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Agenda 03/24/1998 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 24, 1998 9:00 a,m, NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUB1HII-fED IN WRITING WITH EXPLANATION TO TH£ COUNTY AD.~INISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". A~NY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL N'gED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, ViflIICH RECORD LNCLUDES THE TEST~IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TI3IE IS GRANTED BY THE CHAIRaMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY CO?~I,',fisSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.M. I. INVOCATION - Pastor Michael Valentine, Gulf Shore Community Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES A. March 3, 1998 - Regular meeting. 5. PROCLA31ATIONS AND SERVICE AWARDS A. PROCLAMATIONS I) Proclamation proclaiming week of March 23 - 29, 1998 as hnmokalee Friendship Hou~ Week. To be accepted by Ed Laudlse, Execuflv~ Dir~'ior and Gunnar Pcder~on, Pr~ident of the Board of Dircciors. B. SERVICE AWARDS March 24. 1995 11. 1) Richard Hellrlegel - OCPM - $ ye~r~. C, PRESENTATIONS 1) A re.qolutlon supporting prescribed burning pursuant to the "Florida Prescribed Burning Act," Section 590.026, Florida Stntutes. APPROVAL OF CLERK'S REPORT A. A~ALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES, B. Pre~nt to the Board the Comprehensive Annual Financial Report for the Flsc~ Year ended September 30, 1997. C. Pre~ent the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended September 30, 1996. PUBLIC PETITIONS COUNTY ADM~ISTRATOR'S REPORT A. CObIMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Approve a Solid Waste Disposal Plan to provide cost effective wxste disposal service that will meet Collier County's current and long range needs. C. PUBLIC SERVICES D. SUPPORT S£RV'~CES I1 Approval to present comparative cost information to the r~idents of the Isles Capri Fire znd Rescue District and the Ochopee Fire Control District. E. COUNTY ADMINISTRATOR I) Pre,e-ration of the County Administrator's Agency organlzatioa, F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Historical]Archaeological Pr~ervation B. Appointment of member to the Immok~lee Enterprise Zone DeveJopment Agency. C. Appoi,,tmcnt of member~ to the Housing Finance Authority. OTHER ITEMS A. CONSTITUTIONAL OFFICERS 2 March 24, 1998 B. PUBLIC COMMENT ON GENERAL TOPIC PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMI'REHENSIVE PLAN AMENDMENTS B. ZONLNG AMENDMENTS 1) Petition PUD-.87-14(2), Alze D. Reynolds, AICP, o~ W'dso~ Miller, Peck, Inc., requc~ting aa amendment to Ordlnzeco 92-2.% as amended, brtbe purpose of incre~ing the authorized gro~ fl~r ~r~ fram (~0e ~ fee~ 72,000 square feet la the Wilson Profe~ioaal C~-r lq/D ~ m soutbwcs~ corner of Airport-Pulllng Road zed B~3e7 Lane ia Sec. R2$E. 2) Petition PUD-89-41(I), Bruce Tyson, MC'P, repreaenting ~ ag $a~a Barbara, Inc., requesting an amendment to The SboPi~ at Santa ~arlrara PUD to remove fraternal and social clubs, self-,servke lanndrle~ nil;hldul~ and private clubs as permffted uses and to amend ear wa.~es ~ be Ina'mltted an enclosed only; to prohibit repair service~ as part oftbe ~ uae ~ sea-rico stations for property located at the northeast corner af Davi~ Boulevard and Santa Barbara Boulevard, located in Sec. 4, T50S, R2~E. a) Petition R-97-12, Shane and Cindy McIntosb requesting a rezone from 4" to "C-I" for property on the west ~0 feet of Lots 16 zed 21, all of Lots 17 and 20, and the east 20 feet of Lot~ 18 and 19, Gordon Rh'er Homes in Sec. T49S, R25E. CONTINUED TO THE MEETING OF APRIL 14, 1998 - Petltlou R-9~-I, Community Development and £nv~ronmental Serr~es Divhlon rept~enflng the Collier County Board of County Commissioners requesting a re~one from "PUD" Planned Unit Development to "A" Rural Alricultural for ~he Neapolitan Park PUD located in the northeast corner of the int~rse~lon of Da'ds Boulevard and Santa Barbara l~ulevard in Sec. 4, TSOS, R26F.. CONTI'NUED FROM THE MEETING OF MAR~'H 10, I998 - Petition PUl}= 87-31(3), Timothy W. Ferguson zed Dominic Gadaleta representing SJG Land Tru~ requesting a re~one from "PUD" to "PUD" for the planned unit development known as Gadaleta amending the Gadaleta PUD in response to requirements of Section 2.7.3.4 of the LDC, Resohtion 97-1M, for prope~y located on the we~t side of Old Tamiami Trail North/Old U.S. 41 North 867) and immediately contiguous the Lee County boundary line in Sec. 10, T48S, R26E. CONTINUED FROM TH£ MEETING OF MAR(~t ~?~ !998- Petition PUD- 97-18, Karen Bishop of Project Management Services, Ina, representing Signature Communities, Inc., requesting a rezone from RM'F-6, R.M~-12(O and RMF-12$T(6) to PUD to be known as The Dunes Planned Unit Development for a maximum of 531 multi-family dwelling unit.l, located oa the northwest March 24, 1998 13. corner of 111a Avenue North and Vanderbilt Drive, further described as lots 1-I0, Block 1, all of Block 2, and lots 1-16, Block 3, Wiggins Pm Landings Unit I, arid Lots 1-4, Block 1, Wiggins Pats t.~ndings Unit fl Addn., ia Sec. · T48S, R,25E. C. OTBER 1) Ordinance amending Collier County Ordinance No. 72-I, as amended, wMcb created the Collier County Lighting District by return'lng Fozfire Units I & 3 from the Collier Coonty 12g~tlng Distr~'t. (Companion Item to Petition AV 97- 028, Vacation of Platted Rights-of-Way in fox/Ire Unlt~ One, Two and Three.) Petition AV 97-028 to renounce and disclaim ail rights and Interests of the County and Public to access (lngres~egress) and travel upon the following roadways located within Fozfire Subdivision and Planned Unit Development; those roadways depicted and described in the plat of Fox/ire Unit One, Plat Book 13, Pages 84 through 86, and Fon'ire Unit Three, Plat Book 13, Pages 101 through 103, Public Records of Collier County, Florida; prov'idlng for the continuing and unaffected rights of Easement Holders, Emergency Medical and Fire Scr~ico, Collier County Water Management Vehicles and Personnel, Collier County Transportation Vehicles, Personnel and Permlttlng, and Collier County Water-Sewer District Vehicles and Personnel; providing an effective date. (Companion item to County-wide Street Lighting District Ordinance Amendment.) 3) Petition AV 98-003 to vacate a portion of a 7.5' wide Utility Easement along the Easterly 7.$' of Lot 1 I, Block 69, according to the Plat of"Naples Park Unlt as Recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida. Petition CCSI.,-97-5, Bt'eR D. Moore, P.E., of Humlston & Moore Engineers, representing Richard G. and Ne~na L Cole requesting a Coastal Construction Setback Line Variance to allow for the reconstruction of an existing residence l~cated at Lot 32, Block A, replat of Unit 1, Conner's Vanderbilt Beach Estates in Sec. 29, T48S, R2SE. $) Petition 5NR-98-1, Lely Barefoot Beach Property Owners Association requesting a street name change from Lely Beach Boulevard to Barefoot Be~ch Boulevard located in Lely Barefoot Beach Subdi~slon further described u Sees. 5, 6, 7, 8 and 13, T48S, R2$F.. Petition AV 96-001 to vacate the Plats of Wiggins Pass Landing Unit No. I as Recorded in Plat Book 10, Page 44, and Wiggins Pass Landingl Unit No. 1 Addition as Recorded in Plat Book 10, Page 81, all of the Public Records of Collier County, Florida. 7) Adopt the Propogd Collier County Water Irrigation Ordinance. BO.,LRD OF ZONLNG APPEALS A. ADVERTISED PUBLIC HEARI2q'GS 1) Petition V-97-18, Robert L. Duane of Hole, Montes & Associates, representing Kraft Construction Company requesting · 3.5 foot variance from the Industrial Zoning District side yard setback requirement of 13.5 feet on both the east and 4 Mamh 24. 1998 14. 15. 16. we~t side yards for property located on the south side of South Horseshoe Court in Sec. 35, T49S, RASE. 2) Petition CU-92-16A, Community Development and Environmental Services ' Division representing the Collier County Environmental Advisory Board reque~ing an amendment to Resolution 93-129 by removing Condition which requires a bird survey ts a condition of the operation of Everglades Private Airboat Tours on 1,016 acres in Sees. 26 and 27, T52S, R29E. B. OTHER STAFF'S COSIMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion Is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and consid~red ~eparately. Bo COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorize staff to submit a grant proposal to the U.S. Fish and Wildlife Service for funding sea turtle public awareness activities. 2) Authorize ~taff to submit a grant proposal to the U.S. Fish and Wildlife Service for funding exotics removai in the lely Barefoot Conservation Easement. Approval of a resolution that authorizes the County Administrator to apply for a S750,000 Economic Development Grant that is offered through the Florida Department of Community Affairs. 4) Final acceptance of the roadway, drainage, water, and sewer Improvements for the final plat of "Sapphire Lakes Unit I". 5) Approvai for recording the final plat of 'Kensington Park Phase Three-C". Approval for recording the final plat of Avila Unit One. CONTINUED FROM THE MEETING OF MARCH 17. 1998 - Appro-eal for recording the final plat of "Glen Eden, Phase One~. -- PUBLIC WORKS I) To accept the highest and best bid for the purchase ora portion of the Marco Island Transfer Station. ~) Recognize, approve and appropriate a portion of the Marco Island Beautification M.S.T.U. Fund 131 Carry Forward and Reserves for l..tndseape Mahttenance Expenses. Iv~rch 24, 1998 Co a) 4) Approval of Bid 95-2781 for the purchtse and delivery of one Tractor with Slope Mower for the North County Regional Wastewater Treatment Facility. Approve a Change Order to Work Order No, WM'BP FT-96-7 with Wilson, Miller, Barton & Peek, Inc. for Additional Survey and Mapping for the WideMng of Golden Gate Boulevard Project No. 63041, CIE Approve a Waiver of Road and EMS Impact Fees for the Naples Art A.s~oeiatlon and the Naples Player~. Award Work Order WMBP-FT-9~.$ to Wilson, Miller, Barton & Peek, Inc. and Work Order BSW-FT-9g-4 to Barany, Schmitt, Weaver and Partners, Inc. for Design Services related to the Golden Gate Fitness Center, Project No, $0114. Approve Change Order No. 2 to Mitchell & Stark Construction Company, Inc. for the Reclaimed Water Transmission Main from Quail Creek to the North CountT Regional Water Treatment Plant, Phase !1, Contract NO, 97-2674, Project No. 74008. 8) Award Bid #97-27~0 for Backflow Prevention A.z~emblies and Associated Materials. 9) Approve Supplemental Agreement No. 4 with CIa2M Hill for the Pine Ridge Road improvement, Project No. 60111; CIE 41. PUBLIC SERVICES i) Approve a resolution appointing officers to Collier County Agriculture Fair and Exposition, Inc., Board of Director,x. SUPPORT SERVICES 1) Approvai to reimburse the Facilities Management Department for an emergency expenditure for the Tax Collector's uninterrupted power supply system. 2) Approval of a grievance procedure fulfilling the requirements of the Americans with Disabilities Act. This item has been deleted. 4) Appropriate additional fund~ for contractual fire suppression services provided by the Division of Forestry. 5) Approve Ochopee Fire Control Distri~ grant request. 6) Recommendation to reject ail proposals received under RFP 97-2767. COUNTY ADMINISTRATOR 1) Budget Amendment Report BOARD OF COUNTY COMMISSIONERS 6 March 24, G. bflSCELLAHEOUS CORR~PONDENC~ ~) ~L~O~S ~S T0 ~ ~0R ~CO~ ~ A~O~ ~ 0~ CO~S~ON~ Om~ 1) R~ommendation that the BCC sl~ ~e ~fi~on of acc~e ~d ~e si~ato~ ~tho~ ~er for ~e ~b~t awa~ of ~ S~te ~ ~flda S~ ~ol~ce Ag~n~ Wom~ G~ P~ L CO~ A~O~Y J. ~ORT AU~O~ 17. ~JO~N ~Q~S CONCE~G ~GE~ TQ ~ BQA~'~ AGE~A ~HQ~ BE MADE TO ~ 7 1998 A qEIVDA CHANGES BOARD OF COUNTy COMMISSIONERS' MEETING MARCH 24. 1998 ADD: ITEM 10(D) - ADDITIONAL APPOINTMENTS TO THE ADG (COMMII~IONER BERRY). MOVE: ITEM 16(A)($) TO 8(A)(1) - RESOLUTION AUTHORIZING THE COUNTY xv~IsrRAroR ro APPLY FOR A $750,000 ECONOMIC DEVELOPMENT GRANT (DCA) (STAFF'S REQUEST). WITHDRAW: ITEM 16(A)(4) - FINAL ACCEPTANCE OF THE ROAD FPA Y DRAINAGE, WATER AND SEWER IMPRO~ FOR FINAL PLAT OF "SAPPHIRE LAKES UNIT I" (STAFF'S REQUEST). NQTE: ITEM 12(C)(2) SHOULD BE HEARD BEFORE ITEM 12(C)(1) - AV-97-028- PRIVATIZATION OF ROADS ~qTH1N THE FOXFIRE SUBDIVISION. (STAFF'S REQVEST). STAFF COMMUNICATIONS 1. ALLEGATIONS OF THE ISLE OF CAPRI BOARD MEMBERS. WttEREA& ~VHEREAS, pROCLAMATtON lmmokalee Friendship House was founded in 1987 and continues to provide around the clock service' to the people of Collier County; and the lmmokalee Friendship House provides emergency relief for the hungry and homeless of Collier County and annually provides shelter for more than 1,000 homeless and serves 25, 000 meals; and the Immokalee Friendship House provides a home for many services of value to the lmmokalee area and to Collier County in general, including meeting sitex for A~, battered women's groups, tutoring programs, job fairs and community service college spring breaks; and the Immokalee Friendship House sponsors innovative programs and refers clients to programs for health, job placement and education; and the Immokalee Friendship House program recently received the prestigious "Harry Chapin Self-Reliance Award for getting the unemployed back to work. The Immokalee Friendshl , homeless shelter in the U.S. to receive this 197tEREAS, the Imm exceptional Board of of' able staff. NO ;V of Collier 602 ~ Main work ' DONEAND 1998. ': ': , - ... .~::, . ...,:.,.:.~ ... ' · ....' .. ~'..~=' · · ., . . ,.. - .' · : · ' '-,? ~, ,,~..-c~:= ,'..: '. ...... .. ,". "'.'~.~.~, :. .. ...-.~ · '-' ' ' ; ...... .' '. -- .' ..~ '-~: .~_,*'2~.'"~ · . :.: ~.,ua-:--~...~,:.¥'~,-,a'~,,a.,raaxr~.,.~a~-'~,~.a_~,aat-aaaxavaznan ;:' '.'~'~". /.TTE3'T: ..... . :. ~:';~'.,~,'::'- :-.-' '-.'-!.~q::' ;. ;'.,,,'-.~.- .'=."-:,," l:.:': Ae,~:~na · T-,-,:,. - · n ':.? ~ ''..'-' ' · . ".':'",'.~':':"':,'.':?:.~y".&~,~', ? _;:',¥'qr~'G'~.."l."~v:.',: .. *' - : ., - ..... , .., .. · . . ¥.':'; ~2'.~.-..?-..,,.~, .-_,..* ,¥~.. ,,~r.',.~. .... v.. ,~.-.., .-.-,. ..,.-. . ,.' ,~, . ::~.- .... . ~.. *u~ ,,.},~ %: *,~,~:'.q',-,',.f,:-'~.~',l-.'g,,-. - .~,t.-,,,~a -.t4' ,'-4,: n~~ .'~ ~ "g ~ .-. ,,u,n, * · '. , ~., , ,, ,., ,.,,-.-..._-,. ..,,' .: : -:.. .. ' .' "':"" .... "' - · - · 'F :"' ,'~".'; ':'-' ¥ },".4.. - -.a~'-, -, ." ..,, · · . , - . - ~ '~'""..''': ...... '* ' : '."*_ ~ "F"-,...- .~'. '.* ~-. '---.,.,,t r-~/-~ ~ ,.-,,r....~;,,~",'-. ....,~,..,r~. ~-o;.. · . · .... · .r o- ~'~..'". '~.t'n'~''w''~''n''"'''~ '. , .' . ' ' "~ ' '*' '. · · °'- ~-, o' ~,~.q °~"~b""~. . . · ?-' ' · · . '- .:.-'- -... :.~,."...'t, ?y.~f~;' .... ' .. ,,... ,, : 3'.,..~'~..-,':;?. ' -, .'%~'n'~" ..... ,r". ,~ .. ,. .,-" q~: :- '~':.. ., ...... .. ,.=~,_ o"~ .. ~ .... . ...rt..l;- ~,.~- .,~ffillll[t, ililJl~ · . .............. '_' '. ..,' · ' ' ' : ' . '~-' - · - .'"~:. Florida Department of Agriculture & Consun,,r Servicesi BOB CRAWFORD, Commissioner The Capitol · Tallahassee, FL 32399-0800 February 26, 1998 Bob Fernandez Collier County Administrator Collier County Administration Building 3301 East Tamiami Trail Naples, FL 34104 Attn: Barbara Attached please find 2 copies of the Prescribed Burn Resolution as per request. This resolution has been adopted by Hendry County this past year. I have taken the liberty ofinserting "Collier County" where the resolution read "Hendry County". Hopefully this is acceptable to you. Please feel free to make any changes that you deem necessary. If you should need more copies, or have questions concerning this or other issues, please contact me at the above address. Thank you for your efforts in this matter and best wishes to you in matters concerning our natural resource of trees. Sincerely. BOB CKAWFORD COMMISSIONER OF AGRICULTURE Senior Forester Florida Agriculture: Fl~da A $6 Bill~bn Indu~'T"r~ RESOLUTION NO. A RESOLUTION SUPPORTING PRESCRIBED BURNING PURSUANT TO TIlE "FLORIDA PRESCRIBED BURNING ACT," SECTION S90.028, FLORIDA STATUTES. WHEREAS, prescribed burning is a critical resource management tool that when properly administered minimizes impacts on air quality, protects punic safely, and enriches proper~y aesthetics; and \\qtEREAS, prescribed burning reduces accumulated ~uels and consequently lessens the likelihood and severiW of uncontrolled and damaging wildfires; and WHEREAS. much of the ecosystem of Collier Counly, including endangered, threatened, and species of special concern, is fire-dependent for its vitality; and WFIEREAS, the Florida Legislature enacted Section 590.026, Florida Statutes, the "Florida Prescribed Burning Act," that recognized the benefits of conducting prescribed burning; and WFIEREAS, rules governing open burning in Collier County require that proper authorization be obtained from the Florida Division of Forestry, DepariTnent of Agriculture and Consumer Sen'ices, prior to conducting prescribed burning in Collier County. NOW, TfiEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONTERS OF COLLIER COUNTY, FLORIDA, that the Board, in regul~ session and duly assembled, supports the use of prescribed burning as a land management tool in Collier County. '['his Resolution adopted after motion, second and majority vote. DATE[): ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COM~{ISSIONERS COLLIER COUNTY. FLORIDA By: BARBARA B. BERRY, CHAIRMAN Approved as to form and legal sufficiency: David C. Weig¢l County Attorney DCW&n EXECUTIVE SUMMARY PRESENT TO TIlE BOARD OF COUNTY COMMISSIONERS Tile COMPREHENSIVE ANNUAL FL4NCtAL REPORT FOR TIlE I:[SC~4L ~T~4R ENDED SEPTEMBER $0, 1997. OBJECTIVE: To present to Board of County Commissioners the Comprehensive Annual Financial Report for the year ended September 30, 1997. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex. Officio Clerk to the Board of Count, Commissioner~ is responsible for the coordination of the annual independent audit along with the production of the Comprehensive Annual Financial Repoa. In this role, the Clerk is pleased to present to the Board the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 1997. The CAFR represen~ a significant investment of effort by the Finance and Accounting Department along with those involved County employees. We would like ~o express our appreciation to this Board, the other Constitutional Officers, the County Admini~a'ator, Division Administrators, and the Department Director~ not only for their assistance with the CAFR, but for their assistance throughout the year in mat~er~ pertaining to the financial affairs of Collier County. GRO WTI{ 3IANA GEMENT IMPA CT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners accepts the Comprehensive Annual Financial Report for the period ended September 30, 1997. //James L. Mitchell, CIA, CFE, CBA ~' Director of Finance and Accounting Reviexved By: .... .~, Date: '~.~ ~ Date: EXECUTIVE SUMMARY TO PRESENT THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANIC.4L REPORTING TO TIlE BOARD OF COUNTY COMMISSIONERS FOR THE FISCAl- YEAR ENDED SEPTEMBER 30, 1996 OBJECTIVE: To infomt and prcsent to the Board of County Commissioners the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended September 30, 1996. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for coorclina6on of the annual independent audit along with the production of the Comprehensive Annual Financial Report In the role, the Clerk participates in the Government Finance Officers Associafon (GFOA) Ccrlif}cale of Achievement for Excellence in Financial Reporting progn"am. This award program was established by the GFOA in 1945 to encourage government units to prepare and publish an easily readable and understandable Comprehensive Annual Financial Report covering all transactions of the government during the fiscal year. The GFOA along with the Clerk of the Circuit Court, believe that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. The CAFR's prepared by and for Collier County go beyond the requirements of Generally Accepted Accounting Principles, to providing the man)' users of our financial statements with a wide variety of information used in evaluating the financial condition of this County. Collier County has received this prestigious award for ten consecutive years, and it is with great pride that we inform and present to the Board the award for the eleventh consecutive year for the CAFR that was prepared for the )'ear ended September 30, 1996. GROWTH 3L4NAGEMENT L'ffPACT: None. FISCAL IMPA CT: None. RECOMMENDATION: That the Board of County Commissioners accept the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the period ended September 30, 1996. Prepared By: dae,~,,,~a ~-,...~~ //.lames L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Dwj~t'E.'Brock el{//,: of the Circuit Court EXECUTIVE SUMMARY APPROVE A SOLID WASTE DISPOSAL PLAN TO PROVIDE COST EFFECTIVE WASTE DISPOSAL SERVICE THAT WILL MEET COLLIER COUNTY'S CURRENT AND LONG RANGE NEEDS. OBJECTIVE: To present the Export Trucking of Solid Waste RFP results plus other Solid Waste Disposal Issues and recommend a cost effective solid waste disposal alternative to meet the current and future needs of the County. CONSIDERATION: This summary will address the following related solid waste disposal issues: (I) RFP # 98-2779 for the Export of Collicr County Solid Waste. (2) The Dufresne-HenrT report on the cost to build and operate a landfill at site #L". (3) The odor control issue at the current County Landfill. (4) The need to address long range solid waste management planning. SOl. ID WASTE DISPOSAL ISSUES: (1) Export RFP The County received two responses to RFP # 98-2779 on March 5, 1998. This RFP requested cost proposals for transporting the County waste stream on a per ton basis and also requested annual lump sum costs for the post closure maintenance of the current landfills. Waste Management Inc. of Florida (WMI) proposed to export lined cell waste to their east coast landfill located in Broward County at a cost of $26.99 per ton. Chambers Waste Systems of Florida, Inc., a subsidiary of USA Waste, Inc., proposed to export lined cell xvaste at $34.99 per ton. Attachment number one provides a cost comparison matrix of all associated costs including the cost of post closure monitoring/maintenance. The current costs of the existing landfill as well as the costs for building and operating a new landfill at site "L" are included for comparison. In addition, the current WMI contract for landfill operations has a five (5) year and eight (8) year early termination buy out cost. The highest buy out cost option of five (5) years has been included on a per ton basis. To enable an "apples to apples" comparison, the actual current tip fee of $26.32 has been reduced by $5.14 which is the amount currently set aside in reserve for future capital outlay. The matrix shows that a premium or cost above current cost of $12.43 per ton will be paid for the export- trucking alternative. This translates to a $13.67 increase in the annual assessment to residential customers and a 12.67 percent increase to the average commercial customer's monthly bill for solid waste services. (2) Dufresne-Henry Report The Dut'resne-Henry, Inc. Consulting team has su0mitted a report detailing cost estimates for constructing and operating a new landfill at site 'L'. These cost include the development and operation of a transfer station to be located at the current landfill. A summary of their report is provided as attachment two. A premium of $5.34 per ton would be required to support development, operations and closure at a site "L" County landfill. This additional cost over current solid waste service cost translates to a 4.95 per cent increase in the annual assessment to residential customers and a similar increase to the average commercial customer's monthly bill for collection and disposal services. The Dufresne-Henry team will be present for this agenda item and will be available to provide any requested details. (3) Landfill Odor Control The Collier County Solid Waste department staff visited two major landfills with very effective odor control programs in operation. The most impressive program was noted at the WlvlI Central Landfill located in Broward County that is surrounded by 50,000 residents living in upscale residential communities. Only two or three complaints are received monthly and this low complaint history is attributed to the aggressive odor control program in place at this facility. The offensive odor at this landfill and at the Collier County Landfill is associated with hydrogen sulfide (H2S) gas generation. Horizontal collection systems in the working face have proven effective in reducing this odor problem. A similar aggressive program to improve odor control at the Collier County landfill will be implemented regardless of the disposal alternative selected. An assessment of current conditions is being conducted and the resulting action plan and its associated costs will be brought to the Board of County Commissioners for approval. (4) Long Range Solid Waste M~tnagement Planning. The health, safety, and economic viability of an area depend on its ability to reliably ensure its waste products can be eliminated at a reasonable cost to the area's residents. It is recognized that long range veaste disposal planning must include landfills as an essential element to the waste disposal needs of an area. Waste management contracts of various kinds can be. effected but there are no guarante~ as to the continued viability of the contracted entities. Therefore, regardlem of which of the following alternatives are chosen, it makes good long range planning sense to consider acquiring site "L" for fumm disposal needs of the County. Site "L' provides the County with an ideal remote location to process its wastewater treatment plant sludge and yard waste. The need for a location to process these odor-generating materials is immediate and as the County continues to grow in population. This site should be acquired and identified on the land use planning maps. To ensure that fl~e current landfill situation is not repeated, it is recommended that a long-term commitment be made not to change the adjacent agriculture. Ho,,,~ tt,~e :ronlno HAR 2. The decision to acquire site "L" should be based on a minimum four lo one vole if:zoning changes would so require it. The following alternatives are submitted for Board of County Commissioner's consideration' ALTERNATIVES A. Alternative One - Relocate to N~v Landfill Site in Eight (8) Years Immediately implement additional odor control measures at the existing landfill site. Initiate action to exercise early termination option "A" which allows the County eight (8) years to acquire and develop proposed site "L' for a new landfill operation. Initiate action to acquire the new landfill site "L". Reject all proposals received under RFP#98-2779 and issue an RFP for the design, permit, build and operation of site "L' with operations to commence in approximately eight (8) )'ears. PROS It provides the County with maximum control over the availability and cost of its current and future wasle disposal needs. It reduces the early out cost from S2,686,403 to $990.000 resulting in cost savings of $1,696,403. It also recognizes the current landfill location is not compatible with surrounding residential areas. Sufficient reserves are available to purchase site "L' without adding cost to the user of solid waste services. Provides an ideal location to manage the county's yard waste and wastewater treatment plant sludge disposal requirements. CONS Costs $5.34 per ton more or a total cost of $34,800,000 over the approximate seventeen (17) yem's that the current site could have been used beyond the early termination point of eight years or the year 2006. It requires the county to assume annual post closare cost of $300,000 per year or $1.25 per ton for the current landfill site. It requires taking active agriculture land. ' B. Alternative Two - Implement Export Trucking in Five (b') Years and Acquire New Landfill Site "L'. Implement additional odor control measures. Exereis~ early terminntion option "B" effective May 1, 2003. Immediately enter into an export agreement with WMI or its intended successor - USA Waste, Incorporated. Initiate action to acquire the new landfill site "L" for yard waste~ and wastew~c: sludge processing. / ~'" '- ~"~'~l)' t4 R PROS It eliminates, as soon as possible, current landfill activity adjacent to residential areas in the County. It provides for future maximum control of the County's waste disposal requirements. CONS It will cost $12.43 per ton or $2,942,865 more on an annual basis than using the existing landfill site. It will cost $7.09 per ton or $1,678,593 mom on an annual basis when compared to developing and using a new landfill site. It requires taking active agricultural land. C. Alternative Three - Implement Export Trucking in Five (5) Years Implement additional odor control measures. Exercise early termination option "B" on May 1, 2003. Enter into an export agreement with WMI or its intended successor - USA Waste, Incorp~3rated. Do not acquire the new landfill site "L". PROS It eliminates, as soon as possible, current landfill activity adjacent to residential areas in the County. It does not require taking active agricultural land. CONS It provides the least control over the County's solid waste management and planning. It will cost $12.43 per ton or $2,942,865 more on an annual basis than using the existing landfill site. It will cost $7.09 per ton or $1,678,593 more on an annual basis when compared to developing and using a new landfill site. FISCAL IMPACT: Solid waste activities in Collier county am funded through a customer or user fee and not through taxation. When the waste generation rate of 1.1 tons per residential unit is applied to the options given, an increas~ to the annual assessments for disposal at a new County landfill is $5.87 per year. The increa~ for the export trucking option is $13.67 per year. If these increases were applied to the em'rent assessment amount of $107.96 ($78.03 of the fee goes for curbside eolleetion ard $29.93 for disposal), the percentage impact on the annual ~~nt for these options is an approximate 5% increase for the new landfill option and an approximate13% inzmas~ for the export option. The commercial ~tor would ~ a simil~x im'eentage in~. The actual increase in disposal cost is 2lY'A and 46% respectively. - A,~E~.:DA ITE~ Pg._--g._... GROWTH MANAGEMENT IMPACT: The current plan level of service standards (LOSS) require a minimum of two years lined cell and ten years total capacity to be maintained. If alternative two or three are chosen, the Growth Management Plan may require modifications to reflect that capacity requirements will be supplied by private contractors under a service agreement. RECOMMENDATION: The Collier County Public Works Division and its Solid Waste staff recommends Alternative One - Relocate to New Landfill Site in Eight (8) Years for the reasons stated above. PREPARED BY: David W. R,,~sell, Director, Solid Waste Management Department Date REVIEWED BY: '"'-~<'~ '" ~- / Steve Carnell, Pur/:hasing Director REVIEWED Ed Ilschne~', P-ubl~Works Administrator Date Date ITEM Attachment I COMPARATIVE COST MATRIX SEE NOTES FOR EXPI.ANATiON$ CURRENT WMI CHAMBERS NEW COUNTY EXPORT EXPORT LANDFILL LINED CELL RATE PER TON COUNTY ADMIN POST CLOSURE HAZWASTE CTR ALT. B BUY OUT TOTAL DIFFERENCE 16.13 26.99 34.99 19.90 4.92 4.62 4.921 4.92 0.00 1.25 1.71 1.25 0.13 0.11 0.10 0.11 0.00 0.34 0.34 0.34 21.18 33.61 42.06 26.52 0.00 12.43 20.88 5.34 ANNUAL INCREASE TO PATE PAYER AT 1.1 TON PER UNIT TOTAL ANNUAL COST 1998 TONS 236,755 i, SS,014,471J $7,957,336J $9.957,9151 $6,278,7451 ADDED ANNUAL COST IN 1998 TONS I $2.94~.8es! ,~.943,444! $1,284.272! Lined cell tons only are used here as they relate directly to site capacity and the mejor cost components of cell construction,closure and postclosure care. The County's current actual tip fee of 26.32 fee includes approximately $5.14 per ton for reserves. Reserves are not included in the matdx. Admin.costs include admin and scale house staff, Haz.waste disposal and transfer station shortfall subsidy. Post closure care is included in the current fee paid to WMI if the slte is not closed early. Post closure care becomes an extra cost if the site is closed early. This per ten cost covers the annual expense el' operating the Haz. Waste center located at the landfill. The alternative "B" buy out occurs on May 1,2003. Cost is $2,686,403 divided by 7,870,653 tons over 20 years equals 34 cents per ton. HAR 2 Ji 1998 Section 1 Summary Attachment 2 The purpose o£this summary is to present the results of the prelim{nary design and cost estimate to construct and operate a transfer station at the existing Naples Lmdfill and a new landfiU in the eastern part of Collier County. The Collier County Commissioners, at the conclusion of the site selection task of the Citizens Advisory Committee, directed the Duff.es'ne-Henry, Inc. Team to establish landfill design criteria and preliminary costs to construct and operate a County. owned landfill at Site L. Site L is located on CR 858, 8 miles east of Orangetree and 7 miles south of lmmokalee. The following design criteria were established for the new landfill: Land necessary for 50 years of o~erafion 1.130 acres Heieht 150' Liner Leachate Gas Stormwatcr Combined maintenazce/admiz2s'a'ation buildint Yard waste (E~tem County) _Y~d wa_itc (Navies area) W'bJte__._.~_oods/tire sto.,'aee (E~tem Co,.nave) W'kite e~od.~e storaee ('Naoles axe.',) Con.~truction and Demolition (Eastern Count,,') Co_.~_'=-uc~ion a. nd Demolitioa (Nat~les axeal T,"an.s fer station (at exis:inv lazd~) double s~thetic liner with geOs~thetic clay layer on site storage, pumped to exis~g publlcally owned wa,stewater treatment pl~t for disposal coUected Md burned b,v enclosed ~u flame method 125 ~ acr?s of retention ponds 6.000 squ~re feet 1 acre, paved surface, chipping for use as mulch or _l~_dfill cover continued operation at existin~ landfia site I acre paved surface, net zero value for rec.vcli.~ continued ~ractice at e.x. istia=t !.~Cfll 1 acre unpaved surface, net zero value for !ec.vclin~ cont..ed practice at e.'dsg~.~ !,,.,a611 2 bays The preliminary oph'fion of probable costs for the first twenty (20) years ofoperation ofthe proposed landfill is based on the above desien criteria and receiving approximately 7.5 million tons ofrefiae (ye;'~rs 2003 to 2023). The resulti~e size of the fill area will be 125 acres. The total land area for all facilities, including buffea, for th~'first 20 years of landfill life, is 540i acres. The volume of landfilled waste anticipated during the years 2003 to 2023 is based on the Collier County Solid Waste Department's measured fiscal year 1997, actual adjusted to 235,031 tons inthe ye:ar May 1997 to May 1998 and a three percent per year increase in land.filled waste thereat~er. Based on this method ofcalculatioa, the total landfill waste during the years May 2003 to May 2023 will be 7,541,000 torts. The enL6neer's preliminary opinion of probable costs for construction and the first twenty years of O)peration arc as follows: TOTAL Cons:ruction Op¢,"ations Description (Milt/on $)~ C~Lt/or~ S~~ (Mill/on SI~ (S,To~l ~Land purcMs¢ 7.2 n/a 7.2 !.0 L,zndfilL support facil/t~¢s and closure 64.5 40.9 10:5.4 l-tl0 Transfer station & haulin,~ 2.0 34.3 36.30 4.8 Total 73.7 '75.2 1411.9 19.90 All costs in 1998 dollars. The cost for landfilling waste for thc initial twenty (20) years of landfill operation, inclusive of transfer from the Naples area through the transfer station, is estimated to be $20.00/ton in 1998 dollars. The preliminm-y opinion of construction c6sts is based on recent construction costs at similar facilities. This opinion lacks the benefit ora known land cost, access to the site for topographic survey and hydrogcologic testing, knowing the construction bidding "climate" at the time of consmaction, and the certainty of re~latory parameters that may change in the next 5 years. The {~bmerPlica.fions of these ur3cnov~,-ns are not expected to significantly effect the estimated disposal cost ton. HAR 2 1998 AGENDA TRANSMITTAL SLIP Submitted March I g, 199g Rmlucsled ^gcnda I)utc: March 24, 199R ............................. ~ ~.~.. ............ -~-:,.*~&::::~. ...... .~ :~. ~!~PROPRIAcTi~..Hgi4fl>lNO (ClR~,: ONE [] (4) Approval of Minutes Proel,,mntions [] (SA) Community Dev. & Env. Sync. [] {7) Public Petitions ~ (ge) Public Services f~ (8D) Support Services [] { 13A) BT.A Public ! learings Date: "~! 1 ~/q Reviewed by: Dale: ~;~ I ~/~( Ma,,nger:. Leo ()ohs, Jr., Ad~ninisirntor lYatc: I)'ate: Item Title: AI'I'R()VAI. TO PRtL":,I'.'NT C()MPAILATIVF. COST INFORMATI()N T()TIlE l{I.2';ll >l..'N'l.X; ()1: TI IE IS1.1'%~1 ()F C^I'RI FIRI.: AND RI.]4CI/I.: [ )IS'FIiIC't' AND '1'1 IE ()CI 1( )t'[~E I:[R[~ C()N'I'R()I. l )[S'['RICT. List of Documentn Attached: I. I"-xccutivc,%,n,nary(required) 2. Ochopee FCD Fund (146) 3. Isles of Capri FCD Fund (144) Scenarios 4. 5. Scenarios APPROVAL TO PRESENT COMPARATIVE COST INFORMATION TO THE RESIDENTS OF THE ISLES OF CAPRI FIRE AND RESCUE DISTRICT AND THE OCHOPEE FIRE CONTROL DISTRICT OBJECTIVE: To obtain Board approval to present information to the residents of the County's dependent fire districts to assist them in their decisions regarding future governance of the districts. CON$IDERATION,~_ At the February 17, 1998 meeting ofthe Board of County C-~-mmissioners, staff was directed to prepare information outlining the potential advantages and disadvantages of changing the current method of governance in these districts from dependent to independent status. Once approved by the Board, staffwill schedule public meetings in these districts to disseminate this information. _B_ACK, GROUND AND (2QMPA~~ ANALYSIS: l$1e~ of Capri Fire and Rescue District The District was established as a dependent fire district by the Board of County Commissioners in 1978 and has a FY 98 budget of $163,200. Current r~'enue sources include ad valorem taxes assessed on the residents ofthe District and a transfer from the Collier County Fire Control District to offset Isles of Capri District expenses associated with the provision of services to this area. An indirect service charge of $800 was assessed against the District's FY 98 expense budget for management, administrative and technic~ support services provided to the District by other County operations, e.g. County Attorney, Finance Department, Human Resources, Purchasing, Budget, and related support. Staff conservatively estimates that the additional costs to operate the Isles of Capri District as an independent fire district range from $40,950 to $70,750 annually. These cost increases result from adding a firefighter to maintain 24 hrJday, 7 day/wk, station coverage, as well as additional expenses for paid fire commissioners and spedalized services and insurance expenses due to the loss of County ~affsupport and volume pricing on selected commodities and services. The variance between the low and high cost estimates is a function of the levd at which the de:ted fire commission chooses to set its own compensation schedule. Current State statute provides a maximum salary of $500.00 per commissioner per month ($30,000 annually based on :5 commiuionen). The low estimate assumed a nominal annual salary of $500 per commissioner ($2,500 per year). The following budget and tax millage information compares the current budgeted expenses of operations as a dependent district against the cost of operating aa an HAR2 ~, / independent district. The estimated appropriation, revenue and millage rate comparisons S~A~ON ~DE~E~ENT ~DEPENDE~ DEPE~ENT DIST. DIST. DIS~ COST EST. ~O~ COST EST. ~G~ Rtvenue S163~2~ $2~2~ S233~ Millage ~ge .079 1.02 1.23 Incr~ from ~ 98: .23 .~ Pr~ent Increase: 28.8% 55.3% Includes additional personnel costs to maintain 24 hr./day, 7 day/wk, station coverage. Ochopee Fire Control District The District was established as a dependent fire district by the Board of County Commissioners in 1975 and has a FY 98 budget of $848,300. Current revenue sources include ad valorem taxes assessed on the residents ofthe District, a general fund transfer of payments made in lieu of taxes on federally owned lands, and a transfer from the Collier County Fire Control District to offset Ochopee District expenses associated with the provision of services to this area. An indirect service charge of $32,700 was assessed against the District's FY 98 expense budget for management, administrative and technical support services provided to the District by other Count)' operations, e.g. County Attorney, Finance Department, Human Resources, Purchasing, Budset, and related support. Staff conservatively estimates that the additional costs to operate the Ochopee Fire Control District as an independent fire district range from $54,400 to $84,300 annually. These cost increases remit additional expenses for paid fire commissioners and specialized services and insurance expenses due to the loss of County staff support and volume pricing on selected commodities and se~ices. The variance between the low and high cost estimates is primarily a function ofthe level at which the elected fire commission chooses to set its own compensation schedule. Current State statute provides a maximum salary of $500.00 per commissioner per month ($30,000 annually based on 5 commissioners). The Iow estimate assumed a nominal annual salary of $500 per commissioner ($2,500 per year). The major change in the revenue portion of the budget involves the elimination of the general fund transfer of PILT funds into the District's budget. These are general fund tax dollars that currently subsidize the operating costs ofthe District. The staff'assumption used in preparing the analysis is that these funds would not be made available to an independent fire control district in Ochopee. The following budget and tax millage information compares the current cost of operations as a dependent district against the cost of operating as an independent district. The estimated appropriation, revenue and millage rate comparisons are based on FY 98 budget and taxable value information. CURRENT INDEPENDENT SITUATION INDEPENDENT DIST. DEPENDENT DIST. COST EST. (ltlGH) DISTRICT COST £ST. (LOW) Appropriations $848~3® $902,700 S932,600 Revenue $$48~300 $902,700 $932,600 Millage .Rage 2.60 6.90~ 7.18I Increase from FY 98: 4.30 4.57 Present Increase: 164.9% 175.$% ~Eliminates a $357,800 transfer from the General Fund 0aILT funds) and shifts that burden to District ad valorem tax payers. Additional costs may be incurred, depending on the method(s) selected by the Board, for determining the majority will of the residents in these dependent districts and the timing associated with the selected method(s). Optional voting methods and associated dates and cost estimates are as follows: TYPE DATE ,ISLES OF ¢APm .O~L'HOPEE Straw Vote/Survey (Optional) Local Delegation Hearing Concurrent Election Ballot or Separate Mail Ballot (Binding) Anytime $2,100 January, 1999 March, 2000 $200 S2,900 $500 Anytime $5,000 $7,000 FISCAL IMPACt.: None at this time GROWTH MANAGEMENT: None at this time. RE(~OMMENDA .T1ON: That the Board of County Commissioners determine the timetable for holding an election in the dependent fire and rescue districts to determine the future governance of these districts and authorize staffto schedule public meelings in advance of these elations to disseminate the information presented herein. PREPAP~D BY: DATE: . Diane B. Fla~,g, Chief REVIEWED BY: '~_- ~.~'.~~ Leo O~hs, Jr., Adm, im'~tJ'ator DATE: Ochopee FCD Fnnd (146) Scenarios Personal Services Operating Capital Outlay Transfer~ Reserves Total Appropriations FY98 1:Y98 FY99 FY99 Budget Projected ,~atrio 1 .~..enario 2 631,500 631,500 6~4,000 661~00 132,100 132,100 178,700 178,700 13,500 13,500 13,500 13,500 16,300 16,300 33,500 34,500 54,900 0 43,000 44,400 848,300 793300 902,700 932,600 Ad Valor~'n Taxes 296,800 296,800 786,200 817,700 Tfr from CCFCD 77,800 77,800 77,800 77,800 PILT/Tfr Gen'l Fund 357,800 357,800 0 0 Interest/Misc. 10,400 10,400 4,100 4,100 Carry Forward 120,900 124,900 74,300 74,300 Revenue Reserve (15,400) 0 (39,700) (41,300) Total Revenue 848,300 867,700 902,700 932,600 Millage Kate: Incrcase from FY 98: Percent Increase 2.6053 2.6053 6.9013 7.1778 0 0 4.2960 4.5725 0.0% 0.0% 164.9% 175.5% 8AR 2.ti 1998 Isles of Capri FCD Fund (144) Scenarios FYg8 FY98 FY99 FY99 Budget Project~ Scenari~ ! Scenario 2 Personal Setwices 77,100 77,100 118,1:50 145,650 Operating 55,000 55,000 64,400 64,400 Capital Outlay 5,200 5,200 5,200 5,200 Transfers 3,800 3,800 6,700 7,600 Reserves 22,100 0 9,700 11,100 Total Appropriations 163,200 141,!00 204,150 233,950 Ad Valorem Taxes Tff from CCFCD Interest/Misc. Carry Forward Revenue Reserve Total Revenue 118,000 118,000 151,950 183,350 33,E00 33,800 33,800 33,800 1,3oo 1,3oo 1,4oo 1,4oo 17,800 12,600 24,600 24,600 (7,7o0) 0 (?,~x)) (9,2o0) 163,200 165,700 204,150 233,950 Millage Rate: 0.7921 0.7921 1.0200 1.2308 Increase from FY 98: 0 0 0.2279 0.4387 Percent Increase: 0.0% 0.0% 28.8% 55.4% HAR 2 4 1998 EXECUTIVE SUMMARY PRESENTATION OF THE COUNTY ADMINISTRATOR'S AGENCY ORGANIZATION OBJECTIVE: That the Board of County Commissioners consider and approve a revised plan of organization for the County Administrator's Agency. CONSIDERATIONS: In reviewing the Table of Organization of the County Administrator's Agency, the Administrator, in cooperation with the Division Administrators, has determined that certain revisions to that organizational structure would lead to greater organizational effectiveness. These revisions are for the most part minor in nature, and are described as follows (a fully revised Table of Organization is included as an attachment to this Executive Summary): The most significant change being recommended is the addition of a fifth orgar, izational division, the Public Safety Division. Given the size, complexity, and critical nature of emergency services a division is warranted. Concurrently the Support Services Division, where emergency service departments were placed with the Agency's most recent reorganization, will regain the title "Administrative Services." The Office Of Capital Projects Management will be divided. The Public Works capital project and engineering functions will remain in the Public Works Division. Project management of vertical construction, or government buildings will go to the Facilities Management Department. The management of Parks capital projects will become the responsibility of the Parks and Recreation Department. The Offices of Utility Regulation and Franchise Administration will be combined and placed in the Community Development Division, where other similar regulator,/activities are placed.. The operation of Channel 54 will be split out of Franchise regulation, combined with the Office of Public Information and placed within the Administrative Services Division. The administration of the Tourist Development Council and tourist development tax allocations will be moved to the Community Development Division, where other economic development activities are placed. The Pelican Bay Services Division, which currently reports to the County Administrator's office, will be placed in the Public Works Division. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: The reorganization as proposed requires the addition of only one new position. It is recommended that the position of Executive Assistant to the County Manager, which was eliminated during the last budget cycle, be reinstated. This position can then be conveded to Public Safety Administrator. In addition, following further review by the Human Resources Department, a few further classification adjustments may be in order. It is recommended that the Board approve the organization in concept with a full report on the exact cost to be provided to the Board members following the Human Resources review. Further, budget amendments, if necessary, will be brought to the Board for approval. RECOMMENDTION: That the Board of County Commissioners approve the County Administrator's proposed Table of Organization as described herein and as detailed in the attachment to this Executive Summary. F~esented By: Ftobo~. Fernandez, County Administrator OBJECTIVE: To appoint I member to fulfill the remainder ora vacant term, expiring on October 1, 1998, on the Historical/Archaeological Preservation Board. CONSIDERATIONS: This 7 member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resource~ in Collier County, under the direct jurisdiction and control of the Board of County Commissioners. Members must comply with the financial disclosure laws of the State of Florida. Terms are 3 years. A list of the current membership is included in the backup. Deborah Jones Cox resigned on January 5, I998; a press release was issued; and, resumes were received from the tbllowing interested citizen: APPLICANT DISTRICT ELECTOR Joan.ne Marro QuLma 4 yes COMMITTEE RECOMMENDATION: Joanne Marro Quin~ FISCAL IMPACT: NONE GROWTH ~L&aNAGEMENT IMPACT: NONE RECOMMENI)ATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to fulfill the remainder of the vacant term and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: MARCH 24, 1998 AGENDA IT.~M HAR 241 1998 PLANNING SERVICES DEPARTMEI~ RECEIVED HAR 6 1998 Board of Count~ '~o~,~ssfoner: TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Ray Bellows ~ Principal Planner March 3, 1998 Historic Preservation Board Vacancy Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to thc vacancy on thc above referenced advisory committee. The vacancy represents the category of Citizen-At-Large. Please note that the Preservation Board has reviewed the resume of the applicant and has recommended that Joanne Marro Quinn be appointed as the Citizen-At-Large member to the Historic and Archaeological Preservation Board. If you have any questions concerning this matter, please do not hesitate to contact my office. · CC: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. Ron Nino, Interim Current Plarming Manager AGE ND.A..X T,E~'I HAR2 1998 Historical/Archaeological Preservation Board Wam¢ Work Phone Appt'd EXlX Date Home Phone DateRe-appt 2ndgacpDate 10115/96 I0/01/99 John W. Thompson 576 Retreat Drive, Apt. 202 Naples, FL 34110 District: 2 Category: Archaeology David J. Dfiapsa 725 103rd Avenue N. Naples, FL 34108 District: 2 Category: Architect Lora Jean Young Box 1823 Marco Island, FL 34146 District: l Category: Citizen-At-Large Thomas W. Franchino 660 Jth Street, Nor'dx Naples, FL 34102 District: 4 Category: Real Estate/Land Development Laura Rupp B~rke t 61 West Avenue Naples, FL 34108 District: 2 Category: History ' ~,~ Deborah Jones Co ~/.9 325 Bay Forest Drive i Naples, FL 34110 District: 2 Category: Citizen-At-Large Diane M. Gonzalez 2654 Poinciana Drive Naples, FL 34105 Distff~: 2 Category: Citizen-At-Large 597-2269 2nd Term 3 Years 09/27/94 10/01/97 3 Years 5914321 9/23/97 IO/Ol/O0 3 Years 09/27/94 10/01/97 3 Years 042-5925 9/23/97 10/01/00 3 Years 263-8357 10/I 5196 I0/01/99 3 Years 03/05/96 I0/01/97 5 Years 514-1261 9/23/97 I0/01/00 3 Years 2~3-8~8 08/06/96 10/01/98 2 Yearn 598-42/7 049-0O88 09/01/92 10/01/95 3 Y~ ~ 9112/95 10/01/98 3 Yearn Historical/Archaeological Preservation Board Work Phone /lppt'd Exp. Date Term 2Vame Home Phone DateRe-appt 2nd~_a:pDate 2nd Term This 7 member committee was created by O~. No. 91-70, and repealed and amended by LDC Div. 1.22.1 Ord. No. 91-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, under the direct jurisdiction and conb-ol of the Board of County Commissioners. Membership is composed of 7 members from the following categories: a. history; b. archaeology;, c. Real Estate, land development, or dinance; d. architecture; e. law or urban planning; and, f. 2 positions will be filled by citizens at large. Members ara required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. Staff: Ray Bellows, Planner. 403-2300 I998 MEMQRANDUM DATE: TO: FROM: February 9, 1998 Vinell }{ills, Elections Office ~10 Sue Filson, Administrative Assi Board of' County Commissioners 90 ff8 lO to t 06 , :"., '7.:~': ' '-": 5. RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISTORICAL/ARCHAEOLQQICAI~ PRES BD COMMISSION DISTRICT Joanne Marro Quinn 1084 Sixth Street, South Naples, FL 34102 Thank you for your help. i- AGEND~,.,~TF~ MEMORANDUM DATE: TO: FROM: February 9, 1998 Robert Mulhere, Current Pl=ng ~, Sue Filson, Administrative Assistant/'/ ,, "I Board of County Commissioners Historical/Archaeological Preservation Board As you know, we currently have I vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. 1 have attached the resumes received for your review as follows: .loanne Marro Quinn 1084 Sixth Street, South Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee ~Sthin the 41 day time-frame, and I wiIl prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments HAR 2 958 FAX COVER TO: Mrs. Sue Fii$on, Admin. Assist. Board of Country Commissioners fax 774-3602 From: Joanne Quinn fax 261.4674 Subject: Historic/Archaeological Preservation Board L No ~ IlAR 2 ~t 1998 Jeanne Marro Quinn P.O. Box 8142 Naples, FL 34101-8142 (941) 261-9468 (941) 261-4674 fax February 6, 1998 Board of Coun~ Commissioners 3301 Tamlami Trail East Naples, Flc~rlda 34112 Dear Commissioners: At'tn: Mrs, Sue Filson, Admin, Assist. PIea.~o consider my application for the Historic/Archaeological Preservation Bo~-d representing the category of Citizen-At-Large. ! have been a county resident for eighteen months and wish to contribute to my community. My particular interest in serving stems from my docent capacity at Palm Cottage and membership in the Collier County Historical Society. Part of the script for Palm Cottage tours, focuses on the impact of Baron Gift Collier as his portrait and that of Mrs. Collier hang in the main hail of the cottage. Mr. Collier is cited as the energetic and foresighted person who personally financed the final link of the 'Tamiami Trail' in exchange for the creation of a sep~ate county made up of his land holdings. AdditionaJ comments are taken from Rortda't I. eat Frontier by Charlton Tebeau. The recent renovation of PaJm Cottage has revealed changes in the structure of the building that were previously unknown. A tour through the Cottage provides a window through time. As a graduate student, one of my most fascinating courses was Archeology at UCLA. The subject matter reinforced my betanlcal and biological background. I recognize the value of facts and time. My training makes me approach topics through logic and problem solving. if selected to fill the vacancy on the Historic/Archaeological Preservation Board. you will find me to be a dedicated, responsible and conscientious member. Re~:)ecffully, ne M. Quinn HAR 2 1998 JOANNE M. QUINN 1084 Sixth St. South Naples, FL, 34102 (941) 261-9468 (941) 261-4674 fax Education: Mercy College. White Rains, New York - Paralegal Program SUNY Albany, New York - BS (Biology, Chemistry. Physics) MS (Education) Alfred Ag-Tech College. Alfred. New YoM( - AAS (Medical Tach.) Certification: State of New YoM( - Permanent Cerl~c~ion 1964 - Biology. Physics. Chemistry. GenersI Science State o! New York - Permanent Certification 1971 - Nursery, Kindergarten, Grades 1-6 State of California - Permanent Certification 1974 - Biology, Chemistry, Physics. Physical Sciences State of New Jersey - Permanent Certifmation 1981 - Teacher of Science State of New Jersey - Permanent Certification 1983 - Supervisor o! Science State of New Jersey - Permanent Certification 1983 - Elementary School Teacher State of New York - Permanent Certification 1993 - School District Administrat0r Past Leadership Roles: Chairperson - Westchester Section, Sci. Teachers Assoc. of N.Y.S President - Westchester/Rockland Scl Supervisors Assoc. President - Granada Condominium ASSoc., White Plains, N.Y. State Director - Sci. Teachers Assoc. of N.Y.$. Science Depsdment Chairperson - Edgemont Jr/St High School Current Organizations: Com~ county Historical Society, Inc. Friends of Art at the Philhamx)nic Galleries American Assoc. of University Women, Naples Branch Women's Republican Club Of Nap{es Federated The Women's Polittcai Caucus of Colr~' County Science Teachers Assoc. of New York State No lIAR 2 1998 jul-07-O0 (941) 263.54,~B - Fox (941) 263.~074 January $, 199g Memorandum to: From: DiNe Oonza]~ Debby Cox Pralerv,-tion Boa~l I have lost my voice or [ would c,-ll you direct. [ must resign from the Boa.rd as ! have not been able to feel should be ~iven. My business h~s become overwhelmin~ and Pl~se tell mc how I ~ r~lly so~ but when forefront, t have let you [ hope you had wond=~l ye the alma, ener~ ,,nd thought to it I my focus must be. e~=. a~tem~nce it brought it to the is the ~ coursa of,-ction. hem-in~ from you. Sue Filson Ray Bellows, Principal Planner . ,~.r.~,:,~' ~ O. ,.- AGEND~..~TJE~I Pg% OBJ'E. CTIVE: To appoint I member to serve a 4 year term, expiring on April 4, 2002, on the Immokalee Enterprise Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic oppommities and sustainable economic development for designated areas. To permit Collier County to pm'ticipate in this program, the Board of County Commissioners nominated the Irnmokalee Communit? to be considered by the Florida Department of Cornmerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting ora broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within t2~e nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. The term for W. Herman Spooner will expire on April 4, 1998. A press release was issued and resumes ,,,.'ere received from the following interested citizen: APPLICANT DISTRICT ELEgrOR W. Herman Spooner (re-appt.) 5 yes COMMITTEE RECOM2VIENDATION: W. Herman Spooner FISCAL IMPACT: NONE GROWTH MANAGEMENT IM'PACT: NONE RECOS{MENDATION: That the Board of County Commissioners consider the recommendation for appointment and re-appoint W. H,mnan Spooner, and direct the County Attorney to prepare a resolution conftm~g thc appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: MARCH 24, 1998 AGE ND, A.~XT.~ NO HAR 2 1998 TO: FROM: DATE: RE: MEMORAN-DUM Sue Filson. Administrative Assistant Board of County. Commissioners Helene Caseltin&conomic Development Manager Housing and Urban Improvement March 12, 1998 Immokalee Enterprise Zone Development Agency. (EZDA) RECEIVED 1 3 1998 '~: .ou,,L~ Co~issfoner$ The State Government enacted a program, the Florida Enterprise Zone Program, to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. In order to permit Collier Courtb' to participate in this pro,am, the Collier County. Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation. As pan of the formal request, the State required that applications for Enterprise Zone designation create a committee consisting ora broad base of citizens from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry, council, local code enforcement agency., and local law enforcement agency. The Board created, through Ordinance 95-22, the Immokalee Enterprise Zone Development Agency (EZDA). In addition, the County Commission appointed members to the EZDA under Resolution 95-249. One member's term has now expired. We are, therefore, recommending the following for Board Approval: Reappoint Herman Spooner, owner/manager of Spooner Insurance Agency in Immokalee, who had served out the remaining term of a local business person who had resigned mid-term. This incumbent represents a local business. Please prepare an Executive Summary for the Board's consideration of this recommendation. Please call (x2398) and let mc know if anything ~ is needed from this office to initiate the process. Thank you for all your help. CC: Vincent A. Cautero, AICP, Admini~u~a. or Community Development and Environmental Services Division Greg Mihalie, Director, Department of Housing and Urban Improvement Fred Thomas, .Ir., Chairman, EZDA Immokalee Enterprise Zone Development Agency Name Worlt Phone Appt'd Ea~. Date Term Home Phone DateRt-appt 2ndg. xpDate 2nd Term 643-8445 09/93/96 04/04/99 3 Years Gary Harrison 2800 North Horseshoe Drive Naples, FL 34l 12 District: Category: Local Code Enforcement Carol Losa deLara 658-1313 506 1st Streat, South immokalee, FL 34142 District: 5 Category: Chamber of Commerce President Robert Asbel, Jr. 1 I2 South Is~ Street Lmmoka!ec, FL 34142 District: 5 Category: Local Law Enforcement 657-6168 James L. Penczykowski 1108 Monroe Street Lmmokalee, FL 34142 District: 5 Category: Non Profit Orgaaization 657-2999 .loseph Lozano 403 North 15th Street Immokalee, FL 34142 District: 5 Category: Non Profit Organization 657-2742 Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 District: 5 Category: Private Industry Council 09/03/96 04/04/99 3 Years David E. Lindsey 1020 Sanitation Road Immokalee, FL 34142 D/set/ct: 5 Category: Residmat 02/03/98 04/04/02 4 Years 04101197 04404499 2 Years 04104/95 04104199 481-8o2o 08/05/97 04/04/99 2 Years ~8-3630 08/26/97 04/04/01 4 Yeats Immokalee Enterprise Zone Development Agency VYorl~ Phone Appt'd ~ Date Term ~¥ame Home Pkone DateRe-appt 2nttExpDate 2nd Term ~ 657-2~69 0810997 04104198 ! Year W. Herman Spooncr 806 N. 15th S~eet Immokalee, FL 34142 District: 5 Category: Business Owner & Resident Raymond T. Holland 7380 Trafford Oak. a, #12 Immokalee, FL 34142 District: 5 Category: Finanical Entity Edgardo Tenreiro 1065 5th Avenue North Naples, FL 34102 District: 5 Category: Business in Zone Jerry Primus 701 [mmokalee Drive Immokatee, FL 34142 District: 5 Category: Business in Zone Lucy Ordz 606 Roberts Avenue Immokalee, FL 34142 District: 5 Category: Non Profit Organization Denise Btanton 14700 Immokalee Road Immokalee, FL 34120 District: 5 Category: non-voting ex-officio mu. tuber 6574171 657-4568 2624636 6574.542 657-3671 262-4404 6574617 6574306 Fred N. Thomas, Jr. 1800 Farm Worker Way Immokalee, FL 34142 District: 5 Cra, gory: Non Profit Organiafion 657-3649 04101197 04/28101 4 Years 04104195 04/04/99 4 04104195 04/04/99 4 Yea.~ 04104195 04104199 4 Years 12109197 00100100 llmltecl 04/0405 04/04/96 I Year 9/3/96 04/04/00 4 Yeah lmmokalee Enterprise Zone Development Agency gFork Phone Appt'd Exp. Date Term ,Vame Home Phone DateRe-appt 2mtF. xpDate 2nd 7'erm This 13 member commitlee was created on April 4, 1995, by Ord. No. 95.,22 to Induce private investment into distressed areas to create economic opportunities end suslaineble economic development for designated areas. Initial members were appointed by Resolution No. 95*249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Dept. of Commerce for Enterprise Zone designation in Reso. No. ~5..248, approved March 28, 1~5. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community-based organizations, local private industry count:l, local code enforcement agency, and local law enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years. FI. ST~! T: 290.00 ! - 290.0 l Staff: Gre~j Mihalic, HUI Directo¢. 403-2330 NO., MEMORANDUM RScSIVSD DATE: March 2, 1998 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistant.~ Board of'County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know ii'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE.ENTERPKISE ZON]~ Herman Spooner 10 t 0 Monroe Avenue Immokalee, FL 34142 COMMISSION DISTRICT Thank you for your help. A?ENI)& HAR 2 1998 MEMORANDUM DATE: TO: FROM: March 2, 1998 Greg Mi. hallc, HUI Director start Sue Filson, Administrative Assi Board of County Commissioners Immokalee Enterprise Zone Development Agency As you know, we currently have I vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Herman Spooner 1010 Monroe Avenue Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi'amc, and I will prepare aa executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Ho MAR2 1998 SPOONER INSURANCE AGENCY, INCI 806 NORTIt ISTIt STREET IblMOKALEE, FL 34142-2808 Phone: 941.-657-2569 941-65%3032 MEMO SPOO-IA OP 02/11/)8 Page I BOARD OF COLLIER CO COMM. ATT SUE FII.SON 3301 EAST TAML42d'I TRAIL NAPLES, FL 34112 4977 DEAR MS FILS ON Re: EZDA REAPPOIRTEOgNT, MY TERM ON THE ABOVE ADVISORY BOA.RD EXPIRES ON APRIL 4, 1998 AND I WISH TO BE REAPPOINTED TO SERVE ON THIS COMMITTEE. I WAS APPOINTED IN 1997 TO FILL A VACAaNCY CREATED BY A M]gl4BER WHO RESIGNED. I F.A%~ OWNED AND M3~AGED SPOONER INSURANCE SINCE I FORMED THE AGENCY IN 1969 HERE IN iM!~OKALEE. I HAVE BEEN A RESIDENT OF COLLIER COUNTY FOR OVER 50 YEARS AND FEEL THAT MY KNOWLEDGE OF THIS A_REA AND IT'S UNIQUE MAKEUP MJkY A/)D TO THE ~JNCTIONS OF THE COMMITTEE. OF YOU HAVE ANY QUESTIONS OR NEED FURTHER INFORMATION PLEASE FEEL FREE TO LET ME KNOW. MY HOME ?DDRESS IS 1010 MONROE AVE, IMMOKALEE, FLORIDA 34142 MY BUSINESS IS 806 NORTH 15TH STREET IMMOKALEE, FLORIDA 34142 OFFICE PHONE IS 941 657 2569 FJLX 941 657 3082 SINCERELY, ITEI~ SPOONER ?, FI.AR 2 1998 OBJECTIVE: To appoint 2 members to serve 4 year ten'ns expiring on August 3, 2001, on the Collier County Housing Finance Authority. CONSIDERATIONS: The Housing Finance Authority has 2 vacancies. This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Claapter 159, Part IV, of the Florida Statutes as a governmental body authoriz~ to issue tax ex~mpt bonds. Not less than a majority of the members shall be knowledgeable in one of the following rields; labor, finance or commerce. Members are subject to filing a Form I Financial Disclosu~ Statement annually vAth the Supervisor of Elections Office. Terms are 4 y~xs. A list of the current membership is included in the backup. The terms for John T. Comroy, Jr. and William J. Reagan expired on August 3, 1997. A press release was issued and resumes were received from the following :5 interested citizens: APPLICANT John T. Conroy (re-appt.) 3255 North Tamiami Trail Naples, FL 34103 Thomas M. Palmer 5811 Pelican Bay Boulevard, Suite 102 Naples, FL 34108 Fred N. Thomas, Jr. 1802 Farm Worker Way Immokalee, FL 34142 Richard Buckingham 5890 22nd Avenue, S.W. Naples, FL 341 !6 Mark L. Lindner 2206 Majestic Court Naples, FL 34110 COMMITrEE RECO~MMENDATION: requesting r~-appointment. FISCAL INIPACr: NONE ..G_l~OW'rH MANAGEMENT IMPACT: NONE Thomas M. Palmer and John T. Coaroy is AGEND, 1698 ~COMtY[ENDATION: That the Board of Cotmty Commissioners consider thc recotmmendation for appointment and appoint 2 members to serve 4 year terms and direct the County Attorney to prepar~ a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: lVlARCH 24, 1998 AGE.DA. I~o .~ HAR2~ ~J8 Pg. -,~ RECEIVED HOUSING F1NANCE AUTHORI2~ OF COIJ, I£R COUN'~.~rd 3255 NO~ T~H ~ ' N~S, F~DA 33940 PHONE: (813.) 2gl.3400 March 13, t99~ Collier County Board of County Commissioners Collier County Courthouse 3301 Tamiami Trail Naples, FL 34112 By Fax: 774-3602 Ladies and Gentlemen: As you arc aware, there are two seats on the Collier County Housing Finance Authority that are vacant. Au ,'Mr. BLII Rcgan resigned due to having taken a position with a municipal bond underwriting firm, producing a potential conflict of hater~t. Hence, there ~s one member seat vacant. The Authority has been pro-active in searching out a potential replacement for Mr. Regan, who has the combination of tmimpeachahle ethical judgment, financial mphisficafion and orientation towards totally uncompensated community ~w'iee that this position requires. Mr. Thomas M. Palmer, currently manager of the Robert W. Baird & Co. office in Pelican Bay, has agreed to serve, and the Authority unanimously ~ tim he be appointed. My seat is officially vacant, but I have been serving until eiflaer you choose to replace or reappoint me. I have been a member of the authority.~ince iQ inception in the late '70s, and have been chair since al>out 1980, when Ihad lots of blat& curly hair. I have l~,'ovided you with my resume!, and would be pleased to continue serviug the county in my present capacity. It h my belief tha~ the Authority members desh-e my reappointment, uhough I have not actually polled them. ~tl~ea~ you . your participation i.u the task of providing a supply of reasonably-priced housing in )hn T. CoaroY, Jr., Chaxr ~' - ' - AGENI:IA ITEH No., ./~ O' HAR 2 1998 Housing Finance Authority ~¥ame Gary. D. Lind 4001 Tamia.mJ Trail North Naples, FL 34103 District: Category: Work Phone /lppt'd Home Phone DateRe-appt 262-8800 03/21/95 Exp. Date Term 2nd~pDate 2nd Term 03/21/99 4 Years Dawn Litchfield 3033 Riviera Drive, Suite 104 Naples, FL 34103 District: Category: 261-4800 02/05/91 3114/95 12/02/94 12/02/98 William I. Reagan 792 Broad Avenue South Naples, FL 34102 Dbtrict: Category: 649-6077 9/13/94 08/03/97 Charles A. Dauray, Jr. 2280 14th Street, North Naples, FL 34103 District: Category: 08/05/80 649-0090 11/7/95 05/04/84 08/05/99 .John T. Con. roy, .~r. 3255 North Tamiami Trail Naples, FL 34103 District: Category: 261-3400 08/05/80 9/13/94 08/01/81 08/03/97 4 Year~ 4 Yea~ 4 Year~ 3 Yeara 4 Yea~ 1 Year 4 Years AGE ND/L,I:r.,,EH No HAg 2ti 199 Housing Finance Authority I~'orlt Phone Append Exp. Date Term ~Vame [~omt Phone DateRe-appt 2ndExpDate 2nd ~t~ ~is 5 member au~od~ ~s creat~ ~ ~un~ O~inan~ No. 8~ on Ju~ 29. 1980. ~uant to Chspter 159, Pa~ IV, Florida Statutes as a govemmen~l ~ a~ ~ ~ue ~ ~empt bonds. Not less ~an a majod~ of ~e membem sh~l ~ ~geab~ ~ one of ~e ~ll~g fields; la~r, finance, or commer~. Membem am sub~ ~ ~ng a F~ 1 Rnandal D~l~um S~tement annual~ wi~ ~e Supe~iser of El~ons Offi~. Te~s am 4 y~m. FL STAT: ! 59 Staff: Attorney Don Pick'wed, h: 591-2700 NO. /! / · HAR 2 1998 ]~n C. Norris O~ct 1 T~n',ot~y L. Han,:.c;.c'~ AICP Oi~..ricZ 2 T~rr~thy I. Constantine Di.~c~ 3 Pamela S. Mae'IGc Oisz.4~ 4 B,i. rl:~ B. Berry Ois~ict S 3301 Eas~ Tarnlami Tr~l · Naples, FIoHd~ 34112-4977 (9411 774-8097 · Fax (941) 774-3602 D¢cem~r l 9, 1997 Donald A. Pick'worth 5811 Pelican Bay Blvd., Suite 210 Naples,, FL 34108 Dear Mr. Pick~,onh: As vou know, we currently have 2 vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have enclosed the resumes received for your review as follows: John T. Coaroy 3255 North Tam.ia_mi Trail Naples, FL 34103 Tom PaLmer q' <~ -.5"/ 5811 Pelican Bay Boulevard, Suite 102 Naples, FL 34108 Fred N. Thomas, Jr. 1802 Farm Worker Way Immokalee, FL 34142 Richard Buckingham 5890 22nd Avenue, S.W. Naples, FL 34116 Mark L. Lindner 2206 Maje~c Court Naples, FL 34110 '3 Plea.se let me lmow, in writing, the recommendation for appointment of the council, and I will prepare aa executive summary for the Board's consideration- If you have any questions, please call me at 774-8097. NO. 1998 Donald A. Pick'worth December 19, 199'7 Page Two Thank you for your attention to this matter. Very truly yours,. Sue Filsoa, A~Imlni_~:trative ~t Boa~xi of County Commi-~'ioners SF Enclosures Iq,AR 2 ~ 1998 Pg" ,7 ' John T. Conroy, Jr. CCIM Wood/l'PC Commercial Department John R. Wood, Inc., Realtors 3255 Tamiami Trail North Naples, FL 34103 Phone: (941) 261-3400 Fax:(941) 261-5361 RECEIVED 0£C ~r~ of ~ount? C~mmiss~ener~ December 16, 1997 Honorable Tim Hancock Chairman, Board of Collier County. Commissioners County Courthouse Naples, FL Dear Mr. Hancock: Re' Collier County Housing Finance Authority Since 1982, I have served as Chair of the above Authority. My current term has apparently expired, and I would be pleased to serve another term on the Authority. My resum~ is attached, for your information. I would also like to recommend Mr. Tom Palmer as a replacement for Mr. Bill Regan, who had to resign due to what might be construed as a conflict of interest. Mr. Palmer is probably well known to you and the other commissioners, having been a leader in Southwest Florida financial circles for many years. Mr. Palmer will bring to the Authority that combination ofexperience, knowledge mad personal integrity that is essential to achieve our goal of providing financing for moderately priced housing in the County. Tha~~o u/f ~r your~.s,~ s~ I Oha~irT. Con.roy, Jr. CCIM "' POSITION John T. Com'oy, Ir., CClM Wood/IPC Commercial Department 3255 North Tamiami Trail Naples, Florida 339,$0 Senior Vice President, John R. Wood & Associates President, Investment Properties Corporation John R. Wood & Associates was founded in 1958. The Wood/IPC Commercial Department is the product of the merging of the business and personnel of Investment Properties Corporation (founded in 1976 by John T. Conroy, Jr.) and John R. Wood & Associates. The functions of Wood/IPC Commercial Department are: Commercial/Investment Real Estate Brokerage Office leasing · Retail leasing · Industrial leasing Income property acquisition and disposition Development Services · Shopping centers Office parks and buildings Industrial parks and buildings Subdivisions Affiliate Finns are: Wood Property Management, Inc. (Merged survivor of Naples Property Management, Inc., founded by lohn T. Conroy, Jr. in 1982) Investment Properties Corporation remains as the Consulting and teaching vehicle for John T. Com'oy, Jr. AGENO/) ._I TnEH NO o.~..~--J-.-~ HAR 2 1998 Pg. John T. Conroy, Jr. CCLM Resume, Page Two EDUCATION SCHOLARSHIP~ University of Notre Dame, 1959 BBA, with Major in Mathematics Fordham University, 1961 MA in Philosophy Fordham University, 1961-62 Doctoral Studies Fred B. Snite Full Scholarship to Notre Dame, 1955 Cardinal Stritch Full Scholarship, 1955 J'unior Achievement Scholarship, $1,000.00, 195:5 Woodrow Wilson National Fellowship, 19:59 1961-63 Philosophy Instructor, rona College 1963-1969 General Contractor, Naples 22 Condominium Projects as General Contractor 2 Hotels as General Contractor 2 Retail strip centers 2 Churches 3 Office buildings 9 Miscellaneous structures 1969-1970 Realtor Associate, Downing-Frye 3 Land Syndications, $2,000,000 1 Commercial building development, $500.000 1970-1976 Vice President, Naples Southern Realty, Inc. 3 Condominium projects 1 Subdivision project Participated in supervision of 22 Associates 1976 - Present President, Investment Properties Corp. 1993 - Present-Senior Vice-President, .l'olm R. Wood, Inc.,Realtors AGE No, John T. Conroy, Jr. CC[vi Resum& Page Three DEVELOPMENT EXPERIENCE Thc Legal Centre A commercial condominium conversion; 1976 -$1,200,000 Aqualane Terrace Office building, syndication; 1976 - $600,000 Lakeview Terrace Retail building, syndication; 1977 - $350,000 The Fairfield Apartments 24 Unit condominium conversion; 1979 - $1,440,000 First National Bank Building Office building; 1980 - $650,000 Lakewood Plaza Neighborhood shopping center; 1981 - $1,000,000 The Commons I Office buildings; 1982 - $3,250,000 Downtown Mini-Storage Mini-storage facility; 1982 - S2,500.000 The Home Design Center Shopping center/syndication; 1984 - $1.550.000 Northgate Village 54 unit cluster home development; 1985 - project~ Collier County Production Par~ Industrial Park, 83 acres; 1984-1987 The Home Design Center-II Neighborhood shopping center;. 1986 - $3200,000 Patriot Square Neighborhood shopping center, 1987 Standard Brands Plaza Neighborhood shopping center, 1988 - $1,800.00~ A~'~'NOA IT£M ~o. ,/0 C' ~_ The Commons m Omce buU~g; 1988 - S2,400,000 MAR 2 t~ 1998 .... Pg' ./~/ , John T. Conroy, .ir. CCLM Resum& Page Four PROFESSIONAL ORGANIZATIONS The Commons V Medical office building; 1989 - S5,000,000 Standard Brands Plaza-II Retail shopping center, 1990 - 54,600,000 Estey Air Plaza Shopping center, 1990 - $1,500,000 Estey Air Plaza Phase II Shopping Center. 1996-$2,300,000 BROKERAGE EXPERII~NCl::~ Between 1976 and 1993, Investment Properties Corporation listed, leased. and sold every type of commercial and investment real estate, including: Raw acreage (sale) Hotel sites (sale) Apartment sites (sale) Fast food and restaurant sites (sale and lease) Office buildings (sale and lease) Shopping centers (sale and lease) Industrial buildings (sale and lease) Warehouses (sale and lease) Wood/IPC Commemial Division continues the foregoing, handling approximately $90 million in transactions per year. Commercial-Investment Real Estate lnstimm (the subdivision of the National Association of Realtors -dedicated to commercial and investment real estate) Certi fled Commercial.Investment Member 1978-1996, Senior Instructor in CCIM courses 1985 Designated Courses Committee Chairman CIREI Councillor since 1982 1985 State CCI/VI Chapter President 1990 CI-105 Senior Instructor of the Year 1990-1991, Education Long-Range Planning Committee, Chairman 1994-96 CIREI Education Foundation Naples Area Board of Realtor~ · Realtor of the Year, 1979 · Board President, 1981 · Restmcmdmg Task Force, 1994-1996 AGENDA I..TEM .o. lOC'. HAR 2 1998 .iohn T. Conroy, .Ir. CCIM Resumd, Page Five Collier Coun _ty Contractors Association President, 1966 COMMUNITY .ORGANIZATIONS Naples Area Chamber of Commerg{ President, 1979 Chairman, Political Action Committee, 1981 United Funcl . Director, 1976-1981 Community_ Concert · Director, 1981-1986 Collier County Housing Finance Authori _ty Vice-Chairman, 1979-1981 Chairman, 1982 - Present Collier County_ Mental Health Assoq:iadgrl · Director, 1980 Southwest Florida Mental Health District Board - Director, 1981 Collier County_ Road Bond Issue Committee Chairman, 1979 Regional/Urban Desi_tm Assistance Team of the American Institute of Architects, Land Use Economic Development Task Force Chairman, Economic Development Task Force, 1987 Central Naples Parking Committee · Member, 1988, 1989 Collier Beach Preservation Socie .ty · Director, 1987- 1992 The Notre Dame Club of Southwest Florida President, 1990 & 1991 Collier Cultural and Educational Center. In~, Trustee, 1991 - Pre~nt AGE~ No, (. .~tJl:n i. t.-onroy, Jr. CCIM Resum& Page Six Collier Beach Preservation Societ7 Director, 1987- 1992 The Notre Dame Club of Southwest Florida_ President, 1990, 1991 & 1997 Collier Cultural and Educational Center. Inc, Trustee, 1991. 1994 Affordable Housing Task For,;:._-- Member, 1991 - Present Redevelopment Task Force - Ci_ty of Naple,~ Vice Chairman, 1992-93 Edison Communi~ College Endowment Committee - Director, 1992-94 Collier Campus Development Committee - Member, 1992-94 Collier Athletic Cl~:b__ President. 1992 Communiw Redevelopment Agency Advisory_ Member. 1993-1994 lr/a at' '' u' Member. 1992-95 Chairman, 1996 TEACHING Iona Colleg~, 1961-63, Philo~phy Edison Community College,, part-time, Philosophy, 1967-1977 Barry_ UniversiB~, part-time, Philosophy, 198%1991 Commercial Investment Real Estate Institute. Senior Instructor. I978-Present OUTSIDE 72;NDIeATION_ Federated Investoi~ (a family of mutual funds), Pittsburgh, Penmylvania. having over $10.5 Billion under management or administration, as of.Ianuary I, 1997) Partnership Properties Corporation was a wholly owned Broker/Dealership licensed by thc State of Florida and a member of tim National Association of Securities Dealers from 1982 to 1991, handling th~ underwriting ofreal eatat~ syndications. Partnership Properties Corporation personnel created shopping center group investments. Syndication limi by the parent organization between 1982 and 1991. HAR :2 zi f998 Pg. December 18, 1997 Mr. Tim Hancock Chairman Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 ;c~r,~ '~t' Coun~:, .~,o~iss f~ne~,' Dear Mr. Hancock I welcome the opportunity to respond to the opening on the board of the Collier County Housing Finance Authority. I have attached my Resume. Since 1991 ! have been the Resident Manager of the Robert W. Baird & Co. Inc. office located in Pelican Bay. We are a full service investment firm, headquartered in Milwaukee, Wisconsin, Over the past 23 years I have been exposed to a variety of lending and investment situations involving real estate. The last 14 years I have been a resident of Collier County. I welcome any questions you might have about my credentials. Feel free to contact me at work during the days at 566 - 2300. I thank you in advance for your consideration. Sincerely, eh: Resume AG! No. 12_/91 - Present 12/88 - 1 2/91 6/85 - 12/88 3/83 - 6/85 6/81 - 3/83 2/80 - 6/81 6/78 - 2/80 Thomas M. Palmer Resident Manaqer Robert W. Baird & Co., Inc. A full service investment firm (office in Pelican Bay. Staff of 16.) Added a series 65 license in 1997. Manaqer -- Southeast Bank Brokerage Services, Inc. Staff of three; series 7 and 63 license. Covering Lee and Collier County. City Executive -- Naples; Responsible for a three branch operation; 39 employees; $80 Million in Deposits; $45 Million in loans. Senior Lendinq Officer -- Lee and Collier County Responsible for all lending activities in Collier County. Staff of six officers and four non-officers. Also acted as Credit Administration Officer on commercial and real estate loans in Lee County (Combined loan portfolio size $90MM). Turned around problem portfolio. Vice President/Manager -- Credit Review Managed the activities of eight first and second level officers in planning, executing and writing credit reviews. These reviews covered a wide vadety of commercial and specialty lending areas. Preparation and delivery of summary reports and recommendations to senior management was integral part of this position. Vice President/Manaqer -- Government and Financial Institutions. Managed all correspondent banking activities related to a group of 200 commercials banks, 45 savings and loan associations, 11 credit unions and 14 municipal entities. Staff of seven people. Additional responsibilities afforded me the opportunity to negotiate and structure tax free municipal loan requests, successfully accomplished up to $30 Million. Assistant Vice President/Account Office.r - Florida Department Pdmary responsibir~y was soliciting and servicing banking relationships with companies based in Florida. Also worked with affiliate banks in developing loan participation 1 a reements. 1~5-6~8 4~4-1~5 Education: Former Activities · (Miami, Florida) Activities: (Naples, Florida) Assistant Vice President/Account Officer -- Metropolitan Group II Responsible for developing maximum profit potential from 41 deposit relationships which generated $23 Million in loan commitments and $23 Million in total deposits, The group included Non-Conforming Real Estate and General Corporate Lending. Attended Corporate Lending Training Program. Masters in Business Administratio_n - 1980 Florida international University Bachelors in Business Administration. -- 1974 Florida Atlantic University Supplementary Education · Advanced Commercial Lending School University of Virginia -- 1982 · Municipal Lending Seminars (2) Securities Industry Association (New York) -- 1980 · Term Lending School Chemical Bank- 1976 Director and Educational Chairman - Commercial Loan Officers Association of Dado County Instructor (American Bankers Association/Miami Dado Community College) Analyzing Financial Statements. Sunrise Academy - Officer and Member of Board of Directors (school for children with leaming disabilities) Career and College Counseling Center- Involved in fundraising activities. Chamber of Commerce - Committee work Director of the Forum Club of Southwest Florida. Director of YMCA Endowment Board. nl AGENDA :[TEN Past Director and President of Pelican Bay Busi Association. HAR 2 1998 SEN'[ BY:CC HOU$[N~ AUTHORITY CCt'IA-, 11~3602;# 2 17, 1997 Timothy L, ~ck ~ ,' Board of County Co ..... ;-,~done'rs CoIli~r County Gov~un:~nt Cent~ '3301 East Tamiami Trail Naples, Fl~rkta 34112 It has bc~n brought to ~ attention ~ you hav~ two vacandes on the Col,_~. Coumy's Homing Finax~ Authority Board. B~w. ause of my broad background in sff'ordable housing I. feel I can adequately serve th~ county as s member of ~ board. To fac~ate your revi~v of m~ candid, attaclzd please find a copy ofm~. r~nme. you for ~ rne anoth~ op~rtu~F to serv~ you. Fred N. Thom~, ,Ir., PHM Exec,,E~ Dir~or ~t DEOKEE: B~Mim. of Arta NORFOLK STATE COLLF, G£ - Norfolk. VA $~uary, 1964 m ~{~/, I~7 HOWA1U~ UlClV~ITY. Septga:nl:m, 1957 to F~mmry, 1960 SPECIAL PROGRA.M~ 19'74 - ~, 1~;';'; ~ ~ ~ tho £yu2~llh Ho~- July, 1~9 . Sspumba', Ig74: ~ t~ H~ A~-~v_. 1969. Sqxnnber, 1974: FJaki ~ Sa~w'bor for Orta,,.,a $..~m,~,~.., June, 1967 - Ju~y, I~g:. Truant Rdatfom Advbor -Nor~o~ 1~ ~4~_ and CIVIC ~ PROFF**.qSIO~AL ACTIVITrr-~ 1993 In~l~ Ro~a~ Mamb~ 1987 * Prue~ Pruida~ 1997- 19gl ~ 1987- 1998 ]3oe.d of Dbecmn ofTrnm,,~ _~_ (~,~t~. of Comma'~ Pl~kb~ 1994.1~ Fm~kkm FAI~O Stat Lqbim~ ehirnm I~. Pres~ 199S. 1996 1994. 199~ !g92- 1997 1919 Board ~C~ Trmm Nafloml ~ ~ ~ 1967 - Prma~ 1977-1950 I0/79-19S3 10'79 - ! I~0 1979 - 10/10 AGENDyJ,.,.I~EM NO.~ HAR 2 1998 1967.Pra~ 1970.1972 1972- Ig33 1973.197S crv'tc ,ua) ~toF~.~ A~ - Ons~d 1973 - 1~0- Prmnt l~,0. 1956 197S - 1974 - 1976 1973 - 1974 19~- 1997 I~2- 199~ I~1 - Prem~ 1991 - Prus~ 1991 - Pment 1991 - Prm~ 1992. Prumnt 1991 1919 - 1990 1991 1~9- Prss~ NAACP. coni~r C~ F.,~-.utt, m ~ 1~6'7- t976 l~6-Pmm~ [~R 2 ~ 1998 HOUSING AUTHORITY ;12-17-g? (:;(;HA", ??43602;# PAG~ 4 ~c= Natica~ Dh~oe ofV'~=h ~aT~aa 1~1 - 1~ 1~- lJg~ 19I~- I~ 1972- lJq3 Ig'~2- 1974 lJ~/2- 1974 1972. 1974 1969 1971 1972 1972 1972 FIAR 2 ~ ~J8 From the dc_~k of: Richard Buckingham D.O.B. Oct 12, 1935 RESIDENCE: 5890 22nd Ave S.W. Naples Fi. 34116 TELEPHONE: 353-5382 EDUCATION 1) 12th Grade Degree. Greenwood H.S. Ne. 2) 2 Years College, University of Nebraska Omaha. WORK HISTORY 1) 2) 3 Years 3 months U.S. Marine Corp. Honorable discharge, Sergeant, 1957 In 1959 I accepted a accounting position at the V.A. Medical Center in Omaha, Ne. 3) Dec. of 1990, I retired after 35 years of federal civil service as, Chief Financial Administrator of the V.A. Medical Center in K.C. Missouri. With responsibility of formulating, executing and controlling a budget in excess of 65 million dollars. As the medical center finance officer, I supervised both the Accounting Dept. and Payroll Dept. of more than 1,500 Medical Center employees. If you are interested, you may reach me at the address and telephone listed above. ..~nce~el~.",~ / ~,~ NoA~ENDA~ITEM MAR 2 1998 12-19-199'7 3: 07Pt4 F'ROH P. 1 NAPLES REALTY SERvIC_,~. Sue Filson Collier County G-o¥~nment Cente~ 3301 Tami~n{ Trail ~ Naples, Florida De~r Ms. Fils~n: December 19, 1597 Please accept this communication and the ._~sched professio~al biography ~s ~ expression of my intcres~ in servins on t~c Housing Finance Arnica. Thank you. Mark L. Lind.ncr AGENDA ITEM NO.~ HAR 2 ~ 1998 Pg · .--~..~ l~rk L. Lindner 2206 Majestic Cour~ ~aples, Florida 33942 Mark Lindner received his undergTaduate degree An Health Care Management from the Medical College of virginia in 1976 and a Master of Science from Drexel University in Philadelphia in 1985. He holds 'numerous certificates of continuing education from various organizations throughout the country. From 1974 tO 1989, Mr. Lindner developed and operated nursing homes, adult daycare centers, retirement centers and specialized units for severely disabled perGons. His experience includes Planning and Development, Contract Negotiations, Marketing, Labor Management and General Administration. The former Regional Director for Philadelphia's Morton Development Corporation and Vice President of Adult Care Facilities, Inc. of Deerfield Beach, Florida, Mr. Lindner's administrative exl~erience is extensive. With Morton Development Corporation, he participated in the development and operation of five nursing homes, several apartment complexes, two retirement centers and one specialized center for the disabled in the greater Philadelphia area. With Adult Care Facilities, Mr. Lindner developed and operated three Adult Congregate Care Centers and one freestanding Adult Day Care Facility in Palm Beach and Broward Counties (Florida). As Vice President of Praxis of Deerfield Beach, he is c~rrently a principal in the development of a large affordable housing project for low income elderly. Mar~ Lindner As licensed in real estate sales and ~unct~ons ~s_ a ~onsultant in .business development for · ~ · development of affordable housing._ .M~.. L~ndne~. also represents th~ interests of severa~ land crust sFnaxcations in the formation process and in the related sale of large tracts of trust-held properties in Southwest Florida. He is a member of the $out-h~est Flortda Chapter of the Real Estate Investment Society, Florida Association of Realtors and the Collier County Affordable Mousing Commission. AGEND~A.,.~ - No. EXECUTIVE SUMMARY PETITION PUD-87-14(2), ALAN D. REYNOLDS, AICP OF WILSON, M~!-_b'R, BARTON & PEEK, INC. REQUESTING AN AMENDMENT TO ORDINANCE NO. 92-23, AS AME2qDED, FOR. THE PUKPOSE OF INCREASING THE ALrI'HO~ GROSS FLOOR AREA FROM 65,0,00 SQ. FT. TO 72,000 SQ. FT. IN THE WILSON PROFESSIONAL CENTER PUD, LOCATED ON THE SOUTHWEST COKNER OF AIRPORT-P~INO ROAD AND B~.rLRy I,AND, IN SECTION 23, TOWNSHIP 49 SOUTI~ RANGE 25 EAST, COIX,,tI~ CO~, FLORIDA, CONT~G 7.8 ACRES, MORE OR OB,IF, C'IIVE: This ptnition see. ks to amend the Wilson Professional Center PUD for the purpos~ of h'greasing the authorized amoun: of gross floor area. CONSIDERATIONS: The property is located at the southwest comer of Airport Road and Bailey Lane consisting of 7.8 acres more or less. The applicant is requesting to increase the square footage of the Wilson Professional Center by 7,000 square feet from 65,000 square feet to 72,000 square feet. No other change is necessary for the amendment since the PUD already permits two buildings. The existing Wilson lgruller building is approximately 60,000 square feet leaving $,000 square feet for the new building. The additional 7,000 square feet will allow a more functional 12,000 square foot building to be construo~:! on the remaining properly at the Center. The building will comply with all the setbacks, parking and other standard~ in the existing PUD. The n~w building will l~ve a common arehitectxtral theane with the Wilson Miller Building in accordance with Section 4.3.8 of the PUD. Relative to intensity of use guidelines for eommerdfl development there is no GMP or Code requirement. However, a rule of thumb standard h~ been applied on many ~ ~ development to 10,000 square feet of gross floor area for each ~ of ~ desigr~ted ~ wiuYn a PUD. The total site area for the Wilson Professional Cem~ PUD is 7.g acres. Utilizing this rule of thumb policy would have resulted in a gross floor area of Tg,000 square fee. This petition seeks to expand the authorized amount of floor area to 72,000 square feet, appreciably below the rule of thumb standard. This amendment does nothing to change ~uthofized l~d uses, devel~ standards, commitments and importantly kndscape buffer requiremems. When the PUD was last ~z'oved sped~ ~ttention was paid to the south property line relationship with a residential conam~ty and · ~ix (6) foot wood ~ fence was required within a natural vegetation preserve. In any event an analysi~ ~ ~dl~ development plans shows that no construction could occur along the south or west mos: likely additional building space will occur near the comer of Airport Road and Balldt Lane. development plans shows that no construction could oeear along the south or west property lines and most likely additional buildit~g ~aee will occur near the comer of Airport Road and Bailey Lane. The Collier County Planning Commission heard this petition on February 19, 1998. They unanimously recommended approval. No person ~poke or otherwise communicated any objection to approval of this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this anaendment achieves its objective, the land will be developed. The mm fact that new development has been approved will result in a future fiscal impact on County public facilitiea. The County coIlecta impact fees prior to the issuance of building permits to help off-~'t the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilitiea. In the event that impact fee collections are Lnadequate to maintain adopted levels of service, the County must pro?ide supplemental funds fi'om other revenue sources in order to build needed facilifiea. GROWTH M ~NAGEMENT IMPACT: Land use, and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting fi.om the adoption of this amendment. 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 lo~ated 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 amendment to the Wilson Professional Center PUD as described by the draft reference made a part of this report. recommend approval of Petition PUD-g7-14(2) for an 2 CHIEF PLANNER REVIEWED BY: VL~CENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-87-14(2) EX SUMMARY/md 3 AGENDA ITE~ TO: FROM: DATE: JANUARY 30, 1998 RE: OWNER/AGENT: Owner/Agent: MEMORANDUM PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION PETITION NO: PUD-S7-14(3) Mr. Allan D. Reynolds, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 REOU~STED ACTION: This petition seeks to amend the Wilson Professional Center PUD for the purpose of increasing the authorized amount of gross floor area. GEOGRAPHIC LOCATION: The property is located at the southwest comer of Airport Road and Bailey Lane consisting of 7.8 acres more or less (see location map following page). PURpOSE/DESCRIpTION OF AMENDMENT: The applicant is requesting to increase the square footage of the Wilson Professional Center by 7,000 square feet from 65,000 square feet to 72,000 square feet. No other change is necessary for the amendment since the PUD already permits two buildings. The existing Wilson Miller building is approximately 60,000 square feet leaving 5,000 square feet for the new building. The additional 7,000 square feet will allow a more functional 12,000 square foot building to be constructed on the remaining property at the Center. The building will comply with all the setbacks, paddng and other standards 'in the existing PUD. The new building will have a common architectural theme with the Wilson Miller Building in accordance with Section 4.3.8) of the PUD. MAR 2 & 1998 I SURROUNDING LAND USE AND ZONING: Intensifying the amount of office development by 7,000 square feet should have no discernible impact on adjacent land uses. Bailey Lane provides access to an existing and expanding residential community. Contiguous land use relationships include a church along its west botmdary and the rear ofresidential lots fronting on Poinciana Drive along its south boundary. Oppo~te the property on the north side of Bailey Lane I/es a medical office building and undeveloped agriculturally zoned land. The Wilson Professional Center PUD only allows general offices and medical offices. No retail or service type uses are allowed. Currently an office complex of about 60,000 square feet occupies the site. GROWTH MANAGEMENT PLAN CONSISTENCY: The type of amendment reflected by this petition has Management Plan. no effect on provisions of the Growth HISTORIC/ARCHAEOLOGICAL IMPACT: Stall's analysis indicates thai the petitioner's property is localed outs/dc m area of historical stat archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTA_._~ON AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff', and the Transportation Services Division s~aff. This petition was administratively reviewed on behalf of the EAB and stuff recommended approval subject to conditions which have been incorporated into the amending Ordinance. ANALYSIS: The PUD Master Plan does not illustrate a site plan of development, therefore, we need not concern ourselves with a revision to a foot print design plan. This is relevant because there can be no departure from a predetermined layout of buildings which may have caused an expectation on the part of neighboring property owners. The PUD specifically addresses the opportunity to have two buildings on the there is one building with approximately 60,000 square feet of floor area, and an occupied by ~he Wilson, Miller, Barton & Peek engineering firm for vehicles and equipment related to the firms work. Relative to intensity of usc guidelines for commercial development there is no G~ or Code requirement. However, a rule of thumb standard has been applied on many occasion~ limiting development to 10,000 square fee~ of gross floor area for each acre of commercially designated land within a PUD. The total site area for the Wilson Professional Center PUD is '7.8 acres. Utilizing this rule of thumb policy would have resulted in a gross floor area of 78,000 square feet. This petition seeks to expand the authorized amount of floor area to 72,000 square feet, appreciably below the rule of thumb standard. This amendment does nothing to change authorized land uses, development standards, commitments and importantly landscape buffer requirements. When the PUD was last approved special attention was paid to the south property line relationship with a residential community and a six (6) foot wood crete fence was required within a natural vegetation preserve. In any event an analysis ofthe existing development plans shows that no consU'uction could occtzr along the south or west property lines and most likely additional building space will occur near the comer of Airpon Road and Bailey Lane. Relative to the impact additional commercial area will have on traffic policies it should be noted that the proposed amendment will increase the site generated trips by at~roximately 200 trips per weekday over the amount approved when the property was zoned PUD. Therefore, this amendment will not exceed the significance test (5% of the LOS "C" design capacity) on Airport Pulling Road (CR-31) within the project's radius of development influence CRDI). As a result, this petition is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists CR-31 as a 6 lane road fronting the project. The current traffic count for this segment is 41,177 AADT which results in a LOS "B" operation. It should be noted that the level ofservice on this segment is not projected to fall below it's adopted LOS "E" standard within the next five years. As a result, no road improvements to this segment is required in order to meet concurrency requirements. Since this petition will not lower the level of service, it complies with Policies 1.3 and 1.4 of the TCE. The Bailey Lane interface with Airport road provides for left turn movements onto Bailey Lane from Airport Road. and a right turn deceleration lane from Airport Road. Bailey Lane itself, has a divided roadway interconnection with Airport Road to facilitate the movement of automobiles to and from the Wilson Professional Center. A fair share proportion of the improvement costs was borne by Wilson, Miller, Barton & Peek for improvements on both Airport Road and Bailey Lane. STAFF RECOSIFIENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-87-14(3) for an amendment to the Wilson Professional Center PUD as described by the draft an reference made a pan ofthis report. ~endi ' ._~ARED B%~,~ RONALD F. NIFO, AICP CHIEF PLANNER REVIEWED BY: R45BEl~T ]. MULHERE, AICP CURRENT PLANNING MANAGER D'OI~,D W. ARNOLD, AICP P~~G SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-87-14(3) Staff Report for February 19, 1998 CCPC meeting. DAT~ DAT~ DATE DATE COLLIER COUNTY PLANN/e.~COMMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-87-14(3) STAFF REPORT/md 4 PETITION NUMBER DATE APPLICATION FOR PUBLIC ltEARING FOR PUD ~MENT/DO AMENDMEKr COMMUNITY DEVEIi)PMEKr DIV~ON PLANNING SERVICES N~r~ of AppI/cant(s) Wilson ~HII~ ~r~ & Peek Zip 114105 City Naples State FL Applicant's Telephone Number: 941-649-4040 Is the applicant the owner of Cbe subject property? × Yes (a) If applicant is a land trust, so indicate and mum bemfidariea below. .',-. v:D .. x Cb) 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 panna'flfip or od~r business entity, so L,',dicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and li~ all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual own~ if not indicated on the lease. (f) If applicant is a contract purchaser, amch copy of conwaa, and indicate acttal owner(s) name and address below. Please see Attachment 1 2. Name of Agent Alan D. Re_~Ids. AICP Firm Wilson. Miller. Barton & Peek. Inc. Agent's Mailing Address City , l%ples Agent's Telephone Number: 3200 Bailey Lane. Suite 200 State FL ¢941) 6494o40 -1- PUD Ordinance aad Number: ~ # 87-92 (Previously amended by Ordinance g'a 92-23 and 94-24 (Scrivene~ Error_~ Derailed legal de~'ription of the property covered by the application (if ~pace ia iruadequate, ay. ach on s¢gamte page; ff request invol,nn change ~ more than one zoning district, include separam legal description for propa~ involved in each distria; ff property is odd-shaped, submit five ($) copies of survey; I* to 400' scale). The applicant is ~spons~le for mpplyiag the con'e~ legal deac~fion. If questions cow. emir~g the legal description, an engineer's eex~cation shall be required. S aon 23 Township, Range Please see legal in the PUD document Address or location of subject property: 3200 Bail~ Lane. Naoles. FL Does property owner own contiguous complete legal description of entire contiguous property. on separate page.) No property ~o the ~bject prope~ If so, give (If apace is inadequate, attach Type of Amendment: X A. B. C. Does amendment comply with the comprehensive plan: If no, explain: PUD Document Language Amendmem PUD Master Plan Amendment Development Order ~ s_~guage Amendmem X Ye~ , No Has a public hearing been held on th~ property within the last year? If ~o, in whose name?_ No Petition Number: Date: -2- MAR Z 1998 10. Has any portion of the PUD be~n .... No ...... sold and/or dcvelol~? Ar~ any changes proposed for ihe ar~a sold and/or developed? describe. (Attach additional sheeis if necessary.) NO If yes, I, _~Mall_D. Reynolds . being first duly sworn, depose ~xi s~y that I am the ow~r of thc propcrty described herein axed which is the subject matter of the propo~l and other supplcmeutary matter attaclu~ to and made a part of this application, ~r~ hon~ and true to the best of my knowledl~e and belief. I mxlermtand this application ~ be compleu: and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regardiug this Pefifiou. -/ - Alan D. Reynolds, Pr~idcnt and CEO Signatum'ofXgent ~;-' '- Alan D. Reynolds, AICP STATE OF FLORIDA COUNTY OF COLLIER The for~ioing Application was sclmowl~ied befor~ me ~ [ ! day of ~)ffiC~AP~_~._ , as identification ~nd vd~o did (d~l not) take ~n oath. *3- Attnchment ! WII~ON MILLER BARTON & PEEK, INC. 1998 SENIOR CORPORATE OFFICERS Chairman of the Board President & CEO Executive Vice Presidem & COO Senior Vice President - Director of Survey Senior Vice President - Sarasota Office Manager Senior Vice President - Director of Environmental Senior Vice President Ft. Myers Office Manager Secretary / Treasurer & CFO Thom~ R. Peek Al~n D. Reynold~ Fermln A. Diaz $olm F.. Boutwdl Mi¢Imel A. Kennedy T'unothy P. Durham George O. Oibala Gary L. Dauca tiIAR 2 ,~ 1998' Pur~_ o~e of the Amendment Thc at~licant is requesting to ha'ease the ~tu~re footage of the W'fl~on Profe~/onal Center by 7,000 ~uare feet from 65,000 r, quam fee~ ~o 72,000 ~u~r~ f~'t. No other change i~ n~ce~try for the amendmc'nt since ~he PUD already permi~ two buildings. The ~ W'flmn Miller building is approxlm,~tely 60,000 squm'e fe~ leaving $,000 ~ feet for the ~ building. The adcl/tional 7,000 ~luar~ feet will allow a more ftmaional 12,000 ~u~e foot building to be construct~l on the remaining property ~t the Center. Th~ building will comply with ~11 the .setbacks, parking and otho' gandarch in the existing PUD. The new building will hav~ ~ common archltectuml theme with the Wilson Miller building i~ ~x)~ wi& Section. 4.3. 8) of the PUD. WILSON PROFESSIONAL CENTER PUD ORDINANCE #92-23 AND ORDINANCE 94-24 STRIKE THROUGH, UNDERLINED PUD PAGE 4-1 SECTION IV PERMITTED USES AND DEVELOPMENT STANDARDS The pux~oss of ~hie Section is to met forth the permitted uses and standards for development within Wilson Professional Center. 4.2 PERMITTED USES AND STRUCTURE~ No building or structure, or part thereof, shall be erected, altered, or used, or land or water umed, in whole or ~n par=, for other than the followingz 1) Permitted Principal Uses and Structurem= a) Of££ces and medical officem with a maximum of ~ ~ sq. ft., limited to two build/rigs, and subject to the following li~/tat£one= Emergency med£cal clinics are prohibited. Medical office uses are limited to a maximum occupancy of 17,396 sq. ft 2) a) Accessory uses and structures customarily associated withuses permitted in this district. b) Caretaker's residences in accordance wAth applicable County regulations. c) Essential services ae defined in the Collier County Land Development 4.3 DEVELOPMENT STANDARDS 1) Maximum Number of Parcel-= Two building parcels. 2) Minimum Setback re_=uArements for Principal Seru~tures~ a) Internal road easement or £ron~ yard : 4-1 Words ~M~l~._JA~d~rJ~l~d are addition.= ~rd. ~~ deleti~: CORRECTED PUD PAGE 4-1 SECTION IV PERMITTED USES AND DEVELOPMENT STANDARDS 4.1 4.2 4.3 The purpose of this Section is to set forth the permitted uses and standards for development within Wilson Professional Center. .PERMITTED_ USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in pert, for other than the followin~ 1) Permitted Principal Uses and Structures~ a) Offices and medical offices with a maximum of 72,000 sq. ft., limited to two buildings, and subject to the following limitations~ 1. Emergency medical clinics are prohibited. Medical office uses are limited to & maximum occupancy of 17,396 sq. ft 2) Permitted Accessor%F Uses and Structureel e) Accessory uses and structures customarily associated with uses permitted in this district. b) Caretaker's residences in accordance with applicable County regulations. c) Essential services as defined in the Collier County Land Development Code. DEVELOPMENT STAND~ 1) ~ax{mumNumber of Parcels~ Two buildin~ parcels. 2) ORDINANCF NO. 98- AN ORDINANCE AMENDING ORDINANCE 92-23, AS AMENDED, THE WILSON PROFESSIONAL CENTER ~LANNED UNIT DEVELOPMENT, BY PROVIDING FOR SECTION ONE, AMENDMENTS TO SUBSECTION 4.2.1. PERMITTED PRINCIPAL USES AND STRUCTURES OF SEL~fION 4.2, PERMITTED USES AND STRUCTURES OF SECTION IV, PERMITTED USES AND DEVELOPMENT STANDARDS; AND BY PROVIDING FOR AN EFFECT~E DATE. WHEREAS, on April 28, 1992, the Board of County Con~nissioners approved Ordinance Number 92-23, whic~ es~ablished the Wilson Professional Center Planned Uni~ Develo~men~ (PUD); and WHEREAS, Alan D. Reynolds, AICP of Wilson, Miller, Bar%on and Peek, Inc., petitioned the Board of County Co~mmissioners of Collier County, Florida to amend Ordinance Number 92-23, as sec forth below: NOW, THEREFORE BE IT ORDAINED, by the Board of County Co~mlissioners of Collier County, Florida: SECTION ONE: AMENDMENT TO SUBSECTION 4.2.1, PERMITTED PRINCIPAL USES AND STRUCTURES OF SECTION 4.2, PERMITTED USES AND STRUCTURES OF SECTION IV, PERMITTED USES AND DEVELOPMENT STANDARDS Subsection 4.2.1.a) of Section 4.1 Permitted Uses and S~ruc:ures Section IV, Permitted Uses and Development Standards of ~he Wilson Professicnal Center Planned Unit Development (Ordinance 92-33), is hereby amended to read as follows: 4.2.1 Permitted Principal Uses and Struc:ures: a. Offices and medical offlces with a maximum of ~:..,...A~^ 72~000 sq. ft., limited to =we buildings, and subject to the following limitations: 1. Emergency medical clinics are prohibited. 2. Medical office uses are limited to a maximum cccupancy of 17,396 sq. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY A~PTED by the Board of Coun:y Commissioners of Collier County, Florida, :his day of , 1998. ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEG~.L SUFFICIENCY: ~ ~o~ ~. STU~ -- ASSISTANT COUNTY ATTORNEY f/r~Xs~ Prof. Cen~ez ~D BOARD OF COUNTY COMMISSIONERS COLLIER COUNt, FLORID~ BY: ~AP~ARA B. BERRY, C~AXP~AN Words__~~ are deleted; words MAR 4 1998 E~XECUTIVE SUMMARY PETITION NO. PUD-89-41(1) BRUCE TYSON, AICP REPRESENTING SHOPPE$ AT SANTA BARBARA, INC. REQUESTING AN AMENDMENT TO THE SHOPPES AT SANTA BARBARA PUD TO REMOVE FRATERNAL AND SOCIAL CLUBS AS Pk~.MIT~D USES; REMOVE SELF-SERVICE LAUNDRIES, NIGHTCLUBS AND PRIVATE CLUBS AS PERMITTED USES; TO AMEND CAR WASHES TO BE PERMITTED AS ENCLOSED ONLY; AND TO PROHIBIT REPAIR SERVICF_.q AS PART OF THE PEICM/TI'ED USE OF AUTOMOBILE SERVICE STATIONS, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF DAVIS BOULEVARD AND SANTA BARBARA BOULEVARD FURTHER DESCRIBED AS LOCATED IN SECTION 4, TOWNSHIP $0 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting a minor amendment to the Shoppes at Santa Barbara Center PUD for the purposes of complying with Resolution 97-246. This r~solution granted a ~ix month extension to the Shoppes at Santa Barbara PUD, in order to r~nov¢ fraternal and gxrial club~ ~ permitted uses; to remove self-service launch'ies, nightclubs and privale clubs, as permitted uses; to amend car '~ashes to be permitted as enclosed only; and to amend the permitted use of Automobile Service Stations in order to prohibit repair services. CONSIDERATIONS: Pursuant to the PUD sunset provision of Section 2.7.3.4. of the LDC, the subject PUD wa~ brought before the Board of County Commissioners on May 20, 1997 for review. It was the Board's opinion that specific permitted uses originally approved in the PUD document may presently be incompatible with the type of residential development which has occm-red in the surrounding area since that time. At the May 20, 1997 meeting, the Board of County Commissioners approved a motion giving maff direction to work with the petitioner to amend the PUD to remove thc following uses deemed incompatible: fraternal and ~x:ial clubs, ~eff-un-vice laundries, nightclubs and private clubs; and to amend the permitted use of car washes to allow enclosed only, and to prohibit automobile repair services. FISCAL IMPACT: This PUD amendment by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mc-r~ fact that new development has been approved will result in a futur~ 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 m'~ 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 ar~ inadequate to maintain adopted levels of service, the County must provide supplemental funds from oth~ sources in order to build needed facilities. .G.]~V,~I'H MANAGEMENT IMPACT~ 'E~:~:t,..I.,~.~L~; The property is designated as Urban, Mixed Use Activity Center on the Futu~ Land Use Map o£the Growth Management Plan. The Activity Center designation primm'ily provides for new commercial zoning witMn Urbm designated sreas. When th~s PUD was ~pproved in 1989, it met that criteria, and therefor~ remains consi~ent with the Future Land Use Element Md the Growth Management Plan. Nothing h,~ ch~ged since thai spproval to call into question my consistency relationship w/th elements ofthe GMP. The ~"ified uses sr~ generally consistent with the C.4, Commercial zoning district. The act ofeliminatiug uzes or restricting permitted uses docs not give rise to any FLUE consistency finding. St,~Tdoes not find any other elements of the GIv~ inconsistent ~s, result ofr~novin8 and srnending thc ~orernentioned uses. ~HSTOmC/ARCH~GICAL IM~A CT .'_ StafFs ~,nalysis indicate~ that the p~itioner's property is located outside ~m area of historical ~md archaeological probability ~s referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION. The CCPC recommended unanimously, that the Board of County Commissioner~ ~rove PUD- 89-41(1) as prc~ented by staff. PREPARED BY: (~~WED BY: RONALD F. NINO, AICP, INTERLM MANAGER DATE CURRENT PLANNLNG SECTION RO]~RT $. MULHERE, AICP, DIRECTOR DATE P G SERVICES DEPARTMENT VINCENT A. C^U'I'ZRO, AIC'P, ADMINISTRATOR DATE COMMI. JNI~ DEVELOPMENT & EI~'IRONMENTAL $VC$. Petition Number: PUD-g9-41 (1) Shoppes at Santa Barbara Park PUD This petition has been tentatively scheduled/'or March 24, 1998 BZA Public Hearing. MAR 2 4 1998 AGENDA ITEH 7-C TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION FEBRUARY 11, 1998 PETITION NO: PUD-89-41(1) OWNER/AGENT: Agent: Bruce Tyson, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105-8507 Shoppes at Santa Barbara, Inc. 3 Grove Isle Drive, Suite 1708 Coconut Grove, FL 33133 REQUESTED ACTION: The petitioner is requesting a minor amendment to the Shoppes at Santa Barbara Center PUD for the purposes of complying with Resolution 97-246. This resolution granted a six month extension to the Shoppes at Santa Barbara PUD, during which time minor amendments to the PUD were to take place. GEOGRAPHIC LOCATION: The subject property is 18.1 acres (more or l~ss) in ar~a and is located at the north~st comer of Davis Boulevard and Santa Barbara Boulevard. P~URPOSE/DESCRIPTION OF PROJECT: The amendment is for the purpose of removing fraternal and social clubs as permitted uses; removing self-service laundries, nightclubs and private clubs, as permitted ur, cs; amending car washes to be permitted as enclosed only;, and amending the permitted use of Automobile Service Stations proM'biting repair services. B/ .R 2 4 998 S_URROUNDING LAND USE AND ZONING: Existing: The subject property is zoned PUD and is currently undeveloped. Sun'ounding: North - Property zoned A~riculmral, developed with a Produce Stand. South - Property zoned PUD (Santa Barbara Landings), currently undeveloped. East - Property zoned PUD (Neopolitan Park) currently undeveloped. West - Berkshire Lakes PUD - Vacant bank building at comer of Santa Barbara Blvd. and Davis Blvd. Vacant land north and south of this building. GROWTH MANAGEMENT PLAN CONSISTENCY: Thc Shoppes at Santa Barbara PUD was first approved on August 12, 1989 (Ordinance Number 89-62) as a commercial PUD allowing for a shopping center and two (2) outparcels, and specifying permitted uses generally consistent with the C-4 zoning district. The property is designated as Urban, Mixed Use Activity Center on the Future Land Use Map of the Growth Management Plan. The Activity Center designation primarily provides for new commercial zoning within Urban designated areas. When this PUD was approved it met that criteria, and therefore remains consistent with the Future Land Use Element and the Growth Management Plan. Nothing has changed since that approval to call into question any consistency relationship with elements of the GMP. The act of eliminating uses or restricting permitted uses does not give rise to any FLUE consistency finding. Staff does not find any other elements of the GMP inconsistent as a result of removing and amending the aforementioned uses. HISTORICAL/ARCHAEOLOGICAL IMPACT: Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. F.,YALUATION FOR ENWIRONMENTAL, TRANSPORTATION AND_ INFRASTRUCTUREi The subject petition was referred to all appropriate County agencies with jurisdictional oversight for elements of the Growth Management Plan for their r,:view. Staffhas determined that no level of service (LOS) standards will be adversely affected by this request and it is consistent with the Growth Management Plan. Pursuant to the PUD sanset provision of Section 2.7.3.4. of the LDC, the subject PUD was brought before the Board of County Commissioners on May 20, 1997 for review. It was staff's recommendation at that time to extend the o.m'ent PUD approval for two (2) years. Staffwas of the opinion that the pUD was contemporary in its structux~ and would not look much different if it came back as a new PUD. At that time it was staff's opinion that the approved permitted land uses were consistent with those found generally permissible in the C-4 (Commercial) zoning district. It was the Board's opinion that specific pein'fitted uses originally approved in the PUD document may presently be incompatible with the type ofresidential development which has occurred in the sm'rounding area since that time. At the May 20, 1997 meeting, the Board of County Commissioners approved a motion giving staffdirection to use a six- month period to work with the petitioner to amend the PUD to remove the following uses deemed incompatible: fraternal and social clubs, self-service laundries, nightclubs and private clubs; and to amend the permitted use of car washes to allow enclosed only, and to prohibit automobile repair services. Based on the above information, the subject petition is hereby submitted for amendment. STAFF RECOMMENDATION; Based on the Board of County Commissioner's previous direction and the above analysis, staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUD-89-41 (1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: SUS~--'f'~ MURRAy / PRINCIPAL PLANNER DATE REVIEWED BY: I~.OBI~KT J. MULHERE, AICP CURRENT PLANNING MANAGER 'DQ~IALD W. ~JhNOLD, AICP PLANNING SERVICES COMMUNITY DEV. & ENVIRON. SVCS. DATE DATE DATE Petition Number PUD-8941(I) Tentatively scheduled for March 5, 1998 CCPC meeting. SSION: MICHAEL A. DAVIS, CHAmMAN 6 7 8 9 12 14 I$ 16 17 ORDINAl:CE NO. 98- AN ORDINANCE AMENDING ORDINANCE B9-62 THE SHOPPES AT SANTA BARBARA PLanNED UNIT DEVELOPMENT (PUD) BY PROVIDING FOR: SECTION ONE AMENDMENTS TO GENERAL SUBSECTION OF GENEPJ%L DEV£LOPMENT m~D~?S ?0 UStS r£~I??£~ SU~SZC~IO~ Or GENE~ DE~LOPMENT REGU~TIONS SUBSECTION; SECTION THREE, ~ENDMENTS TO DEVELOPMENT ST~DARDS SUBSECTION OF GENE~L DE~LOPMENT R~GU~TIONS SECTION; AND BY PROVIDING FOR AN EF~CTIVE DATE. WHER~S, on December 12, 1989, the Board of County Comissioners 19 approved Ordinance Number 89-62, which approved the Shoppes at Santa 20 Barbara Planned Unit Development (PUD); and 21 WHEREAS, Bruce Tyson, AICP of Wilson, Miller, Barton & Peek, Inc., 22 representing Shoppes at Santa Barbara, Inc., petitioned the Board of ~ County Commissioners of Collier County, Florida to amend Ordinance 24 Nu~er 89-62, as set forth below: 25 NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners 26 of Collier County, Florida: 27 28 SECTION ONE: ~ENDMENTS TO GENE~L SUBSECTION OF GENE~L DEVELOPMENTO 29 REGU~TIONS SECTION 30 Subsection 4.2 entitled ~General" of Section IV entitled 'General 31 Development Regulations" of the Shoppes at Santa Barbara PUD (Ordinance 32 No. 89-62), as amended), is hereby amended to read as follows: 33 4.2. ~EN£~L Where specific standards per~aining to such things as 36 signage and landscaping are not specifically included in 37 this document, the applicable standards of the Collier 3~ Co~ntv ~--~-r ~-~ ....... ~ -..~..~ ~ ~ Development Code that are in effect at the~time of p t ~o application shall apply. 41 4~ SECTION TWO: ~ENDMENTS TO USES PE~ITED SUBSECTION OF GENE~L 43 DEVELOPMENT REGU~TIONS SECTION 45 Subparagraphs 1, 3, 6, 11, 13, 15, 16 and 22 of Paragraph A, 46 Subsection 4.3 entitled, "Uses Pe~itted" of Sec:ion IV entitled, 47 "General Development Regulations" of the Shoppes at Santa Barbara PUD 48 (Ordinance No. 89-62, as amended) is hereby amended to read as follows: 49 ol- 4.3. US£S PERMITTED 9 I0 11 12 13 14 16 17 18 19 20 21 22 23 24 26 27 28 29 30 32 36 3'/ 38 39 43 45 47 49 $1 $2 $5 $6 59 No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for ocher than the following: A. Principal Commercial Uses 3e Automobile service stations (no repair services} (in accordance with the standards of ~ee%W~--~,4 ......... ~ .z-.manta Section 2.6.28 of the Land Development Code); antique shops; appliance stores; art supply shops; automobile parts stores. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. Car washes (enclosed onlyl; carpet and floor covering sales-which may include storage and installation; child care centers {no less than five hundred feet from an establishment selling oz serving alcoholic beverages for consumption on premises unless an exemption is granted pursuant to the requirements of Development Code); churches and other places of worship; clothing stores; cocktail lounges (in accordance with the standards of *..=-~..-..~ Or~Inanza Section 2.6.10 of the Land Development Code); cotmmercial recreation uses indoor; commercial schools; confectionery and candy stores. 4. Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. 5. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. 6. Fish market - retail only; florist shops; ~ a.~_ :cc°a. =lu~_: ~in ac=:r_~_-_ ..... ~-~ -~ ..... ~--~- homes; furniture stores; furrier shops. 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. 8. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. Ice-crea~; stores. Jewelry stores. Words2truck thrc%ioh are deleted; word~ unde~ Z 4 1998 ere &dded. [ I 2 ? 9 !0 I1 12 ~4 !$ 16 l? ~9 2! 2~ 26 31 32 33 35 3~ 37 38 39 41 43 49 $2 $3 ~8 ~9 6] 11. ~a~l~-~~eather goods; leg£tima~e theaters; liquor stores; ~ocksmi~hs. Marinas; markets - food; markets - meat; medical~ offices and clinics; millinery shops; motels anq~ hotels; motion picture theaters; museums; music stores; mini warehouses and storage facilities; minor automobile repair work. 13. 14. 15. New car dealership - outside display permitted; news stores, :..- ............ - .... ' ...... ,-~ ~ ............................... T,~. _ ~. - '~-~ ..... Office - general; office supply stores. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing end mimeograph services shops; -r.:'~.: :.u.: ~f~ ..... ~ .... ,-~ - professional offices. 16. Radio and television sales and servicesz radio station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research and design labs; rest homes~ restaurants - including drive-in or fast food restaurants (in accordance with the standards of Section 2.6.10 of the Land Development Cod-). 17. Shoe Repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanatoriums. 18. Tailor shops; taxidermists; tile sales - ceramice tile~ tobacco shops; toy shops; tropical fish stores. 19. 20. Upholstery shops. Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside kennels. 21. 22. Watch and precision instrument repair shops. Any other co~ercial use of professional service which is comparable in nature with the foregoing uses and which the ~ _Development Services Director determ/nes to be compatible with the above ~ses, SECTION THREE: AMENDMENTS TO DEVELOP~'NT STANDARDS SUBSECTION OF GENERAL DEVELOPMENT REGULATIONS SECTION Paragraphs H entitled 'Parkin9~ and J entitled 'Landscape Buffer' of Subsection 4.4 entitled "Development Regulations" of Section IV entitled "General Development Regulations' of the Shoppes at Santa Barbara PUD (Ordinance No. 89-62, as amended), is i'--~ -r. - ~ .~ as fol~ows: I Words struck through are deleted; words IHI~I~ are added. 2 3 6 ? 9 !0 11 12 15 14 16 17 l~t 19 2O H. Parkin~i The same as the standards of the Collie~ County ~ ~ Land DeveloPment Code in effect at the time of application for permits. J. Landscape Buffer: A ten (10) foot landscaped buffer shall be constructed along the northern section of the property south of the access road as depicted of the Conceptual PUD M&ste~ Plan. If commercial zoning is approved on the tract to the east at the time development permits are requested, the buffer ah&Il not be required ad,scent to said con~rcially zoned tract. Any landscaping buffet will be required in accordance with the standards of ~ Section 2.4 of the Collier County &e~d~ Land Development Code. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the 21 Department of State. PASSED AND DULY ADOPTED by the Board of County Co~nissioners of Collier County, Florida, this __ day of , 1998. 24 2~ 27 2~ 29 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CONNISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJOR~E M. STUDENt' ASSISTANT COUNTY ATTORNEY BY: BARBABA B. BERRY, CHAIRMAN Words struck throuah are deleted; word~ unde~ PETITION NUMBER DATE __. APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COIvI~fLrNITY DEVELOPMENT DIVISION PLANNING SERVICF~ Name of Applicant(s) Shop,s at Santa Barbara. Inc. Applicant's Mailing Address 3 Grove Isle Drive. Suite 1708 City _ Coconut Grove State z¥ 33 33 Applicant's Telephone Number: 305-854-4795 Is thc applicant the owner of the subject property? X Yes l No (a) If applicant is a land trust, so indicate and name beneficiaries below. x (t,) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a parmership, 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 indicam actual owner(s) name and address below. Larry_ Kohl. President. 100% 2. Name of Agent Brace Tyson. AICP Firm Wilson. Miller. Barton & Peek Inc. Agent's Mailing Address 3200 Bailey l~ne. Suite 200 City Naples Agent's Telephone Number: State FL -I- Zip ¸.0 PUD Ordinance and Number: PUD Ordimnce #E9-62 ('Previously amended by Ordinance #'s Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if r~quest involves change to more fi'an one zoning district, include separate legal description for p~ involved in ~ach distria; if property is odd-shaped, submit five (5) copies of sun, c),; I" to 400' scale). Pl~ase s~e approved PUD. The applicant is responsible for supplying the correc~ legal description. If questions srise concerning the legal description, an engineer's certification shall be required. Section 4 Township 50 S Range Address or location of subject property: The pro~n'y is located on the corner of Davis Boulevard and Santa Barbara Boulevard Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Type of Amendment: X A. PUD Document Language Amendment (Minor Amendment) B. PUD Master Plan Amendment -0 C. Development Order Language Amendment 8. Does amendment comply with the comprehensive plan: X Yes m No If no, explain: Has a public hearing been held on this property within the last year? If so, in whose name? Resolution 97-246 re .mHred the PUD to be amended to part of the 5 year u.~date review of all PUD's, Petition Number: NIA Date: N/A -2- 10. Hu ~ l~~°'~ of th~ PUD ~ .___Yes . soW, m'~Jof lqo ~cvc!opc~? Ar~ ~' ch~g~ ]~[~c~ fo~ Rm ~ Kld ~tOr dcv~lo1~d? If 7es, (s~: et' No~7 -3- MAR 2 4 1998 p;. /~' Mill MAY 20, 1997 COLLIER COUNTY COMMISSION MEET~G MINUTES MAR 2 4 1998 20. 1997 #e'll go to e (A) (1), start review and OrdAD4~ce I);2, ~o~s aC ~ ~s ac S~a ~r~ra Is ~e ~ I~aC~ ~n ~ activity c~ aC ~ nor~c co.er of ~Ca ~a ~l~ard ~ ~1~. ~s ~, ~n the ~[nlon of I~aEf. c~ all o~ deveI~c c~~ ~c ~ ~nk ~l ~r~r~aCe for proj~c. We don'C -- w c~'C ~hM of ~ additional c~~j. ~ ~d o~ ~s Co l~k ac this u a n~ ~ciCiou. w c~'c ~ o~ ~ a~clo~ c~~Cs ~c ~ ~uld ask this ~l~r ~s ~ defers co ~ s~ of ~e l~d de~lowc c~e ~C~C~e, ~t n~e~eless, ms ~ pr~s~, ~ sa~ we're iud ~l~C c~e priva~ll. ~e~fore, ~e on~ ~liuu ~e ~inion o~ s~[, ~ might h ~CsC~, are lasts We a~s~ you ~s ~o ~ acC~vl~ ~Cer; ~refore, ~oe ~ c~ts~C ~ blue. We r~d a ~-~ar ~~ ~o ~1~'= l~k ~h differ~ If i= c~e hck as a n~ ~. ~ .... ~Y. C~ssi~ C~tine ~ .~e t~.~ ~sn C ~ else ~C ~ere ~-e ~el, there ~e a ~- -- ..d ..... ' ~Mi~ ~lu~ storage ~C411aCl~ car lnstallstion C Chi I. IAKtrlCaA I~AV ICoria - ........ ~ --- - , ---,, ~r scores, fra~I l~ a~lal cl~o, self-sea/ce la~lel. II~or ICorel. nl~C clX, private ~ ~C M~OFlC~ O~ ~C lO in bre lo like C~C. t~h, ch~ ~ d~'~ ~ are co~lst~ rich ~ ~ with t~t area in the lao~ elgh~ ~aro. Page Key, 20. K~. ~X~: Al! o! vhtch ulil ets &n Lnce~Til ~ct sC ~I~ ~~ ~c ~ ask ~ couple st ~el~ionl on t~ole car ~s ~C la~ C~ ~ has Co ~ ~I~ ~~I~: I don't ~line ~c ~es. ~~ ~: ~C'I one C~ -- 4uCo ~rcl store ~fl~re, ~. ~: ~o~ recall lcori. ~Y ~ l~k. so t~t ~e ~ln'C ~ther me. ~c ~ th~ ochers? You ~ntton~ elKtr/cal ~ly scores, ~. ~: Conrac. ~~ ~: ~~ ~J co ~ conc~Lr.~ vichia ~il~ng? ~SSZ~ ~~t F~iCe~X org~zltLou, pcLvice ~ ~= You ~, ~,~ ~l~ ~c ~ ~Ccl~ ~ ~e ~C. ~ ~ ne~ to d~Lde ~ere ~ c~ go ~e ~ k~ ~ L~uc ~h~. ~C ~ ~ve one ~1~. ~ ~' ~~ ~. lq Cbs pl~ ~re, it sew Co fit pFecc~ ~'c~ go~ ~o cescrLc~ c~, ~d I've ~ ~e Co Idv~lCe ~, we M~ ~C I~e Id~CLona~ ~L~ci on ~c ~ause ~'~ k~d o~ ~ ~ co~r on shopping c~cers ~c ~ ~hi~ Lc's nsc ~ ~e s~g c~cec. B.T. ~cs Ls ~ochec e~e o~ one ~ ~ a sh~p~g c~cer. ~SSX~ ~C'XX~: X~ de~ on XCz prox~cy Co res/denci~l ~e~g~r~. I ~, ~e'l I shopping cencec near ~ ~c X'm v~ ~ace[ul ~'c ~ve ~ ~r ~d ~1 An ~, you ~, 8~s, ~ ~ co~ ~j ~ ~ Iccosj ~1 ~tree~ fr~ thLI P~, ~u ~ve Coat.wide. ~ l~k ~e o~er wiy, ~u'v~ ~ or [o~ d~l~cl all goLng Ln.. Y~,~ goc ~aples ~e ueJ should ~ r~ or C~ w should e~d sc4~ 4vi~ co res~ch ~c, c~ ~ck Ln I JLx-~ch ~fL~ ~ see L( w c~ cw 1998 Hay 20. the developer, ovner. ~: You're 4skL~g ~he ~itL~z to ~uld c~t~r the ~re ~xL~I ~~X~: Yoa~. Ninety ~rc~ st t~,o ~ck ~b a full ~~ pr~re ~lch. if w ~ to ~. ~ ~. Il ~'~e sl~liic~ ~h ~o ~r~t a full ~ ~: Ohy. ~e ~ere uy o~r c~s for ~ ~: we h~ a r~res~l~/~ o~ the ~e~'? ~lls~, ~ller, here r~esen~ing ~e ~er of ~he pretty. I i~li~e y~ co~ct~l, C~ssloner C~C~Cine, ~ver. ~or us~ r~lly Co go c~ough ~e encire ~ m~nC pr~ess is a riff ~ive ~ one,us process. ~e devel~nt c~n~s ~ c~lL~ce, full co, Ii,ce. wi~h ~ou= gr~h ~g~ ~d ~ ~. we viii ~ roll.lng ~c~ural cofl~rol st~ as r~ir~, ~d i~'s a ve~ e~sive pr~ess ~o go ~ck c~ough for. I ~ we could pro~I~ ge~ assur~ce ~ ~c's no~ ~ Is pl~ for ~t sl~e. ~e Jita also is no~ surro~d~ ~ r~id~iai d~elo~ a~ ~is ~in~. ~t~e Is no~hing ~o ~he ~ o[ i~ t~, ~d s~ oE i~ Is no~, ~d ~e~her it's ~el~ or ~, l~'s ~ cl~r ~ il going to ~ ~hefe. ffe'~e C~l~ to ~SSZ~ ~~: You ~n't ~nd If I finish ~ c~t. ~SSz~ ~~~: ~t ye're t~L~ to pl~ is for the furze, not ~rely for ~t*s there ~SSZ~ ~~: ~. WeLgel. ~. Ciuley said wll. ~'d glad to ~e a co~flt, w~'s the way to ~ally bind thru Lilts ~l~ :~: c~~t shot: of going t~ough :be ~ p. ~ess? Page 20 ~¥ 20. HR. WETG~!,: ! real~¥ don't -- I'm not aware -- ~ ~ i ~, ~ Z'm no~ a~Fo of ~hing ~ c~ bind ch~ to. ~. ~: l~'m ~ ~l~e a long t~ si~e % l~k~ ~l~r's a~e~s ~d to al~er ~be ~ d~ ~ ~ld ~ to ~ t~h ~ ~ola p~ess o~ l~d c~e pr~ldes for th~. X ~. ~G~: ~ck ln~o ~he coa~r,c~ 1~ ~s~Cs ~ ~s~ c=~s a~ ~ving a bindl~ a~e~ or c~l~ t~t ~ld c~ ~tar by vsr~l i~2c~io~ on a r~ord or ~ea a concr~c~ foz p~i~ng for ~e ~lli~y to devsl~ a ~l~l&r pretty. ~ 1~. ~ I r~ly ~uld ~ve sl~lfic~ concern ~v~ a a~e~ at~g to ~ enforce~le ~d ~en ~sh c~s to ~ ~ ~ g~s fo~ later. night, no~ ~c say ~11, ~'d ~ ~ to Mke a c~nt other ~ ~gh ~. ~. ~: I do ~ve · ~esclon. ~~ ~: I'll ask you to hold on for a seco~. C~ssioner Norris ~d s~thing. Did you ~ ~o ask m ~SSIO~ ~O~S: ~ls is ~ ~es~ion. Is w~ c~ ~ do ~elo~'s a~e~en~ of s~e sor~. Is th~ going to ~ bi,lng on heirs ~d assi~. ~cause ~e pr~r~y could ~ sold ~d ~. ~lG~: ~e egr~ could ~ ~ltt~ t~ ~y, r~lly don'~ see ~ ~i~l~ co~lderm~ion tht c~s Into pr~ess here. ~ r~ t~ay ~d ultime de~e~tion ~d ~s~ on ~e mg~ ~[ore i~ Is ~o ~t~d for t~ ~s or ~t. If ~ don'~ ~ ce~ain things ~us~ ~ or c~ ~ ~ ~e of ~e action ~ take ~y conce~l~ ~e ~ i~elf. ~ I really, again. ~ a conce~, or I s~ld saF. loss to say wi~ ~y kiod of c~a~y ~ ~ agr~t r~. ~ if l~*s ~gh~ hck to the hrd ~ si~ off ~tes. ~s ~forc~lll~y hsed ~ the fact that there Is 00 ~here Is no -- ~ere ~uld ~ ~ front that ~htre Is no co~lderitlon ~e Co~Cy on this ~. ~: I do ~ve a ~es~ion. I ~ders~d ~ one ~ ~rcel c~ vas flo~ ~ed ~ this -- ~ client on ~his pi~e o~ pro,roy. ~ ~ ~ders~d currently a car ~ash ~y ~ ~lng ~tI~ ~here. I don't ~ if t~'s ~he case or no~. Page 21 1998 Key 2O, 199'/ alrea~ vl~ a gas s~Cion ~ I -- so I'm ~t ~e t~ ~'ze got~ Co h sol~ ~ ~ .. ~ ~Lng ~Ls Ls ~ c~e~ ~ ~: ~e probl~ ts this it on ~tn~e~ ~ ~ht ~e hck, trt~ to bring one hck. ~ause elter 1~ at tb ~st o~ go~ ~o~h the whole p~re to ~ I 8~ to l~k at It ~ga~. I ~s ~ bye t~ ~tio~ ~re. I don't dis~ with ~ ~ld t~l l~izly c~forc~l~ doing ~t ~ ~aC's r~illy ~'r, ~ ~k~ ~o do ~ resid~s of ~hs c~l~y. ~k forc~ ~o ~ ~h. Ws ~ Co ~ ~e of t~ things here. We're either going to r~lre ~s ~o go ~ough ~ ~nt pr~e for r~al or ~eir ~t~tial is to t~le ~s lt~ ~d dir~ ~e A~om~'s office ~o d~l~ -- ~*e's go~ to b ~ I'll cell a frl~y ~c ~sition if ~e ~ClCioner ~ ~e ~d are ~lli~ to a~me on C~ ~~t to a zoat~ ant lA m ~Cual i~, ~ere s~uld ~ no ne~ ~o go ~ck ~d re~v~c ~e ~eel. ~d ~c sm reaso~le ~o me. My~ t~'s co~er to lev, I don'~ ~ if it r~ired ~e ~d it ~ust ~t t~ough on the Cons~t og~ ov~ ~d ~er ~d ~er. I me~. ~= ~uld ~ ~ssible wl~ou~ a long. involv~ pr~ess. ~ ~: I'm look~g for ~be ~e-of*~he-r~d proems for ~e ~t m~t ~e ~l~t s~~ ~t ~y ~ a ~ln~ here or ~e v~ ~ose ~ ~e ~y ~ oi ~ck. C~ssioner ~SSI~ ~S: Y~, let ~ ask m ~estion on this ~tfic one. I ~ee ~t ~ ne~ to ~ get a pr~e for these la g~eral. a als ~Itlc ~, h. aulu ~long there My ~ ~li~cion for a cu mh ~ ~s pro~ty ~efltly. ~ ~ ~l~e, is ~ere ~ a~lication lC 811 on this? ~. ~: Rot ~o ~ ~l~ge, ~t I c~*t say t~t 1~el of cer~tnCy, I Mve't l~k~, ~t I ~uld h h~ ~o do th~. I'm sor~, ~or ~e record. ~ n~ Is ~b ~lhere. ~SSI~ ~O~S: ~ conce~ ~uld ~en ~ If there vas s~g ~r~ps pl~, ~d ~ don't take some definitive action t~y, ~ ~elay or s~ethlng, ~en ~ ~llcaClon c~ld ~ i116 -- ~- ~: ~sa ~. it's on property ~t's not on -- ~S$I~ ~IS: ~. Caul~, l'n talking. C~ you tmtll I'n c~ough, please? P&ge 22 i~, r.J~%j~: Ymm. m~r. ! cmn. ~t ~ ~e s~ uor~ o~ de~ti~ act/~ t~y ~e ~y or ~o~r. ~ ~~ 0~, ad~ac~ ~o ne~, or s~i~ like ~ ~: X a~. ~e ~l-bl~ ~ ~~, ~ch ge~ ~gh ~e ~lre ~~g ~r ~ ~en~ is a $1.300 ~ll~ a We ~'~ o~sly, u I'm s~ ~'re ~, ~e t~e not ~t ~ C~ Is ~g ~or e ~ ~~t, ~t vht's s~e do ~t for ~ ~ so ~/ve, ~t, ~ ~. ~ c~y ~ no~ ~lllbg ~o ~e tht ~ ~ess for ~ ~ ~ ~, ~C ~'re no~ go~ ~o s~ ~e da~ ou~ for i ~ t~.. ~ ~c~: ~'s ~u~ ~ dona ~ ~e ~e~ C~-- ~- ~~ ~gh~, ~ ~or. ~sly s~ a ~or ~sai~ ~c'~e? saf~ co c~ ~ wt~ s~~ cr~cive ~o give ~ ~ alte~ti~ Page 23 i4~roprLatm. ~'~(2S~lOh'~ ~STA~Zh~: Z°ve go~ Co dL~ag~ee rich ~. ~i~, ~d, &gnin, aa I said, I ~hi~ ~'l ~ l~r~t ~ ~~ ~: h~ore ~ get ~o ~ur l/s~. ~. ~- ~: 2 have ~o~her ~h~gh~. ~- ~~ Z shoul~*~ .. ~o ~ honest. ~ Clcchione One on ~e seat. ~, ~ a r~olu~Lon could ~ ~r~ d~r~ ~d ~h~ ~uld ~ pr~e ~ ~ ~~, ~e ~nor ~ ~~, r~ s~ ~cL~lc uses, e~ ~ ~nor uses. Of co~ee, ~ ~ld ~es~ for ~ ~ we ~us~ ~e a s~raLgh~ ~Lon on ~hls ~ eider L~lu~ c~ges or no~ Include c~ges, see L~ ~ files ~e M~orl~y of ~e ~d, ~f ~ does,..~,ll dLrec~ s~ff ~o p~ ~ ~e ~o~ ~~ process ~ess ~he a~l~c~ hs, ~u w[~ the Cowry ACCo~ey'e office ~o de~e~lne v~C course c~ ~ ~ flor ~ese ~s of minor c~gel, ~d ~ ~ elrea~ hve place, ~ yo~ ~ ts co~. ~d ~he Sl,300 fee Ls only ~u ~, a ~ of the overall cos~ If you are ~ring consul~s C~ssioner Cous~lne, ~u've ~ vlsLbly circli~. ~el~ ~tdellnes, ~d that is ~r~nat/on, i~ress ~ ~ess, l~caping, ~c~~al s~s ~ so on. ~e ~he s~ ~ of ~ re~li~y ~s ~o ~al ~l~h the ~ess o~ ~vls ~ off ~ta ~a in still a~r~rLa~e. ~co~ ~o ~t ~. N~o ~s ~old ~, ~he l~cap~g ~ ~ ~lf really Is a conce~. ~ere ~e a ~dful of uses in here ~ are no~ a~ropr/i~e. rill s~ ~o you ~he loll~lng lts~. ~rk/ng ~ ray ~c~ar~. ~r l~ IS, private clX; ~r I~ 13, n/gh~cl~: ~r f*l~-se~ice lm~ ~ libor otoresr ~der ltm 6, s~iml cl~s; ,~er l~ 3, c~ w~heo; ~er X~m I, *u~blle PeOo 24 ~ta¥ 20, 199'I _~?v~ce ~taCio~, ~nd ChaC clusl~lcacton o~lously 9.~ ~ co r~ ~-~*on u o~a~ to s~ly ~uell~g. . ' ~~ ~: Under c~ v~es, t~o~e ace usuall~ ~c~11~ ~e ye ~ov~ng ~t as ~ option? ~SSI~ ~~: ~ don't ~ow if ~'re dif~er~tiacing so~ of ~e ~y ~rays is -- ~ ~K: We c~'= here. ~cl~. ~ ~: ~e ~clon on libor scores, the sales of libor t~ically is fairly u laocuo~s ~se. it's when co~Cion is on pr~ses 1 ~ you're t~lng to =arge=; co~ecc? ~SSI~ ~~: You ~e correct. ~I~ ~: ~ l~or ECoc~, I don'~ ~ ~ere's a CO~SSI~ CONST~I~: You're r~gh~, I ~ve no ~I~ ~C~K: I ~rsonally, like I sai~. I ~uC ~o F~dge~r~ as a way Cha~ c~ ~ done a~ropr~aCely. I don't feel as ~Crongly ~ut iC in Chis location, ~= you ~ow ~he area ~cCer I do. FraCe~ ~d s~al cl~s, ~ro~ly ~o~ ~o~g co ~ve a l~e on site ~y so I ~on'C s~ ~C ~ e ~robl~. ~e ~e ~escio~ or co~cs on ~ o[ these ~=~? ~SSIO~ ~N~~: We've ~KC~ auC~ile. ~'ve co~ecC~ c~ w~hes ~d w ~u= ~ck ~ ll~or, ~'11 ~ ~ve .r~... ~~ ~: Correc=. C~ ~heE will ~ ~[~ed co ~SSIO~ B~Y: You dou'c w~= a Jell-sea, ce ~SSI~ ~C'KIE: = was ~n~g ~C C~C ~s. ~SSIO~ B~Y: I kind of ~es=~on Char. ~~ ~: Actually. ~e hour~ of o~rac~on on some ~ose ~d the coin-o~raC~ ~ch~es ~ so forth, you ~, ~ on ~e area you're ~n. ~c -- ~~ ~C~: So ~c,j -- I ~e,s we h~ve something oo the c~le here. ~. Caul~, ~o you ~ve ~ychi~g co ~dd ac chis ~lnC. ccher ~SSI~ ~C'KIE: ~'s off ~he l~sc or on ~he l~sc? Page co ~. ~ ~ ~ ~ld go ~gh. ~- ~. ~ ~ C~ ~x~ ~~ ~e ~ As -- ~e ob~ecci~ As ~ee or ~o~ o~ ~e ~es w d~'c ~C Co ~e ~~ ~eaucra~ or gove~ ~ ~ is h~ X'd like ~o see ~s ~. ~: C~ X suggest ~h~, or ask, ~ ~'~ ~g co ~n2e ~img else? ~. ~: X ~d ~ ~C ic ~uld ~ -- ~- ~: X'm t~g ~o ~ders~d ~4 p~ess. ~. ~c: Ko, I~. cr~ ~ a ~o~ o~ a ~ci~ ~d get I~f~ ~r~/on f~ ~t ~t. ~SSX~ B~Y, %'~ l~ over ~s list o~ ~e c~ fr~? ~. a: ~s list. ~l~ ~, pr~essors' zo~. ~l..~e 8022. ~ere we al~lcllly ~11~ ~ ~ ms. ~er. ~s uso If. ~y 20, 199~ s~. but o~Iy ~n · difter~nt context usl~ st~ lndustria~ clusl~lc~tloa ~Z~ ~y: O~y, Z ~s the tmon Z ~est/on off. s~ o~ ~e t~nol~ ~s so ~-ut~t~. ~n ~ ~1~. t~t t~re. ~ ~ ~ ~v're going ~o ~ve I t~ sh~. ~ ~, chis ~ Z'A r~ng ~e, ~d ~C'J ~l z~son ~y Z ~C~ to ~ ~ list c~ fr~. Zs ~s n s~rd list c~t c~s ~r~ swp~ce, ~s~ly up ~- ~: ZC ~ ~e 3/st ~t said ~ere ~e C-4 uses ~e 8022 ~ ~r~ OZ ~l re~al~ L~ 1~90 ~e~ w ~e n~ Z~ ~l~c c~e ~ c~g~ ~e refer~ce ~sCen Co ~- ~: Z'E ~e ~u c~ld pick ~ ~e st~d i~ustr/al classifl~cion m~ ~d f~d ~e c~e for furriers. ~ ~SSI~ ~: Yell, I'~ s~e ~o~ could, 1~ ~s~ s~ like ~~_~lorl~, i~'s. pro~l~.no~ ~he ~s~ a~roprli~e , ~ I ~0~ ~e 0~~ on ..... · ; ~, ~ cieuag ~d blxking, I'~ going ~o nsh righ~ ~c a~ t~e I~Cage of t~t one. ~at, the ~kec ~ghc COD~01 Io~e of ~ese, ~ ~ to~'c fle~ ~o do C~e ~rea~c~&~ .. ~SSI~ B~y: Absolu=ely. ~SSIO~ ~'KIE: ~a='s w~c I'm ~h~kLng. ~SSI~ S~y: ~C'J kind of w~c I'm c~g fr~, ~dcgca~ C~ss~oner Conjc~ne, I'm hoc c~e wl~ h~, ~c ~ z~on for br~ging ~8 ~, ~C ~ ~u ~e ~is list, ~u~ s~ like s~e of a~sl ~gs =t. I s~. I cu'~ -- I cu'~ ~ll~e ~ ~ ~lllou ys~s ~C s~ of ~ae P~le ~uld do -- c~t~ s~ of ~, ~d I ~= ~der~ h~ ~ go~ here. ~ s~g ~= m d~el~ ~ ~e co~=y or d~s ~his fr~ a s~ list, a ~u'~ ~rg t~t ~estt~, so. ~~ ~: ~d ~e S~d lis~ -~ S.Z.C. c~e still ~. ~: Yes. ~ ~ole ~C~on c~ ~e so L~ c~ ~ ~c~ one c~e Co the ~Cc~g a little ~Cter. s~ ~r~tion to ~e the six-mnth ~rl~ to ~rk vltb the MAR 2 We have a mtAm.. SHOPPES AT SANTA BARBARA PUD SECTION IV STRIKE THROUGH AND UNDERLINE VERSION II. III. SECTION IV GENERAL DEVELOPMENT REGUI~TIONS The pv.,,pot~ of tl~ section i~ to delineat~ ~ development re~dations that accompany the Conceptual Master Plan depicted in E~hibit A. Where specific standards pertaining to such thin~s as ailma~e and lan&scaping ar~ not specific~!ly included in this document, the applicable standards of the Collier County ~%x~P, a4~ L~nd D~v~lo~m~t C~dP that are in effect at the time of permit application shall apply. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used. in whole or part, for other than the followin~. A. Prindo~l Commerdal Uses Automobile service stations ~no renslr ~erviees% ('m accordance with the standards of c~,:A, o ~ .r ,~.. ,~..:_. ~ ,~ .,.. Section 2_6 28 of the Land Develo!~_ mPnt f'~l~); antique shops; appliance s~s; ~ stu~; ~ supply shops; au~mobfle pa~ s~res. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. Car washes ~; carpet and floor covering sales - which may include storage and installation; child care centers (no less than five hundred feet from an establishment selling or serving alcoholic beverages for consumption on premises unless an exemption is granl~d pursuant to the requirements the Land Development Codg); c~urc~el and other places of worship: clothing stores; cocktail lounFes (in accordane~ with the standards of 2.6_10 of th~ l~nd Development C. odls); commercial recreation uses - indoor; commercial schools; confectionery and candy Words double underlined are additions; words-4t~l~me~4s are de.kin Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; znd drapery shops. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. o Fish market - retail only; florist shops; fr:*.:rn=! ._. -_ .... '.r_: .o ~:-- ~-]: .... %. funeral homes; furniture stores; fun-ier shops. Garden supply stores - outside display in side and mar yards; ~,ift shops; glass and mirror sales - including storage and installation; gourmet shops. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. Ice-cream, stores. 3ewelry stores. I1. 12. T .... ~-: .... ir ::r--i:: --~'" ILeather goods; legitimate theaters; liquor stores; locksmiths. Marinas; markets - food; markets - meat; medical offices and clinics; millinery shops; motels and hotels; motion picture theaters; museums; music stores; mini warehouses and storage facilities; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; ~ (in :..-~'..--~:.-.:: w'.'*.h °.h: :*.:.-.~-:.'~-: :f £::*.".:.~ 14. 15. Office - general; office supply stores. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores: printinT, publishing and mimeograph services shops; ~r'.:':~ '~"~" ~'- ~161. ~1...**.--.~..4,1. .l" ~'..,~:~-- 0 ¶ · .i' 61.. ~ professional offices. 16. Radio and television sales and services; radio station (offices and studios), and auxiliary transmitters and recslvin[ equipment, but not principal transmission tower; research and desitin labs; rest homes; restaurants - including drive-in or fast food restaursnt~ ('m accordance with the standards of 6 Wor~ doubl~ underlined ar~ additions; w~ ~'~ ~K.t~ IdAR 2 1 1998 IV. _L~nd D~wlnpm~nt I7. Shoe repair; shoe l~ores; shopping centers; souvenir stores: stationery stores; supermarkets and sa~tL.~ums. 18. Tailor shops; tsxider~nists; tile sties - ceramic tile; t~bacco shops; toy shops; tropical fish stores. 19. Upholstery shops. 20. Variety stores: vehicle rental · automobiles only; veterinarian offices and clinics - no outside kennels. 21. Watch and precision instrument repair shops. 22. Any other commercial use of professional service wMch is comparable in nature with the foregoing uses and which the ~A,:,. Dev,lowrn~nt Serv~ce~ Director determines to be compatible with the above uses. B. .~q~ssorv Uses 1. Accessory uses and structures customarily associated with permitted uses in this district including essential services. ~)~V~r~OPMENT STANDARDS A. ~inimum Site Area: Twenty thousand (20.000) square feet. B. ]V/inimum Site Width: One hundred and f'~ty (150) feet. C. Minimum Distance Between Principal Structures: Twenty (20) feet. D. Minimum Setbecks Out Parcels: 1. Principal Structure: a) Front: Fifty (50) feet b) Side: Twenty (20) feet c) Rear: Twenty (20) feet 7 Words double underlined are additions; words~sI,~..t~e~h are deletions a) b) ¢) Front: Fifty (50) feet Side: Ten (10) feet Rear:. Ten (10) feet Minhnum distance between structures: Ten (10) feet. Minimum Setbacks for Structures Not Located In Out Parcels: 1. Shopping Center: a) b) c) e) Davis Boulevard Future Right-Of-Way: Seventy-five (75) feet. Northerly Access Road Right-Of-Wey: Fifty (50) feet. Santa Barbara Boulevm~h Seventy-five (75) feet. East Property Line: Seventy-five (75) feet. From Out Parcel Boundary: One half (1/2) the sum of building heights. 2. OutBuildings: a) b) c) d) e) Santa Barbara Boulevard: Seventy-five (75) feet. however, buildings less than five thousand (5,000) square feet may have a forty (40) foot setback. Davis Boulevard Future Right-Of-Way: Seventy-five (75) feet. Northerly Access Road Right. Of. Way: F~y ($0) feet. East Property Line: Seventy-five (75) feet. From Out Parcel Boundary:. Zero (0) or five (5) feet. 3. Accessory Structures: Street Frontages: Fifty (50) feet. From Out Parcel Boundary:. Zero (0) or five (5) feet. Minimum Distance Between Structures: Ten (10) feet. Minimum Site Width: One hundred and fiity (150) feet. Maximum Height of Structure: Sixty (60) feet. Words douMe undcrline,d arc sdditions; wo~ are deletions Ho The same ss the .t~ncls~ls of the Collier County ......v.,:.,, t~_:_+.___,:r._ ~ ,~ I~1 Develonment {~le in effect at the time of appli~tion for permita. Ooen Svace and Landscaoed Area: A minimum of 30% of the property shall be maintained as open space for which a credit is provided for dedicated tress, landscaped areas and retention treas. Landscaoe Buffer. A ten (10) foot landscaped buffer shall be constructed alonl the northern section of the property south of the access road as depicted on the Conceptual PUD Ms~ter Plan. If commercial zoninI is approved on the tract to the east at the time development permits are requested, the buff'er shall not be required adjacent to said commercially zoned tract. A~y landscaping buffer will be required in accordance with the standards of ~ ~;gllll_il.t_of the Collier County _vt.-.:..-.; Or~,'.-.:=:: l,s~cl Development Code. Minimum Floor Area Princioal Structures'._ One thousand (1,000) square feet with the exception of automobile service stations which may be ,~ine hundred (900) square feet. Words floublc und~rllne~ are additions; w~ ate delelions SHOPPES AT SANTA BARBARA PUD CORRECTED VERSION OF SECTION IV II. III. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose cf this section is to delineate the development rekmlstions that accompany the Conceptual Master Plan depicted in ExbiMt A. Where specific standar~ pertaining to such thugs as si~nase and lande~:aping are not specifically included in this document, the applicable standards of the Collier County Land Development Code that are in effect at the time of permit application shall apply. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used. or land used, in whole or part, for other than the followin~. A. PHncioal Commercial Uses Automobile service statiora ~no repair services~ (in accordance with the standards of Section 2.6.28 of the Land Development Code); antique shops; appliance stores; art ~tudios; art supply shops; automobile part~ stores. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; bu~.iness ma~hlne services. Car washes (enclosed only); carpet and floor coverin~ sales - which may include storage and installation; child care centers (no less than five hundred feet from an establishment celling or serving alcoholic beverages for consumption on premises unless an exemption is granted pursuant to the requirements of Section 2.6.10 of the Land Development Cxxle); churches and other places of worship; clothing stores; cocktail lounges (in accordance with the standards of Section 2.6.10 of the Land Development Code); commercial recreation uses . indoor; comme.r~al schools; confectionery and candy stores. Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. 2 1998 .0 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Electrical supply stores; equipment rental~ including lawn mowers and power ~tws, which may include their repair and Fish market * retail only;, florist shops; funeral homes; furniture stores; furrier shops. Oarden ~upply stores - outside display in ~ide and rear yards; shops; ~lass and mL-ror ~alea - including storage and installation; Kourmet shops. Hardware stores; hat cleaning and bi.king; health food stores; homes for the seed; hospitals and hospices. Ice-cream stores. Jewelry stores. Leather goods; legitimate theaters; liquor stores; locksmiths. Marinas; markets - food; markets - meat; medical offices and clinics; millinery shops; motels and hotels; motion picture theaters; museums; music stores; mini warehouses and storage facilities; minor automobile repair work. Hew car dealerships - outside display permitted; news stores. Office - general; office supply stores. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printin~ publishing and mimeograph services shops; professional offices. Radio and television sales and services; radio station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal tranrmission tower; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants (in accordance with the standards of Section 2.6.10 of the Land Development Code). Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets end sanitariums. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. Upholstery shops. 1998 IV. 20. Yariet¥ stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside kennels. 21. Watch and precision instrument repair shops. 22. An), other commercial use of professional service which is comparable in nature with the foregoinl uses and which the Development Services Director determines to be compatible with the slx~e uses. Uses Accessory uses and structures cust~mari.ly associated with permitted uses in this district includinl essential services. DEVELOPMENT STANDARDS A. Minimum Site Area: Twenty thousand (20,000) square feet. B. Minimum Site Width: One hundred and F~fty (150) feet. C. Minimum Distance Between Principal Structures: Twenty (20) feet. D. Minimum Setbacks Out Parcels: a) Front: Fifty (50) feet b) Side: Twenty (20) feet c) P~ear: Twenty (20) feet d) Minimum distance between structures: Ten (10) 2. Accessory structure (including canopies) a) Front~ Filly (50) feet b) Side: Ten (10) feet c) Rear: Ten (10) feet d) M;-i~um distance between structures: Ten (10) feet. 7 Bo Fo Go Ho Minimum Setbacks for Structures Not Located In Out Parcels: 1. Shopping Center: a) b) c) d) e) Davis Boulevard Future Right-Of-Way: Seventy-five (~5) feet. Northerly Access Eoad Right-Of. Way: Fifty (50) feet. Santa Barbara Boulevard: Seventy-five (75) feet. East Property Line: Seventy.five ('/5) feet. From Out Parcel Boundary: One half (1/2) the sum of building heights. 2. Out Buildings: a) b) c) d) e) Santa Barbara Boulevard: Seventy-five (/5) feet, however, buildings less than five thousand (5.000) r~luare feet may have a forty (40) foot setback. Davis Boulevard Future Right-Of-Way: Seventy-five (75) feet. Northerly Access Road Right. Of-Way: Fifty (50) feet. East Property Line: Seventy-five (?5) feet. From Out Parcel Boundary: Zero (0) or five (5) feet. 3. Accesso~' Structures: e) b) c) Street Frontages: Fifty (50) feet. From Out Parcel Bounda~. ~ero (0) or five (5) feet. Minimum Distance Between Structures: Ten (10) feet. Minimum Site Width: One hundred and fifty (150) feet. Maximum Height of Structure: Sixty (60) feet. The same as the standards of the Collier County Land Development Code in effect at the time of application for permits. Open Soace and Landscaoed Area: A minimum of 30% of the property shall be maintained as open space for which a credit is provided for dedicated areas, landscaped areas and retention areas. LandscApe B~er; A ten (10) i'oo~ landscaped buff'er sh~l ~ constructed ~lon~ the nor~ern s~ction of the property south of the ~cceu road as dopict~d on the Conceptual PUD Master Plan. If commercial zoning is approved on the tract to the east at the time development permits are requested, the buffer shall not be ~qui~d ad~acent to said commercially zoned track Any landscaping buffer will be required in accordance with the etsndards of Section 2.4 of the Collier County Land Development Code. Minimum Floor Area Principal Structures- One thousand (1,000) square feet with the exception of automobile service stations which may be nine hundred (900) square feet. EXECUTIVE SUMMARY PETITION R-97-12, SHANE & CINDY MCINTOSH, REQUESTING A REZONE FROM "RSF-4" TO "C-I' FOR PROPERTY ON THE WEST 30 FEET OF LOTS 16 & 21, ALL OF LOTS 17 & 20, AND THE EAST 20 FEET OF LOTS 18 & 19, GORDON RIVER HOMES, IN SECTION 34, TOWNSHIP 49 SOLrrH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISI1NG OF .68 ACRES MORE OR LESS. This petition seeks to have certain property rezoned from "RSF-4' to "C-I." The objective is to allow for a proposed professional office facility. CONSIDERATIONS: The petitiover proposes to rezone the above referenced site to C-I utili~ng the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designaled Urban Mixed Use, Urban Residential on the FLUE. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain indus~al and commercial uses. The Commercial (C-1) zoning is allowed in the Urban Residential Sub-district subject to the Commercial Under Criteria as contained in the FLUE. The currently approved Commemial Under Criteria applies to sites that are located outs/de of an Activity Center and are bounded on two sides by improved commercial property or commercial zoning. For the purposes of this commercial under criteria provision, "bounded on bo~ sides" may include an intervening street. Since the subject site is bounded by two interv~iag local streets, the Board of County Commiss/onei's must interpret that an intervening street can be on both sides of the subject site. The other applicable criter/a includes the follow/nE: 1) The property should not exceed 200 fect in w/dth, although the width may be greater at the discret/on of the Board of County Commissioners; 2) The site has frontage on an arterial road; 3) The site is located in sa area generally commercial in character; 4) The depth ofthe site does not exceed the depth ofthe adjacent commerdal property along the arterial road; 5) The proposed use must not generate in excess of ~ve percent ortho level of saw/ce "C" design capacity on abutting streets that provide access to the project; ami 6) The proposed use must not exceed a floor area of 25,000 square feet. Uses that meet the intent of the C-1/'I' Commercial Professional/Transitional District are only required to be bounded on one side by improved commercial property or consistent cc, mmercial zoning. [It should be noted that the Board of County Commissioners made an interpretation during the Decem~ 9, 1997 public hearing for the Veteran's Park Center PUD that the term an intervenln~ sireet did not apply to local roads.] 1 It should be noted :hat on October 28, 1997 the Board of County Commissioners approved amendments to the Growth Management Plan, based upon the Evaluation and Appraisal Report (EAR) that included revisions to the Future Land Use Element. The language of the Office and In-ffii Commercial Subqlistrict, which essentially replaces the Commercial Under Criteria provision include, the following changes: 1) For the purposes of this Sub-district, "abuts" and "abutting" exclude, intervming public street or right-of-way, ~ for an intervening ~ meet; 2) The si~e abuts a wad classified as an arterial or_coll~or as identified on the Future Traffic Circulation M~p; 3) The utilized for ~mmercial is 12 acr~ or le~s; 4) At the t/me ofdeveloI~nent, the project will be served by central public water and sewer, and 5) The elimination ofthe prov/sion~ that the proposed use must not generate in excess of five percent of the level of serv/ce "C' des/gn capacity on abutting ~reets and the proposed we must not exceed a floor ~ of 25,000 ~lUare feet. Staff's analysis indicates that the proposed rezone is consistent with the EAR-based amendments to the Office and In-fill Commercial Sub-district as follows: l) 13~ Avenue & 14~ Avenue are intervening local streets; 2) The site abuts Goodlette. Frank Road which is a collector road; 3) The site is less than 12 acres in size; 4) The site will be served by water and sewer, and 5) The depth of the requested commercial does not exceed the depth ofthe abutting commercial parcels. However, on December 24, 1997 the EAR-based amendments to the FLUE were found to be "not in compliance" by the Department of Community Affairs (DCA). Although, the DCA did not take issue with the revised language created for the Office and In-fill Commercial Sub-district as noted above. Since the compliance issue for the EAR-based Amendments have not been resolved at this time, the Office and In-fill Commercial Sub-district language is not in effect. Therefore, the BCC must find thh petition consistent with the existing Commercial Under Criteria for the approval of this petition. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RSF-4 to C-1 would not change any level of service relationship. The C-I district is intended to permit only those uses which minimize pedestrian and vehicular traffic. These uses are generally limited to professional offices and selected health services. Therefore, the proposal to provide insurance and accounting offices is in conformance with the C-1 Zoning District The petitioner states that the subject site currently contains two residential structure. If the petition to rezone the property is approved, the wood-frame ~ructure on Lot 20 will be demolished while the concrete block structure will be converted to office ~ace. The development of larger office ~ace may require that both structures be demolished. The proposed small professional offices meet the intent of the C-1 district and are intended to include the Mcintosh Allstate Insurance, the Community Insurance owned by McIntosh Enterprises Inc., as well as legal and accounting practices. Because ofthe small lot size, the maximum building area will be less than I0,000 square feet. This includes the 1,400 square feet from the existing structures that can be converted to office space. The traffic impact review indicates that the proposed "Professional Office" could generate approximately 246 trips on a weekday and 32 Ir/ps during the A.M. peak hour. As a result, the proposed use doesn't exceed the significance test on any roadway segment within the project's radius of development influence (PDI). In addition, Goodlette-Frank Road is a paved 6 lane arterial road fronting thc project. Thc current traffic count for this segment is 33,304 AADT whi ~.h r~It,= in ! nq "C" operation. Therefore, this petition is consistent with the Traffic Circulation Ele~ ~ent ,',~e Growth Management Plan. )(~ 2 2 4 1998 _ ,,2..._., A discussion of land use compatibility, a~ it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use £1ement of the Collier Cotmty Growth Management Plan. Stuff is of the opinion that thc proposed professional office usc is similar to the cxisling commercial uses in the area. Furthermore, thc professional office will generate approximately the same amount of vehicular trips as the existing chiropractor's office to thc north while it will generate less vehicular trips than the U.S. Post Office to the south. In addition, a Type "B' landscape buffer (as required by the Land Development Code) will be placed along the cast property line to screen the project from the adjacent residential properties. The site is also located within the Goodlettc-Frank Corridor Management Overlay (CMO) which provides supplemental zoning regulations which have been designed to develop greater consistency in design standards between Collier County and thc City of' Naples. The CMO increases the front setback recluirernent from 25 feet to 50 feet fi'om Goodlctte-Frank Road and provides an additional 25 foot setback for each additional floor. The landscaping requirements have been increased by requiring canopy trees with a minimum spread of 5 feet and a height of 10 feet at the time of' planting. These trees are to be placed every 30 feet in landscape areas. Lastly, access to the subject site will be limited to 14~ Avenue North which is signalized at the intersection with Goodlette-Frank Road. Therefore, Staff is of the opinion that the proposed zone change fi'om RSF.4 to C-I is compatible with the surrounding land uses. The Collier County Planning Commission reviewed this petition at their public hearing on February 19, 1998. They voted 8 to 0 to forward Petition R-97-12 to the Board of County Commissioners with a recommendation of approval subject to the ingress/egress being limited to 142 Avenue N. The Planning Commission also found that this petition is consistent with the Commercial Under Criteria that is currently in effect. It should be noted that two persons spoke in opposition to this petition. One person expressed concern over the trash on site and increased traffic on 13~ Avenue. The other person had concerns with parking and increased lraffic. Staff has also received a petition with nine signatures from residents on 14" Avenue. The petition expressed their opposition because of increased traffic and reduced security of the area from additional commercial uses. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACt: None. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended approval of Petition R-97, the Ordinance of Adoption and Exhibits made a part of this executive summary. 3 MAR 2 4 1998 PREPARED BY RAY ~ELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: ROg~ERT J. MULHERE, AICP, MA~AGZR CURRENT PLANNING S~,CTION ['x DONALD W. ARNOLD, AICP, DIRECTOR DATE DATE VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. R-97-I 2/EX SUMMARY/RVR/rb DATE 4 · AGENDA ITEM 7-D TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMdvllJNITY DEVELOPIV~NT SERVICES DIVISION JANUARY 20, 19911 PETITION NO: R-97-12, MCINTOSH OWNER/AGE~; Agent/Owner: Mr. Shanc Mclntosh 141 Fifth Strc-et N. Naples, Florida 34102 REQUESTED ACTION: This petition seeks to rezone certain property as herein described from its current classification of RSF-4 to C-1 to allow for a proposed professional office facility. GEOGRAPHIC LOCATION: The property is located on the east side of Goodlette-Frank Road between 13'~ Avenue North and 14'" Avenue North and is further described as the west 30 feet of Lots 16 & 21, all of Lots 17 & 20, and the east 20 feet of Lots 18 & 19, Gordon River Homes, in Section 34, Township 49 South, Range 25 east. (See location map following page.) P~URPOSE/DESCRIPTION OF PROJECT.'_ The petitioner proposes to rezone the above referenced site to C-1 utilizing the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Growth Management Plan. The site is currently designated Urban Mixed Use, Urban Residential on the FLUE. The Commercial Under Criteria for C-1 zoning applies to sites that are located outside of an Activity Center and are bounded on one side by approved commercial zoning. In addition, the property must meet the following criteria: 1) Have frontage on an arterial road; 2) Located in an area generally commercial in character; 3) The depth of the site will not exceed the depth of the adjacent commercial property along the arterial road. ?,4 City Of Naples O O LOT LOT. LOT 19 20 21 LOT LOT LOT 18 17 16 1 £xis~tng Dwelling 13th Avenue N. EXHIBIT "A" The petitioner states that the subject site currently contains two residential structures. Il'thc petition to rezone the property is approved, the wood-frame structure on Lot 20 will be demolis}p-d while the cencrete block structure will be converted to office space. The development of larger office space may require that both structures to be demolished. The proposed small professional offices meet the intent of the C-! district and are intended to include the McIntosh Allstate Insurance, the Community Insurance owned by McIntosh Enterprises Inc., as well as legal and accounting practices. Because of the small lot size, the maximum building area will be less than 10,000 square feet. This includes the 1,400 ~uare feet bom thc existing structures that can be converted to office space. SURROUNDING LAND USE AND ZONING: Existing: The subject site contains two existing dwellings and is zoned RSF-4. Surrounding: North - East - South - West - 14'" Avenue and a chiropractor's office (Zoned C-l) Vacant & single-family residential (Zoned RSF-4) 13" Avenue and U.S. Post Office (Zoned C-l) Goodlette.Frank Road & City of Naples GROWTH MANAGEMENT PLAN CONSISTENCY; This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element; The subject property is designated Urban Mixed Use/Urban Residential Sub-district by the Future Land Use Element and it's related FLUE Map. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain industrial and commercial uses. Commercial (C-l) zoning is allowed in the Urban Residential Sub- district subject to DCA approval of the Evaluation and Appraisal Report that contains the newly revised Commercial Under Criteria (See Exhibit "A"). The petition is also consistent with the current Commercial Under criteria if the interpretation that local streets do not interrupt abutting commercial zoning. The C-1 zoning is allowed since it is intended to permit only those uses which minimiz~ pedestrian and veMcular traffic. These uses are generally limited to professional offices and selected health services. Therefore, the proposal to provide insurance and accounting offices is consistent with the Commercial Under Criteria of the Grov,'th Management Plan. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action bom RSF-4 to C-I would not change any level of service relationship. Traffic Circulation Element: Thc traffic impact review indicates that thc proposed "l:Yofessional Office" could generate approximately 246 trips on a weekday and 32 trips during the A.M. peak hour. As a result, the proposed use doesn't exceed the significance test on any roadway segment within the project's radius of development infl,ence (RDI). In addition, Goodlette-Frank Road is a paved 6 lane collector road fronting the project. The current traffic count for this segment is 33,30-~ AADT which results in LOS "C" operation. Other Applicable Elements: Staff review indicates that this petition has been de: for the necessary relationships dictated by the Growth Management Plan. Mitigati stipulations have been developed (where appropriate) to ensure consistency with the 2 GMP during the I AR 2 4, 1998 permitting process. Development permitted by the approval of this petiiion will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this i-'","pos':d rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards Mil be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests maintained. Consistency with the goals, objectives and policies of other applicable elements of the GM? and level of service relationships are to be achieved by stipulations ,nd/or development commitments made a part of the approval of this development order. Given the fact that this property is only .62 acres in area, impacts on Level of Service relationships are negligible unless there is a current deficiency which there is not. HISTORIC/ARCHAEOLOGICAL IMPACT' Staffs analysis indicates that the petitioner's property is located outside an area of Mstofical and archaeological probability as referenced on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENXrIRONMENTAL. TRANSPORTATION AND INFRASTRUCTIYRE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced property. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape conditions which are attached to the rezoning action or cause development commitments to be formulated to achieve GMP and LDC requirements. The petition was administratively reviewed on behalf of the EAB. Environmental staff recommended that an appropriate portion of native vegetation be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. All other conditions are included in the development order. In addition, the Transportation Department has indicated that the proposal to eliminate access from 13~ Avenue and permit access only by way of 14~' avenue will assist in providing adequate traffic circulation for the site. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship to the long range plan for future land uses. Fhe most impo~ rant facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not effect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, compreh~sive ove~ew of the impacts of the proposed land use change, by they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria as noted below. Each criteria is categorized as either pro or eon or not applicable, whichever the case may be, in the opinion of staff. Staffs review of each ofthe criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Future and Existing Land Use.~ - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the FLUE of the Collier County Growth Management Plan. With rcgard to the development of the proposed professional office, the Commercial Under Criteria provisions contained in the FLUE allow for C-1 zoning when the site is located outside of an Activity Center and is bounded on one side by approved commercial zoning. This petition is consistent with the EAR amendments to the FLUE based on the following relationship: I) The property is adjacent to a commercial use that is zoned C-l; 2) The site fi'onts on an arterial road; 3) The site is less than 12 acres and is located in an area generally commercial in character;, ,~) The project uses are limited to low intensity office. It should be noted that this petition is consistent with the newly revised Office and In-fill Commercial Subdistrict language that is pending ratification by the DCA. .C-,.~al?.a.tJ]~ - Staff is of the opinion that the proposed professional office use is similar to the existing commercial uses in the area. Furthermore, the professional office will generate approximately the same amount of vehicular trips as the existing chiropractor's office to the north while it will generate less vehicular trips than the U.S. Post Office to the south. A landscape buffer will be placed along the cast property line to screen the project from the adjacent residential properties. Therefore, the proposed zone change bom RSF-4 to C-I is compatible with the surrounding land uses. Timing - There are no issues of timing inasmuch as the surrounding cnvirortment is developed and is serviced with an optimum level of community infi'astructttre. Tra~c - A transportation planning review indicates that a professional office will generate approximately 246 trips on a weekday. As a result, the proposed use doesn't exceed the significance test on any roadway segment within the project's radius of development influence (RI)I). Therefore, this petition will not significantly impact traffic circulation or lower any level ofservi .~ ~t~ 4 2 4 19984 _ ~STAFF RECOMMENDATION: That petition R-97-12 be forwarded to the BCC with a recommendation of approval subject to the stipulations contained in the attached Ordinance. PREPARED BY: RAY ~:LLOWS PR.INC~AL PLANNER REVIEWED BY: CImRENT PLANNING MANAGER DONALD W. ARNOLD, AICP PLANNIN~G SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR, AICP COMMUN'ITY DEV. AND ENVIRONMENTAL SVCS. Petition Number R-97-12 StaffReport for February 19, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN R-97-12/STAFF REPORT/RVB/rb DATE DATE MAR 2 4 1998 P1._// REZONE FINDINGS PETITION R-97-12 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: 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; Development Orders deemed consistent with all applicable elements of the FLUE cf thc GMP should be considered a positive relationship. The petition is also consistent with the Commercial Under Criteria contained in the FLUE. None Summary Finding_s; The proposed C-1 Zoning District is in compliance with the Future Land Use Element of the Growth Management Plan. The proposed professional office is consistent with the C-1/r zoning District. e The existing land use pattern; Pro: There are existing commercial uses on the nearby C-1 zoned properties to the north and south. Con.'_ The vacant RSF-4 property adjacent to the east is part of an existing residential neighborhood. Summary_ Findings; The subject site fronts on a major an~ial road and is located between 13~' Avenue and 14'a Avenue. To the north is an existing chiropractor's office while the land to the south contains a U.S. Post Office. As a result, the subject site is not suitable for residential uses. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to the approved C-I properties to the north and south. Con.' Evaluation not applicable. e ,Summary_ Finding: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located adjacent to existing and approved C-I zoned properties. It is also consistent with expected land uses by virtue of its location consistent with the Commercial Under Criteria within the Futura Land Usc Element. ~'nether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they ~ consistent with the FlUE of the GMP. Con'. None. Summary_ Findings; Adjacent land to the north and south are zoned C-1. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because the proposed C-1/T Zoning would fill the gap in the current C-1 Zoning along Goodlette-Frank Road. Therefore, the relationship of the proposed zone change to the FLUE (Furore Land Use Element of the Growth Management Plan) is a positive one. Con; None. Summary_ Findings: The property owner has not been able to rent the property for residential uses at this location. Whether the proposed change will adversely influence living conditions in the neighborhood; Pa:m (~) Commemial properties to the north & zouth currently operate without adversely impacting traffic circulation in the area. By virtue of this fact it is reasonable that one assume that there will be little potential for adverse impacts from the proposed professional office that fronts on Goodlette Road and has access onto 14'" Avenue. (ii) Recommended mitigation actions made a condition of approval will go a long way towards off-setting any potential adverse influences on the residential communities in the area. Con: (i) The additional commercial access point could cause increased noise and traffic impacts on the nearby residences. However, due to the small size of the site and the proposed professional office use, the acces: roads should not adversely impact the adjacent RSF-4 L__~._. /3 Summary_ Findin_~s: There are many sites which are zoned to accommodate the proposed professional office. This is not the determining factor when evaluating the appropriat~ss of a rezoning decision. The detezminants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastm~ and to some extent the timing of thc action and all ofthe above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Evaluation not applicable. Summaw Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Evaluation not applicable. ~;umma~' Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-97-12/RV~tb f Business Parks located within Interstate Activ{ty Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Act~ Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of indMdual building parcels and general standards for buffering, land. sc. aping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an artedal in the Traffic Circulation Sub- Element. i Business Parks are encouraged to u'di~ze PUD zoning. j The ma.~mum add'rtional acreage eligible to be utilized for a Business Park Subdistflct within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. · 6. Office and In-fill Commercial Subd~=~;.Hct The intent of this Subdistrict is to allow Iow intensity office commerdal or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lover intensity office commercial development attracts Iow traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The crfteria r~-ted below must be met for any project utilizing this Subdistrict. For purposes of this Subdistfict, 'abuts' and 'abutting' excludes intervening public street, easement (other than u13TrtJes) or right-of-way, except for an intervening local street; and 'commercial' refers to C-1 through C-5 zoning districts and commerdal components of PUDs. a. The subject site abuts a road classified as an artedal or collector as identified on the F'rve Year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element. b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; .. c. The site abuts commercial zoning: (i) on one side and non-commercial zoning on the other side; or, (i0on both sides; d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); e. Project uses are limited to office or Iow intensity commercial, except for land abutting commerdai zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intens~ abutting commercial zoning district; f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of development, the project will be served by central public water and sewer; and h. The project will be compatible with existing land uses and permitted futur~ land uses on surrounding properties. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand. j. The maximum acreage eligible to be ulfl[zad for the ~ and Infiil Subdistrict within the Urban-Mixed Use District is 250 acres. 21 MAR A 1998 APPLICATION FOR STANDARD REZONE :"'" '?" COO~INATING 'P~~:' .Raymond' V,--Bellows : ,.... ~:(AG~T) ........ ........ .... --.~-~..~'..--. ~.3~'... · .....~ - ,.-.. ... . . .,. ~ .,. . ..... . · . ...'~41"~'ift~"S~r~e% ~N~..Naples.,..~lA.. '}4102 'PHO~:. 649-6118 . D~AILED 'LEG~:DEScRIPTION OF..S~JE~ PROP~TY SE~ION:~P ~ · ~O~SHIP: -' -' ' '4~ """ .... ~GE: 25 Homes plus East 20' o'f"lot 19~.lot 20 a~d WeSt ~0' of lot 2~'Oo~don River Homes.. : LAND USE , N C-1 Chiropractor PROPERTY I.D. #: 46570600004/~.6570640006 SIZE OF PROPERTY: 110 FT. X. 270 FT. ACRES: .68 GENERA~ LOCATION OF SUBJECT PROPERTY:Goodlette Road between l~th. &:l~th. N. ADJACENT ZONING AND LAND USE ZONING : C-1 · S U.S. Postoffice Vacant Lot / Single Family Home E RSF-4 W CR-851 EXISTING ZONING: RSF-4 Major Roadway with park / green bel~ REQUESTED ZONING: C-1 PROPOSED LAND USE OR RANGE OF USES (OPTIONAL):_ ~=1! office building built in the 01d Florida style. DOES PROPERTY OWNER OWN CONTIGUOUS 'PROPERTY 'TO THE 'SUBJECT 'PROPERTY? ~IF SO,.GIVE COMPLETE LEGAL~DESCRIPTION .OF.ENTIRE CONTIGUOUS PROPERTY: · ~ ..'!..: t klread~..indl ~ in'. ..:.-.:' 'PUBLIC HEARING =FOR :A'-.'R. EZONE:~. EE~. ::HELD?ON ~THiS ~.PROPERTY '-WITHIN THE PAST ~ 12 .MONTHS? .['-IF ~ES ,' [PLEASe. '.WRITE -THE' ;~EZONE ,APPLICATION ;~O F"N ~A~ ": :'"" IS THIS..PROPERTY CURRENTLY ..VACANT? ~-f.'.': ':'~'YES ~.i.;:~.:--~[ NO'-'":"IF THE ANSWER IS NO PLEASE DESCRIBE THE CURRENT LAND USE A~D ALL EXISTING STRUCTURES. · .Two' si~g.le ..f~mily ~h;'mes in'n;;~ ~,;;"ir~."~'i~",: :!-jvery....diffic~lt rental due to location of. Goodlette. ·Road %.: .-;'--:.'-~,;'.---'...~. ;:- ..-.' "." · .. · ' ..... :.1'- i'.' . . ' ";: -::' ' ""- ::~ ' '.; :' *'.::~.~-:.~'~.;.' '" ":.~"~' '. ""-' .":-'~" .... : '~".'. ' ' .'. '~ .... .-. - .... ' . '.. i ". ....... - ...... ,~ ....... ,---~----~--o °-~-'T. ....... f "' ....... '. ' SIG~ATU'RE OF PETITIONER O'R AGENT .' '--., . ~'..~ DATE If petitioner is a corporation other than a public corporation, indicate and name officers and major stockholders. If petitioner is a land trust, so indicate and beneficiaries. " If petitioner is a Partnership, l~mited partnership or other business entity, so indicate and name principals. If petitioner is a lessee, attache copy of lease, and indicate actual owners if not indicated on th~ lease. If petitioner is a contract purchaser, attache copy of contract, and indicate actual owners name and address. STAND REZONE APP/md/14864 . . . . .. . .~ - . . · ~-'. '.. ... · . . . . , . ~.'. :-.~:~..'~'. ~': .. ;.'- . ,.,..~' . - . .. .' the sub~ect-.~atter iof. %ge'~r6~se'~.fi~aring¥,;~'~t ~lllthe'.:ans~erS to the~ ' ~ Su~plem'entary ~ter ]'a~taChe~ ~6'.ahd ma'de'~a~:P~r~59f {thi~"~Dlic~t$oH; ." .... : - . ' ' ' ' . '.' .'.. ' · '~'~ -I:. .'.'~ .~'~'.:':Z-'.~-.,.. , ·' ..... .' .- ' ' to act as..my .representa~ive ~n a~y ~atters .regar~i~ this:petitiOn. ~ . .. ~ .,~.- .k . . ." ...' · - .-~:. ,~ ..';.;_].:,,,~.'...~.;~.-&,'. :~.,;ji' .',~: '. · . · - . .:: --. .. - .~. : -. ~ ...'?.. ~.'.:., .' . .- .. .. . '. · - ~ -. e. ' : --~e'a ~. -sa :. ) . .~'.. ~' · ..~-~ . - , '" ' ..~...... ,~.~;.c.:.' ~ '-', ·" ~tate of Florida The foregoing Agreement Shoot w~s ackn0Oledg~d"'be~o'~ 'm& t~is day of , 199 by .... ~ho is. personally known to me or who has" produced identification and who did (did not) take an oath... (Signature of Notary Public) -NOTARY PUBLIC Commission # My Commission Expires: Utility provisions Conditional Uses and Rezones ...'~ :'TYPE OF %;A~ER SERVICE TO 'BE'"PROVIDED '(Ch~ck applicab'le system): · A. -. C°UNTY SYSTEM ]~/A..' B. CITY SYSTm.! Central C. FRINCHISED SYSTEM N/_~. NA/4E :-N/A' D. 'PRIVATE SY ST F2'~_ ~/.~. 6. TOTAL POPULATION TO BE SERVED:_ 7. PEAK AND AVERAGE DAILY DEMANDES: 1. WATER-PEAK 100 ga! 2. SEWER-PEAK_ 100 gal AVERAGE DAILY 100 AVERAGE DAILY 1uo 8. IF PROPOSING TO CONNECT TO COLLIER~fNTY REGIONAL WATER SYST~., DATE SERVICE EXPECTED TO BE REQUIRED: 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well. as.a specific statemen~ regarding the method of affluent and sludge disposal. If percolation ponds are to'be 'used, then percolation"data'of soil involved shall be provided from tests prepared by a professional engineer. .' v t n ';: mi he'd b ~.the' o,,',er 'should be provided 10. A statement, in ri i g, .. g Y agzeeing to'deed to the County'Utilities the ~ater distribution and sewage collection fac'ilitie~ 'QSt~in.' th~.'~%~ec% ~ea upon .com~letio, of '~ 'the ·construction of ~ thes~2~facili~l~a.in 'accOrdance . with' pplicable ~ "' , County ordinanc~ - ~hiS~ate~ent"~sh'0U~'~.' alS'6~ 'ihclude agreement that ' , .applicable· system de~e~p~gn~,.ch~rges...:~ndz'co~nection zfees will ~"-~'"'fto ~.t~%CCo~htY Utiliti~s~.bi~i~ioS~P'r'i0~'~{~.,~he~'~issd~nce Of building ~ - ~'. ..... ".. · . . .. ,;.... - . . .... f. .. . . .,.'-., . - -- ~ ~-- ---- .,.. · . · . - ~, , - ~. .: ' "pe~it~ · by~the?.~County:&Co~untty}-~ev~lopmgnt nDivision.":~The ~tateme~t ' "~ ~' ~h6~d ~'iso ':cS'n~in %~r&~nt'-~6"de~i6~t~'~aPP~iate .Utility ' . ...... .' . - .~ .... · ,'.- ,.'~',.-.f~--~ ~--' ~;~. ,~,~' ~ -'~" ~,' ~".. ' · ~ ' ' ' ' ' · ~- ' for_servin ~the.~ater ',and .~wer..~ystems~,r:-~..-' ....... "'U .... : =-'" " · -- .'...~..'."-.. . .... '. ,-F: . ;.'... >.~.~,~.~.~,~ " .~'-- ~ .'~ ~. · ,-., .... ,:~, .~'~.~,',~'.~ .~. ~' * ~. ~'-~.'-:-'-'~ ....... ' ..... ~r ........ ' .....-' ..-~.~.'~ ~.~ · '- ~ ? ~'.~%~ ~'~.'."~ ~ ".~ ..... . · ' " · .. ~ .. · ,..,~ ..... ~. . · , ...... .,..r~. ~ ....... . ~ . .......... APPROVER: COM/~ENTS: UTILITIES ADMINISTRATOR (I) City water already provided to the site with City sewer not available until commercial zoning i5 in place. Refer to map and survey for further details. V. Vicinity Map: The McIntosh Center is located contiguous to Goodlette Road between 13th. and 14th. Ave. N. with C-1 zoning on both sides. VI. Commitments of Petitioner: Petitioner intends to install natural and/or man made buffer material between adjoining residential properties. VII. Support Information: (A)(1) The proposed uses are small professional offices under C-1 Zoning. (2) The site size is currently .68 of 1 (one) acre. (3) There will be no internal roads. (4) N/A (5) (A) We intend to move McIntosh Allstate Insurance fi.om 41 9Th. St. S. as well as Commun/ty Insurance owned by Mcintosh Enterprises Inc. to the site. We currently serve clients throughout Collier County. (B) In acldition to the Insurance Offices we would encourage Legal and Accounting practices as well as possibly a Real Estate Office. Due to parking demands we will not accept medical practices. (C) Under current Zoning the ma.mum building size would be less than 10,000 +- Square feet. We will currently have 1400 +- square feet fi.om the ex/sting building that will be converted to office space. (D) There is approximately enough space for 45 vehicles if all available space was utilized. The proposed tenants require 6 to 8 parking spaces includlng handicapped areas. (E) Six people will be employed at the site as it is now proposed. (6) N/A (7) Street lighting is currently available. (8) The City police are less than 1 (one) mile south, fire stations are located North and South 1 1/2 miles away, Lake Park elementary school is located 1 Block North and Fleischmann park is less than 1/4 mile North. (A) N/A (B) The site qualifies as Office and In-Fill Commercial Subdistrict as was recently adopted by the Board of Count)' Commissioners. (C) Traffic Impact Analysis: The site at maximum build out under current zoning laws for 10,000 4-- square feet or less is :246 trips per day. Goodlette MAR 2 4 1998 po. ,,?-/ Road is 6 Lanes with a current tra~¢ count of 33,000 trips per day with a Service Level of C. (E) (1) Directly North ofthe site is the Boritz Chiropractic Office which was under similar circumstance and ch,~ged from RSF-4 to C-1. (2) N/A (3) Duc to the locational obsolesce of the Post office tr,~c to the South, the Chiropractor to the North and Goodlette Road to the West, the property is no longer suitable for single family housing. The rent that is obtaim~]e on both structures is 3040% below market. Because of the property location, safety for cMidren of tenants is of great concern. (1~ N/A (G) N/A Traffic Impact Statement Minor: 1. At maximum build out of less than 10,000 +- square feet under current zoning the maximum trip generation is 246 cars per day. Major 2: N/A (1) Trip Generation: Annual Average 50 cars/day in and offseason with 9:00am being heaviest travel time. (2) N/A (3) Existing Traffic: The subject site is located contiguous to Ooodlette Road which is 6 lanes with a traffic count of 33,000 vehicles per day at a level C ser~ce. (4) The proposed zoning change will have little affect on existing (5) The proposed elimination of the 13th. Ave. curb cut will improve traffic eliminating vehicles entering the property bom the West. A curb cut may remain for West bound traffic from 13th. Ave. N. (6) N/A (7) N/A Sincerely- Shane Alan Mcl. ntosh COMMUNITY INSURANCE "We're Good For Your Health" Shane Alan Mclntosh - President December 2, 1997 Raymond V. Bellows -Principal PJ~ner Community Dev. & Env. Services 2800 lq. Horseshoe Drive Naples, l~.orida 34104 Re: Mcintosh Professional Center Mr. Bellows: The following is a cross reference for the Re-Zone check list. I. Attached II. Attached III. N/A IV. (A & B) refer to survey. (C) The structure on the North end of the property is slated for demolition. The structure on the South end ,~511 be renovated and used as professional office space. (D) Par'king will be available to the North oft.he Southern structure that will remain and along the buffer area to the West. (E) The existing vegetation will remain with a mound landscaped buffer running along the Goodlene Road frontage. The comers will be built with flower or plant material. (F) Access will be from 14th. Ave. N., West of the current driveway. The 13th. Ave. N. exit is proposed for elimination. (G) Internally traffic will circle around the property exiting back out onto 14th Ave. N. (H) Storm water drains are at both ends of the property. Office (941) 436-5864 · 141 5th St. N. Naples. FL. 34102 · Fax (~ 0 0 2.00 I .'I .'.'.',: ,'. '.~ 5...~':-./"-'-':'~':'. :,.;~,~:'. v'. -. ~ 13TH. ABE:';.:-: NOP, T.-: 3.." R/W c~:',:~.~*: STATE OF FLORIDA~ COL~"~' OF COLLIER~ 2 PUZc 84 Public Records, Collicr C~m)'. F:. t%,da, th',:: s...'. -': : f ;:.' ~heve ~:it:~ pre~.-;.',' u-u v,'~.~ u:.~:.' :: ~.. . T.-chnic~! Sufldar~ L~ p~r Ch.'~pter 6] GiT-~ Flori~ A~r..i,~i.~:;ztivc C~ ........ ,'.re nfl cn;ro,;:~¢.~t~ other tlu.~ s.~n'x:,. ;,' ~-. c!i~ms of cas~meflt$ of wl~ch wc ha,,.c 'kno~lcd~t. ,~o tit~: s=~h I,.,ts L~ o...---~'-. ~.. :.%c S,rYcyu~r run in from B~ 30LJND.%.t:Y SURVEY PORTE1 ~4 LINV.'O0 .,e:,'~l.E: !- . :. ltitAR ~,~. 'lgg8 .ii 110.00 ~o' (~) LOT 1 g 0 0 -S '89'50'08" E 2o' (P) z (.) DwEUJNG ',- m ~l ~J S.'8@'50'08" E :', i' '00. (?) T~E EAST 20 FEET I T.-.E '~='$T 30 OF LOT 1Bi LOT 17 FEET 0-' LOT 26.1' - 'C '_-J. ~' (~) RE u m.~D£ R .~'0= LO: 21 o O 6'. "'.C &5 \ -'.r 5-' ~ 'E · '...'-C= ~" LC' ' E "-: '.'. =o-te%c. Sr., o RegFstered Lcnd Surveyo- i~ t.'.,: S'=:e. cf =c':c'., here=>, ce-tlr) t¢ S=Jt.-.vjs'. ~c', c' ; · J s,.;cessor c~U cssi~ns, Wiilic.'.-. Schwe;kho~dt. Atto,--.;- "~t.e '.'.s.oc-ce - '. ::..%~.~ .'. .~tCCP.£O, }'.,',., · '-. :s' :D 'eot o~ .or lg, All of Lot 20, Grid the West 2i '.:et of .o'. 2;, Gc-,'~- R:~e- -G--.es. ':"; t= ?e ;);ct ;n P:ot Eook 2, Po0e 8~, · = .-',c ~c .=,ecorcs cf Collie: County, lrloHdc. Thor o surve/ "... the ¢='-,e CeSCr;oe~ proDerty wes -.C.:- :-~. meets the Minimum Technicol Stondords os po, C~c~te: 61C,!?-S ' .?' -'-2.227, F;c-~dc Stctutes. Tne;e crc no vis~le encrnc:'.ments otter thc.'. Showr., no ecsements o,' c:c'.-ns c' · e-e-~.~ of which ~,-. hove knowledge. No tltle ~eorc.'t. hc$ bee~ mode ~! the · '-:'=-s =-e .,.G ..... r~n in from B" City B.~.!. G-5 "''..s c'e cssum, e~ · *;:' ':'~.'..a :s '-=:2 14TH Avenue North. No~ies, '-":'::' '= '- r:occ .":ne 'AE' · "C' ' 'tO '.;'.vIC'Ce iS P-,.O' ' s v. ;:';e;c. $'. P.S #450-' · ,=.'c °-ess s;g-.ec and seole~ -:'- :,os--et sec!. TO: Collier County Planning Commission RE: Petition No. R-97-12 DATE: 02-17-98 This is a written comment to oppose the rezone request of Petition No. R-97-12, Shane and Cindi Mcintosh, to rezone from RSF-4 to C-I/T for a professional office building for property located on Goodlette Road between 13th Avenue North 14th Avenue North, located in section 24, Township 49 South, Range 25 East, Collier County, Florida, coneisting of .68 acres. I feel any re=oning will negatively impact my household and my neighbors. An office building on the above property lower the quality of Iivin~ in the neighborhood, negatively impact the peace, increase th~ already heavy traffic and reduce our security and safety. I want to maintain the quality of life in the neighborhood at the level we have it now. I also fear that if an office building were built that the owners would annex themselves into the city ~ust the chiropractic office on the corner of 14th Avenue North did and do not want the city encroaching any further into the neighborhood. ,I think that the tame for the public hearing on this matter favors everyone but the resident~ of my nwighbo~:'l~od, the of whom are working people who do not have the leisure to miss work to attend ~uch hearings. I am therefore providing copies of this letter to my immediate neighbors to sign if they wish. We are of like mind in opposing the re:oning request. Naples, FL 34102 MAR 2 1998{ TO: Collier County Planning Commission R£: Petition No. ~ DAT£: ? This is a written comment to oppose the rezone request of Petition · No. R-BT-12, Shane and Cindi Mcintosh, to rezone from RSF-4 to C-1/T ~ a pro£essional office building for property located on Goodlette Road between 13th Avenue North 14th Avenue North, Located in section 34, Township 49 South, Range 25 East, Collier County, Florida, consistin9 of .68 acres. I fee~ any re o ~ ning will negatively impact my household mnd my neighbors. An office building on the above property lower the quality of living in the neighborhood, negatively impact the peace, increase -. th~ already heavy ~ra£~ic and reduce our security and safety. I want to maintain the quality o£ ~ife in the neighborhood st the level we have it ncw. I a~so ~ear that i~ an o~ice building were -o built that the owners would annex themselves into the city ~ust the chiropractic office on the corner of 14th Avenue North did and I do not want the city encroaching any further int~ the neighborhood. .: ,I think that the time for the public hearing on this matter favors everyone but the residents of my neighborhood, the ma3ority . of whom are working people who do no~ have the leisure to miss work .. to attend such hearings. I sm therefore providing copies of this "~ letter to my immediate neighbors to sign if they wi~h. We are of like mind in opposing the re:oning request. Resident, : ~---<~ 14th Avenue North Naples, FL 34102 MAR g 1998 TO: Collier County Planning Commission RE: Petition No. R-97-12 DATE: 02-17-98 This is a written comment to oppose the rezone request of Petition No. R-97-12, Shane and Cindi Mcintosh, to rezone from RSF-4 to C-I/T for a professional office building fo~ property located on Ooodlstte Road between 13th Avenue North 14th Avenue North, located in section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting of .68 acres. I feel any rezoning will negatively impact my household and my neighbors. An office building on the above property lower the quality of living in the neighborhood, negatively impact the peace, increase the already heavy traffic and reduce our security and safety. I want to maintain the quality of life in the neighborhood at the level we have it now. I also fear that if an office building were built that the owners would annex themselves into the city ~ust as the chiropractic office on the corner of 14th Avenue North did and I do not want the city encroaching any further int~ the neighborhood. ,I think that the time for the public hearing on this ma,%er favcrs everyone but the residents of my neighborhood, the mmJorit~ of whom are ~orking people who do not have the leisure Jo miss work to attend such hearings. I am therefore providing copies of this letter to my immediate neighbors to sign if they wish. We are of like mind in oppcsing the rezoning request. Resident, . ~ 13 ¢ 4th orth ! Naples, FL 34~02 TO: Collier County Planning Commission RE: Petition No. R-97-12 DATE: 02-17-98 This is a written comment to oppose the rezone request of Petition R-97-12, Shahs and Cindi Mcintosh, to rezone from RSF-4 to C-I/T for a professional office building for property located on Ooodlette Road between 13th Avenue North 14th Avenue North, located in section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting of .68 acres. I feel any rezoning will negatively impact my household and my neighbors. An office building on the above property lower the quality of living in the neighborhood, negatively impact the peace, increase the already heavy traffic and reduce our security and safety. ! I want to maintain the quality of life in the neighborhood at the o level ye have it now. I also fear that if an office building were 'oW built that the owners would annex themselves into the city ~ust as the chiropractic office on the corner of 14th Avenue North did and I do not want the city encroaching any further into the neighborhood. ,I think that the time for the public hearing on this matter favors everyone but the residents of my neighborhood, the majority " of whom are working people who do not have the leisure to miss work to attend such hearings. I am therefore providing copies of this letter to my immediate neighbors to sign if they wish. We are of like mind in opposing the rezoning request. Resi . ' ? /3 ~' V 14th Avenue North Naples, FL 34102 1998 _ TO: Collier County Planning Commission RE: Petition No. R-97-~2 DATE: 02-~?-9B This is a written comment to oppose the rezone request of Petition No. R-97-12, Shane and Cindi Mcintosh, to rezone from RSF-4 to C-Z/T for a professional office building for property located on Goodlette Road between 13th Avenue North 14th Avenue North, located in section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting of .68 acres. I feel any rezoning will negatively impact my household and my neighbors. An office building on the above 'property lower the quality of living in the neighborhood, negatively impact the peace, increase the already heavy traffic and reduce our security and safety. I want to maintain the quality of life in the neighborhood at the level we have it now. I also fear that if an office building were built that the owners would annex themselves into the city ~ust as the chiropractic office on the corner of 14th Avenue North did and I do not want the city encroaching any further int~ the neighborhood. ,I think that the time for the public hearing on this matter favors everyone but the residents of my neighborhood, the majority of whom are working people who do not have the leisure to miss work to attend such hearings. I am therefore providing copies of this letter to my immediate neighbors %o sign if they wish. We are of like mind in opposing the rezoning request. Naples, FL 34102 30 TO: Collier County Planning Commission RE: Petition No. R-S7-12 DATE: 02-17-98 This is a written comment to oppose the rezone request of Petition No. R-97-12, Shine and Cindi Mcintoah, to rezone from RSF-4 to C-1;T for a professional office building for property located on Ooodlet%e Road between 13th Avenue North 14th Avenue North, located in section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting of .6S acres. I feel any rezoning will negatively impact my household and my neighbors. An office building on the above property lower the quality of laving in the neighborhood, negatively impact the peace, increase the already heavy traffic and reduce our security and safety. I want to maintain the quality of life in the neighborhood at the eevel we have it now. I also fear that if an office building were . built that the owners would annex themselves into the city ~ust as the chiropractic office on the corner of 14th Avenue North did and I d: not want the city encroaching any further into the neighborhood. · think that the time for the public hearing on this matter favor=.- everyone but the residents of my neighborhood, the mu3orit? of whom are working people who do not have the leisure to miss work t: attend such hearings. I am therefore providing copies of this letter to my immediate neighbors to sign if they wish. We are of like mind in opposing the re=oning request. /~14th Avenue North eNaples, FL 34102 1998 TO: Collier County Planni.g Commission R£= Petition No. R-B?-12 DAT£: No. R-97-12, Shane and Cindi Mcintomh, to rezone ~rom RSF-4 to C-I/T a pro~essional o~ice building ~or property Located on Good~ette Road between 13th Avenue North 14th Avenue North, loclted in sectioa 34, Township 49 South, Range 25 Eas%t Coll£er County, Floridat consisting o~ .68 acres. I ~eel any reposing will negatively impact my household mad my neighbors. An office building on the above property ~ower the of living in the neighborhood, negatively impact the peace, increase the already heavy tra££ic and reduce our security and I want to maintain the qusl£ty o£ li~e ia the neighborhood at the ~evel we have it ~ow. I a~so ~ear that i~ an o~£ice building were built that the owners would annex themselves into the city ~ust as the chiropractic o££ice on the corner o£ 14th Aveaue North did and d~ not want the city encroaching any ~urther int~ the neighborhood. ,I think that the time ~or the public hearing on this matter £avors everyone but the residents o£ my neighborhood, the o£ whom are working people who do not have the leisure ~o miss work to attend such hearings. ! am there£ore providi~g copies o£ this letter to my immediate neighbors to s~gn i~ they wish. W~ are o~ ~ind in opposing the reposing request. ~esident, ~ Naples, FL ~4102 MAR A 199 1 RE: ?~LLLcr. !~o. R-~?-L~ DA?E: ~2-17-~ Ti. ia t- a written c~azent to opp:~e the re one R-.aT-L2, ~har, e and Cind£ M¢intesh. to re:one ~rom R$?-4 to C-I/T fcr a p:ofesnLonal o~f$ce buLld$ng ~or property located on Goodlette Road Avenue North 14th Avenue };orth, located in ~ection 34, Tewnzhip 49 Eouth, Rat, ge -e__ £axt, Cci/Let Cou~t~, r:oo~-. .... ccr. sLztLr, a Z ~e~Z any rezo~L~a v£1L ~ega::veZy £~pu:: n7 houaehoZE a~d ~? ~e~gh~ors. An o5££ce Lu£ldtng on the a:ove property Lower the qua!try :?.~ -'.h::c;ra:'.'_c ¢~'SLze a:. :he cccr. ec cf 14t?. A.'e:.u> :1o~''.1. all_~ ar~J ' -~; r,:.'. '4ac. t t.~,.~ c/tv MAR 2 4 1998 TC: C~ll£er Cc,...t7 Planntn9 Commi~£ion DATS: a pro~ezzional office buildin9 fo~ property locate~ on Goodlette between l~th Avenue Ho~th 14th Avenue North, located in sectlo:: ~4. · .ve.y impac~ m'~ household amd I fee a~.y r,nonir,~ wall nepat' :.-.!ghbo:'z. Ar. o~ftce bulldin~ on the above proper~y lower the qua!i~7 of.,''vin~ ir. the ne~chborhoo~,, ne=atl'~ely, ira&act the ~eace, 1 s -/ ! 2o 11 1s 2~ 20 NO. ~- AN ORD:N~CE ~q£NDING OROZNR~CE NUHB£R 91-102, TH£ COLLI£R COUNTY ~ID COD: NHZCH EST~LISHED THE C~HE~S~VE Z~ING RE~TZONS FOR THE ~ZNCOR~O~TED ~ Or ~ZER C~Y, ~RZ~, BY ~DI~G THE O~CI~ Z~ZNG A~ N~SER 9534N BY C~GZNG THE ZONING 13~ A~ NORT~ ~O 14~ A~E NORTH SE~IO~ 34, T~SHIP 49 S~H, ~GE 25 ~T, COLLIER C~, ~RI~, ~ ~F-4 TO C-1 FOR A PRO~SSIO~ OFFICE PROVZDZNG ~R STAFF ~D p~ZNG C~ZSSZON STIPU~TIO~S~ ~D BY p~ZDZNG ~ DAT E. #MEREAS, Shane and Clndi ~clntosh petitioned the Board of Coun:y Co~==issioners to change the zoning classification of the herein described zeal property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COe~dISSION£RS or COLLIER COUNTY, F~ORIDA: SECTIOtl ONE: The zoning classification of the real pzope::y as mote par:Lcula:~y desc:tbed by Exhibit 'A', attached he=eta and ~nco:poga:ed by ge~e:e~ce herein, a~d [ocated tn Section 34, Townshlp 49 South, Range 25 East, Col!let County, Florida, changed ~r~ RSF-4 to C-~ and the Official Zoning Atlas ~ap ~-~e: ~534~, a~ described tn Ordinance 9[-[02, the Coun:y Land ~eve[o~ent Code ts hete~y a~ended acc~:d:ng[y. The he:ein described =esl property ts the same fo= which the rezone is he=eDy approved sub)mc: to the following conditions: 1. An app=optiate portion of ns:ire vegeta:ion shall be :etatneO on site as =equt:ed ~n Sec:ion 3.9.5.5.4. Collier County Land ~velopmen: Code. 2. ~ exotic vegetation removal, monitoring and ~t~tenance (exotic ~:ee) plan ~o: the site, e~asts on a:eas o~ retained naclve vegeta:ton, shall be su~tted to Current Plannlnq Eflviro~ental Staff fo: reviev and app:oval prior to final st:e plar./co~uct~on p[an apptova:. This Ordinance ~hall becoc~ e£fec~ive upon filing with the ~pazt~n~ o~ State. P~SED ~O ~ ~ED by the ~ard of County C~ssioners of Coilier.~y, Fio~i~, ~his ~y o~ , 1998. I 20 11 12 14 IS l& 17 11 BOARD OF COOF~ COP~flSSXO~RS COLI,XElt ~, E'LORZDA ATTEST: ~q4IGKT E. BRC)CIK, Clerk BY: BARBARA B. BFa~R¥, Chair~un 20 21 Appzoved aa to Form and Legal Sufficiency: Assistant County Attorney City Of Naples LOT ~T. LOT 19 20 21 LOT LOT LOT 18 17 16 D~elling 13th Avenue N. EXHIBIT licI-ntosh EXECIYFIVE SUMMARY PETITION NO. PUD-g7-31(3), TIMOTHY W. FERGUSON AND DOMINIC GADALETA REPRESENTING SJG LAND TRUST, RI~QUESTING A REZONE FROM "PUD" TO "PUD" FOR THE PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA, HAVING THE EFFECT OF AMENDING THE GADALETA PUD IN RF~PONSE TO REQUIREMENTS OF SECTION 2.7.3.4. OF TItE LAND DEVELOPMENT CODE, RESOLUTION 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 I.EE COUNTY BOLrNDARY LINE IN SECTION 10, TOWNSHIP 4g SOUTH, RANGE 26 EAST, COLLIER COUN'I'Y, FLORIDA, CONTAINING 19.3 ACRES MORE OR LESS. OB.IE~IVE: 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 oran action pursuant to Section 2.7.3.4 of the LDC (i.e. Sunsetting Provision) CONSIDERATIONS: The proper'tT is lecated on the west side of Old U.S. 41 North immediately contiguous to the Lee Count)' bound'wy line. The Gadaleta PUD is a mixed usc PUD. which authorizc~ two (2) acres of C-2 Commercial type uses eighty-eight dwelling unit~, and a temporary golf driving range. This PUT) became subject to the provisions of Section 2.7.3.4 (i.e. sunset'ting) on October 30, 1996. On February lg, 1997 the BCC directed the owner/entity to submit an amended PUD by August 18, 1997. While s~t' ree~ved a draft amendment PUD from the agent for Mr. & Mrs. Oadaleta, nevmheless, this draft was for discussion purposes only, and was not formally submitted as a petition. On September $, 1997 staff advised the agent of perceived deficiencies in the draft PUD. On November 6, 1997 a petition for readopting a new PUD was submined together with the req:fired 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 flgir public hearing to March 5, 1998 to provide an oppommity for the petitioner to submit a PUD that was responsive to staffand EAB stipulations, and the development strate~ recommended by staff. At the time of zoning re..evaluatim~ 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 tim six (6) affordable housing units is unknown while the temporary driving range was fled to a condition that operation as a driving range cease ~ soon as a public source of sewer and water facilities became available,. ' the logic for this condition is unknown, inasmuch, ~sa driving rarlg~ isa eonditionalpref~ [~lxredUSe~/ ! in the agricultural district, and has traditionally in such locations been considered a The PUD submitted with this application providea 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 density 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 gaff 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 Corem) 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 commercial tract of Comm. And Permanent Golf permanent Golf Range Driving Range TOTAL DWELLING UNITS 120 du's I ! 5 du's up to 84 du's Thc BCC has the discretion to do thc following: (i) Allow thc C-2, two (2) acre designation to be retained with uses limited to current C-2 zoning district uses. (ii) As an alternativc 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 thc number of dwelling units to be allowed on the currently designated residential tract (i.e. 17.28 acres). This numb~ can be as high as eighty-eight (88) dwelling units as currently authorized, or as low as fi~'-three (53) dwelling units based on the density rating system as applied to 17.28 acres and current limitation ofdensity 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). 2 based on the perception that the petitioner had refused to cooperate in the submission of a PUD dccument 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 staff recommended stipulations, and a format acceptable to staff. Given the restraints for time, and the ~dvisability of BCC direction, this petition is being submitted to the Board without our full understanding of the PUD document to be submitted. Should thc-re be additional deficiencies staffwill verbally address them during the public hearing before thc Board. Staffis of thc opinion that the CCPC would have supported the recommendations for a revised land use agenda had it not been for the petitioners representations. Staff recommendations were as follows: (i) That the provision for any commercial zoning be deleted in the event it is re~ned, it should only authorize C-2 uses. (ii) That a commercial conversion density often (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.) b~ed 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 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 ofthr~ (3) dwelling unit per acr~. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, ifthis 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 I:n'ior to the issuance of building permits to help off-set the impact of each new development on public facilities..q'hese impact fees are used to fund projects in tbe 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 re~,mue sources in order to build needed facilities. ~ GROWTH MANAGEMENT IMPAC'F: 3 . MAR g 4 199.1 GROWTH MANAGEMENT IblPACT: As recommended the land usc, density and intensity of development of the subject property would be consistent with the FLUE to the GMP. Olher 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 ~-taff finds that there is no negative or other adverse impact resulting bom the adoption of this petition. Development pc,mitred 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/ARCttAEOLOGICAL 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 His~oricaLtArchaeological 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 hearing dates. PREPARED B~?, RONALD F. NINO, AICP ACTING CURRENT PLANNING MANAGER REVIEWED BY: ROB£RT J. MULttERE, AICP P~NG SERVIC~MENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-S7-3 I(3) EX SUMMARY/md DATE DATE 2 4 1998 AGENDA ITE~ 7-G TO: :A. NDUM COLI COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: DECEMBER 5, 1997 PETITION NO: PUD-g7-31(3), GADALETA OWNER/AGENT: Agent: Timothy W. Ferguson 2272 Airport Road S.. Suite 209 Naples. Florida 34112 and Dominic Gadaleta 572 - 107' Avenue N. Naples, Florida 34108 SJG Land trust 16979 Old U.S. 41 Naples, Florida 34 ! 10 Beneficiaries - William R. Shaw, Alan W. Johnson, and James Goldies REOUESTED 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 at~lication be filed to repeal and to adopt a new PUD for the property 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). PURPOSE/I)ESCR!PT!O~N 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 ow~ter/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 ,,,,'as 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 RMF-6 (10.5 ac.), "A" rural Agricultural (6.78 ac.) 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 per acre. 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 temporar3,' 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 unknown, inasmuch, as a driving range is a conditionally authorized use in the agricultural district, and 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 v. vo 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 Pb~ would allow the golf driving range as a permanent use on the residential tract. SURROUNDING LAND USE AND ZONING: Existing: Thc property is currently being used as a golf driving range with attendant accessory facilities. The property is zoned PUD. Surrounding: North - To thc north lies the area of Lee County and thc Spanish Wells residential/golf course community. The contiguous land, is however, undeveloped at this point in time. To the east lies Old U.S. 41, a: areas. The land along the east 41 N. is zoned lndus~al. ld in~) Side of MAR 2 4 1998 South - To the south the land is used as a Retail Nursery, a conditionally approved use. The land is zoned "A" Rural Agricultural. To the west lies the development known as Sterling Oaks a mixed residential 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 the land area this use is consistent with the urban residential designation. Similarly, a golfdriving 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 CounT Commissioners lwo (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 the 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 of which six (6) were to be affordable. The original zoning of the property prior to Ordinance 88-50 which re'zoned the property to "PUD', was RMF-6 on 10.$ acres, and "A" on 6.78 acres. These districts would have cumulatively allowed eighty-thr~e (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 drying range + 2 acres of commercial) was determined acceptable based on compatibility criteria, and subsequent BCC decision to r~ore 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 n:sidential 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 units is consistent with thc FLUE without prejudice to the BCC's ability to modify this level of development as a function of an action pursuant to Section 2.7.3.4. of the L~ provisions). Additionally, the BCC may act as it chooses relative to thc numberof apply to the two (2) acre commercial tract. As a result, the following development scenario's are in the opinion of s~aff technically consistent with the FLUE to the G,MP, 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 Bued on FLUE For New Density Rating application System At Time of Notwithstanding Approval ZRO 85 dwelling units 2 88 dwelling units + 83 dwelling units & 17.3 ac x 3 = 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 trna of Comm. And Permanent Golf permanent Golf Range Driving Range TOTAL DWELLING UNITS 120 du's I I $ du's up to 84 du's Commercial lntcmsitv - 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 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 thc LOS "C' design capacity) on Old US-al 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 wad fronting the pwject. 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. Since 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 O~en Svacc: This clement has application only with respect to policies relative to enhancing the ar~oun! of open space on a project by project bases as required by provisions of the Land Development Code. The LDC requires mixed use projects to provide thirty (30) percent of its area to be allocated for purposes qualifying as open space. It is not always possible to projects which do not have jurisdictional wetlands (i.e. Preserves) identified on the iN this petition. Nevertheless, general provision statements require compliance disc~l~) 'a~er Plan~ provisions of the LDC where the PUD lacks the definition to show consistency with "open space' presen'ation or enhancement 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 from impact fees. Conserva~iorl And coas!al Manatement 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. S~,'er and Storm Water Manaeement: Appropriate stipulations have been cared and included withia the PUD requiting development (except for interim land uses) to connect to the County's sev,'er and water system. The project will 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. HISTORI~/3RCHAEOLOGICAL 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. EVALLIATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE' The subject petition has been reviev.'ed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by thc Community Development environmental and engineering staff, and the Transportation Services Department staff. 'lb, is petition was administratively reviewed on behalf of thc EAB. Recommendations arc included in thc Development commitments section of thc 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 (Sunserting) 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 ora rezone from "PUD" to "PUD" we do not technically consider this to be a rezoning action, and therefore the findings for PUD rezones and standard rezones were not made, inasmuch as these would have beent oart of the oriHnal' ' PUD zoning action~. ~ The action to require the owner entity to file a petition to update the Gadaleta PUD was based on the finding that the current PUD regulations were substantially deficient in providing development regulations reflecting current LDC requirements and to pros4de an opportunity to review the authorized land uses and their density and intensity r~lationshJps. 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. ( ii) Determine the number of units to be allowed if it is decided to allow an either or development scenario ofthe 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) Determine 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 two-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 will 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 vacanL 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 arc not dissimilar to that which is being requested (i.e. 5 du's/ac, or 6.2 alu's/ac, with commercial conversion). One method for determining an equitable solution would be to acknowledgc the c~~,m~ authorization, namely, eighty-eight (88) dwelling units, and two (2) acrc~ of - Co2 [ MAR 1998 but to require the optional usc of thc C-2 tract for residential purposes be limited to tun (10) dwelling units per acre for which there is some precedent, tho'eby, allowing 108 dwelling units on thc 19.3 acres of land (i.e. 5.6 alu's/ac.). Thc petitioners request to allow a golf driving range as a permanent optional usc of the property is seen as having no negative effect on thc area, and indeed in some respects is probably a preferred usc. Staff does not find any of the land uses incompatible with adjacent properties and opines that this extends to the mat~er of density. Norenheless, one must appre:iate that the objective of Section 2.7.3.4 (i.e. Suns~'ting 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 requirernunts. Thc land usc inconsistency is thc commercial tract. Thc PUD provides for its retention and leaves to the discretion of the owner whether or not they wish to converl 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 RECO,MMENDATION: 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 arc as follows: (i) That the provision for any commercial zoning be deleted. (ii) That a commercial conversion density of ten (I0) 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 managem~t services be approved as an alternative principal use. MAR 2 1998 CHIEF PLANNER DATE REVIEWED BY: ~O~RT J. MULHE~, A~C~ CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP G SERVICES.~JEPARTMENT DIRECTOR UTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONME,WrAL SVCS. Petition Number PUD-87-31(3) Staff Report for January 15, 1998 CC'PC meeting. DATE DATE DATE 7 COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS. CHAIRMAN PUD-S7-31(3) STAFF REPORT/md NAR 2 ,l 1998 pg. //-.~ _ Addendum To Staff Report - Petition No. ?UD-87-3 I(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. Thc owner through their agent contend that they arc 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 ~.vo (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 conv.,:rt the commercial zoning to a residential development equivalent to thirry-r, vo (32) dwelling units. Additionally use changes provide for expamted recreational uses also as an 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. Deve!01?ment Sgi~oulations - Recommended development stipulations were sent to the agent on December 15, 1997 (see attached) for inclusion in thc 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 retained it should only authorize C-2 uses. (ii) Tl~.t 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. (iv) (v) (vi) 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. That the golf driving range and accessory and incidental golf practice facilities 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 the revised PUD document. That non-compliance with the above result in a decision to rezone all thc property to a residential classification with a residential density limitation of three (3) dwelling units per acr~. PUD-87-31~'3} ADDENDUgL'rnd 2 MAR 2 4~ 1998 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD SUNSET REVIEW COMMUNITY DEVELOPMENT DIVISION PLA~ING SERVICES 1. Name of Applicant: (a) The applicant is SJG Land Trust and the beneficiaries are william R. 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 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 6. Does property owner =~n.contiguous property to the subject property? NO TYPE OF AMENDMENT~ SUNSET REVIEW OF EXISTING PUD 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLA2~: The subject property is in compliance with 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 County 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 Ally CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED ? NO . 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. ~IGNATURE d'F OWNER S~tate of Florida SI~TURE OF OWNER County of Collier The foregoing Application was acknowledged before who has produced as identification and who ~& (did not) take an oath. 5'?~,,~., ,(0~,~,:, (Signature of Nota~ry Pubic) NOTARY PUBLIC Commission ~ My Commission Expires= PUD\DO APPLICATION/md/4128 I, James G. Goldie, President of North Naples Golf Range Inc. being duly sworn, depose and say that I, as Preslden~ of the above referenced corporation, do have the power and authority to ac~ as owner of the property described in the Gadaleta PUD and which is the subjec: matter of a proposed hearing; that all the answers ~o the 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_Gadalet~ (AGENT'S NAME) =o act a. my representative in any mattprs regarding any matter related ~o the Gadaleta PUD. ' ' l;orch Naples Golf Range, Inc. :.~es '.?. ~oldia, ?~e$iden~ State of Florida County of Collier The foreqolng Agreement Sheet was acknowled · before day of 04~¢~+j . ~o~.~ ~.. -;~_.~ ~ ~ me this ~.~.e~=-.-~:~_ '__ '~_. '~''f., ?~ z''~ "I'G¢,1¢/,'~ ~=-~-~--- -~_~=~n uo me or w~o ~as produced , who is aa identification and who did (did not) take an oath. (SIGNATURE OF NOTARY PUBLIC) -- :l '*~ MY CO~u NOTARY PUBLIC Commission #~ My Commission Expires~ 2 t998 $~ace of Florida Coun=y of Collier The foregoing Aqreemen= Shee~ was acknowledqe before me =his Aa~._of~, 199'7 by Dc~e~ol'Gc~f,~,/,~-,., who is ~~~_~' or who haa produced_ as loen~fE~f~d who did (d~d no=) ~ake an o~th. (SIGNATU~.OF NOT~Y My Co~mission zxpire~, MAR 2 4 1998 ii AFFIDAVIT OF UNIFIED OWNERSHIP AND AGENCY Each of us DOMENICO GADALETAAND 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 knowledge. I further permit the undersigned to act as our agent in a~. 4hatters regarding this petition. DATE ~ t/ / // 'lC.- --I DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on 3o day of i'.,\-,. ,.f , 1997 by DOMENICO and ANGELA GADALETA. ;~ ~, ./.'r~...,, .:.~ -- NOTARY PUBLIC (print, type or stamp name of notary ~.Persona!ly known OR Produced identification: Type of I.D. (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 ~P~ day of q~N~ , 1997 by TIMOTHY W. FERGUSON, ESQ. e~ h) 2190931 OR: 2319 ?G: 3351 IIC0EI0 la 0IHCIU. UC0E$ o! C0'-LII! C0~, Gels IIC HI ~ w N~. 00143480008 Gr~ite Il TTH: II~f,l$ IL 3illS' ' ' :; "- Warranty Deed Thiz Indenture, Mad~ thia 30th4ayof May, 1997 A.D.. Domenico Gada].eta and Ange].a Gadaleta, husband and wife, Between o(~co.~o~ COLLIER , scw~ Florida North Naples Golf Range, Inc., a Florida corporation, as trustee of the SJG Land Trust Agreement, U/A dated 5/29/97,.~ Old US 41, NAPLES, Florida 34110 , grant~. Witnesseth oat ~ G~o~. ~ ~ ~ ~.~. ot ~ ~m of ............. ....... T~ & NO/lO0 ($10.00) ~. ,~. l~ ~ ~mf m ~ ~ of COLLIER ~of Eofida u ~ ~E NOR~ 1/2 OF ~E ~OR~ 1/2 OF ~E EOR~ 1/2 OF THE NOR~ST ~/4 OF SE~IO~ 10, TO.SHIP 48 SO~, ~GE 25 ~ST, LYING NEST OF O~ ~$ HIG~AY 41 (T~I~I ~IL); ~, THE ~OR~ 200 FEET OF ~E SO~ 1/2 OF ~E EOR~ 1/2 OF ~E NOR~ 1/2 OF ~E ~OR~T ~/4 OF SE~IO~ 10, ~O~SHIP 48 SO~, ~GE 25 ~ST, LYIEG WEST OF O~ US HIG~AY 41 (TM4I~I T~IL); ~L BEING I~ COLLIER CO~, F~RIDA. Sub~ec~ :o res:tic:tons and easements co~n ~o ~he subdivision, if any, and ~axes subse~en~ ~o 1997. *w/ch lull power and au~hori:y either ~o pro~ec~, conse~e and ~o sel~ or ~o ~ease, or ~o encu~er or ~o o~hewi8e ~nage and dispose of ~he real proper~y herein described, pu~suan~ ~o ~he provisions of F.S. ~89.071 RETURN TO: MURPHY LAW FIRM SUITE A :~785 ~nPORT ROAD N. TIMOTHY W. FEROUSON, 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: THE 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 giving 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. Than~ you very much for your time and consideration in this matter. TWF.rn/GADALETA.8 Sipcerely, T~othy W. ~rguson, %%ttOrney at Law MAR 2 4 1998 Po. 91-132, THE CZLLi-2P CGU:;TY LAND Dr. VELOP::E::T CODE, WM:CH :::CLU2ES THE CC:'.~REHEIISIVE ZONIIIG REGULATI'~::S FOR THE UNINCORPORATED ARF...A OF COLL:EP C'~.'J!ITY, F~.,ORIDA, BY CLASSIF:CATION C.r THE HEREIN DESCRIBED REAL PROPERTY FRO..,, "DUD' TO "PUD' PL~,'tIED UNIT DE%'ELOPMENT K:;O'n't.: AS GADALETA PUD, FOR PROPERTY LOCATED ~,N THE WEST SIDE OF OLD TA.MI;~I iPAIL :;~PTM/OLD U.S. 41 NORTH (C.R. 867) AND I~ED:ATELY CONTIGUOUS THE LEE COUNTY BOUNDARY Lit;E, IN SECTION 10, TOWNSHIP 4~. S~'JTM, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, :$NSiSTi.~IG OF 19.3 ACRES ::GRE ~R LE.~; FR~';:~,::;~ FOR THE P. EP,-~ OF' ORDI~;LqCE :;b':/,B-'-R ~8-50, AS AMENDED, THE FORMER GADALETA .:Y~; A:;D BY PROVIDi::G AN EFFECT:';E '-ATE. :0c;~7 crass:float:on ct :~e ~e:e:n ~escr:bea real property; CgLLiSF C~U:;TY, Tze Z:n:ng :ias~:f::a:::n :f :ne here~n desert:ed :eai L:ca:e~ ;n ~ec~::n l~, Tcwnsn:~ ~ ScutS, Range 26 East, Collier ~i:r:da. :~ cnange~ f:¢m "FUD" :: "?UD" Planned Unit ~evelopmen: arco:lance w::~ t~e ?UD Document, attac~ed hereto as Exhibit "A", :s :n¢orporated here~n an~ by reference made part hereof. The Cfflc:al Z&n:ng Atlas Map nu.~d:e:ed e520::, as described in Ordinance Number 91-102, :ne Collier County Lan~ Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Numbe: 88-50, as amended, known as the Gadaleta ~UD, adopted on May 24, 1988 by the 5lard of County Commissioners of Collier County, is hereby repealed in ~t~ entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. ~'~ MAR 2 4 1998 / ! PASSED AND DULY ADOFTED Dy the Boagd of County Co~utsslonegs of Collier County, £1orid&, this day of , 1998. ATTEST: U~IGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Leg&l Sufficiency :~r]crle M, Student Assistant County Attorney BY: Chairman -2- MAR 2 4 1998 GADALETA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING HASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPHENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR~ PREPARED BYI TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AHENDHENTS AND REPEAL MAR 2 4 1998 Statement of Compliance and Short Title ....................... i Affidavit of Unified Ownership and Agency .................... ii Section I Section Ii Section III Section Iv Section v Section vi Section VII Legal Description, Property Ownership and General Description ....... 1 Project Development ..................... 3 Use of Land and Development Standards... 8 Commercial Areas Plan ................... Common Areas Plan ....................... 13 Development Commitments ................. 15 Environmental Protection ................ 18 MAR 2 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 developmeDt'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 order to enhance their natural functions and to serve as project amenities. 10. Ail final local development orders for this project complied, are exempt or will comply with the Collier Adequate Public Facilities Ordinance. ii AFFIPAVIT OF UNIFIED OWIi~RSHIP AND 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 knowledge. I further permit the undersigned to act as our agent in a~matters reg/~g this petition. DOMENICO GADALE~ '~NGF~A GADELETA TIMOTHY W. FERGUSON, ESQ. DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn %0 (or affirmed) and subscribed before me on ,~ day of /~d,;c~,~ , 1997 by DOMENICO and ANGELA GADALETA. 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 (print, type or stamp name of .... Personally known OR .... Produced identification: Type of I.D. 1998 PROPERT! GWNERSHIP 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 LEGAL DESCRIPTION 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 PROPERT! OWNERSHIP 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 ~ENERAL DESCRIPTION OF PROPERTY AREA 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 pHISICAL DESCRIPTION AND WATER MANAG~ CONSIDER A. Tile project site is located within Water Mans District No. 7 ~TZONB - O ii. B. water Management for the proposed project is planned to be 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 ~roperty 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 developed 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 ENVI RQIW~NTA,b 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. This Ordinance shall be known and cited as the '~ Planned Unit Development Ordinance.' MAR 4. 1998 . SECTIO~ I! PROJECT DEVEI~PMENT REOUIREM~NT$ 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 g~F~AL 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 nronertv's exempt status received pursuant to Collier = r- ~ ' ° on' - Counties finding that the property was exempt zrom z ~g r.~.t~~ ~.3 DESCRIPTION OF PRO~ECT PLAN AND 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. ~CREAGE ~xTS/SO. Fr TRACT Single Family and Multi Family as described in Section 1.6 above. various 17.3 Acres TRACT 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 water retention purposes. Such areas, lakes and _ intermittent wet and dry areas shall be in the same ge~er~~/ ~ configuration and contain the same general acreage as~hown~ ~ the appropriate site development plan. Mino.r .mo~.ifica_t~on...t.o _alii.,,8 ~ tracts' lake:' °r °ther b°undary may be permitte(l at thl tl~l~i~iJ:::~l~3 ~ Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. E. In addition 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 USE 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 all~wed 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 ~ELATED PROJECT PLAN APPROVAL REOUIREMENT$ 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 yes%ed or exempt. PUD Development Plan with its inherent flexibility. Any of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting the laws of the State Florida unless otherwise exempt or vested. Exhibit 'A', PUD Master Plan, constitutes the required °fMAR 2 4 1998 C. The provisions of Division 3.3 of the Collier County 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 S~?~8 FACILITIES ~Se~ LDC-SeC ~.6.3~.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. F. Sales, marketing, and administrative functions permitted to occur in designated 'wet" model homes withi project only as provided herein. G. The 'wet' model may be served by a temporary ~ system with ultimate connection to the central system. ~re fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan mus~ be provided which acc_o~_~odates 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 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER 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 PROPERTX OWNEP~ FOR COMMON AREA MAXNTENANCE 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 MATERI~?. 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. MAR Z 1998 SECTION ! I ! lAND USE A~D DEVELOPMENT STAND;~DS 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 ~%XXMU~ DWELLX~ U~XTS 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 PE~4XTTED 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 permftted 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. 3.5 GENERAL APPLICATION FOR SETBACKS Generally whenever the word setback is used rela=ive t measurement between the buildings and a lot line and/or boundary of a parcel of land upon which buildings are to be constructed is shall have the following application: A. FRONT YARD Front yard setbacks shall be measured as follows: (1) If the parcel is served by a public or private right- of-way, setback is measured from the adjacent right-of-way line. (2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. (3) If the parcel is served by a platted drive, setback is measured from the road easement or property line. (4) Generally principal buildings shall be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. (5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10 feet shall separate said right-of- way, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. B. Interior Yards {Not Adjacent any Ri~ht-of-way or Other ~ivate Drive or Adjacent O~en Space Areal 1) The separation of principal structures form an interior lot/parcel/tract boundary and shall generally be not less than 1/2 the height of the wall adjacent said interior boundary line. Zero distance relationships for principal buildings is a term which only applies to single family detached housing structures. For example, it should not be applied in the content of a two family vertically attached housing structure. Zero distance relationships for principal buildings as described, is not acceptable generally, but rather should bear some reasonable relationship to the height of the walls nearest said interior boundaries. As a general rule 1/2 of the height of the wall adjacent said interior boundary line is recommended. 2) Whenever principal buildings are located next to an open space area (i.e. conservation preserve, recreation open space, golf course) a reduced yard space will generally be acceptable, however in no instance should provision be ~ zero lot line relationship. C. ACCESSORY BUILDINGS AND USE AREA RELATIONSHiP~ MJ%R 2 & 1998 1) There is adequate justification to provide for reduced yard 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 under appropriate conditions. SITE DEPTH AVERAGEz Determined by dividing the site area by the site width. ~3J.~dJ~T~L[ As defined by the Collier County Zoning Ordinance. May be reduced on cul-de-sacs lots. SBH~ (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. Single Family Attached/Townhouse/Row Housel 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. ~L~ 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. p_~ Means a housing structure containing two dwellings units either vertically or horizontally attached. Clustered Housin~l Means the placement of two or more housing structures of the type described on a under common ownership without prejudice to ¢ of individual dwelling units. parcel of land/l~t-f-t'.~ '°ndominiu~ °W~ ;~~ ! i MAR241998 i S~-CTION IV CO~RCIAL AREAS 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 D~%~:LOPM~Z' EMPF.%~ 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 U~ES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following~ A. Principal Uses 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 presents 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. off-street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. All business, servicing, or processing, except for 2. Hotels and Motels 3. Recreations facilities including but not lim] :e [J z41998po. I golf driving range theaters, bo~ling alleys, billiard halls, indoor 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 STANDAKDS The development standards for the above referenced uses are as listed as those provided in the most similar use district of the CCLDC. MArl 2 4 1998 SECTION V DEVELOPMENT COMMITMENTS PURPOSE 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 PL~ 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. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in this project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Identify proposed start and completion dates of the project, stages of development, and areas and location of co_~m~__on 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 residents of this project, shall be through a system of revenues collected by the Homeowner'~ Association. The Homeowner's Association By-Law's shall inc~u~/ a provision that the creation of a Capital Improvement F mandatory, and every property owner in the development s become a member of the Homeowner's Association. 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 DEVELOPMENT E~F34PTXONS FROM STANDARD ~U~DXVXSlON . pRACTXCE/RE(K;L~TXONS 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 VARIANCE AND EXCEPTIONS TO SUBDIVISION RE(;ULATIONS 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 MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.9 JJ JJA The development of this PUD Master Plan shall be subject to and governed by the following conditions: The development of this PUD Master Plan shall be sub' and governed by the following conditions: 5.11 iN%tX R~AL The development of this PUD Master Plan shall be sub ect to ect and governed by the following conditionss 5.12 QTHER INFRASTRUCTURE The development of this PUD Master Plan shall be subject to and governed by the following conditionsz 5.13 ACCE$SOR! ~TRUCTURES 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-STP~1~T 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 per, it application. 5.16 POLbI]~ 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. MAR 2 4:1998 _ .f. SECTION VI 6.1 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 ~Y. THE GOAL OF SITE LA~;DSCAPING 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, W~ICH 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 · BE FENCED~ COMPONENT OF THE SITE THE SCRUB AREA SHALL DEVELOPMENT TO MINIMIZE THE IMPACT OF NEARBY CONSTRUCT~'ia~AAu~4 I F. THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGUI~T~N_~ 1998 I THE U.S. CORPS OF ENGINEERS SHALL BE CONSULTED BY THE~ETi"XIO~ER---- I PRIOR TO SITE DEVELOPMENT CONCERNING THE POSSIBLE DESIGNATED OF JURISDICTIONAL WETLANDS ON THE PROPERTY. G. A 10.1 LITTORAL SI, OPE SHALL BE REQUIRED ON THE LAKE SHORES ABUTTING WETLAND AND PRESERVE AREAS. THE PETITIONER SHALL RE-VEGETATE LITTORAL ZONES WITH APPROPRIATE NATIVE SPECIES. NRHD RECOI414ENDS 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 COI~4ISSION REGULATIONS · X --? MAR 9, 4~ 1998 EXECUTIVE SUMMARY PETITION NO. PUD-97-18, KAREN BISHOP OF PROIECT MANAGEMENT SERVICES, INC., REPRESENTING SIGNATURE COMMUNITIES, INC., REQUESTING A REZONE FROM RMF- 6, P~MF-12(6) AND RMF-12ST(6) TO PUD TO BE KNOWN AS THE DUNES PLANNED UNIT DEVELOPMENq' FOR A MAXIMUM OF 531 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE NORTHWEST CORNER OF 111~ AVENUE NORTH (BLUEBILL AVENUE - ALSO KNOWN AS C.R. 846) AND VANDERBILT DRIVE (C.R. 901), FURTHER DESCRIBED AS LOTS I THRU 10, BLOCK 1, ALL OF BLOCK 2 AND LOTS 1 THRU 16, BLOCK 3, WIGGINS PASS LANDINGS UNIT #1, AND LOTS I THRU 4, BLOCK I, WIGGINS PASS LANDINGS UNIT # 1 ADDITION, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, CONSISTING OF 88.55 ACRES, MORE OR LESS. OBJECTIVE: This petition seeks to have certain property as herein described re'zoned from its current zoning classifications of RMF-6, RMF-12ST(6) and RMF-! 2(6) to "PUD" Planned Unit Development. CONSIDERATIONS: The property is located both north of Bluebill Avenue and west of Vanderbilt Drive. The petition illustrates a residential multiple family type of development consisting of a series of residential structures under a unified, and integrated plan of development. The PUD regulatory document purports to authorize five hundred and thirty-one (53 I) dwelling units based on the assumption that the gross land area is 88.55 acres and the property qualifies for six (6) dwelling units per acre. The property is located within the urban residential designated area of the FLUE Map. Consistency determinations are as follows: ~.and Use and Density: !~a.. n~l Use: The proposed uses of land are for residential puqx)ses and associated and related recreational amenities. This is consistent with thc definition of urban residential in the FLUE. R~idential Density: The petitioners legally repr~ent that the total property area is 88.55 acres including approximately fifteen (15) aer~ of land, dedicated to public usc aa navigable waterways but under the ownership of the petitioners. Although the submerged land area lies under a navigable wate~vay dedicated Io and used by the public, it is nevertheless under the ownership of the petitioner and is included in lhe gross density calculation for this PUD. Thc petitioner has made application to vacate thc internal strccts and undeveloped cast/west unlikely that the cast/w waterways. In today's permitting environment it is most would ever be approved, therefore, it is equitable that this area end thc Administrative staff has further opined that the land owners are entitled to a density of six dwelling units per acre over the gross area of the parent parcel inasmuch as they legally own all of the submerged land, including the nortlVsouth waterway. Therefore based upon this determination a project of $31 dwelling units is deemed consistent with the FLUE. In all other respects this petition as stmatued through thc PUD document and Master Plan is consistent with applicable clcments of thc GMP. The F. AB recommended approval of this petition subject to stipulations which are now included in thc PUD. All staff with jurisdictional rea;xmaibilities were given an oppommity to identify jurisdictional needs resulting from development at this project. Their response identifying conditions needed to assure consistency with the GMP or, I.DC arc reflected in the PUD Document. All rezoning actions require a findings of the part of thc Collier County Planning Commission (CCPC) based on the provisions of Section2.7.2.5 and 2.7.3.2.5 of the Land Development Cc<lc. A preponderance of the rezone finding support an action to rezone the subject lands to the Planned Unit Development zoning district. Thc rezone findings arc formatted to give both reasons for or against a decision to rezone thc property. Said findings a:c included in this Executivc Summary submission together with thc staff report which is approved by thc CCPC. Thc Collier County Planning Commission heard this petition on .fanuary 15, 1998 and unanimously (7 to 0) recommended approval of this petition as recommended by staff. Several people addressed the Planning Commission. They did not object to development of the project but did express concern over having a principal entrance to Bluebill Avenue and traffic impacts to Bluebill Avenue and Vanderbilt Drive. A number of people communicated in writing also expressing a range ofconcems. FISCAL IMPACF: This petition by and of itself will have no risc, al impact on the County. However, ifthis amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future f~c. al impact on County public facilities. The County collects impact fe~s prior to the issuance of building permits to help off-~et the impact of each new development on public facilities. These impact fees are used to fund project in the Capi~ Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collect/ons are inadequate to maintain adopted levels ofserv/ce, the County must provide supplemental funds from other revenue sources in order to build needed fac/l/t/cs. GROWTH MANAGEMENT IMPAC'r: As described above the land use, density and intensity of development of the subject deemed to be consistent with the FLUE to the GIMP. found to be consis~.ent by virtue of the way in which devcl' strategy devised for. regulating thc manner of development. 2 In view of thc consistency timings staff finds that there is no negative or other ~dversc resulting from the adoption of this petition. impact Dcvclopmcnt permitted by the approval of this pctition will bc subject to a concummcy review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 ~t 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: Staffs analysis indicates that the petitioners property is located within an area of historical and archaeological probability as refer,raced on thc official Collier County Probability Map. In response to this condition an Historic and Archeological survey was submitted. A review ofthis mrvey found that no additional research was necessary and that development may proceed without adver".,ely impacting any archeological or historic resource. PLANNING COMMISSION RECOMblENDATION: ' ~//~entsuseonly. (Notes: "~(' h~of125feet). , AICP CHIEF PLANNER That petition PUD-97-18 be approved subject to a maximum building height of 125 feet above Mean Elevation as applied to Parceh, I thru 5, and that the Blucbill Avenue entrance be limited to a Thc PUD document has been revised to reflect a maximum building DATE REVIEWED BY: CURRENT PLANNING MANAGER DON~LD ~V. ARNOLD, AICP DATE PLA NG SERV ,S DEPARTMENT DIRECqCOR AGENDA IT£N 7-G TO: CC )RANDUM G COMMISSION FROM: COMMUNI~ DEVELOPMENT SERVICES DIVISION DATE: DECEMBER 15, 1997 PETITION NO: PUD-9?-I 8, THE DUNES OWNER/AGENT: Agent: Ms. Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trail, Suite 408 Naples, Florida 34103 Contract Purchaser & Principals Signature Communities, Inc. 5551 Ridge'wood Drive, suite 203 Naples, Florida 34108 Gerald F. Griffin II and Richard F. Corace A.L. Dougherty Co. Inc. a Delawar~ Corp. Phylis K. Dougherty, Pres. Eh:Inor Towers Unit 9, Inc. an Ohio Corp. Frank J. Accorsi, Pres. Delnor Unit 11 Partners aa Ohio General Partnership Charles M. Wesley, General Parmer I IILI Delnor Neptune Propertis Raymond x. Heller Hazold P. Pmenheimer, Jr. Floyd J. Ramm Dale L. Rish [ ~~-------'-~ OF 1,q98 REQU~D ACTION: This petition seeks to have certain property as herein described re'zoned from its current zoning classifications of RMF-6, RMF-i 2ST(6) and RMF-I 2(6) to "PUD" Planned Unit Development. L,O ,C^T ON: The property is located both north of Biuebili Avenue and west of Vanderbilt Drive (see location map following page). PURPOSE/DESCRIPTION OF PROJEt~2T~ The petition illustrates a residential multiple family type of development consisting of a series of residential structures under a unified, and integrated plan of development. The PUD regulatory document purports to authorize five hundred and thirty-one (531) dwelling units based on the assumption that the gross land area is 88.55 acres and the property qualifies for six (6) dwelling units per acre. SURROI)NDING LAND USE AND ZONING.'_ Existing: The subject property is an undeveloped 88.55 acre parcel located on the north west comer of Bluebill Avenue and Vanderbilt Drive. Habitats on site consist of scrub, scrubby flatwoods, wetland forest, mangrove swamp and open water portions of Turkey Bay. Sections of the fresh water wetlands on site have been impacted with exotic vegetation (Brazilian pepper, Melaleuca). Approximately 38.8 acres of Collier County/ South Florida Water Management District jurisdictional wetlands occur on the subject property. Most of the pwject development is concentrated in upland areas although minor impacts to wetlands may occur within the residential parcels. The property is zoned RMF- 6, RMF-12ST(6) and RMF-12(6). Surrounding: North - To the north the land is undeveloped. This land is zoned RMF-12ST(3), RMF-12(3) and mVtF40). MAR 1998 South - West- To the east lies two residential developments consisting of multiple family structure, next to Vanderbilt Drive (Vanderbilt Villas PUD), a two-family project (i.e. Northshore Lake Villas PUD and the Naples Memorial Gardens Cemetery. The northern half of the subject land lies opposite the two residential developments which are zoned "PUD". The cemetery is zoned "A" Rural Agricultural. To the sou~h lies a series of undeveloped lots which are owned by Collier County. These lots are zoned R.M~-6. To the west lies the Channel of Turkey Bay and land that is developed with high rise residential structures, and is zoned RMF-16. GROWTH blANAGEblEr~ PLAN CONSISTENCY: The property is located within the urban residmtial designated area on the FLUE Map. Consistency determinations are as follows: Land Use and Density - ~ The proposed uses of land are for residential purposes and associated and related recreational amenities. This is consistent with thc definition of urban residential in the FLUE. R~jdential Der~_itv: The petitionen legally represent that the total property area is 88.55 acres attributable to the fact that approximately fifteen (15) acres of land was dedicated to public use as navigable waterways and is entitled to a demity of six (6) dwelling unit~ per acre based on the fact that the water area (subterranean land area) included in the PUD, which i~ technically unzoned, but lies contiguous to zoning which allow~ dx(6) dwelling tmit~ per acre, is therefore entitled to that density attribu~.ble to the subterranean land are~ included in the gross land area which the petitioner has title to albeit with a public easement over the illustrated waterways. Detexmining thc number of dwelling units and density that is consistent with the FLUE depends upon whether or not the gross land area which the petitioner has title to is deemed entitled to six (6) dwelling units per acre. The following ~ts several ways that determine the total number of dwelling units: (i) (ii) (iii) Platted lot area at (i7.01 acres times 6 ,- 402.06 units Platted lot area and vacated internal streets at 71.71 aorta times 6_ - 4.30 ?its (iv) Gross area including all waterways at 8855 acres times 6" 531 units The petitioner has made application to vacate the internal streets and undeveloped cast/v.'est waterways, la today's permitting environment it is most unlikely that the east/west platted waterway would ever be approved, therefore, it is equitable that this area and the undeveloped rights-of-way be returned to the original parent property as it was prior to platting. Administrative staff has further opined that the land owners are entitled to a density of six dwelling units per acre over the gross area of the parent parcel inasmuch as they legally own ali of the submerged land, including the north/south waterway. Therefore, based upon this determination a project of 531 dwelling units is deemed consistent with the FLUE. Traffic (~irculalJgrl Element - The ITE Trip Generation Manual indicates that this petition will generate approximately 2,693 APT & 191 Peak Hour (AM) trips. It should be noted that under the current zoning, the subject site will generate same number of site generated trips. Based on this data. the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Vanderbilt Drive or on Bluebili Avenue after trip assignments are made. In addition, this petition will not lower the level of service below this segrnent's adopted LOS standard within the project's radius of development influence (RI)I). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE. The TCE lists this segment of Vanderbilt Drive as a 2 lane collector road fronting the project. The current traffic count for this segment is 7,255 AADT and is operating at LOS "C". It should be noted that this road segment is not projected to be deficient within the next 5 years. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Recreation and Ooen St~ace - 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 residential projects to provide sixty (60) percent of its area to be allocated for purposes qualifying as open space. General provision statements require compliance with applicable provisions of the LDC where the PUD lacks the definition to show consistency with "open space" preservation or enhancement 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 from impact fees. Conservation and Coastal Manaeement Element(si - 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 Manaitement - The subject system and water system. The project will be designed served 4 MAR 1998 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; Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment conducted by a Certified Archaeologist is required. Such a survey was prepared and submitted, and a waiver finding granted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE~ The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. This petition was revi~'ed by the EAB on December 3, 1997. Their recommendations are included in the Development commitments section of the PUD as well as those of jurisdictional staff. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure (i.e., sewer, water storm drainage and private utilities and other infrastructure (i.e. community facilities and services) and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. dl l%lationshit~ to Future and Existinz Land Uses - A ' ' specifically to Collier County's legal basis for land use proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. By virtue of its FLUE relationship the land may be rezoned in a manner which permits multi- family housing units and related recreation amenities. Residential development is an expected outcome given its FLUE relationship and the extent of residential development in ali directions from the property. Based on its current zoning the property can be developed with multiple family structures with a maximum height of fifty (50) feet, containing a total of 531 dwelling units assuming certain plated rights-of-way and waterway is vacated and a determination that a density of six (6) dwelling units per acre over the gross average is confirmed. Simply because the property is being rezoned to achieve a unified plan of development does not appear to be justification for changing the number of dwelling units this property is now entitled to, therefore, compatibility is not an evaluation standard as it relates to density. Furthermore, it should be pointed out that a compatibility assessment was made during the Zoning Reevaluation Process which resulted in a fifty (50) percent reduction of the density then cntitled to the property based on RMF-12 zoning. Additionally, a portion of the site was zoned C-3 and this zoning was downzoned to residential at six (6) dwelling units per acre. Nevertheless, a compatibility issue does exist with respect to the height of buildings requested. The PUD regulations provide for building heights in part of fifteen (15) stories above parking. Staff has advised on a number of occasions that rezoning land to PUD should not serve to depart from standards associated with conventional zoning districts, except for unique situations and for typical development obJectives. The only area of the County where residential structures in excess of that allowed by the RT zoning district is with respect to developments having an unencumbered view of the Gulf of Mexico. The subject property is separated from the Gulf of Mexico by other development in which the highest buildings are eleven (! 1) stories (Vanderbilt Surf Colony). However, there are also buildings along Gulf Shore Drive south of BIuebill Avenue which have residential structures of fourteen (14) stories (Vanderbilt Shores Condo). The RT zoning district allows building heights of one hundred (100) feet, and conditionally one hundred and twenty-five (125) feet but does not .say what circumstances are necessary to achieve the additional twenty-five (25) feet of height. One logical assumption would obviously be a compatibility finding that there are buildings of similar height in the area. Staff is of the opinion that this finding can be made justifying a recommendation that the subject property be limited to building heights of one hundred and twenty-five (125) feet above thc mcan flood elevation on those parcels identified for high rise residential structures. Staffis of the opinion that the proposed Iow rise multiple family buildings (i.e. 3 stories over parking) are compatible with surrounding existing land uses. Relative to the matter of defining height staff is of the opinion that height should be defined in terms of "feet above mean flood level", the definition provided in the Land Development Code. The manner by which this is addressed in the PUD, namely "living floors above parking" is indeterminate of height in re, ms of a footage measurement, depending upon the ceiling height of each story, and the number of under story parking levels. Because of these unknowns a vertical dimensional limitation is clearly definitive, and therefore the recommended approach to regulating height of buildings. Clearly this rezon;.ng action is timely, and in fact in this case is only made necessary to achieve a specific development strategy, because the land is ah'eady zoned for an urban residential project. Therefore, planning evaluation criteria based on con.si compatibility with ~un'ounding uses, and timely in the clearly present. Traffil: - As indicated above approval of this project is at this point in time consistent with the Traffic Circulation Element of the GMP. Moreover, the PUD document contains development stipulations that will ensure that as this project is developed that those subsequent required permitting approvals will be executed in a manner consistent with requirements of the Land Development Code and the County's Access Management Plan. Development stipulations provide assurance that additional right, of-way will be preserved for the widening of Vanderbilt Drive, Bluebill Avenue and the bridge on Bluebill Avenue, lying west of Vanderbilt Drive. Standard traffic management stipulations are included in the PUD relative to turn lanes, traffic signals and lighting. Utility Infrastructure (i,e. i;¢w~, Water Storm Water - Development occurring at this property will be connected to the County's sewer and water distribution system, evidence which further attests to the timeliness of development of property. All development mu~t comply with surface water management requirements invoked at the time of subdividing or for approval of SDP's whichever first Occurs. Commupity i;e,~'ices Suooort Facilities - Both fire, police and other emergency services can be readily provided from thc appropriate provider jurisdiction. Master Plan and PUD develovment Standards - Master Plan: The master plan illustrates Land Development Code requirements relative to landscape buffen and water management and is otherwise subject to all applicable provisions of the LDC. Access is limited to an internal street system which provides a point of interface on both Vanderbilt Drive and Bluebiil Avenue. At this point in time we don't know if the internal street system will be as a result of a condominium platting or a record plat. This decision will be made at the time of application for subsequent required development approvals for improvements to the land. PUD Di:v~;10om~:nt Standards - The development standards employed by this PUD are similar to those required by conventional residential zoning districts as they apply to specific housing structure types. Aside from the issue of what should be the height of buildings the PUD requires the standard separation between buildings relative to their heights. Standard relative to setbacks are similar to .,,ose commonly applied to many prior approved PUD's. Development standards for parking, signs and landscaping all defer to those in the Land Development Code. Substitution To Subdivision Design and Irrmrovements - No substitution to design standards or improvements a~ provided for in this PUD. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend described by the draft ordinance of adoption and exhibits 7 }her~o (i.e.-~PUD doc~n~ and _mast~r~ - l ,11 liN_ I plan) having the effect of authorizing 531 dwelling units in buildings which in part shall not exceed a height of one hundred and twenty-five (125) fc-~ above the Mean flood Elevation established by law as illustrated on the Master Plan. R~ALD F. NINO, AICP CHIEF PLANNER REVIEWED BY: ~HERE, AIC~- DATE CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number PUD-97-18 StaffReport for January 15, 1998 CCPC meeting. COLLIER COUNTY PL~MMISSION: M~-U~L A. DAVIS, C~ PUD-97-18 STAFF REPORT/md FINDINGS FOR PUD PUD-97-18 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: e The suitability, of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Findine: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Even so it should be noted that the land is nmv approved for a development similar to what is proposed by the PUD. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as the)' may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Canformity of the proposed Plam~ed Unit Development with the goals, objectives and policies of the Growth Management Plan. Finding: The PUD as amended will be consistent with the goals, objectives and policies of the Grow'th Management Plan. A more detailed description of this conformity is addressed in the StaffReport. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Findin_e: The PUD Master Plan has been designed to relationships through the use of various and lakes, etc.). External relationships ]~ MAP, ~,~ 1991~ the Development Code to assure harmonious relationships between projects. Development will be surrounded on two sides with required natural preservation areas while public streets serve to separate the project from other development. The adequacy of usable open space areas in existence and as proposed to serx'e the development. Finding,: The amount of open space set aside by this project will be made consistent with provisions of the Land Development Code. e The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Findinl~: Timing or sequence of development in light of concurrency requirements is not a significant problem. (Additional response for projects that may require phasing or special mitigation because of degraded LOS conditions.) e The ability of the subject property, and of surrounding areas to accommodate expansion. Findinl~: The property now lies in the middle of intense urban development which is an indication that its timing for development is now ripe. This is fia'ther enhanced by its excellent access to the County's arterial highway system. These two conditions support the ability of this property to accommodate development. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Findine: The PUD has been designed in a manner consistent with current development standards as they apply to commercial and residential zoning districts. These together with requirement to comply with applicable provisions of the LDC all serve to achieve the public purpose of these regulations. PUD FINDINGS PUD-97-18/md 2 _Pp._ IT~ REZONE FINDINGS PETITION PUD-97-18 Section 2.7.2.5. of the Collier County Land Development Code r~uix~ tl~ the report and recommendations of the Planning Commission to the Board cf County Cotm'nissi~ shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan; Pro/Con: Evaluation not applicable. Summary Findin~s: The proposed development as amended will be in compliance with the Future land Use Element of the Grow'th Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. e The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The subject property is an undeveloped 88.55 acre parcel located on the north west comer of Bluebill Avenue and Vanderbilt Drive. Habitats on site consist of scrub, scrubby flatwoods, wetland forest, mangrove swamp and open water portions of Turkey Bay. Sections of the flesh water wetlands on site have been impacted with exotic vegetation (Brazilian pepper, Melaleuca). Approximately 38.8 acres of Collier County/South Florida Water Management District jurisdictional wetlands occur on the subject property. Most of the project der op _ in upland areas although 4n_~r ~~o w4a~~~~ within the r~~~l~x:~SooThq p~:~/ Surrounding: North - East - South - West- To the north the land is undeveloped. This land is zoned RMF-I2ST(3), RMF-12(3) and RMF-6(3). To the east lies two residential developments consisting of multiple family structure, next .'.o Vanderbilt Drive Oranderbilt Villas PUD), a two- family project (i.e. Northshore Lake Villas PUD and the Naples Memorial Gardens Cemetery. The northern half of the subject land lies opposite the two residential developments which are zoned "PUD". The cemetery is zoned "A" Rural Agricultural. To the south lies a series of undeveloped lots which are owned by Collier County. These lots are zoned RMF-6. To the west lies the Channel of Turkey Bay and land that is developed with high rise residential structures, and is zoned RMF-16. The possible creation of an isolated district unrelated to adjacent and nearby districts; .Pro/Con: Evaluation not applicable. Summary Findtnt~s: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of thc land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infi'astructurc, nearby urban development, support thc timing relationship and justify converting the existing zoning to a PUD essentially not changing thc development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Pro/Con: Evaluation not applicable. S_u mm. a..rT Findlng$~ The district l:.~undaries are logically draw'r,_ Whether changed or changing conditions amendment necessary; sage o t Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. The rezoning action has no different land use effect but merely establishes the fi'amework for what now essentially permitted. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro.__A: (i) The property is currently zoned to allow multiple family housing. The PUD simply represents a strategy to restate what the land owner is essentially entitled to. Con: (i) This action will facilitate the use of the property which is perceived by some as reducing the quality in life in the area. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. The property can now be developed with multiple family dwellings. This petition will not materially affect the fact that development of the subject property is now possible but in a slightly different form by basically providing for buildings of greater height then is now allowed. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety; Pro: (i) Approval of this project is consistent with Traffic Management Policies. (ii) Development if the property can now occur. The PUD merely provides a framework for doing a development, therefore this petition does not further affect traffic. (Yon: (i) None. Summary Findlnts: Evaluation of this project took into account the requirement for consistency with Policy 5.1 ofthe Traffic Element of the GMP and wa found con.sis'ten a statement advising that this project when d~ee~iv~~~'[~ congestion. Additionally certain traffic manalgement-systert~ impro~e~ _e~__are reg]uil~ as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. e Whether the proposed change will create a drainage problem; Pro: (i) The property is immediately contiguous to Turkey Bay which provides the outfall for drainage after stormwater is retained for quantity and quality control per LDC requirement. Con: (i) None. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findings; All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect properO/values in the adjacent area; Pro: (i) Typically residential development does not adversely affect property values, particularly for higher cost housing in an area already extensively developed. Con; (i) None. Summary Findin~s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. host of including zoning, ho ' itself may or may not affect values, since value ' ' 's value. The mere fact that a property is given a. affect value. In this case h°wever the4Pr°pel~s_[/l/~'~nedt°l~ge~Xxn]al---~:l'(~ multiple family housing and represents to a large extent an in-fill project which would have the effect of increasing land values for remaining vacant land in the area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findinzs: Thc basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary' Findines: The proposed development complies with the Gro~'th Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con; Evaluation not applicable. Summary Findines: The subject property is zoned for multiple family with a density cap of six (6) dwelling units per acre. The revision serves to allow the petitioner to establish a development strategy to more readily market development of the property based upon a PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. ~l,R"~~/~ ~ 1~9~ ~1~ Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. Summary Findin~s: This site is zoned RMF-12)6) and RMF-6 which allows multiple family residential. Whether or not there arc other similarly zoned residential areas is irrelevant. 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/Con: Evaluation not applicable. Summary Findings: The site will be altered to the extent necessary to execute the development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended; Pro/Con: Evaluation not applicable. Summary FindinEs: Staff'reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used her~in means the Collier County Growth Management Plan. FLUE means the Future Land Usc Element ofthe GMP. REZONE FINDINGS PUD-97-I g/md 6 MAR,A, 1998 PETITION NUMB£R DATE APPLICATION FOR PUBLIC ITEARING FOR STANDARD REZONE AND CONDITIONAL USE REOUI _$TS PLANNED UNIT DEVELOPMENT REQUESTS COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s): Si_t, nature Communities, Inc. Applicant(s) Mailing Address: $$$1 Ridgewgod Drive Suite City: Naples Applicant's Telephone Number: Res.: State: Florida Zip: 34108 Bus.: O41) 566-2800 Is the applicant the owner of the subject property? Yes X No (a) If applicant is a land trust, so indicate and name beneficiaries below. X ~ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Gerald F. Griffin ri and Richard F. Corace (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 lear, ce, attach copy of lease, and indicate actual owners if not indicated on the lease. X (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. SEE ATTACHED EXHIBIT #C . 1998 , 2. Firm: PM$. In¢ of N~ple~ Name ofAgent: Kar~n Bishop Agent's Mailing Address: 2:335 Tamiami Trail Suite 408 City: Navies State: l~orida Agent's Telephone: Res.: Business: Zip: 94103 (941) 435-9080 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (Ifs'pace is inadequate, attach on separate page. Ii'request involves change to more than one zo~,~g district, include separale legal description for ~ involved in each district. If property is odd-shaped, submit five ($) copies of survey (1'= 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCKIFrlON. IF QUESTIONS ARISE CONCERNING TI-IE LEGAL DESCRIPTION, AN ENGINEER'S CERTIHCATION SHALL BE REQUIRh'T~. SECTXON_. ~0 TOWNSHIP 48 south RANGE 25 e~st SEE ATTACHED EXH[IIIT ~ 4. Size of Property Irr_e~rular 5. Address or location of the subject property (Bluebill) and Vanderbilt Dri¥~ 6. Existing land elevation 0 to 12 feet b. Acres Northwest corner Illth Avenue County Flood Criteria Elevation 11' Date subject property ac4uircd ( ) or leased ( ): I/~ Petitioner has opt/on to buy, indicate date ofopt/on: multiple - see attache~ and date option terminates: pg ..... 02.2 Pg.- , 10. 11. Does property owner own co.tiz, ,us prope~ ty to ~e s,:bj,:.¢t property? if so, give complete legal description of enlire contiguou.: property. (if space is inadequate, attach on separate page). One of the owners owns land to the north. The lands are described in the Amended Certificate of Title. recorded in O.IL Book 634. Pa~es 126 throunh 129. attached hereto as Exhibit #2. Tiffs APPLICATION IS INTENDED TO COVER: (Check which type of petition you m'e requesting): X A. REZONING: PRESENT ZONING RM2F-6. RMF-12 Cbq, RM~-12st (hq REQUESTED ZONING ~ FOR Multi-Family Residential Development aod SinCe-family Residential Dev¢topmept CONDITIONAL USE __ OF ZONING FOR RESON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): _..SEE ATTAC'Fi'F-D BACKGROUND INFORMATION DOCUMENT IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. YES, X NO 12. 13. IS THIS REQUEST A RESULT OF A VIOLATION? NO IF SO, TO WHOM WAS THE NOTICE SERVED? HAS A PUBLIC HEAR]IWG BEEN HELD ON ITIIS PROPERTY WITH/N 'rile LAST YEAR? IF SO, IN WHOSE NAME? NO 14. ARE THF. RE EXISTING STRUCIIfRES ON THE PROPERTY? NO CBS , FRAME , MOBILE HOME_ , OTHER 3 ~'~.~, ~,;.~, ~ · Acknowledgment of Limited Authority This acknowledges that Signature Communities, Inc., a Florida corporation, as the applicant, is a contract vendee in respect to an Application For Rezone to PUD of Property to be called "¥anderbilt Beach Landings Planned Unit Development Ordinance" and that PIVlS of Naples, Inc. is the agent for Signature Communities, Inc. in respect thereto. Neither of the undersigned is the agent of the owner(s) of the property subject thereto except to the extent that they have been awahorized by the owner to file and process the application for rezoning. The undersigned acknowledge that they may no! modify the zoning application without approval from the owner's agent, Nick Andreeff. Executed this 9 ~ day of October, 1997. Signature Communities, Inc. By:~~. ~ II, President PMS of Naples, Inc. IVCA, R ~rl con,f.~c,~ ~ ~ forih. ~h¢ mai p.:T=cv/d--.~:n'b~d on E.xl~a'bi~ "1" ~ in Collier Owner a proper temfinagon anti release in r~..o~ble form within sev~n (7) days ~fler Buyer's pr~par~ md r~.od tl~ rumination ~d r~le~ of B~s rlghu by ~son of t~;, ~ B~r ~thori~ ali thlr~ p~nit-s to rely on s .~!~..~ ~.d ~rn:'r~ioa of Buy~s ri~hu by ~ of figs A~ ~ signet, ~ad ffl~ by O,~mer. Buyer ~,r~s to pay Owner ~II cos~ sad Sigr~d, S~d and l~iv~xl in the pr~s~.~ of~ Buy=: SIO'NATURE COMMUNITI~, INC., a Flor/& Ocr~d F. G~m-. U, Prcsidc~ Dale: Buyer's FEIN: A. L. DOUG}flERTY CO., INC, a corporation 13 NO. ~ PURCHASE AND SALIK. OF RF. XL PROPER.TX THIS AGREEMENT is made by,,_~ ~ DELNOR TOWIi~I~ UNIT 9, INC., an Ohio mpondon C'Own=9 snd S~GNATURE COt,~IuNmr=& INC,., · ~ori~ cotpo~ ('Buyer'). SIGNATURE COI, IVIUNITIES, 12~C., a Fl~da ~ DELNOR TOWERS UNIT 9, INC. ~n OMo AG:R£~NT FOI~ t'UR~E AND SALEOF RKAL PROPERTY TI-lIS AG~ is made by snd be~.,een DEI.NOR ENTERPP,.tSES UNIT I I PARTNERS, an Ohio gene~ ~ C'~ s~d SIGNATURE COIv~d'UN1TIES, INC., MAR ~ ~. 1998 ~ WITNESS WHER.EOF, d~s ~ ~u be~ ~ in the Ix'~e~ of: $IONA~ COI~IUNi']']]~ ~C-, DELNOR ENTERI~I~ISP.,S uNTr 1 ! PARTNERS, 13 MAR ~ ~ 1998 ~n~at r~Wn~ from I~II & Atldt~ ~7/'J~ FOR PURCHASE _AND SALE O~ RKAL PR0?ER?Y THIS AG~ i~ ~ b~ ~d ~ ~YMOh'D X. HELL~ HAROLD l~. PAR'i~:NI-I~M~ ~., FLOYD 1. ~AMM~ DALE L l~lSH, ~ DAVE) L. n~, a~ Tr~.s of DB.NOR ~ PROFI/~TI~, 1~' Do~ of Tm~ =n&z Ohio hw I laid ~, ~Wer st clos~ or upa rcama of~e d~os-it exa~. ~ $iin~ Seakd ~ad Delivered in tbe~of: SIGNATURE COMMUNI'FIF~ lNG., Buyer's FE~: ~OYD J. ~ u Co~Tnu~ of'Zkinor N~tttne l'ro~ 1~ D~a~atfon of Tr~st under 13 si~ Sc,kd ~ De]i~d SlONA~ CO~UNITI~S, nvC. Buyer's Ira:oM p. par~~ .,Vs.., as Co-ThraCe of Deinor " Ncpu~ Prolx~es, p~r Declar~on of Trust unc~ Oi~io 13 MAR ~, 9 1998 14 ~ e~l~e Ex/~i~ '2' MAR A~ 1,998 . ' ~22' '2" APPROVED TTTLE EXCEPTIONS 11. 12. MAR 2~t 1998 =MA~l/0/],,~99,._,,. _ ,, 8 / US1' OF ALL OW~EP~ IN SUBDIVISIONS LEGAL D~ON OF EACH OWHER'$ PROPEFrrY ~n M Tm~ W OMo kNr UNIT 11 PARTNERS, in O~k) Gen4r~ Pu'f. nerih/p TOWERS UWl' ~, IN~,.. ~J~ Olde Lal 7. el0ck 3. lql1G#~ Plm ~ ~ I. ~ hiM ~wld' IIcoi, ded in Pllt BOCil: 10. INe MAR2.~ 1998 JAMES W. ELKINS, P.A. A Lawyer's Profe=#lonal As#oclation 1000 TAMIAMI TRAIL NORTH, SUITE 303 NAPLES, FLORIDA 34102 941-263-0910 FAX 941-263-6091 To: Re: If you have any question regan~r~ the AffKlavit, ~ do not hesitate to contact me. cc: Richard D. Yovanovich, F. aqui~ I, RF..N~E NICKEL, as Socrclary orA. L DOUGHERTY CO., INC., a D~lawat~ corporation, being first dub' sworn, d~pose and say that the follov, ing persons are the elected oflicen of A. L DOU~TY CO., INC.: Rca~ Nickel- Scc~ Sar~ Doughcrly Ungad - Assistant Trcasurcr Dina ,ay of A. I- EX)UGI-TKRTY CO., INC. Rm~ Nickcl, ~;ccrct~ STATE OF II.LL'N'OIS COUNTY OF VERXflLION am a Notary Public who is authorized in the state and count)' namcd above to take oaths, and acknowlcdgcm~m. I ~ that RENEE NICKEL is Jlx'rson~l~' known to mc, or has produced a as idcntificatiorg and who did take an oath the facts asa~ arc true, or did not take an oath. If nothing is checked, I know each of them, and each of th~m took an oath. I also certify tim she 1) sign~ ~ ~ = thc S~'~y ofA. L. DOUGHERTY CO., INC., a Delaware corl~ation, 2) acknowledged thc ~ecution of this docum~z~ for ~nd on b~half ofand ~ thc act and docd of that corpora~ 3) ~tatcd she is authorized to sign for {:ho corporation by that corporation by rcsolution, or by law, or both and 4) stated Ibc scal affixed is thc ~ of th~ corporation. day of ]=mry 2, 1998 $1nccr~y, D'~cta. ted but ~ Rldmd D, Y~ l~or fl~ Finn RDY/d~ 3m~ W. E]c:lm, Ni~olu P, ~, MAR ~ ~ 1998 Be*..~y 3, Angle _ ~Jtrold :rd, ~nJ~ W~lZlan B. GelS'~' mum ,,,mm Dear Mr. Niuo: F.~clo~ is a ~ of ~bc officc~ of 13~uor Tow~r~ Uui~ 9, In~., one of the ~ involved in the abave-r~fereuc~ PUD Petiti~ wht~ you requ~ ~,, our znc~S of ~ 31, 1997. T{~ Ridm'd D. Yom2ovi~ l~r tho Finn RI)Y/silO cc: I_~,s__ W. l~lm, P, squtre 1173,{2_1 ,WP{ 12231 Mo~ ~isml~ ~ive ~. O. ~ 433 3S24 ~~ ROEI ANDRESS January 7, I~98 1~. Ron Nino, Senior Phz~or Community Developnmat Services Div~ion ~ No~ Ho~h~ N~I~, ~ ~1~ RE: Wiggins Pass PUD Petition Dear Mr. Nino: Enclosed is a list of the Delnor Neptune Properties Trust shareholder~, one of the entities involved in the above-referenced PUD Petition, which you requested in our meeting of December 31, 1~)7. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Richard D. Yovanovich For the Firm RDY/sho Enclosures cc: James W. Elkim, F.$quir¢ (w/out enclosures) Nickolas P. Andreeff, Esquire (w/out enclosures) Richard Grant, F, squir~ (w/out inclosures) 4:7_! NICKOL&I FI. ANDRI:£ItF AN£R CUNNINGHA~ BRENNAN CO., L.P.A. ATTORNry$ AND COUNSELLORS AT I.AW SIXTH II'l,~)O~, KI"Y IUIk, DIN~ IS, I~)t,~rH MAIN ST~I:I:T AKRON. OHIO 44308-1322 Fax: f2161 575-2649 Ms. Sherry L. Damore Vice President, Corporate Trust Department National City Center, Room 635 1900 E. 9th Street P.O. Box 94915 Cleveland, OH 44101-4915 January 2, 1998 Dear Ms. Damore: As die, cussed by phone this afternoon, we arc going through our list of De[nor-Neptune Properties Trust shareholders and updating information prior to a pending sale of the last remaining holding of property in Naples, Florida. Please check your records to see the status of the following shareholders and indicate if thc holdings are still in these names or if they have been transferred. I have correspondence in the file for a number of these, but not a bank statement showing the actual transfer was made. We had proxy notices returned indicating that some of the shareholders had passed away. Information on how to transfer shares was mailed to them, but in some cases no response was received by our office. Some ofthese people may have contacted the bank directly and arranged for transfer mad we were not notified. Malloy, Estate of James A to Joan P. Malloy Barratt, Estate of Wm. E. Barrart to Ruth S. Barratt Dst'row, Geo. G. and Bessie L. Janashalg Donald A & Janet L. to Sliwinski, Teddy Moran, Estate of George Anstine, Richard C. to Marsha Simonyi Klamm, Carolyn to Nelson Thatcher, Donald E. Ms. Sherry L. Damore Vice President, Corporate Trust Department National City Bank January 2, 1998 Page 2 I would apprtciate the izfformation requested on these aforementioned shareholders (listed above) at your earliest convenience as w~ must send a list of the sharcholdcrs to Naples as soon as possible in connection with the pendi~ ~le. I am also sending you (by mail) a copy of our most recent updated list of shareholders ami addresses. At your ~arliest convenience, this should be cross-checked with the bank's list of shareholders and any discrcpa~es notcd. Thank you for you~ help. Sincerely, Anne M. Schellin Assistant to Nickolas P. Andreeff ADDRESS AND NUMBER OF SHARES/ SHAREHOLDERS TELEPHONE NOS. COMMENTS Marie L. Abbott 1544 Beethoven Dr. 71 Westlake, OH 44145 Douglas D. Adair 215 Tucker Dr. 126 Worthington, OH 43085 Ilominic F. Alexander 255 N. Portage Path 410 Apt. 407 Akron, OH 44303 Gus N. Alexander 1199 Berwin Street 410 Akron, OH 44310 376-8105 Alfred & Mildred Andrea 961 Woodward Ave. 85 Akron, OH 44310-1409 - 253-4282 National City Bank, National City Bank, Northeast 394 Tr. for Amer Cunningham Attention: R. B. McGuckin Brennan Co., L.P.A. PSP, One Cascade Plaza fbo Andreeff Akron, Ohio 44308 Nickolas p. Andreeff Sixth Floor, Society Building 390 ,, Akron, OH 44308 Advest, Inc. FBO Eugene 4833 Munson Street 85 Andrews IRA A/C# 578- Canton, OH 44718 70632-1-2 Doris Angel 107-A Foster Dr. 13 Sciremammano Willimantic, CT 06226 Richard C. Anstine (Daughter: Marsha Jo Simonyi, 45 (Deceased) {~,G, s.,~ ko 4411 Mellinger Rd., Canfield, ~ughCerforfo~ardl~; informed ~. OH 444.06) Cortes. from Nathan Roman, Ans~lns is dscs&sed, pro~ rs~u~sd and II~d ~ ~ugh~sr} (Tra~fsr info sent! Am. Express Financial, 970 Wtndham Court, Suite 7, Youngstown, OH 44512 Dorsey N. & Maureen A. 807 Boyce Avenue 252 Baldwin ... Towson, Maryland 21204 Barclay, VickS $. (Ssndall ~11*~lcoherc/o [dvard D. Jonss Co. 35 201 ~ll Parkway ~And ~e/ghcs, ~ 63043-3001 {lcovelll Ri~e. orig=~l s~rs~ldsr {Local ACl~rsss: 777 ~esd Ave. Harry James Barber Canno~ Locate 20 S~r.s Ruth S. Barratt 1825 Mooring Line Dr. #3-C 168 ?r&ns~.~s~ ~r~..=a=. c~ ~. s. Vero Beach, FL 32960 R-357-7862/B-3 I Monica Bartholomew 920 S.E. Dixie Hwy. 205 and Chet Stuart, FL 34994 ~ ~artholomew (407) 286-~L7' · orme=ly Monica Pe&rcyI Joy M. Beam 3308 Cambridge Ave. 30 Bradenton, FL 34207-5008 Benjamin A. & Jean A. 15064 Lake Ave. 461 Bell Middlefield, OH 44062 632-6006 Dr. Otto N. Bernath 671 Delaware Ave. 18 Akron, OH 44303 836-1898 Krank & Dorothy Bezak 36050 Maplegrove Rt. 6 410 Willoughby Hills, OH 44094- 6910 Hubert H. Birkenkamp, 1434 wilderness Drive 410 Jr. Maumee, OH 43537-2621 (419) 897-0806 Dale E. Bishop 4021 Orange Grove Blvd N 231 (Wife, Drusilla J. Ft. Myers, FL 33903-4929 - Bishop, DOD 10/1/93) (941) 995-492~ Lester L. Bishop, 4205 Glasgow Ct. 116 Trustee of Lester L. N. Fort Myers, FL 33903 Bishop Revocable Trust U/O/T dated 5-19-93 Ethel M. Bishop, Trustee 4205 Glasgow Ct. 115 of Ethel M. Bishop N. Fort Myers, FL Revocable Trust U/O/T 33903 dated 5/19/93 Ada Blain No Forwarding Address 13 Russell R. & Virginia L. P.O. Box 7551 410 Bodle Naples, FL 33941 1-813-597-6340 Julius S & G. Bodnar 4345 Valley Forge Drive 126 Fairview Park, OH 44126 333-5594 Julius S. Bodnar 4345 Valley Forge Drive 456 Fairview Park, OH 44126 Joseph T. Bolognue 290 Marion Lake Boulevard 55 Cuyahoga Falls, OH 44223 928-7239 733-7951 James V. & Sandra A. 3587 Higgins Drive 410 Boyer Norton, OH 44203-5569 Cleveland, OH 4,109 $~1-~20 -2- p~.~ _ ., -- ~'n A. Brennan, Tr. For Sixth Floor, Society Building 205 Brennan Children's Trust Akron, OH 44308 :!,t~onal C~y ~ank, Tr. Na~io~'~l City Bamk, Nor~heas~ 525 ~.: ~. ,,,. for Amer Cunningham Attent [on: R. B. McGuckin Brennan Co., L.P.A. PSP, One Cascade Plaza lbo Brennan Akron, Ohio 44308 David L. Brennan Sixth Floor, Society Building 334 Akron, OH 44308 Marcus A. Brinks, Tru,tee New Address: 589 for ~hl Heir*rich Anion Brink~ 2828 Heritage AVe., N.W. u,~r~x.. ~voc~bl~ Tru~ Canton, OH 44718 Hildegard Brinks New Address: 174 · 2828 Heritage AVe., N.W. Canton, OH 44718 Harold R. & Winefred J. 7111 Kate Drive 456 Brown Hudson, OH 44236 H-650-9633 B-688-7478 C. Stuart & Emily R. 418 Hickory Hollow 33 Bryant Canfield, OH 44406 533-3898 Orin Butler Rt. #2, Box 126 126 Georgetown, TN 37336 Rodney E. Callander 485 W. Church St. 30 Newark, OH 43055 Joseph Cancila 5 The Landings South 71 Dunwoody, GA. 30350 (770) 992-7613 William Gene & Mitzie 61 Kehner Road 118 Jean Carey Mogadore, OH 44260 B-794-3423 H-877-1614 Steve C. Charnas 1821 Todd Ave. N.W. 17 s~.. Warren, OH 44485 Joseph Chiavari (Ruth) 16912 E. LaMontana Drive, 82 Apt. D-114 Fountain Hills, AZ 87268-4010 Alyce J. Chickering 310 Marwood Dr. SE Warren, OH 410 44484-4642 Dr. Donald J. Chionchio P.O. Box 186 252 Main Street, S.E. Kinsman, OH 44428-0186 Aphrodite Ciraldo 786 Meridith Lane 205 Cuyahoga Falls, O~ 44223 -3- v.l~a Coa~es Robert B. & Doris Mo Cole Robert W. Colopy, M.D. (Use Painesville Address for Annual Mtg.) (~ny Melvin Corm Joseph B. & Frank J. Cosentino Vince Costello Charlene Crawford Charlene Crawford, Tr. for the Benefit of Sharon E. Bartlett and Robert T. Bartlett Melvin J. Cruder National City c/o Banc OH National Bank, Tr. for Amer Cunningham Brennan Co., L.P.A. PSP, fbo Cunningham Richard T. Cunningham Ellen Elizabeth Curran R. Fred & Bonnie L. Damerow Bob F. Danner George E. & Bessie L. marrow (Per l,:cer ~r~ ^c~,. O'Ma~a 7/24/97; George E. died 10/14/96) S~res w~11 ~ transferred co Bessie h. 65-2 1689 Berna Road Akron, OH 44312 R-644-9200 B-724-0177 12 Wintergreen Hill Drive Painesville, OH 44077-5328 & also 1825 Mooringline Dr., E-3F Vero Beach, FL 32963 5439 Citation Rd. N Toledo, OH 43615-2159 442 Avis Ave., N.W. Massillon, OH 44646-3566 8845 Mission Road Leawood Kansas City, MO 66206 415 Willowwoo~ Dr. Dayton, OH 45404 415 Willowwood Dr. Dayton, OH 45404 9002 N. W. 23rd St. Coral Springs, FL 33065 National City Bank, Northeast A~tention: R. B. McGuckin One Cascade Plaza Akron, Ohio 44308 Sixth Floor, Society Building Akron, OH 44308 Robert M. Curran, M.D., Inc. 8224 Mentor Ave. Mentor, OH 44060 255-6260 1135 Top of Hill Akron, OH 44313 2083 Carlile Dr. Uniontown, Oh 4468~ 1409 S.W. 69th St. Oklahoma City, OK 73159 12 410 912 60 SO 82 1998 61 410 51 390 86 41 S Re: P. ic~z'd T. Curia:Lng'hal -4- 2 13 T tI t John H. Davis 800 S. 15th St. 4~0 Box 1-510 ._ Sebring, Ch t~672 Marque C. & Phyllis F. 638 Coshocton Ave. 43 Debenport Thronville, OH 43076-9346 Richard W. & Harriet J. 34014 Highland Rd. 159 DiBartolo Leesburg, FL 34748 (New address or addi~'l address?): 1301 Lakeview Court Brevard, N.C. 28712 Anna DiLullo 2349 13th Street 66 (Mrs. Ralph F.) Cuyahoga Falls, OH 44223-2029 · (330) 923-6823 Shirley Dobbs 3389 Bon Air, N.W. 80 Warren, OH 44485-1304 A:to~:~~r 898-2241 210 l, Park AR., 1207, #&~, ~ 4441X Send Annual Notice to hom~ James F. Doyle No Forwardin9 Address 25 William T. Dcyle, Jr. 2542 Miramar 25 University Hg~s, OH 44118 Joh~ Allen Drotos 193 Oakwood Drive 13 Naples, FL 33942 James John Dro~os 6703 Commadore Way 13 Tampa, FL 33615-5810 (813) 855-3477 Max Dunlevy & Margie 2441 Northview Road 46 Dunlevy Rocky River, OH 44116 333-7996/522-3535 Donald G. Dye 2800 Pin-Oak Lane N.W. 126 Warren, OH 44481 Edward D. Jones & Co. 201 Progress Parkway 35 A~'": ~'~Y Maryland Heights, MO 63043- (~tmte Div~lion-~l:omer 122-07441-X-0) 3002 ~ree ~O~lerly ~ld ~ l~ovella li~e Hugh J. & Joyce Edwards 503 Portage Lakes Drive 12 Akron, OH 44319 896-2866 Jack N. & Eileen C. 2403 23rd Street 60 Ellsworth Cuyahoga Falls, OH 44223-1507 928-6507 Joseph & Shirley M. 2235 Norman Drive 137 Elnikar Stow, OH 44224 688-6864 Marjorie R. Emch 109 Welsh Hill R~. "~~~_J McDonald, OH 44417 -'~~,,/" __ E%.~rhard Development, 3880 Croydon Dr. NW 3.08 Inc. Canton, OH 44718 Akron, OH 44310 R-928-1310 B-784-4491 R. Jack Finefrock 9255 Beech Lane, Atwood Glens 82 Mineral City, OH 44656 Ralph J. Fintz, M.D. 2555 Piedmont Ct. 410 (& Jean A.) Westlake, OH 44145 R- B-251-3900 First of Michigan Corp. 100 Renaissance Center, 26th 36 Floor Detroit, MI 48243 Fred P. & Eileen S. 1670 Union Street 410 Fisher Cuyahoga Falls, OH 44221 R- 923-1823 B-923-2212 William E. Fletcher, 10595 Clearlake Dr. 456 M.D. Painesville, OH 44077 Theodore A. & Marshall 3504 Bobwhite Rd. 48 Fogerty Melbourne, FL 32904 & Also 7 Leavitt St. Skowhegen, Maine 04~76 (207) 474-6708 John P. Fongheiser 1975 6th Street 75 Akron, OH 44314 753-9765 Susan N. Foster 236 Fairview 126 Doylestown, OH 44230-1417 658-6012 Mary D. Frabotta 20570 Westport Ave. 252 Euclid, OH 44123 481-6357 Tony Frabotta 20570 Westport Ave. 252 Euclid, OH 44123 481-6357 Robert T. & Patricia H. 7015 Center Street 14 Fracci Mentcr, ~ 44060 1-255-2297 Thomas C. & Darlene R. 7281 Meadowlawn Dr. Fracci Mentor, OH 4406Q Rocky River, OK 4~ ,., 333-5820 Dwight L. Fullerton 975 S. High St. 410 Columbus, O~ 43206 Charles J. & Su~an J. 11.55 pleas~ Valley N.E. 410 Garvin Warren, OH 44483-4548 L~o L. & Ethel A. Gary 3301 Darrow Road 100 Stow, OH 44224 688-4526 Wayne German 165 E. Mohawk Dr. 82 Malvern, OH 44644-9560 A.K. Irrevocable Trust, 3314 Waterside Dr. 492 Thomas R. Gerstenslager, Akron, OH 44319-3040 Trustee 644-4410 H.A. Gesenhues, M.D. 315 S. Chapel Ave. 410 Louisville, OH 44641 R-875-9221 B-875-8311 Edward E. Giet &Ann L. 2859 State Rt. 43 27 Giet Mogadore, OH 44260 673-0511 William F. Grady 8111 Bay Colony Drive 456 Unit 1804 Naples, FL 33963 (941) 592-5597 - an4 &ilo - [~y? - ?) Hidden Valley Drive #7 Rocky River, OH 44116 James H. & Shirley L. 6773 Thicket St., N.W. 16 Green, Trustees, ~,n~,~o~ Canton, OH 44708-5830 JaRs H. ~r~n & Shirley L. ~reen U/T/A Vivian E. Griffin 3880 Croydon Dr. NW 60 Canton, OH 44718 Otto A. & Annette S. 9461 Eureka Parkway 216 Gross, Trustees of the Parma Hgts, OH 44130 Gross Family Trust under (Jan. - May): Trust dated 11-10-93 3221 Benava Rd. Al03 Sarasota, FL 34232-4532 Alice E. Grover 1850 2nd St. #1214 33 Cuyahoga Falls, OH 44221 R- 929-8122 B-923-2205 Robert L. & Doris I. 935 Xanadu Avenue 100 Guisinger Venice, FL 34292 John W. Guyon 420 Dunbarto~ Blvd. 252 Richmond Hgts, OH 44143 481-7039 C.A. Hackathorn, Jr. 1489 Elm Grove Ave. '~:'= 7/1/'?. ~'= cer~lc&ce. ~n Akron, OH 44312 '7- alph B. & Elsie Hagmann iram H. Hardesty Barbara M. Harkness Joseph A. Hartman, Jr. Wayne L. Hartzell Paul K. & Jean L. Hather Jack H. Hausch Shares =r&nlferred from mo=her, Josephine M. Hausch Larry Evan & Jane Ann Hausch Elmer E. & Imogene E. Heintz Michael E. Heister, Grdn. Denise M. Heister, Minor Michael E. Heister, Grdn. Mar~y L. Heister, Minor Michael E. Heister, Grdn. James B. Heister, Minor Rita M. Heller W. Gibbs Herbruck William S. & Evelyn R. Hewett Ora J. & Nancy K. Hochstetler 3340 Hudson Drive Cuyahoga Falls. OH 44~.~' 928-27~,3 3310 War,ensville Center Road Cleveland, OH 44122 1295 Lake Martin Drive Kent, OH 44240 200 Clen Moore Boulevard New Castle, PA 16105 (412) 654-5758 New Address: 23 Jackson Avenue Lehigh Acres, FL 33936-5525 21 Sunset Drive Caldwell, OH 43724-9712 4333 Leighurst Dr. Akron, OH 44319 1100 Linmar Drive N. Canton, OH 44720 896-9144 907 Ludwig Drive Gahanna, OH 43230 (614) 855-7214 1894 Berkshire Club Drive Cincinnati, OH 45230 1894 Berkshire Club Drive Cincinnati, OH 45230 1894 Berkshire Club Drive Cincinnati, OH 45230 2260 Stone Creek Trail Cuyahoga Falls, OH 44223-1267 R-928-9691 B-929-2802 418 Collection Ave., S.E. Aiken, S.C. 29801-4~04 2380 Saga Circle NE East Canton, OH 44730 456-4331 4300 Greenville W. Farmington, 849-2396 -8- ' Rd.,o. ~ )H 44491~-~' 29 410 456 126 137 46 137 252 Iio I"orwazd 8 8 820 603 410 Clarence R. Hoey A. Jean Hoffman Robert E. Hogg Frank & Mary Holko Edward H. Holliger, D.V.M. Paul E. Ho!man James L. & Regina S. Holt Herbert C. & Yvonne M. Housel Richard L. Housley Robert C. & Martha J. Howard c/o Maier& Roey Real Estate 17 E. Church St. Newark, OH 43055 No Forwarding Address Robert E. Hogg Ins. Agency P. O. Box 160 Hubbard, OH 44425-0160 (Oct. - May): 528 Retreat Drive Bldg. 1 Apt. 204 Naples, FL 34110-8078 (813) 566-7949 6190 State Rt. 46, NE Cortland, OH 44410 1804 Stonehenge Ave., N.E. Warren, OH 44483 R-372-4890 B-372-4001 1069 Carnegie Ave. Akron, OH 44314 745-6240 816 Greengate Oval Northfield, OH 44067 598 W. Mullberry Jefferson, OH 44047 576-2971 520 Meredith Lane Apt. #104 Cuyahoga Falls, OH 44223-2567 1570 Ottowa Ave. Akron, OH 44305-284 733-4272/733-6201 Lillian C. Hummer No Forwarding Address Florence M. Hunter 2080 Forest Drive and/or Abigal Marie Clearwater, FL 34623-1301 Keiter m., Ab~gal M. Keller. 177~ Donw~ll Dx.. S. ~ucl~d, O~{ 44121 Frederick G. & Jean L. Route 1, Box 205-28 Hurner Connelly Springs, NC 28612 Cecelia A. Inman 4746 Roadoan Rd. Brooklyn, OH 44144 741-8634 Warren James Box 472 230 Harrison 44613 Magnolia, OH -9- / 20 492 252 126 456 410 80 252 126 820 45 479 51 151 82 o)nalo A. JanasnaK ~ ~ wesuv~ew ~u. ~ o~ [, ,~ald D~,): 10/13/94 I Bedford, OH 44146 1..~6:' 9903 I Donald A. Janashak & 565 Wes~view Rd. 350 J~et L. Janashak Bedford, OH 44146 Janet: ~D: 5/29/94 1-662-9903 Michael Jo~ Javo~tcky ~0..-,,.~-'- ,-----" ..... 19 Mike J. Javo~icky 1914 Niles-Cortland Road, South 252 Warren, OH 44484 652-0879 i De~is M. Jenkins P.O. Box 317 137 885 Southeast Ave. Tallmadge, OH 44278 633-5511 Lester N. Jenkins 482 S. Monroe Rd. 461 Tallmadge, OH 44278 633-5511 Donald L. & Barbara M. 581 Encarnacion St. 27 Joel Punta ~rda, FL 33983 Ma~ Frances Jonson 472 Derbyshire Drive 410 T~s~, Declaration of T~s:, Venice, Fla. 34292-3681 April 4, 1990, Ma~ Frances Key T~st Company of P.O. Box 9950 96 Ohio, N.A., Trustee, Canton, OH 44711-0950 U/A D~ 5-5-72 Je~ S. Jones Rev. T~st Lucinda H. Jones 8300 Olentan~ River Road 410 Delaware, OH 43015-9210 Richard C. Jones 8300 O!entan~ River Road 410 Delaware, OH 43015-9210 Jerold F. & Ruth B. Jost 1041 Bunker Drive 47 ~ron, OH 44333-3001 666-3859 Rudy S. Jovanov & 2~ancy 15701 Northwood Dr. 13 L. Jovanov Maple Hgts, OH 44137 587-0890 Barbara J. Kast 3390 Meese Rd. SE .. 82 L[llie Belle Kennedy jeffrey Lynn Kieffer Nelson E. Klamm ~.D. SI410~ Harold J. & Lucille M. Klotzel Landon Knight Wanda D. Kollenkark Donna F. Ko=hmayer William R. Kothmayer Mary V. Lab Od Laden Karen E. Lally Wilson B. Leathers Leonard W. Letke Laird P. Lias David L. & Donna G. Lightel Dr. George Lockhart III Thomas C. & Doris Logan Mary Ann Logan New Address: 8609 Werge~' Rd. Ga~*~etsville, OH 44231-9753 No Forwarding Address Stratford Court 45 Katherine Blvd, Apt. 437 Palm Harbor, FL 34684 773 Midland Avenue Ravenna, OH 44266 R-297-0508 B-297-1491 3535 S. Smith Rd. Akron, OH 44313 New Address: P.O. Box 609 Santa Clara, Utah 84765-0609 2321 S.E. 27th St. Cape Coral, FL 33904-3364 2321 S.E. 27th St. Cape Coral, FL 33904-3364 2435 Mary Lou NW Massillon, OH 44646 No Forwarding Address 957 Bonnie Brae Ave. Youngstown, OH 44511 783-2919 1656 Eleanor Toledo, OH 43612 3304 BlueJay Lane Drive Englewood, FL 34224 1602 S. Lincoln St. Kent, OH 44240 840 S. Collier Apt. 606 Marco Island, FL 34145 565 N. Portage Path Akron, OH 44303 864-3337 476 N. Rhodes Niles, OH 444 -11- ,ve6 19 8 2 39 45 252 86 492 6O 126 179 137 492 126 82O 46 Ph[llip F. Lucco 760 E. Glenwood Avenue 85 Akron, OH 44310-345? 253-6 :. ~8 _ 3560 Austintown-Warren Road 34 Margaret M. McCaughtry Mineral Ridge, OH 44440-9752 John V. Sally L. 3893 Bay Path Drive 410 McDowell Akron, OH 44319-2894 644-8659 Benjamin & Adah E. (6 months each location): 29 McMullin 7618 Warren Sharon Rd. Brookfield, OH 44403 (330) 448-1502 502-C Wingfoot Drive Jupiter, FL 33458-7672 (561) 744-9792 Jeffrey L. Mack New Address: 1653 3500 Downing Court Virginia Beach, VA. 23452-4502 (804) 463-4325 Donald D. MacKay & Wendy 200 Granger Road ' 410 Mackay Trustees, Donald #94 D. MacKay, DDS, Inc. Medina, OH 44256 Pension Plan Joseph J. Maher, M.D. 190 Fairfield Road 86 Painesville, OH 44077 (216) 352-3408 Virginia V. Makin 1586 Kingsley Ave. 21 Akron, OH 44313 David Maletich c/o David Maletich, Jr. 23 3516 Green Dr. Akron, OH 44313 Linda Mallow 1275-05 Norton Ave. 133 Norton, OH 44203 James A. & Joan P. 8120 Lako O'Springs North 410 Malloy ~,~, ~. ~.:.,,.~ ~;~/~ Canton, OH 44720 TTLn.sfi~ Ln~o lan: r.o Joan P. Audrey A. Man~ 4215 E. Bay Dr. #202 137 ~s~.. ~u~.~.~ ~/0)/~? ~ c,~ ~. Clearwater, FL 33764 Walter R. & Janet L. 10438 Lakeport Ct. 24 Marik Lehigh Acres, FL 33936-7242 Audrey Markferding 1220 Briar Hill Dr. 1054 Bath, OH 44333 (All mail to: Box 58, Bath, OH 44210) 666-9198 - ^~%'~.A~ Louise Markferding 31 Silver Street 72 (effec~ive 10/25/95) Malverne,(212) 339-3702NY' 11!.65~~..___~ Lawrence L. Margroff Larry D. Markley Norma Smith Marshall (Recipient of Albert & Alice Ace shares) JeaneCte Matejka Hilda M. Matteo McDonald & Company Securities, Inc. Res Charles B. Kohl Richard B. & Marjorie K. Miles 2112 Tyrone St. Akron, OH ;4312-~2~ 784-6119 265 Franklin Dr. Doylestown, OH 44230 335-6983 8080 Freedom Road Windham, OH 44288 New Address: 537 Overwood Rd. Akron, OH 44313 28833 Clark Drive Wickliffe, OH 44092 943-2390 2100 Central National Bldg. 800 Superior Avenue Cleveland, OH 44114-2603 2730 Susan Lane . P. O. Box 12 Cuyahoga Fall~, OH 44223 - 923- 4422 Dan L. & Elizabeth Ann 32 Ocean Breeze Dr. Miller Jensen Beach, FL 34957 Mary A. Miller 1291 LaRochelle Dr. (Mrs. DavidLewis Miller) Columbus, OH 43221 Robert D. Mitzel Revocable Trust dated June 24, 1993 Vanderbilt Towers #1, Apt. #504 5 Bluebill Ave. Naples, FL 33940 (813) 597-1004 817 Fairway Dr. NE Warren, OH 44483-5637 B-379-7151 Dr. George & Margaret Mokris Ronald E. & Judith Ann Mondy (George Moran, deceased) Son: Daniel Moran Frank Montana, Jr. 1547 Vicgross Ave. Akron, OH 44310 633-9010 (Daniel's address) 7852 Georgtown St.N.E. Louisville, OH 44641-9656 578 -108th Ave. Naples, FL 33963 & 51 E. 224th Street Euclid, OH 44123 -13- 820 12 252 126 49 126 45 15 410 456 126 82 126 M~rtha M. Monteith 611 Rocky Hollow Dri,~e 1003 Akron, OH 44313 864 .7 '~9~2 Pescadora Fort Myers Beach, FL 33931 (813) 463-2132 Sandra M. Moore 3940 Greentree Rd. 137 Stow, OH 44224 Opal P. Moose 3130 Lynwood, N.W. 410 Warren, OH 44485-1307 898-2773 John N. Mrosko 16176 Sentinal Drive 36 Sun City West, AZ. 85375-3881 Tony P. Muccio 404 Hogarth Ave. 126 Niles, OH 44446 Ralph G. & Rita M. 6322 Cottonwood Ln. 492 Murman Opollo Beach, FL 33572 William E. & Lorene 10210 6E 178th St. 120 Myers as Trustees of the Summerfield, FL ' William E. & B. Lorene 33572 Myers Revocable Trust dtd 8-27-92 Leonard J. Nagel 10806 Cardinal Lane 137 Brecksville, OH 44141 - 226- 1875 Michael J. Naples 1605 "~.~._.,,.~ .... A;'---'- ..... 126 (19~&: ~en~ c/o Suzar~e Naples; neither ~: ~ _~ , r~T~ ....... ~ ~ ~ ~ .~ forvsrd) proxy returned) / ~ .~ /" ~. /" ~ ~ ,~ ~ ~ ~, Suzanne Naples 1605 Vienna Ave. 126 Niles, OH 44446 Frank E. & Martha R. 7930 Wood Pointe Ct. 410 Nathanson Sarasota, FL 34238-2946 (941) 923-5073 Laura Stewart Nay 143 Kenilworth Dr. 57 Akron, OH 44313 836-5868 James L. Neale, Jr. 18143 Strongsville Blvd. 126 Strongsville, OH 44136 - 826- 3046 Richard E. Neidert cio BNB Corp. Tr. Div. Sec. 14 155 E. Broad St. Columbus, OH 43215 Judy Moskwa Ne man 1501 Lake Center N.W. 38 Uniontown OH 446~ ~ ~~/'~~ (330) 877-1575 N, ,~e,r...~=°' William H. Ney, III & 133 F!intridge Dr, ~_~l~ 1998 49'J%t( ~]~9i:~I"- "' ~ Linda D. Ney Gahanna, OH 43230 R~ta J. Nockengust 12424 Corinth Court 125 Strongsville, OH 44136 N~rman G. Nosek ~)50 Woodwalk Dr. 20 Brecksville, OH 441~1 Lawrence Oana 550 Auburndale 46 Akron, OH 44313 864-7684 Lucile M. O'Brien 32770 Hiram Trail 410 Moreland Hills, OH 44022 Dr. Henry J. & Mrs. 116 Hunter's Run Trail 82 Amelia J. Oles San Marcos, TX 78666-8929 Jack E. & Betty W. 4980 Northlawn Dr., 42 Olhoeft (Co-Trustees for Murrysville, PA. 15668 the Olhoeft Family Trust, ~ ~:/~/~:, ~.s. ,~0~-~- 4~S1)(fro~ ~l~te M. Olhoef~ CDOD & ~ad. 1 &. 01hoe£t (DOD 11/11/94)(Ill Alan R. Olhoeft (Sue) 6 Coronado Point 42 ~f.s. s2~s.~0.~s~) Lacuna Niguel, CA 92677 (714) 363-7755 Paul F. Olhoeft and 4440 Jason Drive 42 Rosemary M. Marper, ~:o,.~ Wilmington, NC vl~ ~gh~o of Su~lvorship, S.S. 2o-5o4o) 28405-1225 (910) 392-9369 Dominic Olivo 132 Graham Rd. 47 Cuyahoga Falls, OH 44223 (330) 923-4256 Paul H. Orr, Jr. 1529 Acorn Court 263 Wheeling IL 60090 (708) 808-8023 Defreda Packard 7115 Run Park 63 ~.=~ .~, Youngstown, OH 44512 - 726-7717 Harry N. & Joanne Papas 1809 Brookwood Dr. 410 Akron, OH 44313 864-4040 Frank Papatonis 364 Kent Drive 11 Tallmadge, OH 44278 Rosalene J. Partenheimer 5852-B Summerfield Court 352 Ft. Pierce, FL 34982-3793 _ (407) 460-1948 Dorothy Partenheimer 2501 Lancaster Rd., N.W. 410 Wilson, NC 27896-1226 Leonard A. Patrick 2780 Sixth St. 492 Cuyahoga Falls, OH 44221-203Q ., 928-4217. . - ..~ r:~ ~ NARA 1998 98 L S..n Bank/Sou~hwes= Sun Bank/Sou~hwes~ 56 F .orida, as Successor ^~.n,~on: Tr,~ '. '.~',. T~,, T:us=ee of r. be Rober= ~. P. O. Box Pa~on Revocable T~s~ Ft. Myers, FL ~3918 did 5-18-81 (813) 275-3200 Tax I.D. ~59-6862788 ~,p~,,. ~h~ c. Pa~c~ ~ed. ~ssi. (s4~) S~l-0320} ~ d~I~r~ed ~ ~l~r I~reI ~o ~ leIued ~. 1320 ~ce I~ree~. ~r. James F. Pear~ -~ ~ ,.-,-~,,"--~ .... Vi~ Drlv~- 205 (330) 644-7993 (No fo~a=d Donald C. Plas=erer 10403 N.E. 74th Sr., 50 Vancouver, WA 98662-4807 Jo~ C. & Jane E. Plum 1603 A Treetop Trail 871 ~ron, OH 44313 Polly & Co. Bank of New York 75 P. O. Box 1068 Wall S=reet Sra. ' New York, ~ 1~005 The Powell Elec=ric, 111 South 21s= St. 579 Inc. (~a Powell Newark, OH 43055 Org~izl=ion, Inc. by T.A. 344-1664 Vowel1, Jr., William J. Primrose, Jr. 2260 Pebble Cove 456 Westlake, OH 44145-4382 ~z~= ~ed =o C~e~e~ md~=e.m, ~==~ (216) 331-9373 The Dorchester PHE 608S Pelican Bay Blvd Naples FL. Ma~ Beth Radigan No Fo~arding Address 25 Be~ard ~. Raimer ~901 Lafayette Boulevard Zndependence, OH ~4131 - 3164 Ma~ T. Raimer 6701 ~faye=Ce Boulevard 115 Independence, O~ 44131 (Herb Rame~an, Sr. for) 27750 N. Woodland Road 60 James W. Rame~an Pepper Pike, OH 44124 (FIcd.'g7 I~d JIMs W. RaM~n) Flo~d J. Ramm ~750 Cliffview Rd. 391 Cleveland, OH 44112 486-6352 Judi=h A. Ramm 1750 Cliffview Rd .... 486-6352 Barbara J. Redman 5'mel:rios G. 2etikas & Pnaidra Retikas (Novella Ridge) ~/20/tS! J'nares re-lalued equally Co '..he below: lee c~frel. ?/1/97 ]5 ~rel each ~; ~Xc~i h, larclav (~ all MXI~s c/o ~ard D. Jo~o 201 ~ell Parkway (~1 ~ess: ~V Re~ Ave. ~, ~ 44306) mi~ite DAvlllon-~l(mr I22-0744I-1-0J 201 ~eso Parkway David ~. R~egler 2451 Andrews Dr. NE Warren, OM 44481 771 N. Portage Pach Akron, OH 44303 Gary Ridge, Executor 580 Redstone Drive Broomfield, CO 80020 (303) 289-3595 x384 (office) (303) 469-4791 Vicki L. Barclay, 827 Springwater Dr. Akron, OH 44313 666-2257 48 205 70 410 William H. & Cheryl J. Salisbury Lawrence A. Sanderson George A. Dietrich, Tr. with Frank P. Ryder William L. & Janet L. Rutan Richard J. Russette Dr. Herman Rugani, Jr. c/o Craig H. Stahl Power of Atcomey 3/30/9S 107 Lurie Lane Sandusky, OH 44870 (419) 625-7780 11109 Madison Rd. Huntsburg, OH 44046 636-3073 7279 Grovedell St. Waynesburg, OH 44688 - 866-5136 7260 Willow Oak Dr. West Bloomfield, MI 48324 76 Parker Lane Tallmadge, OH 44278 633-7413 75 E. Market St. Akron, OH 44308 111 Hawk Avenue Akron, OH 44312-1434 613 S. Leavitt Leartthsburg, OH 44430 Nick G. Sandru 2950 Englewood Dr= .. Ca. o , o. 492-1825 MAR 1998 John J. & Lois R. Rogers 20 82 36 126 60 137 252 Deloris E. Riley No Forwarding Address 97 Dale L. & Kathryn Rash 109 Cypress Pond Road ' 492 Port Orange, ~L. 32124-6712 (904)788-1646 Gretchen A. Ritter 152 James R. Scarpitti Margo J. Saunders Richard Saunders) (Mrs. Wilbert P. Schoenbaechler Key (Society) National Bank Trustee U/A with Susan S. Schultz DTD 1- 9-82 ID #34-6798977 Dean E. Schupach Harriet B. Scully Shirley Seiler Marian L. Sellers Richard G. Sengpiel Roberta M. Shaffer Albert G. Sipka & Theresa N. Sipka 3856 Bradley-Brownlee Road Cortland, OH 44410-9714 400 N. Fed,,r~L }{~ghway #407 Deerfield Beach, FL 33441 636 Patterson Ave. Akron, OH 44310 376-9698 756 Polo Dr., N. Columbus, OH 43229-2487 (614) 885-0514 429 ButCevant Dr. Munroe Falls, OH 44262 Corp. Actions/Asset Maintenance (Proxy) 4900 Tiedeman Rd. Brookl~rn, OH 44144-2303 (Att: Mr. Terry Koch) (216)813-4407 Fax: (216) 813-4851 No Forwarding Address 24 410 252 199S: HeCuz~e~, 53 Linda E. Smarrella P.O. Pox 1175 33 Tijeras, NM 87059 John R. & Roberta J. No Forwarding Address 24 Snyder Aubrey L. Sparks, M.D. Apt.Bonita26920 Wedgew°°d ~1' ~~(941)502495-8079Springs' 34134~A~ ]998 43 P. O. Box 243 Greentown, OH 44630 4137 Heron Way E-204 Bradenton, FL 34205 1785 Fairlawn Knolls Drive Akron, OH 44313 R-836-9685 B-928-1657 182 Annadale Ave. Akron, OH 44304 27 33 59 8910 Echo Lake Dr. Warren, OH 44484-2120 856-3395 456 252 2640 S. Belvoir Boulevard University Hgts, OH 44118 932-3330 10 456 l~or~ard 23 K~hleen L. Sparks Jerome J. S~anislaw, M.D. Karl H. & Marie Starks Jennifer St eadman James W. Steckel National City Bank, NE, Tr. for John Steinhaumr IRA Rollover U/A DTD 4-3-92 John S. Steinhauer Thomas F. Steurer Joann Gayle Strabley Paul R. & Pa~ricia L. Stuhldreher Raymond R. Sutter Angelo Tamburro Thomas E. & Joan A. Terreri Esther L. Thatcher No Forwarding Address 7150 E~tero Blvd. #607 Fort My,: cs Beach, FL. 33931-4729 (941) 765-6472 230 Country Club Lane, N.E. Warren, OH 44484-4621 B-856.-3133 R-372-2563 536 woodland Dr. Tallmadge, OH 44302 633-5024 State Route 609 Burghill, OH 44404 44500 Dublin Rd. Columbus, OH 43221-5006 R-876-7505 B-224-9291 P. O. Box 2130 Akron,OH 4430%-2130 Key Building 159 S. Main St. 5th Floor, Akron, OH 44308 320 Keenan Road Peninsula, OH 44264-9791 No Forwarding Address 1057 Oakland Ave. Akron, OH 44310 1508 Dallas St. Killeen, TX 76541 (817) 634-0160 1549 Stepney St. Niles, OH 44446 652-7739 4851 W. Chester Dr. Apr. 314 Youngstown, OH 44515 2723 Riverbluff Way Sarasota, FL 34231 (813) 924-8360 & also 165 Crosswell Rd. -- [Columbus, OH 432]4 -19- MAR aC 1998 137 410 866 461 26 410 293 425 39 137 13 ~=e, 126 126 16 12 ~a~hleen A. Thoel James B. Thomas Magdalena T. Tolber~ Victor E. Tolleson III Denise Tompkins Joseph Tovissi Donald Toy Leland H. & Ellen I. Treap Marlo Valsi Peter J. Van Dijk Ix)la J. Vincent Perry Volpone, Jr. Perry Volpone, Sr. Earl R. Voorhies 2723 Riverbl~,ff Way Sarasota, FL ~4231 (~1~ .,24.8n.~,% P.O. Box 35096 Charlotte, NC 28235-5096 1174 Florida Ave. Akron, OH 44314 B-864-3820 R-753-9747 Lucy - 745-8420 B-745-1601 c/o Guardian: Arty Wm. J. Roth,Jr. 1025 Society Bldg. 159 S. Main St. Akron, OH 44308 253-6029 3733 Shawhee St. NW Uniontown, OH 44685 2973 Dale Rocky River, dH 44116 955 Minerva Road P. O. Box 83 Magnolia, OH 44643 107 Albatross St. Ft. Myers Beach, FL 33931 (813) 765-1630 558 Barlow Road Hudson, OM 44236 655-2624 129 McDonald Ave. Niles, OH 44446-3923 652-9771 700 West St. Clair Cleveland, OH 44113 522-1350 4387 Pointe Comfort Drive Akron, OH 44319 644-0609 8455 East Broad St. Ruynoldsburg, OH 4306~ 7341 Presley Ave. Mentor, OH 44060 255-8673 c/o BNB Corp. 155 E. Broad St. Columbus, OH 432 80 17 12 410 152 126 82 93 410 126 456 866 126 126 R'.chard L. & Ronalda H. 14881 Standish 60 W trren Bex 426 M~dleFi~ld, :,H 4~062-C%26 326 -7961 Ruth A. Warren 10376 Brosius Rd. 85 Lot 27 Garrettsville, OH 44231 J. & Phylis Wells 216 E. Main St. 456 St. Clairsville, OH 43950 (614) 695-4860 Louise R. Welter c/o Craig H. Stahl 152 107 Lurie Lane Sandusky, OH 44870 (419) 625-7780 Jack D. Wendell & 840 Carnoustie Dr. 902 Coletta I. Wendell, Venice, FL 34293 Co-Trustees of the Wendell Trust UTI) 11/Ol/94 , Dale Wenger Route #1 o 14 Columbiana, OH 44408 482-2823 / 482-2185 Kenneth E. & Nancy A. 3529 Dayton Ave. 51 Wertz Kent, OH 44240 673 -3782/5859 Eleanor A. White 664 Lafayette Dr. 410 Akron, OH 44303-1719 836-8069 Robert O. Williamson 2229 Anthony Dr. 144 Akron, OH 44333 867-5078 Matthew W. Wilson~.=.., 1810 Fleming Road 23 T~..11.o. ~..~y ?~,: Louisville, KY 40205-2420 (502) 459-2099 (changed7) Jerome S. & Beverly Wolf 2981 Silver Lake Boulevard, 682 Silver Lake, OH 44224 R: (330) 923-7734 B: (330)923-4886 Linda E. Wolff (d~u~h~o~.o~ 10323 Southwest 116th Street 116 SSN: 270-50-7064 Melvin W. Woodman 4164 Mary Kay Cr. 492 MAR 1998 ~- Aun Wy]~.r 7~ Ernest Dr~ve Ta~lmadge, OH 44~78 633 8063 Dorothy M. Young 31 W. Carrillo 19 Apt. #203 Santa Barbara, CA 93101 Gaillard A. Young 14845 Twp. Rd. 202 19 Glenmont, OH 44628 James B. Young t4/~ c,n~, ..... uc=~a Varda 19 R,~ur,,d '~-.~?~ San~;a ~z'l~rao k,~ 4,t4n't ~ tmll.~ed. ! ~ayne F. Young 212 ~.. ~illersburg S~reet, P.O. 19 Box 333 Nashville, OH 44661-0333 Donald Zenn 33 S. Cadillac 151 Boardman, OH 44512 Shares-Signed Agreements 66745 -22 - / DELNORoNEPTUNE PROPERTIES SHAREHOLDERS ADDRESS AND TELEPHONE ~OS. NUMBER OF SHARES/ The following shareholders have not signed an Agreement DO NOT INCLUDE IN ANY MAILING Gordon Campbell 1311 Robin-Campbell Niles, OH 44446 652-8331 20 George & Mar~ha Jyurovat 608 W. Streetsboro Rd. Peninsula, OH 44264 923-3764/653-8613 130 Don Noble P. O. Box 33 RiCtman, OH 44270 262-8506 44 Dr. Joseph Sabatini 1988 Parkman Rd. NW' Warren, OH 44485 399-1248/856-2512 33 Keith P. Urban 240 W. Jeffrey Place Columbus, OH 43214 888-3205 47 Total Shares - No Agreement Shares-Signed Agreements TOTAL SHARES 274 ~6.745 SHARES ISSUED - SIGNED AGREEMENT SHARES UNISSUED - SIGNED AGREEMENT SHARES - NO AGREEMENT 66,601 144 274 67.019 -23 - MAR 1998 DZLNOa-NEPTUNE ~aoP~ ~'h, l~,:',,.',,;ng ~,~:arehold,.~s ].,ye requc .ced - ~,...,~ ,..~ a~l correspond=~.~e which is se~ t to their Tcustee to also be sent. to them pe~sonally. Donald D. MacKay, D.D.S. 33 Metz Boulevard Akron, Ohio 44313 Original Correspondence sent to First National Bank Abigail M. Keiter 1776 Donwell Drive S. Euclid, OH 44121 Original Correspondence sent to Florence Hunter Eugene Andrews 8524 Dominican Drive Ft. Myers, FL 33907 (813) 936-5754 Original sent Co Advest, Inc. A~ %2200.DSL -24- MAI~ t,~ 1998 COI//ER COUNTY GOVERNMENT COMMTJNITY DEVELOPTLENT AND EN%SRONIdENTAL SERVICES DMSION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 CURRENT PLRRNI~G December 23, 199; D~er Property Owne~: This is to advise you that you own property located within 300 fe0t of the following descrlJ~ed property and that a public hearing will be held by =he Collie= County Planning Commission of Collier Century, Florida, &t 8=30 A.M., Th~rsdsy, Jsnusry 15, 1998, in the Board of County Coma~LssionerS Meeting Room, 3~ Floor, Administration Building, County Government Center, 3301 Ess: Tam/amA Trail, Naples, Florida, to consider: PUD-97018 [RN) Karen Blsho~ of Pro, act Management Services, Inc., representing Sign&tuts Communities; Inc., requesting s rezone from RHF-6, RMF-12(6) and ~F-/25T(6) =o PUD to ~e known aa Wiggins Pass Landings Planned Unit Developmen= for a maximum of 531 multi-family dwelling units, located on the northwest corner of 111~h Avenue North {Blueb£11 Avenue - ells known as C.R. 846) and Vanderbllt Drive (C.R. 901), further described as Lots i thru 10, Block 1, all of Block 2 and Lots I thru 16, Block 3, Wiggins Pass Landings I1, and Lots I ~hru 4, Block 1, Wiggins Pass Landings Unit 91 Addition, in Sec=ion 20, Township 48 South, Range 25 East, consisti~g of ~8.5 acres, more or less. You ere invited to appear and be heard at the public hearing, or you may submit your co~=aen=s in writing. Written co~ments filed with the County Current Pllnning Section, Development Services Building, 2800 North Horseshoe Drive, East Naples, Florida, prior to January 15, 1998 will be considered at the public hearing. If a ps=son decides to appeal ,ny decisXon made by the Collier County Plonning Commission with respect to any mit:er considered at such meeting or hearing, he will ~eed i record of the proceedings, and for such purpose he may need to ensure th&= a verbatim record of =he proceedings is made, which record includes the testimony and evidence upon which tho appeal is to be based. This petition application development plans and/or master plan if applicable, and other pertinent information related to this petition is kept on file and may be reviewed st the Development Services Cente= located at the address listed above. Please contact the assigned planner noted below at ~03-2400 to set up an appointment if you wish to revie~the file. V =rely yours, Collier County Government Community Development and ESD Dear Mr. Nino, Jan.8,1998 1878 Lakeshore Rd. Sarnia,ON CANADA, N?T 7H6 As owners of property in Florida, we recently received notice that PUD-97-18 (RN) Karen Bishop of Project Hanagement Services, Inc., representing Signature Communities, Inc., is requesting a rezoning. We would like to express our opposition to their request. As we understand it , they are asking for 531 multi-family units as opposed to 467 , and approval for 15 stories over parking as opposed to 50 feet. We are most concerned with the height of a building of 16 stories. We feel this will not blend in with the area and will not be aesthetically pleasing. It would seem to me that a planner had already considered this area and zoned it to have a much lower building so why should this change now? Thank you for considering our input. Teena and Ken Cowan James J. & Rose Marie Fellin 252 Sleepy Hollow Road Pittsburgh, PA 15216 Owner of Unit 805A Gulfbreeze Vanderbilt Beach, FL Collier County Government Cownnmity Development and Environmental Services Div. 2800 North Horseshoe Drive Naples, FL 34104 Protest to Rezoning of Property by Signature Communities, Inc. Known as C. R. 846 We strongly protest the rezoning of the above property for a community to be known as Wiggins Pass Landings. 531 multi-family dwelling units will super-saturate this area and cause additional road congestion which we certainly do not need. For many years your planning section has been trying to solve the congestion problem to the entrance of Wiggins Pass State Park. Permitting this rezoning will do nothing but lower our property values due to the additional traffic that will be created. We strongly urge you to not permit this rezoning. Very truly, Jarm~ J. Fell/in Rose~4~arie ~ellin MAR a 19 8 p,. 7.,7_ 509 Roma Court-Unit 104 Naples, F1 3&110-6459 January 13, 1998 Hr. Itonald F. Nine. Chief Planner Collier County Goverm~ent Community Development And Environmental Services Div. 2800 North Horseshoe Dr. Haples, Florida 3&lO& Re: Planned Unit Development lllth Ave. and Vanderbilt Dr. Dear Hr. Nine, This letter is being written in response to a notice we received regarding a public hearing scheduled for Jan. 15, 1998 at 8:30 A.M. in the Board of County Commissioner's Heetins Room, regarding the construction of a ~31 multi family dwelling unit at the above address, also known as Wiggins Pass Landings. We will be unable to attend this meeting; buc, based on the very limited information provided, we must resister our opposition to any such development. The property we own is at 509 Roma Court, which is directly opposite the proposed site on the Vanderbilt Dr. side. The scope of this development would, among other things, create a severe traffic problem to an ares that cannot deal with further traffic congestion. In our opinion, the area cannot accommodate 531 units, which translates into approximately 1~00 people, This would raise serious zoning questions, not to mention environmental issues and severe beach overcrowding. We would like the record to show our unequivocal opposition to this development. Very truly, I J k '% MAR ~k ~C 1998I MAR,~1998 ~~p_ _ ___ _ UN'IT $01 B MARTIN V. B. BOSTETTER, JR. 11116 GULFSItORE DRIVE NAPL F,$ f~,ORIDA 33963 941 S98 140.3 County Current Planning Section Development Sendces Building Collier County Government 2800 North Horsesho~ Drive Naples, Florida 34104 Re: PUD-97-18(RN) T/B/K Wiggins Pass Landings Planned Unit Development Dear Commissioners: I am the owner of property at 11116 Gulfshore Drive very near the above proposed rezoning. I write to advise that I am unalterably opposed to the above request for rezoning. The unacceptable traffic congestion as well as environmental problems created by granting such a proposal appear to be quite obvious and I sincerely trust that the Commission after reviewing the same will deny the request. Your assistance in seeing that my opposition is placed in the record is most appreciated. IPiAR ~'~ 1998 COMML.W1TY DEVELOPMKNT AND ENVIRONS,, iENTAL SERVICES DIVISION · CU~NT PLANNING Dece=d~er 23, 1997 This il to advise you that you own property located within 300 feet of thl following described proper~¥ &nd that a public hearing will be h~'ld by the- Collier County Planning Co~=~SllOn of Collier County, Florida', at 8:30 A.M~, " Thursday, Januiry 15, 1998, in the Board of County Commissioners M&eting. Room,. 3ra Floor, Adm4nistration Building, County. Government Center, 3301 .East ..' ' TAmiami Trai'~, Naples, '£1orida, ~o consider: · ' ' ""'"'~' ' ' ' ' ' ' ' ' Bi'._hop. of P:oj.c: ,,n,gm.n': s..ic..,. ~p_[v_mwn:xng 3xgnature communities, Inc., reauestino & .re--"- ,---" '~- ' .'~ ._ ~?, ~_F. 12(6} an.~ RMF-125T{6} to PUD to b~ known as #l'ooins Paas~'J~.9 · ~anoxn s ~Aanfled On~t Der ..... '-''-" .... '. ~ . .i I I -- e~opmeot ~o~_~ maximum O~.~b~muAcx-Zam, A- . . ' of Block 2 and.~ts i =h~ 16, Block 3, Wiggins Pass L&n~ngs. fl, and Lots I =h~ 4,. Block 1, Wiggins Pass Lan~ngs Unit %~ . :.. Addition, in Section 20; To, ship 48 South, ~nge 25 East, ... . consisting of 88.5 acres, more or less. ' ' ' Coufltg C=~e.t P~=fln~ng SectZofl No Ent4~nce o~ Exit 6hound u~e S~ueb~ Avenue ~hZch Za ~ead~ c~omded Road mith only one L~ae each ~ay J no po~ibZZZtV od expansion because od the 8luebi~l Ave B~idge. gande~bil~ P~/ve~ 4 L~fle Z. Z.d~uctu~e d~om 41 ~o V~flde~bZZt P~Zve 6houZd be midened ~o 4 BEFORE a P~oject o~ the 4ize being p~opo~ed a4 ~iggin~ Pa~ Pla.ned Unit Development do~ 530 multi-damilg u~it~ beain~ co.6t~uc~io. ThZ~ ~hou~d ~t~o include ~idem~Z~ ~oflg the ~Zflc~ od the ~o~d~ aae aZ~ead~ lot~ od People mbo mal~ ~ bZ~e a~ong thZ~ ~oute--to the Scho Pa~. ~ Chuach Zn the bloc~ cto~e b~ ~ ~Zth a~l the People Zn thZ~ new development, the~e mZZZ be a lot mo~e to thZn~ od Sadet~ {o~. Z~ a~ead9 a ven~ bu~ co~nen 4. Be 4u~e any TALL Su~d~n~ ~n ~h~6 P~ojec~ aae--Inctud~; ~ ~,'- -. -~g~T~_~u{'' ~ and ~ocated within one haZd ~Z~e od th~4 p~e~r~o~ e~ ~. Z and m~ Ne~ghbo~ ~ZtZ g~eatZ~ ~pp~eeZat, ~ou~ eon~Zde~:,.t: '~ 0 tho~e ~ho ~Zlt be ZZuZng ~e~e Z. thZ~ ne~ p~O~ ~Set ,p ,eflt/t l~s. ~ ~1 Y~ 190 ' AN ORDINANC£ A~ENDING OhDIh;~CE .%JMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES T~E COMP~ENSI~ ZONING R~GU~TIONS T~E UNINCORPO~TKD ~ OF COLLIER COUntY, ~RIDA ~Y ~ENDING THE OFFICI~ ZONING AT~S 8520S~ BY C~GING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED R~ PROPERTY ~OM ~F-6, ~F-12ST{6) ~D ~F-12(6) TO 'PUD' P~ED ~IT D~LOPM~NT ~O~ AS THE DUNES FOR A MIXED R~SIDENTI~ D~VE~ENT, ~TED ON THE NORT~ST CO~ER OF 111TM A~NUE NORTH (BLUEBILL A~E - ~SO ~O~ AS C.R. 846) ~D V~DERBILT DRI~ fC.R. 901), ~RTHER DESCRIBED ~ ~TS 1 THRU ~0, B~K 1, ~L OF B~K 2 ~D ~S 1 THRU 16, B~K WIGGINS P~S ~DINGS UNIT %1, ~D ~S 1 THRU 4, B~K 1, WI~INS PASS ~DINGS Uni~ ~1 ADDITION, IN S~CTION 20, T~SHIP 48 SOUTH, ~GE 25 ~T, COLLIER COUNTY, ~ORIDA, CONSISTING OF 88.5 AC~S MORE OR LESS~ ~D BY PROVIDING ~ EF~CTI~ DATE. WHEREJ~S, Karen Bishop of Project Management Services, Inc., representing Signature Communities, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 20, Township 48 South, Range 25 East, Collier County, Florida, is changed from RMF-6, RMF-12(6) and EMF-12ST{6) to "PUD" Planned Unit Development in accordance with The Dunes PUD Document, attached hereto as Exhibit "A' and incorporated by reference herein. The Official Zoning Atlas Map Number 8520S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Departmen? of State. PASSED AND DULY ADOPTED by the Board of Coun=y Co~issioners of Collier County, Florida, this ~ day of 1998. BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA ATTEST: ~WIGHT E. BROCK, Clerk BY: BAP~ARA B. BERRY, Chairman A~roved as to Form and Legal Sufficiency Assistant County MA,q ,~ ~, 1998 THE DUNES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN OOVERNING THE DUNES, A PLANNED UNTT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COIJ-~R COUNTY LAHD D£VF~OPI~'NT CODE PREPARED FOP~ SIGNATURE COMMt~FT~..S, INC. BY: PMS. l]q'C. OF NAPLES 2335 TAMIAMI TRAIL NORTH SLrfTE ~ NAPt f~$. FLORIDA 3,4103 DATE REVIEWED BY CCI:'C DATE APPROVE) BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CONTENTS LL~T OF ID~tzBrrs STA~ OF COMPLIANCE PROPERTY OWNF. RSH~. LEGAL A~D G~NERAL DESCRIPTION PROSEC'I' DEVELOPMENT RESIDEN'~AL DEVELOPMEI~'T AREAS PRESERVE DISTRICT G~ DEVELOPMEN'r COMMITMENTS E.X~ "A" PUD MASTE~ PLAN iii iv 2-~ throush 3-~ th~'ou~h ~-3 MAR ~,~ 1998 ,~?.. .7.. I STATEME~"I' OF CO~C~ The developrnem of approximately 88-55 ac~s of ~ in Colliez County as · Planned Development to be known u TI~ Dunes will be in compliance with the goals, objec6ves, and ~ o Collier Growth Managerrgnt Plan for the following reaso~ I. Traffic ways, utilities, and oc~r public facilities necessary to serv~ The Dunes project are nd~luate. The Dunes will participate in the expansion of existing public fncilities its impn.~ on those f~ilitics via payment of impac~ fees. Tbe Dunes project will be compatible with and complimentary to existing and planned land in the vicinity. Project lands lie in · u'ansition area which includes iow-rig r~idential dev~lopngnt and high-rise multi-family development. The property wu down zooed during the Zoning Re-evtluation Process which resul~d in an action establishing RMF 6 ~ RMF ! 2 (6) zoning districts essentially establishing · dt~sity of six (6) dwelling units per acre and mixed residential land uses. The prt~m~ contains a ac~age of 88-55 ac~s and based on · density of six (6) dwelling units per [;ross ac~ the PUD provides for five humlt~ and thirty one (531) dwelling units. This action makes the land and demity consistent with the Future Land Use Element of the Growth Management Plan. 13~vel~t commitments contained within this PUD will ensu~ that developmem ofth~ subject pmper~ will proceed in a manner consistent with applicable elements of the ~ Management Plan. SHORT TITLE SECTION ! PROPERTY OWh~ERSHI:P, LEGAL AND GENE~ DESCRIPTION 1.1 PURPOSE Thc purpo~ of this Section is to r~t forth tl~ loc~tion and owner~ip of the prc~-~, and ~o de~'ribe t.~ existing conditiom of thc property proposed to be developed project name of THE DUNF~. 12 LEGAL DESCRIPTION Ail land (lou and dedicated are~) described in and made subject to the plats of Wig~im Pm Landin~ Unit I aa rtcorded in Plat Book 10. Page 44. of the Public Records of Collicr ~, Florida and Wiggins Pm Landin$~ Unit I Addition aa recorded in Plat Book 10, Pa$e 81, ofl~ Public Records of Collier County. Florida. Wl~tns Pros L~ndin~_ Unit 1 Be~inninl at the Southeast corner of Section 20. Tov,~ship ~8 r~th. Ranse 25 e. aaC Collier County. Flork~ run N 89%52' 20" W. alon8 the Se~th line of ~ Section 20. for 20~3.78 fee m fl~e poim af belh%ninl of Bake~.Carroll PoinL aa recorded in PLu book 8. pal,,e 42 of ~e pab tt~xxdsofCotlierCounty. Florida; thenc~runNO%14'00"W, for 1698.90 feet: Ihenoenml~ 34%26' 15"F.. for 439.48 feet: thence nm N 87%~8' 00" F~ for 1481.4~ feet: ~mce nm $ O2%12'0(r'E. for 163.T7 feet; thencerun N 87~4,8"00"E. for 2.qO.0O feet, to tbe East line e ~sidSection2~, the~:e run S02%12' 00"E, alon8 t, aid Eaat line for 1970.19 feet. totlep01n of be~irmin~, also less and except tl~ Southerly 1298.93 feet of the ~y 649.46 feet tbereo less and exc~p~ the Southerly 90.00 feet and t~e Euterly 50.00 feet thereof for hi~r~n7 putix~ Wiet, tm Pa~s Lnndln~ Urdt 1 Addition subdivi~on of the Southerly 1298.93 feet of the Easterly 649.46 feet of Section 20 Town~ south, R~n~e 25 east, Collier County, Florida. le~ tl~ Easterly 50 feet tben~of a~ less Ihe South~y 90 feet thereof, containing 16.65 ac~s. !.3 PROPERTY OWNERSHIP Ray l-lellet. Hal ~. Floyd J. ILnnn~ Dale L Rish, and David L. Bte~nan, as trtmees of Delnor Neptune Propertie~ ~ Declaration of Trtm un&er Ottio law. 1.,I A. GE~ DESCRIPTION OF PROPERTY AREA The project si~e is loctted in the northwe~ quadrL~ of d~c intcrsection of BI~II A~ ~ V~lt ~ve, ~ is ~ ~ ~ W~ ~ ~ B~~il ~int Su~i~s~ ~ m ~ in ~ ~ 8 ~e 4Z of ~ ~b~c R~ of ~ ~. ~ ~~ is ~ ~ ~ N~ by~~ ~. ~ ~ ~ ~ V~t ~. ~ m ~ ~ ~ Bl~bill Avm~. 1.$ PHYSXCAL DESCRIPTION The project ~xtcr)ds east from B~.cr-Carwll Point on the West and includes part oft. he manmade waun-way on the West. to mangrove forests, to a beach dune vegetated with scubby Pine flatwonds. Natural ch~nage of the upland portion of the property is wes'm-ly and northly into wetlands which border tidal waters. Water management for thc project will be the ~ wat~ s~x'-~e type. either ~ or c~_*_~__.~_ wetland marsh type. or · combination of thc two. Sux'n wa~n which exit the storage areas will c~o so via one or mor~ cor~ol stzucnn, es which m~ authorized as a ~ of the Water Management per, ts is_~_._.yt_ by Collier County and I~ Somh Fio~d~ Water Manasemem Distric~ Topo~'aphy within the project is varied, rnn~ing from s~a level to 124. fee~ above s~a ~evel. The entirety of the site. except for the mangrove fringe alon~ the Weu boundary of the property, lies within Flood Zone AE 0~ ! !'} according to FIRM Panel 0189E. Soil types within thc project include Buinger Fine Sand. Durbin m~d Wulfm't Mucks. and Urban Land Satellite Complex. The Dunes projea will be a multi-family rcsidentiaJ and rca~ational facilities community which will be developed with a maximum of 53I dwelling units. The buildings sh~ll not ex__~e~__ a hcisht of one hur~rr.d and twenty.five (I 25) feet a~ve the Me~q flood Elevation established by l~w ~ illustrated on the Mas~ Plan. SECTION H PROJEC~ DEVELOPMENT 2.1 PURPOSE The purpose of this sc~ion is to gcnc~ly describe the project plan of d~velopment. ~lationships to al~licable County ordinancct, the rcsl~ve land uses of the tracts included in the project, as ~ell ~s GENERAL A. Development of The Dunes shall be in accordance with the content of this Planned Unit Development document and applicable scctions of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but no~ limited to F'mai Subdivision Plat. Final Site Development Plan. Excavation Peri'nit, and Preliminary Work Authorization. to which such regulations relate. Where these regulations fail Io provide developmental st~xlards, then the provisions of the most similar disvict in the CO ~ Development Code shall apply. B. Unless otherwise noted, the definitiotts of ail re'ms shall be the same as the del'tuitions set forth in the Collier County Land Development Code in effect at the time of builclinf permit al~ication. C. All conditions imposed and ail I~r~hic material pr~sent~ depicting restrictions for the dev~lopmem of The Dunes slml become pm of the r~gulations which govern the manner in which the PUD si~ may be developed. D. Unless modified, waived or excepted by this PUD. the ~,~,~isions of the LDC. wbe~ applicable, remain in full force and cffea Mth r~ct ~o the development of the land which comprises this PUD. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The pmjea Maser Plan. including layout of struts and use of land for the variovs parcels, is illus~r~_~_-d_ [X'aphicslly by Exhibit 'A'. the PUD M~'ter Dt, velopment Plan. The naun~ of Jand uses within the project is indic~t__~_ by the followin8 table: MAXIMUM LAND USE I~'TENSrrY Re~id~ai 531 85.55 Open Spac~ ~ 60% 53.13 0.ake~ Man made wattrways, Pr~v~. Landscape Buffers & Recreational Atea~) 2.4 RELA~ PROJECT PLAN APPROVAL REQUIREMt2¢I'S Prior to the t~cordin$ of a Record Plat, and/or Condominium Plat all or part of the PUD, final plans for all required improvements shall r~cciv¢ approval of the appropriate Collier County I~vernm~ ~gercies to insur~ compliance with the PUD Master Plan, ~ Collier Com~ Land Development Code, and the platting laws of the State of Florida. if q:~plicable. Bo Exhibit "A", the PUD Master Plan. constitutts the required PUD Devclopment Plan. Subsequ~t to or mt with PUD approval a Preliminary Subdivision Flat, if applicabk, shall be submit~d for the entire a~a covered by the FUD M~ter Plan or aJternatively for portions or phues of it m developed. Any ~vision of land and Itc development of the land shall be in compliance with Div~don 3.2 of the Collier County Land Development Code, and the plattinl laws of the Stye of FlorMa. 'rbe provisions of Division 3.3 of the Collier County Land Development Code, when spplicable, shah a~ly to ~ development of adl ptatt~d m or per-'els of land as provided in ~ Division prior ~o the i~uance of · building p.~mit or otter developmont orca. Do The developm~t of any tract or parcel approved for residential developmem conu..mplating fee simple ow~hip of land for each dwelling unit s~ll be requited ~o submit and receive appenvai of a l~mliminary Subdivision Plat in corm with requiren~ts of Division 3.2 of ~ Collier County Land Developmt Code prior to the submittal of consm~'tion plans and a Final Subdivision Plat for any such portion of the tracx or parcel. Utility. mad. public, private, easements sl,.aL1 be es~ablishe, d as required during the SDP and/or plat approval proeea$. AMa'oprist~ instruments will be provided at thc time of infrastructure improvements t~,srding dedic~ons snd the method for providing perpetual maintenance of comon facilities. MAR f 1998 MODEL HOMI~-_~ALF. S OFFICES M°~ ~, ~ ~ a~ ot.~r uses and muctm~ r~lat~d to the promotion md stk of re4d estatt nw.h ss. but not timited to. pavilions, viewing platforms, ga2~tx)s, park~g m~as. ten~ mi sip~ ~ 26.33.4 of the Collkr Count~ Land D~vel~ code. 2~ ~MEqTS TO ~ ~ OR ~ ~ ~ Ammdrncnu may be made to thh PUD Ordimnc~ m provided in the Collier County Land Developme Code, Section 2.7.3.$. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCZ Cotnmon area rt~intcnance will te provided by ~ Master Property Owners' Association the developer. The property owners' ~ssociation shall be responsible for the operation. management of the surface water and stormwmer managernem systems, and preserv~ Dunes Community. in accordance with the provisions of this PUD. together wi~ my appl from the FlodO Department of Environmen,,I Protection. U.S. Army Corps of Engineers. md Sou~ Florida Water Managetnen~ Disu'ict. ~AP~ BUFFERS, BERM, FENCES AND WALLS Landscape buffets, bcrms, fences, and walls arc generally permitt~ as a prir~'ipal use thn~u~hom TI~ Dunes Cotnnmmty. Thc following V~xlards shall apply: A. ~ berms shaJl have ~ following rrauimum side slopes: I. Gras.~ct herms 4:1 2. Ore. nd covered berms 3: I 3. Rip-Rxp berms l:~ 4. Stzucmral wailed bertns, vo'zic~ Fence or wall maximum height: six feez (6), ns rncasurcd from thc finishcd ~adc of the ~x~und at the basc of the fcnc~ or wall. For thc purpose of chis provision, finished grad~ shall be conskl~--~ to be no gre, a~r than eighteen inches (18") above the highest crown ekw~ion of the ncarcst existing road unless the fence or wall is cora~',.~'t~ on a pcritt~cter landscape berm. In these cases the wall shall not excced six f~.c~ (6') in height from the top of berm elevation for ~,-n elcvrio, with an avcrage side slope of 4:1 or ic".s, and shall nut exceed four feet (4') in height from iht e~p of berm elevation for berms with an average side slope of ~reat~r ~ 4: i (i~. 3:1). Co L.mdscape buffers, herms, fences ~xl walls Community PUD boundzry tach ~ muu bc included in recorOed insu, urr~m. 2~ DESIGN GUID~ ~ ST~D~DS The emblishme~ of · Planned Unit Developmem is intaxled ~o encourage ingenuity, innovat~n md ima~n~ion in the planning, design and 4evelopment or redevelopmem of relatively ~ ~ of land 2.2.20.1. The ~ Conunm~ty is planrsed as a priva~ functiotudly int~rc!~___~_ cca~'..uonity under unifgd conuol, to be developed over an cx~ time pet~xL The developer will establish commune-wide design guidelines and standards to ensure a high and comist~ level of quality for community features and facilities, which include items such as landscaping,, hardscs~ waterscap~ si~nage, lighting, and other similar facilities. The Developer will achieve the above objectives by means of recorded covenan~ cotxUtior~ and restrictiora. 2.10 GENERAL PERMITTED USES Certain uses shall be considered generaJ perrniaed uses throughout The Dunes Community PUD except in the Preserve District. General permitted uses are those u.~s which generally serve the Dcveloper and rcs~ents ofT'ne Dunes Corm~unity and are typically pa~t of the common infrastnscture or~-e comMe~s:l community facilities. A. Oener~ Permitted Uses: Essential services as set forth under the Collier County Land Development Cede, SecUre 2.6.9.1. 2. Water management faciiitlcs and related structures, Lakes including lakes with bulkheads ot other architcctutaJ of gructuraJ bank Irealmem~ Guarcthouses. gasehouses, and access conwol structures. Neighbcrhoed parks, recreational facilities and cotrtmunJty C~qters, T~nporary cotrs~c~or~ sales, an<t ~drninistrative offices for the Developer a~ the Developer's suthoriz.¢d contractors ~,d cor~ulta~ts, including nect~a~ access ways, parking a~-as and related uses. La~sc~ ftatur~s including, but mx limited to, landscape buffers, benns, fences and waUs subject to t~e standards set forth in Section 2.8 of this PUD. Any other use which i~ ~ Devclop~nent Services D 2.11 B. Developmen; Stan~m~ Unless ~ s~ fot,~h in this document, t~ following dgveiogment stmd,m~ ~ apply to Sc~a~k from back of ~ or edje of l~Vement of am/ro~d. Fift~,n feet (i 5') except for guard houses, ptchouses, and acce~ com~ol str~-tm~ which shall have no mcl~ized 3. Setback f~'om ~ lines. Twenty (20') feet. l~inimum dist.,~nce between structures which ar~ p~ of~ ~g~ly ~ ~p~g - ~ve f~ (5'). 4. Minimum distance between um~l,_~__-~_ sti'uctm~s. Ten f~t (10'). 6. ~inimum fl~ ~a - N~ ~u~. 7. Minimum Im ~ p~l ~. N~ ~ui~. 8. Si~w~. bik~a~. ~ c~a~ ~y ~ pl~ wi~in C~n~ ~ui~d ~ff~ ~ t~ wid~ of ~ ~u~ ~ffer sh~i ~ i~ ~i~ly W ~ ~ of ~ pav~ ~d~e of ~ si~ b~ ~ c~. 9. S~ f~ ~ng, ~ping. si~ a~ ~ I~ u~ w~ ~h ~ ~ O~ SPAC~ The PUD Master P1~m identifies ~:~proxim~ly 53 Jcres included in the Recre~on. l.~ndsc~.JOp~ Sp~e. L~kes ~cl i:'r~rve Dis~ct clesilrmioos. These zz~u fully rafisfy the open space ~qu~ of Sect. ion 2.6.2'/~ Srcdon 2.6.32 of the Collier County Lazxl Dcvelopmem Cock. 2.12 NATIVE VEGETATION RETENTION RE~UIRE~VIENTS Five PIm:ent (25%) of t~e viable naturtlly ~naioning nntive vcgctatJon on site st~tll be 3.1 PURPOSE SECTION III RESIDENTIAL DEVELOPMENT AREAS The l:nUpo~ of u'~i$ SccGon is to es~blish land use rcguL~ons and dLwelo~ncnt sm'sdan~s for ~ ru~Scn6~ clc~l~ arcss indi_~_;~ on F. xhibi~ 'A'. thc PUD Master Plan. 3,2 MAXIMUM DWELLING UNITS The miximum number of dwellin$ uniu perrnined in ~ engr~ PUD is $31. The propo~ contiim · ~ross scrc~ of ~835 Icrt's ~ hued on · density of six (6) dwelling units per ~x~ss ~ the PUD ~a-o~des foc five hundred Ind thirty ooc (531) dwelling units. This sction ~ th~ ~ ~ sncl cSemity consist-hr wizh thc Future Land Use Element of the Growlh Msn~gcmcnt P~ln. Dis~ of ~he dwelling units in t~ r~sidentiai ~u'cas is no~ pr~k-tennined. ~ nay occur ss ~ via $i~ D~velopm~t Plan lpprov&l. 3.3 G E~'l~d, DESCRIPTION Areas cicsi~niled 'R' oo ~e Muter Plan Ir~ desig~d to iccommodim · full nn~e of residemill dwellin$ types, comp~gbl¢ r',oflre$idcntiil uses. a full nmge of recr~iion31 flcili~.s, css~ngll scrvic~ 3.4 USES PERbffrTED A. princi~! Uses I. Multi-family dwellings including ga~-n ~ts. 2. Single-family ·tracheal lad tow~,ouse dwellings. 3. Public p~'kin~ !o~. B. ,,,ccessa~ 1998 mbdivi~oa pl~ for U~t developme~. 4. Rto'ea60~ faciliti~ and ameniti~ for i~e by mside~ of d~ m:6demial ~.a~. 3.~ D~'VELO~ STANDAJ~DS A. Table ! ~ts forth tbe dcvtlopment standards for land ur, es within the ..R- ~ Dis;rict. B. Sta~ for i:mrkinr,, landscaping. ~ m~d other Lind uses wheTe such s:anda~ are not the time of Site Development Plan appo~aL Urtle~ ~ ~ l'u~imt yafth, bei[hts. taxi ~ area standards a~ly u~ principal scructm~s. D. Developmem stay,ids for uses ncx specif~c~ly se~ forth in Table I~haH be establishedCoded~h~ Site Developme~ Plan approval as ~et forth in D~vision 3.3 of Ibe ~ Developmem ~ with those s',~ndards of cbe zoning distri~ which is mos! simila~ ~o U~e p~oposed ~ All yards, st~backs, etc. t~ali be in relation ~o the indivldu~l I:~r~l beu~ exc:e~ ~ ocbetw~e provided for by this clocum~t, or ex¢~p~ as authorized via the Site Development Plan apl:~wal proc:e~ TH~ DUNL5 COMMI, ANFrY DKVEL,O~ Fi'AM)AltOS FOR TABI, i: I ~I~4]DfF SINGLE IrAM3LY MULTI- mGH4,11Z STANDARDS A3'FACKED AND FAMILY MULTI*lrAM J, nmkmnm 2,000 S~ ~X ~A Mblm LM WidIZ~ ~0 i~0 N/A ~Y~ O~BH~ ~BH ~ ~ BH BH Y~ Y~ ' 10 O~ BH ~ BH ~m SECTION I'V PRESERVE DISTPJCT 4.1 PURPOSE 42 GENERAL DESCRIPTION Ar~s d~ilmied H Pre--rye on uhe lv',~.~ Phm ~r~ designed m ~~e a full rm{~ of comerv~ion ~nd limiu~l w~er maml~'nem uses and fun~i~ Th~ ~ puqx~e o{'~ ~ ~ i~ ~o ~"tain viable rmmn'aHy func'donLu{ ~ ~ x~ up~ ~ ~ ~ f~ ~ f~ ~ ~t ~ ~ ~ ~i~ ~i~ 4.3 i~:RMrrrF-D USES KND STRUCTURES No building or structure, or pa~t thereof, shall be en'ecte~ altered or used, or land or water u~d, in or in part. for other than the follOWing: A. Permiued ~ Uses and Su'ucm~ ]o Mitigation are~ ~ provided in the C. ocol'.J~he~ Su'and Restoration Plan and ~ applicable pennia. 6. Utility lines in xeric uplands. Any odmer conservation and relau~d open space ~'fiv}~r o~ us~ which is comparable i~ nature with the foregoing uses ~xl which d~e Development Services ~ demtm'min~ to be compatible in the Preserve Digrict. 4.4 D~.~O~ STANDJ~DS AIl sm~-'tut~ sh~ll set back a minimum of five feet ($') from Preserve Distrk~ ~ and Lil~xing facilities sh~ll be =-i~,~d in a manner which will proe~ roadways and ~ pmper~ from direct ~sre or unreasorable intetfeten~. C. M~timum heir, hr of sttucm~ - Tw~-nty five feet (2~'). D. Minimum disxanc~ between priz~pal ~. Ten feet (10'). E. Minimum distance betwem accessory stracn~es. Five feet ($'). F. Minimum floor a~a - Noue r~iuirv~ G. Minimum Io~ or parcel m. None requin:d. Standa~L~ for parking, landscaping, signs and other land uses whe~ such standar~ n'e no~ ~f~ ~in ~ wi~n ~ ~ ~ C~uni~ ~i~ ~l~ ~ S~ ~ ~ ~ in ~~ wi~ ~lli~ C~ ~ ~l~t ~ in ~ ~ ~ ~ ~ Si~ ~1~ ~m A~. Un~ ~ ~i~ ~ y~ ~ ~ ~ ~ ~ ~ly m ~i~ s~s. L The Marlinal Wlm'f shzll bc in compliance with the Matinee Protection Plan a~ ~e time of final development ord~ ~oproval. 4.$ PRESERVE AREA CONSERVATION EASEMENT A non-exclusive co~e~a~o~ easemem o~ u-act is required by Collier Coumy Land Developmem Code Section 3.2.8.4.7.3 for lands included in the Pt~t~,rve District. In additio~ to Collier County, a non-exclusive comervation easement may also b~ t~luit~ by other r~gulatory a~ncies with jurLMk~on Development Code. said easement sh~ll be provided in accordance with the t~ns set forth in any rtspomible for coatrol and maintenance of lands within the Preserve District. SECTION V GENERAL DEVELOPMENT CO~S PURPOSE GENERAL All facilities shall be commscted in strict accorxiance with this PUD document, applicable F'mal Sile Developmem Plans, lrmal Subdivision Plats, and ~11 applicable State and local laws. codes, and regalations q:~plicable to this PUD. Except where speci£g:ally noted or stal~ olberwise, ~ standards and specifications of Ihe ~ Development Code. Division 3.2 shall apply to this project even if file land within the PUD is not to be platted. The Developer, its succeisor argl assigns, ~ be r~sponn'bl~ far the commitments o~tlined in chis documcm. S,3 PUD MASTER PLAN Exhibit "A". the PUD Maser Plan, illustrates the propos~ developmem and is cot~,r4u~ in nature. Proposed tract, lot or land use boundar~ or special land use boundari~ shah n~ be comlrued to be q:ecific arid may be modi£md during the platting or site de~elopmem plan approval pracess. Subject to the provisions of Secxkm 2.7.3.5 of the Land Devclopmem Ccx~ PUD &'ncndmcnu m~y bc ~ from time to time. Ail necesury eascrncn~ dcdications, or od~-r ~u shall be framed to insure the cominue c~erntion gms mai~ of *ti service utilidcs tfld all commoo ~ Jfl the project. C. The folk)wing '.3~11 be considexed minor changes and refinements. Reco~fi~uradon of preserve areas, jurisdicticmal wetland limi~ m~! mitigation features m a result of rc~ulm~,y aicncy rcv~w. I~o,-,figumion of ~ pom~ c'm~lr,, or cxJ~r water managenxmt facilities wher~ suctt ~ge~ a~ consistent with the criteria of thc South Florida Waun- Marm~emem Disaict and Collier County and where ther~ is no further encroachment/mo preserve ~ 3. Internal tealignn,.t-nt of fights=of-way other than · relocation of access points lo the FUD. 4. Rcconfiguration of resklential m~. whe= there is no enctoachmem into W~serve arras. 5.4 SCI~EDULE OF DEVE"LO~'T/MONTrORING REPORT AND SUNSET PROVISION Initiation of consm~on on The Dunes project is expecuxl m occur in calendar )~r I ~}~. MmV. ting of re~kit, nfial si~es will besan in calendar year Monitoring Report: An ~u~-~i monito~ng report shall be sabmit~l put. ant of the Collier County Lard Development Code. POLLING PLACES Pursuant ~o Section 2.6.30 at the Land Development Code, provision s~11 be ma~ for I~e furore n~e space within a common building for the purpose of aco:~nmocf~g the functi~ of an eleclor~ ~ place. An agreement shall be rccorded in thc officJzl records of the Clerk of the C'u, cuit Court of Collier Com~, which dtall be binding upon any and all successors in interest that acquire ownenhip of such common areas including, but not limi~.d to, condominium ~tions. homeowner associ~ m' community rec'reatio~public buildings/public rooms o~ similar cotmnon facilities to be used for a polling place if det~rnined to be ._nec~___sary by the Supervisor of Elections. $.6 SUBDMSION REQUIREMENTS AND STANDARD DESIGN SUBSTrrtYrlONS Private streets shall conform w~th the r~ht-of, way widt~ requi.,~-ments of Subsectk~ 3.2.1.4.16.5 of the LDC cxcep~ as follows: Cul-de.4ac and Ioca~ streets le~ than one thousand feet (I,000') in k'n~nh are n~quit~d ha~.e a m~nimum forty foot (~0') right-of-way ,a~idth and two ten foo~ (10') wide lints a~ required by Subsec~on 3.2.8.4.16.5. All other cul-de-~,acs are requited to have a minimum of forty foo~ (40') ri~,ht.of, way wklt~ and two ~ foot (10') wide mtvel lanes u required by All oeet lOCal streeu a~e n:quited to have a minimum forty feet (40') rif, Ju-of-way an~ two ~en foot (I0') ~ tr-a-~i iane~ as required by Subsection 3.2.8.4.16.5. C. ul-de-tacs may exceed a Imgth of fifteen ' ~ndred fc~t (1500') as requL,'ed by subse~ 3.2.8.4.16.6. Tangents bet~veen reverse cra'yes shall no~ be requited under Subsection 3.2~.4.16.10~ TRANSPORTATION The development of this PUD Mgster Plan shah be subject to and governed by the followin~ cmxlitiont A. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. Do Both northbound and ~outhbound mm lanes shall be required on Vandcrbilt Drive. Turn ~ shaft be in place a~! available for ail pha~es of the project including initial cotm:mcfio~ sale~ ct-nm' operation tncl fir, al occupancy. Both e. utbo~nd tr~cl we~tboond tom lites sh~l be requited o~ Bluebill Avenue. Turn lanes ~ be in place and available for all phases of the project including initial constmcd<m, sa~ center operation and final occupancy. The applicant sh~l be reqx~nsible for the installation of street lighting at all project entranc~ at th~ time of construcdon. E. Substantial competent evidence sl~l be pmvicled by the developer to the effect that designed to provide capacity and treatment for historical roadway runoff. In addition, drainage shall not be permitted to discharge directly in any roadway drainage syx~rn. F. All requited improvemenc~ excluding right-of, way donations for roadway segments specific:~ mentioned in the Co,tory's Five.Ten Year Work Plan, shall be considered 'site ~a~ defined in Ordinance 92-22. as wnerg:t~____, the Collier Cc~mty Road Impact Fee Ordinata~ and shaJI not be eligible for credit toward any road impact fees required by that ordinance, Thh stipulation qx~'iflolly refus to site-related turn lanes mentioned in Items C and D abov~ O. The applicant shall contribute · fair share toward the cost of traffic si~$ at any project entrano ~ at the,imersection of Vanderbilt Drive and I I I th Street. if and when deemed warranted by the Cour~. Such nxfric sirras s~ll be owned, ope~ and maintained by the County. H. Compe~fing right-of, way for turn lanes and median areas shall be dedicated by the applicant tc Section use of eximng right-of, way following the wocedu~ authorized by 2.2,20.3.7 of the Collier County ~ Development Code. Such dedication shah he considered site related and thee shall be no ro~d impact fee cre~t to the applicant. WATER MANAG~ The 6evcl~ of this PUD Maser Plan ~ A ~ of ~ S~D S~ W~ ~ ~ fi~ c~i~ pl~ ~. B. ~ ~vafi~ P~it will ~ ~u~ Do The development of this PUD Master Plan sl~tll be subjecn to and ~ovemcd by the followins co,-a~itiom: A. Water distribution, scwa~e collection and trm-mTdssi~ lines to serve thc project are to be d~sisned, constructed, conveyed, and/or owncd ar, d maintained in accordance with Coll~r Coun~ Ordinance No. 97-17, as amended, and other applicable County mica and r~g, ulatiom. B. Ail customers connecting to the water distribution ~r~ sewage collec~ion f~cilitics to be conslru~d will be customers of the Count), a~ will be billed by Ihe County in a;~,;gGa~e with the County's established rates. Co The on-si~e water distribution system s~ving the projec~ must be connected to t~e District's wa~t main snd must be consistent ~t~ t~t ruin sizing rtquirtmenu specified in rte County's Water Master Ptsn and extended tb~'ou~t the pro. k~'t. During design of these facilities, the followinI f~mr~ shall be i~tod into t~e distribution system: !. De~l-end m~ins sh~ll include d~d-end flut~ing hydran~ 2. Stubs for fi;mm system inter~orme~on with Mja~ent properties sl~ll be provided so proper~ lin~s of th~ projec~ ~ Io¢~ions so be mutually ~greed to by 13~lol~r during ~be d~sign pi~s~ of th~ l~roj~c~ TI~ utility consu'uc~ion documents fo~ the proje~s s~-~r~ge sTs~'m shall be st~a~ flowin~ to ~ Counts m~m-r pump s~tion is a'ansmi~l by or~ (I) m~in on-site pm~p st~ion. D~ to 0~e desi~ ~gl ~amion offl~ mssu~' pump s~tion, flow s~tion ~!I no~ be possible. The D~velop~r's ~ngineer sh~ll meet wifl~ I1~ County s~ prior to c~ng preparation of co~s~z~,~on drawings ~o ~hn~ ~II asi~-~s ofr~ sewer~e .~s~m d~si~ c~n be co~din~ed ~th ~ County's Sewer l~,~ster PI~. 'F~ existing off-site w~.r f~"ilifies of tl~ Dis~c~ mtm be ev~lu~l for hyd."~H~ Thc existing off-sit~ sewage transmission facilities of tM District must be evaluat~ for tl~ hydraulic capacity to m'v~ this ia'ojc~t md improved u requital outs~ t~ project's boumlwy impnct m thc cxi~ng tr'~tsmission fncilit, ics. $.10 ENVIROnmEnTAL The development of ~s PUD Muter Plan dali be subject m ami governed by the following conditions: Environmental permimng shall be in ~ with the State of Florida Envitomnmtal Resource Permit Rul~s ami be subje~ to review ami approval by Curtain Planning Enviromnental Review Staff. Removal of ex~ie vegetation shall not be tbe ~ mcam of mitigation for impacts to Collier Cc~nry jurisdictional wctl~gts. All consolation ar~as shall be designated as comcrvatioa/~o~ trscts or gasgmgnu cc~stru~on plans and shall be rtccn-de.d on the plat with protective coven~cs per or ~ Section 704.06 of the Florida St.~utes. Buffers and setl~ks shall be in ac, cofdmc~ with. 3.2.g.4.7.3 of the Collier County l.and Development C.o~. Buffen around pre~erved jurigik'tional wetlands shall be in accordance with the Stare of Florida Eavirmx~ntal Resource Permit Rules. Preserved ju~sdictioml wetlands and mtmundlng Imffe~ shall be incorporated in Conservation Are.u which shall be An exotic vegctaticm removal, monitoring, and rnaint~unce (exofie-frze) plm for the site. with g~:~huis on tl~ conservation/preservatiom ~ms, sl~ll be sulnnim~ to Curt'grit l:qamdag E. nvinmmemal Review Staff for review and approval prior lo final si"' plan/~ plan The lX-vciolgr shall com~ly ~th the luidelirm a~ rtcommendati~ of the Florida Oarm and Fresh Water F~sh Convaission 0~ regmling imlncu to ~ wildlife _,__.peciea Fo County with no rvsponsibility for rntin~ and subject to t~e uses and limJtmions similar or as per Florida Statutes ~ 704.06. A gopher tortoise survey and relocation / mzt,.agement phn shall be mbmitw, d to ~m'em Harming Environmental Staff for rtwiew and approval prim ~o final site plmtcoratmction plan ~:~proval. A cop), of u~e reloc.~management plm shall be included o~ Ihe final si,,, plam/consm~ion plans. ~.11 ACCESSORY STRUCTURES Accessory s~ucuu~ shall be cons~rua~ simultaneously with ~ following ~he ~ ~ ~l~t ~ ~ng. S~h ~ ~ii~ngs ~1 ~ ~ ~ ~1~ ~ ~.12 SIGNS All ~igm thaJl comply with Divi~m 2.3 of the Land Devclopn~t Cock in df~c~ ~ ~e ~ of t, uilding pern~ S. L3 LANDSC~G FOR OFF-STREET PARKING All lsndscap~g for off-sa~ parting arras shall be in accordance wit~ the Division 2.4 of the Land Dgvelownent Co~ in effca at the time of buikiing permit application. $.14 PROVISION FOR OFF.SrTE REMOVAL OF EARTHEN MATERIAL Th~ excavation of ~ matin'iai and ia smock'piling in preparation of wato' mamgmmma faciliti~ om' It othe~i~ develop water bodiea i~ h~by permitted. If it is demomu-au~ that fill activities on Ihose I~iidable p0rtioM of the project sit~ a~ such that ther~ is · surplus of ear~i~en ~ then its off*dte disposal is aJr, o hereby permiugd sub~c~ m L~e following conditions: F. xcayiiofl nc~ivitics shill comply wi~ the del'tuition ofa "devcl~ ~on" pursuant to Division 3.5 of the Lind Dcvclopmc~ Code whcreby off-si~ rrn-,oval shll be iimh~d to sm ~ (to · maximum of 20.000 cubic yards) of the total volume excavated unless a ~ excavation permit is received. All other provisions of said Division 3.5 ar~ applicable. THE DUNES EXHIBIT 'A' PUD M.,~TER PLAN t! EXECUTIVE SUMMARy ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMEN~DED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT BY REMOVING FOXFIRE UNITS I & 3 FROM THE COLLIER COUNTY LIGHTING DISTRICT. (COMPANION ITEM TO PETITION AV 97-028, VACATION OF PLATTED RIGHTS-OF-WAY IN FOXFIRE UNITS ONE, TWO AND THREE.) ~J.,F,.~D.~: That the Board consider adopting the attached Ordinance amending Ordinance No. 72-1, as amended, creating and providing for the Collier County Lighting District, to remove Foxfire Units I & 3 from the Collier County Lighting District. CONSIDERATIONS: The Foxfire Community Association of Collier County, Inc., is requesting Board approval of the vacation of all public rights-of-way as shown on the plats of Foxfire Units One, Two and Three. County street lights fall within the public rights-of-way of this area. Should the Board approve the vacation, staff recommer~ds that the Board amend the County-wide Street Lighting District Ordinance, as amended, by removing Foxfire Units I & 3 from the District. FISCAL IMPACT: The County-wide Street Lighting District Fund (760-162711) would be reduced by approximately SI 2,000 annually if the Board approves amending Ordinance72-!. Revenue reduction would be approximately $21,200. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached Ordinance, which amends Ordinance No. 72-I, as amended, by deleting Foxfire Units I & 3 from the County-wide Street Lighting District only upon approval of the companion vacation petition item. Should the Board not approve the companion item, this Ordinance amendment shall be rendered null and void. PREPARED BY:_ Marouita Ki~'n~. Senior Secretary I~avid' F. Bobanick, Transportation~''' Director REVIEWED B~ F.d Ilschner, Public Works Administrator DATE: mk/121097tF.~ Foxfir¢ Lgts doc 1558 ORDINANCE NO. 98- 3 AN ORDINANCE A.XI E N-D..~G COLLIER COL .~TY 4 ORDINANCE NO. 72-1, AS AMEN'DED, WHICH CREATED $ THE COLLIER COUNTY LIGHTING DISTRICT BY 6 DELETING FOXFIRE U,~ITS I & 3 FROM THE COLLIER 7 COUNTY LIGHTING DISTR/CT; PROVIDING FOR 8 INCLUSION IN CODE OF LAWS AND ORDINANCES; 9 PROVIDING CON'FLICT AND SEVERABILITY; AND !0 PROVIDING AN EFFECTIVE DATE. il 12 NOW, THEREFORE, BE IT ORDAIN'ED BY THE BOARD OF COUNTY 13 COM~IlSSIONERS OF COLLIER COUNTY, FLORIDA that: 16 17 IS SECTION ONE: AMENDXIENTS TO COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED Section One or Collier Count), Ordinance No. 72-1, as amended, is hereby amended by del.-ting the follo~'ing area from Ihe Collier Count)' Ligh:ing Dis:ncr: 2O 23 2.~ 25 26 27 SECTION TWO. INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES 25 Thc pro,'~s~ons of this Or&nance shall become and be made a part of thc Code of Laws and 29 Ordinances of Collier County, Florida. The sect:ohs of thc Ordinance may be renumbered or 30 re-lettered to accomplish such, and thc word "o:Jinance" ma)' be changed to "section", "article", or 31 an)' other appropriate word. 32 SECTION THREE: CONFLICT AND SEVER.~.BILITY 33 In the event this Ordinan(~e conflicts with an)' other Ordinance of Collier County or other 34 applicable law, the morc restrictive shall apply. If any phrase or portion of Ibc Ordinance is held 35 invalid or unconsfilutional by any court of competent jurisdiction, such portion shall be deer,~ed a 36 separate, distinct and independent provision and such holding shall not affect the validity of Ihe 37 remaining portion. 38 SECTION FOUR: EFFECTIVE DATE 39 This Ordinance shall take effect upon filing with thc Secretary of Stale. Words underlined arc added; words s~41-41:.-c::~.½ arc dcl~cd. MAR 2 4 1998 l_. v 9 IO II I_~ I? I$ 19 20 21 PASSED AND DULY ADOPTED by the Board of County Commissioners ot' Collier Count)', Florida, this day of ,1998. A'FI'EST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~AR~,AP.A t~. F.F.~P.~ , Chairman Approved as to form and Icl~al su fflcien~.: Hcidi F. Ashton Assistant Cotmly .-Mtomey WOldS IZ~ arc ~dded; words ~ ar~ deleted. :! EXECUTIVE SUMMARY PETITION AV 97-028 TO RENOUNCE AND DISCLAIM ALL RIGItTS AND INTERESTS OF THE COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT; THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PLAT BOOK 13, PAGES 84 THROUGH 86, AND FOXFIRE UNIT THREE, PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COLrNTY TRANSPORTATION VEHICLES, PERSONNEL AND PERMITTING, AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE. (COMPANION ITEM TO COUNTY-WIDE STREET LIGHTING DISTRICT ORDINANCE AMENDMENT.) O_i~.F,,.~..LY~: For the Board to adopt a Resolution vacating the public's fight to travel upon (ingress/egress) the roadways located within the Foxfire Development. CONSIDERATIONS: A petition was received by the Transportation Services Department from Kenneth B. Cuyler, as agent for the petitioner, Foxfire Community Association of Collier County, Inc., requesting that the Board vacate the public's fight to ingress/egress those roadways as shown on the plats of: Foxfire Unit One as recorded in Plat Book 13, Pages 84 through 86, inclusive; Foxfire Unit Three as recorded in Plat Book 13, Pages 101 through 103, inclusive, all of the Public Records of Collier County, Florida. The petitioner has expressed concerns regarding traffic volumes and security issues, and desires to control access. On November 14, 1989, the Board adopted a Resolution vacating the roads in Foxfire. Then, on December 13, 1989, a Commissioner requested that the Board re-hear the item due to complaints from adjacent and contiguous communities that would be inconvenienced by the increased trip lengths and times. The Board voted upon reconsideration to rescind the vacation. The following items are required by Resolution No. 96-25: 1. Proof of ownership 2. Paid tax receipts Since the petitioner has filed the petition pursuant to Section 336.09, Florida Statutes, the requirement of deeds and evidence of paid taxes are not applicable, and the petitioner requests the Board waive those requirements. The petitioner has also provided an Indemnification Agreement for the benefit of the Collier County Water-Sewer District. A list of the current property owners within the Foxfire Development is on file with the Transportation Services Department. The attached Resolution (Attachment No. 1) specifically reserves and retains the rights of all easement holders including, but not limited to, electrical utilities, telephone service providers and cablevision providers and their successors, agents and assigns. The County also specifically retains and reserves rights for access of all emergency services including, but not limited to, the ShedWs Department, Fire Control District and EMS. I I 2z, 1998 ! -,' Executive Summary Petition AV 97-028 Page 2 Furthermore, the County specifically retains and reserves access for various County/public purposes, including stormwater management, engineering, utilities and public bicycle/pedestrian usage (without maintenance responsibility). No currently existing private properly rights or private easement rights ,,,,'ill be affected. Maintenance of the roadway, sidewalk, stormwater drainage, and the cost of street lighting, if the petition is granted, would be the responsibility of the petitioner. The attached Resolution provides that the action of the Board is in the best interests of the public, and that the public is benefited by the reduced maintenance cost. Letters of no objection have been received from all pertinent user agencies. A letter objecting to the petition was offered from the Naples (Collier County) Metropolitan Planning Organization (MPO). Transportation Services staff has reviewed the petition and cannot support the vacation of Kings Way; however, the Transportation Services Department has no objection to the vacation of the local roadways as follows: Estey Avenue, Foxbrush Court, Foxfire Lane, Foxhound Drive, Foxhunt Way, Foxtrot Court, Foxden Circle and Foxtail Court. Kings Way residents within the Foxfire Community submitted a petition for the Neighborhood Traffic Management Program (NTMP) on January 29, 1996, The Board subsequently approved implementation of traffic calming devices on the roadway as shown on Attachment No. 2. A number of traffic analysis studies were performed in conjunction with the NTMP request as outlined on Attachment No. 3. The traffic calming techniques as implemented appear, from recent studies, to have reduced both the average speed and the volume of vehicles using Kings Way. Stafftypically considers the following elemer, ts in analyzing vacation petitions: A. Road Level of Service impacts due to volume displacement (both adjacent roads and the subject roads; B. Safety impacts due to change in travel routes and/or travel times; C. Alternate route impacts; D. Impacts on adjacent communities; E. Increased trip lengths and times (both economic and Level of Service); F. Road operational impacts; and G. Network impacts. Increased trip lengths and times will have the most negative impact on the transportation system and on the attendant costs to the public as outlined on Attachment No. 4. The fiscal impact to the traveling public could be on the order of $191,844 annually. Staffis of the opinion that the convenience and the potential costs to the traveling public outweigh any potential benefit of reduced maintenance costs with respect to King's Way. FISCAL IMPACT: Collier County would benefit from the potential savings of $20,750 in annual maintenance costs. The annual maintenance costs would become the responsibility of the petitioner if the vacation of road rights-of-way is approved. These costs include roadway pavement, sidexvalks, drainage and street lighting maintenance. H.AR 2 1998 Executive Summary Petition AV 97-028 Page 3 GROW'TH MANAGEMENT IMPACT: None ~COMMENDATION: Staff recommends that the Board of County Commissioners deny the petition to vacate the roads in Foxfire Unit One and Unit Three. Should the Board approve the vacation petition, a Resolution has been prepared to vacate, renounce and disclaim the public's right to travel upon the roadways within Foxfire Units One and Three while reserving the rights of utility service providers, emergency services and various County departments and personnel as noted. That the Board waive the requirements of proof of ownership, and paid tax receipts as set forth in Resolution 96-25. The Resolution also provides that the Clerk to the Board will advertise the adoption of the Resolution within 30 days, and will record the Resolution, proof of publication of the Notice of Public Hearing in the Public Records and make the appropriate marginal notes on the plats and, thereafter, record a certified copy of the Resolution in the Public Records of Collier County, authorize the Chairman to execute attached Indemnification Agreement. Russell.E). MulleT., Engineer I REVIEWED BY: , .--.---- - --..... DATE: David F. Bobanick, Transportation Director REVIEWED B .Y:~~ DATE: Ed Ilschner, Public Works Administrator RDM/tm/2/I ~9~/ES Foxfire Vacauon.doc Attachment(s) I 6 ? ! II I? 19 2~ 29 31 ~6 3? S9 aO 4! ~7 i{I'].~OI,L:'I'ION NO. 98- RI[SOI.U I'ION Ff)P. PF. TI'I ION AV 97-02g '10 RliNOtJN('I~ AND DISCI.AIM ALL RIGII'I'S AND INI ERESTS OF TllE COUNTY AND PUBLIC TO ACCESS IINGRESSJEGRES.g) AND TRAVEL IJI'ON TIlE FOI.I.OWING ROADWAYS I.OCATED WIIIIIN FOXFIRE StJIII)IVI.GI()N AND I'I.ANNED UNIT I)I!VELOI'MENT; 'IIIOSE R¢)ADWAVS DlilqC'FI:.D AND I~I:.S¢'RIIIED IN 'IIIE PI.AT OF FOXFIRE UNIT ONF.. I'LAT IICX)K 1.1. PAGI~S ga 'IIIROUGII 86. AND FOXFIRI'~ iJ,'glT 'IIII~.F.E, PLA'I II(YJK 13. PAGES 101 'IIIROUGII IO3. I'UIII.IC 'RECORDS OF COLLIER COUNFY. FLORIDA: PROVIDING FOR 'TILE CONTINUING AND UNAFFECTED RIGIlTS OF EASEMENT IIOLDERS. EMERGENCY blEDICAL AND FIRE SERVICES. COLI.IER ('OUNFY WATFR MANAGEMENT VI-~IIICI.ES AND I I:R.C;ONNH.. COLLIER COUN'I Y '1 I~,ANSI'OR'rA'I'ION Viii II('I.[:.S, I'ERSONN F.L AND I'I:RMFI'I'ING. AND COI.LIF. R COUNTY WATER-SEWER DISTRIC'I' VEIIICI.ES AND I'I-]RSONNF4.: I'ROVIDING AN I~F Fi:.r."I'IVF. DA I E. WltEREAS. pursuant Io Sccdons 336.O9 and 336. IO, Florida Statutes. Kcnnelh B Cuylcr. I!sq. as Agent for petitioner, Foxfirc Community Association o£Collicr County. Inc.. has pctil~oncd tl~c Board of Counly Commissioners to renounce and discl:,im an)' right of Ihe Counl.v and d~c Public to access ¢ingrcss cgressJ and Ira';el upon Ibc platted roadways located ¢, ifl,n l'uxl'irc Subdi,, ~sion and Pla~med Unit Dcx clopment, except as spccificall)' scl £orlb in this Res. lution; and WIIEREAS, linc roadv~:s)s arc described as those platted road~'.a.vs dedicated !o thc usc of the general Public and 1,:~cated wdhin Foxfire Units One and Three and legally described as Follows: See Exhibit "A" altached hcrcio and incoq~oratcd herein: and WIIF. REAS, d~c Board lids Ih~s da)' held a ppblic hearing to consider thc petition Io renounce and discl:,im thc rtl;bt ~I' Ih¢ County and Public to access dngrcss'egrcss) and Irav¢l upon s:fid ,oad~ ays and ril;b~s-,~f-~ a:.. cxccl,I as Sl~ccil3cally holed and provided below. a.d notice of s:,id public hearing was given as requi~ed by law: and WtlEREAS, the granting of this petition is iqtcnded to and shall only renounce -',nd discl-,im ~l~e Public's right to access I,ngress/egress) and Iravcl upon such roadways, and all olhcr cascmcn! rights and County acc,:ss rights as specifically described bclov, shall bc retained NOW. TIIEREFORE. BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Board hereby dctcm~incs and makc~; the follo~'ing findings: ;L The adoplioq of this Resolution lo renounce an~ disclaim thc right or the Couuty a.d Ih¢ Public to access (ingress/egress) and travcl upon Iht below-described roadways, cxccpt as specifically retained and reserved herein, is in thc bcsl interests of Ibc Public. b. The County shall have reduced maintenance and repair costs as a result of thc Board's adoption of ibis Rcsolufit,n. HAR 2 1998 K "/" I c, 'Ibc .adoption of this Rcsolufiou is not injt,rinus to the Public welf:.e or thc 2 i.di~, idual property righls of any casement huldcr or pro.fly o~ ncr. ~ 2. 'Ibc fi~ht of thc Count)' and Ibc Public to access (ingress'egress) and ~ra~cl ,l~n thc ~ follo~ lng pla~t~ roadways: ~ Sec Exhibit "A" atl:tchcd hereto and inco~ratcd herein is hereby tc.ounced 7 3. This Rc~lu~ion Io rcnou,ce a~d di~la'n the County and thc Public's tight to access s {ingrcs~egres~) and travel u~n ibc a~vc.dcscribcd roadways shall not aff~ in any way e ~soncnts ~hich have been granted or dedicated through the p~at to any sca'ice provider 10 or oflm~ cnlity including, but no~ limited to. electrical utilities, telephone sec'ice providers. II or cablcvision providers. Florida Power ~ Lighl. Sprint Telephone, Media One. and their 12 succ~sms and assigns. Thc access rights of such ~rvicc p~ovidcrs shall be unaff~:tcd by 13 this Resolution. 1~ 4, Thc County does not disclaim or renounce, and spcciGcully retains all fi~hts for itself and 15 all emergency sc~'iccs, thc right Io ingress'egress and travel upon thc above-described ~r, roadxxays for emergency sc~'iccs including, bul not limit~ lo. thc Collier County 17 SherifFs D~amncnt or otbcr law enforcement agencies, thc East Naples Fire Control IS Disll'ict and other fire conlrol entities, and Collier Ct~u,ty Emergency Medical Scmccs 19 and other emergency medical pr. riders. 20 5. The County does not renounce or disclaim, and specifically relains and reserves to itself. 21 the right to ingrcs~,'egress and travel upon the a~ve.described road~vays for puq,oses of 22 i, ovidiug thc ~olloxxing: 23 a. Stom~xYatcr Management Scrxiccs; 2~ b. Engineering Sen',ces: and 2~ c. Inslallalion. Mai~;tcnance a,d Operation of Ulilily Facilities and Sc~'ic~ 26 by the County or Collier Coumy Watct-Se~x ct District. 27 G, The County sp~ifically retains and rese~'es to itself the right to issue Right,f-way 2~ Permits by Collier County for access to and installation, maintenance and operation of 2g facilities or utilities wi~h thc a~ve.d~ribed roadways aud rights~f4~ay including, but 30 not limited lo. electrical utilities, telcl,hone sc~'icc providers and cablevision pro~ triers. ~1 i. Fmlhcr. tim Cou,ly sp~ificaliy rclmns and reserves to itself and thc public ac¢css lo and 32 over Ihc rights-of-way, including il~e sidewalk for ,on-moto~ izod. bicycl~dcstrian u~. 33 8. blat.ten--ce and repair of the roadways, sid~valks ~d drainage describ~ herein shall be ~ thc r~sibility of the ~ition~, Foxfire Community As~iation of Collier County. 3~ I~., after thc cff~tivc date of Ibis Resolution. 36 BE IT FURTHER ~OLVED. that thc requ~t to renounce and diglaim the 37 rights of Ibc County ~d the Public to access (ingr~egr~s) a~ travel u~n Ibc a~ve- 3~ d~il~d ro~ways shall ~ sp~c~ u~n thc minutes of lhc Board of County Commissionc~ 3~ as p~ovid~ in S~lion 336.10. Florida Starred. ~O BE IT F~THER ~OLVED, Ibat the notice o[ thc adoption of this r~luti~ ~l by thc Commissioners shall ~ publisb~ one time. wilbin thifly (30) days foUo~'ing I 6 ? 9 I0 I! 1.1 14 16 I? 20 21 24 25 2~ 30 ad(~ption, in one issue of a newspaper of gcncrnl circulation published in Collier Co,rely. Proof ol' pubJicatim~ of notice of public hearing, thc Resolution z.~ adopted, and thc proof of IlJe publication of Ihc notice o1' Ibc adoption of such Resolution shall be recorded in Ibc Public Records ol'Collicr County. Be it fudher resolved, proper notation cvidcncing [his Rcsol,tion sh:,ll be made on Ibc plats of Foxfire Units One and Tl~re¢ as Icgally described above. BE IT FURTHER RESOLVED. that this Rcsolution shall be effective upon its adoption. This resolution adopted allcr motion, second and majority vote favoring same this ,, dayof ,1998. AT[EST: DWIGI I1' E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By:. By: Dei,uly Clcrk Approved as Io form and Icgal su fliciencye: tt¢idi F. Ashlon Assistant County AIIomey BARBARA B. BERRY. Chaim~an doc HAR 2 q 1998 Road Names: Foxfire Lane, Kings Way and Miscellaneous Circles, Courts, Drives, Ways. and Lanes as described below. Location: Section 6 Township 50 South Range 26 East Legal Description: ~ (approximately 180 feet) as recorded ;n the Plat of: Foxfire Unit One. Plat Book 13, pages 84 through 86; ~ as recorded in the Plat of: Foxfire Unit One. Plat Book 13, pages 84 through 86: F0x{ire Lane. as recorded in the Plat of: Foxfire Unit One. Plat Book 13. pages 84 through 86: Foxhound Dri~:~ as recorded in the Plat of: Foxfire Unit One. Plat Book 13. pages 84 through 86: Foxhunt Way as recorded in the Plat of: Foxfire Unit One. Plat Book 13, pages 84 through 86; Fo.xtrot Court. as recorded in the Plat of: Foxfire Unit One. Plat Book 13, pages 84 through 86: ~ as recorded in the Plats of: Foxfire Unit One. Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13. pages 101 through 103; ~ as recorded in the Plat of: Foxfire Unit Three, Plat Book 13, pages 101 through 103; ~ as recorded in the Plat of: Foxfire Unit Three, Plat Book 13, pages 101 through 103: All as recorded in the Public Records of Collier County, Florida. INDEMNITY AGREEMENT BETWEEN FOXFIRE AND BOARD OF COD%'TY COMMISSIONERS OF COLLIER COL,~TY, FLORIDA This INDEMNITY AGREEMENT is made this ~ day of February. 1998. between Foxfire Community Association of Collier County. Florida. Inc. ("Association') and the Board of County Commissioners of Collier County. Florida ('County'). WHEREAS. Association. on behalf of its members, has requested that the Board renounce and disclaim the right of the County and the Public to access (ingress/egress) and travel upon the roadways in Foxfire Subdivision Unit One. Unit Two and Unit Three. which roadv.'ays are more particularly described in the attached Exhibit 'A" ('Roadways'): and WHEREAS. County in considering the Association's request wishes to assure continued right of access for its maintenance of utilities lying within the roadway: and WHEREAS. the Resolution adopted by the Board to renounce and disclaim the right of the County and the Public to access (ingress/egressl and travel upon the Roadways specifically reserves and maintains the rights of private easement holders, emergency serxices, and various County ser~'~ces. including the right of the Collier Count.,,' utilities to access, install, maintain and operate utility t'acfiittes within the Roadways: and WHEREAS. the County wishes to receive and the Association hereby grants additional assurances. NOW. THEREFORE. Association and Count)' agree that upon final approval by the Count.',' of Association's request that the Board adopt the Resolution to renounce and disclaim the right of the County and the Public to access (ingress/egress) and travel upon the Roadways: 1. Association shall indemnify and hold harmless for any failure on the County's part to maintain, install or relocate its utilities within the roadways if such failure is caused by the refusal of any property owner or Association employee to permit the County to exercise its easement rights. 2. This agreement shall be null and void at such time as the Association tenders, in a form acceptable to the County Attorney's Office. an easement from the Association providing for the right of the County and the Collier County utilities to install, relocate, maintain and operate utility facilities within the Roadways. together with an opinion of the Association's counsel regarding the authority of the Association to provide the easement. (SIGNATURF~ CONTINUED ON NEXT PAGE) Witnesses: FOXFIKE COMMUN'ITY ASSOCIATION OF COLLIER COUNTY, FLORIDA, 1NC. Print Name Print Name By:, Print Name: BOARD OF COUNTY COMMISSIONS COLLIER COUNTY, FLORIDA Dated: Attest: By: BARBARA B. BERRY, Chairman I~'ight E. Brock, Clerk I HAR 2 ~1 1998 i I.._~.: ,'/ _ _ C) I t4AR 2~ 1998 , OF F'oxT~,I L COU ~ I I REVISION COLLIER COUNTY PUBLIC WORKS DEPT. I~INGS WAY TRAFFIC STUDIES [ATTACHME~ NB, PAGE f OF Plat Book 13 Plat Book 13 Pages 84-86 Pages 101-103 ROAD RIGHT-OF-WAY 88' Road length 1.1 Miles Pavement width 24' Section ~ 2' valley gutter with no swale POSTED SPEED LIMIT - 25 Miles per hour SUMMARY OF TRAFFIC COUNTS 24 Hour Speed and Volume Counts DATE SPEED (50% ile) VOLUME 2-2-96 27.19 6234 12-1-97 24.45 4620 2-2-98 22.81 5107 2-3-98 22.77 5805 PEDESTRIAN/BICYCLE STUDY 8:00 a.m.- 12:00 p.m. 2-16-96 132 pedestrians traveled along Kings Way and 61 pedestrians crossed Kings Way at The Clubhouse. 17 bikes along Kings Way and 6 crossings. ,i i I HAR 2 ~1 1998 Collier Canonry Tr~nsportation Oep~rtment Technicians: D~n V~tcox / Lugs Truji[[o ~-~-1~ vol~ ~ S~ ~ L~ le~rt - DO203OO~.PRN 16:~ P~ 1 Stl: 0~~1 Id: ~20398~2 C~d: 01 FmC: 200 - l~rill Inc: ~ ~in. Start: T~ - F~ 03, 1~8 at 12:~ E~: v~ - I~ ~, I~ ac 12:~0 Cicy/T~: I~LES/F~FIRE C~cy: C~LZE~ L~C~: [lN~ ~Y SE~EN ~ L~ L CL~H~E File: DOZ~3~.~N Station DIta S~J~T~ar¥ Spee~Crq~) 1-15 16-20 21-25 26-3O 31-35 36-L0 &1-~$ L6-$0 51-55 56-60 6~-65 M-?O 71-~ ?6-80 81-100 TG:ll Gr~nd Totals 335 1189 3124 76~ ~ 19 ~ ~9 ?~ ~7 38 20 7 ~ 27 ~a~5 ~erc~tlges 5.~ 20.L8 53.82 13.20 1.L8 0.33 O.LO 0.~ a.22 0.81 0.65 0.3~ 0.~2 O.G? 0.~7 Line 1 2 Total Grand Totals 287& 2931 $805 Percentages, L9.$1 50.A9 5805 2~.7& 17.80 22.7? 27.49 1157 19.9 305 5.3 263 6.5 Sic~ffecJCln~h) ->15 -)20 ->2~ -)30 ->35 -)40 -)kS -)50 -)55 -)60 -)65 ->70 -)?~ -)~0 ,80 Total Am x~r 11-12 L5 89 2~9 53 3 1 I 5 6 ~ 2 1 ~ 2 2 C~ Percentages 13.43 7.49 7.97 6.92 3.49 5.26 4.35 :0.20 8.45 8.5] 5.26 ~.00 14.29 SO.g0 ?.4~ 7.~9 Perc~ta9~ 10.15 8.G~ 8.~ 8.M 9.30 5.26 t3.G~ 10.20 8.~5 8.51 10.53 1~.00 0.00 O.O0 18.~2 8.~9 ATTACHMENt' NO. '~ PAGE % ' OF ~, Col [lef' Co~nt¥ Iransportat io~ Department Technicians: Da~ Uitcox / Luis Ttujit[o Vot~rne ~ S~ ~ Le~ Re. ri - DO202OOI.PRN 16:~6 P~ 1 sea: ~1 Id: 00~029800~ Cld: 01 F~Z. 200 Start: ~ ' F~ 02, 1~ at 10:00 E~: T~ - Feb 03, 19~B at 10:00 Ci~: NAPLES C~cy: C~LIER L~ltt~: LINGS VAT IE~EN W LC & CL~H~E File: Lfll-Korth Stlt|~ DILl S~ry $~C~) 1-10 11-15 16-20 21-25 26-30 31-35 36-k0 kI-~5 L6-SO 51-55 56-~ 61-65 M-?O 71-~ 76-100 Total Gra~ Totals ~ ~9 11~7 2k20 ~8 ~ 27 ~3 ~3 107 112 52 30 13 32 Percentages 1.37 &.M 22.L6 47.39 12.69 1.~ 0.53 0.~ 1.63 2.10 2.~9 1.~Z 0.59 0.2f 0.63 La~e 1 2 Total Grl~ Totals 250~ 2605 5107 Percff~tag. &8.99 51.01 SFe~ SrO? 25.22 1T.$9 22.81 28.87 1231 2k.1 L99 ~Pm Peak ffou~ TotaLs Spe~JCmph) -)I0 -)15 o>20 -)25 -)30 -)35 -)kO -)kS *)50 -)55 °)00 -)65 -)70 -)73 >75 Total ~N~ I0-11 13 31 ~36 2~6 28 3 Z 7 10 9 7 6 5 0 5 &78 Perc~tlg~ 18.57 12.97 11.M 8.93 ~.32 3.57 7.L1 16.28 12.0S 8.~1 6.25 11.5~ 16.67 0.~ 15.63 9.36 h~ 12-13 15 30 ~28 1~ ~ L 3 2 9 12 I0 Z 6 Z L L~ Perc~tag~ 21.G3 12.S5 ~1.16 ?.~ ?.10 ~.?~ 11.~ 4.65 '10.~ 11.21 8.~ 3.S5 20.00 ~5.38 12.50 9.~2 HAR 2 1998 ! _ I IATTACHMENT NO. PAGE ~ OF -~ Volu~ by Speed by LaM Report - D12010Ol.lmSiN 0~:03 1:)-03- 1~97 ............................................ · ................................. Stm: O000(~:CC":(I Id: 000120197001 Cid: O1 Fmc: 200 ' lar~rim[ Ir.t: ~0 Min. E~d: Tue - Dec 02, 1~97 at 15:oo Start: M~n - Dec 01, 1~7 ot 15:00 County: C~LLIE~t CJt~,/To~n: #,M)I~S Fi re: 01ZOTOC)I.PlUt Lecat(o~: I:]NGS MAY Ii. OF ~ LA]CE DR. Lnl-lorth th?.-South ....................................... Station Dati fd~dCmph) 1-1S 16-20 21-25 26-30 31-3S 36-~0 &I-LS ~-SO 51-55 56-~ 61-65 ~-~ 71-~ 76-K 81-100 Totm~ Gr~ Totmts ~2 381 19~S 1S~ 3~ 61 6 0 Perc~tmg~ S L5 8.~ L2 10 ~ ~ 8 OS 1 32 0 13 000 0.09 0.15 0.15 0.15 O.~ 0.00 0.~ ................... : ............. : ...... : ...... : ...... : ...... : ...... : ............................................................... 1 2 Total GrM~d Tota[J 2265 2~55 /~ZO Perct~ta~es &9.03 50.9T Sp~ ~:~ Su~Tn~ry Am/Pi Peak Hour TotaLS Spt~dCmph) -315 -320 -)2J -330 -)]S -)tO ')&$ ->50 '355 -)60 '365 -)70 -37~ -380 )80 Total M Mour 11-12 35 &l 167 lOS 19 2 0 0 0 1 0 2 0 0 0 372 Percentages 13.89 10.76 8.59 6.69 5.11 3.28 0.00 · 0.00 0.00 1&.29 0.00 28.57 0.00 0.00 0.00 8.05 ~ Rout 15-16 10 17 15a 169 28 2 1 0 0 0 1 1 0 0 I Percentages 3.97 &.&6 8.12 10.76 7.53 3.28 16.67 0.00 o.oo 0.00 1&.29 1~.29 0.00 0.00 25.00 Collter County Traffic Del~rta~nt Technician: Dna Vlicox ~ta: ~~2 Id: OGO~OO~01 C~d: 01 Fmc: 200 - E~gtish Iht: 60 P Start: Frf - f~ 02, 1~6 at ~:~ E~: Sat - Feb 03, 1~6 I Ct~: F~FIRE C~) Catty: COLLIE~ L~zt~: []~GS VAT X OF THE ~E Fl~e: 00202: Cycle Cars ZAoA? luses ZA-SU SA-SU LA-SU AA-ST 5A-ST 6A-ST 5A-MT 6A-MT 7A-MT Noeal Other Tara Gr~ Totals 116 52~8 A61 10 27 11 2 I: 0 0 O 0 0 0 Percentage~ 1.86 EJ.. 83 7.39 0.16 O.&$ 0.16 0.03 0.22 0.00 0.00 0.00 O.CO O.O0 0.00 Spee~Ceq=h) ->~0 -,~5 ->30 -)35 -)~0 -):5 -)SO -)55 -)60 ->65 -,70 ->~ )7~ Total Gr~'d Totals 520 IE75 2436 ~91 2~ 3~ 1L 18 16 16 20 L 2~ 623& Percentages E.3& 30.08 39.08 15.g0 L.23 0.55 0.22 0.29 0.26 0.26 0.32 0.¢6 1 2 Total Grand Totals 3190 304A 623A Percentages 51.17 L8.83 Speed S~rary 623A 27.03 21.£9 27.19 32.89 412 6.* ILS 2.4 11A 1.8 An~'Pm Peak Ko..rr TotaLs Ty1~e Cycle Cars ZA-&T lusts 2)-SU 3A-SU &A-SU LA-ST 5A-ST 6A-ST 5A-KT 6~-HT 7A-~T #one Other Total M#oue 9-10 9 Al& 52 1 2 3 I I 0 0 0 O 0 0 A3 52& Perct~tJges 7.76 7.83 11.28 I0.00 7.L1 27.27 50.00 7.1& 0.00 O.OO 0.00 O.O0 0.00 O.O0 IL.lO 8.&~ Pm flour 15-16 9 &26 39 2 1 1 0 3 0 0 0 0 0 0 20 501 aercentages 7.76 8.06 8.46 20.00 3.7Q 9.09 0.00 21.43 0.00 0.00 0.00 O.O0 O.O0 O.O0 6.56 8.0~ IdAR 2 1-1998 INCREASED TRIP LENGTHS t ATTACHMENT PAGE I NO. OF q te OS~r~,.____fG [RO.__.~. ~ TO S ADDT'L ROUTE ,I~ES ~ILEAGE Kings Way (direct) 1.1 via Airport-Pulling Rd 3.5 2.4 via Santa Barbara Blvd 4.4 3.3 MAR 2 q 1998 .. ;,7 ROUTE LENGTHS IATTACHMENT NO._ ~/ PAGE :~ _ OF ~' Trip times along Kings Way and thc alternates Airport/Pulling Road and Santa Barbara Boulevard were studied with the following results: On March 14, 1996 between 2:00 p.m.-3:00 p.m4 stafftimed 10 random trips along Kings Way to determine the trip time prior to the installation of traffic calming devices. The trips averaged 2 minutes 41 seconds. On December 16, 1997, staff repeated the test with an average of 2 minutes 43 seconds. On January 5, 1998, the same trip again averaged 2 minutes 43 seconds. AirporffPulling Road On December 16, 1997 between 2:00 pm-3:00 p.m., stafftimed the alternate route A to B and B to A. Southbound (A to B) took an average of 7 minutes 54 seconds Northbound (B to A) ranged between 5 minutes 54 seconds and 9 minutes having an average of 7 minutes 21 seconds On January 5, 1998 the A to B again averaged 7 minutes 21 seconds. Santa Barbara Boulevard On December 16, 1997, stafftimed A to B and B to A on Santa Barbara Boulevard. Southbound (A to B) took an average of 6 minutes 8 seconds Northbound (B to A) averaged 7 minu:es 8 seconds On January 5, 1998, staff repeated the test drive. Southbound (A to B) took an average of 6 minutes 23 seconds Northbound (B to A) took 9 minutes 6 seconds The traffic calming devices added 2 seconds to the Kings Way route. While thc Santa Barbara Boulevard route is 0.9 of a mile longer than the Airport/Pulling Road route, it was quicker ~outhbound taking 6 minutes 15 seconds compared to 7 minutes 54 .~-'c. onds ~uthbound on Airport. On average the alternate routes took 4 minutes 42 seconds more than Kings Way. With 4,000 trips deverted daily to one of the alternate routes the extra time spent in traffic annually could reach 114,366 hour~. We must assume that a majority of traffic will not be traveling from A to B or B to A, but only a portion of the alternate route. Therefore, if only on half of the average alternate route time were used the extra time spent in traffic would be 57,183 hours annually. ] ~0'-'~' ~(~'r~) I HAR 2 ~ 19~18 IATrACHMF. h'T NO. '/ PAGE ~ OF ,, ~ INCREASED MILEAGE Add'l Mileage Projected Add'l Average Daily Traffic (ADT) Potential Increased Vehicle Miles Per Day Airport/Pulling Road mute 2.4 Santa Barbara Boulevard route 3.3 2,500 6,000 1,500 4.950 Total 10,950 Again, we must assume that a majority of the traffic will not be traveling from A to B or B to A, but only a portion of the alternate route. By using one half of the potential increased vehicle miles per day of 5,475, we would realize an annual increase of 1,998,375 vehicle miles. INCREASED COSTS The AAA Auto Club South provided operating costs per mile which ,,'ar)' from 8. I cents per mile ifa person drives a 1995 Ford Escort LX, 20,000 miles per year to 10.8 cents driving a 1995 Chevrolet Caprice 10,000 miles per year. To calculate the annual increased operating cost, we use 9.6 cents per mile (average). The total estimated annual increased costs for traveling alternate routes would be S191,844. Fl,AR 2 1998 ,s._ PETITION TO RENOUNCE ANDDISCLAIM ALL RIGHTS AND INTERESTS OF THE COUNTY AND PUBLIC (EXCEPT AS SPECIFICALLY RETAINED FOR PUBLIC SERVICES) TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON ROADWAYS WITHIN FOXFIRE SUBDIVISION, UNITS ONE, TWO ANDTHREE Date Received: Petition #: AV- ~7o~Z~ Petitioner: Address: City/State: Agent: Address: City/State: Road Names: Foxfire Community Association of Collier County, Inc. 1030 Kings Way Telephone: (941) 643-3139 Naples, Florida 34104 Kenneth B. Cuyler, Roetzel & Andress 850 Park Shore Drive, Third Floor Telephone: 649-6200 Naples, Florida 34103 Foxfire Lane, Kings Way and Miscellaneous Circles, Courts, Drives, Ways, and Lanes as described below. Location: Section 6 Township 50 South Range 26 East Legal Description: ESter Avenue (approximately 180 feet) as recorded in the Plat of: Foxfire Unit One, Plat Book 13, pages 84 through 86; Foxbrush CQUr~ as recorded in the Plat of: Foxfire Unit One, Plat Book 13, pages 84 through 86; Foxfire Lane as recorded in the Plat of: Foxfire Unit One, Plat Book 13, pages 84 through 86; Foxhound Driv~ as recorded in the Plat of: Foxfire Unit One, Plat Book 13, pages 84 through 86; Fo~h.unt Way as recorded in the Plat of: Foxfire Unit One, Plat Book 13, pages 84 through 86; Foxtrot Court as recorded in the Plat of: Foxfi~e Unit One, Plat Book 13, pages 84 through 86; Kinas Way as recorded in the Plats of: Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103; Foxs Den Circle as recorded in the Plat of: Foxfire Unit Three, Plat Book 13, pages 101 through 103; Foxtail Court as recorded in the Plat of: Foxfire Unit Three, Plat Book 13, pages 101 through 103; Ail as recorded in the Public Records of Collier County, Reason for Request: To concrol ingress and egress to the Foxfire Community by: 1) Providing the means of eliminating ,'cut-through" traffic, and 2) Reducing the incidence of crime throughout the Foxfire Community by controlling the entrances at Davis Boulevard and Radio Road. Current Zoning: Planned Unit Development (residential and golf course community). This Petition does not affect density. I hereby authorize the agent named above to represent Foxfire Community Association of Collier County, Inc., for this Petition. William MacNeill,' President FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC. ..; :',/ Date I ! 1271_i .~'~ NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZA'T:iOM. DEVELOPMENT SERVICES CENTER :~oo,o~,o....~o.o~.. ~o JAN 29 PM 3.' 02 Napte~. Floe<la 34104 (941) 643-8300 S,u~.om 723-8300 Fax (941) 643-6968 BOARD OF COUNTY (X3MMIS$1ONER~ NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION January27,1995 Mr. Tcrrence Holihcn Roctzcl &: Anclrcss 850 Park Shorc Drivc Naplcs. Florida 34103 Petition to Release Foxfire Subdixision Streets Dear Mr. Holihcn: The Mctropolitan Planning Organization staffobjcct to thc proposcd petition to rclcase Foxfire subdivision streets. Whcn roads such as King's Way are closed to through traffic, that traffic is forccd to use the arterial roads. Computer simulation modcling of Collier County's furore road network has made it clear that prcscr~fng the public's use of roads like King's Wa.-,', and encouraging the creation of more roads like it, xxiil be an essential tool in distributing traffic volumes. In this particular case, thc inabili~' to construct thc scgmcnt of LixSngston Road bern'ten Radio Road and Davis Boulcvard has madc thc nced for thc preservation of King's Way motc critical. The Count3.' has a Traffic Calming proccss that is dcsigncd to cnsurc that the traffic that uses King's Wa)' ~ill not cxcced thc speed dcemed appropriate for it. Yours Truly, ....., c,.o-~-.-~ / Gavin Jon~s, Transportation Plarmcr Board of Count).' Commissioners Pobcrt Fernandcz, County Administrator Vincent Cautcro, AICP, CDES Division Administrator Edward llschr~r, P.E., Public Works Division Administrator Wayn~ Arnold, AICP, Planning Services Dircctor David Bobanick, P.E., Transportation Scrviccs Director Km Hcaflmfngton, AJCP, MPO Coordinator I Kant, P.E., Scuior Engineer, Tran.s~,~on Scrvilcs ! lIAR 2,~ 1998 I Date: Fcbmat3' 9, 1998 To: Commissioner Constantine From:~Gavin Jones, Transportation Planner Through: Ken Heatherington, AICP, MPO Coordinator Wa~e Arnold, AICP, Planning Services Director Vincent Cautero, AICP, DMsion Admimstrator Board of Count' Commissioners Robert Fernandez, County Administrator Vincent Cautero, AICP. CDES Division Administrator Edxx~ard llschner, P.E., Public Works Division Admimstrator Wa.vne Arnold, AICP, Planning Services Director David Bobanick, P.E., Transportation Services Director Ken Heatherington, AICP, MPO Coordinator Edward Kant, P.E., Senior Engineer, Transportation Semces TRAHSPORTATIC': Or'PT. T= Dr, X-,.£F: RE: Petition to Release Foxfirc Subdivison Streets Attached is a copy of the Year 2000 net~vork, xdxich includes Lix~ngston Road as a paxtially completed corridor. The simulation model of this network and scenario year was run t~ice: once x~th Kings Way coded in a xsay that simulates it being open to through traffic, and once ~ith it coded in a way that simulates h being closed to through traffic. With Kings Way open to through traffic, th~ average daily traffic on it is projecxed to be 7,800 vehicles per day. With it closed to through traffic, the average daily traffic on it is projected to be 2,700 vehicles per day. Please note: The simulation model is not as reliable for quanti~'ing volumes on facilities like Kings Way as it is for major facilities. · Of the 5,100 vehicles that disappear from Kings Way ~hen the road is closed, 4,000 of them appcax on Airport Road and Santa Barbara Blvd. (total for bo&) bcts~cn Radio Road and Davis Boule~d. When Kings Way is closed to through traffic, tl~ taal vehicle miles travded (VMT) reported for tl~ ~ county goes up. This number is a measure of total s3~'tem usa~, and could be translat~ imo total ~ spent in traffic by all cilizem. This msmb~ will alw-a.~ incr~se when existing roads a~ closed, and aE~-a~ decrease ~t~-n new roads are opened; the traffic on thc road is using it bem__,_,_~/t provides the shortest trip length. Naples (Collier County) Metropolitxn Planning Organiz~fioa 2100 N~ l..~,.4..,b~ ~ Nq~. lqc¢~ ~i~ ¢I. IM IIii · ~ rl.oRID, DOT - DI.tTIUCT O~'1: ] /~API2:S (CO~--~~;~1 COU'~TT) IO'O I COIL/ER (':. 0 UI',rT'Y LO~(G-RAHG~: PI.AH UPDATE COLLIER COUNTY GOVEth\%IEN COMMI~.~ITY DEVELOPMENT AND EA~,qRONMENTAL SER%qCES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ENGINEERING REVIEW SERVICES January 20, 1998 Mr. Terrence Holihen Roetzel Andress 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 RE: Petition to Release Foxfire Subdivision Streets Dear Mr. Ho!ihen: This is in response to your request for a letter.of no objection from this office to vacate the streets within Foxfire Subdivision. The vacation if approved by the Board of County Commissioners would prohibit the general public's right =o travel on the roadways,however it would retain these roadway right-of-ways as easements for access by the County for installation, maintenance and/or repair of its utilities and facilities. This office has no objection to =he proposed vacation based on the fact that the utility easements will be maintained. The issue of no objection from this office related to releasing the general public's right to travel on these roadways needs to be addressed by Transportation Services with the ultimate decision by the Board of County Commissioners. If you should have any questions, please advise (403-2471). Sincerely, Thomas E. Kuck, P.E. Engineering Review Manager cc: Donald W. Arnold, Planning Services Department Director John Houldsworth, Senior Engzneer Edward [~nt, Transpoztation Russell Mueller, Transportation Building Review & Permitting Code Enfor~ment Housin~ & Ur~nn Improvement (941) 403-2400 (941} 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 2 -1 98 COII.IER COUNTY GOVERNMENT PUBLIC WORKS DIVISION January 16, 1998 Mr. Terrencc Holihen Roetzel & Andress Trianon Centre, Third Floor 850 Park Shore Drive Naples, FL 34103 3301 E. TAaMIIuMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX (941) 732-2526 A CElCrlFIED BLUE CHIP COMMUNITY Re: Petition to Vacate the Streets in Foxfire Subdivision; Dear Mr. Holihen: This office has reviewed your request to vacate the streets with in the Foxfire subdivision. The Collier County Water-Sewer District haz existing water and sewer facilities within the public right, of-way ofthe Foxfire subdivision. In order to satisfy the Collier County Water-Sewer District, we require: 1) that all platted right-of ways be dedicated as Collier County Utility Easement (CUE), accepted by the Board of County Commissioners, and recorded in the Collier County Public Records, and 2) that our water and wastewater personnel have unconditional access for service and maintenance of our existing water and sewer facilities within the Foxfire subdivision, and 3) that landscape plantings of trees and shrubs not be planted within 7½ feet of the water and sewer facilities, and 4) that an agreement be established, stating that in the event ofdamages to the water and/or sewer facilities, the homeowners or homeowner's association shall be solely responsible for said damages. Should you have any further questions, please feel free to contact me. Sincerely, PuNic Works Senior Engineering Technician CC: Edward N. Finn, Public Works Operatiorm Director Tim Clemon~, Wastewater Director Ru.~ Muller, Transportation Services HAR 2 zl 1968 COII.IER COUNTY GOVElkNMENT PUBLIC WORKS DIVISION Januao' 21, 1998 33Ol E. TAMI,'MMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX (941) 732-2526 A CEIL'TIHED BLUE CHIP COMM~,.'~ITY Terrence Holihen, Esq. Roetzel Andress $$0 Park Shore Drive Trianon Center, Third Floor Naples, FL 34103 RE: Petition to Release Foxfire Subdivision Streets. Dear Mr. Holihen; From a stormwater management viewpoint, I have no objection to Foxfire's petition to eliminate the general public's right to travel on the roadways in their subdivision. My recommendation is based on the assumption that my Department's staff will still have unrestricted access to the subdivision for the purpose of inspecting the developments stormwater management system. V_ery truly yours, Stormwater Management Director JHB/mts Doc: JHB-096 HAR 2 ti 1998 %,, ~' , Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail, East, Naples, FI 33962 Telephone (AC 813) 774-4434 January 27, 1998 Terrence Holihen Roetzel Andress 850 Park Shore Drive Naples, FL 34103 RE: Foxfire Subdivision Street Vacation Dear Mr. Holihen: Based upon the mutual understanding that vacation of Foxfire's streets will not result in claims of restrictions of law enforcement access, as contained in your letter of January 13, 1998, the Collier County SheriWs Office has no objection to the petition to vacate. Sincerely, ~ff Co~'l%~-Cofnty, Florida DH:mbl EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax (941) 774-1782 e' RES'"' January 20, 1998 Mr. Terrence Holthen Roetzel & Andress 850 Park Shore Drive Trtanon Centre, Third Floor Naples, Florida 34103 Re: Petition to Release Fo~dlre Subdivision Streets Dea~ Mr. Ho[then: I am tn receipt of your letter dated January 13, 1998 regarding the above referenced. The District has no objections to Foxflre's petition, and it understands that it will not interfere with its hydrant maintenance program for this area, or affect its easement rights. If I can be of any further assistance, please don't hesitate to give my office a call. Very truly yours. Robert Schank Fire Chief I HAR 2', 1998 I I Jan. 16, 1998 Florida Power & Liqht Company, 4105 15~h Avenue S. W., Naples. FL ~411G Mr. Terrence Holihen Roetzel Andress 850 Park Shore Dr Naples, Fl. 34103 RE: Petition to Release Foxfire Subdivision Streets Dear Mr. Holihen: This is to inform you that FPL has no objection to the limiting of public access to the subdivision known as Foxfire. This acquiescence is with the understanding that any easement rights to FPL and access to said subdivision by FPL, will in no way be reduced. If I may be of any further help in this matter, please contact me at our Golden Gate office (941-353-6040). Sincerely, /;~ _ G.J.Gratton Construction Service-FPL a~ FPI. Group comp.fly ?Sprint Box 2477 .~aple~. FIodd~ ~4196-2-~77 February 11, 1998 Mr. Terrence Holihen A Legal Professional Association Roetzel & Andress Trianon Centre, Third Floor 850 Park Shore Drive Naples, FL 34103 RE:. Petition to Release Foxfire Subdivision Streets Dear Mr. Holihen: This is in reference to your correspondence dated January 13, 1998 on the above subject. Sprint-Florida, Inc. has no objection to your petition to vacate the public's right of ingress and egress only to the Foxfire Subdivision. If you have any questions pertaining to this matter, please contact me at (941) 263-6223. Sincerely, Marie W. C Network Engineer I - E&C MWC:tu cc: Chron File MAR 2 q 1998 MediaOne' 301 Tower Road Naples, FL 34113 Telephone: 941-732-3801 FAX: 941-992-1289 February 2, 1998 Terrence Holihen Roetzel & Andress 850 Park Shore Drive, Third Floor Naples, FL 34103 Re: Petition to Release Foxfire Subdivision Streets Dear Mr. Holihen: MediaOne(~) has no objection to the release of the general public's right to travel on the roadways located within for Foxfire subdivision. Please call me if you should have any questions. Sincerely, Stephen W. Hill Construction Manager SWH/jdr copy: Fran ReEf, Commercial Development Manager, MediaOne~) Ladies and Gentlemen: ~~' the ~. is ~ ~o~ ~ic~.o~ the Bo~d of DirecCo~ of .the aut~ize6 .. T~ ~isler CC, Foxfire Boar~ of Dixecto~. IlAR 2 ~ 1998 TOTAL. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM FOXFIR~ COMMUN[~ ASSOCIAT[0~ ADDRESS 1030 KinAs ~a¥ ,,CITY Naples DATE 2/19 ,19 98 ,CHECKNO, 2254 DESCRIPTION Petition AV 97-028 INVOICE NO, FUNO COST CEF~TER O~BS PR~ECT CA CK AMOUNT 101 163610 329100 00000 x 1,000.00 1,000.00 T. Meye~ CUSTOMER COP'/ EXECUTIVE SUMMARY PETITION AV 98-003 TO VACATE A PORTION OF A 7.5' WIDE UTILITY EASEMENT ALONG THE EASTERLY 75' OF LOT 11, BLOCK 69, ACCORDING TO THE PLAT OF "NAPLES PARK UNIT 5", AS RECORDED IN PLAT BOOK 3, PAGE 14, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a resolution to vacate the above described easement. CONSIDERATIONS: Petition AV 98-003 has been received by the Transportation Department from Toro' Kepple, P.E., of Kepple Engineering, Inc., as agent for the petitioner. Dubsdread Enterprises, Inc., requesting the vacation of the above described easement to accommodate proposed construction improvements. There are no existing facilities within the easement to be vacated. Letters of no objection have been received from all pertinent agencies. The Transportation Department has reviewed the Petition and has no objection. Zoning is C-3. FISCAL IMPACT: Collier Count)' has collected a $1,000 "Petition to Vacate" fee from the petitioner which will be deposited in Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: I) Approve the Resolution for Petition AV 98-003 for the vacation of the above- described easement, 2) Authorize the execution of the Resolution by its Chairman and direct the Clerk to record a certified copy of the Resolution in the Public Records. and 3) Request the Clerk of Courts to make appropriate marginal notes on the recorded plat. PREPARED BY: REVIEWED BY: REVIEWED Rick Grigg, Land Surxeyor David F. Bobanick, Transportation Director Ed llschncr, Public Worm Administrator DATE:__~-//. 14AR 2 1998 I 6 ? 9 I0 16 I? 22 23 25 26 2'7 21 29 30 32 33 3,4 36 37 RESOLUTION NO. 98- RESOI. UTION FOR PETITION AV 9g-003 TO VACATE A PORTION OF A 7.5' WIDE UTILITY EASEMENT ALONG TIlE EASTERLY 7.5' OF LOT 1 i. BLOCK 69. ACCORDING TO TIlE PLAT OF "NAPLES PARK UNIT 5'. AS RECORDED IN PI.AT BOOK 3. PAGE 14. I'UBLIC RECORDS OF COI.LIER COUNTY. FLORIDA. W! IEREAS. pursuant to section 177.101. Florida Statutes, Terry Kepple, P.E., of Kepple Engineering. Inc.. as agent for lhc petstioner. Dubsdread Enlcrprises, Inc., does hereby request ~be ,,acation of a portion of a 7.5' ~'ide Utility Easement on Lot I I. Block 69, "Naples Park Unit Five~: and WI IEREAS. the Board has this day held a public hearing to consider vacating said e--,s~ment as more fully described beirut, and notice of .~id public hearing Io vacate was given as required b.~ la~v: and ~.VIIEREAS. the granting of the vacation x~ill not adversely affect the ox~ nership or right (,f cam enient access of other property m~ners. NOW, 'FIIEREFORE. BE I1' RESC)LVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the following be and is hereby ~, acated: See Exhibit "A" auached hereto and incorporated herein BE IT FURTilER RESOLVED. tl~at the Clerk is hereby directed to record a certified copy of this Resolution in the Public Records of Collier Coumy. Florida, and to make proper notation of this vacation on thc recorded plat as referenced above. This resolution adopled after motion, second and majority vote favoring same. DATED: ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGItT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as Io form and legal sufficiency: A5sislant County Attorney By: BARBARA B. BERRY. Chairman ~5' UE N 89' 56' 5Y W Let I~ °~, Let 1 £csement t¢ be vacated _ N 89' 57' 41" W 192.16' Description The East 7.5 feet of Lot 11, Black 69, Naples Park Unit 5, as Recorded in Plot Book 3. Page 14 of the Public Records of Co~lier County, Florida Less the North 5 feet ~'-~' Winfield ~~'~ ~ Easement PETITION TO VACAT[, ABANDOit, D)SCONT)NUE, OR CLOSE Public Street _~ Dedicated Easement I.laintenance ~ Alleyway ~Utility - Other (explain) Subdivision Plat . Drainage - Date Received: /-2o_c~/~ Petition Ilo: . ~ ,. naaress: Jg7/~,~ ~ ~'~/~ Telephone: (~) ~ ~- ~oo City/Sta{e: .~e~/~ ~/~,.~ ~ Zip Code: ~A~/~_ ~/~ Agent: Te~.... ~e~ ' Tel ~p h o n e: ~cy/State: ~./<~ ~ ~/ - ~ip Code:_~ Address of Subject Property:.~/~ ~.~/ ~ /dc~ ~, ~/~, ~,~. City/State: Location: Section _ ~.~ Legal Description: ~¢~ // Plat Boo~:, 7 Reason for Request Current Zoning:_ Zip Code: ~y'./~ Township /~-,y' Range Page(s): Does this aff'~ct density? I Iter,eby Authorize Aggpt Above to Repr~ent l.le for this Petition: / /~. ,~c~..~ _. , Yes 1// ,1o ./""~ S{~F, it~. of Nt,t,oner Date / / - ~upportiv~'materials which must accompany this'petition, and deliver ov mail to: *(il (z) (4) is) Transportation Services Division Collier County Government Complex Bldg. 'D" Naples, FL 33962 Telephone: (813) 774-8260 If applicant is a land trust, so indicate and name beneficiaries. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. If applicant is an owner, indicate exactly as recorded and l'ist all other owners, if any. ' If applicant is a lessee, attach a copy of lease, and indicate actual owners if not indicated on the lease. RDH:O10792:]S! MAR 2 ~ 1998 [-5' UE N 89' 56' 53" W t93.19' [-10' I Porking required 9,18B sf/~O0 = 30.6 spcces Porking prov;ded 2 hondlcop ~1 regulor ~a Companies ~..,a ~o ~ Site Plan A .,,no ~,--I ~ ......0 ,,,~ ,,,-4 ' ' I I 0 f,,~f,,. 0 lk., 000 0 mao cO · OC~ O. O~ 0.4' ,4' ,,f ~ Ofkf~Of~ 000 4'f'~f~ 0 m~"o~0 00-0' O' i I / t~J , I.IJ I~ I.~- · ,~ '"~ 0 .J" ,,,..E C~J ,4~ ~ ,,.~ ~ ' t ................ till PC.AT UNIT NO. $ NAPLES PARt~ SECTIONS Z~ AND3:S, T a. SS,RZS£ COLLI ER, COUNTY, FLORIDA · ?_. · ,,,....-.,ef--~. ~'~. _... ..... ~--_-- ; ~..--.--,. ....... ................ ,.. ........ -.~ :--..:- ..~..: ......... · :.-. ~ . ,_- . ................................. .l=li, .-.:rT, .T~;' ' ------....._ ., =,.... ..................... -.: ...... "?R--- ................... ' ' ............... T--~, ;:. .... ~--..,---.~...,,,= .................. - _ , , ~ . . I'"~I""'-L- ..,,.,, ..... -.,-.---j, I-.,,---',,-"-'-"'"'""'""~ . '~,-,--- , _..~ .............. ~ t ~--~. ...... ,-......~ { i. ......... . ,. .,,~ .... , ..... ....... .... _. ~,. ~'_.~_z~ _ ~.,'~ } '; ~: ', .:,5 i. ' '~ ~ ,; .... :'"' -:-',~S---..~~ ~ ............ --..--....--~---,--.~-~-.--- "-'~,I,~, ' ' I,~,.e ,:.,, ,,.- - ,,' ',-,*':*"'~"''l~Iq'"'"'""'~"'N'"'"'"'""~ . "~_"~ · HAR 2 Jt 1998 (iOVERNIXlENT · _,:si,;) ;,;( )1~'i'i I I1( )IL%E."ilit)E I)i{IVI': N.\I'I.I'L"; I.'l.t )I:il)A 3.1 Ii! I November 25, 1997 Mr. Torrance L. Kcpplc, P.E. Kcpple Enginccring 3806 Exchange Avenue Naples, FL. 34104 RE: 7.5 foot Utility Easement · East Side of Lot I 1. BIk. 69, Naples Ibrk Unit Five Dear Mr. Kcpple: We have reviewed thc proposed vacation of thc subject casement, and based on thc fact that the County does not have any drainal~c facilities ~,,ithin thc casement area. we have "no objection" to thc proposed vacation. · '. · -c you in this regard, please Itt mc know. Ill can be of any ft,rthcr assist,mc to Sincerely, John R. l louldsworth Senior Engineer cc: Russ Muller, 'i'ranspor~ation Services Il.il,ling Ih.vi,'w II.,:,,i,~g & thh:,. I'sil C()LI.IEP, COt IN'IT PI ;iff I(' %%'l.)KK.'i I)iVI.SB IN November 24, 1997 Mr. Terrance L. Kcpple, P.E. Keppl¢ Engineering, Inc. 568 Commercial Boulevard Naples, FL 34 ! 04 GOVt!RNMF. NT ~l~! I:. TAMIAMi 'i'lL%IL NAPLES. FL ~t112 ,.~_--5 fAX (9 il) 732 Re: Vacation of 7.5 foot Utilfly Easement Dear Mr. Keppic: This office has reviewed your request lo vacale thc above-referenced 7.5 foot Utility Easement which is located on the east side of Lot ! !, Block 69, Unit 5 of Naples Park. Thc Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection lo the vacation of thc Utility Eascmc.t. Should you have any fuflher questions, please feel free to contact me. Sincerely, / , ; / I Cindy M. Ed) Public Works Se. tot E.gineering Technician cc: Edward N. Finn, Public Works Operations Director Michael Newman. Water Director Tim Clcmo.s, Waslcwatcr Director Russ Muller, Transportation Services H. R 2 ti 1998 FPi December 2. ! 997 4105 15Ih Avenue S.W., Naples. FL 34116 Fax (94 I) 353-6082 Torrance L. Kepple, P.E. CIO Kepple Engineering 3806 Exchange Ay. Naple:~, FI.,. 34104 Vacation of t.ltility I:.ascmcllt Dear Mr. Kcppl¢: Florida F'ov, er 8: l.ight Company has no objection to thc ,,.acatio,~ ol' thc 7..5 I~)ot utility easement located on thc cast side of lot I 1. block 69. Naples Park Unit !£ you have an)~ question.',, please corn:set mc al (941)353-61)~)1. Sincerely. I';.T. I loward Construction Services MediaOne' 'Xl~i~ i~ Dro3dbnnd. Thi~ i~ tl~e wa~'. 301 Tower Road Naples, FL 34113 Telephone: 941.732-3801 FAX: 941-992-t289 Janua~ 8,1998 Te~anceL. Kepple, P.E- Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Re: 7.5 foot Utility Easement East Side of Lot 11 Bik 69, Naples Park Unit 5 Dear Mr. Kepple: MediaOne(E) has no objection with the vacation of the above referenced easement. If I can be of any additional assistance to you regarding this project, please do not hesitate to call me at 732-3801. Sincerely, Stephen w. Hill Construction Manager SWH~dr January 13, 1998 Terrance L. Kepple, P.E. Kepple Engineering Inc. 3806 Exchange Avenue Naples, FL 34104 Petition to Vacate Easement Naples Park, Unit 5, Lot 11, Block 69 SEC 25, TWP 48S, RNG 25E, Collier County Dear [4r. Kepple: Sprint-Florida, Inc. has no objection to your petition to vacate the above reference easement. If we can be of further assistance, please contact me at 941- 263-6211. Sincerely, Dennis N. Corliss Network Engineer II - E&C DNC:tu cc: Dennis Corliss Easement File Chron File . j,~[~& IT / __ / I MAR 2:1 1998 l_,~. ~ , I~ NOV ~ 3~ IN b~C ~ ~ ~ COLL~ CO~ T~ COLLE~OR .~6~ ~97.59 cou.~ 5901 34 5.8~ sc.oot.to~ NA~ES. ROR~A ~112-4~ 1.065j 142.25 .562~ 1. 182 053 15.013 NAPLES PARK. UNll LOTS 11 · 12 OR T5.04 WATERMGT. 157.84 INOtP.$1'~ClAL "~ . 114 VOT'ERAPPI4. D~I?. 2~ 2,004.67 SNYD£R ET I~'X,,EO~ARO J ~SER~AN ~O'~.EEP~.~;G DEPT BOX 477 ~,OLD SPG HER NY ~-~ '?'~ L,,,..4 '04 ,60 PG 1&8 PAI~ ' 9T/11/19 RECe ~279.06 GUY L. CARLTOU 2.654.61 T~L'X COt. LE?- 0000062782280005 00QO27EE22 000~000000 00000 ~EF.R[V~SE SlOE FOR FURTHER ItiFORt~ATION THiS AREA FOR TAX COLLECTOR S OFFICE USE OtRY ~o...~ HAR 2 ~ 1998 ,~. /~ 3806 Exchange Avenue .... ~": ?O~'[~.TiOH SVCS 98 JAH :~'/ AM 8:1~8 · Naples, Florida 34104 · (941) 403-1780 · Fax (941) 403-1787 Rick Grigg Transportation Dept. Collier Coun~ 3301 E. Tamiami Tr. Naples, FL 34104 January 26, 1998 Re: Easement Vacation Utili~' Easement Naples Park Unit 5 East 7.5 feet, Lot 11 Block 69 Dear Mr. Grig& Enclosed, please find a copy of the unrecorded deed(s) for the referenced project. The owner, 3ordan Iserman, President, Dub~lread Enterprises has not recorded his deed since he has been paying on the mortgage held by Edward Snyder, rather than assuming the mortgage. I tru~ this will clarify the ownership of the property. If you have any questions, please call. Respectfully, Terrance L. K~pple, P.E. Kepple Engin~ring, Inc. [ MAR 2 6 1998 port tea of the second pa.'~. ~[~t~t~, ThatlhfMidparl .v nfthefin~tfl, f-rsndJncon, ideriflo~ of the lum of ~ ~D O~EX YAL~AB~ COSSIDEPATIOSS ............................ te bib ID hand paid by ~e ~ piti te~ ~ the ~¢ond ~a~. the ~ceipt whereof ~ hereby aehnowledged, hi I ~anted. be~aiMd, and ~ld to the ~id pz~ les of ~he ~cond theSr hel~ and mi~ forever, the foHo~ln[ deK~d ll~d. iRMi~r, and brine in the CouMy of ~l~ler . ~te of Florida .~wil: ~to II I~ 12, 12ock 69. Ufltt ~. ~. ~L~S P~K SU~IV~SZO~. ]ccord~flI (o t~e rl~t thereof, recorded iff PlAt ~ok ~. ~3ge ~. of the ~Sc ~ecord* of C~llier Couflty, I { ~ny. Subject to ~rtga~e betveen Sidney ~. Hedlfy a~ Cathertflf N. ~e~Ie~, ~us~and and --Tecorded ~v ~1, 1968. OffiCial Record ~ok ~7~. Pa~e })0. which ~rt~age va~ a~ned to Signs D.'Pot~. ~Jch ~sslS~flt v~s recorded Febr~ry ~2. 19~1, Iff ~fflclaI ~cord ~k 38&. Page ~02. Public lernrd~ ~f Collier County. flortda~ Subject to Second ~rtlate between ~rantor herein a~ Kathertne P. Attc~l~on. ~ated I ~v &, 1971, recorded ~v 6, 1571, In O[flctal ~cord ~o~ )9~. rn~e ~S~, which eee~nt vel recorded ~t~er ~2, 1971, Iff Off,cia] Record ~ok ti6. PaRe and pay three And tl, e ~id pa~ y of the flrsl pa~ do el h,-rfl,y fully ~a,anl rE,' ;~tle to slid I~nd. end will derek the Nme against the la~ful ¢lal~ of all pe~ whomever. hand lad ~ll the dar and year fi~t &ho~e - Sig~d. ~ealed end de livPred .~ the I,re~e P.c-,,f: STA I'T. Of rL.o~ 1 D~ COI,'leTT Or COLLIER Joistr P~ch, a ItnlXe man. 2 1998 'i Edith ~°~.tJ, P~role$.l afld Date: J~' 22. 199~ To: K~le Engineering Comp~y A~: T~n~ Ke~lc F~x ~t: 941-40~-1787 From: l~e~ ~d lse~. Attorney~ Reply ~:/ord~n M Iscrman. E~q. lserman and Iscrmnn, Attorncys :57 Main Street. P.O. Ron 47T Cold Spring llarbnr. New York !1724-0477 Tel: (.~16) 692.50011 Fax: (516) 692.5004 Subject Matter: Dubsdrcad wilh Winfield. Easement abandonment a of P~'.~ Including this Cover sheet: 3 Text: Dehi Mr. Kettle: I ~orward hcrcith copies of the deeds in question wilh rcspcct to the Snydcr parcel. Please be advi.~d that il~e purchase was made subject the om~tanding mortgage held by AmerLRr~;} ahd the dccd.~ were not recorded in vicw of' the fact that there was no approval of the transfer subjecl to the mortgage a~d with intcre~! rates at a high lc'vel wc did wish to'fef'ti~nce. The mortgage ha.q now bccn paid do:vn to about $11.000.00 and addifiot~ principal payments arc made cach month in the amount of $ 5.000.00. 'ifiaecessary. I can record the dteds nc~x~' and take thc mortgage payment balance and p~!.off the mortgage, if' required, although with rates havlnlg come down substar',~,'.[lly it probably will not be a problem in any event It just seemed simpler record tht~ deeds ,,,.'hen the mortgage was paid off and/or thc tltlc was passed to Winfield. .,Pi~ advise as Io what you feel is ~hc bcst sccn~io at tl~i, time. AI~. when do you thitil~ there will be a mccting of the Board f,',r approval of thc abandonment, as I am trying t6 !Im'ange my travel schedule and trial .~chcdule here in New York need, Co~a S~rxng oJdres~t One Seventh Street',P.O.Box 24 Key Colony ~each,Florida 33051 Couaty.~,i~.t.i:: Lots 11 an4 12, BloCk 69, Naples P~k,' Unit No. 5 in accord~ce wi~h and subject to the Pla% recorded iH Pla% Book 3,Page ~4, P~[~ Records of Coll~er Count~, Plorida. S~jed~ ~ %hat certain mort a e in favor of ~erif~rs~ Federa~ Sv " ' · g g a tn~. i ~an Asso~ia~on, or i~s assiqns, re¢orde~ In OR Book Page ~'~2, Public Records of Collier County, Florida, ~hich ~he Grantee','herein as$ume~ and agrees to pay in accordance with its terms Seing~d intended to be the same premi.es conveye~ this date to the Gran~6~ by Edward J. Snyde~ and Marion D. Snyder, ~sbind and wifebb. Deed 6~; even date herewith and intended to be recorded; simultaneousl, herew~9.~ :. · : ~,O~¢em~g]~.l. !9 90 and easeme.nts, restrictions, reservlt~idhs of record -; and ea~Iments and restrictions con,on to the subdivl~,16n I gL:: ;'" . :!~u~ ~ su~oZ~ ~ ~ /, ' ~ .- /~_~".~' P. 02 o; o Il9 Hs~b~X,~Road, Cold Sprfn~ Harbor, NY SUBJEC~.~%O %bat certain mortgage in favor of Amecift:r~t' Federal Saving~:.& Loan Association and or its assigns, reco~ed in OR Book page ~, Public Records of Collier County, Florlda~,.~hlch the Grantee hermin '~sumes and agre. es to pay in dccordance with.~fs'terms. SdwardJ. -,'~ : : " N F t4Z, P ~, FLORID~ ~N FO~I tNI~R. alo,~ SECTION _5 ~/2 2B TO~ISHIP 4B ~ANGE 25 DRAWN EY, DATE ~Q 4/93 UPDATE- BY. DATE "1 × 28S r'~m · ! tsTs44 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 ["'1'. .RECEIVED FROM Vt n f { el B D~vel n.nm~e 1'_ ADDRESS49 7t.h ave so CITY DATE 1/~Cl .19..~i.._.CHECK DESCRIPTION P~.t:(~-lnn ~! AV Ft. INVOICE NO. COST CENTER lOt 1636t0 329100 NAR EXECUTIVE SU~IARY PETITION CCSL-97-5, BRETT D. MOORE, P.E. OF HUMISTON & MOORE ENGINEERS, REPRESENTING RICHARD G. and NEONA L. COLE, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIENCE TO ALLOW FOR THE RECONSTRUCTION OF AN EXLKFI~G RESIDENCE LOCATED AT LOT 32, BLOCK A, RE-PLAT OF UNIT ! CON'NEWS VANDERBILT BEACH ESTATES, SECTION 29, TOWNSKIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Tl:e petitioner requests a variance from the Coastal Construction Setback Line (CCSL) to allow for the reconstruction of an existing residence over an existing foundation; a habitable addition and in-filling additions and lanai. (See Exhibit A) '¸,0 CONSIDERATIONS: The subject property is a single family residence located on the west side of Gulf Shore Drive, Lot 32, Unit One, Block A, Replat of Conners Vanderbilt Beach Estates. A single family home currently exists seaward of the CCSL. The proposed project will allow reconstruction of the existing house and add more living space and a lanai; no more seaward than the current home. The petition is consistent with the Collier County Land Development Code, Division 3.13.5.1. The lanai is a non habitable major structure and is consistent with Subsection 161.5:5 (3) of the Florida Statutes, Coastal Zone Protection Act of 1985. Collier County Land Development Code Section 3.9.6.6 requires the removal of exotic vegetation and maintenance of the property exotic free. FISCAL IMPACT: Approval of dzis petition would have no £u~al impact to Collier County. CROWTH MANAGEMENT IMPACT: The reques~ is consistent with Croci 1 i, Objective i 1.4, Policies 11.4.1 flu'ough 11.4.8 of the Collier County Growth Management Plan, Conservation and Coastal Management ElemenL H~'TORIC/ARCHAEO LOGICAL IMPACT: Staff's analysis i~lic~te~ that the p~titionet's property is not located within an area o£historical and ~ur, h~.ologic, l probability as referenced on ~ official Collier County Prohabili~y Map. 1998 RECO~,L~fENDATION: St~ffr~commends spproval of Pctifiou No. CCSL-97.5 subject lo thc following Stipuhtions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Depsrtm~nt of Environmental Protection (I=DEP) Division of Be~cb~s and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. · Covstmcliou activities shall noi occur within one hundred (100) feel of the sea turtle nesting zone, defined by Collier County Land Develo~t Code Division 3.10, between May I - Ociober 31, sea turtle nesting sear, on, without tim submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high ti~4~ line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for ali on-site landscaping beyond the 1974 Coastal construction Control Line. 6. Minor revisions to Coastal construction Setback Line Variance CCSL-97-5 ( including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. PREPARED BY: H. DUO SR. ENVIRONMENTAL SPECIALIST NATURAL RESOURCES DEPARTMENT z-/f4f _ DATE REVIEWED BY: BARBARA BURG E..'.'.'.'.'.'.'.'~3]~ ENVIRONMENTAL SI~CIALIST H CURRENT PLANNING SECTION ROBERT $. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION MAR 2 4 1998 DONALD W. AI~ OLD, AICP, DIRE~I'OR " PLANNING SERVICES DEPARTMENT VINCEN'T A. CAUTERO, AICP, ADMINISTRATOR CO~ DEVELOPMENT & ENVIRO~XOdE'NTAL SERVICES DMSION DATE EXHIBIT I 4 6 ? 9 !o I! 14 17 ~9 21 ~4 29 .~o 72 39 ~o ~2 ~3 ~6 47 49 ~4 $6 RESOLUTION NO. 97-~ RESOLUTIO,N APPROVING PETITION CCSL-9'/-5, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL} TO ALLOW THE RECO,NSTRUCTION OF AN EXISTING RESIDENCE LOCATED AT LOT 32, BLOCK A, RE-PLAT OF LrNIT 1, CONNER'S VA.NDERBILT BEACH ESTATES, SEC'FION 29, TO~,~,,~SH IP 48 SOUTI'I, R,k,%'GE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS. Brett D. Moore. P.E. of Humiston & Moore Engineers, representing Richard G. and Ncona L. Cole. r~uests a vau-iance from the Coas-,.al Construction Setback Line (CCSL), as required by the Collier County C~'dinance 91-102. Division 3.13 as amended, to allow for the reconstruction of an exis:ing single family residence; and ~'HEREAS, the proposed project is approximately 48 feet seaward of the CCSL a~t will not be more seaward than the existing building; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13; and WHEREAS. the request is consistent with Objective 11.4 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan: and ~,'~TIEREAS. Ordinance 91-102 Section 3.9.6.6 requires removal and maintenance for prohibited exotic vegetation. NOW, TltEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTy, FLORIDA. tl~t: Variance Petition CCSL-97-$ be approved subject to the following stipulations: Ail pvop~-~'d improver,'e, nu shall be desk.ed tn accordance *'nh the s~ndards of thc Florida De~at~m'm of Envu~r.~'~enul Prmectmn (FDEP) Divmon of Beaches and Shotes and an approved FDEP ptmut sh~ll be ~ine~ ~ cop~es provided. ~ ~ ~e of a Colli~ C~ BuddmI P~ Construcuoe activ~es shall no~ occur wt~in one hundred (100) feet of the ~ez turtle neutral zone. ~e{'med tv/Coll~, County Land Dcvelopmem Co~ DivBion 3.10. berwet, n May I - Cklobe. t 31. ~a mrOe ne~tmI ~eas, on. ~thout t"~r~ subrnittm~ and ob~ammI FDEP and Collier Cmmx'y C. ommacnon m Sea Tu~e Ne~nl Area pernuts. Pett~et shall nonfy Current Platmml~ Eavimmnenul S~ff one ~'eek ~eaw.atd of the CSSL ~xl shall agate con~:t Staff ~nthm o~e ~,'eek followm$ completma of ~ock seaward of the CCSL. Ou~k~oc lilhtml as~ocmed ~'tth consu'~mm>n, or devek~mem wr. am three hundred (300) feet of the tUf, h t~de line, shah be m com~ltaaCe w~th Divisma 3.10 of the CoWer County Land De-,-elopmem Co4e. Pemfi~,~et shall u~ilU~e or.!y natr~.e coastal dune veletamm for all requited the 1974 Coast! Consuucno~ Con~'ol Lme. 1998 ! 6 ? 9 10 !1 12 14 16 17 19 2O 21 22 2~ 24 2~ 26 2~ 29 3O 3~ ~? ~9 DO%'E A.%'D ORDER. ED ~his DATE: ATTEST: DWIGH'T E. BROCK, Clcrk BY: BARBARA B. BERRY. C'nam~".an D~U'I'Y~E~ AG T 1 IVIAR 2 '~ 1998 EXECUTIVE SUMMARY PETITION SNR g8-1, LELY BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION REQUESTING A STREET NAME CHANGE FROM "LELY BEACH BOULEVARD" TO "BAREFOOT BEACH BOULEVARD", LOCATED IN LELY BAREFOOT BEACH SUBDIVISION, FURTHER DESCRIBED AS SECTIONS 5, 6, 7 & 8, 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests a street name change from Lely Beach Boulevard to Barefoot Beach Boulevard. CONSIDERATIONS: The Petitioner requests a street name change in order to better define the location of the street and to help differentiate it from the other Lely developments. The subject street is private and lies entirely within the Lely Barefoot Beach PUD. The proposed change affects 433 properties. By submitting petitions with 280 property owner signatures, the Petitioner has met the requirements for requesting a street name change. FISCAL IMPACT: Street signs cost approximately $100 each. It will be necessary to install four signs at a cost of approximately $400 wfthin the Bonita Beach Road right-of-way. Funds are available to pay for this street sign and installation in the Road and Bridge Fund, Traffic Operations, (101-163630). Funds are available from Community Development Fund (113) (to which all application funds are deposited) to cover the costs of notification to affected property owners. Since this i.~ a private street, the co~t of the new internal street signs will be paid by the property owners. GROWTH MANAGEMENT INPACT: The renaming of the street will have no impact on the Growth Managemen RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR-98-1, changing the name of Lely Beach Boulevard to Barefoot Beach Boulevard. PREPARED BY: FRED REISCHL, PLANNER II CURRENT PLANNING DATE /?_)~ED ~Y: R'~AL D-15.. I~ ~f~A"l C P ACTING CURRENT PLANNING MANAGER DATE DATE VINCENT ~. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 'ROI~RT J. MULHERE, AICP /~x~IG SERVICES DIRECTOR SNR-98-1 2 MAR ~ 4:1998 W. _,,9.~ _ SNR-98-1 Lely Beach Boulevard to Barefoot Beach Boulevard ~M3 N MAR 2 4~ 1998 ~.? - 1/8/98 ~Y?E O? REQUEST: Proposed Sc:ce: Name: Sc:eec ~a=e Change: Barefoot BetON Boulevar~ Lely Barefoot Beach Boulevard tOCillO~l: Subd£viston: Lely Barefoot Beach Un:eco:~e~ ?lac: Acreage - Sec:ich: ~ ~ To~T. shLp: L~GAL D£SC~I?~iO~: See attached £xhibit "A" and Exhibit "B" REASON (if appl£cable): · .. To eliminate reference to "Lely" which causes pos~..~.. office delivery confusion with property in Lely Resort. Lely B~re~oot Be~ch . ~£LE?~OSE: 941-947-6690 ~--:I~IO~£R: ]~ro~er~y uwn~r~ A~nc~at(nn _ ~DRESS: 1 Lely Barefoot Beach Boulevard, Bonita Springs~ Florida 34134 CC,_~.~S: 2 3 4 10 RESOLUTION NO. 9B- RESOLUTION RENAMING LELY BEACH BOULEVARD TO "BAREFOOT BEACH BOULEVARD", WHICH STREET IS LOCATED IN LELY BAREFOOT BE;-.ZH SUBDIVISION, LOCATED iN SECTIONS 5, 6, 7 & 8 , TOWNSHIP 48 SOUTH, PA,'IGE 25 EAST, COLLIER COUNTY, FLOR I DA. WHEREAS, the Board of County Cormissioners is authorized pursuant to 21 authority of Chapter 336.05, Florida Statutes, to name or rename streets 12 and roads, except for certain state roads; and WHEREAS, the Board of County Com~issioners has been requested to 14 confirm the renaming of Lely Beach Boulevard to Barefoo= Beach Boulevard. 15 This street is located in Sectlcns 5, 6, 7 & 8, Township 48 South, Range 1~ 25 East, Collier County, Florida, Lely Barefoot Beach Subdivision, I? according to the plat thereof, recorded in Plat Book 12, Pages 34-37, of 1~ the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this 20 name or any similar sounding name; and 21 WHEREAS, it is necessary for identification purposes to confirm the 22 name of thi~ street, 23 :;OW THEREFORE, BE IT RESOLVED BY THE BOARD CF COUNTY CO~4ISSiONERS :40~ COLLIER COUNTY, ~LORI~A: The name of this street ls hereby changed from Lely Beach Boulevard 2( to Barefoot Beach Boulevard and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the 2s Public Records of Collier County, Florida, and noted upon the maps of the 2~ street and :sn~ng atlases cf Collier County, and notations made on the ~0 referenced Plat. 31 This Resolution adopted after motion, second and majority vote. 32 ~one this day of , 1998. 33 34 ATTEST: 37 3e DWIGHT E. BROCK, Clerk 4o Approved as to Form and Legal 41 Sufficiency: 42 44 Mar~or)ie [4. Student 45 Assistant County Attorney 46 BOARD OF COUNTY COMMISSION£RS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman AG A q. MAR 4 1998 _ EXECUTIVE SUMMARY PETITION AV 96-001 TO VACATE THE PLATS OF WIGGINS PASS LANDING UNIT NO. I AS RECORDED IN PLAT BOOK 10, PAGE 44, AND WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION AS KECOKDED IN PLAT BOOK 10, PAGE 81, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOKIDA. O.~: To approve the Resolution for Petition AV 96.00I to vacate the plats to allow replatting. CONSIDERATIONS: Petition AV 96-001 was received by the Transportation Services Department from Kenneth B. Cuyler as ag~t for owners, Delnor-Neptune Properties, Delnor Towers Unit Nine, Inc., Delnor Enterprises Unit Eleven Partners, and A.L. Dougherty Co., Inc., requesting vacation of all or a part of two subdivision plats located on the northwest quadrant of the intersection of Vanderbilt Drive and Bluebill Avenue/llth Avenue, as shown on the attached maps. The subject plats were recorded in 1970 and 1971, and the infrastmctur~ never reached fruition, Ordinance No. 92-43 rezoned the parcels pursuant to he County's z~ning re-evaluation process in 1992. The parcels were down-zoned with the condition that prior to the issuance of any development orders, a preliminary subdivision plat was required to be filed and include all of Wiggins Pass Landings Unit No. I and Wiggins Pass Landings Unit No.l Addition with the purpose of providing adequate infrastructure for the property. This requirement first requires that the current plats be vacated. The roads shown on the plats have not been constructed, and the easements have not been used. The existing plat may be considered a burdensome encumbrance upon the property preventing development consistent with modem planning concepts consistent with the Collier County Land Development Code. Letters of No Objection have been received from all pertinent utility companies and government agencies. Transportation Staffh~s reviewed the petition and has no objection. Zoning is RMFo 12(6) and RMF-6. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT LMPACT: None. ilECOMMENDATION: That the Board of County Commissioners approve the Resolution for Petition AV 96-001 to vacate the above-described plats, authorize the execution of the Resolution for the vacation of same by its Chairman, direct the Clerk to advertise the adoption of the Resolution within 30 days and record a co'tiffed copy of the Resolution, proof of publication of the notice of adoption in the Public Records, and make the appropriate marginal notes on the plats. ~,uss lvl~g~l~, Epgineer I ~a(,i2 I~. Bobanick, Transportation Director REVIE~D BY: ~ Ed Ilschn~r, Public Work~ Administrator l~M/trn/! 21597/E$ AV 96001.doc At~chn~-nCs) DATE: /-/,~ DATE: //" A4~4~A ITC~ HAl? 2 z11998 I 3 6 ? 9 to 16 19 2o 22 23 2~ 26 2'7 ~o 31 ~2 33 3~ 37 40 42 ~6 ,17 49 ~2 RESOLUTION NO. 98- RESOLUTION FOR PETITION AX 96-001 TO VACATE TltE PLATS OF WIGGINS PASS I,ANDENG UNIT NO. ! AS RECORDED IN PLAT BOOK !0. PAGE 44, AND WIGGINS PASS LANDINGS UNIT I ADDITION AS RECORDED IN PLAT BOOK ltl, PAGE $1, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. IATIEREAS, pursuant to Sections 177.101, Florida Statutes. Kenneth B. Cuylcr as agent for owners, Dclrmr-Neptunc Properties, Dclner Towers Unit Nine. Inc., Dclnor Enterprises Unit Eleven Panners and A.L. Dougherly Co., Inc., does hereby request th,' vacation of thc Plats of Wiggins Pass Landings Unit No. 1 as recorded in Plat Book 10, Page 44, and Wiggins Pass Landings Unite Nmi Addition as recorded in Plat Book 10, Page gl, all of the Public Records of Collier County, Florida: and ~,~,qiEREAS, the Board has this day held a public hearing to consider vacation said plats as more fully described b~low, and notice of said public hearing to vacate was given as reqtfired by law; and WHEREAS. the granting of thc vacalion will not adversely affect thc ownership of right of convcnlcnt access of other property owners; and NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COb,'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that thc following be hercby vacated: See Exhibit 'A' attached to and incorporated herein. BE IT FURTllER RESOLVED, Ihat the Clerk is hereby directed lo advertise tile adoption of Ihis Resolution once in a paper of general circulation in the County ~'ithin 30 days follo~ ins its adoption. BE IT FUR. TIlER RESOLVED. that thc Clerk is hereby directed to record a certified copy of this Resolution. the proof of publicaHon of the notice of public hearing, and the proof of publication of the notice of adoption of this Resolution in the Public Records of Collier County, Florida and to make proper notations of this vacation on said p~at. This resolution adopted aflo' motion, second and majority vote favoring same this day of _, 1998. ATTEST: DWIGItT E. BROCK. Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSION'ERS COLLIER COUICrY, FLORIDA By:, BARBARA B. BERRY, Chairman Approved ss to form and legal sufficiency: l~ddi F. Asl~ton - Assistant County Attorney RM~t~'I 21 ~9'7/Rm AV 96-001,d~: HAR 2 1998 PLAT OF WIGGINS PASS LANDINGS, UNIT NO. 1 AND PLAT OF %'IGGINS PASS LAiN'DINGS, U1NTr NO. ! ADDITION -- · Er. hibit ~B~ mo.~L__ HAR 2 ~ 1998 BBL$ · $1~VEYORS & MAPPERS 14~4~ OLD 41, SUITE 4 NAPL~ FLOP~DA M 11 ~HONE: ~1,~7-151 · FA~ 941-$97~5207 NO. ~S8 P.2/7~ k.×HIBY£ "a lof 6 AS FOLLOWS: BEG]~G AT THE SoLrrHF, AST COP. NE~ OF LOT 4 OF SAID wIcr~rlqS PA.~ ~~Y ~ OF ~ ~~ PA~ ~~S ~ NO. 1, A DIST~C~ OF ~~O$ ~NO. I; ~~ N.~I~'00~, A DIST~ OF 1971.91 ~ TOA ~~ N.~*4~0~ ~NO ~ NOK~Y L~ A DIST~ OF 14gl.4a ~ TO ~ NOR~T ~~ OF ~T S, B~ 3 OF ~ ~~S ~MOS ~ NO. l; ~~ S.02'l~ A D~~ OF 1~.~ ~ TO ~ p~ ~~O$ ~ NO. 1 ~D~ON; ~~ S.~:1~ ~O ~ '2 1998 SljRVE¥OliS & MAI'PEalS INa 14848 OLD 41, SUrl~ 4 NAPLES, FLOP, ID^ ~4110 TFT _~?ttONE: 941-~97-13I~ FAX; 94I-5~-5207 EXHI BIT "A" 3of6 BE4~IN'N]2~G AT ~ SOUTHEAST COK.NEK OF LOT 4 OF SAID WIC~IN~ PASS ~~GS ~ NO. 1 ~D~ON; ~~ N. g9°~2~0~. ~NG ~ ~~Y ~ OF ~ ~T 4, A DIST~ OF ~.96 ~T TO ~ ~~T ~~ OF ~~4, ~ ~~O~ ~~ ~~ OF ~T ~0,~~ I OF ~ ~~S P~ ~~ ~ NO. 1; ~~ N.S~0~. ~O ~ ~~Y ~ OF ~ ~m'S PASS ~~ ~ NO. 1, A DIST~ OF 11~.~ ~T TO ~ SO~T ~~ OF B~ 2, OF ~ ~~ ~~ ~ NO. 1; ~~ N.~°14~. A D~~ OF 1971.91 ~T ~ A '~~ N.8~4g00~ ~NO S~ NOK~Y ~ A DIST~ OF 1481.48 ~ TO ~ N~~gT ~~ OF ~T g, B~ 3 OF S~ ~~S PASS ~~ ~ NO. 1; ~~ S,02'12~ A D~T~ ~ I~.W ~ TO ~ ~O. 1; ~~ N.~48~ A DIST~ OF 2~,~ ~ TO ~ NOR~~ ~~ OF ~ ~T 1; ~~ S.~o12m~. ~NO ~ ~~Y ~ OF ~ D~~ ~ I~.9~ ~T ~O ~ ~ O~ B~~G, P~ 7828 A~ MO~ OR ~SS. I~AR 2 ~ 1998 .d ........ ..,, .,.,,,~,-,,o n, ~e LA.ND~G$ UNIT NO ~s ~o~ ~ ~ ~ ~ ~vA~ OP~~. 2 ,,. ~._..~~ .' HAR 2 JI 1998 PETITION TO VACATE. ABANDON_..DISCO~,_O..~R_~ Public Street , Alleyway UtilRy Subdivision Plat(s) ------- Drainage Dedicated Easement Maintenance Other (explain) Date Received: Petition No.: Petidoner:._*$~ Lot Owners named on attached Addendum to Petition (Paralra_oh 5) Address: See Paratraoh 5 _of the Addendum Telephone No.: See P'.,raGra_oh 5 of the' Addendum City/State:. $e~ Para~raoh 5 of the Addcq'~lom Zip Code: ~ee Paratra_oh 5 of the Addendum Agent: Kcr~eth B. C'uvler. Esouire. of Roetzel & Andress. A LeGal Professional Association Address:~gSO Park Shore Dr.. Trianon Ctr.. 3rd F1 Telephone No.: ¢94D 649-.6200 City/Sme:_l%Taples. Florida Zip Code: Naples. Florida 33940 Address of Subject Property: Northwest comer of Yand~rl~ilt Drive ~ Bluebill Avenue City/State:lqaples. Florida Zip Code: Location: Section 20 Towmhip 48 South Range ~ East Legal Description: WigGi~ Pass LandinGs. Unit No. I Addition. Plat Book I0. Paee 81: ami Wi_e!ins Pass LandinGs. Unit iqo. 1. Plat Book 10. PaGe 44. less and exceot the Waterway Csee Para_~r~_ h I of the Addendum fgr Full LeGal Description), R~tson for Request: See Paxaitraph 11 of the Addendum to Petition Curr~ Zoning: PdVIF-12(6) and RMF-6, Does ~ affect density? No, ie~-ains the same, ! .AR 2 t998 I I I I Hereby Authorize Agent Above to ~nt Me for this Petition: YES... X NO (See Owner Authorization Letters anached to original petition) ROEIZlm & ANDRESS A Legal Professional Association Signature of Petitioner ~ Kenneth B. Cuyler. For the Firm Date Sd_../'~ / z./ .1996 Please see 'Policy and Procedures of Vacation and Annulment' for the list of supportive materials which must accompany this petition, and deliver or mail to: TramT~rtation Services Division Collier County Government Complex Building 'D' Naples, FL 33962 Tel~hone: (813) 774-8260 (1)* (1) ca) (4) (5) If applicant is a land trust, so indicate and name beneficiaries. ~[ If applicant is corporation other than a public corporation, so indicate and name officers and stockholders. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach a copy of lease, and indicate actual owners if not indicated on the lease. } HAR 2 ~ 1598 i K._./.a -~___,. ADDENDUM TO PETITION IigOUESTINL/YACATION._OF PLATS The undersigned, on behalf of the following entities: Delnor-Neptune Properties; Delnor Towers Unit Nine, Inc.; Delnor Emerpfises Unit Eleven Panners; and A.L. Dougherty Co., Inc. (collectively th~ 'Potitioner~') hereby petition the Board of County Commissioners of Collier County, Florida to vaca~ the below described plats together with all roads, fights-of-way and easements created thereby (excluding the Waterway), and to disclaim any right of Collier County and the public in such plats. (Note: That area designated as Waterway on Wiggins Pass Landings Unit No. 1, is excluded from this Petition to Vacate.). The Petitioners hereby certify the following: I. LEGAL DESCRIPTIQN: The complete and accurate legal description of the portions of thc 2 plats sought to be vacated is as follows: Ali of that certain Plat of the following: WIGGINS PASS LAKDINGS, UNIT NO. I ADDITION. dated January 6, 1971. and recorded January 12. 1971. in Plat Book 10, Page 81. of the Public Records of Collier County, Florida, to~eth~r with all of that certain PLAT OF WIGGINS PASS LANDINGS, UNIT NO. 1, dated February 25, 1970, and recorded April 22, 1970, in Plat Book I0, Page 44, of the Public Records of Collier County, Florida, (collectively the 'Plats'), together with all roads, fights- of-way and easements created by said Plats, less and except the area described as Waterway, Wiggins Pass Landings, Unit No. 1. 2. ABUTTING AND OTHER PROPERTY OWNERS: Attached as Composite Exhibit 'A" is a list which constitutes a complete and accurate schedule of all owners of property within 250 feet of the proposed V~cation in accordance with Collier County Resolution No. 92~I$2, containing the owners' n~aes, addresses, zip codes, mad Parcel Identification Numbers. 3. PUBLIC INTERJ~ I~J.N._J~&TS~ 'i'he !itl¢ or interest of Collier County and the public in th~ Eats was acquired and is evidenced in the following manner (state whether public interest was acquired by deed, dedication or prescription and attach copy of deed or plat as recorded in public Ae Bo As to Wiggins Pass Landings, Unit No. 1: Dedication of Plat by Florida Vanderbilt Development Corporation, a Florida corporation (copy attached hereto ~s Exhibit 'B-I'). As to Wiggins Pass L,euxlings, Unit No. I Addition: Dedic~ion of PI~ by Florida-V~.nderbilt Developmem Corporation, a Delaware corpontion authorized to do busir~ss in Florida (copy attached hereto as Exh~it 'B- :2')° 4. SITE PLAN - SURVEY SKETCH: All fights-of-way, easements, etc. ~re shown on pl~ts. No .separate site plan is applicable. $. EVIDENCE OF FEE SIMPLE TITLE: At~ached as Composite Exhibit "C" hereto is a 1~ of e~ch owner of property within the plats, the specific lot(s) owned a.rgl a copy of the fee simple deed eom'eying title to each owner of property within the Plats. 6. LETTERS OF NO OBJECTION: Leners of no objection to the vacation of the Plats as proposed herein ~rc att~,ched hereto as Composite Exhibit "D", as follows: COMPOSITE EX]{IBIT REFERENCE (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Collier Coumy Utilities Engineering Collier County Engineering IL-view Services Collier Cou.n~' Pla~..ning & Technic~ Services Collier County Wa~er M~u~gernent Florida Power & Light Company Sprint United Telephone-Florida Cominental Cablevision Collier Couru, y Sheriff's Deparunent Homeowner's Association "D-I" "D-2' "D-3" "D-4" "D-5" "D-6" "D-?' "D-8" NONE EXISTS 2 HAR 2 1998 ~s. /~ 7. ACCESS TO OTHER PROPERTY: The Petitioners certify that if this petition is granted, no other property owners will be denied access to and/or from their property. TAXES PAID AND TAX ASSESSOR'S MAP: Petitioners have paid all state and county tax~ on the Property and have attached hereto as Composite Exhibit 'E' copies of receipts evidencing the ~ame. A copy of the Tax Assessor's map for the Property is attached hereto as Exhibit 'F'. 9. AUTHORIZATION OF REPRESENTATION: Attached hereto as Exhibit "G" are notarized lettera of each of the Petitioners authorizing the undersigned firm to file and pursue to completion the vacation of plats petitioned for herein. 10. LISTS OF ENTITY PRINCIPALS: Attached hereto as Exhibit "It" are lists of the officers and major stockholders of those entities among the Petitioners that are corporations, and the principals of those entities that are partnerships. 11. GROUNDS FOR GRANTING PETITIOn: The undersigned submit as grounds and reasons in support of this petition the following (state in detail why petition should be granted): A. Collier County Ordinance//9243, an Ordinance Amending Ordinance #9 I-102 (the Collier County Land Development Code), was an ordinance that rezoned numerous parcels pursuant to the County's zoning reevaluation process in 1992. Parcels which constitute the Wiggins Pass Landings, Unit No. I and Unit No. 1 Addition Plats were downzoned as part of the zoning reevaluation process and at the time of rezoning the following condition was placed on the parcels within the existing Plat: "Prior to the issuance of any development orders, a preliminary subdivision plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block I, of Wiggins Pass Landings Unit 1, shall be submirted to Collier County for review and approval. The purpose of this preliminary subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks, and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code.' This requirement, placed on the properties by the Board of County Commissioners. first requires that the current Plats be vacated. Thii i,:quiremc,+t, placed ol, ,'h,: i,~ ,ponies by ti,. B,)atd of County Commissioners, first require., t;,~t the current Plats be vacated. Thereafter, the owners intend to further comply with the condition by submitting a new project plan for the property in ae. cordallce with Land Development Code requirements. The Wiggins Pass Landings, Unit No. I Plat was recorded in 1970 by the Florida Vanderbilt Development Corporation. The Wiggins Pass Landings, Unit No. I Addition Plat was recorded in 1971 by Florida- Vanderbilt Developmem corPoration. The plan of development conIernplated by the Plats never reached fruition. The roads shown on the Plats that cross the Property have not b~en built. The easements and fights-of-way created by the Plats over the Property have not been used. The Plats, as they cone~m the Properly, do not serve the public or Collier COwa7 in any useful manner. Present land use needs consistem with the Collier County Land Development Code are impeded by the Plats, and rather than being a blu~rint for orderly development, the Plats have become a burdensome en~urnbrance upon the Property preventing development consistent with modem planning concepts consistent with the Collier County Land Development Code. Respectfully submitted: ROETZEL & ANDRESS A Legal Professional Association Kenneth B. Cuyler, 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 33940 Phone: (941) 649-6200 Fax: (941) 261-3659 Attorneys for the Petitioners (SIGNATURES CONTINUED ON NEXT PAGE) 4 HAH 2 4 STATE OF FLORIDA ) ) ss: colml~ OF COli.mR ) BEFORE ME, the undersi~l ~,hori~, personally appear~ KENNETH B. CUYLER, ESQUIRe, of ROETZEL & ANDRESS, A Legal Professional Association, who is personally known to mz and who fu~ by me duly sworn, deposes ~xi says thai he is duly authorized to make this verification for and on behalf of said Petitionm, th~ he has re~d the foregoing petition and that the statements therein comined ate tree to the best of his knowledge tnd belief. Sworn to and subscn'ved before me this of _ ,1996. [SEAL! NOTARY PUBLIC My Commission Expires: LETI3gtLS OF NO OBJECTION WA'I'E~ ~ WAS-~ ~INA-~ ~ 5~KVICE~ C)c'co~er 20, 2995 R~0 NORTM HORb--=S~OE DR/V~ NA~ ~, Fk (813) FA~ (813) 434-~9 Mr. S~venThompson Roe~zel & Ar~iress 8SOPark Avenue Trianon Canter, Third Floor Naples, Florida 33940 RE: Vacation of Wiggins Pass Landings Unit No. 1 and Unit NO. i Addition Plats DmaxMr. Thompson: This cff~ce has reviewed your request to vacate th~' above referenced plats. Collier County Water-Sewer District has no facilities in the area of T_he plats and therefore has no objection to the vacating of the plats with the exception of a recorded 40' x 40' easement on the Northwest corner of the intersection of Bluebill Avenue and Vanderbilt Drive ( Southeast corner of lot 4 in Unit i addition plat). If there are any fuzT. her questions, isor please call this office. cc: Russ HUller, Eng. I, Transportation Services COLLIER COUNTY GOVERNM_ENT 1995 Stephen E. Thompson, Esquire Roe=zel &Andress, L.P.A. 850 Park Shore Drive Trianon Center, Third Floor Naples, FL 33940 2800 NORTH HORSESHOE DRIVE NAPLES. FL $3942 (941) 64~-8400 A CI~FT~D BLU~ CHIP COMMUN~T Vacation of PlaC of Wiggins Pass Landings Unit No. 1 Wiggins Pass Landings Unit No. I A~dition Dear Mr. Thompson: Please be advised the Collier County Engineering Revitw Services has no obJec=£on =o the vscation of ~he Plats of wiggins Pass Landings Pass Landings, Unit No. I Addit£on, including i and Wi gins 'g' ~- - -' .... ---~in-s U~it No. I recoraea a: ~m~ ~_ _,...: 44, a~d ~ ...... ~ .....~ ~at certain real property more county, FlorLaa, .~_~ __ ~4~ .~. to this letter. particularly descrsm~u o~ ~ ....... Very =ruly yours,. STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The forgoing-., instrument was acknowledged before me this 2~ of Collier Counr, y Engineering Revzew Services, wh6-( ~' is personally known =o me or ( ) has produced as identification. NOTARY PUBLIC Print or Type ew/doc:10029 My Commission Expires:~"~'~'~w~"~"~~ COLLIER COUI~I'I( GOVEH.N"MENT ~ 2800 NORTH HORSESHOE DR~VE ~ NAPLES. FL $$942 $~IT'Z C~S DEPARTMENT (941) 64~.-~400 October 26, 1995 Stephen E. Thompson, Esquire Roeczel & Andress, L.P.A. 850 p~k Shore ~ive ~i~on Center, ~ird Flor Naples, ~ 33940 RE: Vaca:ion of PlaC of Wiggins Pass Landings Oni= No. 1 and Wiggins Pass Landings UniC No. i Addition Dear Mr. Taom~son: : Please be advised 1:ha= Collier County Planning Services has no objection 1:o =he vaca=ion of =hose road Righ=-of-Ways shown on chaC certain plac of the Wiggins Pass Landings Uni= No. I recorded ac Pla= B~k 10, Page 44, and Wigg~s Pass L~dings Uni= No. 1 recorded in Pla= Book 10, Page 81, of =he ~lic C~Ier Co~cy ~nc Pl~ ~ Records of Collier~ certain real proper=y more~ =his le1::er. STATE OF FLORIDA ) ) The eA'goin~ insCrumenC was..acknowl,~d~ed before me .~his A.YCol~~anning Services, who (~ is persona, ll y known Co ~--.,.i Notary Printed Name: ~ I _ __'_--~7~-~O~FU~I Prin= or Type __ COLLIER COUNTY BUILDING ~ NAPLES, 7LOEIDA ~396~ Viz7' ~-m2y 7om:J, John H. $o~.dc, P.E., P.L.S. ScoFmvace~ }r~T~t g.nenc Doc: 9&35 MAR 2/~ 1598 I=PL. P. O. Box 413013. #lples, FL ]~41.X/13 OCTOBER 16, 1995 HR. STEPHEN THOMPSON I~OETZEL & ANDItESS 850 PARK SHORE DR NAPLF. S, FL 33940 DEAR HR. TH(I~PSON: IN REPLY TO YOUR RECENT REQUEST, FPL HAS NO OBJECTION TO THE rAtION OF THE PLAT KNOWN AS WIGGINS PASS LANDINGS UNIT NO. I & THE "ADDITION'. THIS NO OBUECTION IS GIVEN WITH THE UND£RSTAI~DING THAT THE EXISTING FACILITIES LOCATED IN THE RIGHT OF WAY ;kLONG THE FAST BOUNDARY OF THE PROPERTY APE NOT SUBJECT TO THIS NO OB;YECTION. ADDITIONAL FA~ILITI£S MAY t~E REQUIRED IN TI{E ~/ITURE TO SERVE WIGGINS PASS LANDINGS UNIT NO. I '& THE "ADDITION", SI~OULD TH~S NEED COF2~ TO PASS, APPROPRIATE UTILIT]6 EA~EM~.NTS WOULD BE REQUIRED AT TF. AT TIME. RECEIPT OF THIS LETTER N'JLL AND VOIDS T~ PREVIOUS LETTER WRITTEN S£pTr~HBER 14, 1995. IF YOU SHOULD HAVE ANY QUESTIONS REGARDING THIS MATTER, PLEASE CONTACT I~R. 1~ JOHNSON AT (941) 434-1263. VERY TRULY YOU~, ~ K. JOHNSON DISTRIBUTION DESIGNER ]G,,~:Z,~S OPERATIONS/FPL ~ 2~77 11, 1995 Stephen E. Thompson Roetzal & Andrass Park L'hora Drive Trianon Cantra, Third Floor Naples, Florida 33940 Petition to Vacate - Wiggins Pass Landings Unit No. 1 and Wiggins Pass Landings Unit No. I Addition Section 20, Tawnship 48S, Range Collier County, Florida .. Dear Hr. Thompson: Sprint/United Telephone-Florida has no objection to your petition to vacate ~he easenent described on ~he attached petition to vacate, abandon, discontinue or close form. If we can b~ of any further ass£stance, please contac~ me a~ 263-6342. Sincarely,~ ~T.~e~olds Associate Engineer o'nv v cc: Easement File Continental Cablevision' ~0. ~ II~ll · 3~1 Tm, er #aples, FL 33H1.3gll October 10, 1995 Stephen E. Thompson, Esquire Roetzel & Andress, L.P.A. 850 Park Shore Drive Tr~anon Centre, Third Floor Haples, Florida 33940 Vacation o! Plat of Wiggins Pass Landings, Unit No. 1, Plat Book 10, Page 44, and Wiggins Pass Landings, Unit Ho. 1 Addition, P1st Book 10, Page 81. ; Section 20, Toe, ship 48 South, Range 25 East, Collier County, Florida Dear ~r. Thompson: Please be advised that ¢ont£nental Cablevision of Southwest Florida has no ob~ection to the vacation of those road right-of-ways sho~n on the plats o~. the above referenced s~divisions. Sincerely, and Construction e Collier County Gov'. Cx~mp,'~.x Bldg. - J 3301 Tamiami Trail. East, Naples, F133962 Telephone (AC 813) 774-4z,34 October 1:3, 1~5 Stephe~ F.. Thompsm, F-.s:l. ~ & Andress, L.P.A. ~fO P~rk Shorn Drive Trimon Cenir~ Th/rd Floor RE: Vscttion of Plst of Wii/ins Psu I..sndings, Unit No. 1; snd V~'i~,~ins Pus L~nclin~s Unit No. I ADDITION De~r Mr. Thompson: Please be advised that the CoLli~ County Sh=riff's Office has no objection to the vacation of the above.-cal:rdone.d prolxmties. ' WE SUPPORT WESPONSOR Ex~:.c'~'rlV~. s t..';~IMAR_)' ADOPT THE PROPOSED COLLIER COUNTY WATER IRRIGATION ORDINANCE Q_.I~I~,~: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier CouxRy Water-Sewer District adopt The Collier County Water Irrigation Ordinance and authorize thc chairman to cxccutc. _CONSIDERATIONS: 1. The Board directed staff to develop and return with an Ordinance to assist with the conservation of water by designating appropriate periods for landscape irrigation. The South Florida Water Management District requested assistance with the need to conserve water and requested that all County and City Governments adopt an Ordinance that prohibits irrigation during day-time hours. 3. The Board of County Commissioners agreed with the request and directed Staff to prepare an Ordinance for their review and approval. The intent of the proposed Ordinance is to ensure the continued health, safety, welfare and quality of life for the exi~ing and future residents and visitors to Collier County by conserving the County's water resources. 5. This Ordinance does not apply within the Naples city limits or any other municipal corporation within Collier County. 6. This Ordinance provides for the following: Within the boundaries of the Collier county Water-Sewer Distri~ and the Ooodlmxl Water District landscape irrigation will be proMbited ~ the hours of 10:00 a.m. to 4:00 p.m. · Emensive provisions ar~ made for exemptions and hardships under Section 7 of the proposed Ordinance. · A method of granting relief from all psovisions of this Ordinance is available for situations that pose unique, unnecessary and inequitable hardships. · This Ordinance provides for a fa'st offense penalty of $100, a second offense penalty of $250 and a third offense penalty of $400. FISCAL IMPACT: 'rhc~¢ is no readily quantifiable tiscai Unpact created by adopting this Ordinance. However, there will be costs associated with enforcement and administration of the Ordinance. Fees collected under The Water Irrigation Ordinance shall be used by the Code Enforcement Department to fund enforcement of this and other County Ordinances. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS; Staff recommends that the Board of County Commissioners, tim Governing Board of Collier County, and as Ex-Officio, the Goveminlt Board of the Collier County Water-Sewer District and the Ooodland Water District adopt the Collier County Water Irrigation Ordinance. l~' APPROVED BY: Ed Ilschner,'TP~u'blic Works Administrator Regular Agenda, March 24, 1998 2 3 4 6 ? 8 9 10 I1 12 13 14 15 16 I? 19 2O 21 22 23 24 25 26 27 THE COLLIER PROHIBIT ~'ATER ~GA~ON E~RY DAY BE~EN THE HOL~ OF 10:~ ~M. ~N~ 4:~ P.M. ~]THXN THE BOL~~ OF THE COLLIER COL~ WATER-SE~R DIS~ ~ THE BOL~~ OF ~E ~D~ WA~R DIS~; ~O ~1~ O~R GE~~C ~ OF ~NCO~O~D COLLAR CO~ D~IGNA~D ~ ~N ~GA~ON ~~D ~A BY ~OLL~ON OF ~E BO~ OF COL~ CO3~SSIO~ ~R A PUBLIC HE~G; PRO~ING P~OSE; ~RO~G DE--IONS; FRO~2D~G WA~R ~GA~ON gO~ fRO~ONSI DES1GNAT~G THE ~'O ~D~LY ~N~ V~~ PR~D~; PRO~G FOR POSSIBLE ~NA~ON OF WA~R ~OLA~ONS BY ~E S~ ~E~ON OR E~; ~RO~G FOR ENTORCE~N~ SE~~; PRO~DING FOR ~USION ~O ~ CO~'S COD~ OF ~ E~~ DA~ of thc citmms md visitors of Collie~ C~nW, md V~'i~ia. EAS, t~ South Florida Water Maa~gernent D/s~ia I~ r~q~e~d, to n~ist with the nee~ m con.~rv~ wa.~t, t~at ~D County md City C, overnm~nu adept an ~ tb~t prohibiu irrigation b7 w-,er during day.time bourt, znd WHEREAS, the Board of County Commi$$iooen agrees with the request made 1o Jt by t~e .South lqorida Wa~er Management District; md WHEREAS, the population grow~ of Collier County bas placzd and continuea to place increasing denand~ on the water reaourcet of the County', and V~TIEREAS, ~t is t~e intent of the Board of Count! Commi -r'_,,,.e,._ of Collier County to resid~ts and v~silor% to Celli~ County by con.~rv~g the County~ ~ w~all~S~-~, . .... and ~I,1tER.KAS~ tEh Ordinance do~ not a~ply within O.,e ci~ limiu of any l~OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL~'I'~' FLORIDA. that: SECTION ONE: TITLE AND CITATION. i.1 ~ C~.din~nce shall be known as and cited u "The Colher County Water trrigation Ordinance." 4 '7 ! 9 I0 II 14 16 !? I$ ~9 2O 21 22 23 24 S£CTIO.~ TWO: lq,~'DING$. ,'l'he .*~oarct ,,r"~,~n.'? c.,m~issione,$ berd))' mutes the f'~o~,~nlt fir, dings' 2.! ~,,~ ~ml~ .,.. i~y · 3~ d,~'[e.g G~. :.ours of ~t; C~ z.n~. and 4:00 p water loss to evaporation a.,xi reduces d~¢ b~¢6..,:i~ us~ ot'tbe County's s'*~ 2.2 That aciopdnl an Ordb~-~ to ILmit irrigation berwct'n 10-00 a.m. and 4:00 p.m. should also raise public awaz~'mss md promote comerv~on ol'wa~er, md 2.3 ~ r~su'ic~.ng i:~is~c~ ct~s ~ bouts of 10:00 a.m. and 4:00 p.m. will nm a-cate a tm~.ship t'o~ rcsictcnts ol'cottie~ Count. SECTIOH TEI'REE: pIjILPOSF- S.t The prLma,'T ~ or'the d~is ~¢ is to conserve w~ter. SECTION FOUR: D£Fi~TTIONS- The follow~g dcfu~i6oas shall sppty w~tl~n this ordin,m:e: 4.1 A~'rtculmre. The ~ of f'zrm product* including, bet nm Lizn~ted caz~e, veges.~les, cim~s sad other f~, psstu~ land. sod or aurse~/stock Lin:lucius sod not Rmited to ~ent,zl roi.iago s~ i~,exxboa~e prints. 4.2 County. The Bond of Count~ Co'~- ~ssianers azxl Ex-O~cio the Governlne Boa,'d o{'tbe Collier County Wtt~.Sewer and C. oocgmd Water Dis~cts. 43 Code Enforcement O~c~'. Any autborLz~ agent wbose duty it is to eztfor~e County c~ Employees or agents wbo ~ be clesigna~d aa Code F..~'orcezn~nt ~ for d~e ~ of ~ ~ may Lnctude sad are not limi~d to: Law Enfo~"ment O~cers, Coclc F. zd'orcement D'~octor, Code Ertfo~t S~>erviaork Ezd'orceaa~t tnvesfigato~ a~d Code E~ofr. a~eat Compbmce ~g~or far Revmne 4.4 County Water-Sewer Dba'Set. The service beunda~ies of Otis District are ami sh~li be as ~.:ified in Collier Coq,m~ Water. Sewer Disa'Lct, Special Act C'n,zpta 15..~99, t.~ws of Floric~, as now exists or is bere~er 4.5 Goodland Water Dlstrk't, The service boundaries of lha Dis'lz~'~ are md sba~ be as es.t~lishec? in Goodland Wazer Dis~ict. ~ No. 10-43, as now or berea~ &,.ne~ed. or its successor ordirance ~ fuz~-fion, if any, 4.6 lmper~'ic>us. Lmperx'ious surfaces a~ tl~ose which cSo nm allow for ef~ciem penes'argon of water. Such surfges tnctude paved roads and paved vefficle park~g surfaces, cement sidewalks, pa'~ed driveway%, tad ~eas covc~ed with ~g~ly comp~ted shell or clay. Excluded are properly f-u.,~ioning per,'ious pa:k~ng a:e~ and similzr 4.7 irrigation. Application of wate~ fzom sm'face v, atc:' o= ~.ound -,'nter sources or ~uifers. 4.1 Irrigation S)stems. Equipment and devices 0~t delive~ water to planu, grass, at' foliage beLng Lrrigated. These include sad ~re not li.-nited m pipelines, control sm~tu~s, pipes, 4 5 6 ? ! 9 !0 II 12 13 ~4 15 ~6 ~9 2O 21 22 23 24 26 27 &tchm~ pm~piflj 4.9 Ptr~on. ~mtio~ ~ ~i~i~ jolt ~c,l~, ~p, m~ci~i~. ~ ~. ~li~ ~Hsi~ ~blic o~c~. ~ ~y ~ m~ w~. ~ ~ ~b~ of~ ~tly ~ ~ly. 4.10 Water ~u~ S~e ~ ~ ~ ~ ~ ~f~ 4.11 Wat~ U~I~ ~ SECTION F'IN~: [R.KIGATION HOUR PRO~I:BITIONS. 5.1 AJI I,zgisczpe irrigstio~ by wasa. wi~ any part of the m degn'bed below (]tfiption Rma, ic~ed At~as) in Sectiao Six of ~is ordinance and ~ az not pmh'bited every day st all times between the houri of 10:.00 a.m. and 4.'00 SECTION SIX: I]LRIGATION RESTRICTION AFFECTED 6.1 Upon the effective date of ~ Oalimn~ the irrigation remzk:fi0m District md withi~ ~ bouadwie~ of the Goodlmd W~a~ Dis'aict. 6~ The pr~om of tl~s ~ d~ ~e ~cable to o(Mr [(olrsphic an· of urducorpomed Co[lia. County if and when tl~ nspectiv~ ~o~rsphic sr~ is ~ by R~ohtxion of thc Bom'd of County Commiuiooc~ is · water i.,yigation rcstTicted I~a which shall hold a publk b~'inl b~fofl adopfng ~ch ~cb 6.3 No pmvisio~ of ~s Ord~ ~ apply withia any $eolnp~ wm ia the City of Nzple~ or any other municipal corporation. SECTION S£VgN: EXEMPTION; VAR/ANCE PROCEDUR.~ 7.1 The follow,ns ic~iv~t~e~ shall be exeTn~t f~)m the g,-o',isiorm of Ibis Ordinmcc. 7.1.1 L&.'.dscape irrigation by h·nd-watetinl provided · person ia I all such 7.1.2 7.1.3 7.1.4 times manually operating the ~'at~g dcricc, r~ch m a nozzk 1hat shuts off auwmaticelly when not held open by band. l~ndscape i~gation by symms from which the sole ~rce of water is treated wastewa~et effluent. Very shofl-ten'n op~r:cion of an irriD~tion system for rex'flag s)xtern repair and maintenance. Flusl'.:ng water m~ns th~ is required for normal wats. main ckar~nce and mtintet~nce or for mzlntaxmce of wasa' ~ bowers., wlmm practic,~ contr'~cwn az~d u~'Lities t~xll d~rocx such flu~ ~ into HAR 2 1998 K. .5"' ! 2 3 4 6 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7.1.$ Landscape irrigation foe purpos~ of ~'a~l ~ ~Bcid~ ~ci4~ ~ ~icid~ u ~ 7.1.6 ~ ~ f~ ~ ~ ~ly p~ ~ ~ fo~e d~l ~e ~ f~.~ve v~ f~ ~ga~on W~ ~tor ~ ~ a ~ ~ ~ ~ ~ ~u~. ~si~ may ~ ~ ~ ~ ~ ~ ~ ~ W~ o~e ~. 7.2.2 ~ ~li~tion r~ v~ p~p~ively only ~ en~o~ent ~ion ag~ of~s ~a:~a~e ~r o~. 7.3 Should ~ Bo~d of Co~ Co~i~ ~e to ~y o~ ~m (which s~l ~ 2 3 4 6 '/ ! 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 t~x~m~mb-c~ ~o ac~ on behalfof the Coqmty to approve or disapprove vatimce requesu within such designated area(i) ,"ha~ i. 'ividual n' . bc the C .,m:~,'s Water l"4~ctot. SECTION EIGHT: ALrl'T10~ 1'O TERM2~ATE WATER Lri'IL~'Y SER~1CE. I.I ~ ~ ~y ~ w~u ~ m my ~ of ~ Co~ W~- C~ f~ ~gation ~ ~g ~ f~ ~ ~lly ~ ~ ~ (2) ~ of ~ of~ Co~ A~I~ ~ p~t ~ ~ T3. ~ SECTION NI~rE: ENFORCEMENT A~'D PENALTIF~ 9.1 The pen~fi~ for uT~ou~ viol~om of ~ Ordinm~ ~ be one hmxlmd ofl'm~e, md four hundred do~L~n (r~00.O0) for e~e e~! offense. Each pcrmn who, or enti~ ~ coetem my vioL~on of ~ ~ is tl~rcby ~jcc~ to a ~ fine of np to buzxlm~ 6oLtars (5500.00) for mr~ eo~. Ci~tio~ for v~oL~oa of ~ Oe~m~:e may be im~ ~ to Col~ Couaty ~ No. 9'/-3:~ (~e Cit~oe ~). VioL~om this Ordimnca may be etfforeed und~ Ch~taz 162 m ~12~.69, ?"/a~ Srata~. or under §1-6 of of'this Ordin,me~ exes! m m·y be ordered by a judge becm~ of dir~ conlcmp~ otcom~ 9.1.1 Each ~p~l~ d~y thai the~ is · my vjol~tiou otthis ~ by lbe tame ~ or entity fl~l eotmimle i ~tat¢ ofl'ent~. 9.12 All fme~ coiffed purn~mt ~o this O~timno~ ~ b~ tt~ by tt~ Co& En.rorrxtm~ [kpmm~t to tknd ~a'oreement ot this ~ m6tor oth~ Couav/~. SECTION T~N: CONFLICT AND SEVERA.BTLIT~. The provisions of fi'ds Ordinance shaJl be liberally cons~ed Io effectively cattyou~ ks pm'poses In thc interest ol'public healt~ and ~o protect the ~'atet resources of Collier County. If any ~-6on. phrase, sentence or portion of ~his Ordinance is, tot ~ny remon, held invalid unconstitmional by ~y courl of compelem jurisdiction, such portion shall be deemed · distinct, mci independent provision, ~ such holding shall not affect the validity of remaimng portions of this O~inance. · MAR 2 IS 8 [ ! 2 3 4 $ 6 '7 9 I0 II 12 13 14 I$ 16 17 Il 19 :20 21 22 23 24 26 27 S£CTION £I.£VEN: INCLUSION IN THE CODE OF LAWS AND O~DINA~CES. The provisions of t~ Otdin~rg¢ shah become and be made a pan of ~¢ Code o! Laws ami Ordinances of Collier County, Florida. SECTION I"W~LV~: EIrI~CTrVK DATE. This Ordinance st~ _h~-___,~ne effective ~ filial ~th the lqorida Depe'aaent of Sta~. PASSED A~D Db'tX ADOlrf~D by ~e Boa~ of County C _o~___'~i~ of Collier Com~, Florida, ~ day of ,199_. ATITST: DWIGHT E. BROCK, BOARD OF COUNTY CO~SSIONERS OF COLLI~ COUNTY, FLORIDA By: Approved as m form tnd legtl su~ciency: A~si~ ~m~ry A~orney EXECUTIVE SUMMARY PBTI~ON V-97-18, ROBERT L. DUANE OF HOLE, MONTES & ASSOCIATES, ~G KRAFT CONSTRUCTION COMPANY, REQUESTING A 3.$ FOOT VARIANCE FROM THE INDUS~ ZONING DISTRICT SIDE YARD SETBACK RF~R~qRI~vlI~ OF 13.$ FEET TO 10 FEET ON BOTH THE EAST AND WEST SIDE YARDS FOR PROPERTY LOCATED ON THE SOUTH SIDE OF S. HORSESHOE COURT IN SECTION $$, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ~ l~fition ~ a variance of a 3.5 feet from the required side ya~l ~tback of 13.5 fee~ to 10 feet for bo~h ~id~ ~ to allow for the construction ora warehouse and office building. CONSIDERATIONS: Th~ mbj~'t site ia a platted and conforming lot of record that is located at the end side of a cul-de-sac. The petitioner states that the property ia encumbered by a 50 foot drainage easement along the south property line. In addition, the existing cul-de-sac geometry encroaches into the northwest comer of the lot which necessitates that the structure be moved back approximately 85 fec~ from the slxeet. Since the minimum fi'ont ge~back in the Industrial District is 50 f~t, the structure is setback b~ween 30 and 40 f~ more than would typically be required. The subject property is 135 feet in width and 239 feet in depth or about 32,265 ~uare fe~ in area. Tlg petitioner ia seeking relief f~om the required minimum side yazd requirement in the (I) Indu.ca'ial Di~nct which is calculated at 20 Ix'recto of the lot width not to exceed a maximum of 50 feet. This yard requirement may be apportioned betw~ the side yards in ~ manner, except that the side yard m~y not be less than 10 feet. The yard requizt~ents for a conforming lot of record in the Industrial di~rict ~re noted below: Front yazd: 50 feet Side yard', 20 percent of lot width (135 x 20% = 27 fee! or 13.5 feet on each side) Rear yar6:I5 feet Sim~ tim lo~ width is 135 feet, thc required side yard setback is 27 feet in total. This total may be ~llioned on each side with a minimum of 10 feet. Due lo the site con~u-aintg the petitioner is mquming a variance of 3.5 feet on each aide from the required 13.5 foot sethack to 10 feet. B~sed on the ~! site plan, the proposed facility complies with all other ro:tuired yard setbacks, therefore., no oth~ variances are ne~led. It should be norm that the granting of this variance k~ping with the general intent and purpose of the LDC. However, it ia unlikely that ~ tl~ public welfare would re~lt from it~ approval since the Industrial district allows fo~ ·vill not be in zero lot line MAR 2 4 1998 l:milding as long as the r~uired setback is piovided oa th': oI ;: -:itc side. l't:i..¢,back ;'equi~, ~n~mt ~nay ~ 1~ ~xmioned in any marm~r as long as the minimum side yard setback of 10 feet is provided if lt~ m'actur~ is not built on the side lot line. As a result this petition will not have any adverse impact o~ It~ circul~on of fight and ~ir between muctures. Therefore, the granting of this variance will not I~ i~bsrions lo th~ nei~ Furth~,mor~, the association for the industrial park has provided a 1~ of support for the proposed variance. 'l'hz Colli~' County Planning Commission (CCPC) heard this petition on February 19, 1998 and voted $ to 0 Io f~ Petition V-97-I 8 to the Board of Zoning Appeals with a recommendation of approval. During the public hearing of this item, no one spoke in opposition ~o the l~posed variance. GROWTIt MANAGEMENT IMPACT: The proposed variance is con~s~ent with the applicable provisions of the Growth Managemem Plan. PLANNING COMMISSION RECOMMENDATION: TI~ Collier Coumy Plarming Commission (CCPC) forward Petition V-97-18 to the Bo~d of Zoning Appeah (BZA) with a recommendation of approval. CURRENT PLANNING SECTION REVIEWED BY: ~ER CURR~NT PLANNING SECTION ~OR VINCW~NT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE V-F/-! ~I~X ~JMMARY/RVB/~ 2 MEMORANDUM AGENDA ITEM 7-¢ TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNYrY DEVELOPMENT SERVICES DIVISION JANUARY 22, 1998 PETITION NO: V-97-18, KRAFT CONSTRUCTION COMPANY OWNER/AGENT: Agar: Mr. Robert Duane Hole, Montea & Associates, Inc. 715 Tenth Stzeet South Naples, Florida 34102 Kraft ConsUuction Company 2606 South Horseshoe Ddve Naples, Florida 34104 REOUESTED ACTION: This petition ~eeks a variance of a 3.5 fca from the required side yard .~back of 13.5 feet to 10 feel for both side yards to allow for the construction of a warehouse and office building. GEOGRAPHIC LOCATION: The property fronts on the south side of S. Horseshoe Court and is further, described u Lot 6, Fast Naples Industrial Park, Section 3:5, Township 49 South, Range 25 Eas~. (See illustration on the following page) PURPOSE/DESCRIPTION FOR VARIANCE: msnner, except tha~ the side yard may not be less than 10 feet. This is a platted lot ofrecord that is located at the end side of a cul-de-sac. The subject propert~ width and 239 feet in depth or about 32,265 square fee~ in area. The purpos~ of this petition is to seek relief from the required minimum side yard requirement in th~ (I) Industrial District which is calculated at 20 percent of the lot width not to exceed a ~um of 50 feet. This yard requirement may be apportioned ber#ee~ the side yards in ~ay ~d confcrrrni.~ MAR 2 4 1998 I I / / / / I! S. HORSESHOE COURT 40 20 0 SCALE ,~'~ SCALE: 1" I I (,-~ I I u ~, I ! u I ~, u I u '- NOT PLATTED The petitioner states that the property ~$ encumb,.'red by a 50 foot drainage .~,asernent along the south property line. In addition, ~b~ e,<i.~:~g c.' ~;¢.,',,; ge,~,n.~ry e~,,:-oac',~.:: ;at-: :he no,~,hw~t comer cf ;:,c lot ,~'.',ich ,~,,:c~.~il,acs ~l :,: Ibc <lrt~ct~xc :,: mo~cd back ~pproxim;.:~ly 85 fc,':t from the street. Sinc,~ the minimrun front setback in the Industrial District is 50 feet, the structure is setback between 30 and 40 feet more than would typically be required. The yard requirements for a conforming lot of record in the Industrial district are noted below: Front yard: 50 feet Side yard: 20 percent of lot width (135 x 20% - 27 feet or 13.5 feet on each side) Rear yard: 15 feet Since the lot width is 135 feet, the required side yard setback is 27 feet in total. This total may be spportioned on each side with a minimum of 10 feet. Due to the site constraints, the petitioner is requesting a variance of 3.5 feet on each side from the required 13.5 foot setback to 10 feet. Based on the conceptual site plan, the proposed facility complies with all other required yard setbacks, therefore, no other variances are needed. Furthermore, the association for the industrial park has provided a letter of support for the proposed variance. SURROUNDING LAND USE AND ZONING: Existing: The site is currently vacant and is zoned Industrial. Surrounding: North - S. Horseshoe Court and an Office Building; Zoned: 'T'. East - Child Care Center; Zoned: Industrial with a conditional use. South - Naples Airport; Zoned: C-A West - Office/storage; Zoned: 'T' GROWTH I~LSsNAGEMENT PLAN CONSISTENCY: The requested variance does not have any impact on this property's consistency with the County's Growth Management Plan. EVALUATION FOR INFRASTRUCTURE: ENVIRONMENTAL. TRANSPORTATION Approval of this variance request will have no effect on infraslzucture, transportation or the environment. Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA ~ provisions of Subsection "4" (a) through (h) which are general guidelines to be u Commission in making a determination. Responses to items in this Subsection are 2 Are there special co~zdttions and clrcu~seancr~ exintfng which arc peculiar to the location, size and ch:,, act,.ristics of ~hc ;.,ad, structure, or btziht:ag involv,.d? Yes, the subject site is a conforming lot of r~cord that is encumbered by a 50 foot drainage easement along the south property line. Since the minimum rear setback is 15 feet, the proposed structure is located an additional 35 feet from the rear property line. In addition, the cul-de-sac geometry encroaches into the northwest comer of the lot which pushes the sa'uctu,re back approximately 85 feet from the ~ to allow room for the ingress/egress. Since the minimum front setback i~ the Industrial District is only 50 feet, the proposed structure is setback an additional 30 to 40 feet more than would typically be required. As a result of the easement and cul-de-sac, the petitioner states that the building envelope has been reduced by approximately 10,125 square feet. This forces the structm'e to be wider in order to me~ the building space needs. Therefore, staff is of the opinion that there are special conditions that exist which are peculiar to this property. Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Ye~, as noted above, there is a 50 foot drainage easement along the sou& property line and a cul-de-sac that encroaches into the northwest comer of the lot. The applicant did not create these special lot conditions that result in the structu:e being pushed back from rear lot line and fi.om the street. It should be noted that most ofthe lots in this Industrial subdivision do not have these pre-existing encumbrances. Will a literal interpretation of the provisions of this Land Development Code work unnecessary' and undue hardship on the applicant? Yes, although this conforming lot was legally created, the pre-cxis~ing easement and the encroachment of the cul-de-sac reduce the buildable area by approximately 10,125 squaze feet. The current owner did not create these encumbrances which severely limit the ability to develop the site with uses that are permitted in the Industrial zoning districL In addition, the property owner (Kraf~ Construction) indicates that they need approximately 10,100 square feet for the proposed warehouse and office building. Since the building envelope has been reduced due to the easement and cul-de-sac a side yard variance is necessary. Therefore, it is staffs opinion that a hardship exists because the application of the development standards has made the lot difficult to develop for all practical purposes. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and x~'elfare? Yes, the petitioner is only seeking the minimum amount to allow the placement of office and storage building on the subject lot and to comply with the r~uirements of the Land Development Code. . 3 I~R 2 4 1998 Will f:rantlng the v.~rhvce re,l,,'~t.:,l c~),rer on the petitioner ar, y ?t',';:'..; p,q~/lege that is d, ,ted by these zoni.g regulations rn e~ber land~, huqding.~, or :tr':~tur~ in the same zoning district? Yes, the granting of the requested var/ance w/Il allow for a reduced side yard setback requ/rement, however, all var/ances effectively do this. It should be noted that the proposed building will comply with all other setback requir~rnents for conforminE lots in the Industrial district. f. Will granting the variance be In harmony with the general Intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Staff is of the opinion that the granting of this variance will not be in keeping with the general intent and purpose of the Land Development Code. However, it is unlikely that any detr/ment to the public welfare would result from its approval since the Industrial district allows for a zero lot line building as long as the requ/red setback is prov/ded on the opposite side (not to exceed 50 feet). Tl'fis setback requirement may also be apportioned in any manner as long as the m/n/mum side yard setback of l0 feet is prov/ded if the structure is not built as a zero lot line structure. As a result, the proposed va,,'/ance w/II not have any adverse impact on the circulation of light and dr between structures and will not be injur/ous to the neighborhood. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, there are physically induced conditions such as the drainage easement along the southern portion of the site which forces the placement of structures to the north end of this site away from development to the south. In addition, the proposed l0 foot setback along with the existing setback on the adjacent properties will not adversely impact the circulation of light and air between structures. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION; That the Collier County Planning Commission (CCPC) recommend approval of being a petition seeking a variance from the minimum side yard requirement feet for property described in the Resolution of Adoption. MAR 2 4 1998 PREPAKI~ BY': R~'rlEWED BY: ~O~:~RT .~. I~RJL'~, ~Cp. MANAGER ~ PLANNING SECTIO~ ~~v w. ~o~, ~c~ P GS~~ p~~ ~C~ ~ CAIRO, ~~S~TOR CO~~ DEV. ~ E~O~~ SVCS. Petition Number V-97-18 Staff Report for February 19, 1998 CCPC meeting. bATE _. DATE' DATE COLLIER COUNTY PLA~G COMMISSION: MICHAEL A. DAVIS, CHAIRMAN V-97-I 8/STAFF REPORT/RV'B/rb (V~IA/~CE FRCLM SETBACK REQUIRED FOR A PART:CULAR ZONTNG PETITION NO. PROJECT PLA~R ~ ~ £TION RECEIVED (ABOVE TO ~3E FILLED IN BY PETITIOI~'S N~ Kraft Con~t~,~ttn'n PETITIONER' S ADDRESS Naplel, Flori4a 34104 2606 South Hors.shn. Dr4v.~ __ TELEPHONE. (941) 643-6000 A~'S ADDI~ESS Robert Dgane : Hole. Montes & A~ssn~i~p-: ?--- 715 Tenth Street South, Naples, Florida 34102 _ T~L~PH~~17 LE~ DES~I~TIO~ QF S~CT PROPERTY: LOT(S) 6 BLO~(S) S~DIVZSION Repla~ 1 SEC~ION 35 TWP. ~9 ~GE 75 (If legal ~escripti0n is lengthy, f.e. metes & bo~d~ description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY EXISTING LAND USE ON SUBJECT PROPERTY ADJACENT ZONING & LAND USE ZONING N P.U. S C-A E P.U. W P.U. ,I, Industrial LAND USE Office Airport Child Care Center Office/Storage FRONT: SIDE:' y~ RE~uI~=..~sTs for s~JECT so' Co~'SR LO?:~ (C~RC~ 20% of Lot Width WATERFRON LOT~ (CIRCLI~ O1~) 15' 1 I~AR 2 4 1998 ¢ Ptovide a det,~iled ewpldn~[[on o£ :he re~'~c~t ~ncludtng what enc~omc~ent proposed tls~ng n~b-~,' ~.e. re.duce ~ront se~ack fz~ 25' to lS'; when property o~er purchmsed property; when exis:~g p~ncipal st~cture was built (include buil~ng pe~t n,~hez if poss~le); why encroac~ent is necessary; how existin~ e~c~oa~nt c~e to be; ~tc. See Attached. Please note that staff and the Collier County Planning Co~mission shall be guided in their recommendation ~o the Board of Zoning Appeals, and that :he Board of Zoning Appeals shall be guided in irs determination to approve or deny a variance petition by the below lasted criteria {1-6). (Please address this criteria using a~ditlonal pages if necessary.) Are there ~pecial conditions and circumstances existing which are peculiar to the location, size a.nd characterls:ics of the land, structure, or building involved. 2 MAR g A 1998 ~e the~e special c~nd£t~ons a~d circ~ta~ces which ~ not result £rom the action of the applicant such ss pre-existing cond~tions r~lat~ve ~o ~h~ Drope=ty which is th, sub, eot of ~:he variance reTte~l:. See Attached. ,, will a literal interpretatic.n of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. See Attached. Will the variance, if granted, be the minimum variance that will make posslble the .~reasonable use of the lend, building or st=ucture and which promote standards of health, safety or welfare. Will granting the variance requested confer on =he ~etitioner any special privilege =ha= is denied by ~hese zoning regulations to other lands, buildings, or s==uctures in the same zoning district. See Attached. 3 MAR 1998 Will granting the vnri~.~.,-.e be in pur1~ose of this ~ning ,~ode, ~d Aoc be injurious, to the n~i~orhood, or oth~is~ detr~ent~l to the p~llc welfare. .See A~ached. Arm there natural conditions or physically induce~ conditions that ameliorate the goals a~d objectives' of the regulation such as natural preserves, lakes, golf course, etc. See At:cachtd. Will granting the variance be consistent wi~h the growth management plan. See Al:cached. ,l 1998 AFFIDAVIT we ~Ia~y Carsello & Fred Pezeshkan · bein~ first duly sworn, d,-.,~$c a~ say'~hatve are ~e owne~of =he property descried herein and -~ ts the s~ject matter of ~m proposed hearing: that all the ~swers :o ~e ~estlons in t~s application, ~d all sketches, ~=a, ~ other suppl~enta~ m~==er a~=a~ed to and ~dt a pa~ of =his a~lica=lon, are hones= and t~e =o ~e best of ~r ~owledge ~d belief. I ~derst~d ems application must ba co~le=ed ~d accurate befgre a hearing c~ be advertised. ~e f~er pe~t ~rc ~ ~e to acc as ~r r~res~ative in any ~ers zega=ding ~s Pe~i~ion. State of Florida County of Collier The foregoing iAgreement Shee~: be fo was ~cknowl_e4ged re me , who is personallY"~o~ =o me or who has prOdu=s~ - as identification ~d who did (did no=) take State of Florida County of Collier PUBLIC Hy Commission Expires: SIGNAtUrE OF AZn~NT Th;~foregoln_g_Agreemen.: Sheet was acknowledged before _, wn? _'-s ona known-~,- -- i~- --~-~t~-~- ~-~v ~'' .... -- ~ ana--m~n~--d - -- ... 5 .gn · ~J__~rY Public}- NOTARY ~U~LIC -- Y Commission E_xplres:' -- 1. 2 4 $ ( WH£~F. AS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a T. and Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, amon~ which is the granting cf variances; and WHERF. AS, the Board of Zoning Appeals, being the duly elected 27 constituted Board of the area hereby affected, has held a public 1! hearing after notice as in said regulations made and provided, and has 19 considered the advisability of a 3.5-foot variance from the required 20 side setback of 13.5 feet to 10 feet on both the east and wes: side 2~ yards as shown on the attached plot ~!an, Exhibit "A", in an '!" zone :2 for the property herelnafter described, and has found as a mat:er of 23 fact that satisfactory provision and arrangement have been made 24 concerning all applicable matters required by said regulations and in :5 accordance with Section 2.7.5 of the Zoning Regulations of said Land 26 Development Code for %he unincorporated area of Collier County; and 27 WH£R£AS, all interested parties have been given opportunity to be 2~ heard by this Board in public meeting assemble~, and the Board having ~ considered all ma:%ers presented; NOW TH£R£FOR£ B£ IT R£$OL¥£D BY TH£ BOARD O~ ZONING APPZA%$ of ~ Collier County, Florida, that: The Petition V-97-1~ filed by Robert L. Duane of ~ole, Montes & ~ Associates, Inc., representing Kraft Construction Company, with respect ~¢ to the property hereinafter described as: Lot 6, East ~:aples Industrial Park, Reply% 1, as recorded in Plat Book 17, Pages 38 & 39, of the Public Records of Collier County, Florida ~9 be and the same hereby is approved for a 3.5-foot variance from the 4o required side setDack of 13.5 feet to 10 feet o~ bot~~ and MAR 2 4 1998 side yards as shown on ,he attached plot plan, Exhibit "A", of the zoning d~trict uhe--{r ~ pr~er~¥ is located, s~b~c~ to rbe ~O1]Cw:~'] c.,, The variance is only the 3.5 foot side yard encroac~e~ as depicted on the attached plot plan. BE ~T RESOLVED that this Resolution relating to Petition Number V-97-18 be recorded in the minutes of this Board. This Resolution adopted afzer motion, second and majority vote. Done this day of · 1998. 12 13 ATTEST: 1~ DWIGKT E. BROCK, Clerk 1! ~ Approved as to Form and Legal Sufficiency: 34 Marpo~% M. Studen% 25 Assis=an~ Coufl=y BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBAP~ B. BERRY, Chairman -2- 1998 C, !11 TFI' ! I I I I I I I I ,I ! !, 111 L7 ~ S. HORSESHOE COURT SCALE: 1" '-' 40' 40 20 SCALE .2' NOT PLATTED &? 4.~ FEET 715 lO~h S)~M S.. #EtM~ ri. 3~41Q2 -- PheN ~ (~41) ~2-di4~7 SITE PLAN -__,,._i7 - ?soS; EXECUTIVE SUMMARY' PETITION CU.e2-16A, COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICE8 DMSION, REPRESENTING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD, REQUESTING AN AMENDMENT TO RESOLU~ON 93-129, BY REMOVING CONDITION "C", WHICH REQUIRES A BIRD SURVEY A8 A CONDITION OF THE OPERATION OF EVERGLADES PRIVATE AIRBOAT TOURS, ON 1,016 ACRES IN SECTIONS 26 AND 27, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLUER COUNTY, FLORIDA. The Collier County Environmental Advisory Board requests the removal of condition 'C' from Resolution No. 93-129, which authorized a conditional use for airboat tours operated by Mitchell D. House and Teresa E. House, d/b/a Everglades Private AJrboat Tours; on property owned by Collier Enterprises. CONSIDERATIONS; Conditional Use g2-16 was authorized by Resolution 93-129, which was approved on March 23, 1993. The Resolution contains the following condition: c. The petitioner shall submit t~ Project Plan Review Environmental Staff for review and approval, a rnonitorir~g program to assess possible Impacts to the natural resources of the area within the conditional use boundaries, specifically impacts to avian species. The monitoring program must Include, at a minimum, avian species utilization data collected bi-annually, once during the wet season and once during the dry season, over a f'rve year period, beginning after private airboat tour operation commencement. If Staff determines that the data indicates negative impacts on avian species populations utilizing the site, the petitJoner sha,'l be provided notice of such impact and given 90 days to provide a plan acceptable to staff and petitioner to correct such impact~. If an agreement is nc4 reached the petitioner shall be requtred to return to the Environmental Adv~ Board (F_AB) or its successor for possible private airboat tour revisions (for example, existing trails, etc.). ' ~.~ MAR 2 1998 airboat tours off avian ('bird) species. On October 7, 1997, the Board of County Commissioners gave direction to staff to Inlttate public hearings for the deletion of condition 'C'. Approval of this petitk~ would a,'low County staff mom time to review current petitions Instead of the wildltfe surveys. Although this would not result In ~ dollar sa~ngs, it would increase staff produc~ and decrease petition review time. GROWTH MANAGEMENT IMPACT: The removal of condition 'C" would have no impact on the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: The removal of condition 'C* would have no impact on County historic or archaeological pLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission. by a vote of 7 to 0, with one abstention, recommended approval of Conditional Use Amendment CU-92-16A. PREP~ BY: FREOR£~CHL. PLANNER II O~-"~--'-- I! SECTION 5' c'{ ,Ci g NING MANAGER ROBERT J. MULHERE. AICP DATE VINCENT A. CAUTERO, AICP DATE COMMUNrFY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 3 P,~d~ 2 4 1998 ~. ~-..~ _ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 23, 1998 PETITION CU-92-16(1 ) (EVERGLADES PRIVATE AIRBOAT TOURS) OWNER/AGENT: AGENT: Mitchell D. & Teresa E. House PO Box 402 Everglades, FL 34139 OWNER: Collier Enterprises 601 East Main Street PO Box 738 Immokalee, FL 34142 REQUESTED ACTION: The Board of County Commissioners has directed staff to initiate tile public heatings to remove condition 'C', requiring bird surveys, from Resolution 93-129. GEOGRAPHIC LOCATION: The subject property is located south of US 41, approximately one mile west of SR 29, in Sections 26 and 27, Township 52 So,~th, Range 29 East, containing 1,016:!' acres. 1998 alTE flAP PURpOSE/DE$CRIPl!,0N OF PROJECT: Conditional Use 92-16 was authorized by Resolution 93-129, which was approved on March 23, 1993. The Resolution contains the following condition: c. The petitioner shall submit to Project Plan Review Environmental Staff for review and approval, a monitoring program to assess possible impacts to the natural resources cf the area within the conditional use boundaries, specifically impacts to avian species. The monitoring program must Include, at a minimum, avian species utilization data collected bi- annually, once during the wet season and once during the dry season, over a five year period, beginning after private airboat tour operation commencement. If Staff determines that the data indicates negative Impacts on avian species populations utilizing the site, the petitioner shall be provided notice of such Impact and given 90 days to provide a plan acceptable to staff and petitioner to correct such impacts. If an agreement is not reached the petitioner shall be required to return to the Environmental Advisory Board (F. AB) or its successor for possible private airboat tour revisions (for example, existing trails, etc.). pa. ,..,x- . I At its meeting of July 2, 1997, [i~e EAB discussed this condition. It was the consensus of the F. AB that this condition does not result in usable data regarding the effect of airt)oat tours on avian (bird) species. The F..AB directed staff to investigate removal of On October 7, 1997, the Board of County Commissioners gave direction to staff to initiate public heatings for the deletion of condition 'C'. ~URROUNDING LAND USE AND ZONING; Subject site: Airboat tour operation and trails; zoned A- ACSC/ST Surrounding: Undeveloped land; zoned A-ACSC/ST HI~i'ORIClARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property contains three archaeological sites [CR555A, CR555B & CR130(GV)] as referenced on the official Collier county Probability Map. However, due to the nature of this petition, an Histodc and Archaeological Survey & Assessment is not required. TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENTAL IMPACT: The deletion of condition 'C" will have no impact on transportation or infrastructure. The request for removal of the condition originated with the Environmental Advisory ~I'AFF Consistency with this Code and the Growth Management Plan. STAFF FINDINGS: The subject site is located within the Area of Critical State Concern as designated on the Future Land Use Map of the Growth Management Plan. The existing zoning is Rural Agricultural with an Area of Critical State Concern and Special Treatment Overiay (A-ACSC/ST). However, there is no requirement for bird surve'./s in the Growth Management Plan. b. Ingress and egress to the property and proposed structures thereon W~t~"/I particular reference to automotive and pedestrian safety and con,lenience, traffic flow and control, and access Incase of fire and catastrophe. I I IAR 9. 4, 1998 I STAFF FINDINGS: It is staff's opinion that the deletion of the bird surveys will not adversely affect vehicular traffic. ¢, The effect the conditional use would have on nelghboring properties In relation to noise, glare, economic or odor effects, STAFF FINDINGS: It is staff's oplnlon that the use as an airboat tour operation is a traditional South Florida business, and although it generates noise and has an effect on area wildlife, the deletion of condition 'C" will have no long term deleterious effects on neighboring properties. d. Compatibility with adjacent properties and other property in the district. STAFF FINDINGS: it is staff's opinion that, with the remaining conditions in the Resolution, the airboat tour operation will be compatible with the surrounding properties. EAB RECOMMENDATION; The Collier County Environmental Advisory Board, at it's July recommended the deletion of condition 'C' from Resolution 93-129. 2, 1997 meeting, STAFF RECOMMENDATION; Staff recommends that the Collier County Planning Commission forward Petition CU-92- 16(1) to the Board of Zoning Appeals with a recommendation of approval. 4 MAR 2 1998 PREPARED BY: CURRENT PLANNING REVIEWED BY: DATE ~AICP, MANAGER DATE CURRENT PLANNING DONALD W. ARNOLD, AICP, DIRECTOR PLAHNING SEi:W'ICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PETITION CU-92-16(1) Staff Report for the March 5, 1998 CCPC meeting. This petition has been tentatively scheduled for the March 24, 1998 BCC meeting. COLUER COUNTY PLANNIN~C,D~MMIS$1ON: CHAIRMAN cu-e2.1 ~(1! $~aff Recx~t A R~So~'z'ION PROVIDING FOR TH~ ESTABLISHHF. NT Of' RECREATIONAL FACILITIES CONDITIONAL USE IN THE A-ACSC/ST ZONING DISTRICT PURSUANT TO $£CTION 2 · 2.2.3 OF THE COLLIER COUNTY LARD DL'V~LOPI~ENT CODE, FOR ALL THE PROPERTY LUCATED SOUTH OF THE U.S. 141 RIGHT-OF-WAY, CONSISTING OF 1,016 ACRES MOR~ OR LESS, IN SECTIONS 26 & 27, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER COUHTY, FLORIDA. 67-1246, L~wi of Florida, end Chapter 125, Florida Statutes, has conferred on Collier County the poven to establish, coordinate and enforce zoning and such business regulations as are necessary for %he prottction of the public: and WHEREAS, the County pursuant thereto has adopted a Land Developnant Code (Ordinance No. 91-102] vhich includes a Comprmhensive Zoning Ordinance establishing regulations for zoning of particular geographic div~stons of the County, among which is tha granting of Conditional Usasl and ~ERr~AS, the Colli~= C~nty Planning Co~ission, b~lng the duly appointed and constituted planning board for ~e area re~lations ~ade and provfdad, and has considered ~he of Conditional Use '23" In an A-ACSC/ST zone for facilities on the prope~y hmrminaf=ar described, and has found a matter of fact (E~ib!t "A"} that satisfacto~ provision and re~ired by said ~egulattonl and In accordanc~ vl~ S~sec~lon 2.T.4.4 Of the ~nd Development Coda for ~e collier county Planning Co~ss~on~ and ba heard by this Board in a public meeting asea=bled and the Board having considered all ~ttsrs presented. NOW, TH£REFOR~ BT IT RESOL:~D, BY THE BOARD OF ZONING APPF. ALS of Collier Cuunty, Florida tha~: EvsrgladII Private A£rboat Tours and collier £n:arp:ises, ownir, vit~ ~espec~ to ~he property. h'araL~aftar described as: ~l t~i propa~Cy"south ~ t~e O.S~ 4~ Se~ons 2S & 2~, Township 52 Sou~h, ~nqa 29 ~ll~er .Counky, Florida. be and the s~e ~s hereb~ appr~ed ~or Cond~ona~ Use '23" oC v~ the Conceptu~ H~tt~ P~an (~xh~b~t 'B") ~n~ sub~ec~ ~o . . cond~ional use. Expansion of ~he uses iden=~fied and approved vi~hin this condit~onal use application, or · aJor changes ~o the sLte plan subm~t2ed as parc of application, shall re.ire ~he a~nit~al of a new conditional use application, and shall comply ~l~h applicable County ordinances In effec~ a~ ~he time of submittal, including Division 3.3, Site Davelopnent Plan Rnview and approval, of ~he Collier County Development Codn (Ordinance No. ~1-10~). · b. ~ls project shall b~ re~ired to meet all County Ordinances in ~ffec= a= the ~lme final const~ct!on docun~nts arn subni~t~d for dnvelopm,nt approval. c. The petitionnr shall s~nl= ~o Project Plan Review Environmental Staff for review and approval, a nonitcrin~ program =o assess possibl~ impacts ~o thn natural resources of the area wl~in thq condi~ional use boundaries,'specifically lnpncts to avian species. The non~or~nq proqra~ nus~ ~nc~ode a~ a m~nl~um, avian species utilization data collected bi-annually, o~ce during the ~et season and once during ~ d~ season, over a five year p,riod, b~qinning after prlva~e tour operation co~encament. If Staff dete~ines tha~ populations u~illzinq ~hm sl~e, pe~tion~r ahall be provided.no, ice of such impact and given ~0 days ~o provide a plan acceptable ~o s~aff and petit~oner to= correct such ~mpacts. If an aqre~men~ ~s no~ reached petitioner shall be red,red to re~urn to the Environmental Adv~so~ Board (EAB) or its successor for possible privat~ airboa~ tour operation revisions (for example, ~x~stinq 2rails, t~c.}. d. At the time of private a~rboak tour opera=ion co~encement, the petiklontr shall ~ns=all and maintain no trespassing s~qnaqe along the enk~re property every ~00~ yards. The en~re property shall be utilized specifically for co~erc~al conse~tioa/ecological tours. There shall ~ no other pe~itted uses associated with this conditional use. -2- 1998 cut~.~J ~r£p ~e~hod ac¢~d~:,~ t~ ~he ~co~oqed 1993. ~ermtts or letters of exemption from the U.S. Army Corps of Znqineers, Florida Depart~l~nt of Environmental Requlatton sad the South Florida Water Hanaqement District shall be presented prior to the Issuance of a final sits development plan approval. Prior to final site development plan approval the applicant shall submit to Pro, eot Plan Revisv £nvironmental Staff for farley and approval a ~etland H£tiqation and Enhancement Plan. This plan shall Include compensatory measures to offset the vetlsnd Impacts on at lese~ an e~ual area basis (Collier County Cro~ch Hanaqement Plan - Conset-~ation and Coastal Elenen~ Pol~c~ 6.2.7). Prior ~o the Issuance o~ a Certifica~e o~ Oc~pafl~ all exotic ve~a~a~lcm as ~e~l~ed ~2 the'Count2 ~nd Developmen~ Code ~hall be removed a~ a minimum o~ (~0) ~co~ bu~fer ~rom ~ha approved [inal ~l~e develcpmen~ plan developmen~ ~octprin~. T~e ~ift~ (S0~ foo~ bu~er · area a~d all developed ar,aa shall be mal~ained free o~ exotic veqe~a~ion (Collier Coumty ~nd Develcpmem~ Code Upo~ issuance o~ ~he Cer~iElca~a o~ Occupancy, the buildinq pe~i~ i~ aubJec~ ~o a forty-five (4~ appeal period My ~he Florida Depar~en~ sE The petitioner shall a~la~ and york wl~h the applicable s~a~e and federal aqemcle~ (i.e., U.S. Fish an~ ~lldli~e Semite, Florida Came and Fresh Wa~er Fish Cc~ls~lcn, e~c.) ~o pre~a~e ba~e line environmental The airMoa~s ~hall onl~ ~a e~lpped wl~h non-aircra~ enqinea lncludinq spar~ arrestors and properl~ muf[led reduce ~he noise as m~ch az possible. AirMoa~a shall Me limited ~o a ~a~lmum lemq~h si eiqhkeen (lS~ ~ee~ amd mo more ~han ~en (10) people aboard, imcludl~q ~he ~river. ~o more tha~ six ~ airMca~a shall be allowed ~o operate a~ this alta, a~ an~ o~e ~ime. One year ~r~m ~he ~a~e o~ the conditional u~a approval (~arch 2~rd, 1~94~, ~he Board of County Commis~ionera will reevaluate this conditional use and If found to be abusive or de~rlmem~al to ~he envircnmen~, and no were taken to correc~ the problem, then ~he BeC has ablll~ ~o eliminate the co~dl~ional uae. IT ~THE~ ~ESOLVE~ ~ha2 ~hla ~eaolu~lon be recorded in of this Board. -3- MAR 2 A 1998 pg. //~ ~eaol~ion an~ mova~ ~o~ i~a a~op~ion, aecomde~ ~ Comm~aalone~ am4 upon ~oll call. ~he vo~e vas: ~Y~,S: C$mmiisionec No~c£s, Commiss£one~Volpe, Conniss~ona~ Constantine, Co~nilsione~ Kacchevs, and Co~issione~ Sa~decs NAYS~ .. AIIL'~T ~ND ~OT 'VOTINg: -4- MAR 2 4, 1998 ,,~. /,,?--.., TX~DL~G OT TACT COLI~ZX COUntY yI.M4XI~G COK~SSIOI( 1. Section 2.2.2.3 ot ~he Land DeVlolment Code auChorXzed the cond~lo~X the public in~eras~ a~ viii not adversel~ agrt~ o~er pr~er~ or ~sel ~n t~e sane d~s~c~ or ne~q~r~ood Yes ~ ~o ,. B. Xn~ess and e~ess to ~3~erty a~ pro~sa~ .s~res thereon vi~ .'lutomot~vl and ptdes~an lafet~ a~ cofl~n~lnct, traffic fl~ and con~ol, Yrs. ~ ~o , C. Xgtects neighboring pco~e~/ts ~n relat~ofl to no~l~, glare, iconol~c ~ ~o af~ec~ or Xgfec~ BLtLqated ~ , D. Coupat/b~l~ty v~th ad~acen~ properties o~er p~opmr~ ~n the d~str~cC= Co~pa~bleyes ~ vl~ln~o d~strlc~ Based on ~e above ~nd~nqs, ~h~s co~onal use should, v~h s~pulat~ons, (copy ~eco~eflded ~or apF~oval FZ14'DING OF FA~T AG N MAR 2 4 1998 J4 i&t.t m(:~,~ 07~ t,~kR 2 4, 1998 -'VISION '"~ .'-ZONING Jl OTHER ~ £XHZBZT NO. !~/~/r,.~ MAR 2 '~ 1998 2 4 9 ~4 ~6 !1 RESOLUTION A RESOLUTION PROVIDING FOR THE ESTA]~LISH~fENT OF A RECREATIONA~ FACILITIES CONDITIONAL USE IN THE A-ACSC/ST ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED SOUTH OF THE U.S. t41 RIGHT-OF-WAY, CONSISTING OF 1,016 ACRES MORE OR LESS, IN SECTIONS 26 & 27, TOWNSHIP 52 SOUTH, RANGE 29 r.~ST, COLLIER COUNTY, FLORIDA AND SUPERCEDING RESOLUTION NUMBER 93-129. WHEREAS, the Legislature of the State of Florida in Chapter 19 67-1246, Laws of Florida, and Chapter 125, Florid· Statutes, has ~ conferred on Collier County the power to establish, coordinate ·nd 21 enforce zoning and such business regulations as are necess·ry for ~ protection of the public; and WHEREAS, the County pursuant thereto has adopted · Land 24 Oevelopmen: Code (Ordinance No. 91-102} which includes · ~ Comprehensive Zoning Ordinance establishing regulations for the ~ zoning of particular geographic divisions of the County, among which 27 is the grantlng of Conditional Uses; and WHEREAS, on March 23, 1993 the Collier County Board of Zoning ~ Appeals approved Petition CU-92-16 which granted Conditional Use ~ approval for the property hereinafter described; and $! WMEP~.AS, the Collier County Environmental Advisory Bo·rd has 32 requested the deletion of Condition 'c' as contained in Resolution 33 Numar 93-129 which requires the Petitioner to submit bird surveys; ~ ·nd 35 WHEREAS, in approving this Resolution, it is the intent of the ~ Collier County Board of Zoning Appeals to delete Condition 'c' and 37 thereby remove the requirement for sub~ssion of bird suL-veys; and WHEREAS, the Collier County Planning Co~m~tssion, being ~ht duly 39 appointed and constituted planning board for ~h~ area hereby 40 affected, has held a public hearing after notice es in laid 41 regulations made and provided, and has considered the ·dvisabllity of AGENOA iTEM 42 Con~itional ~s· 23 of Section 2.2.2.3 in an 'A' RurlM.~tu=at 2 1998 I 'z' ,., P~. //~ .... ! zone foe a spo:~n~ .~nd re¢.reational ~amp i,*.'~ .ltng sJrboat t:urs, 3 fact (Exhibit "A") chat satisfactory provision and ar~'angement 4 been made concerning all applicable matters required by said ~ regulations and in accordance with Subsection 2.7.4.4 of the Land 6 Development Code for the Collimr County Planning C ~om~_!ssion; and 7 WHEREAS, all interested parties have been given opporcunity to ~ bm heard by this Board in a public meeting assembled and the Board 9 having ¢onsidere~ all ma%rets presented. 10 NOW, T~EREFOR£ BE IT RESOLVED, BY TME BOARD OF ZONING APPEALS of !! Collier County, Florida %hat: 12 The petition filed by Mitchell D. and Teresa E. ~ouse, d/b/a 13 Everglades Private Airboat Tours and Collier Enterprises, owner, 14 with respect ~9 the property hereinafter described as: 16 All the property south of the U.S. 41 right-of-way, 17 consisting of 1,016 acres, m~re or less, and located in Sections 26 & 27, Township 52 South, Range 29 East, 19 Collier County, Florida. 20 be and the same is hereby approved for Conditional Use '23" of the A- 21 22 2~ 29 32 33 34 3~ 39 4~ 41 42 43 4~ 49 ACSC/ST zoning district for recreational facilities in accordance with the Conceptual Master Plan (Exhibit "B") and subject to ~he following conditions: a. The Planning Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and im~rovements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or ma)or changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with applicable County ordinances in effect at the time of submittal, including Oivision 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). This pro,act shill b~ required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. At the time of private airboat tour operation co~encement, the petitioner shall install and main=sin no trespassing signag¢ along the entire property line every 3COl yards. The entire property sha~l be utilized specifically for commercial conservation/ecological tours. There shall be no other permitted uses associated with this conditional use. MAR 2 4 19981 t 1 round t:' , method according trails i=entifi,d on the aerial sub,ai%teo ~n Februa=y 10, 1993. ~ e. Permits or letters of exemption from the U.S. AzTay Corps 7 of ~ngineers, Florida Department of Environmental $ Re~ulation and the South Florida Wa:er Management 9 District shall be presented prior to the issuance of a ~0 final site development plan approval. ~2 f. Prior to final site development plan approval the 13 applicant shall submit to ProJec: Plan Review Environmental 14 Staff for review and approval a Wetland Ml~igation and 15 Enhancement Plan. This plan shall include compensatory 16 measures to offset the wetland impacts on at least an 17 equal area basis {Collier County Growth Managemen: Plan - I! Conservation and Coastal Management £1emen% Policy 6.2.7}. 19 ~ g. Prior to the issuance of a Certificate of Occupancy all 21 exo:ic vegetation as defined by the County Land Development ~ Code shall be removed at a minimum of fifty (50) fao: ~ buffer from =he approved final site development plan 24 developmen: footprint. The fifty (50) foot buffer area ~ and all developed areas shall be maintained free of exotic ~ vegetation {Collier County Land Pevelopment Code Section ~ 2.2.24.7.4.18). 29 h. Upon issuance of the Certificate of Occupancy, the ~ building permi% is subJec% to a forty-five (45) day 31 appeal period by the Florida Department of Community ~2 Affairs. ~ i. The Petitlcner shall assist and work with the applicable 33 state and federal agencies (i.e., U.S. Fish and Wildlife 26 Servlce, Florida Game and Fresh Water Fish Commission, 37 (etc.) to prepare base line environmental s:udies. ~9 ~. The airboats shall only be equipped wi:h non-aircraft ~0 engines including spark arrestors and properly muffled 41 reUuce the noise as much as possible. ~ k. Air,oats shall be limited to a m~ximum length of eighteen ~ (18) feet and no more than ten (10) people aboard, ~ including the driver. 47 1. No more than six (6) airboats shall be allowed to operate 41 at thi~ sire, at any one time. 49 ~0 m. One year from the date of the conditional use approval $! (March 23'~, 1994}, the board of County Commissioners ~2 will reevaluate this conditional use and if found to be 5~ abusive or detrimental to the environmen:, and no steps ~ were taken to correct the problem, %hen the BCC has the $$ ability to eliminate the conditional use. ~ BE IT FURT~£R RESOLVED that this Resolutlon relating to Petition ~ Number CU-92-16 be recorded in %he minu%(s aZ chis Commission and be filed with the County Clerk's Office. 60 Resolution Nu~Ooer 93-129 adopted on MarCh 23, ~993 is her,by ~! reecinded, repealed and superseded in its entir, ry. "0'"""~"'"- · ' MAR g 4 1998 I 2 $ 7 $ 10 II 12 13 14 ATTEST: [:MIGHT £. BROCK, Clerk 18 19 21 Approved as Co Form and Leqal Sufficiency: Haf3drie N. Student Assistant County Attorney :,tion adopted a(tec motio.',, ;econd end ma~o{~y ',otc. cla~ ~ t998 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Chairman -4- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-92-16A The following facts are found: Section 2.2.2.3 of the Land Development Code authorized t. he conditional use. Granting the conditional use will not adversely affect the public interest and will no= adversely affect other proper~¥ or uses in the same distric= or neighborhood because of: A. Consistency with the Land Management Plan: / Yes No Development Code and Growth B. Ingress and egress to property and proposed str~ures thereon with particular reference to automotive and pedestrian safety and convenience, ~raffic flow and control, and access in case 9f fire or catastrophe: Adequate ingres~ egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, eCo~Domic or odor effects: ~' No affect or Affect mitigated by Affect: cannot be mitigated Compatibility with adjacent properties and other proper~¥ in the district: Compatible use wi~hi.D..dis=ri¢= Yes ~" No Based on the above findings, stipulations, (copy attached) approval . this conditional use should, with (should not) be recommended~ MAR 2 4:1998 . . I d - I - · [zh ~.b Lc "l# MAR 2 4 1998 AUTHO~ STAFF TO SUBMIT A GRANT PROPOSAL TO THE U.S. FISH AND WILDLIFE SERVICE FOR, FUNDING SEA TURTLE PUBLIC AWARENESS ACTIVITIES To ~ th~ Bo~ of ('x~mis~ ~t~rize tl~ Nsturzl Resources DeparUn~ to submit · progotsl to r~eive sr~nt fhndi~ fi'om the South FIorkh Cosstsl Ecosystem Pros;ram ~ by the U.S. lruh md Wildlife Service to create ~ number of informational materials designed to reduce sea turtle ~ disorientations ~om ~ beac~o~t lii?J~S CONSlDE _RATION: Argf~al li~htin~ along the ooast intederes with the normal nesting behavior of sea turtles and ~mes httclg~ orientation pi'obkms. In 1997, 41 nests (9%) were disoriented due to lighting proMems on the beach. Many of these problems originate from hiih rise beac. hfront propertie~. Public teareness oflighfin~ probknas to residents and visitors of Collier County will help to ellmina~ unnecessary hatchlin~ disorientations. The U.S. Fish and Wildlife ~ administers grant funding to local governments, through the South lqorida Eco~stem Program, to increase public awareness ofiuue~ that affect Sot,Rh Florida's coastal ecosystem. Staffhave developed the attached grant proposal to respond to t~e beach lighting p~oblen~ during tea turtle nesting season. A variety ofpublic in~ont~iona] produas will be dr.,eloped and distn'buted to beacltfi'ont prope't~ and vi~ors. Anticipated products include: · Creation ora 60-second public information announcement to be aired on the "'vqs~tor TV" eve~ two hom~ for six mont~ (April · Creation of a 90- seco~ public service announcement to be ~red on the County Governmer4 Access Cha=~ four times a day for s~c mont~; · Creation ora slide show and annual presentation to ~ont hotels and condominium · Creation at.d distn~ of a poster to hotels and condominkm~; · Creation ~ dism'bu6on ofird'o~onal brochures to residents and visitors; · Creation and updating of a sea turtle website. Sta~'anticipates tha~ a formal agreement between ~he BCC and USFWS will be needed before the project can proce-~. Once an agreement is finalized, staff will return to the BCC for formal acceptance ofthe grant award. The deadline for the grant proposal to USI:WS is March 31, 1998. I~R 2 & 1998 The cost for the total project i~ $24,.120. Collier Count) ::, cequesting $6,540 in USF~A'S pr,~ram funds. Contn'butiora from partners and County in-kind r~rvices will provide $17,880, or 73% of' th~ total gram r, quest. Vi~itor~ TV has offered $7,080 of air time. County in-kind servicea b~.tude i~nonnel costs of S$,600 and Channel 54 ~ir time estimated to be worth S$,200. Th~ proposal has been prepared $o that no additional County resources are needed. Stafftime will come fi.om ~xisting ~dgeted personnel in Franchise Administration and Natural Resources. USFWS fund~ will pay for the costs of reproducing informational materials and for the design of the VTV video design and its air time. GROWTH MANAGEMENT IMPACT: If approved, the grant money will support Objective 7.3 of the Conservation and Coastal l~nnagement Element which requires the County to continue to implement programs that conserve and protec~ endangered and threatened wildlife species. RECOMMENDATIQ~N: That th~ BCC authorize the NRD to ~ubmit the attached grant proposal for funding public awareness activities designed to reduce sea turtle hatchling disorientations. Maura C. Kraus, Sen"lrn, tF, mvironmental Specialist ' ,~i~iam D. Lorenz, ,IT., P.E., l~atural ResoUrces Director Date: ~ '/O o ~ BY' APPROVED BY: ~n l~erritt, Franchise Adm. Manager Vincent A. Cautero, A~CP, Administrator Community Development & Environmental Services $'-/o- ?F MAR 2 4 1998 SOUTH FLORIDA COASTAL ECOSYSTEM PROGRAM PROJECT PROPOSAL U.S. Fish and Wildlife Service South Florida Field Office P.O. Box 2676 Vero Beach, FL 32961-2676 Pm, lect Tit]a: Sea Turtle Public Awareness Proposal Contact Information: Maura C. Kraus Collier County Natural Resources Department 3301 East Tamiami Trail Naples, FL 34112 Phone: (941) 732-2505 Fax: (941) 774-9222 E-mail nfn05165(~naples.net Project Location: Collier County, FL T48 R 25 8 6,7,17,20,29,32 T49 R 25 S 9,16,21,28.33 T 50 R 25 S 4,9,16,21,28,34 T52 R 26 S 7, 8,17,18,20,29 See Figure 1 MAR 2 4 1998 P~'oject Description Artificial lighting on nesting bea¢,-~os, dis[ant sou,,.~,s of illuminati¢., i ('city gl~. ,.') and other sources of light pollution can interfere with the normal nesting behavior of sea turtles and cause hatchling orientation problems. This light pollution has been proven to discourage sea turtles from emerging out of the water to nest. The negative effects of light pollution may be one of the factors contributing to the decreased number of emergences on more developed, and consequentially brighter, beaches of Marco Island (21 emergences per mile (E/mi.)) and the City of Naples (17 E/mi.) when compared with less developed beaches like Barefoot (68 E/mi.) or Vanderbilt(74 E/mi.), Collier County, Florida. Although Collier County actively enforces *Sea Turtle Protection Regulations' (Collier County Land Development Code Sec. 3.10), disorientations of sea turtle nests continue to occur. Increased public awareness to the residents and visitors along the coastline may assist in preventing these disorientations. lgg2* lg$$* 1594' 1~$s 1~$s 1~7 Total Nests 141 153 506 507 568 476 Total Disorientations 3 0 23 9 42 41 Percentage Of Total Nests 2% 0% 5% 2% 7% 9% Disoriented City of Naples Dala Not Available A public awareness program has been designed to larger beachfront properties to alert residents, visitors, and facility managers of potential lighting problems. Public Service Announcements (PSA's) will be created to air on Visitors Television (VTV) and the government access channel (Channel 54). V'TV will target hotels whereas Channel 54 will reach all of the County. Posters, brochures and slide shows will complement these PSA's. Additionally, Collier County will develop and maintain a Website to inform the public of nesting statistics and the need to control beachfront lighting. The Natural Resources Department will utilize local volunteers from the P.O.L.O Club to aid in giving presentations and distribute informational materials. Volunteers will be supplied with a prepared slide presentation on beach lighting problems and solutions. Presentations will be scheduled from April through September to many of the 119 beach front establishments in Co~ier County. A~ N MAR 2 4 1998 Total Project Cost/Budget The cost for the total project is $24,420 (Table 1). Collier County is requesting $6,540 in USFVVS program funds. Contributions from partners and County in-kind services will provide $17,880, or 73% of the total grant request. Objectives and Statement of Products The objective of this program is to reduce the number of hatchling disorientations caused by improper lighting conditions from beachfront properties. A variety of public informational products will be developed and distributed to beachfront properties and visitors. Anticipated products include: · Creation of a 60-second public information announcement to be aired on the 'Visitor TV' every two hours for six months (April 15 - October 15); · Creation of a 90- second public service announcement to be aired on the County Government Access Channel four times a day for six months; · Creation of a slide show and annual presentation to beachfront hotels and condominium associations · Creation and distribution of a poster to hotels and condominiums; · Creation and distribution of informational brochures to residents and visitors; · Creation and updating of a sea turtle website. Project Time Frame The proposed Project Time Frame (Table 1 ) assumes that a contract for the grant award can be completed and approved by the County and USFWS by August 1998. Air time and the distribution of materials are therefore projected to occur for the 1999 turtle nesting season. Contributing Partners partner Visitor TV The P.O.L.O Club City of Naples The Conservancy Responsibi!ity Airing of Video Slide Presentations Technical Support Brochure Distribution Commitment $7,080 of donated air time 60 hours of volunteer time General assistance Daily Beach Monitoring Actions to Date The NRD staff provides impodant public education while working on the beach. Many curious beach goers approach staff to ask questions. Throughout the 1997 season, NRD staff responded to the questions of 3,440 people during morning surveys on Barefoot, Parkshore, Vanderbilt, and Marco Island beaches. Public awareness is also accomplished through public presentations and displays. Upon request, NRD staff conducts sea turtle talks, slide shows, and displays for local organizations and schools. The NRD staff has also developed a sea turtle brochure to correspond Io each of the five beaches. The brochure includes local beach 'olved'with' numbers compared to the rest of the County and ways the public can get in' MAR 2 1998 .. _ b,rtle protecUcF~, l'J~, broc., .,., ¢-'~ -irt. ,listrib, ?~..' ;.hen stopped/'o,' q~.~e~:J,)ns during morning surveys and at preset A second brochure, 'SEA TURTLES NEED YOUR HELP", focusing on the problems of beach lights was created and distributed to summer beach residents prior to the onset of the 1997 nesting season. A total of 2,404 brochures were distributed to establishments on Vanderbilt, Parkshore and Marco beaches. In addition to the brochures, 1,283 gold stickers were requested from establishments on Parkshore, Vanderbilt, and Marco Island beaches. The stickers were created to adhere to light switches as a reminder to turn beach facing lights out during season. Figure 1. Map of Project Area CO LI,I E R COUNTY MONITORED BEACI[ES 1907 MAR 2 4 1998 Table 1. Propo.ed Proj~cl B,,dget ~m~y mn~ ~na'lm~ ~x~ ~ $ 5,~00 Total $ 5,600 TV Ak Time $15,820 ToMI $18,820 $ 24,420 ~ Program Fund~ C~unty Matc~o~~s 6,540 27% 17,&B0 73% Table 2. Projected Schedule mhd Required Resources lg~l~ 1~9 Houri Pfo4uct. T_--~ J A S O N D J F M A M J J A S Staff VoL ~st(S) Or~~ ~ - - ~n i , ~0,~0 ~rlng .... J~ L[ .'- C~ N Vld~ 4o - ~rlng ~ - 5,~ ~n ~ 16 - - ~r~u~ - ~n ~ 1. - - ~n ~ 40 - - ~- ~ - - 1.1~ ~~ - . . W~ ~ I 40 - - 160 6O ATTACHMENT A Personnel Qualifications gAR 2 4 1998 MAURA CURgAN Senior Environmental Specialist Education: Gr~uate Program (M. Sc.), Nova Institute of Oceano~, M.S. degree in Coastal Zone B.A., U~ ofl~.mnfi, Coral C. rables, Florida, 1977-1981. Concentration in Marine Affalrg Geogr~hy and Anthropology. Mly 1992-~. S~nior Enviromnental Specialist, Collier County Namr~l Resources Dept. R~,pon~'ble for d~eloptr~t and ~ministration of the Collier County Sea Turtle Protection Plan along 20 miles of beach. Program includes sea turtle monitoring, be~ch lighting compliu~.~., stranding ~d salvage and public awareaess progzzms. CoordinaIe other responsibilities related to County beach renourishment and maintenance. Nov. i988-May 1992. Environmental Specialist II, Collier County Natural Resources Department. Responsible for the preparation of environmental protection plans and ordinances as mandated by the Growth Management Plan (GMP). Respons~ilities include technical research, plan development, ~ presentations at public workshops and hearings. Assisted in the creation ofthe Conservation & Coastal Element of the GMP. Responded to all sea turtle related problems, assisted in the environmental aspects of beach renourishment and tidal pass dredging, assisted in ordinance revisions and field work associated with mangrove mitigation study. Nov. 1987 - Nov. 1988. Pollution Comroi Technician, Collier County Pollution Control Department. Inspected sewage treatmem plants, performed ground water and surface water monitoring, conducted hazardous waste investigations, and investigated pollution complaints. Oct. 1986 - Sept. 1987. Coastal Zone Management Associate, Collier County Natural Resources Management Depmnznt. Assisted in scientific resem'ch and field work pertaining to coastal and land develolm~'nt. Assisted in esmafine studies of~ea grass beds in order to assess biological communities as an indicator ofheahh of Colller County estuaries and fisheries. Responsible for all aspects of artificial reef project which included obtaining state and federal permits and grants. Oct. 1986 - Oct. 1988. Director, Haldeman Creek Sea Turtle Research. Trained and ~upervised personnel to operate a head start sea turtle program which included E~'tem maintenance, feeding ~ nutrition techniques, conducting weekly growth me analysis, disease comrol ami water quality analysis. 1998 Maura Curran Kraus Page 2 Oct. 1984 - Sept. 1986. Coastal Zone Management Specialist, Collier County Natural Resources Management Department. Assist in conducting physiographic, vegetational and hydrographic surveys of the undeveloped portions of the Collier County coastal zone. Tasks included identifying and mapping major ecological zones, identifying major property owners and describing land use activities. Areas subject to erosion, biological, and physical hazards were surveyed and recorded. Aug. 1984 - July 1986. Sea Turtle Research Coordinator, The Conservancy, Inc. Developed a feasibility study for the pen-rearing ("headstart") ofloggerhead and green sea turtles in a closed system. Research consisted of monitoring growth rates, nutrition technique formulation, disease and water quality. Trained and supervised personnel to assist with all aspects of project. Coordinated Keewaydin Island Sea Turtle Protection Program. Duties included inventory of project resources, budget analysis, and staff coordination. May 1984 - Sept. 1984. Project Coordinator for the Keewaydin Island Sea Turtle Protection Program, The Conservancy, Inc. Duties included job description formulation, advertising, interviewing, hiring, training, and managing 2 research assistants. Obtained a Army Corps of Engineer grant to monitor an additional 3 miles of Keewaydin Island. May 1982 - Sept. 1984. Coastal Zone Management Intern/Technician, Collier County Environmental Section. Assisted in conducting a coastal barrier resource inventory and compiling a research data base, including a comprehensive study of tidal pass dynamics, littoral drift, sand budget losses and other subjects pertinent to beach management. Obtained funding for a dune restoration program. Researched and assisted in the preparation ora Natural Resources Element for the Collier County Comprehensive Plan. Sept 1983 - Aug. 1984. Environmental Technician, Collier County Reefand Marine Development Program (Solid Waste Dept.). Responsible for the biological, socioeconomic, funding and permitting aspects of the Artificial Reef Program. Assessed and selected new reef'sites and drafted all permits needed for the program. Summer 1982 - 1983. Research Assistant, Collier County Conservancy, Inc., Cazetta Research Sea Turtle Project. Research included beach monitoring, tagging, nest/crawl · surveys and nest protection by relocating nests to a beach hatchery. Oct. 1980- May 1981. Biological Assistant, University of Miami Ornithology Department. Assisted in surveys and computer applications to the study ofmocidng birds. Certification: FDEP Marine Turtle Permit Holdcr #049 since 1984, SCUBA Professional Affiliations: American Shore and Beach Presentation Association, S.W. Florida Archaeological Society. Audubon Society and National Wildlife Federation. MAR 2 4~ 1998 WII,LIAM D. LORENZ, JR, P.E. Natural Resources Director Education: M.S. Stnita~/Engineering, Virginia Polytechnic Institute and State University, 1978 B.S. Civil Engineering Technology (Environmental), V'~'ginia Polytechnic Institute ami State Unlve~ity, 1977 Experience: 1995-Presem. Natural Resources Director, Collier County. ~ges the administrative tad technical ~unctions of the Natural Resources Department. Programs include the ~rtifi~ial reefprograng sea turtle monitoring, habitat and wildlife protection, environmental assessments and natural areas restoration plans, removal ofinvasive exotic plants. 1989-1995. Environmental Services Administrator. Collier County. Administered the a~ivities ofthe departments of'Natural Resources, Pollution Control, Solid Waste and Stormwater Management. Key accomplishments included the implememation of coastal zone management and wellfield protection regulations, land management plans for sensitive areas, development of a recycling program, privatization of landfill operations, landfill site selection, and ~ormwater master planning. 1985-1989. Pollution Control Director. Collier County. Established the Collier County Pollution Control Department and implemented a variety of programs designed to protect and monitor the quality of the County's water resources. 1978-1985. Water Control Engineer. Virginia Stale Water Control Board. Performed a variety oftechnical tasks supporting wastewater and water supply planning, water quality assessmems, and pollution complaint investigations. Certification: Lic, ens~ Professional Engineer-State of Florida Professional Affiliations Ame~can Society of Civil Engineers National Society of Proi'~.:,~io~ Engineers Water Environment Federation 1998 - Educntlon: Ezperlence: Office of Franchise AdminCstratlon Manager M.S. Public ~~.ion Butler University B.S.F. z2~ish, Speech & The.~er--Inditna Univcrflty (An ~ddi6on~ 60 hour~ tow~'d Ed. D.)--lndi~.~ & Purdue Univcr~iti~ Present: Manager, or, ce ofFr~chh~ Ad~n~u-arion, Coll~er County. Duti~ tncl~e: Negotiating tad fr-~nc~sing oft~'~ Ca~Ic Companies. Coord~na~g and t'~co~ding policy concerrLing all County d~l~ng w~th Telecommun~c~on Companies. ~n charge of Chann~154, the County'~ Government Access Television ~t~on. tn charge of oMtir~ng f~nding for, and aupcrvi~ion ofMedia Enh~nceme~is for the Collim' Count), Commiuionerl' BoL,'d Room. Former Employment: On chronological order) Deputy, Secretary of State's Office, State of Illinois Adm~ste~l five large DMsiorts w~th a staffof600 persons. ' Chief, Bureau of Long Term Care, State of llU~oh Administraxor for Insp~tion of Care for 800 Illinois nursing homcs. Budget--ag00 Million Dolla.,-s annually. Commirzloner-Department of Human Servlce~ State of Indiana Administered r,c-vcn major Divisions with 1200 l:~*r3~n staff--Budget of 1360 Million Dollars arxnutlly. A~socjate SuperLntendent of PubLic lnstrnction, State of lndlsma AcLmLr~s~ercd Teacher Certification, Vocagonal Education, State Public ReL~ons crater, State a~ Federal Education LobbyL~t Teacher--~orth Central High School, Indianapolis, Indiana Chief Copywriter--Bobbs.-Merrtll PubltshLng Company Hoste~, Produeer--WFBM-TV--Romper Room Television Show Indianapolis, Indiana Related Professional A~lvltie~: Government: Vice-prcsidcnt~Rk,~ud Luisr's Tt~ For~ O~ Women, L~dianapolis Chairman--Metropolitan O~ic~ for Wou~m's Programs, tndi~oolls Member-==Def~ Advisory Corarn~tloo-Woa~n tn t~ (appointed by U. S. Secrcury of I:krn~e) Secrexs~' National Associ~on of'Stnte Economic Opportxmity Officers Mcmb~lnditna Council c ~ Ph~ic~l Fi~ ~d Spott~ Medlch~ Member,--Indians Heath Fa~'liti~ Coun~ Mcmbcr--l~Tatlonal Commlttcc to R~'~?. lob Trxining Partncrsl~p Board ofDirectors-- rn, tuoral Conu uttee enTr- Stre, ty R 'l 4= 1 98 Member ,tlonsZ Anocl.on of Tdecotu.m tiom ~dncJdou: Pr~id~t. W"~,',hLn~ou T,~vnuh,{~ C{, ~,c ' C,~.'Scr~ ^uociat;ou Mcmb~ o f Le$isl,uive Comml.ce--~, St, ie T~chor~ A~oc{alioa Mem{:)eT Couriitut{onal Conv~6oo--NUJoual Educa~on A~oc{atiou lv{emt~r Boa.rd ofTru~ees-=-Willi-,,, Woo~ CoI~{~,m Mc:mt)er Phi B~alional Eouomry f~t Music iud Sj:,cech AWll-C~ MAR 2 4 1998 Dou~L~ G. Suitor Environmental Speciaibt I lhd~or Of Science, Zoology - Univershy Of South Florida, Tampa, Florida 1992 Training Sernin~ - Mangrove Ecology, Shorebird Identification, Plant Identification, Sea Turtle Cor~rvMioa and Biology, and Inshore Fisheries Management. Iq'oftniona] Experience gept~b~, 1992 to Present - Environmental Specialist 1, Collier County Natural Resource~ Department. Collected data and prepared reports for the county manatee and sea turtle protection pl~. Assisted with h~it~t and wildlife monitoring for county development and mitigation projects. Fdmm'y, 1990 to July, 1992 - Labor~tory Technician, Universlty Of South Florida, Department Of Medical Microbiology And Immunology. Prepared media, assisted with experiments, entered and checked da~ and maims;ned laboratory supplies. April, 1992 to August, 1992 - Undergraduate Research, University Of South Florida, Department Of Biology. Assisted with the identification and analysis ofaquatic insect and crustacean samples. Assisted with the designed and production of cages used quantify depredation on aquatic insects by predator ~e classes. May, 1988 to December, I989 - Laboratory Technician, Institute Of Food And Agricultural Scienc,~. Collected and analyzed ~amples of insects associated with citrus blossoms. Skilh Computer Skills - Dbase m. WordPerfect, PSI-Plot, Lotus, DOS 6.2, Windows 95 & 3. l, Microsoft Office & Works, Adobe Photoshop and Pagemili, lmernet & WWW. Ctflifled Diver - NASDS Advanced Open Water Ur~led States Coast Guard Auxiliary Boating Skills And Seamanship Certification Professional Affiliations Florida Association Of Environmemal Professionals Florida Audubon Society I~R 2 4 1998 ,IULIA KlM MAII£URON Environmental Specialist I Education: B.S. Biology, Florida State University, 1995 Expe~nce:. 199.$-Prem,a. Enviroranemal Specialist I. Collier County, Florida. Sea turtle nesting mrveyL Sea turtle ~randing, ~v~ge ~xt necrop~. Data collection, entry, interpretation, and report writing. Beach lighting compliance. Public presentations. Production ofeduc~onal materiah. Graphic art for division newsletter taxi departmental brochurea. 199:5. Volunteer instructor. Florida State University "Saturday at the Sea". Taught hands on biology in ma~h, beach, and reef'habitats to elementary children. Collected 1995. Data Analysis/l:'idd Assistant. Dr. Walter Tschinkel, Florida State Univer~ty. Lab and field data col~ection, interpretation and entry. 1995. Directed individual study. Dr. Don Levitan, Florida State University. Designed, implemented and reported on a study on "The role of diet on the plastic response of ,4rbacia punctulata and Lytechinus variegatus." 1994. Directed individual study. Dr. Walter Tschinkel, Florida State Univenity. Designed, implemented and reported on a study on the "Rate oftrophall~da in Carpenter ants." Skills: Working knowledge of IBM computer format. Experienced in Microsoft ~flware: Access, Word, Publisher, Excel. Working experience with Adobe Illustrator and graphic art. Certified PADI open water SCUBA diver. Professional Aff'diatlons: National Audubon Society IRAR 2 1998 AUTnORZZ~ ST, O'~ TO SunMrt A O~ ~'ROtOSAt. TO Tn'E U.S. FL~n AND W"II.D~ SERVICE FOR FUNDING EXOTICS REMOVAL IN ~ LELY-BAREFOOT CONSERVATION FASEMENT To have the Board of Conm'.issioners authorize the Natural Resources Department to submit · proposal to receive grant fimding fi.om the South Florida Coastal Ecosystem Program administered by the U.S. lqsh and W'ddlife Service to provide for the removal ofinvnsive exoti~ ~ in the Lely-Barefoot Beach Conser~tion ~.sement. CONSIDERATIONi The ~pproval oftbe Lely-Bar~oot PUD granted Collier County a conservation easemem for various tracts ofbod east of the developmc'~nt within Litlle Hickory Bay. Collier ~ is responsible for exotics control within this easement. Australian pine and brazilian ix'pper have iavaded the edge ofthe conservation area and should be removed. The U.S. Fish and W'ddlife Service administers grant funding to local governments, through the Somh Florida Ecosystem Program, to increase public awareness o£issues fi'tat affect South Florida's coastal ecosystem. Staff'have developed the attached Brant proposal to respond to the exotics problem in this area. The primary emphasis ofthe ~ proposal is to receive funding to remove these invasive exotics..Smothe~ objective ofthe proposal is to work with the property ownen of Lely-Bar~oot Beach PUD to have them maintain their property fi.ce fi.ora exotics. The proposal, tber~ore, provides for staffto presem several workshops to the property owner associations. Anticipated work products include: Initial removal exl 3 re-treatments of Australian pine and Brazilian pepper from Area A. Initial treatment and 2 re-treatn',ems of.Australian pine and Brazilian Pepper from Area B. Development of a local slide ~ and presentation to S local homeowner groups. Printin8 and dism'bution of the Collier County invasive exotic plato brochure. · Creation oran invasive exotic plant website. Staffanticipat~s that a formal agreement ~ the BCC and USFWS w:,ll b~ need__ed before the project can proceed. Once an agreement is finalized, staff'will return to the BCC for formal acceptance of the grant award. The deadline ~o USFWS for the grant proposal is March 31, 1998. MAR 2 4 1998 FISCAl, IM PACT: 'fhe cost of the total project is $15,030. Collier County is requesting $4,200 in USFWS prolP'tm ~unds. County in-kind services will provide :$10,830 or 63% of the total grant request. County in-kind services include $10,0~0 in sc~'~ and :$750 for use of the NED's bott. USFWS thnds will be used for contractual services and herbicide costs of exotics removal and for printing costs to provide additional copies of NRD's exotics brochure. GROV~i'H MANAGI~MENT IMPACT: Iftpproved, the IFant money will support (Yojective 6.7 oft.he Conservation and Coastal l~ Element which requires the County to protect and conserve ecological communities adjacent to Stste la,Ms. tF, COMtStZNt)AT 0N: That tb~ BCC ~ the NR]:) to submit the attached grant proposal for funding acgviti~ to remove exotic vegetation from the Lely-Barefoot Beach conservttion eas~n~t. SUBMITTED BY: APPROVED BY: Dste: ~ Natural Resources Director Vincem A. Cautero, AICP, Administrator Community Development & Environmemal S~rvices · 2 4, 998 SOUTH FLORIDA COASTAL ECOSYSTEM PROGRAM PROJECT PROPOSAL U.S. Fish and Wildlife Service South Florida Field Office P.O. Box 2676 Vero Beach, FL 32961-2676 Project Title: Exotics Removal in the Lely-Barefoot Conservation Easement Contact Information: William D. Lorenz Jr., P.E. Collier County Natural Resources Department 3301 East Tamiami Trail Naples. FL 34112 Phone: (941) 732-2505 Fax: (941) 774-9222 E-mall nfn05165(~naples.net Project Location: Collier County, FL T 48 R 25 S 6,7,17,20 See Figure 1 MAR 2 4:1998 USFWS ~ l..cb'-I~:roo( ExoOcs P. cmoval P, oject DelcHption ~r~ 2 ~arefoot Beach is the no, thernm~st ~astal barrier un,t in Collier County a,,d ~nsi~ts ~ 16,~ feet ~ s~reline from its no,hem bounda~ at ~e Collier Coun~ County li~ to i~ ~m ~unda~ at ~ggins Pass (Figure 1). Lely Baref~t Bea~ ~elopment is I~t~ dire~ly in the nodhem ~ion of the ~astal ba~er ~it. ~llier Counts Baref~t Bea~ PaA is lo, ted ~h ~ this private deveiop~nt Bar~t Bea~ State Presage makes up the so,hem ~ion of this ~astal unit ~n ~ Cou~ Pa~ and ~ggins Pass. ~ pea ~ ~e Lely Baref~t PUD, Collier County re~ived a ~nse~ation ease~nt ~nsisting ~ ~3 a~es ~ ba~ bay mangrove habitat. Australian pine and Br~ilian ~p~r have n~ ~me established in12+ a~es along the o~er ~undaries of ~is area and should ~ removed as s~n as ~sible. ~ese invasive exotic plants are also establishing themselves in the private development as well. Collier County re~gnizes the need to develop a ~ordinated effo~ lo remove the exoti~ from public and private land and to inform the public of the need to keep this ~astal ba~ier unit exotic free. A~rdingly. this pro~sal o~lines both a Io~1 public ~reness initiative and an exoti~ ~ntrol pr~ram for the Lely Baref~t Bea~ ~astal baffler unit. Collier County proposes to use a contracted service to remove Australian pine and Brazilian pepper using cut-stump herbicide treatment in Area A. Staff and volunteers will then retreat this area every 3 months for re-sprouts. Within Area B, County staff and volunteers will treat in place the Australian pines and Brazilian pepper using frill and girdle treatments and/or basal bark treatment, whichever is most applicable. Re- treatments for this area are planned every 4 months. The public awareness program consists of a series of workshops with each of the 8 homeowner/condominium associations in the private development. County staff will develop a slide show specific to this area for the workshops. The proposal also requests funds to print more copies of the County's existing exotics brochure and to create an 'lnvasive Exotics" web page. Exotic removal and re-treatments are scheduled to begin in the fall of 1998. Local wor~hops are scheduled in the winter season beginning in early 1999 when most of the seasonal residents have returned. The Friends of Barefoot Beach is a volunteer group who have been very effective in implementing exotic removal and revegetation projects with the park preserve and in providing public awareness activities. Discussion with a representative from the 'Friends' indicates that the t~rc, up will very likely endorse the current proposal and provide volunteers for re-treatments. A vote will be needed at the meeting of April 4, 1998 since most of their activity has occurred in the preserve. This group will provide MAE 2 ¢ ~998 USFWS Propo~ l~by-Bar~'ool Ex~cs ~nx~val P~,~c 3 mo~t of Ihe volunteers for ~he ~lfort Collier C~ul',~:,* will also soiit,,~ ~,he ,~ ,~.,i.,,.~rt and endorsement from the local homeowners associations. Total Project Cost/Budget The cost for the total project is $15,030 (Table 1). Collier County is requesting $4,200 in USFWS program funds. Contributions from partners and County in. kind services will provide $10,830 or 72% of the total grant request. Objectives and Statement of Product~ The objectives of this proposal are (1) to remove Australian pine and Brazilian pepper from the Lely Barefoot Beach conservation easement and (2) have private property owners keep their adjacent properties free from invasive exotic plants. Anticipated work products include: Initial removal and 3 re-treatments of Australian pine and Brazilian pepper from Area A. · Initial treatment and 2 re-treatments of Australian pine and Brazilian Pepper from Area B. · Development of a local slide show and presentation to 8 local homeowner groups. · Printing and distribution of the Collier County invasive exotic plant brochure (Attachment B). · Creation of an invasive exotic plant website. Project Time Frame The proposed Project Time Frame (Table 2) assumes that a contract for the grant award can be completed and approved by the County and USFWS by August 1998. Initial treatments could be scheduled in the fall of 1998. Workshops with private property owners would be scheduled in the winter months of 1999 when seasonal residents are back in town. Contributing Partners partner .Responsibility Friends of Lely Exotic Plant Control Barefoot Beach Homeowners Associations Public Awareness Commitment Approximately 144 hours of volunteer time · Provide time for staff pre J AR 2 4 19 t8 us~'ws ~ ].~ly-Ba. rd'oc< F. xog. k:3 ~ Pzge 4 Actiona to Date Collier County Parks and Recreation Department has administered a contract to remove exotics in the State Preserve area and a large portion of the County park. The current proposal will extend this effort into the conservation easement area outside the County park boundaries. The grant proposal will, therefore, expand the initial treatment effort to 100% of public property within the Barefoot Beach coastal barrier unit. MAR 2 4 '1998 , Table 1. Proposed Project Budget Personnel Costs ~lllff Ind Ir~lrK~ ~tppo~t costs T~I $10,M0 O~ng ~ ~or ~,~ ~~ $ $ 4,950 Project Co~t $15,030 USFV/S Pr~x~al Lely-13a~oot Exotics P.~al Requested Program Funds County Match/Contributions 4,200 28% 10,830 72% Table 2. Projected Schedule and Required Resources 1998 1999 Ho~rs Ol~r~ Task J A $ O N O J F M A M J J A $ _~_'ff Vol. Grant Contract ma . Ama A Control Secure Bids 4 - - R~II 16 3,500 Rl(rlatmlnt ~1 ~ ~ 24 120 200 Ama B Contro4 ~ltlal Control ~ 80 24 650 I~t mi ~ 16 is 40o Slide Show~ Bfo~hure~ MAR 2 4 1998 A4ap ofPro, ject/, ,'..'~ Lely.Ba~oot Exotics Removal Page 6 A~r.A A BAB. L'FOOT BEACH CO,~S~'RVATIO.~ BA It.F. FOOT I F. ACTI STATE I"A.F.5 tr ~Vi: P~¢ ? ATTACHMENT A Personnel Qualifications MAR 2 4:1998 PO.-:¥ ~ KEVIN H. DUGAN Senior Environmental Specialist Education: B.S. Zoology, University of Massachusetts, 1976 Graduate Studies (Marine Science), University or'Massachusetts, 1976 - 1978 Experience: 12/91- Present. Senior Environmental Specialist. Collier County Natural Resources Department, Naples, Florida. Duties include supervision orNatural Resources staff. Special Projects Manager responsible for assisting the Office of' Capital Projects Management Department in receiving environmental permits from the Florida Department of'Environmental Protection, South Florida Water Management District and the U.S. Army Corps of'Engineers. 4/90-12/91. Environmental Specialist II. Collier County Natural Resources Department, Naples, Florida. Hired pan time to manage the Artificial Reef.Program. Secured site permits through a Dredge and Fill permit obtained fi'om the Florida Department of Environmental Regulation, Department of Natural Resources and the U.S. Army Corps of Englneers. Within six months, was hired full time to help implement the Growth Management Plan. 1/8"/-4/cx). Oceanographer. West Coast Exploration, Inc., Naples, Florida. Duties included conducting electronic exploration and mapping of' magnetic anomalies and topographic features of' the Gulf' of'Mexico. Obtained Dredge and Fill permits fi.om the Florida Department of' Environmental Regulation, Department of Natural Resources and the U.S. Army Corps of' Engineers. Reason for leaving: Contract expired. 6/82-1/87. Fisheries Biologist/COnsultant. Reliant Aquaculture Consulting, Inc., Naples, Florida. Advised fish farmers in the United States and overseas in all aspects of' Aquaculture. Subjects included management skills, productivity enhancement, marketing, water quality and monitoring. Prepared and reviewed feasibility repons on site and species selection, design and management of`aquaculture projects t'or the World Bank, Inter-American Development Bank and Asian Development Bank. Reason for leaving: Could no longer afford to run the company full time. 12/80-5/82. Production Manager. Amusement Systems Corporation, Inc., Odando, Florida. Supervised the production of' electronic video games. Was respons~le for the location and purchase of all component parts and sub-assemblies, final assembly, testinR and quality control. Reason for leaving: Company was disbanded. ~.~ MAR 2 4, 1998 8I'78-1 i/g0. Fisheries Biologist. U.S. Peace Corps, Washington, D.C. Assigned to the Republic of'the Philippines to upgrade local commercial fisheries and develop new commercial aquaculture facilities. Reason for leaving: Contract expired. 4/75-$/78. Internship - Woods Hole Oceanographic lnstitute(WHOl)/EG&G, Inc. Utilized the TSDA system aboard the Deep Sea Drilling Vessel Glomar Challenger while on an International Phase of Ocean Drilling (IPOD) cruise. 6/74-9/'74. Internship - WHOI, Ocean Engineering Department. Worked with a team of engineers and technicians to develop a Temperature, Salinity, Depth Array (TSDA) System for deep sea modeling and monitoring. I 1/68-11/'72. U.S. Navy. Enlisted as an Airman Apprentice. Honorably discharged Aviation Electrician Mate Third Class. Served in Vietnam. Certification: U. S. Coast Guard Master's License (100 ton). Professionnl Affiliations: Florida Association of Environmental Professionals World Aquaculture Society GulfEstuarine Research Society MAR 2 1998 Mac Hatcher Environmental Specialist II Education: B.S. Fisheries Science, California State University, Humboldt 1973 Experience: 1992 - Present. Environmental Specialist II Collier County Natural Resources Department. Primary duties include mangrove dieoff investigations, Natural Resource GIS, Growth Management Plan, and Ordinance D~elopment. Also involved in wetland permitting, wetland mitigation monitoring, exotic plant control, and public information. 1986-1992. Environmental Specialist I and II Collier County Pollution Control Department. Primary duties included the Petroleum Storage tank compliance program, the Small Quantity Generator Assessment Program, and pollution complaint project leader. I assisted with package sewage treatment plant inspections and developed the Sludge Management ordinance and program. 1985 - Florida Department of'Environmental Regulation. Environmental Specialist I. Hazardous Waste Compliance inspections and Dredge and Fill enforcement. 1974 - 1985 Deltona Corp., Applied Environmental Services. Water Quality lab project leader and Quality Control o~cer (DH'RS #85127). Assisted with biological surveillance programs, mangrove productivity, community metabolism, current and tidal studies, environmental impact, and storrnwater assessments. Publication: Counney, C.M., and ,1.M. Hatcher. 1977. The occurrence ofTagelus plebeius in a manmade brackish water lake with comments on its associates. Bull. American Malacological Union, 68-75. Skills: In addition to above work and training I have working knowledge of PC computers using Word Processing. Spreadsheet, Database, Internet(Web Browser, Email, and FIT), CAD, GIS, and GPS processing sol, ware. MAR 2 4:1998 WILLIAM D. LORENZ, JR, P.E, Natural Resources Director Education: M.S. Sanitary Engineering, Virginia Polytechnic Institute and State University, 1978 B.S. Civil Engineering Technology (Environmental), Virginia Polytechnic Institute and State University, 1977 Experience: 199S-Present. Natural Resources Director. Collier County. Manages the adrn~nlstrative and technical functions of the Natural Resources Department. Programs include the artificial reef program, sca turtle monitoring, habitat and wildlife protection, environmental assessments and natural areas restoration plans, removal of invasive exotic plants. 1989-1995. Environmental Services Administrator. Collier County. Administered the activities of the departments of Natural Resources, Pollution Control, Solid Waste and Stormwater Management. Ko/accomplishments included the implementation of coastal zone management and wdlfi¢Id protection regulations, land management plans for sensitive arms, development of a recycling program, privafization of landfill operations, landfill site selection, and stormwater master planning. 1985-1959. Pollution Control Director. Collier County. Established the Collier County Pollution Control Department and implemented a variety of programs designed to protect and mordtor the quality of the County's water resources. 1978-1985. Water Control Engineer. Virginia State Water Control Board. Performed a variety of technical tasks supporting wastewater and water supply planning, water quality assessments, and pollution complaint investigations. Certification: Licensed Professional Engineer-State of Florida Professional AlleViations American Society of Civil Engineers National Society of Professional Engineers Water Environment Federation MAR 2 4 1998 ATTACHMENT B Exotics Brochure .~,~'~) MAR g 4:1998 p~._/~ _ ATTACHMENT B Exotics Brochure ZT's tt~ k~ To Lear~ More Write To: W~th E~oUc P~ant Re~ll: Oeginizat~o~s TO Con.ct Fo, Help EXECUTIVE SUMMARY APPROVE A RESOLUTION THAT AUTHORIZES THE COUNTY ADMINISTRATOR TO APPLY FOR A $750,000 ECONOMIC DEVELOPMENT GRANT THAT IS OFF,:RED THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. OBJECTIVE: To have the Board of County Commissioners authorize the County Administrator to sign the Economic Development Grant application and other documents pertaining to the application, to accept the grant funds on behalf of the county, and to act in behalf of the Board of Commissioners to sign all documents, including the quarterly reports, necessary for grant administration if the County receives the award of this Economic Development Grant. CONSIDERATION: On a yearly basis the Florida Department of Community Affairs provides competitive applications for the receipt of funds in the form of an Economic Development Grant. If awarded this grant will provide approximately $750,000 to Collier County for the purpose of creating jobs for County residents. One (1) job must be created for every $35,000 in grant funds received. This means that no less than 22 new jobs must be created, with no less than 51%, or 12 jobs going to low to moderate income households residing within the County. In 1998 there will be approximately 160 small cities and counties within the State of Florida competing for $10,000,000. FISCAL IMPACT: There is no fiscal impact to the County with this grant as a local match is not required as part of the grant contract. GROW'rH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an Economic Element. However, the Board of County Commissioners has identified economic diversity as a Strategic Goal which will serve to strengthen the economic viability of Collier County. RECOMMENDATION: That the Board of County Commissioners authorize the County Administrator to apply for the Florida Department of Community Affairs' 1998 Economic Development Grant. SUBMITTED BY~ ~ ~'~'~'~~~.~Date: ~- Oonald R. Blal(;~ck, Jr, Manage~ ' Housing and U~an ~,?roverflent REVIEWED BY: _~-- Date.'~ '///' (~reg I~alic, Director Housi and U:rban I rovement APPROVED By: ~~'~- ~ Date: 2"¥"~- ~ Vi~,ent A. Cauter° AICP, Administrator Community Development & F_nvironmental Services MAR ?., 4~ 1998 - 4 $ 6 7 $ 9 10 12 13 14 15 16 17 15 19 20 21 24 25 26 27 28 29 3O 31 32 33 34 36 RESOLUTION NO. 98-__ A RESOLUTION BY THE BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNT~. FLORIDA, TO AUTHORIZE SUBMISSION OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A COP~UNITY DE"VELOPME"~ BIX)CK GP. AI~ UNDER THE ECONOMIC DEVELOPMENT CATEGORY TO ASSIST WITH SANITARY SEWER, WATER, DRAINAGE MiD STREET IMPROVEMENTS Itt THE CREEKSIDE CO:'~ERCE PARK. WEEREAS, the Florida Department cf CoT.~unity Affairs awards granta through the S~all Cicies Community Development Block Grant Program of up co S750,000 to qualifying cities and coun:ies for projects that bemeflt low-and moderate-income persons, aid in =he prevention or ell~lna:ion of slums or bl:gh=, or ~ee: o:her com=uni:y development needs having a par:~cular urgezcy ~ecause ex:s::ng condxtXona pose a serious and :~me~:a:e ch:eat :~ :ne heai:h or available to mee% such needs; and k~EREAS, a city or county mmy apply each cycle ~or a Com.~un~=F D~;elopment Block Grant for Economic Development based on the number of 9obi created and the amount of private capital leveraged; and WH£REAS, applications for this grant will be graded and ranked lot funding by the Florida Department of Co--unity affairs; and W~£REAS, the Florida State Legisla:ure and the Federal Gover~T~nt, in 1998, have made avaiiable the ~mounc of $10,000,000 for which over 160 cities and counties in the stare of Florida will compete; and W~£REAS, co be com~etitive, applications for these funds must be f~led with or mailed to the Department of Cocwm/nity Affairs co reach their office on or befgre SrO0 p.m. March 31, 1998. MAR 1998 ! W~ERF_AS, the regulations of the Florida DeparCmenc of 2 Com~M~i~y Affairs and the Federal Govern~enc re~--uire chat two (2) 3 Hearings, that are open to the public, ke advertised and held prlor to ~ s".b~..itting the appi~cation; and 5 ~EREA$, the Coun=y d~d a~vert~e for %he f:r~% nearlng on 6 February lB. 199B, and :he hearing was held :n Meeting 7 C~nity ~vel~men: 8uilding, located at 2~05 Horseshoe S Naples, Florida on February 26, 1998 and =he second hear:ng was 9 a~er:ised March 11, 1998, and the hearing held in M~eting Room 'G' ~n l0 the Co~nity Development Bu~ldln~. loca~ed at 2eOC Horseshoe Drive, ~ ~relimXna~{ stages of cons=~c:ing an indus=rlal park ~6 southwest corner of i~kalee and Goodle==e-Frank Roads in =he North ~7 Naples area ~o assist Low =o Moderate (~i) Income residents by ]8 helping =o create new jobs for ~I hou~ehDld~. As par= of =his ]9 project, they have re~ested that =he water and sewer infrastructure 20 and streets and s~orm drainage improvemen:s be provided using grant 2~ funding for a por::on of ~he projec%, 22 NO~, THEREFORE BE IT RESOLViD B'f THE BOARD OF COL~TY 23 C~ISSIONERS OF COLLIER CO~Y, FLORIDA, T~T: 2~ The Collier County Board of County Cu~issioners hereby 2~ directs =he Collier County Department of Mou3ing and Urban 26 I~r~e~n= to prepare, or cause to be prepared, an application to =he 27 Flori~ Depart~n= of C~uni=y Affairs for a Econo.lc DevelopmenZ 28 grant of up =o $750,000. The funds from this grant are 29 provide sanitary sewer lines, wa:er lines, manholes, l~ft stations and pave ~he unpaved streets in the Creekside Co~erce Park. 3~ MAR 2 1998 2 4 7 11 12 I? 15 9 The aoard cf County Co~missioners hereby authorLzes the County A~ministrator to s:gn the application and other documents pertaim:n9 to =he appl:cat:on. ~c accept the 9rant funds on ~ehalf of ~he coum:y, and to act =n behalf of the Board of County C¢~m=ss=oner$ =o s=gn all documents, including the quarterly reports, necessa-v for 9rant adm£nisKra=ion 1f ~he County receives =he award of cz:her gran:. BE IT FURTKER RESOLVED that this Resolution be recorded by =he Offic%al Clerk cf Court~ ~n the Public Records of Collier County, Florida. DATE: ADOPCED day of March, 199~. COLLIER TO~.'TY ~%ARD OF C~;TY C3:.~I$Si3::ERS ATTEST: DWIGHT E. BROCK A~ROVED AS TO FO?~ ~:D LEG~d~ ~UFFICIENCt: ~S~ S a BY: Barbara B. Berry, Cha=rT~n DATE:, I 2 3 4 6 9 10 Ii 12 13 £xhzb~.t This e~te ~s located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across lcwokalee Road by office and ..-~dical (North Collier Hospital) ~ zoned and developed proper~y, on the east by ~dic&l O~fice park currently under development, County park and County waatewater Treatment Facility; and on the ~outh by PUD and County Wa~tewater Treatment ~ac~lity. {See At~ached Maps} c~ Miles ~ '; Commerce Park Legend '] Potentially Critical 4 5% Percent Creekside T~afflc on L~nk Creeksid Cemmerce Park MAR 2 4 1998 On Sludy Ne~rk Not on Study Ne~rk Trsffic Assignment o J~ j ! 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 RESOLUTION NO. 98- A RESOLUTION BY THE BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA, TO AUTHORIZE SUBMISSION OF AR APPLICATION TO T~E FLORIDA DEPARTMENT OF CC~9~JNITY AFFAIRS FOR A COMMUNITY D~;ELOPME.~ BLOCK GR~N'T ~ER THE ECONC~IC DEVEL~DE~.E~ CATEGORY ASSIST Wl/q4 S~ITAP. Y SEWER, WATER, DRAZNAG£ A/TD STRE£T IMPROVEMENTS IN THE WHIT£ LAKE IND~'~TiAL ~AAK. ~/4£REA$, ~he Florida Department of Cc.~mun=t7 Affair~ awards grants th. rough the Small Cities Co~m~nity Development Block Grant Pro. ram of up to $750,000 ~o ~alifying cities and counties for projects ~= benefi~ l~-and ~derate-inco~e persons, aid in the preven:ion or elimi~=ion of sl~ or bligh:, or meet other co~i:y devel~en= needs ~ving a particular urgency ~ecause ex%s:ln~ conditions pose a serious and ~edLate threat to t~e ~ealth cr welfare of =he c~i=y and where other financlal resources are no= avail~le to ~e: such needs; and ~E~, a city or co~=y ~y apply each cycle for a C~ity Devel~n= Block Gran: for Econ~ic Develop~n= based on =he n~er of Jobs created and =he a~= of private capi=al leveraged; and ~ER~, applications for this gran~ w~ll be graded and r~ed for funding by the Florida Depart~n= of Com~nity affairs: and ~R~, the Florida State Legislature and =he Federal ~ve~en=, in 1998, ~ve ~de available the amcun~ of $i0.000,000 for which over 160 cities and co. ties in =he state of Florlda will code=e; and ~ER~, =o be c~e=i=ive, applications for these funds must be filed with or ~iled ~o =he Department of Co~ni=y Affairs ~o reach their office on or before 5:00 p.m. March 31, 1998. ~GEN.D~ II~E. U ~ ! WHEREAS, =he regulations of =he Florida Department of 2 Co~munity Affairs and the Federal Government require that two (2) 3 Hearings, =ha= are open =o the public, be advertised and held prior =c ~ submitting the application; and ~ W}{ER~,A~, =he County did advertise for the first hearing on 6 February 18, 1998, and =he hearing was held in Meeting Room 'G~ in :he 7 Co~m~nity Development Building, located at 2900 ~orseshoe Drive, 8 Naples, Florida on February 26, 1998 and =he second hearing was 9 advertised March 11, 1998, and the hearing held in Meeting Room "G' in ~0 =he Community Development Building, located at 2800 Horseshoe Drive, ]1 Naples, Florida on March 16, 1998; and 11 WHEREAS, the area known as white Lake Industrial Park as 13 described in Exhibit A attached hereto and also descrlked In County 14 ordinance n=Tber 9]-1 (the White Lake Industrial Park;, is in the ]~ prelimina~/ stages of constructing an industrial park ~ro]ec= on the 16 northeast ¢or~er of 1-75 (£xit 15) and State Route 951 to assist Low ~7 to Moderate (LMI) Income residents by helping :o create new jobs for |~ LM! households. As ~art of this project, they have requested =.hat the ~9 water and sewer infrastructure and streets and storm, drainage 20 'improvements be provided using grant funding for a ;cr:~cn of the 2~ project, 22 NOW, T}{ER£FOR£, BE IT R£SOLVED BY THE BOARD OF COUntrY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TKAT: 24 The Collier County Board of County Commissioners hereby 25 directs the Collier C=an=y Department of Housing and Urban 26 Improvement =o prepare, or cause to be prepared, an application to =he 27 Florida Department of Community Affairs for a Economic Developmen= 28 grant of up to $750,000. The funds from this grant are to be used to 29 provide sanitary sewer lines, water lines, manholes, lift stations and ]0 pave =he unpaved screets in the White Lake Industrial Park. 3! 32 2 AG :A MAR 2 1 2 3 4 $ ? 8 9 10 11 12 14 17 19 20 21 22 23 24 25 2~ The Board of County Co~nissioners hereby authorizes the County AcLministrator to sign :he a991ication and other documents pertaining :o the a~rplica:ion, to accept :he grant funds on be~If of :he county, and to act in behalf of :he Board of County Commiseioner~ to sign all documents, including the quarterly reports0 necessary for grant a~inistra:ion if the County receives the award of et:her grant. BE IT FURTHER RESOLVED :ha: :his Resolution be recorded by :he Official Clerk of Courts in the Public Records of Collier Coun:y, Florida. DATE: ADOPTED this day of March, 1998. COLLIER COUNTY BOARD OF COUNTY CO~MISSIONER$ ATTEST: DWIGHT E. BROCK APROVED AS TO FO.~ AND LEGAL SUFFICIENCY: Aseis:an: County Attorney BY: Barbara B. Berry, Chairman DATE: HAR 2 q LOCATION '-;( }LD[,~ GAr£ ~I,Y MAP NTS PROJECT LOCATION AGENDA JT~M ". MAR 2 REQUEST TO G~ANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "SAPPHIRE LAKES UNIT i To grant final acceptance of .Sapphire Lakes Unit 1" - 1. On August 4, 1992, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in .Sapphire Lakes Unit 1" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. 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. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's office. A copy of the document is attached. F~SCAL 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 Transportation 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. _GROWT~ MANAG.,E~ IMPACt.: None MAR 2 1998 Executive Summary Sapphire Lakes Unit 1 Page 2 RECOMMENDATION, That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer i,~provements in .Sapphire Lakes Unit 1" 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. H°uldsw°rth, Senior Engineer Engineering Review Date Thomas E. Kuck, P.E~- Engineering Review Manager obert Mulhere ~~ .rvi~c t or Vincent A. Cautero, Administrator Co,~unity Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date '~ . zz. ?~' Date Date JRR: ew MAR 2 1 1998 c-2 :' :: C' ';"' G*~TE ,; ....... ..:: GO L. Dc 2 CASA ID~ ~ .: )OAC (CJ), MAR .2 & 1998 ~OYA ! 2 3 5 6 '7 8 9 12 16 19 2O 21 22 23 2.~ 26 2'/ 28 2"9 3O 31 32 35 3'7 39 RESOLLrrlON NO. 98- RESOLUTION Ab~THORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. WATER A.\'D SEWER D, IPROVEMEN'TS IN SAPPHLRE LAKES UNIT 1, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE I~LAINTENANCE RESPONSfBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER LM?RO'~'EMENTS TH. AT AI:LE NOT REQUIRED TO BE MA~'TAINED BY THE HOMEO'~'ERS ASSOCIATION. V, TIEREAS, the Board of County Commissioners of Collier County, Florida. on October 2, 1990, approved the plat of Sapphire Lakes Unit I for recording; and V, TIER~AS, the develope~ has constructed and maintained the roadway, drainage, water and sewe~ Lmprovements in accordance with the approved plans and specificatio~ and as required by uhe Land De,,.elopment Code (Collier County Ordinance No. 91-102, as a. mended); a.'~d thc Uuhfies Standares ~d p~ocedures Ordinance (Collier County Ordinance No. 97-1.7), and WHEREAS, the developer h~ now requested final accep~'~ce of the roads:ay, drainage, ~ a:¢r a.-.d se~er improvements and rel~a.se of his maintenance security; and · sS;HEREAS, the Comphance Services Section of the Deve!opment Sen'ices Department h~s ir,.~ected the ro~dw<.', drainage, water and sev,'er improvemer~s and is recommending acceptance of said fac:lities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO.XL\f]SSION'ERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadx~'a.'.', drainage, water and sewer improvements in Sapphire Lakes Unit 1, and authorize the Clerk to release ~h: m~;ntenance security. BE IT FU'RTHER RESOLVED AND ORDERED that the County accept the future mainten-~nce and other auend~t costs for the roadway, drainage, wa~er and sewer improvements that are not required to be maintained by the homeowners ~sociation. This Resolution adopted after motion, second and majority vote favoring same. 43 46 47 48 49 50 51 DATE: ATTEST: DWIGHT E. BROCK, CLERK 52 53 54 55 56 57 58 59 60 Approved as to form and legal sufficiency: Heidi Fi Asht~n Assistant Collier County Attorney BO.-LRD OF COL,'N-I~' COMMISSION'ERS COLLIER COU'N-FY, FLORIDA By: BARBARA B. BERRY, CHAIRMAN MAR 2 1998 RECOMMENDATION TO APPROVE FOR RECORDIN~ ~4E FINAL PLAT OF "KENSINGTON PARK P}{ASE THREE-C" To approve for recording the final plat of ,,Kensington Park Phase Three-C" and accept the posted security to guarantee completion of the reqllired subdivision improvements. CONSIDERATIONS, The Board of County Commissioners approved the final plat of "Kensington Park Phase Three" on December 20, 1994, with the stipulatien that the final plat not be recorded until the required improvements have been constructed and accepted or until approved security ls received for the uncompleted improvements. The Developer is now requesting approval of a construction security in the form of a Cash Bond in the amount equal to 10% of the total cost of the development improvements plus 100% of the cost to complete the remaining improvements. These security documents have been reviewed and approved by the County Engineering Review Section and the County Attorney's Office. The Developer, therefore, has complied with the stipulation for recording the final plat. FISCAL IMPAC~ ~ The fiscal impact to the County is none. The project cost is $88,000.00 to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $8800.00. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $15,158.24 (all of Phase Three) Fees are based on a construction estimate of $819,051.34 (all of Phase Three) and were paid in September 1994, and are reflected in the executive Summary of December 20, 1994. None Executive Summary Kensington Park Phase Three-C Page 2 RELATION: That the Board of County Commissioners app%'ove the final plat of .Kensington Park Phase Three-C" with the following stipulations: 1) Accept the Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of .Kensington Park Phase Three-C". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: ! John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere D~Pla~ices Vincent A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date J~:ew 1998 N S I,,'E ?;.~INGTON ~---.-~ PAEK t 2-i'. LOCATION MAP NOT TO .~CALE MAR 2 4 1998 Po. ~ CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND I%t~INTENANCE AGREEMENT FOR SUBDIVISION INfPROVEMENTS entered into this day of .... 1998 between .I. Dudley Goodlette, Trustee, the property owner, hereinafter referred to as "Developer", and the Board of Count' Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Kensington Park, Phase Three "C' 2. Division 3.2 of the Collier CounS' Unified Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdMsion regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineers Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herew{th tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a pert hereof) in the amount of $$,$00.00 which amount represents 10% of the total contract co~ to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier Count)', after x~virten notice to Developer, may call upon the subdivision performance security, to insure satisfactoD' completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial com. pletion by Developer's engineer along with the fin~l project records have been furrfished to be reviewed and approved by the Development Sen'ices Director for compliance with the Collier Count' Land Development Code. 5. The Development Services Director shall, within sixty. (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify ~he Developer in ~xiting of his refusal to approve improvements, therev.~ith specifying those conditions which the Developer must ~ulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Sev,'ices Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. Afte 2 MAR 2 4 1998 maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements, and, if found to be still in compliance with Collier County Land Development Code as reflected by f'mal approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. ?. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Sev,'ices Director to reduce the dollar amount of the subdivision perfom,ance securits' on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessao,' for review by the Development Sen'ices Director. The Development Sen'ices Director may grant the request for reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. $. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the Count)' Administrator ma:}' call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such 3 2, 1998 the final total cost to thc Board thereof, including, but not limited to, engineering, legal and contingent costs, together s~Sth any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out ali of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer respective successors and assi.~a'ts of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this. day of ,1998. Signed, Sealed and Delivered in the t~resence of: _.---._ , HOLLY A. HARMON ATTEST: DWIOHT E. BROCK, Clerk J. Dudley Goodlette, Trustee By: ,~c,.,.i ,'Ek_ J. Dudley Goodlette, Trustee BOARD OF COUNTY COMMISSION~ERS OF COLLIER COUNTY, FLORIDA By: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: David Weigel Collier County. Attorney ll/AR 2 4 1998 EX}HBIT "A" ENGINEER'S COST ESTI~IATE SUbLMARY I. Potable Water System II. Sa.,'fitao' Sewer System III. Drainage IV. Paving, Concrete, Miscellaneoas EubTotal Total (rounded to nearest $1,0~30) 10% of Total 100% of Uncompleted Work Letter of Credit amount = 21,668.00 16,023.40 11,325.20 3g,2Og.!Q 87,224.70 88,000.00 s.sOo.o0 00.00 8,800.00 96324XC&.M.,~r~¢ C t-2~ ESTIMATE: TI~EE PERIC0 E~O[~: 1-25-~8 CESC.qIPT [CN ~£ F ~ 'l'r;E E ~0IFIED ~ !2' '~iCE R[SBCN CLR8 ' ~CP ~ & GOSS ~[ · (' CC~ SIC~,4AL~. 4' WICE ~. CFF SITE FILL & FILIAL -G~,AOI 0.00 C A. CFF SITE FILL (TRL'C)C~E. AS2~OG0.C0 ] C. FI~L G~Di~ IN R?4 & U.25000.00 ]. i' STRIP CF SC0 9C-69.00 :. CCI,~ PAVE.RSW/CC4qC ~,,t~E (C,~ 14.4.00 (. CCi'~C PAVERS (EATC~",,C. CO L,L~EI2138.00 ~. CLiT & E~0SICN CCh'TRCL 1.C0 '. GL~;£RA!L PAINTED W/STEEL PO ESTImaTED LI, IIT ESTIP~TE0 F~iICL'S P~VIOUS CLILO, ENT CURREh~ TO rATE TO rATE CC,~i,'Y ~iT PRICE At'CL~ QCL'~I'ITY ~ KAfANTITY A~CLI~T C)U,SJ~TIl'f 1~7.00 LF $4.~5 6728.55 0 0.00 512 23~0.80 512 23E0.80 115.00 LF sS.SO 632.5 0 0.00 116 638.00 ? 116 638.¢0 108.00 LF $9.10 9e2.B 0 0.00 0 0.00 0 0100 1.00 EA $225.00 225 0 0.00 0 0.00 0 0.00 3580.00 LF S5.35 19153 0 0.00 0 0.00 0 0.O0 ~ $7.90 0 0 0.00 0 0.00 O 0.00 C¥ $5.60 112000 0 0.00 58~6 32961.60 S~E6 SY $0.65 l~G0 0 0.00 10000 6500.C0 I0000 6!O0.CO LF $0.30 2c/:}0.7 0 0.00 0 0.O0 0 0.00 SF ~.40 633.6 0 0.00 0 0.00 0 SF $3.00 ~14 0 0.00 0 0.00 0 0.00 LS$3.540.00 3540 0 0.00 0 0.00 0 O,CO 730.00 LF $16.00 11~80 0 0.C0 0 0.C0 0 0.C0 4.C0 EA $725.00 27.,0 0 0.00 0 0.00 0 0.G0 CChST STA.(E-CbT. SL~'/E¥ :I~ 1LS$9.6~.00 0.16 15-~.64 0.29 2799.66 0.45 43~.30 :~'~C:~ t ! CCNCUtTS LF 3.00 :E.~ & 2 CChCUITS LF 4.25 :E~C6 & 3 CCNCUITS L~ 5.50 :E~C~ & 4 CCNCUiTS LF 6.75 i5 CC~;CUITS LF 8.00 L~CR & ~TE~i~S ! CChCUITS LF 4.~0 :?,C~ S 2 CCNCUITS LF 6.25 :E~C~ ~ 3 CChCUITS LF B.C0 'ExC~ ~ 4 CCNCUITS LF 9.75 0.0O 260 780.00 260 780.C0 0.00 1S00 6375.00 1500 E375.00 4575.00 880 4~-t0.C0 1730 ~il5.CG 0.00 SCO 3375.C0 5¢0 3375.C0 0.00 670 5260.00 670 5260.00 O.OO 0 0.00 0 O.GO 0.00 775 4~3.75 775 ~2~3.75 0.C0 0 0.00 0 0.00 0.00 0 0.00 0 0 co CPTiCNJL PAvErS CCNCRETE ~,tSE 8546.00 SF 1!2' wICE ~I~CN CLX8 1452.C0 LF 4.40 376C2.4 9.05 131J3.6 0 0.00 0 0.00 0 0.~0 0 0.00 400 3620.00 400 3620.C0 ,ASE 30 r-~TJ~tE ~ATE~ SYSTEH !. 10' C900. CL2O0 P'/C 810.00 2. 10' GATE VALVE WITH 1.00 3. SIDLE WATER SERVICE 1.00 4. CCL~LE WATER SERVICE 7.00 5. FIRE HYCR,Sd'iTASSE~EL 3.00 LF $1!.60 S~.c'6 ~ S~95.00 ~5 ~ $338.00 ~ EA $608.00 ~2E6 EA$!.931.00 5793 6. 4' PVC C~'C1JIT (F&I) 220.00 LF $4.50 ~0 7. CPTICttAL WATER. [NSTTBO LF $3.00 0 '. ~iTARY S~R SYSTF. Jq !. 8' PVC S,q 0-6 720.00 LF $11.75 8.t60 2. 4' P, ed~'~0LE 0-6 2.00 EASl.315.00 2630 3. 6' P¥C LATERALS 0303 506.00 LF $4.90 2479.4 4. 6' PVC CLEA,NOLrT 16.00 EA $99.00 1~ S. STEEL CASING W/CASCA 6.00 LF $145.00 870 'i. CRAt,'tsGE SYSTEJ'I !. 15' RCP. CL Ill 24.00 LF $17.15 411.6 2. 18' RCP. CL III IS6.00 LF $21.10 3291.6 O CATCH BASIN r.~8[. 0S~ 1.00 EA$1.SI7.00 1517 ~FLICT BOX. OS ~ 1.00 EA$1.305.00 1305 0 0.00 0 0.00 0 0.C0 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.~0 0 0.00 0 0.00 0 0.G0 0 0.00 0 0.00 0 0.00 0 0.00 0 O.OO 0 O.00 0 0.00 0 O.O0 0 0.¢0 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 .0 0,00 0 0.00 0 ~.00 0 0.00 0 0.00 0 0.00 0 O.O0 0 0.00 0 0.00 0 0.05 0 0.00 0 .00 0 0 0.00 0 ~ ~ o o.oo o MAR 2 4 1998 .3 ~T[: 1o24-$8 Er,[ ~ 20797 EST I,"AT E.: TI-.RE FE P.~,~ECT: KEhS I.qGTCN GARCENS PER[CO E~OI~: 1-25-$8 CESC~IPTiCN ESTIP~TED HIT EST[PATE0 PREVlCUS PREVIOUS CL;RRENT CURRENT TO ~ATE TO ~ATE CLL~LNTITY LtIIT PRICE ~L~CL14T CLLshTITY A~q0L~T CL~JNTITY AJ%'~,ttT QUANTITf A~CLNT 0,~,8 INLET~/PCLI~ED So :v. C~JZ)I~. PAvia. & M[SCELL~£CUS 1. 12' STABILIZE0 SL~GR 4133.00 2. 6' LI~ERCCX EASE 3008.00 3. 3/4' ~PH~T (1~t ti 2302.00 4. 3/4' ~T (2~ LI S. 2' V~LLEY ~ 1726.00 6. 4' ~E S[C~ ~3.00 7. 1' STRIP ~ ~ X72~.00 8. ~E ~ & U.E. S7:0.00 9. OFF SITE FILL 2.00 E~$2.400.00 4800 SY $I.35 5579.55 SY $3.70 11129.6 SY $1.30 2S92.6 SY $1.35 3107.7 LF $3.80 6558.8 LF S5.35 4617.05 LF S0.30 5~7.8 SY $0.65 3705 CY $5.60 0 1.00 LS 3,170.00 3~70 0 0.00 0 0.00 0 0 0.00 0 0.00 0 0.C0 0 0.00 0 0.00 0 0.~ 0 0.00 0 0.00 0 0.C0 0 0.00 0 0.O0 0 0.00 0 0.00 0 O.O0 0 0.~ 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 O.CO 9C9027.70 1~4253.64 32e900.21 473153.85 3;Z. ,jZ$7. 7,' IVLRR 3 & 1998 KENSINGTON PARK DEVELOPMENT 63-141Z'670 ~o. 001659 OPERATING ACCOUNT C O KENSINGTON CLUB HOUSE Gulf Coast National Bank 2700 PINE RIDGE ROAD NAPLES, FL 34109 PAY TO T~ ,.oo].r~,. I:o~.?o].t.~23.: ~O0~-O0~C;L.O"' EXmCUTIV~ REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF AVILA UNIT ONE TO approve for recording the final plat of Avila Unit One. CONSIDERATIONS: The Board of County Commissioners on July 29, 1997 approved the final plat of Avila Unit One with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL I~PACT ~ The fiscal impact to the County is listed below. project cost is $78,404.93, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $14,062.22. The developer has provided a Letter of Credit as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,280.91 Fees are based on a construction estimate of $47,497.73 (does not include potable water improvement~ which will be conveyed to the City of Naples) and were paid in January, 1997 and are reflected in the Executive Summary of July 29, 1997. Executive Summary Avila Unit One Page 2 ~OWT~ MA~A~ IMPACT: None R~CO~4ENDATION, That the Board of County Commissioners approve the final plat of "Avila Unit One", with the following stipulations: 1) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Avila Unit One". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. HouldSworth, Senior Engineer Engineering Review Date REVIEWED BY: Tho~s E. Kuck, P.E. Engineering Review Manager / Ro~'ert Mulhere Director - Planning Services Vf~ent A. CaUtero, Admin~.rator _ Co~,.~lunity Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IJVIPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IJVIPROVEMENTS entered into this day of , 1998, between LIMITED PARTNERSHIP, hereinafter referred to as "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". P-.ECITALS 1. Developer has. simultaneously ,,,Ath the delivery &this Agreement, applied for the approval bythe Board ora certain plat of subdivision to be kxtown as: AVIL.4 UNIFONE. 2. Division 3.2 Of the Collier Cotmtv Land Development Code requires the Developer to post appropriate guarantees for the co'ns~ruction and improvements required by said subdivi.vion regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW. THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Water, sewer, drainage, access, buffer and fighting infrastructure serving A VILA UNIT ONE within 6 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdMsion performance security (attached hereto as Exhibi~ "A" and by reference made a part hereof) in the amount of $14,062.22 which amount represents 10% of th~: total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. la the event of default by the Developer or failure of the Developer to complete such imnrovements within the time required by the Land Development Code, Cotlie~ County, n~y call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement ofsubstantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. MAR 2 4 1998 t9, The Development Services Director shall within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements: or b) notify the Developer in writing of his refusal to approve improvements, therevdth specifying those conditions u&ich the Developer must fulfill in order to obtain the Director's approval ofthe improvements. However, in no event shall the Development SerxSces Director refuse preliminary, approval of the improvements if th~' are in fact constructed and subrdtted for approval in accordance with the requirements ot' this A~eement. The Developer shall maintain all required improvements for a minimum period of one year after prelim~ary approval by the Development Services Director. ARer the one year maintenance period by the Developer has terminated, the Developer shall petition the I:~'elopmem Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements tad, if found to be still in compliance s~h the Collier Count)' Land Development Code as reflected by final approval bY the Board. the Board shall release the remaining 10% subdMsion performance security. Thc Developer's respons~ility for maintenance of the required improvements shall continue unless or until the Board acc~ts maintenance responsibility for and by the County. Six {6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Sow'ices Director to reduce the dollar amount ofthe subdMsion performance secm'ity on the basis ofwork complete. Each request for a reduction in the dollar amount ofthe subdMsion performance security shall be accomplished by a statement ofsub~antial completion by the Developer's engineer together with the proje~ records necessary for review by the Development Services Director. The D~.-,,eiopment Sera'ices Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fullill its obligations under this Agreement. upon certification of such failure, the County Adn'~im-ator may call upon the subdMsion performance securky to secure s~tisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of'acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance securi~', shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on acco,mt of the failure ofthe Developer to fulfill all ofthe provisions of this Agreement. All of' the terms, covenants tad conditions herein contained are and shall be bind/ag upon the Developer and the respective successors and assigns of the Developer. 2 1998 IN WITNESS WHEKEOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of March, 1998. Signed, Sealed ~nd Delivered AVILA LIMITED PARTNERSHIP in the presence oE By'. BDG-AVILA AT GREY OAKS, INC. Its General Partner ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: Barbara B. Berry, Chairman Approved as to form and legal sut~iciency: DiTvid-C. Weigef Collier Couary Anomey 4 COLONIAL BANK COLLIER COUNTY LAND DEVELOPMENT CODE IRREVOCABLE STANDBY LETTER OF CREDIT NO. 152104 MARCH 5, 1998 ISSUER: COLONIAL BANK (hereinafter "Issuer") PLACE OF EXPIRY: At Issuer's Counters DATE OF EXPIRY: This Credit shall be valid until March 5, 1999 and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to renew this Credit. APPLICANT: Avila Limited Partnership 5100 Tamiami Trail Naples, FL 34103 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: $14,062.22 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: "Avila Limited Partnership has failed to construct and/or maintain the improvements associated with that certain plat of a subdigision known as "Avila Unit One" or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Colonial Bank Credit No. 152104 dated March 5, 1998". The original Letter of Credit and all amendments, if any, must be presented for proper endorsement Aa ,Affi{la~ o~' Colonial Banc(]roup. Inc. 279';,% O}d 41 Romd,, P.O. Drawer 2648. Bo~ila ~ Fk:~idm 3413,3-2648 9,,u .220 / MAR 2 4 1998 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. COLONIAL BANK Fi~sident By: 1998 COLONIAL BANK IR]~EVOCABL~ ~ LETT]~R OF CRSDXT EVXDERC~ OF AUTBORITY DATED~ March 5, 1998 This docent is to certify that Kenneth W. Kidd, First Vice President, has the necessary authority to execute the Irrevocable Bank Letter of Credit Number 152104 issued March 5, 1998 on behalf of The Board of County Commissioners, Collier County, Florida. ,/~e £xecutive Vice Pres£dent / / I~tAR ~ ~ 1998 REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ~GLEN EDEN, PHASE ONE~ To approve for recording the final plat of "Glen Eden, Phase One", a subdivision of lands located in Section 9, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Glen Eden, Phase One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction, maintenance and escrow agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Glen Eden, Phase One" be approved for recording. FISCAL IMPACT, The fiscal impact to the County is as follows. The project cost is $361,351.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading $160,039.00 $201,312.00 The Security amount, equal to 110% of the project cost, is $397,486.10 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $7,214.64 Executive Summary Glen Eden, Phase One Page 2 Fees are based on a construction estimate of $361,351.00 and were paid in December, 1997. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$ 591.56 b) Constructlon Drawing Review Fee Water & ' Sewer (.50% const, est.) -$ 800.20 Drainage, Paving, Grading (.425% const, est.)-$ 855.57 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2400.59 Drainage, Paving, Grading (1.275% const, est.) $2566.72 GRQW~ M/tNAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECQMMENDATION~ That the Board of County Commissioners approve the Final Plat of "Glen Eden, Phase One" with the following stipulations: 1. Accept the construction, maintenance and escrow agreement as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Glen Eden, Phase One." 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. MARA V 1998 Executive Sun~ary Glen Eden, Phase One Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuc , P.E. Engineering Review Manager Planrfi_~ervices Vincent A. Cautero, Admini~-~_~O~ Community Development & EnvIltonmental Services Co,~u~,~nity Dev. and Environmental Svcs. DIVISION JRH/ew Date Date Date Date NO,. ~ .-.THE SOUTH.ONE 'C,E.'Z5 E~T. CO~ , '~. --~ JER CO 03-99-98 15=3! COAS?AL ENGINE£RINO CON5 [NC [D-! 94! 643 2324 P.94 CONSTRUCTION, MAINTENANCE AND ESCROW AGRZEMENT FOR SUBDIVISION IM'PROVEMENTS THIS AGREEMENT entered into this 16th day of January, 1998 by REVCO/GE Joint Venture, a Florida genend partnership (hereinafter "Developer"), THE BOARD OF COUNTY COMM1SSIONEP,.S OF COLLIER COUNTY, FLORIDA .(hereinafter "The Board) and BARNETT BANK. N.A. (hereinafter "Lender'). RECITALS: A. Developer has, simultaneously wiLh the delivery of tkis Agreement, applied for the approval by the Bo~d of a certain plat of a subdivision to be known as Glen Exten. B. The subdivision will include certain improvements which are required by Collier Count7 ordinances, as set forth in a site construction c.,oxt e~fimate ¢'Estimalc") prcpazed by Coaslal Er~ineering Consultants, Inc., a cop)' of which is attached hereto and incorporated her~in as Exhibit 1. For purposes oft.his Agreement, the "Required lmpro,,'ements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires thc Developer to provide appropriate guaranu~es for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated January 16, 1998 (the "Construction Loan"), a~l incident thereto cawed Developer to deposit funds with Lender in an amount sufficient to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to ~-an,~.e pursuant to this Agreement is $398,200, ~nd this amount represents I t0% of the Developer's engineer's estimate of the construction costs for thc Required Improvements. NOW, THER.EFOlt. E, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Boa~d ~nd the Lender do hereby covenant and agree as follows: 1. Developer will cause thc water, sewer, roads, drainage and like facilities, the Required Improvements, to be con.re'acted pursuant to specifications that have been approved by the Development Services Director Within six (6) month~ from the date of approval of said subdi~qslon plat. 2. Developer hereby authorizes Lender to hold funds Developer has this date deposited with Lender in the mount of $398,200, in escrow, pursuant to the terms of this A~eement. 3. Lender agrees to hold Developer's funds in the amount of $398,200 in escrow, to be disbursed only pursuant to this Agreement. Lender acknowledges that this ^~eement shall not constitute a draw against the Cormmction Loan fund. nor the Loan Monies. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more MAR 1998 e3-69-gB t5=32 COASTAb ENGINEERIhl(~ COtl5 INC ID-I 94t %./ 643 2324 P .95 than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work cos~ less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the ex'~nt of $398,200 which shall remain in escrow' a~ a Developer guaranW o[f maintcn,a, nce of the Required Improvements for a minimum period of one (1) ),ear pursuant to Paragraph 10 of the Agreement. However, [n the event that Developer shall fai! to comply vAth the requirements of this A~ccment, then the Lend-"r agrees to pay to the County immedia~ly upon demand the b~lance of the funds held in escww by the Lender, as of'he dst: of the demand, provi&:d that upor~ payment of such balance to the County, the County ,,,,'ill have cxecutcd and delivered to the Lender in exchange for such funds a statement to be signed by Se Development Services Director to the effect that: Developer for more t.han sixty (60) days after written notification of such failure has [failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete thc work called for under the terms ofthe above-mentioned contract or will complete such portion of' such work as the Counb', in its sole discretion shall deem necessary in the public interest to the ex'tent of thc [funds then held in escrow; (c) Thc escrow [funds drawn dov,'n by the CounW shall be used for co--etlon of thc Required Improvements. engineering, legal and contingent costs and expenses, and to offset an)' damages, either dircct or consequential, which the County may sustain on account of' the failure of' the Developer to can5' out and execute the above-mentioned development work; and, (d) The County will promptly repay to thc Lender any portion of the funds drawn down and not cxpcndexl in completion of the said development work. Written notice to the Lender by thc County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the l.,cnder for release of the specified funds to the Develops. Payment by the Lender to the Developer of the amounts specified in a letter of' ,uthorization by the County to the Lender shall constitute a release by the County and Developer of th~ Lender for the funds disbtu'sed in accordance ,o,'ith thc letter of authorization from the County. The Required Improvements shall not be considered complete until a statement of subsumtial completion by Developer's engi.nccr ~ong with the final project records have been furnished to be reviewed and approved by the Development Scrvlces Director for compliance with the Collier County Subdivision Regulations. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in ~-riting of his preliminary approval of the improvements; or b) notify thc Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Dc'~cloper must fulfill in order MAP, 1998 03-Gg-gt~ o I0. COASTAL ENGINEERItJG CONS INC ID'I 941 643 2324 P.06 11. executed by their duly authorized representatives this _.__-- day of to obtain thc Director of thc Requix~ Improvements. However, in no eve:at shall thc Development Services Director refuse preLiminary approval of thc improvements if they arc in fact cor~tructed mad submitted for approval in accordanc~ with thc rextuir~maent$ of this Agreement. Should the funds held in escrow bc inzufficicnt to compl~c thc Retluirexl Improvement~, thc Board, after duly con.~id~ing thc public interest, may at it~ option complete thc Required Improvements and r~ort to any and all legal rcmedi~ agah~t thc Developer. Noth~g in this Agre.~t shall make ~.c Lender liable for any funds other than those placed on depoait by the Developer in acc~c~ with the foregoing provisions; providcA, that thc Lender doea not release any mottles to the Developer or to any other per, on except as stated in this E~'row Agr~mcnt. The Developer shall maintain all Required lst~provernenta for one year after pr~lixp~Jnary approval by the Development Scr~ieca Dircator. AI~ ~e one year maintenance period by the Dm'eloper and upon submission ora written request for insp~tion, the Devclopmemt Servicea Director shall inspect the Required Improvements and, if found to be still in complianc~ with the Cc<lc ~ reflex:ted by final approval by the Board, the Lender's rcspor~il.ity to the Board under this Agreement is terminated. The Developer's responzibility for maint~ce of the Required Improvementa ~all continue utfle~s or until the Board accepts maim~an~ r~'ponsibility for and by thc County. All of the terr~, covenant$ ~nd conditiona herein cohtained are a~d shall be binding upon the respective successors and aasigns of the Developer ar~ ~. IN WITNESS WHEP~OF, the Board and the Developer have caused tlfis Agreement to be , 1998. SIGNED, ~[~LEJ~ AND j~LIVEILED IN ~in'f"'od~r ?ypCd 'rmted or Typed Name (Corporate Seal) REVCO/GB $oint Venture, a Florida gcneral parmership G~ Ki~ella, ~ Pt~id~t of Rcwco Holdinga, Inc., · Florida corporation, itself a general partn~ -3- [ MAR , 1998 15:Q3 COASTAL ENalN~RINO CON5 INC ID-I 941 643 2324 P.87 KXttlBIT 1 COST F..STIMATE S[,,3kiMA.RY I. Potable Water System [[ Sanitary St.w~' Sy;== Subtota~ ToN (rounded to :x~r~. $1,000) 10% of Tot~ (~ 110% letter of Credk amount- $ 42,494 SI17,54S $44,512 $361,351 $362,00O $ 36.200 $398,200 IVLA. R ~ 1998 CONSTRUCTION, MAINTENANCE AND ESCROW AGREE*lENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this 16th day of January, 1998 by REVCO/GE Joint Venture, a Florida general parmership (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLklER COUNTY, FLORIDA (hereinafter "The Board) and BARaNETT BANK, N.A. (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Glen Eden. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Coastal Engineering Consultants, Inc., a cop,,,' of',.vhich is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement. the "Required Improvements" are limited to those described in the EstimaTe. C. Sections 3.2.6.5.6 and 3.2.9.1 of thc Collier County Subdivision Code Division of the Unified kand Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement v,'ith Developer dated January ! 6. 1998 (the "Construction Loan"). and incident thereto caused Developer to deposit funds vdth Lender in an amount sufficient to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is S398.200. and this amount represents 110% ofthe Developer's engineer's estimate of the construction cost, for the Required Improvements. NOW, THEREFORE. in consideration of the foregoing premises and mutual covenams hereinafter set forth, Developer, the Board and the kender do hereby covenant and agree as follovrs: Developer will cause the water, sewer, reads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Ser-,'ices Director within six (6) months from the date of approval of said subdivision plat. Developer hereby authorizes Lender to hold funds Developer has this date deposited with Lender in the amount of $398.200. in escrow, pursuant to the terms of this Agreement. Lender agrees to hold Developer's funds in the amount of $398.200 in escrow, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund. nor the Loan Monies. The escrowed funds shall be released to the Developer only upon '.,,zinen approval of the Development Services Director who shall approve the release of the funds on deposit not more 1.19116 I MAR,, f 1998 ] than once a month to the Dcvelopcr, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%): and further, that upon completion of the work: the Development Services Director shall appro`, e the release of an.,,' remainder of escrowed funds except to the extent of S39g,200 which shall remain in escrox`.' as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) .','ear pursuant to Paragraph 10 of the Agreement. Howe,.'er, in the event that Developer shall fail to comply with the requirements of this Agreement. then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after wrinen notification of such failure has failed to comply with the requirements oft,his Agreement; (b) The Count.'.', or its authorized agent, ,.,,'ill complete the work called for under the terms ofthe abo`.'e-mentioned contract or will complete such portion of such work as the Count.,,', in its sole discretion shall deem necessa~' in the public interest to the extent of the funds then held in escrow; The escro`'`' funds drawn do'an by the Count.,.' shall be used for construction of the Required Improvements. engineering, legal and contingent costs and expenses. and to offset an)' damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to canT out and execute the above-mentioned dev..'lopment work: and. The Count>' `',,'ill promptly repay to the Lender any portion of the funds drawn do'.`'n and not expended tn completion of the said development work. Written notice to the Lender by the County specifying ,.,,'hat amounts are to be paid to the Developer shall constitute authorization by the Count)' to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the Count.,,' to the Lender shall constitute a release by the Count>' and De`.'eloper of the Lender for the funds disbursed in accordance with the letter of authorization ' from the Count.'.'. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along ,aith the final project records have been furnished to be reviewed and approved b)' the De', elopment Sen'ices Director for compliance `.*.ith the Collier Count.,,' Subdivision Regulations. The Development Services Director shalL, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in v,'riting of his preliminary approval of the improvements: or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifl:'ing those conditions which the Developer must fulfill in order MAR 1998 to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. Should the funds held in escrOw be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. Nothing in this Agreement shall make the Lender liable for any funds other than those placed on deposit by the Developer in accordance with the foregoing provisions; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission ora written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by Ire Board, the Lender's r~sponsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility, for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and l_ender. IN' WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of ,1998. S IGN'ED,~[.AI.E/D, ANI).J)ELIVERED THE I:'R~S~NC~6F: Printed o}"Typed Name .-~-, ..._..~--.<..¥ - Printed or Typed Name (Corporate Seal) REVCO/GE Joint Venture, a Florida general partnership By: Holdings, Inc., a Florida corporation, itself a general partner QB~A.P Dgl le, I -3- P~'~or T.~_~ed ~ Printed or Typed N~m~:'' ~ LENDER: (Corporate Seal) BARNE.~ BANK, N.A., a n~tional banking corporation ~ MiChael Rinal~lij as Vice President ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMlVlISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By:. Chairman Approved as to form and legal sufficiency: ,,!:.,/. -" Il. t ... ' / I ,55'.: David Weigil ' ' : "'- i~ounty Attorney -4- MARa q 1998 EXR'mIT 1 EN'GLN'EER'S COST ES'ID, lATE SU~D,L.LRY I. Potable Water Sy~'tem ri. Sanitary Sewer Sy~em Drainage IV. Paving, Concrete, ~a.scellaneous Subtotal Tot~l (rounded to hca:est $1,000) 1 ~/~ of To~ (~ I I0°/, Letter of Credit amount = $ 42,494 I;117,545 $44,512 $156.800 $361,351 S362,000 ..5 36,260 S398,200 EXECI, ITiVE SUMM'ARY TO ACCEPT THE HIGHEST AND BEST BID FOR THE PURCHASE OF A PORTION OF THE MARCO ISLAND TRANSFER STATION. OBSE,~; To accept the highest and best bid for thc purchase ora portion ofthe Marco Island Transfer Station. CONSI'I)~RATION; On February 17, 1998, the Board of County Commissioners declared a small portion ortho Marco Island Transfer Station property as surplus property. A legal notice was advertised in the Naples Daily News on February :20, &: 27th, t99g, pursuant to F.S. 125.35 inviting potential buyers to forward their bid to the Real Property Depa,"tment. Two (2) bids have been received subsequent to said legal notice: 1. IL Bruce Anderson representing .lack Antaramian. Bid amount: $120,000.00; and 2. David P. Hopstetter, Trustee. Bid amount: $10,000.00 more than the highest bidder, making the bid $130,000.00. The County was seeking a minimum of $90,600:00 for the subject property pursuant to the advertisement approved by the Board o£Coumy Commissioners on February 17, 1998, Agenda Item 16 0a) 2. FISCAL IMPAC'I': Funds will be deposited into: Fund: 470 Cost Cenler: 173410 Object Code: 364220 The recording costs shall be paid by the Purchaser GROWTi~, MANAGEMENT IMPACT: none - Solid Waste Disposal - Solid Waste Administration - Surplus Land Sales RECOMMEND^ _TI/ON: That the Board of County Commissioners i) select the bid received from David P. Hopstetter, Trustee; 2) authorize staff.to prepare the Real Estate Sales Agreement and ali other documents for the conveyance between Collier County and David P. Hopstetter, Trustee for the purchase price orS130,000; and 3) authorize the Chairman to execute a Real Estate Sales Agreement and other appropriate documents for the closing of this transaction, once approved by the County Attorney's Office. Recording of all necessary documents shall be performed by Purchaser. Page 2 Executive Summary - Marco Transfer Station / I Wilma J. Iveraon.CSenior Specialist Real Property Management Department PdSVIEWED BY: '~" David Russell, Director Solid Wastc Department APPROVED BY~'~~~~~~ Ed II~hner, Administrator Public Works Division DATE: LEGAL NOTICE PROPERTY FOR SALE INVITATION FOR SEALED BIDS NOTICE IS itEKEBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA WILL ACCEPT SEALED BIDS UNTIL MARCH 4, 1998, FOR THE PURCHASE OF PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION A portion of Tract "D", according to the plat of "Marco Beach Unit Four", as recorded in Plat Book 6, Pages 32 through 37, Public Records of Collier County, Florida, described as follows: Begin at the most Southerly Comer of said Tract "D"; Thence along Ihe Southwesterly Boundary of said Tract "D", N45°00'00"W, 86.00 feet; Thence leaving said Southwesterly Boundary, N45°00'O0"E, 143.90 feel; Thence S53°47'14"E, 101.30 feet to the Southeasterly Boundary of said Tract "D"; Thence along said Southeasterly Boundary, SS0°0Y34"W, 160.00 feet to the Point of Beginning. Containing 0.32 acres, more or less. COUNTY SEEKS A MINIMUM OF $90,600 FOR THE SUBJECT PROPERTY. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIG}ti TO REJECT ALL BIDS. THE SUBJECT PROPERTY IS OFFERED IN AN "AS IS" CONDITION AND SPECIFICALLY AND EXPRESSLY WIlt-tOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EIIHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER. Terms: CASItIER'S CHECK FOR AGREED AMOUNT AT CLOSING. CLOSING WITHIN SIXTY (60) DAYS OF ACCEPTANCE OF BID BY BOARD OF COUNTY COMMISSIONERS. ADDITIONAL INFORMATION AND A COPY OF THE SALES AGREEMENT TO BE UTILIZED, AVAILABLE UPON REQUEST. ENVELOPES MUST BE MARKED WITH THE WORDS "SEALED BID". PLEASE FORWARD SEALED BIDS TO: WILMA IVERSON SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 34112 TELEPHONE NUMBER (941) 774-8991. DAVID P. HOPSTETTER, TRUSTEE P.O. BOX 7907 NAPLES, FL 34101-7907 March 2, 1998 Ms. Wilma Iverson Senior Specialist Peal Property Management Department 3301 Tamiami Trail East Naples, FL 34112 RE: Sealed Bid Dear Ms. Iverson: This letter shall .serve as a "Bid" to offer to purchase, in the amount of Ten Thousand Dollars more than the sealed highest bid received by Collier Count)', to purchase the hereinafter described property pursuant to the legal notice of Property For Sale Invitation for Bids. LEGAL DESCRIPTION A portion of Tract "D", according to the plat of Marco Beach Unit Four', as recorded in Plat Book 6, Pages 32 through 37, Public Records of Collier County, Florida. described as follows: Begin at the most Southerly Comer of said Tract "D"; Thence along the Southwesterly Boundary of said Tract "D", N45 °00'00'W, 86.00 feet; Thence leaving .said Southwesterly Boundary, N45°00'00'E, 143.90 feet; Thence S53°47'14'E, 101.30 feet to the Southeasterly Boundary of Said Tract "D'; Thence along said Southeasterly Boundary, S50°03'34"W, 160.00 feet to the Point of Beginning. Containing 0.32 acres, more or less. Thank you. Sincerely, David P. Hopstetter Trustee YOUNG, VAN .~iSSEI~'DERP ~ VAR.%'ADOE, ATTO~NE~YS A? LAw ~ r o%.,~ TO: NAPLES March 2, 1998 G*L. Lf['S HALL 2Z~ .~TN A:)auS St~'CC~'. S~,~C Su~T~ST 801 LAUeCL Oa~ Drove. Su~C 300 TCLC~ONC (94,1 SG?'2e~ Tt~ECOmCn C~] 597-~60 bls. Wilma Iverson, Sr. Specialist Collier County Real Property Dept. 3301 E. Tamiami Trail, 8th Floor Naples, FL 34112 RE: Sealed Bid Dear Ms. lverson: On behalf of our client, Jack Antaramian, this letter shall serve as a 'Bid' to offer to purchase, in the amount of One Hundred Twenty Thousand Dollars (S120,(X)0.00), the hereinafter described property pursuant to the legal notice of Property For Sale Invitation for Bids. LEGAL DESCRIPTION A portion of Tract 'D", according to thc plat of Marco Beach Unit Four'. as recorded in Plat Book 6. Pages 32 through 37, Public Records of Collier County, Florida, described as follows: Begin at the most Southerly Comer of said Tract 'D"; Thence along [he Southwesterly Boundary of said Tract "D', N45°00'00"W, 86.00 feet; Thence leaving said Southwesterly Boundary, N45°00'00'E, 143.90 feet; Thence S53°47'14"E, 101.30 feet to the Southeasterly Boundary of Said Tract "D"; Thence along said Southeasterly Boundary, S50°03'34"W, 160.00 feet to the Point of Beginning. Containing 0.32 acres, more or less. Thank you. I look forward to hearing from you after the bids have been opened. Sincerely, R. Bruce Anderson · c/ HAR 2 1998 EXECUTIVE SUMMARY RECOGNIZE, APPROVE AND APPROPKIATE A PORTION OF THE MARCO ISLAND BEAUTIFICATION M.S.T.U. FUND 131 CARRY FORWARD AND RESERVES FOR LANDSCAPE MAINTENANCE EXPENSES. ~: To obtain Board approval for redistribution of a portion of Fund 131 Carry Forward and Reserves for Future Construction to Operating, so that the Marco Island M.S.T.U. can fund unanticipated landscape maintenance costs. ~ONSIDERATIONS: On November 7, 1997, a Purchase Order was issued to Enviromnontal Care Inc., for the continuing grounds maintenance of the Marco medians for FY 97~95. Due to operational funds not being in the correct object codes, the full amount of the maintenance contract, which inclu.:led waler truck operator costs of approximately $137,233.20, was not included with the November issuance of the Purchase Order. On February 3, 1998, the review of the monthly budget sheets supplied by the M.$.T.U's County Liaison to the Marco Island Beautification M.S.T.U. Advisory Committee and lo the Chairman of the City of Marco Beautification Advisory Committee resulted in con£trming that additional fimds would be required for the landscape watering effort for the remainder of the fiscal year. Included is the $54,000.00 in additional contractual sm-vices for the water truck operation and the reuse water for the additional watering requirements on the refurbished landscaped medians. Also, there are additional maintenance and potable watering costs, totaling $9,000.00, associated with ff, e landscape refurbishment activities at the South end of the Jolley Bridge on SR. 951. As indicated above, Staff did apprise the Marco Island Beautification M.S.T.U. Advisory Committee and the Chairman of the City of Marco ,Beautification Adviso~ Committee of the present situation. The M.S.T.U. Advisory Committee, with support of the City of Marco Island Advisory Comsnitt.':e, requests the Board to allocate Audited Carry Forward and Reserves for Future Construction from within the M.S T.U. Fund 131 to the ~,dditional watering and maintenance activities. ~,.CA~,.I~: Funds are available in Marco Island Beautification Fund (13 I-162540) Carry Forward and Resev,'es for Future Construction as follows: Budgeted F3' 98 Carry Forward (131-919010.4592001 Audited FY 98 Carry Forward (Feb. 18, 1997) Unrecognized Carry Forward Fund Balance Transfer From Carry Forward to Operating Carry Forward Fund Balance Reserves for Future Construction (13 !-919010-994500) Transfer from Reserves for Future Construction Reserves for Future Construction Fund Balance S206,900.00 $245,917.00 39,017.00 38.000.00 1,017.00 $ 25,400.00 $ 400.00 Requested distribution of Funds: Water and Sewer (131-162540-643400) Other Contractual Services (131.162540-634999) This will not affect Object Code 991000 Reserves for Contingencies Balance of S 18,100.00. S 13,500.00 S 49_500.00 S 63,000.00 _GROWTH MANAGEM'ENT IMPACT: None. HAR 2 1998 PG. I Executive Summary Marco Island MSTU Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners recognize, approve, and appropriate the requested $39,000.00 from Fund 131 Carry Forward and $25,000.00 from Fund 131 Reserves to the Marco Island Beautification Fund Operating and Capital Outlay and approve the required budget amendment(s) necessary to continue funding the PREPARED BY: REVIEWED BY: REVIEWED BY: Ed ll~chner :7 .........l& . l_ I ............... I EXECUTIVE SUMMARY APPROVAL OF BID 98-2781 FOR THE PURCHASE AND DELIVERY OF ONE TRACTOR WITH SLOPE MOWER FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY. O~E~IVE: Obtain the Board of Co~qty Commissioner's approval to award Bid #98-2781 to Creel Ford Tractor Company for the purchase of one Tractor with Slope Mower by the North County Regional Wastewater Treatment Facility. CONSIDERATIONS: The Tractor with Slope Mower is required for the maintenance of the banks of the. Facility percolation ponds. Invitations to bid were mailed to 59 prospective bidders on February 5, 1998. One responsive bid was r:ceived by the February 25, 1998 closing date. Creel Ford Tractor Company with a Bid of $72,950.00 was the low bidder and apparent winner of this bid meeting all of the minimum specifications. FISCAL IMPACT: Funds are available in Fund 408-233312-764990 to purchase the tractor with slope mower. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Board of County Commissioners Ex-Officio the Collier County Water Sewer District approve the award of Bid 98-2781 to Creel Ford Tractor Company for one tractor with slope mower at a purchase price of $72,950.00. I HAR 2 1998 Prepared by: Dennis Barr~ard,Chief operatorl N(~R~WTF Reviewed by: '-... TimOthy L."Cle_g.Jnons, Wastewater Director Reviewed by: S(eve Carfiell, PurchaSing Director Reviewed by: ~ Ed Ilschner, Public Works Division Administrator Date: ~-/3'~ Consent Agenda: 3/24/98 .! EXECUTIVE ~, UMMARY APPROVE A CHANGE ORDER 1tO WORK ORDER NO. WM BP FT-96-7 W1TIi WILSON, MILLER, BARTON & PEEK, INC. FOR ADDITIONAL SURVEY AND MAPPING FOR TIlE WIDENING OF GOLDEN GATE BOULEVARD PROJ. NO. 63041, CIE # 62 QBJ E(i?I'IVE: To obtain Board approval of Change Order No. 2 t'or additional survey and mapping for the Golden Gate Boulevard w~dening project (from CR-95 i to Wilson Blvd.). CONSIDERATIONS: County staffrequested the engineenng firm of Wilson, Mill~, Ba.non & Peek, Inc. to provide additional ~nvey data and photogran'~nc services n~ccssary for the dcsign of :his roadway widening project. The additional survey will: provide rr~asurcrnents for the preparation of legal descriptions tot temporary construction easetrm~ts; verify thc alignn'~rnt and elevation of portions of sur,'ey pcTformed by others and incoqx~rated into tMs work; provide suppletrm'ntal cross sections and locate structures at thc Big Cypress Elementary School; establish d~ailed locations of all intersections; and establish ground control and photogrametncs for the limits of'thc project. This additional ~ ofk is necessary, in parl. due to thc new typical section and shifting of the roadway 10' south to accom~a~e the Oty of Naples 36" Raw Wat~ Main (as pr~s:ntcd to the Board of Coumy Commission,s 9. i~7). ~e add,tidal su~'cy and mapping will ~abie s~afflo complete the rc-dcs~ and pro~y acqmsition in a ~re e~c~t, accurate and Italy mann~. FISCAL. II~IPA(~:T: Change Order No. 2 is in the amount of S38,140.00. Funds are avadabl¢ in the amount of S38,140.00 in Fvnd No. 338 Road Impact Fcc - Distr$ct 6, Cost Center N:,. 163650 Road Impact Construclion, Project No. 63041 Golden Gate Boulevard. Original Work Order Amount Change Order No. I (9,'17/96) Propo~d Change Order No. 2 New Work Order Amount 549,940.00 S 14,410.00 (addmonal survey for turn lane and drainage design for the once proposed 6 lane option) 538,14000 S 102.490.00 GROWTH M.-~NA~;EMENT IMPACt"T: This Capcal Improvement Elem,:m No. 62 ~s cons~stoa with the Transportation sub-Element of the Growth Managemcnt Plan. RECOMM£NDATIQN: Staffrecommcnds that the Board of'County Commissioners aplm'OVe Change Order No. 2 to Wink ~d~ No. WMBP ~-96-7 with Wil~, Miller, Barton & Peck, ~nc. ~n the a~unl of S38.140.~ ' '~ich~rd J~ Hcli~e~cl, P.E. ~.c.eM. s~ ~a M~ _ . Ed llschncr Public Works Administrator Attachmcm: Change Order MAR 2 q 1998 CHANGE ORDER TO: Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 33942 Project Name: Golden Gate Boulevard Change Order No.: 2 FROM: Collier County Government 3301 East Tamiami Trail, OCPM Bldg. Naples, Florida 34112 Project No.: 63041 Date: February 27, 1998 Change Order Description: (Attach jushficat:on and supporting documentation for th~s change.) Additional survey and mapping necessary, for the re-design of shifted typical section to accommodate Citys 36" Raw Water Main. See attached scope of services and schedule of fees, dated February 24, 1998, for this Change Order No. 2 Original agreement amount .................................................................. $ 49,940.00 Sum of previous change orders amount ................................................ S 14,410.00 This Change Order Amount [add] ........................................................ $_38,140.00 Revised Agreement Amount ................................................................... $102,490.00 Original contract time in calendar days ...................................................... Adjusted number of calendar days due to previous change orders ............ This change order adjusted time is ............................................................. Rea'ised Contrac! Time in calendar days ..................................................... Final 75 30 60 165 Original Notice to Proceed date ...................................................... Completion date based on Change Order No. I ............................. Revised completion date (60 calendar da)'s fi'om 3/17/'98 BCO June 7, 1996 Sept.20, 1996 May 16, 1998 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, ifany, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact Date: ~.~__.~,,~e' Date: ~/~o~' and delay costs./7 Accepted by: Riy~,~' P.E., Senior Protect l~Ianager [twell, P.L.S., Senior Vice President ~, Miller, Barton & Peek, Inc. /1 Approved by: ~ Authorized by: David Boba]~//:k, Transpl: Ill Use by Owner: Fund: (Fo~ ~ Center:. Date: Date: I - mation Services Director Object Code: Ihoject No.: HAR 2 ti 1998 , I~* FebruaO' 24 1995 Mr. Nyankadau Ko:ti, Project Mmager O~ce of Capit~ Projects Management 3301 East Tamiami Trail, Bldg. D Naples, FL 34112 RE: Additional Survey Services and Photogrnmetric Services for Golden Gate Boulevard CIE #62 . * ,,--'k.o L. 1 FEB 4 1999 UI"I'IL, r.. gr ~,~l'~ ~i.. Dear Mr. Koni: Per our scope meeting of January 26. '1995, please find herein a scope and fee structure for those services discussed related to Golden Gate Boulevard from SR 951 east to Wilson Blvd. (approximately 5 miles). Wilson Miller is in possession of a digital file containing topographic and horizontal locations along Golden Gate Blvd. from SR 951 to Wilson Blvd. This information was prepared by Coastal Engineering Co. for Collier County. The control base line idenffied in this file has been verified and used by Wilson Miller and is based on State Plane Coordinates. Wilson Miller's contract work for the County to e~ance Coastal's topo and locations are also based on State Plane Coordinates. Ao Co To verify' existing vertical con:roi and provide additional data at driveway locations along said route. We propose to 1) Verify the centerline of road elevations as shown on Coastal's file at + 200' stations; 2) Obtain new elevations at each driveway beginning at existing right-of-way line and approximately 50' towards each house for the County to compute slope requirements. If w~ concur with the centerline elevations shown by Coastal, Wilson Miller will assume that all other elevation data is correct and will insert that data into a Wilson Miller file as a deliverable to Collier County. If we do not agree with saic[ centerline elevations we ,.,,'ill notify the Project Manager at Collier County for their decision on how to proceed. Establish aerial target control from SR 951 to Wilson Blvd. at 900' stations for 1" = 30' photography. Approximately 30 targets in State Plane Coordinate System. Provide sub-consuhant services for Aerial Photography consisting of 1" = 30'. Plan and profile mylar sheets to include approximately 180 feet each side of the center of Golden Gate Blvd. (Approximately 30 sheets). WILSON, MILLER, BARTON ~ p£'_'.K, tHC. I~ Suite 200. Naples, Florida 34105-8507 ' Ph 941.649-4~0 Fx 941.~5J716 J 2 1998 WILSON c-::. M I LLER D. Provide cross section sheets simil~ to the Airport Road deliverable at +_./200' stations using Coastal Engineering topographic information provided to Wilson Miller. Deliver to County in AutoCad Version 12. E. Additional pond and structure locations with topo at Big Cypress Elementary school site on Golden Gate Blvd. F. Obtain elevations and locations of' edge of pavement at each intersection from SK 951 along Golden Gate Blvd. to Wilson Blvd. to identify returns from side streets into Golden Gate Blvd. (Approximately 16 locations per intersection, 19 ~ntersecdons. FEES (Lump Sum)F-man ~rew $95.00 per hr., Technician $55.00 per hr., Principal $135.00 per hr,, ~;urvevor W $90,00 oer hour Item # Fee A-I S 2,840 A-2 S 9,S60 B. $ 5,000 C. $13,865 D. $ 4,535 E. S 980 F. $ !,360 Total fee Wilson Miller = Total fee sub-consultant - Total Hours or Days 24 hrs. Tech (clean up) 2 day crew 8 hrs. Tech. 96 hrs. crew 8 hrs. Tech. 48 hrs. crew Sub-consultant 3 hfs Principal, 5 hrs. Surveyor W, 56 Technician, 2~ mylar sheet @ $; 3 00 each 4 hrs. Tech. 8 hrs. crew, dry detention area 4 hrs. Tech 12 hrs. crew (3-man) $24,275 $38,140 hrs. Th~s proposal represents the understanding Wilson Miller has in respect to this project. Ifyou have any questions or comments regarding this, plea. se do not hesitate to contact me. Work to be completed 60 days after Notice to Proceed. Sincerely, , LEK. BARTON & PEEK, INC. ~.Boutwe , . · · Senior Vice President c~:: Norm Trebilcock, P.E. Revised 2/24/98 AG~I~OA IT£# · IlAR 2 zl 1998 EXECUTIVE SUMMARY APPROVE A WAIVER OF ROAD AND EMS IMPACT FEES FOR THE NAPLES ART ASSOCIATION AND THE NAPLES PLAYERS ~ To present requests from file City of Naples and the Naples Players for an exemption from both road and EMS impact fees for new buildings to house the Naples Players and the Naples Art Association. ;;ONSIDERAT1ON$: The County has received several letters from both the City of Naples and the Naples Players requesting an exemption from road and EMS ;mpact fees for two new buildings being constructed within the City limits for these organ zations. Attached are copies of the pertinent correspondence (Attachments I through 4). The Collier County Road Impact Fee Ordinance and the Emergency Medical Services System Impact Fee Ordinance (Ordinance 92-22. as amended, and Ordinance 91-71, as amended, respectively, the "Ordinances") provide for certain specific exemptions from the imposition of road impact fees (Section 3.01 in each ordinance). Among the exemptions permitted are "...publicly-owned governmental buildings..." (Section 3.01.F. and 3.01(2), respectively). The Naples Art Association building in Cambicr Park and the Naples Players Playhouse adjacent to fifth Avenue South are the subject of 50-year lease Agreements with City of Naples. The City has the option to purchase the An Association building at the end of the initial lease term or at the end of any extension to the original term. The ownership of the building lies with the Art Association; however, the land upon which it sits is owned by the City. The Naples Players Agreement with the City contains similar clauses. Attachment No. 5 is a copy ora memo from the County Attorney's Office to the Planning Services Director which also sets forth the conditions under which an exemption to the Ordinances would be applicable. Staff seeks confirmation from the Board that the buildings to be erected under these leases are to be considered "government buildings" for thc purpose of creating an exemption to the provisions of the Ordinances. It is staff's opinion that under the termination options in the leases, the City will end up owning the buildir, gs and, therefore, they qualify for the exemption. The County Attorney's opinion leaves the final determination to the Board's discretion. FISCAL IMPACT~ If the exemption is granted, the Naples Art Association and the Naples Players will not be required to have impact fees calculated for roads and the Emergency Medical Services System. Staff has not calculated the value of the impact fees that would have been collected since there is no category for either an "Art Association Gallery/Headquarters" or a "Legitimate Theater" in either of the governing impact fee ordinances. These uses wmAd be considered for individual impact fee calculations and would be site-specific with respect to new trips generated and trip length. If the Board does not support the staff recommendation for an exemption, then staff will contact the organizations and request that they supply sufficient data to permit staffto calculate the individual fees. MAR 2 41 1998 Executive Summary Reque~ the BOard Approve a Waiver of Impact Fees Page 2 of 2 GROWTH MANAGEMENT IMPACT; N/^ ~ECOMMENDATIONS: Recommend the Board approve an exemption for road and EMS impact fees under Section 3.01 .F of Ordinance 92-22, as amended, and Section 3.01(2) of Ordinance 91-71, as amended and direct staffto implement the necessary documentation to effect the Board's direction. PREPARED BY:~~~ ~ DATE _~'__~_.~ ".._~ _~ ~.~." DATE..-_:'~. )~ REVIEWED BY: Di~c Flag~ Emergency Sec'ices Director - ' Le° g. Ochs, Sup~fi~iceS Adminis~tor Ed Ilsc~er, Public Works Administrator Attachmen[$: No.1 - Letter dated November 24. 1997, from Tom Kucl( tO Kelth Predmore No.2 - Letter dated November 2~,, 1997. from Ted Tobye tO Tom Kucl( NO.$- Letter dated November 15, 1997, from RiChard Woodruff to Robert Fernandez No.4 - Letter dated December ~9. 1997, from Robert FernandeZ tO Rlct~rd Woodruff NO.5 - Memo dated FeOruatY 6. 1998, from Heldl AshCon to Wayne Arnold COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENIqRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34104 November 24, 1997 Mr. Keith E. Predmore Keith E. Predmore Consulting, Inc. 1719 Trade Center Way Naples, Florida 34109 Subject: Naples Player's Theater Road & EMS Impact Fees Mr. Predmore: This is a follow-up to the meeting we had regarding the CounD"s Road and EMS Impact Fees as applicable to the Naples Player's Theater new faciliv,.' located in Naples. As discussed, neither the Road or the EMS Impact Fee Schedules identify a category, of building and occupancy such as the Naples Player's Theater. In order for the City of Naples Building Permit to be issued without delay and until such time that appropriate impact fees are established or a waiver of fees is granted by the Board of County. Commissioner~. I have instructed Mr. Bill Overstreet with the City of Naples to issue a Building Permit with a condition that the CO would not be released until the impact fee issue is resolved. As requested, you have provided the County a letter stating that Naples Player's Theater is agreeable to this condition. In order for the County to establish an appropriate fee for this usage you need to provide the following information: 1. Total square footage of facility 2. Seating capacity 3. Usage, i.e. number of days/week, ~veeks/year. etc. 4. Average trip length (distance traveled by average patron from residence to facility) Building Review & Permitting (941) 403-2400 Natural Reaoure~ s (941) 732-25O5 (941) 403-2440 Plannings. ~f4~x (941) Code Enforcement 403-2300 Housing & Urban lrnprovemen,~O~;ol~~ ~ IATTACHMENTNO._ / _1 m8 Il MAu~eo,~ In the event that the Theater dccides they want an exemption fi'om County Impact Fees, they will need to provide a written request to the County Administrator. Regardless, we will still need the preceding information. If you should have any questions, please feel free to contact me at 403-2400. Sincerely, Thorna~ £. Kuck, P.E. £ngineering Review Manager TEIG'den/ffl'omKuck cc: Vincent A. C.~utero, AICP Donald W. Arnold, AIC? Bill Overstreet, City. o£Naplcs THE NAPLES PLAYERS ,., \V./ ~~~ ~ ~ 3~ G~DLE~E ROAD SOUTH NAPLES, FLORIDA 33940 J ~ -~~ ~ I TICK~ OFF~E (813) 2~-79~, BUSINESS OFfiCE (813) 4~-7~0 CAX (813} 434-7772 '-~ ~"' ' R~C~.T~ November 24, ~. ~o~ E. Kuck, ~E. Collier County Govemmcm Engin¢~ng Renew Sewi~s Section 28~ No.h Horseshoe Drive Naples, ~ ~4104 Dear Mr. Kuck, This letter services as follow-up to the conversation between you and Keith E. Predmore, our Owners Representative on November 24, 1997 concerning impact fees for the Naples Players Theater project on 5m Avenue South in Naples. In attempt to insure continued progress on the Sudden Community Theatre project, The Naples Players Inc. agrees as follows: · There is currently no category of building and occupancy in County guidelines upon which to compute impact fees for the project. · A complete waiver of impact fees requires approval of the county commission. · Administrative delays as above jeopardizes the required completion date ofthe project. · An equitably computed impact fee, ifnot waived by the county commission, will be paid by the Naples Players, Inc. once it has been decided by the county staff. Based on the above agreement the City of Naples Plan Review Department will be notified by you today that the project may proceed through the permit process and be issued a permit pending the resolution of the question of county impact fees. Ted Tobye President I ©UALITY THEATRE Ko~r~h Jean P~ Jim R~ PatA~ A I J~tC~ ~Cot Wl~ ~ J. S~ ~K~ ~K~.k November 13,1 997 OFFICE OF THE CRY MANAGER Mr. Robert Fernandez, Collier County Administrator Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34102 RE: Naples Art Association - Impact Fees Dear Mr. Fernandez: In March of 1995, the City Council adopted a resolution authorizing a use agreement whereby a portion of the City's Cambier Park would become the building site for a new fine art center. By Council directive, the building permit fees of the City and all City impact fees were to be waived for this project. However, the County government's impact fees are not under the jurisdiction of the City of Naples and, therefore, were not addressed. I have informed the Naples Art Association of this fact and recommended that they contact you, should they desire to provide justification requesting a waiver of County impact fees. The president of the Naples Art A.ssociation is Elaine Vreenegoor, with Bette Young being the Chairperson of the project. Any courtesies which the County can extend to them in this matter would be greatly appreciated. Thank you for your continued cooperation on this and other matters. City Manager ATTACHMENT NO. -~ PAGE / OF / lAC. SIMILE (941) ~ Ttq~PHONE (G41) ~.~.-4~10 7"3S EIGI-CTH ~)TREE'T'. GOU'I'H · NAPLES. F'LORIOA .%1. I02-.S7G~ MAR 2 i 1998 Il MAR 'R q I COLLIER COUNTY COMMUNITY DEVELOPMENT AND EN'VIRONMENTAL SERVICES DIVISION PLANNING SERVICES December 29, 1997 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Dr. Richard L. Woodruff City Manager City of Naples 735 Eighth Street, South Naples, Florida 34102-6796 Re: Naples An Association - Impact Fees Dear Dr. Woodruff: This is in response to your recent letter regarding the Naples Art Association and asking what courtesies the County may be able to extend relative to a relief from County Impact Fees. The County would be pl~ to work with the Association in accordance with the terms of the impact fee ordinances as they apply to waivers or alternative impact fees. This information would be provided to the Board of County Commissioners for action. This letter is being copied to Bette Young, Chairperson of the project, with the suggestion that she contact Thomas Kuclc, Engineering Plan Review Manager (403-2400) concerning a request for alternative impact fees. He will advise her of the necessary information required from the Association in order to provide a request to the Board for alternative or waiver of impact fees. If we may be of additional services, please contact me at your earliest convenience. Sincerely, ~rt FJFemandez ~' County Administrator Bette Young, Chairperson, c/o Naples An Association, 643 - 5" Avenue South Vincent A. Cautero, AICP, Community Dev. & Environmental Svcs. Administrator Donald W ,'~',uld, AICP, Plmmi:,g S~rx, ices D,.pa[~ment Director Thomas E. Kook, P.E., Engineering Review Manager ILFT/TEK/md/NAPLES ART ASSOCIATION Building Review & Permitting (941) 403.2400 Code Enforcement (941) 403-2440 HouJing & Urban ]mprove?-~t taA~ ~nq_o~,~O IPAGE , , / OF ! Natural Resources (941) 732-2505 OFFICE OF THE CO UNTYATTORNEY INTEROFFICE MEMORA~'DUM To: Frtnn: Date: Re: Wayne Arnold, Planning Services Director Heidi F. Ashton, Assistant County Attorney February 6, 1998 Impact Fee Waiver for Governmental Building ILLS No. PLS98-01-21-35 In your request for legal services, you asked whether a building (the "Art Center") constructed by the Naples Art Association, Inc. (the "An Association"), a not-for profit organization, in Cambier Park which land is owned by the City of Naples, is exempt from the payment of road impact fees? Section 3.01F of Ordinance No. 92-22, as amended, provides an exemption for the conduction of publicly-owned governmental buildings. If the building constructed by the Naples Art Association, Inc. is a governmental building, then no impact fee would be due. The Use Agreement dated April 4, 1995 between the City of Naples and the Naples Art Association provides that upon the expiration of the Agreement, if the Art Association does not desire to extend the Use Agreement, then the Art Center shall become the property ofthe City at no cost to the City. If however, the An Association desires an extension, and the City does not agree to an extension of the terms, then the City may purchase the An Cente/under the terms of paragraph fifteen of the Agreement. Since by the re, ms of the Agreement, it is unclear whether the City will purchase the building or whether they will own it at no cost to the City at the end of the Use Agreement, it is my opinion that it does not qualify as a government building. We have previously opinioned that a building is a governmental building if it is under a long re,, lease which provides that at the end of the lease, the building becomes the property of a governmental entity without conditions. However, you may desire to take this to the Board of County Commissioners for their determination as to whether the Art Center, subj,", i i~, 50 year use ar,'angement, is a government building because of the long teiii~ nature of the arrangement. Please feel flee to call me ifyou have any questions. CC: David C. Weigel, County Attorney ATTACHMENT NO.- PAGE , r' OF EXE~ SUbEHARY AWARD WORK OROER ~q~4'BP-FT-91Lf,. rO WILSON, ~ tILLER, BARTON & PEEK, LNC. AND WORK ORDER BSW-FT-gg-4 TO P. '~ PANY, SCIL'MITT, WEAVER AND PARTNERS, INC. FOR DESIGN SERVICES RELAIEO TO TIlE GOLDEN GATE FITNESS CENTER, PROJECT NO. 80114 OBIECTIVE: To initiate ~he design phase of the Golden Gate Fitness Center expansion by awarding professional engim:cring and arckitectwal services to Wilson, Miller, Barton and Peek ~ B, zrany, $chmitt, Weaver stol Pzrmer~, respectively. CONSIDERATIONS: The Board of County Commissioners approved ~h~ creation of a ~ Csat~ Fitness Cerner at the Golden C.~te CommunRy Park ~h~s fiscal year. The I~OjCC. t i~cludes a 5,000 squa~ foot expansion of the exiatmg community center to add a nur~'y, fime~ ~ and nembk: mom. Professional engineering md arcMtectural services are requLred to ~ovide the necessary design amd consma:tion documerns. Services to be provided by both firms include: · programming ~-rvic. es such u ~ite Md facility hyout · design ~ permit~g · bidding assistance and construction phase services The engineering services Work Order for Wilson, Miller, Barton & Peek is for $30,700. The ~rchitectural services Work Order for Barany, Schmitt, Weaver and ~ b for $32,200. Staff has reviewed the gope and fee proposals submitted by each fizm ~ml faxh them to be corn~te w~th the expected level of effort. FISCAL LMPACT: Funds in the amount of $62,900.00 are available in: 368 (Naples and Urban Collier Parks Impact Fee District) 116360 (Parks Capital Projects) 80114 (Golden Gate Fimess C~nter) GROWTH I~LANAGEMENT IMPACt: None. RECOMMENDATION: That thc Board of CoL,nty Commissioners award W,xk Order WMBP-FT-98- 5 to Wilson, Miller, Barton and Peek, Inc. and Work Order BSW-FT-g8--4 to Barany, Scl-anitt, Weaver and Partners, Inc. for professional engineering tad architectural services, respectively, for the Golden Gate Fimess Center and authorize thc OCPM Director to execute said Work Orders. Adolfo A. G~azalez, PE, ~pit~rojecu Dkector lV~Lrla Rarnzcy, Parks a~nd Recreation Director Re~iewed~.~:~ Fxl II~:hn~k~ Administrator Date: Date: $/l ~/'~ ~' ! A.PPROVE CHANGE ORDER NO. 2 TO MITCHELL & STARK CONS'I'RUCTION COM1~ANY, INC. FOR TtiE RECLAI~IED WATER T~'ANS]~flS$1ON blAl~ FROM QUAIL CREEK TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PHASE II, CONTRACT NO. 9%2674, PROJECT NO. 74008. ~ That the Board ofCounty Commissionerx, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Change Order No. 2 to complete the service connections to the Vineya~ and reconcile quan~ifies. CONSIDERATION; This change order was anticipated at the time the contract was bid; however, staffeleaed to not include this work in the bid package to avoid delaying the connection lo the injection wells at the North County Regional Water Treatment Plant. The agreement for reclaimed water ~-?vice between the County and the Vineyards specifies four points of service to the Vineyards. Three of the service points were installed, with manual operation, u,gder Phase I. Change Ch'der No. 2 will convert manual valves to electric actuated valves for operational enhancement and will provide the electric power needed to operate these service connection points. Change Order No. 2 also includes the additional piping, valves, operators, and electric service required to provide the fourth service point. In addition, change Order No. 2 reconciles estimated bid quantities with the actual quantities for completed items. Original Contract Amount: Change Order No. 1 Amount: This Change Order No.2 Amount: Prcgosed Contract Amount: $1,132,915.:51 $ 10,586.40 (Changed fie-in location) $ 44.738.47 $1,188,240.38 FISCAL IF~IPACT; Funds for this Change Order in the amount of $ 44,738.47 are available fi'om: Fund 413; System Development Sewer Impact Fee Cost Center 26361 I; Combined Sewer Capital Projects Project No.74008; Reclaimed Water Main Quail Creek to NCRWTP. GROV*rFIt 5IA~NAGEMENT IMPAC'~: None. RECOMMENDATIONS: Staff'recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve, and 114AR Vt..,./1998 Executive Summm'y Approve Ch~ge Order No. 2 Page 2 authorize the OCPM ~ to execute, Change Ordcr No. 2 to Mitchell and Stark ~ction Company, Inc. for Ccrntract No. 9?-26?4, Reclaimed Water Transmission Main from Quail Creek to the North County Re//onal Water Treatment Plant, Phase II. Ron~ F. Dillard, P.E., Project Manager Office of C~ital Pr~ects Management REVIEWED BY: AdoltoA- ~lez,..~., Dqector Office of Capital Projects Management DATE: Timothy L. Oe~ons, Wastewater Director REVIEWED BY: ~ Ed Ilschner, Public Works Administrator RFD:rfd cc: Tim Clcmons, Wastewater Director DATE: CHANGE ORDER TO: Mitchel) & Stark Construction Co., Inc. FROM: Colli~'r ("ounty Government - 6001 Shirley Street 3301 East '£amiami T~ai!. OCPM Bldg. Naples, Florida 34109 Nagles, Florida 34112 Project Name: Reclaimed Water Transmission Main fi.om Quail Creek to the North County Regional Water Treatment Plant, Phase 1I Construction Agreement Dated: August 4, 1097 Bid No.: 97-2674 Change Order No.: 2 Date: March 9, 1998 Change Order Description: 1. Add electric valve opcra~ors and electrical services to the ihree existing service points at the Vineyards. 2. Install an additional service point, including electric, at the Vineyards. These changes will result in the following changes to the Pay Items: Add Item 25. Electric' Valve Operators and electric sen'icc to 3 sen'ice points Add Item 26. Additional service point including electric 21,340.55 18,992.12 For a net increase of S 40,332.67 in the Contract Price. These changes will result in the following changes to the Contract Time: Deliver Opera~ors: 8 weeks + Installation: 2 weeks = 10weeks (or 70 days). 3. Reconcile thc estimated bid quantities with the actuai final quantities for the completed items. These changes will result in the following changes to the Pay Items: Item Ouantitv Chanee '0 N, Add ~ Base Bid 1 2 69.5 4 5 22.5 7 1 9 1 11 3 13 Alternate 1 1 28 2 3 6 Alternate 2 2 I Urjit Total Chan~es __ Unit Description Price plus Minul; 145 LF 20" PVC Pipe (C-905 DRI 8)' 37.66 LF 20" PVC Pipe (C-905 DR25) 29.44 $ 2,046.08 20 LF 20" Ductile Iron Pipe CL 52 61.47 LF 12" PVC Pipe (C-900 DIL25) 23.92 $ 538.20 EA 12"Gate Vah'e with Plug 988.00 $ 988.00 EA 20" X 12" Tee 1,578.00 $ 1,578.00 EA Conflict Box 2,384.00 $ 7,152.00 22 LF Jack & Bore 36" Steel Casing 193.00 40 LF 20"PVCPipe(C-905DRIS) 43.84 $ 1,227.52 LF 20" PVC Pipe (C-905 DR2.5) 34.34 LF 20" Ductile l'mn Pipe CL 53 61.45 $ 368.70 EA 16" Gate Valve 2,817.00 $ 2.817,00 5,460.70 1,229.40 $ 4,246.00 $ 1,373.60 SUBTOTALS: +$16,715.50-S12,309.70 For a net increase ors 4,405.80 in the Contract Price. Change Order No. 2 Page 2 Original a~rcern~t amount ............................................. S Sum of previous change orders amount ........................................... $ This Change Order Amount [add] ..................................................... $ Re'v~ed Mgrecment A mount ............................................................... $ 1,132,915.51 10,586.40 44,738,47 1,188,240.38 Original cortract time in cal~dar days .......................................... ~.-120 Adjusted number of calendar days due to previous change orders ..... 45 This change order adjusted time is ........................................................ 0 RevVed Contract Time in calendar days ........................................... 165 Final 150 45 70 265 Original Notice to Proceed date .................................................. 9-2-97 Compk-tion date based on origirml contract time ........................ 12-31-97 Revi~ed completion date .............................................................. 2-14-98 1-30-98 5-26-98 Your acceptance of this change ord,,a' shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same w~e r~ea~ed in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final senlement of any and all claims ofthe Contractor arising out of, or related to, the change set forth-herein, including claims for impact and delay costs. Ro~CPM Project Manager Recommended by: Date: 13 Jef~a'~/~on, P.E., Design Professional Accepted by: Date: Brian Penner, Vice President Mitchell & Stark Construction Company, Inc., Contractor Approved by: Authorized by: Adolfo A. Gonzalez, P.E, OCPM Director Timothy L.kC~emons, Waslewater Director Date: flor Use by Owner:. Fund: 413 Cos! Center:. 263611 Object Code: 763 ! 00 Project No.: 74008 ) G:',Forms~Char. g,' Order Ma:,-r. doc Revised 0L03,98 AWARD BID ~)7-2750 FOR BACKFLOW PREVENTION ASSEMBLIES AND ASSOCIATES MATERIALS OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, award Bid #97-2750 for bacldlow prevention assemblies and associates materials to Ferguson Und~n'ground as the primary vendor and Hughs Supply as the secondary vendor. CONSIDERATIONS: 1. The Water Dcpa:i~uent opeme~ water facilities to serve the cu~omcrs ofthe County Water/Sewer e This bid provides for thc purcka~ of b~elklow prevention assemblies and associated materials for the Water Delaartment. Thes~ supplies are r~quired for installation of new services and the rca'ofitting of existing services as required by Ordinance No. 97-33. 3. Bid ~97-2750 for beckflow prevention supplies and associated materials was posted on December 12, 1997. One-hundred and fourteen inquiries were sent to vendors and eight bidders responded. Staffhas r~'ic~! the bi~ r~.eived. Awards aze recommended on an ovend] bid basis. The prim~7 vendor will be the low bidder, Ferguson Undersround and se.c. on~ vendor will be Hughs Sut:91y. ' FISCAL IMPACT: Estimated annual expenditures for the supplies covered by Bid #97-2750 is anticipated to be S180,000. The actual cost is dependent upon the number of new service installations requiring backflow devices, as well as, the number of existing connection retrofits that can be accomplished by Staff'. Funds are budgeted in Water Distribution cost center 408-253212. Actual expenditta'es under this bid may vary. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That ~he Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, a~ard Bid #97-27:50 for Backflow Prevention ~blies and A~:giated Materials to Ferguson Undergrou:~d as the primary vendor and Hughs Supply as the secondary vendor. ward N. Finn, ~nterim Water Dh-~"tor Stephen"Carnell, Puff'chasing Director Approved Ed Ilmhner,'3~ublic Wor~ Adminim'ator Consent Agenda March 24, 1998 Unit Cos~ Totd 0c~ I~OU $. V;' Dc~ble C~eck Valve Assembly O Unit Cost Tocll Cos~ 3J0U Mr/,. Pm # ~. 1" Double Chi~..k Yel~e Assembly Unit Cost Totzl Cost 50U ?. i ~" Double Ch~k Valv~ Assembly Unit Co~ To~l Cost 50U I. 2" ~ble ~ Valve Un~ ~ T~! ~ $0U Un~ ~ T~ ~ I 0. ~ !" ~ x F~le Unit ~ T~ ~ I ~r~ Unit ~ T~I ~ 75U 1 I 12'Adai'~et2"C°prer~Femaleunit Cost $ ~/~/-~ $ /]'/i~ ........................ - $ '/~/"~ $ '~i'~' .... Total Cosl 7.~U $ ........... $ __ $~ ~ S ..... $ S S S S S S S S S S S S S S S S S $ S s I S I $ i s '\./ s ~,' s . s s s ,/" 13. Adap, et %" Copper x Mile Unit Cost S S ...... Total Cost ! 200U S S Mrg. Part# Unil Cosl S //~/.., S Total Cost $OOU S S Mqt. ~ # 15. Adaplcr I ~' (.*eq~er x Male Unit Co%t 'Focal Cost 500U $ __ $ MrS. 16. Adapter 2" Copper x Male Unit Cos~ $ /'/-- $ Total Cost 200U $ $ MrS. Part # I?. Adaplerunit Cos~ %'. Copper FTC} x Female $ A~.,/r/'~ $ Total Cost 400U $ $ Mrs. Pan# Il. Adapter 1" Copl~"t FTG x Female Unit Cost $ ..... J:/l.) $ Total Cost ! 00U $__ $ Tocll Cos~ SOU S S Mrs. 20. Ad.pter2"CopperFTG x Femaleunit Cost S ~//~/~ S To~al Cost 50U $ Mrs. em # 21. Adaplew %" Copper F'TO x Male / Uni~ cos, s /'I/~[~ s To~al Cost 400U $ .......... S Mf~. Parl # 22. Adapler !" Copp~ iq'(] x Male /.~,~ Unil Co$~ $ Tc~al Cosl IOOU $ ........... ~.4 e:, mr1# 23. AdapCc~ l'/,"CopperFTGxMale S /~'/'(' Unil Cost Total Cosl .~OU $ Mtg. Part # ...... 24. Ad31'~e~ 2' Ccwppe~ FTG z Male Unit Cers~ To~al Cost 50U 25. C~ling '4" C~ C x C whh Sl~ Unh T~i C~ I~U Mf~. P~ ~ 26. C~1in~ I" C~ C ~ C ~hh Total C~ 9~)t I 27. C~plln[ I ~' C~ C · C with Slop Uni~ Co~ ~r~. Pad ~ 2[ C~plin~ 2" C~ C x C with Stop Unit Cost Tmal Co~ I ~U MrS. pt~g ~" C~ C x C w/out Stop Unit Cost Total Co~ 750U ~0. Coupling l" Corer C x C w/out Stop Unit Cost Total Cost i ~U Mf~. P~ J !. Couplinl I ~" C~ C x C S~ Unit Co~ T~al C~ I ~U Mf~. Pad ~ 32, C~plin~ 2" Co~ C ~ C w/om Slop Unil Tolal Co~ 3}. E~w ~' C~ 90 C x Fem~le ELL Unil C~t T~al C~ 12~U ~4. Elbow I' C~ qO C x Female ELL Tolal C~ 250U Mfs. Pa~ ~ S ~ S__ S S S $ I $ i , S , ~0 S $ Z. tz,~ - s T, f9 $ _ $ -- $ _ $ $ $ $ $ $ $ ,, s_ '- 5. Elbow I '4" Cc~'~c~ qO C x Female ELL Unit Cost Total emi I ~U Mrs. 36. E~w 2" C~ ~ C x F~aI{ ELL Unit To~! C~ I ~U El,I. Un~ C~ Total C~ 4~U Mrs. 3S. El~w I" C~ ~ FTG x F~ale Unit C~ Tmal Cost I~U 39. El~w I '~" C~ 90 ~G x ELL Unit Cost To~al C~ 100U ~0. Ei~w 2" Cop~ 90 ~G x F~malc ELL Unit Cost Total Co~ 50U 4 I. El~w ~" C~ 45 C x Fcmale Unit Co~ Total C~ f0U 42. El~w I" C~ 45 C x F~ale Uni[ C~ Total C~ 50U 4~. El~w i %" C~r 45 C x Female Uni~ Co~ T~I Cmt 50U 4~. F~bow 2" C~ 4~ C x Female Unit Co~ Total C~ 50U Mfg. 45. El~w 'fi" C~r q0 C x Male Unit C~ Total C~t 250U Mfg. Pad s (.d .. s. , - ' s ~"/d s S S .... $ S s ~//,~ s $ $ ..... $ /1//~s ~¢"' s ' - S- i600- s I S S S , S S- S s ~.tg 46. Elbow I' C~ 90 C x Male Unh Cost Total Cost Mfr. P~ ~ 47. Elbow I '/~' Copper 90 C x Male Unit Cost To~al Cost SOU Mfr. Part # 4[. Elbow 2" Copper ~0 C x Male I Init l'cdal C~ Mr~ P~ ~ Uni~ C~ T~I C~ ~OU S S $ S S $ $ 50. Pol)~e~ Co~ctete and Fibet$1ass Me, et Box ~d C~- I I'x24'xl 2" Un~ C~ S S To~l C~ 250U S S~ . & ?r~ ~ ~ ..... ~~--. - ~K ~ Rilld Tubing '/,' 20~ Uni~ Co~ S S S ~ S s ~1,~'~ _ s _T _._' CZ L- s I?. ~,~' s. $ -t ~'z. ~o s To~ai Cost 1 SOU Mrr. Part 52. K Copper Risid Tubin8 i" 2011 ienFhs Unit Cost Total Cost 75U Mfr. ~]. K C(~q~r Rigid Tubin$ 1%" 2011 Imrths Unit Cost Total Cost 35U Mrr. Pan# .M. K Copper Rigid Tubinl 2" 2011 Icngths Unit Cost Total Cost 3 $ U Mfr. Pan # .~5. V,'ye Strain~ Unit Cost Total Cost 60OU Mfg. Pan# .~6. W)'e Strainer i' Unit Cost Total Coil I .~OU Mrg. Pan # s ~'~. ~ I s ,.. s ~*s:n2 s_ ¢~- s t.~7-- _ s $_ . ._ s S S S S $ $ S !0. ?5' s._ $ $ S S $ VENDOR NAM~ II Ii II Ii ,-A-'J', ~ i',/ ~ .~?. Wyc ~;~i;~t I ~" Un3. Cos~ To141 C~ I ~U 58. W~ St~ 2" ~n~l C~ Tmal C~ I~U 59. N~-w~ ~lexlil~ {Sil~and Unit C~ T~nl ~ 2~ I M ~g. Pn~ ~ f~. %" ~ C x C ~!.1. Unil Cml Total C~t I ~U 61. I'~CxC ELL Unit C~t T~I C~ ~mU 62. I ~"~CxC ELL Unit C~ T~I C~ 30U Mf$. ~3.2" ~ C x C EI.I. Unit C~t Trail Cost 30U s $ S S $ S ,, .... :!;:..: '.,/ s.. s ..... (~- s Total Base Hid Prompt Pa}Tnent Terms: Addenda Acknowledged: $ $ __% __da)'s __% __days __% __days Nel ~da)'s Net ;10 days Net,,-30 days v£s .,~No ~v~s No ~s ~o N___.~;~ days 9 days YES NO WITNESS: 'No [~' received flora: Phillips & Jordan. Commcrci;,I Propane R(,,, G. Precup. Jr.. Purcha.~ing Technician AWARD PROCEDURE: C~pie.< ef nil rmi~,snls and 'rnhulnti¢,n.~ fi,r thi~ hid I,nvc ~cn fi~rwnrdcd tn Ibc i~hlatlng d~m~l. Afl~ all ~o~als ~e ~l~led. Ibc rec~mmmdalion ~f award will ~ ~t~ed {?pirnlly on Wedne~da)' ot lhur~a)'} oul~ide Ihe o~c~ of I~ ~1 I~anmmL ~im Io ~ ~lati~ ~fawmd Io Iht B~ard of Count} Commi~icmcrs. l'n~ics inlctcxlcd in Iht MIIuS of the nwmd ~ ~ C~l~ I~ ~lnI [~1 e 941~74-R42~ lo v~i~' I~ ,racial ~tnt,q uf cnch CtilllfflCt. RIIh~cquclll lo I~ the awa~ will ~ ~i~ tABULATION FOR BID #97-2750 POSTING DATE: 12-1_.2-97 ackflow Preventk, n Assemblies and Associated Materials" VITAT1ONS SENTTO: 114 Vendors OPENING DATE: 1-21-98 I I I I I I I. ~A" RPZ Assembly Unit Cost Total Cost 500U MrI. 2. I" RPZ Assembly Unit Cost Total Cost 75U 3. 1%' RP7 Assembly Unit Cost To~al Cost SOU Mrs. Pm # ,I. 2' RP7 Assembly Unit Cost To~l Cost 150U lq ri,. Part # S. ~" Double Check Valve Assembly Unlt Cos~ Total Cost 3.~0U 6. I" Double Check Valve Assembly Unit Cos~ Total Cost SOU 7. I W' Double Check Valve Assembly Unit Cost Tolal Cost 50U L 2' Double Check Valve Assembly Unit Cost Total Cost SOU Mrl. Part # 9. Adapter ~" Copper x Female Unit C~ Total Cog 500U 10. Adapter I" Copper x Female Unil Cost Total Cost ! 00U I I. Adapter ! ~" Copper x Female Unit Cog Total Cost 75U Mrl. s "z!O.'~? s /fl- s I?-~,s-P s S :~H.s'S' S c.iH, ~3' S Hr.'-/?- S il.l, 2& S q 1,30 S ~'t.S'F' $ s &,.~.~- s '~,~TF~ s ,~,~zi. sT~ S s /Cl.'Il s S qS'.<' -- S ~ 79'- S S 3'~ S'-- ,'-o3 - -'7'." t ,-- ~ F S__.~._.=. _ _ S S ~-~ S f s r,, - S S.. I 9t--. S '1~'}'.~?~ S ~ t.,O- S S Unit Cosl 13. Adapict %~ C~ · Male Unil ~ T~I C~ 12~U 14. A~ I' C~ x Ma~ ~ C~ Tmal C~ ~r~. I ~. Ada~ I ~4' C~ s Male Uni~ C~ Tmal C~ S~U Mfl. Pm [ I&. Ada~ 2~ C~ · Male Un~ C~ T~! C~ 2~U MFD IT. A~ %" C~ ~G · Female ~k C~ T~! C~ ~U MfK. P~ ~ lg. A~ I ~' C~t FTG x F~ale Unfl C~ Total Co~ ~0U Mfg. Pm [ 20. Ada~ 2' Co~ ~G x Female Uni~ Cost Total C~ 21. A~ %' C~r ~G x Msle Uni~ Cost Tmal Cost 4~U 22. A~ I' C~ ~O x Male Uni~ C~ Tmal Co~ i ~U To~! C~ 50U s g./,$ s z.s3° s-'T, ~' ~-'~'~~ s GO'I' I '1~" r s "4-. S'Y s q. ?.b , s 37q- s._ ~.cn~- z- I'/,' s I0. Og s ].~o s 3.61 s ~.s:. S S $ S S S S S S $ / s t/ S S s H. zfl S s s ¢~- s ~'.z~- S s ~.02 s .~s'r - s '2.£1 S 2f'l --' s q. Yt VENEK3RNAME I 5~'K~cV I U~r~r~u~ I I Surf'[ I _".t Adapt~ 2" Copper £TG x Male Unit Cast To~al Cost .SOU 2~$. Couplinj '/,' Copper C x C with Stop Unit Cost Total Cost 1000U Mtg. 26. Couplinj i' Copper C x C with Stop Unit Cos~ Total C~ 71)OU Mrs. Pan # 27. Couplinl I ~/~" Copper C x C with Stop Unit Cost Tmal Cosl I SOU Mrl. Pm # 21. Couplinl 2" Copper C x C with Stop Unit Cosl Tmal Cost 100U Mrl. Pan # 29. Couplinl %" Copper C x C w/out Stop Unit Cos~ OTo~l Cos~ ?50U .~0. Couplin~ I" Copper C x C w/out Slop Unit Cost Total Cosl I O0U 31. Couplin~ I ~' Copper C x C w/out Stop Unit Ccm To~l Casl IOOU Mfl. Pan # :}~-. Couplinl 2" Copper C x C w/out Stop Unil Ccm Tmal Cos~ ~OU Mrj. Pan # 33. Elbow %" Copper 90 C · Female ELL Unit Cosl Trna! Cas~ Mrs. Pan # : ~. Elbow !' Copp~ o0 C x Female El .L Unit Cos~ Tmal Cos~ 2.~0U MrS. Par~ # L.TI S ,~'1 S .;~ S s I.~G s .~l s S { U(. ~ S 73- S (,.OI- i " s 3. (-I s s 'z.:?_ s 1.~1 1£? -S- :/," c:f: q~: S S 2~-- s ,q~ S L.(7- S (. ¢~ S I/Y6- , S I S s S .?J s s i,i"- ' s I,/-z s q.~i .... S I, 14AR ~,/- 199S 3:5. Elbow 1%" Cc~I~'t 90 C x Femnle ELL T~al Cost I~U S.~ ~6. E~w ~" C~ ~ C s F~ale ELL Toul C~ I ~U S I. 0 ~ ~-- S I ~ J~ S 37. El~w %" C~ ~ ~G x Female El.i. / / Tmal C~ 4~L' S S S Mfl. P~ ~ 38. E~ i' C~ ~ FTG x F~ale ELL S T~I C~ i ~U S S S Mfj. Pm ~ 39. El~w I ~' Cep~ 90 FTG x Female ELL u.i,c , s [( s s T~al C~ I OOU S S S MrS. Pan e 40. [~w 2' C~ ~ FTG ~ Female ELL Tml C~ }OU Mtg. ~, 41. E~w %'C~ 4~ C ~ Female 42. E~w I" C~ 45 C x Female 43. E~ I ~" Co~ 4~ C x Femnle j T~I C~ ~OU MFI. ~ ~ ~ t"t i't:' Unit C~ S~_ Tmal C~ ~OL' Mfg. P~ ~ : ~'~ · r · aS. El~w %~ C~ 90 C x Male Mtg. ~ ~ '~'~. '1- '&' c ~, '1,: ,¥ .... IL_ .... VENDORNAME I .<,.'mY I ~'~o~v;,, I I $~f~y I I · 16. Elbow I" Copper 90 C x Male ! Init Cost Total Cost '75U Mf~. panll 47. Elbow 1 '~' Copper 90 C x Male Unit Cost Total Cost 50U 41. Elbow 2" Copper 90 C x Male Unit Cost Total Cost .~OU Mrg. Pan # 49. Polymer Conct~e and Fiberglass Meter Box and Cover- ! l"x32"x12" Unit Cost Total Cost 550U .~0. Polymet Concrete and Fiberglass Meter Box and Covet- I I"x24'xi2" Unit Cost Total Cost 250U tK Copper Rigid Tubing V," 20fi Unit Cost Total Cost 1 SOU Mfj. Part # .~2. K Copl:,et Rigid Tubing I" 20fl lengths Unit Cost Total Cost '75U Mfg. Pan// 33, K C~p~ Rigid Tubin~ 1%' 20fl kn~s Unil C~t Total C~ 3~U MrS. Pm ~ ~4. K Copper Rigid Tubing 2" 20fl lenglhs ."c~a, :r-[~%° I'-/': CO I: S 2. Ult,.' - S I ,~'-' S ' S ~c2.tL~ s ii. ~'1 I VENLR)RN.AM£ I ' ~fi'c¥ -.r~i~'~q I I 5;£PZ 1 I I I I ~ I ~ .~?. Wyc SIminet I Unit Cost Total Cost ! 00U 51. Wye S~ineT 2" Unit Cost Total Cost '100U 59. Non-woven Geotex~:ies (SiltGand Sctetning) - By the Roll 12fl x 360f~ Unit Cos~ Tm-~l Cost 2U MfB. Pan 60. ',," 90 C x C ELL Unit Total Cost 100U Iqf~. Pan 61.1'90 Cx C ELL Uni~ Cos~ Total Cost 60U Mf~. Pan~ ~2. I ;~ 90 C x C ELL, Unit Total Cosl 30U hit's./)an 63.2" 90 C x C ELL Unit Cost Total Cos! .~ 0U Mfg. Pan s 'g~.~C, s lq-?9 s /~f,/4? s /r<.~,3 Total Base Bid S S S Prmni~ P~Tnem Tern, s: Addenda Acknowledged: % days % days N~ ~9 days Net ~0 days __YES __NO ~ YES NO WITNESS: Bids' received from: Phillips & Jordan. Cpmm~rcial Propane ',i days __% __ days Ne, . ~0 days Net/,,/~.9.._ days ~'YES __NO ~ ~S NO RanG. ?r¢cup, Jr.. Purchasin~/T~chnician / PROCEDURE: C~pics of all PrPl~,snls and l'3~l~iens fm tl,,~ hid have ~ fon~ardcd to the initiating d~mmL ~ ~I ~e ~'alm~. ~ ~c~m~d~i~ efa~ard ~i11 ~ ~tcd (t~picall~ pn ~Vcdncsda~ ,,r 1 hurray) outside t~ o~c~ of~ ~l EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 4 WITH CH2M HILL FOR THE PINE RIDGE ROAD IMPROVEMENT, PROJECT NO. 60111; CIE 41 OBJ-E~: To receive Board of County Commissionem' approval of Supplemental Agreement (S/A) No. 4 for Pine Ridge Road six laning improvements. CONSIDERATIONS: The firm of CH2M Hill has performed right-of-way, ~urvey update, des/gn modifications, and proj ec~ coordination services in the coordination of the Livingston Road design as reque~ed by Collier County. These services were beyond the Contract services. CH2M Hill i~ alto reque~ed by Collier County to revise and amend the plans to include the N~pa Boulevard turn lanes, the Realignment of the Northbound 1-75 Off-Ramp, turn lane~ to the proposed fire gation, Cypre~ Glenn, La Casta, and the proposed gas station at Whipporwill Lane, in thc final design drawings. In addition, Collier County has requested CH2M Hill as the designer, to provide services during the construction phase of the project in assisting Collier County in resolving design issues that might come up during construction. These services are not part oft.he current .w. ope of services. Therefore, staffrecommends this S/A No. 4 be approved to compensate CH2M Hill for services rendered, incremental costs incurred after the expiration of the 365 contract days, and have CH2M Hill perform thc requested design, and construction engineering services. Orio;inal Contract Amount: S/A No. 1 S/A No. 2 S/A No. 3 TI'ds S/A No. 4 Proposed Contract Amount $395,365.00 $125,000.00 - Extend design ~ope to Logan Blvd. $ 9,291.00 - Aerial Photography services. $194,420.00 - Utility and 1-75 ramp modification design s~vices. $191,065.00 $915.141.00 .~~ FISCAL IMPAq:T: Funds in the amount of $191,065.00 are available in: Fund No. 331 Road Impact District No. 1 · Cost Center No. 163650 Road Impact Construction ~,~ Project No. 60111 Pine Ridge Road GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is consistent with the Tran, ;'.~rtatioa ~ub-element of the Growth Management Plan. RECOMM]~NDATION: That the Board of County Cemmissione~: (1) Authorize and approve S/A No. 4 to CH2M Hill in the amount of $191,065.00. (2) Direct the Board Chah an to execute S/A No. 4. PREPARED BY: ~~___ P.E., PMP Micah K. M~s~quoi, Project Manager, OCPM Date: .,.~/~/~ Attachment: Three (3) original copies - S/A No. 4 Date: Date: ~ '/~-~ Project No. 69101 S/A NO. 4 .~t ,YPLE' ff:N I'AL AGREEMENT TO CONSUL. :NG ENGINEERING SERVICES AGKEEMENT THIS SUPPLEMENTAL AGREEMENT, made a~d entered into this day of 1~8. by and be,,,,~n the Bo~-d orCounty Commissioners, Collier Countyl Florida, a political subdivision'of the Sta~e of Florida, hereinafter called thc COUNTY, and CH2M Hill o1'4350 W. Cyprus Strtct, Suite 600, Tampa, Florida 33607-41 $$, duly authorized to conduct business in the State of Florida, hereinafter called thc CONSULTANT. WITNESSETH WHEREAS, the COUNTY and CONSULTANT heretofore on 19 April 1994 entered into an Agreement whereby the COLD,"I'Y retained the CONSULTANT to furnished ctr~tain consulting services in connection with proposed cormruction of C.R. 896 )ix farting improvements, (Jct. C.R. 31 to Jct. 1-75), County Pmjec! No. 6011 l; trtd, WHEREAS, the County des[rcs to modify the terms o£said Agreement, and towazd that end it is necessary EXPAND UPON THE SCOPE OF SERVICES PKEVIOUSLY AUTHORIZED SPECIFICALLY' ILELATING TO ADDITIONAL PLANS PREPARATION, CONSTRUCTION SERVICES, AND TO COMPENSATE TIIE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED 31 DECEMBER 1997 IS ATTACHED HERETO AND iS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS SUPPLEMENTAL NO. 4. - NOW THEREFORE, the Consulting Engineering Sen'ices Agretment is hereby amended and supplcrnenled a~ follows: Consultant shall perform roadway design services as described in Attachment "A". Consultant's cost proposal for scrvic~ described in Attachmtnt "A" is provided in Attachment "B". Conuacl fee adjustment and stalus (this Supplemental Agrccmcnt No. 4): 3. I Original maximum contract lee ' S395.365.00 3.2 S/A No. I ' $125,000,00 3.3 S/A No. 2 ' $ 9,291.00 3.4 S/A No. 3 'SI94,420.00 3.5 This S/A No. 4 maximum contracl fee - $186,092.00 Maximum and cun~nt contract lee "' S910.168.00 4. Contract time adjustment: Increase 350 calendar days tor design services. 5. Contraet completion time Io be determined by Notice to Proceed for the construction phase. 6. The revised and cun'~nt lump sum ,.ontrac' amount a~ stated -,hove includes costs for oveth,.~4, l~nltc benefits, out-of-pocket cxp~mse~, profit margin, az:d all other direct and indirt~ costs ~nd ~penscs. 7. Except ns lxn. eby modified, amended, or changed, ~ll of thc ten'ns and condition~ o£sald original Consulting Enginccring Services Agreement shall rtmain in full force and effect. IN WITNESS WHEREOF. the pa,'ties hentto have caused these presents to be ex~cuted thc day and year first above ~witten. Page 1 of 2 Project No. 6910! S/^ NO. 4 AS 10 THE BOARD OF COUNTY' COMM1SSIUNERS: AS TO FORM AND LEGAL SUFFICIENCY: D^VlD C. WElaE~ CO~ ^'rr~R~V~V BOAKD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR. IDA BY: earbtra B. Berry, Ch~i?an ATTEST: Dwighl E. Brock, Cl~k of CoUrt~ AS TO THE CONSULTA.NT: S~GNF_.D. SEALED, AND DELIVERED IN THE PRESENCE OF: CH2M HILL FJ~ST V0']:LNESS (NAME WRITTEN) SECOND WITNESS(NAME WRITTEN) STATE OF FLOR. IDA COLFNTY OF HILLSBOROUGH StYe Aa~fie~m, Vice Prmident Eli~th A. IVicAd~mJ~ASSL Secretary (CORPOR~,TE SEAL) Bcf'ot~ me, the u~Icrsi~,~ned authority, this day personally appeared Sieve Aashcim, to me well 'known and Imown u~ me m be Vice President of the Corporation natned in the £orc~oin~ Agreement, and he se~'erally aclmowledged to and before me teat be ~cofled said Agreement on bchalfof&nd in the rtL, ne of'said Cotp~on ns such oflicer; ~ the seal a~xed to said Agreement is thc corporate seal of said Corporation and that it w~s affixed thereto by due and rcllulat Corporate authority; tJm he is duly authorized by said Corporation Io execme said Alr~,ement and tha~ said AB'cement is the t'rcc act and deed o.~ said Corporation. fN V, TTNESS W'HEREOF, I have hereto set my hand and a~xed my official scaJ this ~ day of ~'Tr. ^,~e ~',. .A.D. 1998. -' ~ ~ qo~.ty and Sine aforcsad. My Commission E. xpirc3: Page 2 o1'2 0 ATTACH MENT A SCOPE OF SERVICE~ FOR SLTPPLEM. ENTAL AGREEIViENT TO CONSULTING ENGINEERING SERVICES AGRE~ FOR PINE.RIDGE ROAD C.IL 896 lC.IL 31 - 1-75] PRO/ECT NO. 60111 Supplemen~ Agreement No. 4 December 31. I ~7 Widening of Pine Ridge Road at Napa Boulevard to accommodate dual left turns in the median of Pine Ridge Road. Services required for the widening of the median of Pine Ridge Road at Napa Boulevard will be in amending the 65% submitted plans up to 900 feet west and east of existing Nape Boulevard. The median will be widened to the north to a width of 29 feet - 2 inches to accommodate two 12-foot left turn lanes and a 4-.foot traffic separator. Services are as follows: The CONSULTANT will revise the horizontal and vertical design which includes: 1.1 Modify the vertical profile design to accommodate the relocation of the profile grade line ~GL) caused by the widening. The new PGL and pavement overlay will be designed in accordance with the current 65~ design. The CONSULTANT will perform an analysis of the impact to the storm sewer system caused by the widening of Pine Ridge Road to ensure the storm sewer has adequate capacity to accommodate the additional pavement area. The CONSULTAffI' will revise the 65% level drainage design to accommodate the widening of Pine Ridge Road as follows: 3-.i Pn ~ scp 123197.doc Revise storm sewer system design from Livingston Road west to the D2 canal. MAR 2 lgg8 Attachment A Pine Ridge ROad Supplemental Agreement No. 4 Page 2 December 31, 1997 3.2 'Revise detention basins east of 1-75. 3.3 Revise all cross drains in the ar~ of the increased widening of Pine Ridge Road to accorm'nodate dual left turns at Napa Boulevazd. 3.4 Up<hue and recompute requir~l treatment volumes nnd basin modeling for S~eqvfl3 permitting. The CONSULTANT will revise the 65% level plans for the widening of Pine Ridge Road to ~ccommodate dual left mm lanes on Pine Ridge Road as follows: 4.1 Typical Sections: Modify typical section sheets. 4.2 Drainage Map: Update map with new drainage arcas and re- numbering of su'ucmrcs. 4.3 Plan and Profile: 4.4 Drainage Structure: Modifications to 65% Pine Ridge Road plan and profile sheets east and west of Napa Boulevard. Modifications to the design of Napa Boulevard ~xe not anticipated. Modification and update the current 65% level sheets and possible ~dditional st~ctures determined from analysis. 4.5 Cross Section: Update and modify current 65% level cross sections for Pine Ridge Road. 4.6 Signing and Marking: Update and modify current 65% level signing md . marking sheets. 4.7 MOT: Update and modify current 65% level maintenance of traffic sheets. 4.8 Signalization: Prepare signal plans for a new traffic signal at Napa Boulevard and Pine Ridge Road. Provide interconnect between Napa Boulevard and the signals at the two 1-75 off ramp signals. 4.9 Lighting: Prr sa4 scp 123 ! Update and modify current 65% level lighting HAR 2 Ji 1998 I Atlachrnen! A Pine Ridge Road Supplemental Agreement No. 4 Page 3 December 31, 1997 sheets. 4.10 Landscaping: Update and modify current 65% level landscaping sheets. .5. Additional geotechnical investigalion is not required. Tho additional widening of Pine Ridge Road for the dual left turn lanes is not expected to re. quire additional permitting effort. 6. Coordin~ with FDOT on the widening of Pine Ridge Road within the 1-75 Limited Access right..of-w·y. IL Realignmenl of Northbound 1-75 Off-Ramp The CONSULTANT will modify the design of the existing northbound 1-75 off-ramp to replace the existing fr~e flowing right mm lane with · right turn storage lane under signal control. Services included for this task are as follows: I. Modify plan sheets, cross sections, and signing and marking plans for the no,bound off-ramp to reflect the rtalignment of the fight turn lane. 2. Add a typical section. 3. Modify maintenance of tra/'fic plans. 4. Modify signal plans to accon'u'nodate the relocated right turn lane. 5. Modify the SFW'MD drainage calculations to reflect the realignment of the right turn lane. 6. Coordinate the design modifications with SFWMD. 7. Coordinate with FDOT on the design and permitting of the realigned fight turn lane. IlL g. Additional drainage design is not expected to be required as · result of the realignment of the right mm lane. Miscellaneous Design Services: TI',,; CONSUL'I'ANT shall provide ibc follov, ;.~g design services on Pine Ridge Road: Performed right-of-way engineering for Pine Ridge Road, modified design to reduce fight-of-way ·cquisition, updated plans to reflect right, of-way. Update survey and plans to retiect new development along Pine Ridge R~ad. HAR 2 Ig98 Attachment A Pine Ridge Road Supplemental Agreement No. 4 Page 4 Decliner 31, 1997 IV. Add Turn L~ne~ The CONSI~TANT will make modification to the plans for new left turn lanes at the fire station and ~ Glen, and for new right turn lanes at Cypress Glen, La Casta, a.nd a gas station in the northeast corner of Pine Ridge Road and Whipporwili Lane intersection. Sexvices included for this task are as follows: 1. Revise storm gwer system affected by right turn lane addition. 2. Revise offsite drainage design affected by fight turn lane addition. e Modif'gafion to drainage map, plan and profiles, cross sections, signing and marking shee~ lighting plans, MOT plans, drainage structure slgets, and lamiscaping plans for the new tam lanes. Revise drainage calculations for increased pavememt area, update modeling. Obtain as-built survey of new construction to upd~ the base maps. ,gee Task rrr2. Extended ProJect Admlnlstrnflon: This task consists of work by CH2M HTLL because of extensions to the project schedule beyond the control of CH2M ~L. Pine Ridge Road was originally scheduled to be a 12-month project beginning April 1994. The project is currently 44 months long with design services expected to be provided for 12 more months resulting in a total design duration of 56 months. The last design submittal was the 6595 plans submitted in May 1995. This task includes the following items: 1. Salary escalation for work pr~viou$1y contracted which will be performed after December 31, 1997. 2. Project st.vt-up, r~-familiarization of team with plans and specifications, retrieval of computer files, site visit, etc. Administration costs for 42 months (May 1995 through November 19<)$) of additional project duration that include extended project coordination, meetings, progress reports, inefficiencies, etc. a) Right-of-way coordination with Collier County staff, attend meetings and review right-of-way plans. b) Coordinate design of Livingston Road/Pine Ridge Road intersection with Collier County staff, attend meetings and review plans. c) Attend progress meetings with County staff, submit status reports. Attachment A Pine Ridge Road Supplemental Aimccmcnt No. 4 Pa~:e 5 December 31, 1997 d) Coordinate roadway design: drainage design, and ix:rmitting with the Cypress Glen developer. e) C, oo~nate with design services with Cleveland Clinic developer. Coordinate with utility agencies. Coordinate with ~I. Services During ConStruction: During thc construction phase, thc CONSULTANT shall provide the following services during construction. Bidding Services: The CONSULTANT shall respond to Bidder's inquiries and prepare clarifications. Thc COUNTY will handle all other bidding Contract Administrative Support and On-Site Observation: During the construction phase, the CONSULTANT shall consult with the COUNTY and provide the followin~ services: Attend a Pm-Construction Conference, provide assistance to thc COUNT~ in conducting thc meeting, enswcring questions, and providing neccssaO' information. b) The CONSULTANT's Engineer shall make visits to the site twice pet month for twelve (12) months to observe thc progress and quality of the executed work of thc Contractor(s) and to determine, in general, if such work is proceeding in ,__,x_ordance with thc CONSULTANT's design. On the basis of such on-site observations ts the COUNTY's consultant, the CONSULTANT shall keep thc COUNTY informed of observed deficiencies, defects end delays, end of s~cial commun{cation betweeh thc CONSULTANT end thc Contractor. A written summary of each visit shall Ix: prepared end submitted to thc COUNTY within ten (10) calendar days of the visit. The CONSULTANT shall not be responsible for the means, methods, techl~iques, sequences, or pi occdurcs of construction selected by the Contr~:tor(s) or the sat'cry precautions and programs incident to the work of the Contractor(s). Thc CONSULTANT shall not be responsible for the failure of the Contractor(s) to perform the work in accordance with the contract documents. Attachment A Pine Ridge Ro~d Supplcmcnta.! Agr~mcnt No. 4 Page 6 December 31, 1997 c) In addition to the twice monthly site visits identified in Task VI.2.b) above, the scope of services includes ten (10) additional site visits to observe construction sctivities. The CONSULTANT will issue, subject to COUNTY approval, necessary interpretations and clarifications of the contraz:t documents. A final closeout inspection shall be held to determine compliance with plans and specification. The CC~NSULTANT shall prepare a certification of completion u r~quired by South Florida Wa~er Management District (SFWlv~). Complete as-built plans will be provided by the Contractor. The CONSULTANT shall review the as-built plans and forwazd the plans to SFWMD. VII. Project Design Schedule: The project design schedule for design status submitta, ls shall be modified u follows: Revise 65% Design to Include the items contained in this supplemental agreement including widening of Pine Ridge Road at Napa Bouleva.,'d and improvements to the 1-75 Interchange: Submit no later than i 50 calendar days after FDOT approves the Pine Ridge Road/Napa Boulevard Traffic Study or receiving Notice to Proceed on this Supplemental Agr~ment No. 4 from Collier County, which ever is later. 2. 90% Design Status: Submit no later than 270 calendar days after FDOT approves the Pine Ridge Road/Napa Boulevard Traffic Study or receiving Notice to Proceed on this Supplemental Agreement No. 4 from Collier County, which ever is later. 3. 100% Design Status: Submit no later than 315 calendar days after FDOT approves the Pine Ridge Road/Napa Boulevard Traffic Study or receiving Notice to Proceed on this Supplemental Agreement No. 4 from Collier County, which ever is later. 4. Bid Plans: Submit no later than 350 calendar days after FDOT approves the Pine Ridge Roact/Napa Boulevard Traffic Study or receiving Notice to Proceed on this Supplemental Agreement No. 4 from Collier County, which ever is L~f~.r ...... I Attachment A Pine Ridge Road Supplemen~ Agreement No. 4 Page 7 December 3 i, 1997 5. Submit final approved permits upon receipt from the permitting agencies. All necessary operational, construction and environmental permit applications 0:DEP, ACOE, SFWMD, and FDO'I") shall bc prepared, processed and ready for submittal in full by the CONSULTANT; and shall be submitted to respective f~eral, state, local, and COUNTY governing authorities for review no later than the 180th day after FDOT approves the Pine Ridge Road/Napa Boulevard Traffic Study or receiving Notice to Proceed on this Supplemental Apeement No. 4 from Collier County, which ever is later. All necessary permit drawings and supporting technical and non-technical data shall be prepared by the CONSULTANT and shall accompany each permit application. Prr sa4 ~ 123197.d~ HAR 2 1998 I HAR 2 ~'!998 I ~ ~ ~'[ WILl, SON & MEMORANDUM DATE: TO:. FROM: RE: December 5, 1997 Mr. Ryan Forr~'~ei, P.E. CH2M Hill ¢ James N. WilEi~n, P.S. Pine Ridge Road Additional Survey for Supplemental Agreement No. 4 We estimate the following man hours for providing ~he additional surveying sc-rvi~ needed as outlined in your I~er ~ November 26, 1997. We have gTOUlX:d the tasks together based on their location. GROUP I: I. Median in the vicinity of Sra. 1031 to 1035: a leR turn lane has b~en added for Cypre~ Glen. 2. Ditch construction from about Sm 1031, left to the Cypress Glen entrance. Vcri~ there is a new ditch, lfthcre is a new ditch, extend survey from the edge of pav,:m~nt to 40 ft't't north of the edge of pavement. 3. Cypress Glen entrance arc~. 4. New right turn lane into Cypress Glen and parallel ditch, vicinity Sm 103:5 to I042, lefL Addition: Locate signal light poles and control boxes (not a listed item in letter of 1 !/26/97, but discussed by phone on 12/3/97). Field Crt'w (3 member) 7 hours (~ S92.S0/hr $&¢7.~ CAD Tech 4 hours @ SSS.00/'m' S220.00 P.LS. ! hour (~ S80.00/hr $ 80,(X} Total Fee for Group I $947.50 3506 EXCHANGE AVE.. NAPLES. FL 34104 941-643-2404 DAV1D $, WILKISON. P.E. .kad~ES N. WII,.K1S~. P. LS. December 5, 199 7 Page 2 of 2 GROUP 2: 5. Nt~v fight turn lane into La Casta Apa~tmcnts, vicinity Sra. 1042 to 1048, right. 6. La Cssta entrance area. 7. Median opening at La Ca.sm Apartments, vicinity Sm 1048. Field Cre~t (3 member) 4 hours (~ S92.$0/I'u' $370.00 CAE) Tech 2 hours (~ $55.00/hr $110.00 P.LS. ! hour (~ S80.00/lu' ~; 80.00 Tot~l f~ for Group 2 S560.00 GROUP 3: 8. L~fl lure lane to northbound Livingston Road has been leng~.hened. 9. North approach of Livingston Road has been widened, survey intersection area including new drainage structures. 10. New fight turn lane for northbound Livingslon Road, vicinity Sra. 1056 to 106 I, left,. Field Crew (3 member) CAD Tech P.LS. 5 hours t~ S92.50 $462.50 2 hours (~ S55.00 $110.00 I hour (~ S80.00 $ 80,00 Total fee for Group 3 S652.50 Please call if there are any questions. END OF MEMORANDUbl ~41) 212-4102 PINE RIDGE ROAD - At)DITtOXAL DESIGN AGIIFI~MF__X'T NO 4 L4NDSI~_ad)E AND IRRIOA"I'ION MOI')iFICATIOX FROM· !L~K ~MA,RKSt AREA NUMBF.,P. OF pAGES INCLL'DINO COVER SHEET: EXECU'I ~ SUMMARY APPROVI~ A RESOLUTION APPOINTING OFFICERS TO COLLLER COUNTY AGRICU'LTURI~ FAIR AND EXPOSITION, [NC. BOARD OF DIREC"TORS ~ To appoint officers for the Collier County Agricultural Fair & Exposition, Inc. for 1998-99 ~s voted on by the Fair Board of Directors. CONSIDERATIONS: The Board of Courm7 Commissioners adopted Resolution No. 88-$2 on March 15, 1988, setting forth a procedure for r:~aking recommend~ons to the Board of County Commissioners for sppointmems to the Collier County Agricultural Fair and Exposilion, Inc. Board of E)irec~ors. A nornin~ting commiuee of five members of the corpor~on was appoimed and canv~xl the membership of the corporation to de~ermin~ who was willing and sble to serve on the Board of Directors for 1998-99. The nominating committee submitted its list of recommended nominees, specifying recommended persons for particular positions to the Board of Directors for approval by majority vote of those presem snd voting. The following slate was approved by a majority vote: Terry Wolfson President Hank Douglas Vice-President Pa~ Cookson Secretary John Yonkosky Treasurer Fun Mans~ger Security Taylor Baker Education Duane Wheeler Civic Ken Cuyler Auomey Randy Riner Agriculture FISCAL IMPACT: None RECOMMENDATION: THAT THE BOARD OF COUNTY COMMISSIO~ approve the ~ Resolution No. 98-_ appointing the 1998-99 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors as approved by a majority vote of those members present and voting at the March, 1998 Board of Directors meeting. Public Services Administrator I MAR 2 '1998 RESOLUTION NO, 98. A RE~'.~LUTION APPOINTING OFFICERS FOR THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. FOR 1998-99 WHEREAS, on July 20, 1976 the Charier end Ar/ides of Incorporation of the Co. Ir Cour~ Agricultural Fair and ExposiUon, Inc. wore filed with the Secretary of State; WHEREAS, the Charter and Articles of Incorporslk~ of the Collier Courtly Agricultural Fair and Exposition, Inc. provide that tt~ officers of the Board of Directors, ~ the exception of the Immldiltt Past President, sha~l be appointed annually by the Boa~ of Co~ty Commissioners; and WHEREAS, tt~ Board of County Commissioners on March 15, 1988 adopted ResolutJo~ No. 88-52 setting torth the procedures tot appointmen~ to the Collier Coun~ Fair Board; emi WHEREAS, pursuant to Resolution No. 88-52, the Nominating Committee has lubmtttld itl list of recommended m3minees, specifying recommended persons fo~ I~cular po~ition~ to the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the following individuals era hereby appointed as the 1998-99 officers for the Collier County Agricullural Fair and Exposition, Inc. Board ot' Directors: Ten-y Wolf~on President Hank Douglas Vice-President Pat Cookson Secretary John Yonkosky Treasurer Jim Mansberger Security Taylor Baker Education Dulne Wheeler Civic Ken CuTI~ Altomey Randy Riner Agriculture This Resolution edopled this......_..__, day of , 1998, alter molk)n, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to f[~'m and County Attorney BY: BARBARA B. BERRY, CHAIRMAN -: Agend I MAR.;" EXECUTIVE $.L~IMA RY APPROVAL TO REIMBURSE THE FACILITIES MANAGEMENT DEPARTMENT FOR AN EMERGENCY EXPENDITURE FOR THE TAX COLLECTOR'S UNINTERRUPTED POWER SL'I'PLY SYSTEM OBJECTIVE: That the Board approves the reimbursement of funds to the Facilities Management Department for an emergency Uninterrupted Power Supply expenditure (repair) for the Tax Collector's computer system. CONSIDERATIONS: On lanuary 30, 1998, the Tax Collector's uninterrupted power system (UPS) failed, damaging the battery system which caused the entire system to shut down. The batteries, which are not covered under our current maintenance agreement, would not hold and charge. Because the uninterrupted power supply ensures clean · .minterrupted power to the Tax Collector's computer systems, the repairs were made expeditiously. Staff is requesting that funds be transferred from General Funds for Reserves to Building Maintenance Operating Budget, thus reimbursing Facilities operating budget for the unanticipated expenses. FISCAL IMPACT: Funds would be transferred from the Reserves for Contingencies Fund 001-919010-991000 to Fund 001-122240-652991 Maintenance Services Electrical Supplies in the amount of $13,883. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments reimbursing the Facilities Management Department cost center for the battery replacement in the uninterrupted power supply system. Executive Summary (cont.) Page 2 PREPARED BY: Daniel IL Rodr~gifez, Pfcllicles Manager - The Department Of Facilities Management REVIEWED BY: ~ DATE: Skip Camp, CF~ Director The Department Of Facilities Management REVIEW~D BY: Leo E. Och~, Jr., ~n~nistrat°r Support Services I~v~slon DATE: EXEC UTWE_S_U_M. MARY APPROVAL OF A GRIEVANCE PROCEDURE FULFILLING THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. ~;~: To accep! lhe a~ached grievance proc~ur~ fulfilling the requirement~ of the American~ with Dia~ilities Act. CONSIDERATIONS: The Federal Government's "Americans Mth Disabilitiez Act", Title I1, requires that public entities with 50 or more employees designate a responsible employee and adopt grievance procedur~ for resolvin$ compl~ts ofviolations ofthis Act. The requirement for designation of a particular employee and dissemination of information about how to locate that employee helps to ensure that individuals dealing with large agencies are able to easily find a re~:~nz~le person who is familiar with the requirements of the Act and can communicate those requir~entz to other individuals in the agency who may be unaware of their responsibilities. This in no way limits a public entity's obligation to ensure that all of its employees comply with the requirements of this part, but it ensures that any failure by individual employees can be promptly corrected by the designaied employee. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board adopt the attached Resolution outlining procedures for grievances involving the Americans with Disabilities Act, Title 11. PREPARED BY: Skip ~'np, CFM, birector Department of Facilities Management DATE: REVIEWED B~: ,~-ff Walker, CPCU, ARM, Director Department of Risk Management DATE: REVIEWED BY: ha, Jr., Admi~sLrato/r Support Services Di~on Attachment "A" AMERICANS WITH DISABILITIES ACT GRIEV~CE PROCEDURE The Collier Coumy Board of Courrty Commissioner~ has adopted an internal grievance procedure providing for pro~npt and equitable resolution of complaints alleging any ac'lion prohibited by th~ United Stales Department of Justice regulations implemeniing Title II of the Amc'ricans With Disabilities Act. Title I1 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs or actMties sponsored by a public entity." Complaints should be addressed to: leffWalker, Director Collier County Risk Management 3301 Tarniami Trail East Naples, Florida 34112 or his successor, who has been designated to coordinate ADA compliance efforts. 1. A complaint may be flied in writing or verbally. It must contain the name and address of the person filing it and contain a brief description of the alleged violation of the regulations. 2. A complaint must be filed within ten (10) calendar days after the complainant becomes aware of the alleged violation. (Processing of allegations which occurred before this grievance proc.~lure was in place will be considered on a case-by-case basis.) 3. An investigation, as may be appropriate, shall follow a filing or complaint. The investigation shall be conducted by Collier County's Risk Manager. These rules contemplate informal but thorough investigation, affording all interested persons and their repre~ntatives, if any, an opportunity to submit evidence relevant to the complaint. 4. A written determination as to validity of the complaint and description of its resolution, if resolved, shall be issued by Collier County's Risk Manager, and a copy forwarded to the complainant no later than thirty (30) calendar days ~er its filing. 5. The ADA coordinator shall maintain the files and records of the Collier County Board of Co-mty Commissioners relating to the comp!aim filed. 6. The complainant may request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be mad~ in writing within five (5) working days to Jeff Walker, Risk Management Director. '-- ~,~o~. kT~,k I MAR 1 98 7. The fight of a person to a prompt a~d equitable resolution of the complaint filed hereunder ~ not be impaired by the person's pursuit of other remedies such as the filing of' an ADA complaint wi~ the responr~'ble federal depa~'t, ment or agency. Use of this grievance procedure is not a prerequisite to the pursuit of' other remedies. 8. These rules ~ be construed to protect the substantive rights of interested persons, to meet g:1~'opriate due process rdmdards, and to assure that the Collier County Board of Commissioners complies ~ the Americans Wi~ Di~bilities Act a.nd rill of its applic.~le implementing regulations. RE~OLUTION NO. 9L ! 3 6 ! 9 I0 11 14 16 17 II ~4 31 33 39 ,13 45 4'7 ,19 51 $3 A RF~OLIYriON OF COLLLER COUNTY, FLORIDA, ADOPTING A GRrgVANCE PROCEDURE TO COMPLY WITH TITLE II OF TI~ AMERICANS ~ DISABIlffTIES ACT. BE FI' RF~OLVED BY TI~ BOARD OF CO~ COlVI2v~SIONERS OF COLLIER COUNTY, FLORIDA, th~: 1. Collier County is a political subdivision of the State of Florida. Title II of the Ameriee~ with Disabilities Act (ADA) requires that Collier County adop! a grievance proc~ure ~o try to promptly resolve complaints that allege a violation of Title II of the ADA. The procedures attached hereto ~ Attachment "A' are'hereby adopted as the County's ADA grievance procedurcs. These procedures mey be amended from time-to-time es deemed appropriate by Staff end with approved of the County Attorney, without further alyproved from the Board of Commissioners. Until such time es may be changed by the County Administrator, the County's Risk Manegcment Deparlment shall coordinate efforts to try to ensure the County's full compliance with these grievance procedures, es may be eanended fi'om time-to-time. THIS RESOLUTION ADOPTED THIS DAY OF ,1998 AFTER MOTION, SECOND AND MA.IO~ VOTE FAVORING ADOPTION. ATTF. ST: DWIGHT E. BROCK~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk BARBARA B. BERRY, Chairm~ MAR I EXECUTIVE SUMMARY APPROPRIATE ADDITIONAL FUNDS FOR CONTRACTUAL FIRE SUPPRESSION SERVICES PROVIDED BY THE DIVISION OF FORESTRY. OBJECTIVE: To request that the Board of County Commissioners approve budget amendments appropriating the transfer of funds from the MS'ID (111) reserves. CONSIDERATION; The Department of Forestry provides fire suppression at $0.03lacre for 548,006 acres located in Collier County. The Florida Department of Agriculture and Consumer Services, Division of Forestry, inadvertently undercharged Collier County Board of Commissioners for FY96, FY 97 and FY 98, an amount of $1521 each year. The Division of Forestry has forwarded a corrected invoice indicating a balance due of $4563 for services provided and is requesting payment of same. FISCAL IMPACT: Funds in the amount of $4,563 are available in Collier County MSTD (111 ) reserves. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment appropriating $4,563 from the MSTD (111) reserves. PREPARED BY: REVIEWED BY: APPROVED BY: ~;~/-~eff Commander · -........q . . EM.'~ Department '~Di~'~~., lag g, Chief Emergency Se~ices Department L. eo ucns .Jr., A/dr~inisTra~or Support Servid~ Division IlAR '2 Pg. / EXECU I'IVE SUMId.~ Y APPROVE OCHOPEE FIRE CONTORL DISTRICT GRANT REQUEST ~ Request approval b) the Board of County Commissioners ~o atrthori~ the chairman to sign the Rural Community Fire Protection Grant a,~l enter imo a 50 percent (50%) grant to puxctnse communications equipment and the leasing of pagers for the Ochopee Fir~ Comrol Disuict. CONSIDERATION: The Ochopee Fire Control District for the past 20 years has been awarded a Rural Community Fire Prot~'tion Grant fxom the Division of F0resttT. This year, th~ Division of Forestry has set a high priority on communications equipmenI, therefore, the District wishe~ to obtain 800 MHZ portables ~ the leasing ofpager~ through the 50/50 Co~t S~xin~ Grant. FISCAL IMPACT: Funds for this Grant have been approved in the 97/98 budget under 118-144380 in the mnount of $8,000.00. The Rural Community Fire Protection Gr~ will reimbur~ the District for half the total expenditure. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Chah,uan to sign the Rural Community Fire Protection Grant and enter into a 50 percent (50%) grant to purchase communications equipment and the leasing ofpagers for the Ochopee Fire Control District a cost not to exceed $8,000.00. Paul Wilson, Acting Fire Chief . Ocho~Control District P VmWED SY: vr, ~ F~,$, c~f Emergency Servic~ Depar. ment gteve ~R, bireetor " l~a'chasing Department Leo Ochs, A~tor / Support Services ~isk~n DATE: ?~-'10-~. [:' ] HAR 2 '1998 ~. ! , APPUf.;ATIUN FUR , FEDERAL ASSISTANCE 2-2o-98 N/A ~ho~ Fire ~trol District 10/01/97 09/30/98 N/~ : N/A ~ ~ ~ 3~835.42 ~ N/A N/A ~G~ t. e~C~, CLE~ HAR 2 ~ 1998 Authorized for Local RepToductl~n NARKATIVE OCHOPEE FIRE CONTROL DISTRICT GRANT REQUEST The Ochopee Fire Conu'ol Dis~ct covers approximately 1,1 O0 square miles. Seventy percent (70%) Is CH-2 land. This area is known s a high brush fire occurrence area. The Oehopee Fire Conta'ol DNtrict provides fire protection for homes, trailers, businesses, hunting camps, brush, woods, rescue medical (EMI' level), assistance for truck and automobile a=cidents. The District provides tl'~ protection to the somhea.s't portion of Collier County including Everglades City and a portion of approximately 3,500 people. The Distri~ works closely with the Division of Forestry (Copeland, Mile City) and with Big Cypress National Preserve, Fakahatchee Park Rangers and Panther Rangers through mutual aid n~'eements relating to fire protection. This year, the Division of forestry ha~ set a high priority on C~mmunications Eqtfipment which would increase Oehopee Fire Control District's effectiveness in combating brush fu'es during mutual aide events between Division of forestry and other Fire Departments. Also Ibis equipment would assist greally in proteaing residences in the heavily wooded areas during brush fires. Consequently, in keeping with the initial Division of forestry objective this year the Oehopee Fire Control District has applied for gOO MHZ portables and the leasing ofpager~. February 20, 1998 HAR 2 199 r' .! 1..1 1 : GULF OF .FIGUn£ I$ 1998 OMa Alll~ev~l No. 034i-0040 ASSURANCES -- NON-CONSTRUC ~'~'~.'4 PROGRAMS Note= Cart·in ot' these assur·ncel may not he applicable to your project or progr3m, il' you have questions, pie·se contact the awarding agency. Further, certain Federal awarding agencies may require applicanls to certLt'y to additional assurances. I£1uch is the case, you will be notLGed. Aa the dui7 authorized representative ol'the applicant I certi£~, Lh·t the applicant: ~ I. Has the lepl authority to apply for Federal assistance, and the institutional, managerial and l~nancial capability (including fund· su~qcient to pay the non-Federal share or project costs) to ensure proper planning, management ·nd com. pletion or the project described in this ·ppllcation. 2. Will live the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized represent·Live, access to ·nd the right to examine ail records, books, papers, or documents related to the award; and will establish i proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions £or · purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame alter receipt o1' approval of the awarding agency. $. Will comply with the Intergovernmental Per~nnel Act of lg?0 (42 U.S.C. jJ 4728-47G3) relating to prescribed standards l-or merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for i Merit System o1' Personnel Administration (5 C.F.R. gOO, Subpart $. Will comply with ·11 Federal statutes relating to nondiscrimination. These include but are not limited to: (·) Title I/'1 of the Civil Rights Act of !g64 CP./.,. 88-352) which prohibits did:rim·nation on the basis or race, color or national origin; (b) Title IX of the Education Amendments of ! g?2, as amended (20 U.S.C. JJ 1681-1683, and 1685-1686), which prohibits discrimination on the basis o1' sex; (c) Section b04 of the Rehabilitation Act of Ig?3, as amended (2g U.S.C;. ! ?g4), which prohibits dis- crimination on the basis ol- handicaps; (d) the Age Discrimination Act or ig?$, ·s amended (42 L'.S.C.§J $101.-6107), which prohibits distrain. · nation on the basis ol' age; ge) the Drug Abuse O~ce and Treatment Act of 1972 (P.L. 92.255), as amended, relating to nondJscrimlnation on the basis ol' drug ·hu~e. the Comprehensive Alcohol Abuse and Alcoholi~(m Prevention, Treatment and Rehabilitation Act of 1970 (P.L,. 91-616), as amended, relatini to nondiscrimination on [he basis ol'·icohol ah~,~e or alcoholism; (g) ii 523 and 52? o£the Public lie·lab Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ce- 3), as amer~ded, relatlnl to confidentiality of alcohol and drug abuse patient records: (h) Title VZZI of the Civil RighL~ Act of 1968 (42 U.S C 3601 et seq.), as amended, relating to non. discrimination in the sale, rental or financing of housing; (i) in)' other nondiscrimination provisions in the specific statute(s) under which application £or Federal assistance is being m~de: and (j) the requirements of any other nondiscrimination statute(s) which ma.~' apply tn the application. Will comply, or has already complied, with the requirements of Titles 11 and Iii o1' the IJnil-,rm Relocation Assistance and Real Property Acquisition Policies Act o1' zg?0 (P.I,. 91-646) which provide for fair and equitable treatment persons displaced or whose property is acqt~ired a~ · result of Federal or federali), assisted programs. These reciulrements apply to all interests in real property acquired £or project purposes regardless of Federal participation in purch~se~. Will compl.y with the provisions o£ the Il·Ich Acl (5 U.S.C. ii 1501-1508 and ?324-7328) which limit the political activities of employees whe.~e principal employment activitles ere funded in whole or in part with Federal funds. Will comply, es applicable, with the provisions o1' the Davis. Bacon Act (40 U.S.C. ii 276a to 2?f;a ?), the Copeland Act (40 U.g.C. J 27t~c and 18 U.S.C. Jj 874). and th- qonLract Work llour~ and Safety Standards Act (40 L".S.C. ii 327.333), regarding labor standards I'or recterallv a.~.~i~ted . construction subagrecment~ [ ~',~,o~ ~zE[Js I I MAR 2,11 1998 I Authorized for Local Reproduction 10. Will comply, il' applicable, with flood insurance p,rchase requirements of Section 102(a) of the Flood Disaster Protection Act of' 1973 (p.L. t,3-234) .,bach requires recipients in a special flood hazard area to participate in the program ended purchase flood insurance it' the total cost of insurable construction and acquisition is $10,000 or more. ! i. Will comply with environmental standards which may be pre~rlbed pursuant to the following: inntitution of environmental quality control measures unde.r the National Environmental Policy Act el' 19~9 (P.L. g1.190) and Executive Order (ED) 11614; (b) notification or violiting l',cilities purslane to KO i 1738; (c) protection ol. wetlands pursuant to ED I i990; (d) evaluation of flood hazards in floodplalns in accordance with ED 11988; (el ansuranee or project consistency with the approved State management program developed under the Coastal Zone Management Act o1' I972 (16 U.$.C. JJ 1451 et seq.}: (fl conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c)of the Clear Air Act el. 1955, as amended (42 U.$.C. '/401 et seq.); (gl prot~tlon ol'under~ound sources ofdrlnklng water under the Sale Drinking Water Act of I974, as emended, (P.L. 93-5231; and th) protection or endangered species under the Endangered Speclet Act or I gT3, as amended, (P.L. 93-205). 12. Will comply with the Wild end ,~enlc Rivers Act or 1968 (16 U.S.C. JJ 12Ti et seq.) related to protectinI components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assurinI compliance with 5action 106 or th~. National Illstoric Preservation Act of igor, as -mended 06 U.S.C. 470). £O 11593 (identification and protection el' historic properties}, and the Archaeological and lllstor[¢ Preservation Act of 1974 ( 16 U.S.C. 4Gga-I et seq.}. ,, % 14. Will comply with P.L. 93-348 regardln~ the protection or human subjects involved in research. development, and related activities supported by this award ofasslstance. 15. Will comply with the Laboratory Animal Well"ars Act of. I965 {P.L. 89-$44, as amended, ? U.~,C. 2131 et seq.} pertaining to the care, headlinE, and treatment of warm blooded animals held for research, teaching, or other activities supported by this aw~'.d, ofasslsLance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ii 4801 et seq.} which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with ali applicable requirements atoll other Federal laws. executive orders, regulationn and policies governing this proL, ram. , ltGN&?URE Ol AUTHORIZED CEKTIKYING O~FtCtAL APPLK:AN! OMGANIZATION Ochopee Fire Control District ITITLIt ' Collier County _~__rd of Commissioners Chairman IDATE SUBMITTED March 10,. f9~.8 HAR 1998 February 1, 1996. RCFP - recslshr.app REQUEST FOR COST SHARE APPROVAL TO: Fk:w-ida Dlv~lor~ of Forestry t: The Ochosme F:[ce O:x~co! Disbrtct: requests your (Nwr~ of Local Gov~w.~) ~wovai for D~e c~. t-~we purchase of the follow~ listed ~rrm of equipment m-~'or Irai~l~g. or such Commu.~ ~ea~hec Caaes v/aelt ~ Svivel 3 $ 50.40 $ 151.20 Oc~ Fire O~trol Single Unto Rapid Char'geco 3 $ 96.00 $ 192.00 Ochopee Fi~e Oontro:Z ~ High Capacity BatterTs 3 $ 100.80 $ 302.40 ~ Fire (2~trol 12Az t~gram i~adtoe 3 $ 50.00 $ 150.00 Ochopee Fire Control $7,t670.85 ~by w. knowfl~ that Ihe population of the ~bove named individual community(s) doe~ nol exceed 100000o F~, w~ understand that ~ t~ · 50 perceN maximum cost-share program (Coopera6ve For~by As~tanm Acl of 1978, PL 95-313), .rvJ that fund~ c~ depo~l up to 50 percent of Ihe ~ purcfla~e lern~ le be purcfla~ am to be efx:umbered by ~[.U. LY 1. 1996. and 811 unencumbered fundl as ~ date Collier County Board of Cc,~{~t~ecs Tilkl 'If requ~l b for lmtnt~g, Itemize [he following: 1. 2. Room and Board 4..; Tullk~n 5. ' Salary (paid Iker~ghters only) Certi£Lcetioa Regarding Debarment, luspenn/o~, and Other This certiflcstio~ Is required by T~he re~lationn implsnenting gxecutive Order sleeting ~he pr~sed ~vered ~r~slc~i~. (x) The and (e) (b) (BEFOPJ COKPLA~XNO CSRTX.FXCATIOI~, P. EAD INSTRUCTIONS O~ I~EXT I)AIIE) prospective pris~ry participant certifies to the ~elt o£ ltl knovledge bel/e£, that it and Lin principals: are not presently deberred, suspended, proposed for debarment, declsred ineligible, or voluntarily excluded frcm covered tr&IlliCtlOnl by 8~ly Yedsrel depsr~ent or sgency; have not vithin s three-year period preceding thin proposal been convicted of or had a civil ~udg~ent ~sndered &gsinst th~ for comminnion of fraud or a criminal offense in connection vith obtaining, attempting to obtain, or performing & public (Federal, State or l~csl) transection or ccntract under a p~blic transaction; violation o£ Federal or State insist'uae statutes or ce. lesion o£ e~bessleznent, theft, forgery, bribery, felnl£1cation or destruction o£ records, making false it&tna~ntl, or receiving stolen property; (c) ars not presently indicted £or or othervise criminally or clYllly charged by I governmental entity (Fedorsl, St&to or I. ocsl) vith coa~iseica~ of ~ of tho o~fenwew en~rmtod in pmrigraph {1)(b) Of this cer~ificltl~ ~d (d) have ~ot vithin a three.year period preceding this ~pplicaticm/propoeal hid or~ or more l~ublic trtnescticns (federal, State or ~al) Semi.ted ~or cause or defaul:. (2) I~ere the prospective primary participant In untble to c~rti£y to arty o£ statements An thin certification, nuch prospective pirticipent shall attach an explanstion to thai proposal. Collier County Boa~d of Co~rnissioflers Org~nisstlon ~ ~'~ara Bari'y,, Chairman mmd Title of Authorized Representative Oc~opee Fire Co~t~l Dis~ric~ PR/~vard NVs~er or Prc~ec~.iSomo Signatute Date form ds ~ svf!i~len~y Aa~tAnt County Attorney C~B APPP~/AL iqO.O{Jl · 0002 CZ:Z. TX/'ZCJ~TXON Ua,ULD z]r(g D~.aa.rul WO~J:?LACB UqOZ]L.rJl~ (G[XA3~I} eI) Thio cercttic·ticm if required by cae regulations lmplwncing S~ctions 5ISI*SlS0 or tbs D. rvg*Froe Workplace ~cC o! ~Jil (~ L. ~00-(S0, Title V, ~li~ ~ ~cl~iflg ~e ~~nt o~ ~ri~tuFe igen~ o~ror~ ~ (A} Tbe grantee corti£ies t~dt it will pro~iM a drug-tree workplace violacl~ of su~ pr~ibitim; (b) (4) The penalties th~t My be lsgoood vi~m employees for drvg &byes violmtio~m occurriog in the ~rk~l&ce~ (c) (d) Notifying ~he enployue in cae .cateoeat required ~ Gmragra~h (a) tAlC, a~ · condition o£ la~loyNnt under ~ 9TLnc, CI~· e~lo~e ~tll-- (1) Abide I~* ~he terue of the stat~ontj and (2) Notify the employer o~ ·ny criminal drug stlcute cc~viccion for a Fora AD-104J (2/I)) (e! Ik)ttf¥ing the agency vi~htn ten 6aya after receiving a~tice a~aragraph (d} {3) fr~ ~ ~l~ee or o~he~lse zece~ving eCt~l notl~ o~ su~ c~vicct~; C~YiCCId' ' ~d inc~uding ~e~cl~ or ~lt IIl[l~fl Or ri~L~iCICi~ pr~rM ~r~ for oche~ app~rAaCe (g) ~Sng a g~ taS~ etto~c co ~cSaue co M?C~A~ a ~-~ vo~lace chr~gh l~lwnCaCim o~ ~rag~n~ ti), (~), (c), (d), (e) [~) ~e go.Cee ihall Anal~c Am ~e apace pc~A~G Fe~to~ce ot vo~X d~e An ~ec~A~ vA~ ~he Place ot Perforce (S~ree~ Id~ill, CL~, ~y, ~a~J~ara Bart'y,, Chairman Wame ar~ Title of Authorited ~aprelentatiY~ Signature Date ~I~ST~UCTIOB$ ~0~ C~]~rZFICATIC~ X. ly earning &nd a~Jmtcttflg t~ti rom, ~he gr&ntee ti proyt~ng C~ cerci£tcacton get ~t on ~agee X and 3. The certtricatiofl itt ouC on ~ges 1 &nd 2 il a .~tertal reptemenCatioao£ fact ~T)on vhtch reXta.~ce .aa placed rhea ~e agen~ dete~tned Co ava~ ~ gr~. Z~ ic is later ~te~ine~ ~t ~ gr~tee ~iflgly renMr~ a D~g-~ree vor~lace ~t, ~ A~ Cmmty Attorney CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersig~'~d certmes, to the besl of his or he~ knowledge and belief, the: (1) No federal apprc~:xlated funds have been paid or will be paid, by or on behalf of Iha ur~derslgned. to any person for infl~ or ~eml:xing to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congresa in connection with the awarding of any Federal contract, the maldng of any cooperath, e agreemenL and the extension, continuation, renewal, arn~ndment or modification of any Federal contract, grant, loan. or cooperative (2) If any funds other than Federal epl:xOprlated funds have been paid or will be paid to a~, per~on lot influencing ot atlempflng to Influence an officer or ymployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, gra4~ loan or cooperative agreement, Ihe undersigned sha]l complete and submit Standard FOrm-LLL. 'Disclosure Form to Report Lobbying', in accordance with ~ instrucliona. (3) The undersigned shall require that the language of this certification be Included in the award documents for all sub-awards ~t all tiers (inclucr~.~g sub-contrect~, sub-grants and contracts under grat~s. loans and cooperative agreemenls) and that all sub. recipients shall certify and dL~::lose accordingly. This certification is a material representation of fact upon which reliance was placed when this transactk~ was made or entered into. Submission of this certi~ication is a prerequisite Ior making or e~ering inlo Ihis transaction imposed by ~ection 1352, title 31 U. S. Code. Any person wt~ fails Io file the required certif'~..atio~ shall be subject to a civil penalty of not less than $10,000 ~ no< more than $100,000 for each such failure. Signmure Date ATTEST: DWIGHT E. Bt:OCr. CLE ,m~ldrm (401'1~.2(4Q ; Fire P.O. Be,~ 2~ I ~4141 (104) 8112 (X) 87.421 Phr'~ O4 LPE-200 Series Radio EDACS' 800 MI' Product Overview : General The LPti-200 w. designed to meet $msll ~ I;sht*~ish~. the L~E-~ rior to ~ny Isrger ~ ~v~ ~ r~s. m~.l cutin$ cn~blio~ t~ ~e ~E-2(~ not ~ly ~ ~s~ Mili~,~ 5candnrd 810 H~-wor~nl and ~ c~ work environment. ~h ~m and ~an w~;one can ~e ~ to di~nt ~A~ STStem/$~P ~m~- sy~temt/~roups to ~wcr theJ~ ~ific~ ,tinS ~ ~eiving te~p~ call~ f~ture csn ;morse the fleet. TI~ LF~.20O can ~o~ nlne~y-nlne indi,html cnll rD numbcn oc tdephom imcrcc~nect numbers in m~mo*7 p,r r~. Radio So{twain Cu~tomlzatlen U,en can c~momi,, their md~ c~- ~t~ with ~;c~'s ~~ ~- ~e ~g. ~in8 wkh ~k ~ li~ of i~iv~l ~'~ ~t ~ ~ c~ ~7 w~ c~ ~ ~ ~ Built-in Secur~y Should an LPE-;h'X) Ix. Io~ m molen, the STs~m ~,~rr. This d~illq ~e p~ -mt ~ml~'imd monitorln$ ~r cr~l c~n~t~ ~. ERICSSON [xtended Ufe Technology" l.il~ ,11 Eticsm~ two-~m7 peoduct~ the LI~ fumges Extended U~ Technology. This ufliq~ Erk'~ ~ proart 7~ug tm~xmm b7 s.urlng 7ou o(bath fort~d ~d bmln~ milmlon. sllo'~lOl tou to add Dew rt,.stom sad cechnolqies m l~u nccd them. 02123/1598 14:26 941732982~ P~ 05 Gener. I $1:~carl°as° '" Input Volt~: 7.5 VDC (nornin ~ K~ ~ An~nn~ With ~xc~ ~h c~it~ (157 x 67 ~45 mm} 20.8 o~ (5~9 8) ' With otrt 22.0~ (624 g) Excr~ ~igh c~icl but~: 9 hr. (-~O'C to +60'C) ~ ~ 122~(50'C) 50,C)00 fi (15,240 m) Ftequen~ I~le 04Hz}; ~06.82~/~31.870 .4O + l, -~, 411 . .,v..',~;~.., ..,,.r ,. ~/j~, ~, .;. ~ 851~o STANDARD U.S. MIL-STD 81OE I~/Pmcedutes* Fm~ue,~.y RF O~put Frequency FCC Type Jk~d'mable lmJ,.r~ry ~ Re~ m~ ~) SUb. (~l ~~ FCC ~ (~119) ~ o.~.~ ~.s ~~A ~~A ~ ~,~ ,~ ~ ~ ~ ~'. . I .......... I AMERICAN PAGING 2t'1~ TAMIAMI TRAIL NORTH NAPLES, FL 34102 EVEROLADE$ FIRE DEPARTMENT LT. TOM MITCHELL FAX # 695.F1RE AMERICAN PAGING'$ desire is to provk~e you with a modem program designed ~pectfically for your needs at a very affordable price. ~.~.~C;E AOREEM~NI-_ Hi. OHUOHTS~_. 1. Quality ~ervice and excellent coverage. ? 24 Hour Customer 8ervice. 3. Stale of the Art products. 4. One or lwo year agreernent~ available. 6. Money beck Ouaranteell ________ Item ............ Alphanumerto 8tatawId~P~' _-'-. _----:" :"~ ' - Insuranca'Loet'St°len& ., Damage ._-___._L_ v I ~" Vo~4m,, ", ':--~-----..-:~ .... *E~ ........ ---! AImouma 8oflwera Please oall me with any questions. Thanks Sincerely. .DAWN POWELL RYAN Naples Ac,",ount Executive Pager: 941-990.1900 ADV1SOR ELITE"~,~ I i'*i,I';X O.l.v IlAR 2 ~1,1998 Pg,__ .. /? EXECUTIVE SUMMARY RECOMMENDATION TO REJECT ALL PROPOSALS RECEIVED UNDER RFP 97-2767. OBJECTIVE: To re-solicit proposals for the acquisition of mail processing equipment for the purpose of obtaining more competitive proposals. CONSIDERATIONS: The current budget includes appropriations to acqulre new hardware for automating and centralizing the processing of nl~ bulk mai! ~$ued by the departments under the Board and any other county agencies which elect to participate. The intent of the acquisition is to assist the County in capturing savings in postage through the U.S. Postal Sen/ice's Classification Reform. On December 29, 1997 proposais were solicited from 11 vendors and on January 23", proposals were received from two firms, Pitney Bowes and Modular Mailing Systems, Inc. Staff has reviewed both proposais, discussed them with each vendor and does not recommend award to either firm. as neither proposal is within the proposed budget for the purchase or fully responsive to the Count,s published requirements. Accordingly, staff recommends rejection of the proposals received and re-solicitation of the purchase, which staff believes will garner more competitive responses. Re-solicitation will not substantially delay or extend the schedule for obtaining the projected savings in postage. FISCAL IMPACT: None as a result of the recommended action. GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners reject RFP 97-2767 for the acquisition of Mail Center Equipment and that staff be authorized to re-solicit proposals for this purchase. PREPARED BY: Steve l~amell, ~ Purchasing/General Services Director, CSM REVIEWED BY: Leo Ochs Jr.,/// ~ Support Servi .c.e~ Administrator APPROVAL OF BUDGET AMENDMENTS BC'C A~da of 3/'24/9~ Road Comlructlon - Gas Tax CIP Fund Budgel Amendment No. 9~.172 5aml_us G~s T~ Road Consaruction (Co~ Center 163673) B, id Eagle Drive Project (62041) $~7,100 Funds are needed to pay the emlstandi~ OCPM feea on ~As project in ~ ~ of $7,100. ComprehenMve Plamnlng Fund (111) Bm~get Amendment No. 98-160 Comoreh_,-asive Plaraxinn Co~t Ctr. (138317} Buildiug Immokalee Project (01700) Reser~e~ Appropriates the balance of a private donation received in a prior fiscal year R) be used for facade improvements '1998 BOARD OF COU'NTY COMMISSIONERS MISCELLANEOUS COKRESPONDENCE MARCH 24, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ri'EMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. b.~ ~utcs: Beach P,.enourishmem/Maint~nance Committee - agenda of March 5, 1998. Refo'red ia BCC. Code Erd'orcement Board, South - minutes & agenda of November 14, 1997. Referred 1o BCC. Emergency Medicad S~',,,ic.~ Advisory Council - minu~ of~ber 17, 1997, January 28, 1998 ~nd agend~ of January 28, 1998. Rd~ to BCC. Environmental Policy Technical Advisory Board - agenda of Febmmy 19, 1995. Referred to BCC. Golden Gate Beautification Advisory Committee - mlnl,tes of December 9, 1997 and agenda of.lanuaty 13, 1998. Referred to BCC. Golden Gate Estales Land Trtm Committee - minutes of August 25, 1997 and October 27, 199S. Referred to BCC. Go Historical/Archaeological Pre~rvation Board - mima~ of January I0, 1995 and agenda of February 20, 1998. Referred to BCC. Ho Immokalee Beaufifica~tion M.S.T.U. ~ Comm!v. ee - mintlt~ of January 21, 1998 and agenda of February 18, 1998. Refen~ lo BCC. L~e Trafford Rtmxn-~on T~k For~ - minutes of~b~r 5, 1997, S~:~-mber 26, 1997, May 23, 1997, Sanuary 9, 1995 and agend~ of May 23, 1997 ~md January 9, 1998. Referr~ to BCC. J. Library Advisory Board - minutes of Decembex 17, 1997. Referred to BCC. Ko Ochopec Fire Control District Advisory Board - minutes of Novemb~ 3, 1997. Referred to BCC. Pathway Advisory Committee to Naples MPO - ~i~ute~ of January 16, 1998 and agenda of February 20, 1998. Referred to BCC. Pg. No Pcllcan Bay MSTBU Advisory Committee - minutes of.lanuary ? and January 2g, 1998 and agc-uga of February 4, 199g. Rcfcrrcd to BCC. Oo Planning Commi:aion - minutes of December 18, 1997, ~lanuary $, 1998 and January 15, 199~ and age~da for February 5 & 19, 1998. Referred to BCC. Productivity Committee - minutes of January 21, 1998. Referred to BCC. Economic Development Council's Quarterly ~onomic Divcrsification and Business Assistance Report. Referred to BCC. Letter dated March 10, 1998 from Michael A. Welsh, Controller, Collie~ County Tax Collector's Office, referencing Current Ad Valorem Tax & Non-Ad Valorem Asscssmcn! to the BCC after Tax Collector's commissions and distn'bulion tgcap showing year to date tolals of taxes collected net of discount for 1993, 1994, 1995, 1996 and 1997. Referred to BCC. AGENDA RECOMM~q~D THAT TH~ BOARD OF COUNTY COMMISBION~K~ SI~N TH~ ~RTIFI~TION OF ACC~PT~C~ ~ ~ SI~ATORT A~HORITY L~K FOR STA~ OF FLORIDA STOP VIOL~C~ A~ST W~ ~S PR~ 21-01-043/~STIC VIOL~CE ~IT PRO~ ~ ~ ~~ OF ~ TO gain Board of C~ty C~i~sioners appr~al of :he Certification o: Acceptance and a~a:o~ au:hori:y letter :or :he ~mes:ic Violence Unit ~ojec: su~r~= award. ~ONSID~T~ ~ Agril 22, 1997, the Board o~ C~ty endorse :he Sheriff's Office State of Flori~ STOP violence Agains: W~en Grants ~ram grant ~ Janua~ 27, 1998 :he Board of C~:y C~issioners a~r~e~ ~ exes:ed :he State of Florida, Depar=men: o~ C~i:y Affairs, STOP Violence Again: W~n grant agreement docents and ~dge: amen~en:. ~ March 10, 1998 :he Sheri~f's Office received :he Depar=men: of C~i:y Affairs Certification of Acceptance of S~an: Award in :he a~: of $173,400. ~e Certification of Acceg:ance and si~:o~ au:hori:y lea:er need to ~ si~ed by th& ~i~n of the Board. FISCAL ~ACTL ~e Grant award of $173,400 is :o ~ matched by $S7,800.00 in Confiscated ~s: ~nd reBe~es (602-611010-271000-0000). ~d 602 f~ds are included in :he ~ 98 budge: as submitted and appr~ed by :he B~rd on J~ua~ 27, 1998. GROWTH IMPACT, This grant period is for September 1, 1997 to February 28, 1999. Additional grant funding is being sought for subsequent years. If additional grant funds are not available, these positions could be absorbed into vacancies within the investigations division or additional funding would be sought for FY 98/99 for $65,000. If continued funding is not received, the program would be evaluated and included in subsequent years CCS0 budget request based upon available budget dollars. R~COM~ENDATIONs That the Board of County Co.missioners approve the Certification of Acceptance and signatory authority letter for the subgrant award for the State of Florida STOP Violence Against Wo~en Oran:s Program grant number 98-DV-TT-09-21-01-043. CERTIFICATION OF CONFISCATED TRUST FUND IL~O~IST This request is a legitimate expenditure of Confiscated Trust Funds %under Section 932.7055(4) (a) Florida Statutes to provide matching fuxlds to obtain federal grants. ~ry%- al K. Kinz~l, Finan~ D{rector ~PRO~D BY: ~ Don"Hunter} Sheriff DA~: M~rch~13._ ~998 "' i MAR 2 19 8 / J 3301 E~ Tamiami Tndl · Naples, Fk)rida 34112-4977 (~41) 774-8097 · Fix (941) 774-3602 March 24, 1998 State of Florida Department of Co~x~unity Affairs Governor's Task Porce On Domestic Violence and Sexual Violence 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attn: Rosa M. Morgan, Chief Bureau of Cou~/nity Assistance Re: 98-DV-7T-09-21-01-043 Signatory Authority Dear Ms. Morgan: Pursuant to the referenced grant, Sheriff Don Hunter has my permission to have signatory authority on grant related documents. SIGNATURE 'x. Sh~rtf[. Don Hunter Sincerely, Barbara B. Berry Chairwoman County Commission , _ State of Florida Department of Community Affairs Bureau of CommunityAssistance Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 98-DV-7T-09-21-01-043 in the amount of $173,400, for a project entitled: Domestic V£olence Unit Project for the period of 09/01/97 through 02/28/99, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Co,,~,,unit¥ Affairs' conditions of agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) Collier County C~,,hission Approve~_~A~ ~ ~,az ~o form~Dg,~~-& le~_.~ s~ f~ci~=¢y~ Aaa~t.xn~ Cc~z:tj~ Attorr.~y AIIE~.. D~c=.'~ E. B~OCK, CLE~ DCA-CJ Form 1 (June, 1985)