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Agenda 03/10/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 10, t998 9:00 a.m. NOTICE: ALL PERSONS WL~HI~G TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PIrJOR TO SPKAK~G. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTILATOR PPJOR TO ~ PRESENTATION OF THE AGENDA ITEM TO BF- ADDRESSED. REQUESTS TO Al)DRY. SS THE BOARD ON SU]L/ECTS WHICH ABX NOT ON TH3S AGENDA MUST BE SUBMITTED IN WRITING WITH EXPIATION TO THZ COUNTY ADMiNiSTRATOR AT LKA~T 13 DAYS PRIOR TO 'l'BX DATE OF THE ~G AND WILL BE HF. ARU UNDER '?UBLIC PETITIONS'*. ANY PER$ON WHO DECIDES TO APPEAL A DECISION OF TH~ BOARD WILL NF, I:D A RECORD OF TKE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, W'HICll BXCORD EqCLUDF~ THE TESTIMONA' AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (S) MINUTF~ UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE ClIAIRMAN. ASSISTED LISTElVI~G DEVICES FOR Ti~ HEARING IMPAIRED ARE AVArlABLE IN ~ COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO l:00 P.M. 1. ENVOCATION - Father William Kehaye~ - St. Katherine's Greek Orthodox Church 2. PLEDGE OF ALLEGL~NCE APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES A. February 17, 1998 - Regular meeting. B. Feb~ary 17, 1999 - Work, bop (Palm Cottage Meeting). PROCLAMATIONS AND SERVICE AWARDS A. PROCLK~LATIONS 1) Proclamafloa proclaiming the week of March 8 - 14, 1999 u Kam~ Y~.r County Governtneut Week. To be accepted by Kemo~ Polite, Louuk hatos End Brandy Klrw&u. 1 March 10, 19~8 10. 2) P~ pr~cl~g the week of' March 15 - 21,199~ m JaveMle Jmtfc~ Week. To ~ ~ by M~ P~ Bm, ~m~, ~ ~ ~ n. SER~ AW~ 2) G~ G. ~. ~~t ~ ~. IS ~ P~E~A~ONS 2) P~~ ~ ~ ~d~ ~ m W~ ~ Aw~ To ~ ~ ~ Jo~ ~yer, ~ycllng C~inaMr ~ ~h~ ~d W~ ~~ ~ROV~ OF ~E~'S ~RT ~YS~ OF ~G~ TO ~ER~ FOR CO~GEN~ B. To ap~Jnf a ~p~nUtJ~ ~ t~ ndltor ~ ~jfl~ h ~pHM ~ ~da Stx~ 11.45. P~LIC P~ONS w~vcr ~ ~t f~ for Women's H~tb W~ ~ , CO~ ~~~TOR'S ~RT COM~ DE~LOP~NT & E~O~NT~ SER~ B. P~LIC C. PUBLIC SKR~CES D. S~PORT SER~CKS CO~ ~~TOR F. A~ORT AU~O~ COU~ A~O~EY'S ~PORT ~ommenda~ to apple a ~ ~ A~meut with ~ & Ma~i~ ~ ~ c~n~! to ~p~ng ~n~ ~la~g ~ c~nty's p~ ~i~ in~ i~d~g ~i~nt dom~n p~din~ for t~ ~n~ ~ad ~p~t P~ ~ N~ ~1) ~ ~dio ~ad ~d ~lden Ga~ Pa~way ~d t~ ~4~ng lmp~emen~ for ~-~lllng ~ad ~J~ N~ 62031) ~n ~ ~d~ ~ ~O~ OF COUNW COM~SIO~E~ ~ Ap~intment ~m~r to ghe ~ Gate E~at~ ~d T~ C~ml~ 2 Ma~c.h 10, 19~8 11. OTI~R ITEMS OTHER CONSTITUTIONAL OFFICERS 1) Appn~e lease agreement for ~ ~pace to be ~ by the Sheriff's ~ FU~LIC COMSfENT ON GgN~RAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMED~LY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC ~EARI~GS - BCC COMPREHENSIVE PLAN AMENDMENTS ZONING 1) Pt~tk~ PUD.90-36(1), Dwight Nadeau of McAnly Entineerlng ami Design, Inc., reprezenflng Colonial Equities, Inc., requtsthsg a rezone frtm PUD to PUD for the planned unit development known aa Ssddkbrook Village, having the effect of repealing and readoptlng a new PUD docnment and Master Plan for property located on the north side of the Intersection of Radio Road and Davis Boulevard, ~o~tb of I-TS, in Sec. 34, T49S, R26E. 2) Petition R-97-1 I, Dwight Nadean of McAniy Engineering mad Design, Inc., representing James lt. Coio~mo, Tms~e of Ultimate Land Trust, requesting a rezone from PUD to "A" Rural Agricultural with a 'M~iO' overlay for property located on the north and ~onth ddes of bnmokake Road ia SecL 17, ~0, ~9 and 30, T48S, R~TE. 3) Petition R-97-10, Michael R. Fernande~ AICT, of Planning Development Incorporated, representing Jmes W. Tobln, Fire Chief reprexenting North Naples Fire Control and Rescue District, requesting a rezone from Agriculture to "P" Public U~e District for development of a fire station for property located ruth of Pine Ridge Road, approximately ½ mile we~ of i-75 in Set. Il, T49S, R26K. 4) Petition PUD-82-33(I), Michael R. Fernandez, AICP, of Planning Development, locorporated, representing Harig Mznufacturing Co.-potation reques6ag a rezone frown PUD to PUD known aa Wiggins Bay for the purpo~ of eHndnaflng commercial land uses and replacing same with a 7 story residential beilding cont~,,lng 56 dwelling units for property located on the southeast corner of the intersection of Vanderbiit Drive and Wiggins Pass Road in Sec. 16, T48S, R2$E. Petition PUD-97-18, Kxren Bishop of Project Management Services, lac., representing Signature Communities, Inc., requesting a rezone from RMY-12(6), and RbfF-12ST(6) to PUD to be known as The Dunes Planned Unit Development for a maximum of 531 multi-famfl! dwelling units for property located on the northwest corner of l ! 1* Avenue North CBluebill Avenue a/k/a C.IL ~463 and Vanderbilt Drive (C.R. 901). Petition PUD-97-1?, Bruce J. Siclliano, AICT, of Agnoli, Barber & Brundage, Inc., and Dudky C,~md~ette of Goodletle, Coleman & Johnson, P.A., 3 Ma~ch 10. 1998 13. 14. 15. repreaeuting Amerada Hem Corporatkm and Garreff F. X. Beyreat ami Teryl Bridal, ~g a ~ f~ ~" Estatm to PUD to be known at Pine Ridge Corners PUD for property located oa the aorth side of Piae RMge Road and wm~ of 1-75, turner d~crfbed a~ Trac~ $ec~ 7. T49~, R26E. (Co~tiaued to the meeting ~ PUD47-31(3), Timothy W. lrergusm md Domenico Gadak~a repruentiag SJG Laud Trust requesting a re2me from *'PUD" m ~PUD' for the planned trait development known at Gadakta for property Jocated oa the we~ side of Old Tamlami Trail North/Old U.S. 41 North (C.R. 8~7) nd immediately contiguous the Lee county boundary line ia Sec. 10, T4~, R26~ (Cootin~! to ~ metering of C. OTI~R 1) Aa Ordinance amending CoilLer County Ordinance No. 72-1, st ameaded, whkb created the CoHkr County Lizbting Di~rict by dekflag Cmmtryside Ualta 1, 2 & 3 and Royal Wood Golf and Country Club UMta 1, 2 & 3 from the Coaler County Ughflng District; prm4dlag for Jachzdoa ia Code of Laws and Ordlnanc_~; providing conflict and severlbillty; and pr~4dlng aa effective date. 2) Aa Amendment to the Code Enforcement Board Ordinance (No. 9240) providing for Notice for Code Enforcement Proceedings by po~ing. BOARD OF ZONLNG APPEALS ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - AJI matterJ ii,ted under this item are considered to he r~mtiae and action will be taken by one motion witbout separate di~cuuion of each item. If diacutsion ia de~ired by · member of the Board, that item(s) will be removed from the Consent Agenda and con:idered separately. COMMUNITY DEVELOP]WENT & ENVIRONMENTAL SERVICES I) Satisfaction of lien for Re~olution 97-I00. 2) Satisfnctloo of llen for Resolution 97-125. 3) Acceptance of an aJternate performance and maintenance security from the developer of Heritage Greens. 4) Approval of the fintt plat of"Co,ton Green". PUBLIC WORKS 4 MA'ch 10, 1998 1) 2) Recommendatkm to purcbaJe pre-fllten from the George S. Edwmb Comp-ny, ~ Awed of a Coo~tructk~ Contract to Envtrc~inde~ Inc. for Phase IV, County- wid~ ~tch Bank Clearing Project, Bid N~. ~-2776. 3) Work Order to Ag~oll, Barber & Brmldige, lac. for ~ of Naples PLrk DrainAge Project AJ~smem 4) Approve Ready Mix/Com:r~e Bid ~F)8..2773. Appr~ Clm~ Or~r N~ 3 Crm~) to Comet N~ 97-2626, ~ Idand T- Grolu Coa~ructlou. Adopt · Re~olutJoa urging the 1998 FLorida t,qJdamre to pm HB 3427 ami SB 8~2, which provides · dedicated funding source for Statewide Beach Menazemalt. PUBLIC SERVICES 1) Award Park Impact fee study to HenderMa, Young and Compnny. 2) 3) 4) Approve an interlocal agreement for recreational facility use of Schoul District facilities. Approval of contract with Big Wave International, loc. For oerylces at Parks and Recreation Youth Nights. Apprm'al of position upgrades at the Golden ~;ate and lmmokaJee Pool facilitieL D. SUPPORT SERVICES 1) Renewai tnd approval of prequalified list of appraisers and appraJud firms for re~] estate appraisal and valuation ser~4ces which the County may require from time to time, pursuant to RFP 95-2338. 2) Approvtl of a budget amendment to Fund 516, Property & Cmalty Insurance. Resolution approving tbe SatiKac~ion of Liens for certain residential accmmts wherein the County has received payment and said I,~ens are satisfied in fall for the 1991 Solid Waste Collection and Disposal Services Special Asfemmew~ 4) Resolution approving the Satisfaction of Lien~ for ceruln residential m:courd wherein the Coonty has received pa}~nent and said liens are satisfied in full for the 1992 Solid Ws.~te Collection and Disposal Serv~es Special Auessments. Re~olution approving the Satisfaction of Liens for certain residential accounts wherein the County has received payment and sxid liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Service~ Special ,q.ueffments. Approval of purchase of a chilled water pump for the Main Government Compiet. ]~larch 10, 1998 November 15, 19~ Awtrd Bid Number 90-2772, "TrlnmJMoa OvertdM l:r~Atatge oa AS3S0 B2 llei~opter", to AZZMAC Helk:opter Cemer. 9) Approval aud executioa orSatisf~ctiom or Notice to Prombe to P17 md Afream~ to extend payment of Warn* nd/or Sewer System Impact Fee. L COUNTYADbfl3TIS~TOR 1) Request for the Board to adogt the accompltyhg reoolu~ approvJ~ the transfer or Wmewater Certificate No. 0~ from Bookta-y BF~ Uttlfty Comply, IBC. to Rooket7 Ba7 Ser~a:es, IBc. fo~ the continued provbioa o~ wutcwater service to the approved service area, as m:anmcsKSed by the CoilL~r County Water and Wastewa~r Amtbor~. 2) ~udLTt Amendment R~port F. BOARD OFCOUNTYCOMMISSIONERS G. MISCE~OUS CORRESPONDENCE !) MI~ELI.ANEOUS ITEMS TO FILE FOR RECORD WrFH ACTION O'I'H~R CONSTITUTIONAL OFFICERS 1) Cootr~:t with tke City ~ Marco blxnd for future city council etectionL L COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. ADJOURN ]~LQ.~QNCERN lNG CHANGES TO ~YE BOARD'S AGENDA SHOULD BE MADE TO ~ COUNTY AD,, MIN~STRATQR'S O~P'~CE AT 774~,, ~_.)~ 6 Match 10, 199~ A(;ENOA CHANCES BOARD OF COUNTY COMMISSIONEP~' MEETING MARCH I0, 1998 ADD: ITEM II(A)(2) -APPROVAL OF COURT SERVICES (20TM JUDICIAL CIRCUIT) INVOICES. (STAFF'S REQUEST). WITHDRAW: ITEM 1I(A)(1) - APPROVE LEASE AGREEMENT FOR OFFICE SPACE TO BE UTILIZED B Y THE SHERIFF'S OFFICE. (STAFF'S REQUEST). CONTINUE: ITEM 12(B)(5) TO 3/2 7/98 MEETING: - PETITION PUD 97-18, SIGNATURE COMMUNITIES REQUESTING A REZONE FROM RMF-6, RMF-12(6) TO PUD TO BE KNOWN AS THE DUNES PUD LOCATED ON THE NW CORNER OF 11TM AVE. NORTIt AND VANDERBIZT DRIFF_.. (PETITIONER'S REQUEST). MOVE: ITEM 16(E)O~ TO 8(E)(1) - BOARD ADOPT THE ACCOMPANYING RESOLUTION APPROVING THE TRANSFER OF WASTED'ATER CERTIFICATE NO. 06S FROM ROOKERY BAY UTILITY TO ROOKERY BA Y SER VICES, INC. FOR THE CONTINUED PROVISION OF W~VTEWATER SERVICE TO THE APPROVED SERVICE AREA. (STAFF'S REQUEST). PROCLAMATION N/HE~, co~tnty government b a complex and multifaceted process which affects the lives of all residents of Collier County; and FP~HERE~,, an increased knowledge of how various aspect~ of county government work can enhance an individual resident's quality of life in Collier County; and N~IERF_M.S, it i.~ desirable for all county residents to be Imawledgeable of the county 's government and how it works. NON,/ THEREFOR. E. be it proclaimed by the Board of County Comm~sioners of Collier County, Florida, that the week of March 8 - 14, 1998, be designated as KNOW DONE AIV:D nAR i0 998 WHEREAS, WHE~, PR 0 CI.A MA ]"ION the State 's juvenile crime problem has ramifications far beyond the juvenile justice system and affects the health and integrity of the State '~ business, community, education and family institutions; and the State as well as Collier County must therefore employ a comprehensive strategy to n_d.~_ ess the problem of juvenile crime tf the problem t~ to be effectively solved; and Collier County w~ll not tolerate the criminal activities of our youth; and the citizens of our comrmmtty need to have a heightened awareness of juventle justice issues; and Collier County ~ of Juvenile Justice, the Collier County JU4~de'~"J~tte~ Cou~l~ on Fograrns for the NOW DONE AND ORDER. ED -- e~rort to EXECUTIVE S~Y RECOMMENDATION TO RECOGNIZE AMY TAYLOR, PLANNER H, IN THE PLANNING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION AS EMPLOYEE OF THE MONTH FOR MARCH 1998. OBo~rE: Thc "Employee of the Month" Program is designed to recognize exceptional performance plus uniqt;ely identifiable contributions which l:mxluce significant results for the Coumy. ~ON SIDER,&II.O_~S_: Amy has recently been involved in the management of several key Metropolitan Planning Organization (MPO) activities; most notably, completion of the application for the U.S. 41framiami Trail Scenic Highway designation. Amy has been responsible for the nearly year- long public involvement process and has served as staff liaison to the Citizen Advisory Cn'oup in ~his effort. Amy has demonstrated ingenuity and innovation id finding ways to expand staff's assistance on this project. As an example, Amy has helped negotiate a general service agreement with FDOT to assist the Citizen Advisory Group in the completion of phase two of this project. Amy has also served as the MPO staff liaison to the MPO Citizen Advisory Committee and should be re. cognized for her recent completion of an information packet which will be used by new advisory, comminee member~ to learn more about the functions of the MPO. This document has been so well received that the FDOT has requested copies to use in their training efforts. Without reservations, Amy Taylor was nominated and selected as Employee of the Month for March 1998. ~$CAL 1[~~: "Employee of the Month" selectees receive a $50.00 cash avngd. Funds for ~tis award are available in the MSTD ~ Fund, Core--ye Planning (126-138322). RECOMMENDATIOn: That Amy Taylor be recogniz~ ss the 'En~ployee of the Month" for March 1998. PREPARED.BY: ~'DATE: ~o .~,~,,.,~.fl~e Admi~ism~ive ~ APPROVED BY: INTBKO~flCB MEMOKANDUM TO: FROM: DATE: Kathy Mayflood, Senior Secretary Board of County Commissioners Joan B. Mayer, Recycling Coordinator (~ Solid Waste Department 2./23/98 RE: Presentation of 'Florida School to Work Zone' award The award is caii~:l the Florida 6cl'K)ot-To-WorV, Zone awa~ fa'the 199~-97 school year, It is given to a select group of businesses locally and statewkle that m#t the ~tate criteria of participating in at least 4 activities in support of the School-To-Career System Initiative. Ed Ilschner, Public Works Administrator, has requested a ~ of this awan:l at a March Board meeting. Josn B. Mm/er, is one of 10 local business re131~ntatlve$ who received the award on February 5, 1998 from the Collier County School Board. Below is the description and mason why the Solid Waste Department was selectod as the molpleflt Each year, the Solid Waste Department's Recycllng Section pmvtdes approxirnately ~K)0 houm of time and $7000.00 of in.kind and other contributions to public schools to promote proper solid waste management and recycling programs. The Solid Waste Department has met the following state criteria · 1. Produce curriculum for teachers to use regarding solid waste management and recycling. Special Curriculum guides are gNen to each 5~ g..rade class i~articipating in Field studies program. Other study aids am given to any k-12" classroom that requests them. 2. Provide in-school programs: special guests, exhibits & demonstrations Provide field tdps and hands on learning outside of the classroom. From October. April, Landfill tours, Transfer Station and Recycling Center tours along with bus transportation is provided. Approx. 1500 students take this tour each year. 4. Mentoring and Career Development- provide role model, volunteer opportunities, and career development information upon request to high school and college students. Thank you for putting this on the agenda in March. Please let me know if there is anything else I need to provide to c~arlf7 this presentation. C: David W. Russell, Solid Waste Director MAR I 0 EXECUTIVE SUMMARY TO APPOINT A R~P~E~A~ TO THE COMPLIANCE WIT'H FLORDIA $7'A UTE 11.45. AU~T~ SELECTION COMMIYTEE IN OBJECTIVE: To ~elec~ a repregntative of the ~ of Coqmt~ C. ommi~om~ to ~rve on the Auditor Selection Corrm~e. CONSIDERATION: The curry! conff'act with Arthur Aodera~ for audit services c-xpir~ ~xm ~ presentation of f~c. al year 1996/1997 financial mleme~ to the ~ TI~ seleclio~ ofa ~ ~~ ~ ~ ~t ~ ~ ~ ~ 11.45 ~ ~e ~ S~. ~ ~e ~ ~ of ~ m~ ~ ~ =~ of ~ A~ ~ ~~. ~ ~ ~ ~ ~ of ~ ~ ~ el~ ~ ~ s. 1 (d), ~ ~, S~ ~~ ~ ~ ~ ~ ~ ~ of FISCAL IMPACT: No~e GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Boaxd take action to ~oint a representat/ve to the Auditor ~election Comrr, irtee in compliance with Florida Statutes. Prepared By: ~,~ ~. ~ JJ~me~ L. Mitchell, CIA, CFR, CBA Director of Finance and Accounting Da~e: ~ Da~e: _~ 1 0 l JB February 25, 1998 COLLIER COUNTY ADMINISTRATOR'S OFFICE 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941) 774-8383 FAX {941) 774-4010 Ms. Dexle Poeltl Collier County Medical Society ~ Foundstion 630 We~ Avenue Naples, Florida ~4105 A CERTIFIED BLUE CHIP COMM UfflTY Re: Request for Public Petition - W~iver of Permit Fee - Women's Health Week Ms. Poeltl: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of'March 17, 1998 regarding the above referenced subject. Your petition to the Board of'County Commissioners will be limited to ten minutes. Please be advisexl that the Board will take no action on your petition st this meeting. However, your l~ition may be pl~:ecl on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your ~ncem and the need for action by the Bo&rd at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on Se Third Floor of the Administration Building (Building "lv') of'the 8overnment complex. Please arrange to be presem at this meeting and to respond lo inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very/~tmly yours, County Admi.,'ti~rator RFF/bp County Attorney Corranunity Development Division Support Services Division AGEt:DA ITEM COLLIER COUNTY MEDICAL SOCIETY ALLIANCE FOUNDATION WOMEN'S HEALTH WEEK 630 We, t Avenue · Naples, Hori~ 34108 * Phone (9~i~)~jJ,~li)9~941) 592-02 ~ F. F~~ ~ ~ ~rator 3301 T~ T~ ~ Napl~, ~ 34112 BT: _ Wom~'s HeaJth Week Pace - March 28, 1998 / Viney~ds REQUEST for PUBLIC PETITION - WAIVER OF PERMIT FEE ~.Fernand~ The Collier County Medical Society Alliance (CCMSA), with the assistance of GulfCoast Runners, is again planning to sponsor a 5 mile Race./Fun Walk in the Vineyards in conjunction with the 3rd Annual Women's Health Week - "A Celebra~on of Wdlness" (March 24- 29, 1998). Proceeds from the race and all other activities planned for this week will benefit three local charities: ChiMProtection Team, Youth Haven, and The R/cl'yKingFuna: CCMSA would like to be placed on the Board of County Commissioners agenda so that we may request a waiver ofthe $125 county permit fee for this charity event. In its first two years, the Worn~n's Health Week campaign of awareness, education and support, reached over 45,000 poople and raised over $50,000 for local cancer support groups and sevices through the comprehensive, week-long format ofevents. The 5 mile Race/Fun Walk has become an integral part of this week as a great family event and as a wonderful way to promote the wellness. The details of the race remain unchangod bom the last two y~trs and are enclosed for your reference. Additionally, Gulf Coast Runners will be supp~g the necess~ cones for tra~c control and we plan to have a manbex ofvolumeer~ on hand to help with directing vehicles. We have notified Ms. Dianne Flagg, Director of Er~-'rgency Services and Lt. Bill Stiess of the Collier County Sheriffs Depaxlmeat of our plans for this race. PLEASE SEND WRITTEN COORESPONDENCE DIREC'I~Y TO MY A~ON at: 305 Pirate's Bight, Naples, 3410~. Should you hav~ any furthex questions, I can be reach~ at Phone 434 - 0876 or I~AX 434 - 08~. Thank you in advance for your Sincerely, Dede PoeM; 1998 WHW Sponsorship Chsir / Rnc, e Committee cc: Timothy I. Constantine, Commissioner, Distrist 3 "A Celebration of Wellness" AGEndA JTE{M HAR 10 ~.XE CUT~'~ S~Y Recommendation to approve a Legal Services Agreement with Fixel & Maguire as legal counsel to represent county relating to count~' s property acquisition interests including eminent domain proceedings for the Livingston Road Improvement Project (Project No. 60061) between Radio Road and Golden Gate Parkway and the six-laning improvements for Airport-Pulling road (Project No. 61031) between Pine Ridge Road and Vanderbilt Beach Road. OBJECTIVE: That the Board of County Commissioners approve the attached Legal Services Agreement with the law firm of Fixel & Maguire as legal counsel to represent county relating to county's property acquisition interests including eminent domain proceedings for the Livingston Road Improvement Project (Project No. 60061) between Radio Road and Golden Gate Parkway and the six-laning improvements for Airport-Pulling road (Project No. 62031) between Pine Ridge Road and Vanderbilt Beach Road. CONSIDERATIONS: The County has a need to move expeditiously regarding eminent domain proceedings and construction on these two projects. The use of expert outside counsel in coordination with the County Attorney and staff better assures legal project milestones being timely met and the work on the ground proceeding apace. Attorney Joe Fixel or the firm of Fixel & Maguire have been counsel for Collier County on many projects over several years. County Atterney staff will be utilized with the firm to reduce costs. The County Attorney has reviewed this approach/selection with the OCPM Director and Public Works Administrator, who concur. FISCAL IMPACT: Legal services will be at the discounted rate of $200.00 per hour for non-trial work and $235.00 per hour for all trial work. Funding is available for these projects as follows: Livingston Road - Project 60061: Fund 313-163673; Airport- Pulling Road - Project No. 62031: Fund 33-163650. GROWTH ~ANA~ i~AC~: Both road expansion projects are planned and scheduled to meet County growth requirements. RECO~ATION: That the Board approve the attached Legal Services Agreement with the firm of Fixel & Maguire and authorize the Chairman to execute same. Approved by: David C Weigel County Attorney Date DCW/dda/h:cxccurivc summa:rics/1998/£txcl rc L/vinjston Rued m~d Airport Pu:)~ CTTfig)C~ dorrmn AGENDA ITEM No. q[n) __ 1998 ~EGAL SERVICES AGREEMENT THIS LEGAL SEKVICES AGKEEMEN~r made and entered into this day of ,1998, by and between the Board ef County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, (hereinafter referred to as "Counsel"). ~SSETH: The parties hereto, in consideration of the premises and the covenants contained herein, · mutually agree as follows: 1. Counsel is hereby retained by the Board to represent and assist the County relating to County's properly acquisition interests including eminent domain proceedings for the Livingston Road Improvement Project (Project No. 60061) between Radio Road and Golden Gate Parkway and the six-laning improvements for Airport-Pulling Road (Project No. 62031) between Pine Ridge Road and Vanderbilt Beach Road. 2. Counsel, upon authority of the County Attorney, is to prepare all legal documents, correspondence, communications, etc. and to attend all negotiation meetings, settlement conferences, court hearings and trial(s) necessary during any eminent domain proceedings for Project No. 60061 and Project No. 6203 I. 3. The Board, through its Office of Capital Projects Management hereby agrees to pay Counsel as compensation for legal services at Counsel's discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial xvork. Counsel shall be compensated at $60.00 per hour for paralegals providing services hereunder. 4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of ma:ding, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are[~uppo~A iT[M ! so. ! appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 5. A statement or invoice for legal services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, otherwise lmown as 'q'he Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 218;74, Florida Statutes. If the County fails to pay any invoice for legal services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the due date. 6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this A~eement. Counsel shall carry Lasvyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Pd,,k Management Department within fourteen (14) days of the date of this Agreement. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be AGENDA IT. EM No. q (A~ l 1698 Page 2 of 4 P; .....q a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of County, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total con. tract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to Counsel for performance of services authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an empIoyer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. 9. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. 10. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each Page 3 of 4 during the thirty (30) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 11. This Agreement shall be effective upon execution by the Board and Counsel. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above Wrl2qESSES: FIXEL & MAGUIRE (Pr/nted witness signature) Joe W. Fixel, Esquire (Printed witness signature) ATTEST: DWIGHT E. BROCK., CLERK BOARD OF COUNTY CONL%~SSIONERS COLLIER COUNTY, FLORIDA By: By: BARBARA B. BERRY, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel Count'/Attorney Page 4 of 4 Approved by: Adolfo GorLzalez Office of Capital Projects Management No._ q t~ ]~l~.~I~: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 13, 1998. CONSIDERATIONS: This 5 member committee serves in an advisory capacity to thc Board of County Commissioners for the ptwpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Prol:~'ties In¢..(f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as 'Golden Gate Estates.' Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list ofthe current membership is included in the backup. Ms. M. Joarme Sandy resigned on August 25, 1997. A press release was issued and resumes were received from the following interested citizen: APPLICANT DISTRICT ELECTOR Karen M. Acquard (Phase I) 5 yes COMMITTEE RECOMMENDATION: Karen M. Acquard ' FISCAL IMPACT: NONE GROWT~ MANAGEMEINT IMPACT: NONE ~COM341~NDA~ON: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to fulfill the remainder ofthe vacant term, expiring on October 13, 1998; and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filaon, Administrative Assistant Boa. rd of County Commisaioner~ Agenda Date: M.ARCH 10, 1998 14AR 1 0 1998 Pg. INTEROFFICE MEMORANDUM TO: FROM: SUEJECT: DATE: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMiSSION~S SANDRA TAYLOR, DIRECT~ REAL PROPERTY MANAGE~EPARTMENT GOLDEN GATE ESTATES LAND TRUST COMMITi'EE VACANT POSITION FEBRUARY 24, 1998 The Golden Gate Estates Land Trust Committee Members, at their February 23, 1998 meeting, unanimously recommended the Board of County Cornmiss~x~ers accept the application of Mrs. Karen Acquard for membership to the Committee. Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. AGE ND,,~ Z~EJ~ No o.~,~.~ 1O1998 PO- ~ Golden Gate Estates Land Trust Committee 597-6774 10/10/9:$ 10/13/99 4 Years 35,3-5713 Charles Purcell VaaC.~ld~r, I 760 7th Su'm~, $.W. Naples, FL 34117 Dlsrri~: 5 C~t~Zoo,: Phase l Lillian .rottrdan re,~ 5630 26th Avenue, S.W.C~ Naples, FL 34116 D~/r/ct: 5 Cat~gory: Phase I M. Joann Sa~d:y' 2731 2nd Str~-t, N.E. Naples, FL 34120 Distr/ct: 5 Category: Phase Ill 09/17/96 10/13/97 1 Year 9/23/97 10/13/01 4 Y~rs 263-7700 02/09/93 10/13/94 5 Years 353-7~57 10/11/94 10/13/98 4 Yesrs Stq~hen B. 2780 8th Str~, N.W. Naples, FL 34120 Dim/ct: 5 C~egory: Phas~ 0I 455-1204 10/11/94 10/13/98 4 Year~ Matthew F. Hud. son 321 13th Street. S.W. Naples, FL 34117 D/sm: 5 Cattgor. v: Phase I 353-,t3~ 05/11/93 10/I3/95 2 Years 455-5072 10/10/95 10/13/99 4 Year~ This 5 m~rnber committee was created by Ord. No. a?-48, ~ b~ Org. No. r/'*~8 ~ 94., P,,ogerttes, Inc, (f/d/a GAC P~ Inc.) Al~l~ts mus~ ~ ~ I~ subdlvtMo~ kno,~m Estates area. Tern~ ere 4 ya~m Sandy T~yio?, Ra~l Prop~"~ ~ 774-6~91 No MEMORANDUM DATE: TO: FROM: February 9, 1998 Vinell Hills, Ek~'tions Office Sue Filson, Aa,~{n{su~ve Ass~ Board of CounW Co~ssiouerm 98 FEB ! 0 ;'ff 2.' 06 Vo~'r Re~isu-~ou - Advisory Board Appoiutmeu~ The Board of County Commissioners will soon consider the following individuals for appointment to one ofthe county's advisory committees. Please let me know if those Hs~ed below are regis~red voters in Collier County. Also, please list the couuuission district iu which ea;h applicaut r~sides. G,G, ESTATES LAND TRUST COMM1TrEE COM]VflSSION DISTRICT Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 Thank you for your help. #o,_./_L/--~ tdlAR 10 1998 MEMORANDUM DATE: TO: FROM: February 9, 1998 Sandra Taylor, Real Property Direc~ Sue Filson, Administxative Assistant///- , Board of County Commissioners Golden Gate Estates Land Trust Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follow~: Karen M. Acquard 441 24th Avenue, N.E. Naples, FI, 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi.me, and I will prepare an executive s.ummary 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 NO HAR 10 1998 441 24th Avenue NE Naples Florida 34120 January 29, 1998 Collier County Board of Commissioners 3301Tamiami Trail East Naples, Florida 34112 Dear Commissioners, I am applying for the position on the Golden Gate Estates Land Trust Committee created by the resignation of Lillian Jordon. I understand that Ms. Jordon resides in Phase I, so her resignation should create an opening in that phase. I have been a resident of Golden Gate Estates for over six years but I've watched Golden Gate and the Estates grow from a gleam in the developer's eye to where it is today. The last few years I have become actively interested in civic affairs of the county, especially the Estates area. One of the latest projects that I worked on with other area citizens was finding a way to bring more Jobs to Golden Gate. This was part of an on-going class project for Learn To Lead, given by the Cooperative Extension Services for the University of Florida. I have twenty two years of business acumen but have been involved with community affairs most of my life. As an adolescent I was a Girl Scout. Working on merit badges and curve bar I learned from government leaders.,, As an adult I have belonged to a number of service organizations, rising to the rank of presiding officer or board member on some. I am still acquiring knowledge, but through these organizations I am able to use my knowledge and experience for the betterment of my community. Since I live in the Estates I want to see the area thrive with respect to the land and land usage. am committed to making Golden Gate Estates a first class community. I sincerely request that you consider my application and thus allow me to serve my community, my county and its leaders effectively. Sincerely, Karen M. Acquard AGF. ND~A/..~, ~.~ ~o.--/-&~ RESUME Karen M. Acquard 44] 24th Ave. NE Naples, FL 34]20 94] 455 83]8 Born in Buffalo, N.Y. June 24, 1943 Education: High School- Attica Central School, Attica, N.Y. graduated ]96] College- University of Bridgeport, Bridgeport, CN graduated with AS in Dental Hygiene 1963 Married 22 years to Donald Acquard 4 step sons living in NY ] son and daughter-in-law living in the estates First moved to Naples ]963 Moved to G.G.Estates 1991 Organizations and Committees Past Matron Order of the Eastern Star, NY and FL Friends of the Library Member Golden Gate Estates Area Civic Association Board of Directors 1996 - Present Volunteer Auxiliary Big Corkscrew Island Fire Department Board of Directors Volunteer Organization 1996-1997 Member of Commissioner Hancockts Consolidation Committee Member of Commissioner Berry's Citizen Commi~tee. AGENDA, iTF.~ I HAR l 0 1998 10 TO: ¢0LDF_.~.' ..q,,4TE E.s'r.4TE.t/..4~X:DADV/~'ORY Since I I~t signed a lease on nvj bathe i~ Goldm Gat~ Ex~ttt$ E~'ettim $gtt~tber 1, 1997, it is ~4th regret that I rt$i&n as a member in the ab, m adffsary .~mn~irtet ~rtctt've,4t~gust $1, 1997. My tinge qxnrt ax a ,~n~t~qtt~e ~tember has bee~ a lr~t~ kaming ~e fvr ~t ~d I ~ill al~yx ha~ an intemxt in the gn~vth af the GGEstatt$ ave~ A G~'N D ,~,,~,~T .EJ~ NO · .~..~Z_. HAR ! 0 1998 OB,IECTIV~: Collier County Board of Commissioners Appointments to the U.S. Army Corps of Engineers Alternative Development Group (Al)G) CONSIDERATIONS: At the February 11, 1998 meeting between the U. S. Army Corps of Engineers, the Lee County Commission and the Collier Couaty Commission, it was agreed that both counties would participate in the U.S. Army Corps of Eagine¢~ Environmental Impact Stalement (ELS). Both counties agreed to make staff and information readily available to the U.S. Army Corps of Engineers. Further discussed was each Board's role in appointing members to the Alternative Developmem Group (ADO). After some lengthy conversation, it was suggested that all three bodies, the Lee County Board of Commissioners, the Collier County Board of Commissioners and the U.S. Army Corps of Engineers would appoint one third of the membership. Each county would appoint its members and the U.S. Army Corps of Engineers could use its appointments to equal out any perceived imbalance. No objections were raised and each Board voted to accept the concur. The U. S. AzTny Corps of Engineers has announced it plans to reveal the scope of the ElS on Wednesday, March I 8, 1998. In an effort to keep the I $ month target calendar intact and to hit the ground running, it has been suggested that the Board of County Commissioners appoint its members to the ADG in advance. The Lee Count), Board of Commissioners has discussed two scenarios. Each has five appointees, one from each Commissioner (I 5 member ADG). Their second scenario includes two additional appointments, the County Planning Director and a representative of the County Auomey's office (creating a 21 member ADG). RECOMMENDATION: That the Board of County Commissioners determine its preferred format, appoint its members to the ADG and forward the list to the U. S. Army Corps of Engineers in preparation for the March 18, 1998 announcement. Agenda Date: MARCH I0, 1998 FIAR I 0 1998 EXECUTIVE suMMARY APPROVAL OF COURT SERVICES (20~' JUDICIAL CIRCUIT) INVOICES OBJECTIVE: BCC approval of Court Services (20u' Judicial Circuit)invoices. CONSIDERATIONS: As part &the adopted budget, the Board of County Commissioners approved a transfer of $3,089,200 to the 20u' Judicial Circuit. This transfer is in accordance with the existing agreement between the Board &County Commissioners and the 20'~ Judicial Circuit for the provision of court services in Collier County. However, the Collier County Clerk &Courts has expressed concerns that the present arrangement does not allow his office to perform properly its pre and post audit functions, since there is only a monthly lump sum payment to the 20'~ Judicial Circuit. The Clerk has also questioned whether the Board can delegate spending authority legally to another entity (Court Administration and the 20~' Judicial Circuit) for discretionary spending powers that reside with the Board of County Commissioners. On March 3, 1998 a revised agreement between the Board and Court Administration was approved. This revised agreement for the provision of Court Services was executed by the respective parties and delivered to the Clerk of Courts last Friday afternoon. The signed budget amendment approved by the Board was delivered to the Clerk's Finance Department last Tuesday afternoon as promised. Based on statements made by the Clerk's staff and counsel at the Board meeting last week, it was ,assumed that, upon receipt of the executed agreement, checks would be issued for outstanding invoices for Court Services. As of Monday morning, no checks have been issued. Therefore, to avoid penalizing the Cou[t Services vendors further, it is requested that the Board approve for payment the attached list of invoices totaling $83,367.05. Payroll checks for employees of the 20''~ Judicial Circuit covered under the existing agreement with Collier County continue to be issued GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The total amount ofoutstanding invoices to be paid s $83,367.05 from the budgeted $3,089,200 transfer appropriation to the 20u' Judicial Circuit. RECOMMENDATION: That the Board of County Commissioners: 1) approve the attached list of outstanding invoices. M~mykowski, OMB Director Approved By: ./~_-~{f' ~obert F. ~er~andez, Cou~dministrator Date: March 9, 1998 Date:; '/ 7 ,~c'-~tf&a ITEM PIAR 1 0 1998 A~; of £ehruary 24, 1998 A~on. Oums. & Carroll 30-Nov~37 6~Feb-98 $ 3o7.50 /Man Productk"x~ 17-~ ,(-Feb--g8 $ 150.130 Alberto Ro~,.~ 2-Fc, b-98 12..Feb-98 $ 5.48 AJox J. Dupey 9-Feb-ge, 12-E'eb-98 $ 45.50 Nex J. Dupc, y 11.-Feb-9~ 18--Feb-98 $ 2~.00 Amcdcan Probat~c~ & P~ol 2~-J=n-g~ 6-Feb-cj8 $ 900.00 n~scrm Maju~to 27-Jan-ga 6-Feb-98 S 2600 Arsene MaJuste 28-Jan-M '6-Feb-98 $ 52.00 ~or~u Maiu',te ~98 a-Feb-g8 $ 45.50 Ar-.,one Majuste 3-Feb-ga 6-Feb. ga$ 45.50 A~ene Mai~s~ 3-Feb-9~ 6-Fe.b.9~ $ 48.7'5 Ar,'.,c, no M:~uste 5-Feb-9~ 9-Feb-g~ $ 26.00 A/Tone Maju=te 6-Feb-g~ g-Feb-98 $ 45.50 A/~ene M,~ur.,t0 9-Feb-9~ 12-Feb-g8 $ 52.00 Amene Id~uslc 10-Feb-g~ 12-1feb-g8 $ 52.00 Az~_.~ne l~Laiu-s~ 12-Feb-ga 18-Feb-98 $ 2600 A~en¢ MajuSte 13-F,-b-I~ 24-Feb.-98 $ 39.00 · %'.s~nc Ma~uz;[o 17-F'eb-g8 24--Feb-g8 $ 26.00 Arscne M~u=lc 18-Feb..g8 24,-Feb-GR $ 52.00 AT&T 12-Jan-g8 6-Feb-98 $ 5.13 ^T&T 13-,Jan-g8 6-Feb-SR $ 19.55 AT&T 18-J;m-g8 6-Feb-S8 $ 5.13 AT&T 18-Jan..g~ 6-Feb.98 $ 5.13 AV~S Caf RcnLa! 11-Occ.~'r la-Feb-ga $ 27 68 13cny & Day 10-Feb-O~ 11-Feb-~38 $ 1.012.50 Berry & C)oy 8cny and D~y 2-May-g7 1~--Fe~,-98 $ 466.20 Berry and Day 3Jun-g7 l~g8 $ 131.03 ~3orry 3nd Cay 5-Deo-97 18*Fab-g8 $ 235.49 .Ether,/and D3¥ 1C.~3co-97 l~-Fcb-~ Berry ~n~ Dm/ 18-D~o-97 le-.Fe_.b-98 $ 5gB. 90 Board ~ Courny C,3mm~.'~s. 20-.L'm-g8 6-Fe1>-98 $ 423.78 flnard of Courtly Corem;ss. 21-Jan-~ 6-F.e~438 S 954.00 Board of C.,c~,'y C, om~. 21-J;m-98 6,-Fe~.98 $ 477.00 : Oo,~d of C~Jrrry ~ $. 21.Jan-ga 6-Feb-g8 $ 1.908.00 Cc~m-nrk [~o~ 17-JuLg? 5-Feb-g8 $ 450.00 C~mt~e F~o 1~Jz~-~J8 4--Feb-98 5, 5.9~5 Dan~y Coron3 20-.Jar~9~l 4-Fe{)-98 $ 5.00 Dav;d J. Mc~nc~ lO-Fob-9~ 12.-E'eb-98 $ 675.00 C~b~a ~Je M."r~ 2~ ~-Feb..98 $ 10.04 DOug Higgins ~6-Jan-~ DSI I.abor-.aLo~us 13-Aug--D? 4.-Feb-98 $ 14:3.15, Ow{chi E. Broc~ 14-,Jarl-gl5 6-F'eb-9~ $ 13.130.00 Dw,;-,h! E. 13roc~ 14-Jan-g8 6--Feb-g8 $ 132.00 Dw;ght E. O~x-x 15-J,3n-B8 6.-Feo-96 $ 5.262.00 Ow~h! F'. Broc~ 15-,Jan-98 6.-Fe.b--98 $ 4.ODO.0U Page; of 4 MAR Dw;0ht E. Rroc~ 15.J3n-98 6-Feb.98 $ 52.00 D'w~0h! E Broc~ 15-,Jon-98 6-Feb-OR $ 13.753.00 D~,~ght E. Broc~ 16-J~t-98 6-Fcb-98 $ 60.00 Ed!c Enlm'prLscc g-Sop-g7 4-Feb-98 E]5;¢ Gortzal(~ 30.,Jan-98 6-Fob.g8 $ 45.50 ~sie Gor[zalos 30-Jan-g8 6-Feb. Cj8 $ 19_50 Elsie Gon~nle3 2-Feb-98 8,-Fcb-gS S 52.00 Elsie Gon.znles 3-Feb-98 6-Feb-98 ~;e Gonznl0s 6-Feb-98 g-Feb-g8 $ 45.50 Els!e Ge,qz:~Ic:z O~Feb.98 12-Feb-g8 S 25.00 E!~¢ Gc~'tz,~z 10-Feb-98 '~2.-Fcb-98 $ 71.50 Elsie Goc[za]ez 13--Fcb-9~ 24-Feb-g8 $ 71.50 F_J~e Gon;ulJoz l?-Feb.-9~ 24.-Feb-g& $ 65.00 Elsie Gonz.3k~ 18-r~ 24-Fob-gB $ 52.00 FJva LongOna ~g7 12-Fcb-('J8 S 7.52 E,~ra V. W~e~lor 30-,Jan-98 6-Fe~-g8 ,5 42.25 Faorbor, C1ff/& PerCz-8*m~o 4--Fcb-9~ 0-Feb-g8 $ 6,033.33 FedEX 1 FedEX 23-Jan-g8 6-F'eb-O8 $ 12.40 G;na Dake 16-J~n-9~ 6-Feb-g8 $ 26g.00 Gregory Gm.,rt Gorgon, Coud RepodJng 14-Nor.g7 10-Fe~-98 $ 7.20 Gregory Coud Repo~ng 3-D~,-97 2-Feb-98 $ 123.33 Harold Adler 2-Fob-g8 12-Fcb-gB $ ~1.68. Harold M. A~lor 2-~cb-98 24~eb-98 ,5 5.84 Herrfng 3nd McMI;lcr Herffr~ and McM, ifler 2'2-D~c.97 11-Feb-08 $ 8.5(3 Horr;.ng and McM;flor 31-Deo-97 11-~e~-98 $ 41.50 Hen[ng ar~ McM~I[er 31-Dee, g7 11-Fcb.g8 !l-tcmng and McM;fle~' 31-Dec, g7 11-Fc-.~-.~, $ Z3.00 .Herring and McM;llo¢ 31-O~mg7 11~eb-98 $ 34.20 'IKON 23..D~o-§7 6-Feb-gS $ 125.00 !ira C.,U c~ .'"l h ~m,k 2.feb-08 18-Fc, b-gR 'JoCy $c.,",o~(/ 4,-Feb-.c~ 18.~eb-98 $ 5.36 John F_ Ryan 24-D,o-g7 11~eb-98 $ 1.195.00 J~n E. Ryun 24-D~o-~7 11:Feb-g7 S 5.14 Joh~ W. Cad~-~ 10-Feb-98 12-Feb-g8 $ 687.50 Jo{in Y~'. Szy~r~nsk~ 3-Feb-98 1~-Fe~-96 $ 5?4 Jc~cph ~royL-? 4-Fob-g~ 24-Fob-g8 $ 10.~t Jo3eph Mm;et~ 29.J'-.n-g8 12-Feb-98 $ 5.38 Josh White 14-Jan-08 4-Feb-98 $ 5.60 J,.'l;3 V. DeLeon 12-Dec-g7 4-Fe~-98 $ 6.50 Jufla V. D~Leon 30-,Jan-98 6-Feb-98 $ 26.00 Julia V. DeLeon 2-Feb-98 6-F'cb-98 S 100.75 J,~o V. DeLeon 3-Feb-g8 6-Feb.-g8 $ 104.00 K3mn $, Bea',,m 8-Dcc-cJ? 11-Feb-97 $ 592.50 M. Antonb V. And'~,,-Doyo¢ 3-Fob-98 24-Feb-S~ $ 45.50 M. J',,~'.on,'3 V. Az~dl.~-~cycr 4-Fcb.~ ~-F'c~-§8 S 58.50 M. AJ'tt.3ni3 V. Ar~l~-Beycr ~Feb-98 9-Feb-08 $ 45 50 ,MACBETH VMco 3--Dec*g? Mnrco O~c~: Supply 13-J;m-98 0-Feb-g8 $ 342.46 P3ge 2 of 4 Mad3 Dolashrc~nt Maria G. M~rfa G. Ma~ O. ~hmct Maria G. ~t~shmct MaAa G. ~133hmc[ MaAa G. M~Q O. D~h~t ~M~ Pr~anaky ~McMillet R~ Se~ce 'McMiH~ Re~ng ScP~ McM~ller Re~ng Se~ce Mic~ol Ja~on M;~acl L~c Jain Nc~Ios C~ Re,ding N~pl~ ~u~ Naples ~u~ Naplos C~r[ Rop~ng Naples C~t ~o~ng Na~es ~u~ R~o~ng Nap(os ~ Nap[~ Coua Naples ~d Rc~ng Nap1~ ~ Rep~Jng Nop~e~ ~u~ Rep~ Naples ~u~ Rep~Jng Naples ~u~ Re~g N~ C~ Naples ~ Napf~ ~ R~ng Napre= C~d Re~n0 11-Fe~-98 16-C~:c~J7 16-DEO97 26-J=n-98 28-Jan-9~ 30-Jzn-9~ 2-Feb-g8 ~Fe~ ~Fe~ ~F~98 17~ 17~ ~-~7 31 ~ ~Fm~ ~J~-~ 7~97 7-~ 8-~ 11 11-~97 11-~ 11~ 1 I~07 12~c~ 12~97 1 ~97 l~r~97 1~07 1 1~97 1 ~7 1~97 1~97 2~7 18-Feb-98 $ 30-Jan-98 $ 30-Jan-9~ $ 6-Feb-g~ S B-Feb-OB $ C--Feb-g8 $ 6-Feb-g6 $ ~-Feb-g8 $ 6-Feb-g8 $ 9-F eb-o-.~ S 9-Feb-g8 S 12-Feb-g8 $ 12-Fc.b-g,-, $ 12-Feb-g8 $ 24-Feb-~8 S 24-Feb-OS $ 24-Feb-g8 S 24-Feb-98 $ 5-Feb-98 $ 6-Fob-g8 $ 5-FoJ~g8 $ 11-FeJ~-~ $ 18-Feb-g8 $ 18-Feb-0~ $ ~l-Fet~ $ 11-Feb-98 $ 11-Feb-gE~ $ 11-Feb.98 $ 11-Feb-98 $ 4-Fob-g8 $ 4-Feb-gfl S 11-Feb-OS S 11-Fub-98 S 4-Feb-g8 S 4-Feb-98 S 4-Fob-gB $ II~eb-98 $ 4-Feb-ga S 4.-F~'~-g~ $ 4-Feb-g8 S 4-Feb-9~ $ 4-FED-98 S 4--Feb-g8 $ 30.,J'an-98 $ 4,-Feb-g~ S .~.Feb-g8 $ 4-Fe~98 $ 11-Feb-g8 $ · l,-F~b-98 $ ~Feb-98 $ 30-Jan.90 $ aZ00 8.00 8.00 80.00 40.00 32.00 80.00 64.00 72.00 120.00 120.00 120,00 80 o0O 96.00 1:36.00 6.08 34.50 100.00 31.20 10.04 ,5.00 250.00 34O0 9.c0' 53.50 5.50 20,00 16.50 56.00 63.00 4S.00 45.00 z5 30 32.50 G7.50 195.00 2S3,50 45.0O 30.00 30 00 45.00 17.50 Pege 3 of 4 Naple.~ Court R~.port~n~3 l'laples Coud Re~5~ Na~ ~M ~ ~ Repc~g Na~ ~ Re.no ~bort ~ ~ R. ~n ~ R. ~n~ L~d S~a S~el Soldo S~I~est FI Repo~r,g SPRI~ SPRI~ SPRi~ m Step~n,a Long~ ~mo~y Le~ Ja~son T~i A. H~c T~i ~ H~n~ T~i ~ Home W, 7-J=n.g8 4.-Feb.98 $ 215.00 7-Jarrg8 4-Feb-98 $ 60.00 /-Jan-g8 4-Feb-g8 5 45.00 7-Jan-9~ 4..Feb.98 $ '30.00 7.Jan-08 4-rcb-98 $ 126.00 7-Ja~-9~ 4.-Fe,~-98 $ 292.50 7-Jan..-3~ 4.~eb-98 $ 49.00 7..13n-98 11~ & 518,00 ~4:)er..98 4-Fet~-~ $ 17.50 ?.3,.Dem. o.~ 4.-Feb-08 .$ 518.00 10-Nov-97 4,-Feb-~, $ 1.075.00 2..Dec-~ 4-Feb-g8 $ 375.00 4,-Feb-g8 24..r--:b.g8 $ 15.80 21..Oct-g7 6.,c'eb.g8 $ 1.143.50 21.Oct-g'/ 5-Fe{~Je $ 21-Oct.97 5-Ee~-g~l $ 5213.50 21-0c~-g7 ~Feb-98 $ 399.00 Z1-0c'.-97 5..!=~).9~ $ 21-Oci-97 (bFeb-98 $ ~.g'5.00 21-Oc~-g7 5-F'eb-g8 $ 1.5~ 50 29-Jan-9~ 4-Feb-98 $ 5.12 4-Feb-98 24-Fob--OB S 5.36 8-0ec-97 184:cb-98 $ 589.7'5 2<J-Jan-98 12~98 $ 6.32 14.Jan-g8 12..Fe.b-~8 $ 5..60 10-Od-g7 i2-F'~l>-rj;3 $ 537.00 19...Jan-98 G-.Feb-98 $ 2~73 1 '"~.J~'~-g8 6-Feb-g8 .% 25.04 1 g-J;mn-P.8 &F~>-98 $ 49.88 f 9-J~n-98 6,-Feb-98 $ 31.36 5-Dec. g7 12-Feb-98 $ 5.00 4-Fcb-g8 2Z-Feb-98 $ 10 04 31-Oec-97 11-Feb-98 $ 5.02 31-Oeo-57 11-Feb-~ $ 1,1r,2.50 10-Fcb-9~ 11-Fc..b-9~ $ 612.50 10.Feb-08 11-Feb-90 $ 15.98 20,-Jan-g8 ll-F:M>.98 $ 47.75 2C~Jan-98 1 I-Feb-OB S 685.00 O-Jan-i)8 12~-98 $ 5.40 3-Fcb-98 l&Feb-98 $ .5.36 26-Jan-90 ~-Feb-98 $ 29-J3n-9~ 6~ F-eh-98 $ 71.50 2-Fete08 f O-F~J:k98 $ 52.00 4- Feb-g8 9-Feb.98 $ 39.00 TO~I: $ 83.367.0,5 Page 4 of 4 EXECUTIVE SUMMARY PETITION NO. PUD-90-36(1), DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING COLONIAL EQUITIF. S, INC., REQUF~TING A REZONE FROM PUD TO PUD, FOR THE PLANNED UNIT DEVELOPMENT KNOWN AS SADDLEBROOK VILLAGE HAVING THE EFFECT OF REPEALING AND READOPTING A NEW PUD DOCUMENT AND MASTER PLAN IN RESPONSE TO ACTION TAKEN PURSUANT TO SECTION 2.7.3.4 (SUNSETTING), RESOLXYI1ON NO. 98-2, FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF RADIO ROAD AND DAVIS BOULEVARD, LYING SOUTH OF INTERSTATE 75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, CONSISTING OF 33.79 ACRES. This petition seeks to amend the Saddlebrook Village PUD while seeking to achieve this by an action to replace the current PUD with a new PUD, thereby requiring a PUD to PUD rezoning action. CONSIDERATIONS: The Saddlebrook Village PUD is located on the north side of Radio Road and extends north to the 1-75 freeway. Even though the action contemplated represents a rezoning from "PUD" to "PUD", land uses (i.e. multiple family housing) and the number of dwelling units to be allowed remain the same, namely 439 dwelling units. This number of dwelling units was only recently re-approved as pan of an AFHDB agreement. The purpose of the requested zoning action is to allow the petitioner to reformat the provisions of the PUD, update references to current LDC references, revise certain development standards and stipulations, and replace the Master Plan with one that reflects the proposed development scheme, and recognizes thc boundaries of preservation areas which have now been more accurately determined as a result of the permitting process. Because of the reformatting style and revisions, a PUD amendment would for all practical purposes have to repeat the ~tire PUD in a strike through underlined format. To repeal the current PUD and adopt a new PUD ,as significant administrative benefits to both public administrators and the petitioner, and is therefore to be encouraged. Specifically, changes of substance include a request to reduce the minimum floor area from 750 to 600 square feet for dwelling units; eliminate a stipulation requiting a stxeet internal to the project be made public in order to interconnect the Palm Springs Subdivision via Pine Crest Lane; and to replace the Master Plan with a more detailed plan of development and one which definitively illustrates wetland preserve areas. It is important to recognize that the EAB approved the revised plan and replacement environmental stipulations. The Collier County Planning Commission reviewed this petition on FebruaD' 5, 1998 ~ (7 to 0) recommended its approval to the Board of Commissioners as described by the document and Master Plan attached to the Ordinance of Adoption. MAR 1 0 1998 The Collier County Planning Commission reviewed this petition on February 5, 1998 and unanimously (7 to 0) recommended its approval to the Board of Commissioners as described by the PUD regulatory document and Master Plan attached to the Ordinance of Adoption. No communication were received in opposition to this petition, nor were any presentations made to the CCPC in opposition to the approval ofthis petition. One communication was received from a property owner in the Palm Springs Subdivision requesting no provision be retained for interconnection. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above the land use, density and intensity of develolSment 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 by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting form the adoption of this petition. Development p~,:~itted by the approval of this petition will be subject to a concurrency re, dew 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. ItlSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommends approval of being a petition to repeal and readopt the Saddlebrook Village PUD in the draft ordinance fbr Adoption and Exhibits thereto. RONALD F. NINO, AICP CHIEF PLANNER REVIEWED BY: DONALD W. ARNOLD, AICP .~~G SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-90-36(1) EX SUMMARY/md 3 DATE AGENDA ITE~ TO: .'ONO COMMISSION FROM: COMMUNI! t t.,~, ,.__ 4Elq'l' SERVICES DMSION DATE: JANUARY 16, 1998 RE: PETITION NO: PUD-90-36(1), SADDLEBROOK VILLAGE OWNER/AGENT: Agent: Mr. Dwight NMe. au McAnly Engineering & Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, Florida 34113 James R. Colosimo, Trustee 4099 N. Trail, Suite 305 Naples, Florida ' Contrax:t Purchaser: Colonial Equities, Inc. 16200 Dallas Pkwy. Ste. 120 Dallas, Texas 75248 REQUESTED ACTION: This petition seeks to amend the Saddlebrook Village PUD while seeking to achieve this by an action to replace thc current PUD with a new PUD, thereby requiring a PUD ~ PUD rezoning action. G,EOGRAPm¢ LOCATION: The Saddlebrook Village PUD is located on the north side of Radio Road and extends north to the 1- 75 freeway (.see location map following page). PURPOSE/D. E$CRIPTIQN QF PRO,rE'CT: Even though the action contemplated represents a rezoning from "PUD to multiple family housing) and the number of dwelling units to be allowed remain 439 dwelling units. This number of dwelling units was only recently re-approved as pan of an AF}~B agreemem The purpose of the requested zoning action is to allow the petitioner to reformat the provisions of the PUD, update references to current LDC references, revise certain development standards and stipulations, and replace the Master Plan with one that reflects the proposed development scheme, and recognizes the boundaries of preservation areas which have now been more accurately determined as a result of the permitting process. Because of the reformatting style and revisions, a PUD amendment would for all practical purposes have to repeat the entire PUD ia a strike through underlined format. To repeal the current PUD and adopt a new PUD has significant administrative benefits to both public administmors and the petitioner, and is therefore io be encouraged. Specifically, changes of substance include a request to reduce the minimum floor area from 750 to 600 square feet for dwelling units; eliminate a stipulation requiring a public street internal to the project in order to interconnect the Palm Springs Subdivision via Pine Crest Lane; and to replace the master Plan with a more detailed plan of development and one which definitively illustrates wetland preserve areas. It is knportant to recognize that the EAB approved the revised plan and replacement environmental stipulations. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North - South - The property, is undeveloped. Exotic vegetation has taken root on a great portion of the property and has overrun much of the native species. The property is zoned PUD for a multiple family residential development not to exceed 438 dwelling units. To the north lies the 1-75 freeway which basically forms a barrier along the north side of the property to the extent that no land use is impacted by development on the subject property. To the east the land is undeveloped. To the south lies the Radio Road/Davis Boulevard mad configurations which come together on the south side of the property. Consequently this configuration right-of-ways acts to form a physical barri~ much like the 1-75 ~y on the north side of the property and does therefore not impact any development. MAR 1 0 1998 West- To the west lies a platted subdivision known Palm Meadows, which is developed in part ~ from a north to south direction is zoned along the contiguous boundary to the subject ~ as follows: GROWTH MANAGEMENT PLAN CONSISTENCY: The Saddlebrook Village PUD was first approved on June 25, 1991 as Ordinance No. 91-58 and subsequently the date by initial development was to begin, and the operative status of the PUD was extended to December 9, 1999 pursuant to the provisions of Section 2.7.3.4 (Sunsetting). The action requested by this petition does nothing to change the land uses or density of development. No cl~anges have been made to elements of the County's Growth Management Plan which would tffect the changes to the SaddIebrook Village PUD requested by this petition. Any development oftbe land is subject to concurrency requirements, while the PUD remnln., consistent with all applicable clements of thc Growth Management Plan. Thc type of revisions represented by this change have no relationship to elements of the Growth Management Plan, therefore, this petition is consistent with the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavaxion or other const~ction activity an historic or azchaeological 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. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land frtnn "PUD" to "PUD". When we usc a mzoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience as it avoids the rtxluirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staffis ofthe opinion that the required findings for standard and PUD rezones do not girly i~ recognition ofthe fact that when the property was initially rezoned, the decision to approve the Saddlebrook Village PUD was based upon a prepoM~ of evidence and conditions which support the required findings for both standard and PUD rezoning actions.3 ~ This amendment docs nothing to change approved land uses or their intensity of development, but rather serves to ~llow the following revisions; provide a framework to redefine the Master Plan layout resulting from permitting decisions on the part of State and Federal jurisdictional agencies, to revisit development stipulations, to revise minimum floor area requirements, to reformat the PUD in the mariner promoted by our model PUD publication, and to convenience the administration of the PUD's regrdations resulting from the repeal of the current document. The thnxst of the decision that has to be made relative to the PUD amendment .~auld focus on whether or not any of the amendments would give rise to any inconsistency with elements of the Growth Management Plan, introduce new uses that while consistent with the FLUE, nevertheless, bring about relationships that were not evaluated ~s part of the original action, or cause development standards to be changed that may adversely affect existing development, and/or if there is not any existing development, cause standards to be enacted that will lead to ill-conceived development patterns with attendant h~alth, and safety related results. Regarding the Master Plan revision, this chang.-, is a requirement of permitting actions and is not necessarily voluntary on the pan of the petitioner. The request to delete a traasportation stipulation that would have an internal street in the Palm Springs Village subdivision intcrcounected with the Saddlcbrook Village's principal road system cannot be achieved because the Saddlebrook Village development is intended to be a gated community, and the streets will be private. The Master Plan also reconfigures the access relationship with the County's external road system. This has been reviewed by the County's transportation staff, while provisitns in the PUD will require the owner/entity of the project to make access revisions when the County effects geometry changes at the point Davis Boulevard and Radio Road come together at some future date. Revision to the development standard relative to the minimum size of affordable multiple family dwelling units are not dissimilar to those allowed by the Land Development Code. The RMF-12 district currently allows one bedroom units to be 600 square feet. In the opinion of staff none of the changes reflected by the amended Saddlebrook Village PUD have any injurious or negative effect upon the public interest, health or welfare. All subsequent development remains subject to current LDC r."quirements for subdivision improvements, required site development plans, and landscaping buffers. Architectural uniformity is a requirement of an Affordable Housing Agreement which applies to this property. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-90-36(1) being a petition to repeal and readopt the Saddlebrook Village PUD in the manner described by the dra~ Ordinance for Adoption and Exhibits thereto. MAR 1 0 1998 BY: ~ PI.ANNING IVlA~AGER DONALD W. ARNOLD, AICP ERVICES DIRECTOR Petition Number PUD-90-36(1) StaffReport for February 5, 1998 CCPC meeting. DATE DAT~ DA~ COLLIER COUNTY P~G COMMISSION: MICHAEL ^. DAVIS, CHAIRMAN PUD-90-36(I) STAFF REPORT/md ~ -----'---~ McANLY ENGINEERING LAND SURVEYING 24, 1997 Mr. Ronald N'mo, Chief Planner Current Planning Collier County Community Development Services Center 2800 North Horseshoe Drive Naples, Florida 34104 Re: Major PUD Amendment Petition Project: Saddlebrook Village PUD Location: Section 34, Township 49 South, Range 26 East, Collitn' County, Florida Dear Mr. Nino: Pursuant to our Pre-application Conference, please find the attached application petitioning; Collier County's Board of County Commissioners for a Major PUD Amendment to accommodate a specific development intent. The existing, Saddlebrook Village PUD, having been adopted through Ordinance No. 91-55, was reviewed by the Board of County Commissioners pursuant to Section 2.7.3.4. of'the Land Development Code, and granted a two year ,zpning exlension on December 9, 1997. Further, that same day, the Board approved the Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property, entitling the property to 438 dwelling units. You will find a check (#2351), to satisfy the application and processing costs which are prescn'bed by Resolution No. 95-64. The following documentation is included in the 17 copies of the petition application package: 2. 3. 4. 5. 6. 7. PUD Amendment Application Proposed PUD Document Proposed PUD Master Plan Existing PUD Document and Master Plan Environmental Impact Statement Aerial Photograph Water Management Computations & Plan The subject property, being 33.79 is presently undeveloped, but permitting with both the South Florida Water Management District and U.S. Army Corps of Engineers has commenced, with permit issuance forthcoming. A Preliminary Site Development Plan for the entire project site was approved in 1993 and amended this year to reflect the new development intent and requirements of the above-mentioned permitting agencies. The proposed PUD Master Plan reflects the present development design in much greater detail than what is typically depicted on This is due to the advanced permitting stage that this project has achieved. P 5101 TAMIAM! TRNL EAST, SUITE 202. NAPt. ES, ~ 34113 (941) 7'75.0723 FAX (g.41 ! 7'75-g23S The purpose for this PUD a~nendment is merely to a~ticulate the current development intent both in the PUD Document and PUD Master Plan. C-~ven that the proiect is proposed to ta~e direct access from the Radio Road PJght-Of-Way, access provisions from the Palm Springs Village Subdivision arc being removed from both the PUD Document and PUD Master Plan. The proposed PUD Master Pla~, Ex. bit "A", depic:s two sep~ate a~.esses from the Radio Road Right-Of-Way. This access design provides t'or distinct and sep~ate identities for each of the project's two phases of development. Thc first phase is proposed to be known as The Palms, which will include 140 "affordable" rental units. The second pha~e ofthe development is proposed to be known as Pelican Pointe, which include the remaining 298 rental apartments b~n8 a mix of both "affordable" and "market rate" units. Being that there are no plans currently to intersect Radio Road with the State Road S4 (Dav~s Boulevard), in the location of the project, the developer will improve the short segment of the Radio Road Right-Of-Way from its existing branch where it intersects with Davis Boulevard, to the PUD's proposed entrances. This fight-of-way improvement will m~ke the road appear as a frontage road. From the PUD's entrances, the internal vehicular accessways will be private driveways, and will be treated as such in the future. Th~s then is the basic intent or' this PUD Amendment request; other than that one bedroom apartments will now be allowed, and the minimum square footage of each apartment will be reduced to 600 square feet from the present 750 square foot minimu, m standard. The proposed 600 square foot minimum standard is far more than the Land Development Code's minimum standard of 450 square feet, as set forth in the RMT-12 District Regulations. Finally, the existing PUD Document is being repealed to provide for the proposed PUD document, drafted in the County's accepted form, and to retrerence current development regulations and procedures Should you have any questions regarding this PUD Amendment Petition request, please call me so that l, or thc environmental consultant may address your concerns. It should be noted, that the review of'this development order request is governed by Collier County Ordinance No. $9-39, which the Board of County Commissioners adopted to expedite processing procedures to speed the approval and permitting of developments for affordable housing. Dwight Nadeau Planning Director Enclosures cc. Client File PETITION NUMBER DATE ;%PPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT;DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Colonial Eouit'kes. Inc. Applicant's Mailing Address 16200 Dallas Pkwy. Ste.190 City Dallas State ~ Zip T~ Applicant's Telephone Number: Res/Bus.:_(214) 733-0096 Is the applicant the owner of the subject property? Yes ~ No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a .'partnership, limited partnership or other business, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is lease, and indicate indicated on the lease. a lessee, attach copy of actual owners if not X (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name below. James R, ¢o19s~mo. Trustee fOwner) gQlonial Equities. Inc.. Richard Shaw - PresidgDt. Secretary is so2e officer, stockho2ders: Richard Shaw. Scott Shaw. and Bradley Shaw Name of Agent McAnl¥ En~ineerino and Desiun. Inc. Agents Mailing Address 5101 East Tamiami Tr.. Ste. 202 City ~ap~es State Florida zip 34103 Telephone Number: Res: N/A 1 · Bus.: 775-0723 1998 ,'9. /,,% - PUD ORDINANCE NAME AND NUMBER: Sa~lebrook Vtllaoe Ordinance No. 91-55 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED THE APPLICATION SECTION TOWNSHIP THE WEST 1/2 QF THE SOUTHEAST 1/4 OF SECTION 34. TOWNSHIP 49 SOUTH RANGE 26 EAST. COLLIER COUNTY. FLORIDA. LYING SOUTH OF 1-75: LESS AND EXCEPT THE FOLLOWING: THE SOUTH 50.00 FEET FOR RADIO ROAD RIGHT-OF-WAY. AND THE EAST 7~6,0Q FEET OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 34. 5. Address or location of subject property The property is located on ~b~ north side of the intersection of Radio Road and Davis Boulevard. l¥in~ south of Interstate 75. m 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). NQ, ~ TYPE OF AMENDMENT: ~ A. PUD Document Language Amendment ~ B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR ? No IF $O, IN WHOSE NAME ? 10. HAS ANY PORTION OF THE PUD BEEN ~ SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD ~ND/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). ~ubse~uent to the PUD's oriainal approval in 1991. the entire PUD property was conveyed to the current owner. James R. Colosimo. Trustee, As is identified above, this Petition ~lgr pup ~mepdment is beina proposed bv Colon] Inc.. Contra~ Purchaser. 2 1998 I, Richard Shaw, President of Colonial Equities, Inc., depose and say that th~ Corporation is contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our reprusentative in any matters regarding this Petition as evidenced by the attached Agent Letter. SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF COLLIER SEE AGENT LETTER The foregoing .~nstrument was acknowledged before me this ~ day of ~-.~ , 1997, by Dwight Nadeau, Planning Director of McAnly Engineering and Design, Inc., consulting firm acting as agent for the Colonial Equities, Inc. He is personally known to me and did not take an oath. da K. McMonigl NOTARY PUBLIC C:\ws\CORR\SADDPDA.APP (12/97) MAR 1 0 1998 po. 14- COLONIAL EQUITIES, INC. Rc~E.~tat~ · Developmcnt· Manajemcn! · financing · Construction · Consulting McAnly Engineering and Design, Inc. 5101 East Tam, mi Trail, Suite 202 Naplea, Florida 3411.3 To Whom It Msy Concern: Pleaze be advised tl~ authori~fion ~ hereby ~iven to the firm of McAnly Engineering ~d Deign. Inc. to ac~ ~ agent for Colonial F. qukie~, Inc. in all ac~io~ relating to the ~g of a ~ houfing project for the following described lands: The We~ 1/2 of the Southeast 1/4 of Section 34, Towr~h~ 49 South, P,~nge 26 ~ Collier Cou~v/, Florida, lying south of Inter. ate 75; Less and except the following: The South $0.00 feet for l~dio Road Right-Of-Way, and tile East 726.00 feet of the We~ 1/2 &the Southeast 1/4 of.~Jd Section 34. ' Parcel contz.ining 33.79± acres. STATE OF -'f"~ COUNTY OF Rich-rd Y. i'r idea, Colonial Equities, Inc. The foregoing inzu'ument was acknowledged before me this/,,~ ..ff,.day of .~ e(~/,e,e-, 1997, Richard P. Shaw, President, Color, al Equities, Inc., on behalfofthe corporalion, who is personally known to me, NO2~AR~pUBLIC NOTARY PUBLIC Commission Number: Witness my hand and this NOTARY PUBLIC State of Texas day of .~e e_.e.~ b,~,r---- , 1997. 16200 Dallas Paxkway * Suite l90 * Dallas, TX75245 214-733-0096 * Fax 214-733-1864 L STATE OF FLORIDA COUNTY OF COLUER CONTRACT TO PURCHASE REAL ESTATE THIS CONTRACT TO PURCHASE REAL ESTATE (this 'Agreement") Is made end entered into by and between James Coles)mo, Trustee (here;nafter referred to as the 'Seller'). and Colonial Equities, Inc., a Texas corporation and/or assigns (hereinafter collectively referred to as 'Purchaser'). _Pu~ha~nd Sale. Seller agrees to sell end convey, upon the terms and conditions set forth herein, and Purr, haler agrees to purchase upon such terms and conditions, certain real property lying in Collier County, Florida, and consisting of el)proximately 33 ac~es0 as is more particularly described in Exhiblt 'A' which is attached hereto and Incorporated herein by reference for ali purposes, together with ell bu{ldings and other improvements situated thereon, all fixtures and other property affixed thereto and all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to ediacent streets, alleys or rights-of-ways (all of such real property, rights, and Improvements located thereon being hereinafter ca;led the 'Property'). 2. Purcha~e Price. (a) Purchasdr shall deposit with Midwest Title Com'pany, 3936 Tam)ami Trail North, Naples, Florida, 34103, Attn: Paula Coleman (hereinafter sometimes referred to as the 'Title Coml~eny'),'the sum oPIIIItlll~ll Dollars ~ (the 'Earnest Money') within 24 hours from the data hereof. A One Hundred Dollar ($100.00) portion of such Earnest Money shall constitute independent contract consideration to Seller for its execution of this Agreement, and shall be non.refundable in any event to Purchaser. At the closing hereof, all but $100.00 of the Earnest Money shall be cred[tecl and applied to the purchase price to be pa~d in cash at closing; and (b) At the Closing hereof the i~urchase price for the Property of ~ ~ Dollars (~~111~. shall be paid to Seller in cash: subject, however to a credit for the Earnest Money and all interest accrued thereon and the prorations described in Paragraph 13 hereof. ~II:SG~. Within fifteen days from the date hereof, Seller shall furnish (At Seller's sole cost and exl~ense) to Purchaser end the Title Company a current metes and bounds survey. The current survey shall be staked on the ground and shah reflect the following: 10-21-199'? 02: ~4F~1 The gross square feat or total square feet within the Property; (b} The 'ne! square feet" within the Property; {i.e.. gross square feat less any land within the 100 year flood plain); and areas dedicated to public use. (c) The perimeter liras of the Property; (d) The location of any existing improvements, public streets, public roads, rights-of-way, easements, encroachments, waterways, creeks, oonds, areas w~thin the one hundred (1001 year flood plain, conflicts and protrusions affecting the Property, and eli proposed streets, roads, rights- of-way, or easements u shown on any preliminary or final plat on file with the County Clerk of CoUler County, Florida, or the City of Naples, Florida; end (e) Metes and bounds description of such Property and also a reference to the recorded plat or plats, if any, of the Property and the recording data of all easements end right-of-ways shown thereon. If the survey reflects or discloses any defect, exception, or other matters affecting the Property {'Survey Defects') that ate unacceptable to Purchaser, Purchaser shall, within twenty (201 days after receipt of such survey, and the Abstract of Title and copies of exceptions to title called for under Paragraph 4 hereof, give written notlce of Its object{on to Seller and Seller shall have ten (10) days to remove or cure the Survey Defects to the satisfaction of Purchaser. If Seller fails to cure said Survey DefeCts within said ten (10) day period, or any extensions thereof, then Purchaser may, at Purchaser's sole option, (ii terminate this Agreement by written notice to Seller whereupon it shall receive back Its Earnest Money and the interest accrued therein: or extend in writing the time period to remove or cure the Survey Defects; or (iii) elect in writing to waive the Survey Defects. If the Purchaser shall fail to not{fy Seller in writing of his objections to the survey within the twenty {20} day period following the receipt of the survey, Abstract of Titte end coDies of title exceptions, by Purchaser, it shall be deemed that Purchaser has no objection to such survey eS originally presented to Purchaser. e ~. Seller shall, within fifteen {15) days from the date hereof, at Seller's sole cost and expense, furnish to Purchaser an Abstract of Title (herelneftar referred to as the 'Abstract of Title'l, issu~ through the Title Company, which said Abstract of Title shall reflect title to the Property to be) good and indefeaalble in Seller, such Abstract of Title to specify ell easements, liens, encumbrances, end restrictions, and shall have attached thereto copies of all documents referred to aa exceptions to the title end under the terms of which the Title Company agrees to issue an Owner's Policy of Title Insurance to Purchaser guaranteeing good and marketable title in and to Purchaser upon the Closlng hereof, free and clear of any end all liens or encumbrances except 10-21-Ic~c~T 1 I o the Permitted Exceptions (as such term is hareaf"Zer definedi, with (he sun~ey exception emended to read only 'shortages in area.' ~urvey and T~e Review. For a period of twenty (20) days following the date on which Purchaser has received the I~st of the Survey and Abstract of Title (collectively, the 'Title Documents'} (such period being sometimes referred to es the "Title Examination Period'), Purchaser shall have the right to examine the same. if after such examination, Purchaser determines that the title to or condition of the Property as reflected by any of the Title Documents is unacceptable to Purchaser, PUrchaser sha~l notify Seller in writing of Purchaser's objections thereto (the "Objection Notice'). If Purchaser so notifies Seller before the expiration of the Title Exeml~..~tion Period. Seller may, but shall not be obligated to, undertake to eliminate or modify such unacceptable matters to the reasonable satisfaction qf Purchaser. In the event Seller Is unable or unwilling to effectuate the elim[natlon or modification of such matters, Seller shall notify Purchaser in writing of same (the 'No-Cure Notice'), and PUrchaser may, within ten (10) days after receipt of the No-Cure Notice, by written notice to Seller, terminate this Agreement, in which event. after the return to Purchaser of the Earnest Money, neither Seller nor Purchaser shall have any further duties or obligations hereunder. Purchaser shall be conclusively deemed to have accepted such title as Selle~ can deliver pursuant to the Title Documents If Purchaser fails to object to same prior to the end of the Title Examination Period or if Purchaser fmrs to terminate this Agreement within ten (10} days after receipt of the No-Cure Notice, es the case may be. All matters approved or accepted by Purchaser pursuant to this Paragraph 5 shall hereinafter be reterred to as the 'P'ermlt-[ed Exceptions'. Feasibiihw Study and Inmpections. Purchaser, at Purchaser's sole expense, shall have the right to conduct a feasibility and engineering study for a period of sixty (60) days from the Effective Date hereof (the 'Inspection Period"), such feasibility and englneerlng study shall be conducted by persons hired by Purchaser. At the end of the Inspection Period, Purchaser shall deposit an additional ~ Earnest Money with the T['tle Company. At the closing hereof, all of the ~ Earnest Money less $100.00 shall be credited end applied to the total purchase price to be paid in cash at closing. Within three (3) days following the date hereof, Seller shall deliver to Purchaser copies of the following documents, to the extent in Seller's possession: (al current year ad valorem real estate end personal property tax bills to the extent in Seller's possession or control; lO-21-1.c~J';' 02:f_JSP/'l _ l (b) copies of any and ell correspondence, reports, inspections and other written documentation regarding the environmental aspects of the Property or any toxic substances or equipment affecting or related to the Property; lc) to the extent reasonably available to Seller, any specific use permits, conditional use approvals, special exceptions, variances, or other permits, licenses, or approvals {incJuding drawings and enacting ordlne~ces, if any) of any kind required under any Governmental Regulations: (d) copies of plans and specifications relating to any proposed Improvements, if in Seller's pass,sion or if obtainable without undue effort or cost; {e) copies of all appraisals of the Property mede during the preceding twenty- four (24) month period: and (fi copies of any and all engineering reports, inspection reports, soil tests, asbestos surveys, notices or other materials In Seller's possession or which are readily available to Seller. [n the event the result of Purchaser's inspection of the Property and such studies is unacceptable to Purchaser, in Purchaser's sole discretion, then Purchaser may elect to terminate this Agreement by notifying Seller in writing on or before the expiration of the Inspection Peflod. In the event of such termination, the partes shall have no further rights or obligations hereunder. Failure of Purchaser to notify Seller of ~ts intention to terminate this Agreement within ~the Inspection Period shall be deemed a waiver of such right of termlnetion. ~={nan~tn¢~ ContingencY. Purchaser will be applying to the State of Florida end/or local agencies to obtain the necessary financing to develop a rental apartment project upon the property. The final approval date from said agencies is June 30, 1997. If by that date Purchaser does not receive financing through said agencies which is adequate, in Purchaser's discretion, for development of Purchaser's ~oJect, then Purch, aser may terminate this Agreement by written notice delivered to Seller on or before July 10, 1997 advising it of Purcheser'l failure to obte;n necessary financing, and Purchaser shall receive all but $100.00 of the Earnest Money. ~;~ller'~ Representations. Seller represents to Purchaser that Seller now has end on the Closing Date Se~ler will have and will convey to Purchaser good end indefeasible title to the Property, free end clear of any adverse claim, lien, encumbrance or other charge, except Permitted Exceptions. Sailer further represent~ to Purchaser es follows (which representations shall be deemed also made by Seller to Purchaser as of the Closing Dele): 10-21-19c~? 02: O*SPM (a) As of the Closing Date, there shall be no parties in possession of any portion of the Property as lesmaes, tenants at sufferance or trespassers. (b! To the best knowledge and belief of Sailer. there is no pending or threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof, nor is any such proceeding or assessment contemplated by any governmental authority; There ars no unpaid charges, costs or expenses for improvements to the Property which could give rise to any mechanic's or materlalman'e or other stab/tory lien; To the best currant actual knowledge and belief of Seller, there exists no pending or threatened governmental proceeding which would limit or result in the termination of full and free access of the Property to and from public highways, streets end roads; 'l'hare is no pending or, to the current actual knowledge of Seller, threatened lltlgatlon by or against Seller which could adversely affect title to the Property or any part thereof or the ability of Seller to perform any of its obligations hereunder; (f) The consent or approval of any person, entity or of any governmental agency or authority which may be required with respect to the execution and delivery of this Agreement and the Closing of this transaction have been obtained by Seller; Purchaser will not be obligated on any contract or agreement, written or oral, with respect to the ownership, use or maintenance of the Property which ma,/have been entered into by Seller et any time prior to Closing; There are no leases or contracts for the transfer or exchange of any interest in the Property outstanding; (i) The Property currently has PUD zoning allowing the construction of 438 apartment units thereon subject to final county site plan approval. U) Seller has received no notice from any governmental entity that the Property is not In compliance with any applicable local, state, or federal laws, regulations and ordinances; (k) Seller has received no notice and has no current actual knowledge of any pending ~mprovement liens or special asse:sments to be made against the Property by any governmental authority; end 10-21-19c~7 02: OGJPI'I o 10. (I) No building moratorium is in effect which prevents commencement of construction of an apartment complex on the Property. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR MADE BY MEANS OF SELLER'S SPECIAL WARRANTY DEED TO BE DELIVERED TO PURCHASER AT CLOSING, SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPUED, WITH RESPECT TO THE PROPERTY, INCLUDING. BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESEN. TATIONS AS TO HABITABIUTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. TITLE, TAX CONSEQUENCES. PHYSICAL OR ENVIRONMENTAL CONDITION. OPERATING HISTORY OR PROJECTIONS, VALUATION. GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. UPON CLOSING SELLER SHALL ISUBJECT ONLY TO SELLER'S REPRESENTATIONS AND WARRANTIES MADE IN THIS AGREEMENT AND IN SELLER'S DEED) SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY 'AS IS, WHERE IS, WITH ALL FAULTS.' ~_l~rl;aln Covenente of $.llar. Seller covenants and agrees with Purchaser that. between the date hereof and the Closing Date: Immediately upon obtaining knowledge of ~the institution of any proceeding for the condemnation of the Property. or any other proceeding arising out of injury or damage to the Property, or any portion thereof. Seller will notify Purchaser in writing of' the tendency of such proceedings: and (b) Seller shall maintain the Property in its present condition, ordinary wear and tear excepted. C~nd~k~ to Pu[chaser's ObliaBtlona. The following shall be conditions prece- dent to Purchaser's obligations hereunder: (a) On the Closing Date, all of Seller's representations and warranties shall be true and correct in all material respects and Seller shall have performed each covenant and obligation to have been performed by Seller hereunder within the time specified; {b) On the Closing Data. there shall be no change in the matters reflected in the Title Commitment and there shall not exist any encumbrance or title defect affecting the Property except the Permitted Exceptions and the printed exceptions accepted by Purchaser per Paragraph 4 hereof; (c} On the Closing Date, there shall be no change in the mat~ers reflected on the Survey and there shall be no change to any easement, right-of-way. 11. encroachment, waterway, pond, flood plain, conflict or protrusion with respect to the Property; (d) On the Closing Data, no change shall have occurred with respect to the current zoning of the Property; and On the Closing Date, neither the Property nor any part thereof or any interest therein ~hall have been taken by execution or other process of law in any action against Seller. If any one ~' more of the above co{~ditions Is not satisfied at or before Closing, Purchaser mly, at I$1 own option end ~ole discretion, waive such condition by written notice, or I~rchaler may alternatively terminate this Agreement by written notice to Seller, in which event the parties shell have no further right or obligation hereunder (except as otherwise expressly provided herein) and the Eamest IVIoney and all interest accrued thereon shell be returned to Purchaser. CIo~in~. The 'purchase and sale of the Property herein described shall be closed at the offices of the Title Company et ten o'clock (10:O0] a.m. on or before 90 days from the expiration of the Inspection Period or September 30, 1997, whichever occurs later, subject to Paragraph 12 hereof. At Closing, the following procedure shall be followed: (e} Seller, at its sole cost and expense, shall deliver to Purchaser the following: " (I) Special Warranty Deed conveying good and indefeasible title in fee simple to the described Property, free and clear of any and all liens, encumbrances, conditions, assessments, restrictions and other conditions except for the Permitted Exceptions; (ii; Such evidence of the authority and capacity of Seller as Title Company may reasonably require; (iii) An affidavit in compliance with ~ection 1445 of the Internal Revenue Code and applicable regulations stating, under penalty of perjury, Its United States taxpayer identification number and tf,at it is not a 'foreign person' as that term Is defined in said Secti~'~ 14~t5; provided, that if Seller fails to deliver said Affidavit, Purchaser 3hell be entitled to withhold and pay to the Internal Revenue Service such amounts as shall be required by said Section 14-45, end applicable regulations; and (iv) Evidence reasonably satisfactory to Purchaser that there are no Financing Statement or other filings pursuant to the Texas Business and Commerce Code which cover them Personally. 10-2l-lCjC:j'? 02:~F~c~1 1_ 0 199"'8 12. 13. 14. 15. 16. Purchaser shall pay to Seller the purchase price described in Paragraph 2 (bi hereof by means of wired funds, and shall furnish such evidence of the authority a~d capacity of Purchaser as Title Company may reasonably require. Clcsina Exlenl~Qnl. Purchaser shall have the option to purchase up to three 30-day extensions of the Closing Data. The fee for the extensions (the "Extension Fees'} will be $10,000.00 cash for each ex~ension, paid d;rectly to Seller. Each Extension Fee must be paid for Wi_o[ to the exp;retion of the existing deadline for Closing. The Extension Fees era not applicable to the Purchase Price. ~_axe_~. Ad valorem taxes and assessments for the year irt wh;ch Closing occurs shall be prorated at Closing, effective as of the Closing Date. If tho CJosing shall occur before the tax rate is fixed for the current year, tho apportionment of the taxes shall bo upon the bas~s of tho tax rate for the preceding year al3pliod to the latest assessed valuation. In the event the actual tax bill for the year of Closing is different from tho estimated tax proration amount shown on the closing statement, then an adjustment shall be made between Seller and Purchaser promptly following issuance of the actual tax bill for the year of Closing. Taxes, assessments, penalties and interest for prior years shall be the obligation of Seller, and shell be paid at Closing by Seller. Entry Prior to Closlno. So long as this Agreement is in effect end Purchaser is not in default hereunder, Purchaser, or its represenJativa, may enter upon the Property for purposes of inspecting the same and for purposes of any due diligence es Purchaser deems necessary; provided, however, that Purchaser shall not permit any liens to attach to the Property by reason of the exercise of such dghts. Purchaser hereby indemnifies and holds harmless Seller from and against any and all liens by contractors, subcontractors, materialman or laborers performing such work and teats for Purchaser as well as any claims asserted by third parties for InJurie~ or damages to said third parties or their property resulting from such work or tests for Purchaser. In the event this Agreement shell not close, Purchaser agrees to restore the Property to as near its original condition es reasonably possible. .~c[0~[J::lg_l~.J~. Each party shall pay its own attorneys' fees and the cost of preparing the instruments furnished by such party. The cost of the Survey, Abstract of Title and Tax Certificates shall be paid by SeJer. All other closing costs, including escrow fees, shall be assessed to the respective parties a.~ is customary in Collier County, Florida on the Closing Date for the purchase of property. Pos~e~4!on. Purchaser shall have end be entitled to full possession of the Property at Closing. l 17. 18. [~. Upon failure of Purchaser to consummate and close this transaction (other than by reason of Seller's breach or a permitted termination by Purchaser hereunder), Seller may, as its sole remedy hereunder, terminate this Agreement and retain the Earnest Money deposited with the Title Company as liquidated damages (it being agreed that actual damages in the event of such breach would be uncertain and difficult to ascertain), whereupon Seller shall receive all Interest earned on Earnest Money and have no further obligations or liability hereunder. In the event Seller aJlell fail to comply with any of the terms, covenants, or conditions hereof, Purchaser may, as Its sole and exclusive remedy, either: (al terminate this Agreement whereuDon ell but $100.00 of the Earnest Money, and interest accrued thereon, shall be disbursed to Purchaser end whereupon Seller shall be released from this Agreement, or (b) elect to enforce specific performance of this Agreement. Aaent's Statutory Warnit3a. In accordance with the requirements of the Florida Real Estate License Act, Purchaser is advised that it ehould be furnished with or obtain · policy of Title Insurance or have the abstract covering the real estate which is the subject of this Agreement examined by en attorney of Its own selection. 19. Real E~ale Commission. Seller will pay a real estate brokerage commission as follows: Coldwell Banker/McFadden Sprowls - 2.50% Naples Realty Services, Inc./Jim Coiosimo 4.00% Naples Realty Services, inc./Mark Lindner., 1.75% Barrett M. Singer Co./Barry Singer - 1.75% 20. Partie.F [~ound. This Agreement shall extend to ~nd be binding upon the successors and assigns of the parties hereto. 21. A1~ienm_ent of Contract. Purchaser may assign this Agreement without the consent of Seller; provided, however, that in no event shell Colonial Equities. Inc. be relieved of any of their obligations or liabilities hereunder by virtue of any assignment. :22. Miscellaneous. This Agreement embodies the entire agreement of the parties hereto and can be modified dr varied only by a written ~nstrument subscribed to by of the parties hereto; (b} Time ts of the essence of this contract; 10-21 - 1 cJcJ'? MAR 1 0e · P~. ~.-.-- {c) Any notice required or permitted to be dailvered hereunder shall be deemed to be delivered by depositing the same in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate plrty et the following ~dree~s: Purchaser: Colonial Equities inc. 16200 Dallas Parkway Suite 190 Dallas, Texas 75248 Attention: Richard Shaw Telephone: (972) 7334:)098 Fax: {972} 733-1884 Seller: James Coloslmo, Trustee cio Naples Realty Services, Inc. 4099 Tamlami Tram North Suite 305 Nal31es, Rorfda 34103 Telephone: (941)262.3034 Fax: (941 i262-8307 23. 24. or shall be hand delivered to the respective addressee (In which event notice shall be deemed given upon actual receipt by said ~,,dressee); id) This Agreement shall be construed and interpreted under the laws of the State of Florida, and the parties expressly agree that the venue for any legal actions brought by the parties hereto pursuant to this Agreement (.} In the event either party to this Agre&ment commences legal action of any kind to enforce the terms and conditlone of this Agreement, the prevailing party in such litigation f, hsll be entkled to collect from the other party all reasonable costs, expenses and reasonable attorney's fees incurred in connect;on with such action. SuP/~val of ReDrese~tat_ione and Wan'antlel. All representations and warran- ties made herein by Seller sh~ll be continuing and ~.ha~l L, ~ true and correct on and u of the closing with the same force and effect at if made at that time. Eff~.ctive Date. This Agreement shall become effective on the date both Seller and Purchaser have executed this Agreement arid have delivered · fully executed counterpart to the Title Company, and all reference herein to the 'date hereof' ~hall refer to said date. 10-21-19':3'? 23. SurvlYaf of Reemeentatlona e_nd WarmnfJe,. Ail representations end werran- tk~e made h~rein by Seller shall be contir~utng end alii] be t~a and correct on end ae of the clo~ng w~h the eeme force and effect as if made at that time. 24. E~.I.~..P~. Thll Agreement shall become effective on the data both Seller and Purchaser h~ve exao~ed th~ Agreement end have delivered a fully executed counterpart to the Title Company. and all reference herein to the 'data hereof' shall refer to aatd date. IN WITNESS WHEREOF, the undersigned partes have executed this Agreement is.of the _ J4~~'' day of ~'4~,,,~' ,1997. PURCHASER: Colonial EcltJ~tlel, |1~., · Texas Corporation RicksrcI-Sh~ .... I=Yesldent SELLER: J .s Co[c no Trustes 1~.-21-19~7 82: The underlfgned leknowledge~ receipt of an o.~.l coun:~frt, o.f thi~ Ag~'nent, slgned by both S~ller and Purchaser, this _~da¥ of ~ Midwest Title Complny By:: !').')~ % ~X? The h'est 3/2 o£ the So~theisk 1/4 o£ Section Co~flc. ~ the ~e.~ 2/4 co:n,r of Gectlofl 34, the ;OZz~T O~ ~GIN~I~Gj o~ CoIXXeC COunt~, Cc;trance ~est 2/4 oE Section 3t, ~ezt 2,10B.~g feet, South feat to ;Ol~? C~ ~£GI~l;ll:~ South ~g ~e~reee 70.~0 fleet, ~outh CouJzty, Co~.~.¢nce ah kte Z~st 1/4 coz~cr of Scct[oa ~4, T~ns~[p 49 South, ~an~ 26 East; t~ence ~est 2240.~0 felt: t~ence South 320.3 feet feet; thence So~th G9 ~egzeew £mst £o~ 44.24 tee~j t~e~ce South Lhe PoLnb o~ i ~o? P,O2 972 733 04/:30107 3:4871'l ,JoD 37.6 SECOND AM£NDM Ir.NS CONTRACT~T_O PURCIIAS£ R£AL, STA'I,'F~ ! I THIS SECOI~'D AMSND.N~ENT TO CONTRACT TO pURCHASE REAl. ESTATF. "Firat Amendment") is erected into effeetlve ss of Aprll 29, 1997. by aff~d h¢lween James Cnlo~imo. Trustee ("Sclicf"'~ a.~ Colonial Equities. tM. a Texa.~ ctrrpo~tion. ~d!or vv'if£REAS. Seller and put:baser :xecutr. d that c~.~t~m Contr~u't to Pun:hase Real E.~tz~e d~-~cd F¢.~rua~ 19. 1997. tth¢ "Original ¢'ontraet") p~r~ainln~ m fl-,e sale or' certain pruperl.v I~a~ed m Naples. Florida more particularly d:.~:ibed :herein: a~d WHEREAS. Seller a~d ?urchaser executed Iha! cer:ain Firs~ Amendment To Contra,:~ To Purchase Re~l F. sm~¢ effective z,~ et'April 17. 19~?, who:tin lhe l~eclion ?eriod wa~ extended WHEREAS. P~,:F,a~e~ ~d Scaler wish to further amend ~e Original Con~-cl per ~,~e NOW THEREFORE. Ibr $ood ~nd sufficient ccns~dera6on. ~c Orism~} Contract is amended as tbliow~: I. The Inspection Peric~ ts hereby extended to 5:~ p.m.. Friday. Ma~ 2, ! 997. Except as expr~,ty m~ificd herein, all r~a~g lcm~s ~d ~n~t~s,n~ O~ mc Comrac~ sh~ll remain in ~11 fore as set :~nh ~in. Tr~s and p~visions z~ utili~ h~in shnll h~vc the s~c meaning and c~t M ~scd in ~hc Con~c~ unless e~.~sly ~ificd h~in. 3. l~is Amendmen~ may be execut~ ~ multiple ~tmtC~s (each of which is m ~ deemed original for all pu~). As smendcd by this 5c~nd ~ment. ~ ~glnal Con~t ~ mtil;cd ~ affirmed. .j~.~es Coio,;mo. Trustee Second Amendment April 29, 1997 Page 2 Colonial Equities, Inc., a Texas Corporation ! Pr~ident t I 1 I dOD 171 Fl RST AMENDMENT TO CONTR~ TO PUECIIASE REAL STATE THIS FIRST A.M'EN'DMENT TO CONTRACT TO PURCHASE REAL ESTATE (this "First Amendmenf') is cnlcrocl inlo effective as of Lr~:,J. ,-t... 199'1, by and btnwccn Jarnc~ Colosimo. 'J'ruste, ("Seller"} and Co]onlal Equide. s, Inc. n Texas corporation, ancb'or A~signs ("Purchaser"}. ~;HERE^S, ScUcr and ?urchaser execmed that cenain Conlract ~o Pu~hase Real dated Ycb~a~ 19, 1997, (the "Original Cont~ct'~ ~a~nJng ~o ~he sale of certain property located in Napl~, Florida m~re p~;cularly described ~erein; and kVI-1EP. EAS, Put:baser and Seller wish to amend ~e Original Contract per the tcn'm.n .cci £onh below: NOW THEREFORE'. for good and sufticiem consideration, t.%c Original Contract is ame.~ded ~ follows: ' I. The Inspection Period is hereby exlended zo 5:00 p.m., Tuesday, Aprd 29. 1997. 2. Except as expressly modified herein, all remaining reims and condhlons of thc Conlrac~ shall rem-'qn in full force as set £onh therein. Terms and provisions as utilized herein shall have ~he s~unc meaning and effect as used in the Contract unless expressly modified herein. .s. I h)s Amenc~ment may be executed in multiple coumcrpzns (each of' which bc dcerncd original for all purposes). af:]rrncd. As m'nended oy this First Amendment, the Original Contract is ratified and Tr'ustce - Colonizl Equities, Inc. a Texas Corporation President MAR 1 0 1991 THIRD AMENDMENT TO CONTRACT TO PURCHASE REAL ESTATE THIS THIRD AMENDMENT TO CONTRA~ TO PURCHASE RE_AL ES'rATE (thi~ "Third Amendment") is entered into effective as of' this day of May. 1097. }w and between JAMES COLOSIMO, Trustee ("Seller") and COLONIAL EOUITIES. INC_ A Tex~s Corporation. and/or Assigns ("Purcha.,;cr"). WITNESSETH; WliEREAS, Seller and Purchaser executed that certain Contract to Purcha.,~e Real Estate dated February 19, 1997, and those certain First Amendment and Second Amendments thereto (collectively. thc "Existing Agreement") pertaining to thc sale of' certain properly located in Naples. Florida more particularly described therein: and WHEREAS, Purchaser and Seller wish to amend the Existing Agreement per the terms set tbcth below: NOW THEREFORE, Ibr good and sufficient consideration, the Contract to Purchase Real E.q.tate dated February. 19, 1997. (the" Original "Contract") is amended as tbllows: I. Paragraph I of the Original Contract is mended by addition of the following language at the end/hereof: Purchaser intends to develop the Property in r, vo phascs. On or befbr:: June 30, 1997, Purchaser will submit a map and legal descriptions fbr the two tracts upon which the two phases will be developed, Seller and Purchaser that such map and legal descriptions shall constitute the de:'criptions of' the Phase I Tract and Phase 11 Tract for the purposes of this Agreement. Thc first tract will be developed as a 140-unit apartment complex, and will have as its nor. h boundary, the north boundary of the Property (the "P".a.qc I Tract"). The remainder of the Property (the "Phas-. [I Tract'"/will be developed as an apartment complex with a maximum of 29R units, and will have a.q its south boundary the south boundary of thc Property. 2. Paragraph 2(a) of the Original Contract is mnended by addition of th,: fi}flowing ianguage a! thc cod thereof: Such ~a.,-ncst money in addition to the ~ earnest money described in P,'u-agraph 6 below (collectively, the "Phase I Tract Earnest Money"l shall be credited and applied to the portion of the Purchase Price to be paid at thc Closing of thc Phase I Tract (the "Phase ! Tract Closing") At the Phase ! Tract Closing, additional earnest money in the am,o, unt ~(thc "Pha,qe I1 Tract Earnest Money :' ,r~arv,wO~,d.O~c.~4'woEDr~v'ta~d431ebrook'~&r~en3 i Stc~,,~7 I 'L. Pg'- '~'~ - I I 1 Company. At the (subsequent) Closing of the Phase H Tract (thc "Phase II Tm_ct Closing"~ all of' such~ha-se H Tract Earnest Money shall b~ cre. dit~gl and applied to the portion of'the purchase price to be paid in ca.~h at thc Phasc II Tract Closing. 3. Parag~ph 2(b) ofthe OHginai Contract is delet~ in its enti~ty, and the tbllowing ianguagc is substituted in lieu thereof: (b) At the Phase I Tract Closing, the i~rtion of the Pumhase Price to be paid t'or the Pha.~ ! Tract shall be~ subje~.t to a credit for the ~ Phasc I Tract Earn=st Money and all interest accrued thereon and proratioas at~butable thereto per Paragraph 13 hereof.. At the Phase II Tract Closing. the remaining portion of, the Purchase Pricc~~[ashail be paid for the Phase H Tract, subject to a credit fur the ~ Phase II Tract Earnest Money and all interest ca. mcd thereon and prorations attributable thereto per Paragraph [3 hereof'. 4. Seller and Purchaser agree that the Permitted Exceptions shall consist solely of thc following matt=rs: I. Ad valorem taxes f.or the year in whit:h closing occurs (to be prorated between Seller and Purchaser at closing). 2. Oil, ga.~, rnmcral or subsurface rights to thc cxtcnt reserved per instrument recorded at Deed Book 30, Page 91. and Dccd Book 33, Page 202. Public Rc~ords ot' Collier County. Florida. 3. .Agreement Authorizing Affordable Housing Density Bonu.~ and Imposing ('nvcnant.~ and Restrictions on Real Property recorded in OR Book 1796, Page 137. Public Records or'Collier County, Florida. 4. Matters shown on su~ey of William C. MeAnly/MeAnly Engineerin_e and Design. Inc. labeled "Saddlebrook Village P.U.D." da~ed March 19, 1997. 5. Dcve~opment or' the Phase I Tract will re=lucre ea~'ments and rights of way thr~ugh, under and over portions of the Phase Il Tract for Ih= placement of roads, drives, curbs. gutters, pipclincs and aerial lines for the benefit of private utility companies, public entities, and agents, tenants, and other invitees of Purchaser. At or prior to the Closing on the Phase ! Tract, Seller agrees to execute grants o~' ea.serncrtts and dedications of such portions of the Phase Tract as may be necessary to accommodate such purposes, provided that (a) such easements and rights o1' way ben=tit the owners of both Phase I Tract and Phase Il Tract, and (b) are constructed per written contract by a bonded Florida contractor. Purchaser agrees to re, nov=, cause to be rcm~wcd. ~r pust bond against, any mechanics liens placed upon the Property arising ou! of construction work pertbrrned prior to the Phase [I Tract Closing and pertaining ~o any such easements or rights or' way. tiler 1 0 1998 i 6. Seller agrees that subsequent to the Closing on th.e Phase i Tract and prior to the Closing on the PhaAe [I Tract, Purchaser may locate up to two (2) trailers on the Phase II Tract for thc purpose or' opera~ing a temporary leasing office for the apartment complex to be built on the Phase I Tract. '7. Paragraph 6 of the Original Contract is amended by deletion of thc figures ~ and ~ a.nd substitution of the figures ,~~m and '~ therefor. respectively. Seller and Purchaser fi.u'ther agree that the ~additional earnest money required p~' Paragraph 6 shall he delivered to Title Company by Purchaser upon execution of this Third Amendment. 8. Paragraph i ! of the Original Contract is amended by deletion of the first five (:51 lines thereof, and thc following language is substituted in lieu thereof: ~en~cnc¢ at thc I I. Closing. Thc purchase and sale of the Phase ! Tract shall be closed at thc of'rices of thc Title Company at ten o'clock (10:001 a.m. on or bcf'ore Friday, August 1. 199'/, subject to Paragraph 12 hereof. Thc purcha.~c and sale of thc Phase II Tract shall bc closed at the offices of the Title Company ut ten o'clock (10:00) a.m. on or before Thursday, January 15, 1999, subjcct to Paragraph 12 hcrcot: At each such Closing the following procedure shall be followed: Paragraph 19 of the Original Contract is amcndcd by insertion of the following end thereof: At thc Phase l Tract Closing, the portion of the commission attributable to the Phase I Tract portion of the Purchase Price shall be paid; at the Phase I! Tract Closing. the remainder of the commission shall be paid. tO. Except as expressly modified hcrcin, all remaining terms and conditions of the Existing Agrccmcnt shall remain in full force as set tbrth therein. Tcrms and provisi,ns as utilized herein shall be thc same meaning and effect as used in the Original Contract unless expressly modified herein. I I. This Third Amendment may be executcd in multiple counterparts (each of wh:ch is u~ he d~crncd original for all purposes). 12. al'firmed. As amended by this Third Amendment, the Existing Agreement is ratified and c' ;mar¥'.wo~ds~lOC$' OrOeOttV~$1d¢le~OOklarr~n3 doe S/9/9 7 ,~.~ames C~10simo. Trustee MAR 1 0 1998 S;9/9712:39 PM COLONIAl,. EQUITIES, ^ T~ns Corporation By: P~s{dcnt · · 001858 002280 OR BOOK PAGE $~0.00 ~ o~her T&~u~e conoidecatiooa, ~eceL~ ~f La h0r~y ~ve~n a~ cofl~l ufl~o ~h~ ~tee Itl th~C ~a~,l~d m~uate tfl ~llLer ~ntyr G~ata o~ Ylorida~ Bec Bch~ule "A" a~/ch~ hereto ~d ~e a ~ beret ~ cefe~e~ce. ~o~gago D~ da~ ~= 3, 1988 a~ re~rd~ Ln O.R. ~k 138G, Page on Au~at 27, lgg0 ~ O.R. ~k lSS4, pages 303 ~ ~J of ~lZLo~ ~ty, p~ope~c~ ~PF 00296840003, 00296920004 and 00296960006 The above described pro~rty Xs neither homestead property nor ia i~ &d~&cen~ to homestead pro~eL-~y and l~ not the residence O~ t~e G£an~or or hl~ spouse. TOGETHER, with al! the tenements, appurtenances thereto ~longing or tn an~tse ap~,, gr~Uor has go~ right ~d lawful au~ority to sell and said land, and h~r~by wa=~an~ the =~=le to ~aXd land ~ wXXX defend the s~e against the lawful clal~ oI all ~rson8 whosoever. ' Stat~ of ~lor£da, th£s ~ day o~ ~, A~. i X-22-1993 11: I~;~M CO c~ ...... ~ ';2 ~ the Sou~he_ast _l/&_ Southeast X/A o~ ~axa ~-~" pa~cele: desc~lbe~ la ~,e following ~h~ee ~ o~ Section 34, T~mah~P 49 Gou~h, the pOInT OF BEGXHNXHGi uE COil-- - 174.66 Co--bce East ~/4 cE Section 34, We;~ 2,108.98 feet~ South [eot to POINT OF BEGXNNXNG, ~outh 6g d~rees 70.90 ~eetf Sou~h 2,~BB.60 Eeet, West 66 [eet, ~;orth 24~3.68 B;GIt;NING, ~ec2[o~ 34, Township 49 Sou~, Range 26 Bast, Collier County, Florida~ AND Co~ence at the Ea;t 1/4 corner of ~ection.~4, To~nEhiP 49 South, Bnngo 26 Za;tl thence ~est 2240.90 [eetl thence 6outtt 128.3 feet to the POINT OF BEGINNING; thence Zo~th 73 6e~ree; Ea;t ~or 95.~7 [eet; thence South 69 ae~;eee Za;t for 44.24 [~et; thence SoutB 2413.6~ feetl thence ~e6t 1~2 ~eetl thence North the point o~ 11-22-XC:~ 1 !: t2i:rl MAR 1 o ]998 · - ~ ~M~CO~SmO, INC. FAX TRANSMI,.qS[ON TO: DATE: FROM: NUMBER OF PAGES: .... CONFIDENTIALITY NOTICE DEC-B2-1~r? IS~ S~ 572 O~ L, C~1~bea & nuth M. UIA ~ 12/~1/'J~l, MJB ~ L. DeFnM Baha~. ~ PI.n Ta~t 001 Mr. Ff~.~ M. I~ri~ & Mq. M~ry~ Sis M~'. Fmltk M. E]lil & MrL Mary ,,Jean El]il Tenants in ~ Dean W. & Und~ rl~U T~rints L~ Cammen W M. Har~ I~vocab~ T~ua( Dined 1/23~1 WNdwu(x] Inv~m ~ P. & Nlrlcy C. Lll~h~Id Tfl.~ Chafllt A. l J~l(~ M. M~,ef3'~n Beev~ Vane,, ea.theto~ ~ PP F~O darres W'. ~ Bibb Dim~lx.ld~ ~ L Truly & ~erl:~m P. Tiny Joh~ T.nen~ ~ L. Tm'my KEOGH Dm, t E. W'~Rarnm~ OD PA Pen:~k~ T~ ~eSen E. W~mn & Iv. d. WtI~ ~ M. Weold~tga ~ T~ Co. IRA Palav~ F/~M3 .~C.,.~199'7 S,5~51~ 94t 2F..,2 ~ ,,,. OP. 2i:;A:;TE AV. ENL::;G CR'~INA:{CE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELSPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPATED AREA OF COLLIER COUNTY, FLORIDA, BY AM£NDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9635S BY CEANGING THE ZONING CLASSIFICATION OF THE H£REIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLARNED UNIT DEV~KLOPMENT KNOWN AS SADDLEBROOK VILLAGE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF EADID ROAD (C.R. 846) AND DAVIS BOULEVARD (S.R. 84), LYING SOUTH OF INTERSTATE 75, iN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSiSTiNG CF 33.79 ACRES; PROVIDING FOR 7hE REPEAL CF ORDINANCE NUMBER 91-55, AS AMENDED, THE FORMER SADDLEBROOK VILLAGE PUD; AND BY PROVIDING AN EFFECTIVE DATE. #HERKAS, D~ight Nadeau of McA,nly Engineering and Design, Inc., representing Colonial Equities, Inc.,petitioned the Board of County Co~ssioners to change the zoning cla~sification of the herein described real property; ,~ -~:=~:~ := -- -:-A-.;~- =v -=~ 5OA~5 C~ ......... COMMISSIONERS OF .~W .............................. COLLIER COUNTY, FLORidA; =E~..~N ONE: The Zonlng Ciass=flca%icn cf =re herein descrlbe~ real property located :n Section 34, Township 49 Sou=h, Range 26 East, Collier County, Florida, is changed '-"- "D ..... tc P,~ Fianned 'Inlt 2evelopment in accordance wlth the PUD Document, a%tached hereto as Exhlbi= "A", which :s ~ncorpora=e~ here,n and ~y reference made part hereof. The Official Zoning Atlas Hap r. um~erea 9625S, as descrlbe~ in Crdlnance Number :~e :cii~r County lana 2e'.'ei:~r._n% Code, are hereby amended accordingly. Ordlnance Number 91-55, as amended, known as %he Saddlebrock '.'iiia~e i¢iiier County, ~$ here~y repealed Thls Cralnance snail zes~re effe~=l'ze upon 2e~ar:r. ent cf State. -i- MAR 1 0 1998 PASS£D AND DULY ADOPT£D by the Board of County Co~issione:s of Collier County, Florida, this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjd~ie M. S%udent Asses%ant County Attorney BY: BARBARA B. BERRY, Chairman -2- SADDLEBROOK VILLAGE A UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN C.,O~G SADDLEBROOK VILLAGE, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PR.F.P A.ILED FOP,: COLONIAL EQUITIES, INC. 16200 DALLAS PARKWAY, SUITE DALLAS, T~XAS ?$245 PR. EPAP, ED BY: McANLY EI~GINEERING AN'D DESIGN, INC ~101 EAST TAMIAMI TRAIL, STE 202 NAPLES, FLORJDA 34! 13 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE N'UMI3ER ~MENTS AND REPEAL 2/f/95 MAR 1 0 1998 TABLE OF CONT~NT~ I.~ ofEx~its ~d T~bles Smer~n~ of S~'lion III S~,c:tion 1~' .~c~ion V .~c~ion VI Residentia~ Development Standards Recreation Area Devdopment Standards Presen. e Are~ D~dopmm~ Corrina'merits I-1 IH-I IV-i V-! VI-I MAR 1 0 1998 LIST OF EXH[B1T~ AND TABLES PUD ~,ASTER pLAN AI~.Ct.II'TE~ ELEVATIONS PI~O~ECT LAND USE EES~DENTIAL~~TION DEVELOPMENT STANDARDS 1998 STAT~M~N'T OF COMPLIANCE Th~ subject property for devdopmn~ is within the Urtzam ]vfuted Use Z:)~tfc~Orl~n lt~ident~l Subdisu~ u idem~ed off the Future l.and Use Map as provided fo~ in ~ i of the Futxw~ l. and Use Element (FLUE), and the uses contemplated are The project be~ ~ one mile ora desipxated Ac-tiv~ty Center, and havin~ an approved A~ordable Housiz~ Density Bonus Ap'cement provides for the approved re~d~ulal dm~y of 12.96 un~u per acr~ (431 un~ on 33.79 acre~), tad is coraistent with the Futur~ ~ Use ~ of the Colder Covnt7 Growth M~-agemer~ PI~. The development ~ be compatible with and complementary to existing and planned The development of Saddlet:~x~k V'dla~e PUD will result in an efficient and economical ezzendon of community facilities axed ~r~ces as required in Policies 3, I.H and L of~lk Future Land Use Elef~ent. S~dlebrook Village PUD is conf~sxent with and furthers Policy 5.5 of the Future l. aAd Use Element in that ii is using ex~sting land zoned for u~ln uses Saddlebrnok Village PUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will be open space or reserved for conservation purposes SECTION I I~ROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of fl',ia Sectio~ is to set forth the location and ownership of the property, and to deson'be the exigin~ ~iifior~ of the proper~y proposed to be developed under the projea n~ne or' Snddlebrook Vlll~e PUD. 1.2 LEGAL DESCRIP~ON The subject property being 33.79 acres is described ts: The West I/2 of the Southetst I/4 of Section 34, Township 49 South, R~nge 26 East, Collier County, Florida, ~ south oflmersute 75; Les~ and except the following: The South $0.00 fee~ for P, Jdio ]Load EJght..O£-Way, and the East 726 00 to, et of the West 1/2 of the Southeast I/4 ofstid Section 34. 1.3 PROPERTY OWNERSHIP The subject property is owned by Seines R Colosi,'no. Trustee 1.4 PHYSICAL DESCRIFTION The developmem prolx, rty is located on the north side of the intersection of R~io Road (C.iL 156) and Davis Boulevard (S.R g4), lying south of Interstate 75, in Sectmfl 34, Township 49 Sou*ds. Range 26 Ea~. 'The proposed projec; site is presemly undeveloped, b~ has been historically timbered, Th~ majority of the proper~y is in/es'ted with the exotic species MetaJeuc~ ~ i~'operty is genera/fy without topographic rebel, with deva~ons rs~ing ~'om 10,4' to 10,6' ~x~ve mean sea level The site contains some arc~ of jurisdic~n~l wedands, but are of Iow quaJJty due to the ex~ensive exotic infestntioe. NatursJ drainage is southwesterly. The proposed water mana~cmcn, t regime for the i~oject utilizes lake tnd na~raJ wetland ·nd up]axed detention areas which will result in the po~t development surfsce water discharge volume being no more th~n the pre-developmem l.S PRO/~CT DESCRXFTION The Saddlebrook Vdhse PUD shaft be a rental apanmem development, with the multi- family aparunem development centered around common areas to be utilized for passive and active rea-ea6onal opportunhies Each residemi-] unit witl be served with centrally provided potable w~ter, san~tm'y sewer, ekadc power, and telephone. Additlon~i services w~ll be prc.vided u deemed appropr~te. The entire 33.?9 ac~e proper~ is pl~ed as · sin~Je stormwater maAaBement basin. Approximately 3 ac~s of lakes ~ ! i a~:res of natural/preserve area are included in this Flood protection will be provided to the projec~ by rlisinB buildinBs Ind ro~l~ eont'~ wi~h Sou~ k'lmi4a W~er M~emest Distric~ criteria. The South fl Wa~' Iv~na~en~nt District ertte~a for build~n8 pad elevation i~ ~he IO0-yetr, 3-day/z~'o- dLm~e storm eleva~m, and d~e n-~imum road elevntion is based on the 2S year, 3- 4~y/zero disd~r~e ~ eve~. ARe~ helvy r~nf,,~l ev~ms, runoff' from impervious ~reu wg] be romed to the Ldces connected by I~pe, which will run to the wetl~.,d preserve with dischLrle to the Mst. 1.6 SIIORT TITLE "/his O~umnce ~ be known nmi ¢i~ed as the "Ssddlebrook V'tll~Be Planned Unit I-2 SECTION rl PROJECT DEVELOPMENT REQUIREMENTS 2.1 The purpose of th~ Section i~ to dellne~te and generzlly describe ~Op~ ~ps to appli~ble C~n~ Ordinances, the resp~ive ~~t um ~ ~ ~ Saddlebr~k ~llage P~ d~eiopment, 2.2 GENERAL A. Regulations for developmem of S~ldlebrook Village PUD ~ha]l be in ~cconb~:e w~h the comems of this document, PUD-Planned Unit Development Diatric~ and other al)pr, cable sections and ptrt$ of the Collier County Land Deveiopm~t Co~e taxi Grow~ Managemem Plan in eric. ct at the time of building pennit application. Where these regulations fa~l to provide development~ sl~ndards, then the prov~io~ of the mos~ simUar disu'ic~ in the County La~d Development Code shall apply. Unless otherwise noted, the de~nitions of all terms shall be tie santo as the definitio~ set forth in the CoOler County Land Development Code in effect at the time of building permit applic~zion. Ali conditions imposed and all h,r'sphic material presented depicting restrictions for the development of Saddlebtook Village PU'D shall become pan of the regulations which govern the manner in which the PUD site may be developed Unless modified, w~ved or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by thc approval or this petition will be subjec~ to a concurrency renew under the provisions of Division 3.15, Adequate Public F~ilitie~, from the Coumy L~nd Development Cod,L at the etrlJest or nex~ to occur of either FLmd Site Development Plan approval, Final Plat approval, if' required, or building pe~mlt i_,_~_,,_,~ce app[lc~b[e to this development. 2.3 DESCRIIrFION OF PROJ'KCT PLAN AND LAND USE TRACTS The project Muter Plan, including layout of internal driveways and use of I~xl is illustrated graphically by Exhibit "A', PUD Master Plan. There shall be two land use ~eas, portions of which may include water mar~gernent lakes or facilities, and private drivew'a)-L the gener,I cord~guration of which is also illuslrated by Exhib~ UA". II-I TABLE ! PROJ'~CT LAND USE AREAS RF=SR)ENTIAL DEVELOPMENT A.~EA PRESERVE AREAS ~ITS ~ 438 23 0 11 Ateu illustmed u lake~ by Ex,bit "A" shall be constru~ed as lakes or, upon apptovg, ptru thermf e,e/be ~tstructed u d~llow, intermittent wet ed d~/ depre~ior~ for water r~ent~on purpo~e~. Such ~reu, lakes and imermktent wet ed dry ~ ~ be ~n ~e ~n~ gmeral confisuration ed comaln the same general ~creage u show~ by Ex.~bit 'A". l~nor modification to d~loprnenl area~ taken or o~her bound~rie~ may be permitted at the time of Site Development Plan approve, subject to the provisions or Division 3.3. or the Collier County Land Dev~opmem Code, or a~ otherwise perm~ued by this PUD document. bt sdditlon to the re'lout areas ed specific iltms shown on Exhibit "A", such euemems ns necessary (utility, private, semi-private, etc.) shall be established within I~LXIMUM PROJECT DENSIT': A m,tximum of 438 te%idential dwelling ~snits may be constructed in the total project area. The ~'oss project area. is approximately' 33 79 acres The gross project density, thetef'o~ ~ be a maximum of 129~ dwelling units per acre PROJECT PLAN APPROVAL REQUFR.KMKNTS Given that Saddlcbrook Village PUD is proposed to be developed with multi.family remal apartments in two phtses, subdivision is not anticipated, nor required bssed on the presem development intent Should the development intent change such that subdiv~on procedures are required pursuam to the Collier County Land Development Code (LDC). the provmom of Division 3.2. of the LDC shall apply Prior to Fired Local Development Order issuance for all or pan of the PUD, final plans of all r~ubed improvemems shall receive approval of the appropriate Collier Count')' governmenud agency to insure compliance with the PUD Master Plan ed the Celiier County Land Development Cc ~e B Exhibit "A". PUD Muter Plan, constitutes the required PUD Development Plan Any division of property and the development of the land shall be in compliance with Division 32 of the Collier Coumy Land Development Code. and the platting hws of the State of Florida ~ provisions of Division 3.3 of the Collier County Land Development Code, when applicable, ~ apply to the development of all platted tracts, or parcels of land u provided in sa~d Division prior to the issuance of a building permit or other development order Appropriate inst~umems will be provided at the time of infrastructural improvemems regarding any dedications and method for providing common ftcilifie~. II-2 LAK.K SF..TBACI~ AN'D EXCAVATIONS The I~e setbeck requireme~s described in Section 3,57.1 of the Land Development Code n~y be reduced wi~ the ~dministrstive approval of the Collier Coumy Community Development ~d Envirotmmnt~l Services Administrator. or his designee Lakes may be excavated to the maxL, num commercial excavat:.on depths set forth in Section 3.5 ?.3.1 of t~ Land Development Code, ho~vever, removal of 611 from Saddlcbrook Villase PUD shall be limited to s,n tmoum up to ten percent (10%) (to a m~ximum 20.000 cubic yards), of the tot~! volume excawted un, ass a commercial excavation permit is received USE OF DI:~JVEWAYS Each phase of Saddlebrook V'dlage PUD is proposed to have separate sccesses from the Ra~lio ~ R.i~t-Of-WW. All internal vel~cular accessways PUD Master Plan, ~ be considered driveways, and shall be private AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes ~nd ~me~lmems may be made to this PUD Ordinance or PUD Master Development PI~ Ex, bit "A". as p~o~ded for ~n Se~ion 2 9.35 o~ the Colli~ C~n~ ~ ~~ C~e. ~r c~ges ~ re6nemcnts Is dc~d in S~ion 63.C. of ~s P~ d~t ~y ~ ~de in ~ion ~th any ~ of developm~t or ~ nppli~6on r~u~ ~ ~e Collier C~n~ ~d D~lopment Code 2.9 DEDICATION AND MAI]~TENANCE OF COMMON AR~AS & FACILITIES Easemems sl~JI be provided for waxer m~nasement areas, utilities and other purposes as required. All necess~y e~sements, dec~ications, or other instruments sl'~il be ~anted to insure the continued operation and rn~imenance of all service utilities in compliance with applicable regulations in effec~ at the time of adoption of this ordinance establishing Saddlebrook V~llage PU~. W~nenever the developer elects to create land area and/or recreation amenities whose ownership tnd maintenance responsibility is a common interest to nil of the subsequent purchasers of ptopert~ within Saddlebrook Village PUD. the developer sl~ll provide appropriate lega] in~ruments £or the establishment o£ a Proper~y Owners' Association. whose function shall include provision for the perpetual care and maintenance of common ~acilities and open space, subject further to the provisions of Section 2 2 20 3 the Collier County Land Development Code 2.10 MODEL APARTT, IENTS AND RENTAL FACILITIES Model apa~mcnts, rem~l centers and other use, and structures related to the promotion and rem~l of ted estate such as, but not limited to. pavilions, viewing platforms, gaz~os, puking azeas, tents, ~nd dlp~. shall be permitted principal uses throughout the Saddlebrook Village PUD, subject to the requirements of Division 2 4. Division 2 $. and Section 2.6.33 4. of the Collier Coun~ Land Development Code II-3 1 0 1 98 2.11 lrll.L STORAG£ storage is generally pe'mhted u ~ principal use t~oughout the Saddlebrook Vi~ge ~. ~ ~ ~ ~y ~ st~kpiled ~t~n ~e~ desi~t~ for r~d~ d~o~. ~or m ~p~in8 in these i~tions, p~ ~ns ~ I~do~ ~d ~oss-se~ions s~l be submitted to Collier C~nty ~Bn~n8 ~ S~ for r~ ~d approval. The ~ollowing s~nduds sh~l apply: A. Stockpile ~irrmm side Nope: B. Sto~pile n'~x~num hei~J~t: third, five (35) feet [rd} storage ate. ts ~ be screened with a security fence at least six (6) feet ~n height above ground level. If fill is spread to a height less than four feet over multi-family building area~ wl~ch ate depicted on an approved Final Site Development Plan, no fencing is required, D Soil erosion control sl'~ll be provided in accordance with Division 3 7 of the Land Development Code, and s~ockpiling retained for periods greater than 90 days be aeeded with graM. If fill is spread to a height less than four feet over multi-fan~ly buildinB atea~ which ate depicted on an approved Final Site Development Plan, erosion control is required, but no seeding with Brass is required. E. ltd} storage sEall not be pertained in Preserve Areas 2.12 REQUI3LED ENVIRONMENTAL PER.%tlTTLNG Where the development of land wi:bin Saddlebrook Village PUD requires a permit frq~ local, State, or Federal agency with jurisdiction over the property proposed development, the developer shall obtain such permits prior to final local development order approvsl. 2.1.3 NATIVE 'VEGETATION RETENTION RKQUIRE.NIENTS Pursuant to Section 3 955 of the Collier County Land Development Code, a minimum of 25% of the viable, naturally functioning native vegetation on s,te is reqmred to be retained. This requirement is fully satisfied within the Preserve Areas and other areas within the PUD 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance a~ attendant PUD Master Plan. the ;~rovisions of the PUD document become a part of the Land Development Code and shall be :he standards of development for the PUD Thenceforth, development in the area dehneated as the PUD Dislrict on the O~cisl Zoning Atlas will be governed by the adopted development reffulations and PUD Master Plan II-4 SECTION m RF. SID£N"TIAL DEVELOPMENT 3.1 PUI~OSE The purpose of this Section i.t to klemify specific dcvelopawnn standm'ds for arus deplctlnS rmidenti~ developmem on the PUD M~ter Plan, Exhibit 'A". 3.2 ~ DWELI..I~G UNITS The ma,~mum number of residential dwelling units allowed within the PUD shel~ be eatablished ~t the time of'devetopmem plan review, but shall not exceed 438 dwzillng units. 3~3 USES i~RMI'I'I~D No buildin~ or structure, or I~trt thereof, shall be erected, altered or used, or land used, in whole or in ire't, For other t~n the Following: A. Principal Uses: 1) Multi-family dwellings. 2) Model Apartments (Sec Section 2 10 of this PUD Document) B. Accessory Uses: I) Customngy accessory uses and structures including but not limited to private 2) Utility Facilities and easements. 3) Si~ge (see Section G 11 oFthis 6ocument) 4) Water management facilitie~akes. 5) Project rental a.M admird~rative offices, v,'nich may occur in a residential or recreational building an~or in .~ temporary building until such time as I:Nm'n.tnent structure$ ire availabl.. $.4 Dr-V~LOPM£NT STANDARDS A. ~: Except u provided for herein, all criteria set Forth below sl~ll be understood to be in relation to individual parcel, or PUD boundary lines, or b~ween structxn~. From yard setbacks shall only be measured From the PUD's frontage on Radio Road. MI'NIMUM LOT AREA: One Acre. AVERAGE PARCEL WIDTH: 100 feet. III-I MAR ). 0 1998 lvffN2vfL~ YARDS ~rincipal St~ctures): ~ From Yatd: 30 f~ plus I f~ for ~ 2 f~ of~ ~ o~ 30 f~. S~e Y~d: 15 f~ plus 1 f~ for ~ 2 f~ ~i ~t ~ 30 f~. ~ Y~d: 30 f~ p~ I f~t for ~ 2 f~ of~ng h~t ov~ 30 f~. ~ ~ B~ S~u~: 15 f~ m ~f of ~ mm of~ ~t~. ~e S~: ~ ~, ~th ~p~ ~ ~ ~ ~ 20 f~ ~om ~ ~ol ~o~. £. ~ YARDS (~s~/Structures): All ~cc_~_~ry mucture~ sh~ conform with princip~ structure yard requ~remems. FLOOR AREA: 600 square feet. G. OFF-STREET PARKING AND LOADING REQUIXEML~ITS As required by Division 2.3 ofth~ Collier County Land Development Code in the time ofbuildin$ permit application. MAXIMUM HEIGHT: 35 feet I. CLUSTER DEVELOPMENT h the event ~ housing project (including irutr~truc~ure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations from the previously lis~ed rasidenti£ developmem regulations. Prior to approval and subject to the provisions of Division 3.3 of she Collier County Land Development Code, the Collier County Developmem Services Director shall insure . that the plans ate appropriate for usd comp~6ble with the surrounding area, and the btsic intent of the PUD sumdatds are complied whh ]. PHASE ONE ARCI-ilTECTURAI. ELE~, ATION So as to be consistent with Collier County Resolution No 98-2, the architectural elevations for buildings in Phase One shall be consistent with the architectural elevations atcsched to this PUD Document as Exhibit "B", consisting of two palses. III-2 SECTION IV COMMONSLR. KCRKATI ON A R.KAS 4.1 lq,riLeOS£ TI~ purpom oft~ Section i~ to set for~ t~e development plan ~ development stzndards for the ~--~s depict~i commonsVccre~ion and open space opportunities on Ex~ibk "A". The primary function and purpose of these areu are to provide for ~.cess` project in~astructm~ sad ~ pleui~ open area~ imended to satisF/the refidems' b~¢ needs fo~ n quality rea'm~ opportunity. Any recreatior~l, social, administrative or maimenance ~acilisy which may be indicated on the PUD Master Plan, Exhibit 'A", shall be considered conceptual and the placement or' such facilities considered non.binding. Except in areas to be used t'or wuer impoundment, and principal or accessory use areas, all naturfl trees and other vegetntlon, u practicable, shall be protected and preserved. 4.2 U S F..S PERMI'ITED No buildi~ or structure, or pa~ thereof, shall be erected, altered or used, or land used, in whole or in part, for other th~ ~ following A. Permh~ed Uses: 1) Structures which house social, recreational, projec~ marketing,, ~dminis,.r~tiv~, or security ~'acilities. 2) Community rr~ntenance areas, maintemmce buildings, utility s~orage building, chemicaJ ~ortge buildings, essential services, irrigation tank~ and ponds, t.41itie~ pumping f2cilities and pump buildings, utility and ma~enanc~ staff offices. 3) Utility, water management and access easements 4) LaJces ~ water management facilities. Conservation ate. as/mitigation areas. 6) Land use and/or landscape buffers, which may or may not be et~ements. depending on the buffer use. ~) Sign~le (see Section 6. lO of this documenl) s) Open sp~ce use~ and structures including, but not limited to nature trails, fitness trails and Melters, boardwalks, landscape nurseries, gazebos, and 9) Pedestrian and bicycle paths, or other similaz facilities constructed for purposes or'access to, or passage through the commons areas. lo) Small docks, piers or other such facilities constructed for purposes of'lake recreation, for residents of the project Shu~eboard courts, tennis courts, swimming intended for outdoor recreation. IV-I pools,N~*a ~tJ~lkJes MAR 0 1998 12) t.~e ~vt6om as permitt~ by Division 3.$ of the Collier County DL'VKLOI~dT~IT RF..GULATION$ A. Over~ site de~Bn s~l be hmm~ious in terms of landscapin2, enclosure of mucture& ioca~on of-___,~___, streets and ptrkifl$ areas, a~l location of buff'e' atoM. I) Ai~ Bugdinp: From Yard: :20 fee~ or where adjacent to I~e 0 f~t, m~r~ ~om t~ ~e S~ Y~: 10 f~ ~ ~ ~j~m lake 0 fe~, m~r~ ~om ~ ~e ~ml d~d~ ~ Y~d: 10 ~ ~ ~ ~j~c~t to lake 0 f~, ~ ~ ~ ~e ~ol ~. C. SmJctures adjacent to one ~ shall be sep~ated by a minimum of l0 feet. Do Li~J~tlng fa~'ilities she]l be arranged in a manner which will protect roadways and nei~Jg:x:~ring properties fi.om direc~ glare, or other interference. A Site Development Plan in compliance with Di',asion 3.3 of the Collier Co~ Land Development Code shall be required, except where commons/recre%tll~~' t'acititie~ ~re reviewed and approved on Site Development Plans for residentLd development. Maximum Hdght: 35 fe~t. excep! telecommunications facilities and structures G. M~nimum OR-Street Parking And Loading A,~ required by Division 2.3 of the Collier County Land Development Code in effect at t~ time of Site Development Plan application. 4.4 BUI:TER D£V~.LOPMENT REGULATIONS A. Buff~ Types: 1) Land use buffers shzll be easements, generally located along the project's perimeter, imended to protect residential land uses from possible impacts fi.om adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffets may be landscape buffers and. or earthen berms and, or feeces/w~lls 2) 4) Landr. ape buffer, existing native plant types may be utilized and, or; Earthen betas e~d, or, Fences/walls: 9 foot maximum h6ght. IV-2 Buffer Developmerm Standards~ ]n addition to the development stand.ds set £ormh be{ow, the provisions of Secmion 6. ! l of'this docum~m shall ~]so apply, ~ u~ ex.ers, berms, fences and walls may be conszruc~ed along the per. ar oft~ Saddlebrook Village PUD boundary prior to Site Development Plan submits1. Ali such ~reu muse be included in a landscape or buff.er ea~erne~ on lrumaJ Site Development Plans, or in a separate recorded instrument. 2) AJ] other project propert7 bound~'ies sh~ll have land use buff.er widths in compliaz~.e with Division 2.4 from Collier County's Land Development Code. 3) Except u provided for above, ~nd in Section 6. Il or' this document, buff.er improvements shaJl be in coM'orm~nce with Division 2.4 from Collier County's Land Developmem Code. 4) Types and numbers of plamLn~ t'or projec~ perimeter land use buffers shall be submitted with Sire Developmem Plan application(s) Plans shall depic~ how the pe~meter ~ use buff.ets will be irrigated. IV-3 MAR 1 0 1998 TABLE 11 DEVELOPMENT STANDARDS e DE~ MULTI- STANDARDS COtVL',4ON S P-,ECRE ATION USES Pi~NCIPAL S"TRUC'TU~_S M/ZNIMUM lOT A,RF, A I AC~ ~ ~PLIC~ A~ P~ ~ 1~ ~ N~ ~PLIC~ ~ ~R ~ ~ S F NOT ~PLIC~LE ~0~ Y~ 30 ~ ~ 20 ~: S~E Y~ I~ ~ 10 ~: ~.D~. ~. B~. ~. 3~ ~ET 35 ~ET~ AC~S~Y ~U~ ~O~ S P S 20 FEET: S~E S P.S 10 FEET: ~ S.P S 10 ~ET: ~. B~. ~. 35 ~ET 35 ~ET~ SP S Same as Principtl Structures. plus I fo~ for ev~y ~ m a ~ - ~ ~ ~ SECTION V PRESERVE PURPOS£ TI~ purpo~ of this Seaioa is to set forth the development plan for areas desi~atecl as Preserve Axe~ on ~ 'A". PUD ~Lut~r PIa~. The prirn~ fi~nction u~l purpose of' the~ are~ am to prmerve and prmect v~et~tion ~nd m~ur~lly functionin~ habit~s, such u 5.2 USES PERM~D No building ot structure or p~rt thereof, s~ll be erected ~hered or used. or ~ used, in whole or in ~ for ~ than the Following, subject to resiond, State and Fe~ertl pef,mlts, A. Pri~cip,~ Uses: Open ~o~.e~'~rt preset, es. 2) Wa~er mana~eme~ f~'ilhies. 3) Si~'~ge (see Section 6, lO.of this document) 4) ]vt. hii~tion ~re3s 5) Hiking trails, shehe~s, or other such facilities constructed for the purposes p~ssase t~ugh or enjoyment of the site's natural attributes, subject to ~opropr~.e approval by permitting agencies UI~LAND AND WL-I'LAND PRESERVES The S~dlebrook V'fll~'t PUD Master Plan depicts two distinct presen, e u~as, "Upland Preserve', which is approximately 5 acres occurring along the northerly and westerly prcr~Cl boundasie~ and =Wetland Preserve", which is approximatdy 6 acres and occurs in the somheas~erly portion of the project. ~ pres~ve a~eas, totzlin~ approximately l I la'es, are the result of i~-fi,,I environmemal permitting efforts, and &re subject to c~ge. T"m~ co~urazion ~nd ncresse of these pre-,eryc areas will be identil~ed on F'mal Si~e Development Plans subrrdtted for each phase or' the develop,-nem The buffering standards set forth in the Lind Development Code, associated with preserve ~,reAs, shall only apply to the "Wetland Preserve' trea. ¥-i MAR 1 0 1998 SECTION VI DEVELOPM£NT COMMITblENTS &.l PURPOSE The purpose of this Section is to se~ for~ the developme~ e,,ormnitma~ for the ~ of ne ~. GF,.N~RAL All ~ ~ be coemucted in stric~ accordance with F'mal Site Developmem Plans, and ~1 ~pp6caMe Sme and ~ laws, codes, and regulations applicable to this PUD. Land Developmem Code of Division 3.2 shaft a4~ply to t~is p~ojec~ even if the land The devdo1:,et, his mc~zssor or u~pee, sl~ll follow ne Muter Oedol~m ~ ~at ne ~ of the lq. rD u adopted, and ,tm/other conditions or mod~c:ations ns may be alreed to ia the re~-~aI of ne propem/, l.n addition. ~ny successor or assignee in title to the ~oper h bound by m~7 commimmnu within this a~reemem ~ commitme~u mm/ be uai~ed or delq~ed Io I remer's ~ssociation which m~y be crem~ by ne De, doper. Ul:~n ~ en assi~gte~ or deJe~io~ the Developer shall be rdez~d ~rom PUD MASTER D£Vr.J.,OPM£NT PLAN I A Exhibi~ "A", PI..FD Mas~er Plan illut4rstes the proposed development end is conceptual in ~ture Proposed land uK boundar,es, or special land use ~ d~JI not be construed to be final, and rnzy be varied at anytime a: any subseqmmt approval phase such as the final platting or site developmem plan process Subject to the prov~ons of Section 2.7.3.5 of. the Lard Development Code, amendments ray be made from time to time. ,MI nec~a&'T e~.mer~ dedications, or other :nstrumems shall be granted to insure the ~ oper~tiofl re, id m~ntenance of all ser,,ice.,~ and all common areas in the project. The Community Development a~nd Env:ronmencal Services Administrator, or his designee, shall be authorized to apprc~: minor changes and refinements IO the Saddlebrook V'dlage PUD Master Plan upon written reques~ of.the developer I) Tbe following limitations shall apply to such requests The minor change or refinement shall be consistent with lhe Collier Coumy Otowth M~nagement Plan and the Saddlebrook Village pud document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 273 SI of' the Collier County Land Development Code VI-! The tab, or change or refinement shall he compatible with ·dj·cent land u~e~, and Mi not create detrimental impacts to ·butting land use~, water m~m~ement fac~litics, and Preserve Are~ within, or ex-tern~ to 2) Tee ~ollowi~ ~ be considered minor chanBes or refinements, subject to the limitsfiom of Sub~'tion 6.3.C.1) of this document: t R~on.6guralion of Pres~ve Areas, jurisdictional wetland limits, and mitigation features ~s a result of regulatory ·8~'y review and pemgning. There may be no overall decrease in Preserve Area. Reee~luruioe of Les, ponds, canals, or other w·ter matmgemem _f-~dt~e~ ~',ere such r.J~nges are consistent with the criteria of the South Florida W·ter M~nagement District and Collier County c. lmen~ realignment of driveways d. ModL6calion of the County road access locations in · manner with the Collier County Access Management Plan e. Recon~gus~ion of residential parcels when there is no propo~:l e~a'oedutem imo ~re~,rve Areas. 3) MTmot ch~n~,~ ~ r~ts. ns described ·bore, shall be reviewed by ~ppropr~ate Coum7 gaR' to em, ute complirnce with all applicable County Ordinances and regulatiops prior to the Administrator's cons~der~ion for approv'~. 4) Approval by the Administrator of a minor change or reflnern~m may occur independently from ~ prior to any apphcation for Subdivision or Site Development Plan approval, howe,.er, the ^dmmtstrator. or his desil~"e's approval i,'~ll not constitute an authorization for development or implementation of the minor change or refinement without tlrst obtainin~ all applicable Coumy permits and approvals SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2 '7, 3 4 of the t~nd Development Code ,am al~nual PUD monhorin~ report ah, ~1 be submitted pursuant to Section 2 7.3 6 of the Land D~velopment Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A ptehouse/limhed access facili:y shall be permitted within the projecl's main enu'~ce areas, but shall not he located so as to impede traffic flow on Radio Road (CR. 156), nor shall such f~ililies be located within the Radio Road Right-Of-Way. to irma·ce of the first "permanent" Certificate of O¢~ ~ BAR 10 19 Acceu improvements s~i not be subject to impact tee credits and shall be in pil~ before a~y "permanent" Certificates of Occupancy a~e issued. Future four. lanin& of Davis Boulevard (SR ga) ma). require the Dew:loper, ks heirs or usi~ns, to provide revised access improvements tr. t/,.e project. Any such irnprcrv~nems ~ be st the exper, se of the Developer, i~s heirs or assigns Nothing in ~m/de~opmem order si~ll serve to vest thy rirnJ~t lo a median opening, e~et full or dLrec6onaL in this project, nor sha~l the County or the FDOT be liable for dazna~es resulting fi.om at~/such access consideration. The developer ~ ~n.~mct a five foot wide sidewalk which would commence within the PUD boundary at the pa~klng lot assod_'.-_t.,_d with the Phase Two Rea'estion Building in the project's southwest comer, and ex~end to the west within the Radio Road Right-Of. Way, tad terminate at that selpnent of Radio Road which is publicly maintained. 6.6 WATER ,~vIANAGIr_M~NT AND £NGL-~lrlr RL~;G The development of this PUD Mt.~er Development Pla~ shall he subject to and governed by the following conditions: An excavation permit will be reqtlired for the proposed lakes in accord:ncc with Collier County Land Development Code sad South Florida Water Maragemmm District Rules C D A surface water management permit from the South Florida Water Management District will be required prior to approval of'any FinaJ Site Development Hams ~ Developer shall pursue a~ agreement with Collier County and the South Florida Water Management District reg~rdin$ the following issues i) To de~ermine the adequacy ofoutfali to the north; 2) The hydration or' wetlands occurring otTsite to the e.~st will be via a three inch orifice set at the conlrol elevation, as allowed by Collier Coun:.v and permitted by the South Florida Water l~lanagement Distfia; 3) To address fi~ture stormwater disch~u~e from the project to the east. through Saddlebrook Village All being subject to approval from Collier County and the South Florida Water Management District. VI -3 MAR 1 0 1998 6.9 The develop~vm~ et' d~is PL~) Ivb.~er Development Plan d~all be mbject to and governed by she t'oilowLng condifion~: Water alstn'bution taxi sewage collection and t~ansmission facilities to serve the project are ~o be designed, constructed, conveyed, owned, and rtmnt~ined in accordance with Collier County Ordinance No. 97-Z7, u ~rnended, and other stpplicable County rules and regulations All culnomers connecting to the wa~ter distribution and sewage collection t.acilities wi/l be considered to be cu~tomer~ of the County, and w~l be billed by the County in accordance with the County's established rates Co Temporary construction and/or sales trailers rn~y use septic tanks or holding tanks for wute dispoul, subject to permitting under F.A.C. 10D-6, ~nd may use potable or irrigation we~. The on-site water distribution sy~em serving the projecl must be connected to the Collier County W~ter-Sewer District's water main available Nd adjacent to the project bounda'ies consistent with the ma~n size a.nd the requirements speci~ed in the project's Utility Muter PI~, ~cl extended throug~mt the project. During the design ot. these t.acilMes, dead-end rntins shah be ~ by looping the imernd pipeline network, where feasible. The County recognizes there ere environmental constraMu that may prevent looping. ENVIRONMENTAL The development of this PUl:) Master Development Plan shall be subject to and governed by the followin8 conditions. Environment. I permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules. and be subjec~ to review and approval by Current Planting Envirorunent&l Review Staff Removal of exotic vegetation alone shall not be the ~ole component of mitigation for impacts to Collier County jurisdiction~ wetlands B A/I conservation areas shall be designated as conservation/preservation tracts or ea~-rnents on all construction plans, and sha]l be recorded on the plat with protective covenants per, or similar to, Section 70406, Florida Statutes Buffers shtll be provided around wetlands, ,vhere possible, t'~ending at least fiReen (15) t'eet lamdw~rd fi.om the edge or'the wetland preserves in all places, and average twenty-five (25) feet fi.om the landw&rd edge ofwefiands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of' Florida Envirorur, emal Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Sta/~ The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlit.e Service (USF&WS) and the Florida Game and Fresh Water Fish CommissiOn (TGF'aFTC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species sh~ll be submitted to Current Pltnning Environmental Staff for review and approvaJ prior to final site plan/construction ~- ai~p~.~ MAR 1 0 1998 An exotic vegetation removfl, monitorin& and maintenance (exotic-fi'ce) plan the s~te. wilh emphtsis on the conservation/preservation treas, shall be submitted to Current PLu~ng Enviroru'nentd Revi~v Staff for revicw and ~pproval prior to F, nd Site Pl~/Construc~on Plan ~oprov~, 6.9 ACC~.SSORY STRUC'FUI~ S Accessory s:ructures may be constructed simultaneously with, or following the construction oftbe principaJ structure, except for · constru~on site office u~d model center. 6.10 SIGNS AJ~ sigrts ~ be in ~..cordance with Division 2.5 of Collier CountT's [.and Development Code in effect ~t the time of Site Development Plan approval, with the following exceptions: A. Project ldenfi.fic~ion Signs - Two ground, wall, or gale project identification signs may be localed at each entrance to the developmem subject to the following requirements: 1) Such signs ~ contain only the ntme of the development, the ins~gnit, or mono of the development, and shall not contain p~omotiona] or sales n~terial. 2) P~roject identification signs s~ll not exceed ~ (60) square fee~, excluding mount. M~ suttees or structures. Where si~ge is a.~ixed or an imegrzl p~t of a wall or fence, the face of' the sign may protrude above the upper edge of the wnH or fence, but retain subject to height restriczions 3) No project identification sig~s shall exceed the height of. 10 feet above ~ finished ground level of.the sign site 4) Project identification signs may be lighted, provided all lights are shielded in · manner which prevents gl~'e on ·djacem roadways, or into adjacent resided, es Project Promotion Signs - Two ground or well signs may be located on the project's fi'ontage on Rxdio Road (C.R. 856 ), for the purpese of promoting the development or any major use in the development, subject to the following requirements: I) Any promotioral signs shell not exceed 100 square feet, excluding mounting surfaces or structures 2) Nc promotional sign shall exceed · he;ght of. 10 £eet above the average t~nlshed ground level of'the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct gJ~e on adjacent roadways, or into adjacent residences MAR 1 0 1998 ¸,0 6.11 LANDSCAPE BUFFERS, BERMS, FENCES ~ND WALLS ~pe buff'ers, ben~ fences ~ wails are generally permiued ss · principal use throu~x)u~ U~e SadcUebrook ViSage pL,rD, except in Preserve Areas. The following ~ daZi .pply: A. Laxxisc~pe berms shall have the m~mum side siopes: i) Grsssed bemu 3:1 2) Orouml cx:weted bem~ 2: ! 3) Rip-li4p herms 4) Smgaurai v,xlled benin may be vertical Fence or w~i maximum height: 9 feet. ss measured f~om the finished ~ede of the ~'ound at the hue of the fence or w~ll. For the purpose of this provision, fini.qhed grade shall be considered no greater than IS inches above the crown elevation of the neztest exJ~ing road, unJess the fence or wall is constructed on a perimeter landscape berm. In these cue,, the fence or waa ~ not ex__ceea__ 6 feet in bright from the top of berm elevation with an iv·rage ~de slope of Wearer than 4:1 (i.e. 3 1, 2:1, 1:i, or verde·J). Pedemian sidewalks, bike paths, water management facilJfiea and muctunu mm/be ~owed in hndr,~pe buffet areu. 6.12 L.4~DSCAPII~G FOR OTT-STREET PARICI1NG AR.KAS Except where provided for elsewhere in tl~s document, ail landscaping for off-greet parking areas st,.all be in accordance with DivLiion 2.4 of the Collier County .L~nd OeveJownent Code in effect at the tkne of building permit ipplication 6.13 POL.Li~G PI.ACKS Pursuant to Section 2.6.30 of the La~d Development Code, provision shall be made for the furore u~e of building spice within common area~ for the purposes of accommodating the function ofzn electorzl polling place An Agreement between the developer ~ the Super~sor of Elections for the provision of polling places shall be recorded in the official records of the Clerk or the Circuit Count of Coil·er County. which shall be binding upon any and all successors in interest Ih·! acquire owner~p otsuch common aress including homeowner's associations 6.14 AI"TORDABLE BOUS~'~fG AGREEMENT The Saddlebrook Village project sh£1 be operated in accordance with the terms of the executed A~reement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property, adopted by the Board of Coumy Commissioners on December 9, 1997. NAR 1 0 1998 .,_J ~ '~A# EXHIBIT "B" PAOE 1 IL! MA~ 1 0 '1998 MAP, 1 0 1998 Eig'ECUTIVE SUMMARY PETITION NO. R-97-1 I, DWIGI-H' NADF_~U OF MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING JAMES IL COLOSIMO, TRUSTEE OF ULTIMATE LAND TRUST, REQUESTING A KEZONE FROM ~PUD" PLANNED UNIT DEVELOPMENT TO "A" RURAL AGKICULTURAL WITH A '~VIHO" OVERLAY FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 17, 20, 29 & 30, TOWNSHIP 45 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,374.09 ACRES. OBJECTIVE: This petition seeks to rezone certain property from "PUD" Planned Unit Development District to "A- MHO" Rural Agricultural with a Mobile Home Overlay. CONSIDER~.TIONS: The property consisting of 1,37~. acres more or less lies in part on the north and south side of Irm'nokalee Road (C.R. 846) approximately three (3) miles east of C.IL 951 in Township 48 South, Range 27 East, Sections 17, 20, 29 and 30. The purpose of this petition is to rezone certain property as herein described from "PUD" Planned Unit Development to "A" Rural Agricultural. This action is driven by the fact that appeals were taken to the action to rezone the property to its current classification and the petitioner concluded that they would not litigate this appeal to its conclusion, but rather intends to achieve a revised development strategy consistent with the uses allowed under the "A" Rural Agricultural zoning district. This rezoning action will be cormistent with the Future Land Use Element to the Growth Management Plan by virtue ofthe fact that the land ia designated Agricultural Rezidential, and the rezoning action is to the "A" Rural Agricultural zoning classification. Evaluation for level of service relationships and GMP policies and goals have no applicability for agricultural zoning. The Collier County Planning Commission reviewed this petition on February 5, 1998 and unanimously (7 to 0) recommended approval aa mended to the Board of Commissioners as described by the Ordinance of Adoption. No communications were received in opposition to this petition, nor were any presentations made to the CCPC in opposition to the approval of this petition. MAR 1 0 1998 FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mer~ fact that new development has been approved will result in a futur~ fiscal impact on County public f~cilities. The County collects impact fees prior to the issuance of building permRs to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain ~opted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, th~ ~ounty must provide supplemental tim& from other revenue sources in order to build needed facilities. GROWTH MANAGEME~ IMPACT: As described above the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other rela~ed consistency reviews were also found to be consistent by virtue of the way Jn which development conditions were addressed, and the strategy devis-.d for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting form the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition R-97-11 having the effect of rezoning certain land as described in the amending Ordinance from "PUD" Planned Unit Development to "A' Rural Agricultural with an MHO overlay. 2 MAR 1 0 1998 w. ,A ... CHIEF PLANNER REVIEWED BY: /ROB/ERT J. MULHERE, AICP DATE DONALD W. ~OLD, MCP DATE P~~GSER--CES D~~E,, DIe--OR VI~~ ~ CAIRO, ~MI~S~TOR COMMUNI~ DEV. ~D E~IRONMENT~ SVCS. R-97-11 EX SUMMARY/md 3 AGENDA ITEM 7-L TO: .FROM: DATE: RE: O%VNER]AGENT: COLLIER. COUNTY PLANNING COMMISSION COMMUNI~ DEVELOPMENT SERVICES DMSION JANUARY 6, 1998 PETITION NO: R-97-11, TWIN EAGLES Agent: MeAnly Engineering & Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, Florida 34103 Ultimate Land Trust 4099 N. Tamiami Trail, Suite 305 Naples, Florida 34112 (James R. Colisimo, Trustee) ~QUESTED ACTION: 'Ih. is petition seeks to rezone certain property from "PUD" Plam, ed Unit Development District to "A - MHO" Rural agricultural with a Mobile Home Overlay. GEOGRAPHIC LOCATION: The property consisting of 1,374 acres more or less lies in part or., the north and south side of Immokalee Road (C.1L 846) approximately three (3) miles east of C.1L 951 in Township 48 South, Range 27 East, Sections 17, 20, 29 and 30 (see location map following page). .PURPOSE/DI~$CRIPTION OF PROJECT: The purpose of this petition is to rezone certain property as herein described from "PUD" Planned Unit Development to "A" Rural Agricultural. This action i.s driven by the fa~t that appeals were taken to the a~tion to rezone the property to its current classification and the petitioner concluded that they would not litigate this appeal to.its conclusion, but rather intends to achieve a revised development strategy consistent with the uses allowed under thc "A" Rural Agricultural zoning district. - 1 0 1998 1 , - SURROUNDING LAND USE AND ZONING: Existing: (North Tract) - The property has served in part as pasture land for the raising of cattle, otherwise a number of vegetative communities and wetland associated communities make up the remainder of the north tract. The property is zoned "PUD" Planned Unit Development. (South Tract) - the property consists of a number of vegetative communities and wetland associated communities. A small area served as a cow camp area containing two trailers, and a storage building. The property is zoned "A-M'HO" Rural Agricultural With a Mobile Home Overlay. Surrounding: North - On the north side of the property lying north of Immokalee Road the properVy is contiguous to the Golden Gate Estates Subdivision, which is zoned "E" Estates and therefore allows residential development at one dwelling unit for each 2.25 acres. East - With respect to the north tract the property lies contiguous to the Golden Gate Estates Subdivision. The south tract (i.e. lying south of Immokalee Road) lies contiguous to property zoned "A-MHO' which is vacant. South - Immokalee Road bisects the property and constitutes the south side of the north tract. The south side of the south tract is contiguous to the Golden Gate Estates Subdivision. West The west side of the north tract lies adjacent to the Bonita Bay Golf and Country Club which came about as a result of approval of a conditional use within the 'A" Rural Agricultural district. The west side of the south tract lies adjacent to areas zoned 'A-MHO" are some residential development has o:curred on private streets. MAR 1 0 1998 _.. 6, . GROWTH MANAGEMENT PLAN CONSISTENCY: This rezoning action will be consistent with the Future Land Use Element to the Growth Management Plan by virtue of the fact that the land is designated Agricultural R~sidential, and the rezoning action is to the "A" Rural Agricultural zoning classification. Evaluation for level of service relationships and GMP policies and goals have no applicability for agricultural zoning. ANALYSIS/EVALUATION: Typically a petition for rezoning involves an urban intensity of land use and oftentimes represents a situation where agriculturally zoned land is proposed for a zoning classification which purports to implement a land use authorized by the communities Comprehensive Land Use Plan. Such an analysis or evaluation in support of a resolution of this type of application takes ~to account traditional planning theory about the appropriate relationship of land uses to one another, availability of infrastructure and timing relative to maximizing urban infrastructure and community facilities and services. This petition represents a situation where t_be land owner is requesting a return to an agricultural zoning status for which the traditional evaluation would not apply. Additionally, it should be pointed out that the subject land is located in the non-urban designated portion of the County therefore, the agricultural zoning classification is most consistent with that designation. Further it should be pointed out that the subject land was only recently rezoned from "A" rural Agricultural to a "PUD" Planned Unit Development district in which density averaging was to be utilized to achieve the same number of dwelling units that could otherwise be permitted based upon its Rural Agricultural zoning status. This action was legally challenged resulting in the owner's decision not to litigate this matter to its conclusion. In order to accomplish this it becomes necessary to undo the action to establish a PUD district and return the property to its original Rural Agricultural zoning status. In the opinion of staff no special evaluation is prerequisite to an action to rezone land to Rural Agricultural. STAFF RECgMMENDAT ON: That the Collier County Planning Commission recommend approval of Petition R-97-I 1 having the effect of rezoning certain land as described in the amending Ordinance from "PUD" Planned Unit Development to "A" Rural Agricultural with an MHO overlay. 1998 CHIEF P LANk'ER KEVIEWED BY: ROBBERT $. MULHERE, AIcP CURRENT PLANNING MANAGER DON,a2LD W. ARNOLD, AICP ~G SE~ARTMENT DIKECTOR ~¢INcENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number R-97-11 Staff Report for February 5, 1998 CCPC meeting. DATE DAT~ DATE COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN R-97-I 1 STAFF REPORT/md 1998 I.EGAL DESCRIFrlON The subjec~ property being 1,374.09 ~cres is described as: Section 17 and Section 20, Less and Except the South 100 feet of SecIion 20 tnd the Nortlwve~ Quartet' of Section 20, Township 48 South, Range 27 Fast, Collier County, Florida, and The West Half of the West Half of Section 29, Township 48 South, Range 27 East, less the North 100 feet for road right-of-way purposes, and le.~ the West 30 feet thereof for roat~ right-of way purposes, and The Southeast Quartet ofthe Northwest Quarter of Section 29, Town.ship 48 Sou',h, Range 27 Ea~ leas the Fast 30 feet for road right-of-way purpose& and The Northeast Quarter of the Southwest Quarter of Stction 29, Township 48 South, Range 27 Ea.~ le~ the Fast 30 feet for road fight-of-way purposea, and The West Half of the Southeast Quarter of the Southwest Quarter of Section 29, Township 48 South, Range 27 East, and The Northeast Quart~ of the Northeazt Quarter of the Southeast Quarter of Section 30, Township 48 South, Range 27 F.a~t, said land lying, being and situated in Collier County, Florida. Exhibit ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGUI2~TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 872930 AND 482728 BY CF~%NGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED pROPERTY LOCATED ON THE NORTH AND SOUTH SIDE OF IMMO~ALEE ROAD {C.R. 846), IN SECTIONS 17, 20, 29 & 30 , TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, FROM "PUD" PLANNED UNIT DEVELOPMENT TO "A" RURAL AGRICULTURAL NITH AN 'MHO" OVERLAY; AND BY pROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering & Design, inc., representing James R. Colosimo, Trustee of Ultimate Land Trust, 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 real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Sections 17, 20, 29 and 30 , Township 48 South, Range 27 East, Collier County, Florida, is changed from "PtD" Planned Unit Development to 'A# Rural Agricultural with an "MHO" overlay and the Official Zoning Atlas Maps Number 872930 and 482728, as described in Ordinance 91-102, the Collier county Land Development Code are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. IAR 1 0 1998 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _______ day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BAR~ARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: MarJ6~/e M. Student Assistant County Attorney L~GAL The subject property beial~ !,374.09 acres ia described as: Section 17 and Section 20, Leas and Except the South 100 feet ~f Section 20 and the Northwest Quarter of Section 20, Township 48 South, Range 27 East, Collier County, Flo~d~, ~ The West I-Ialf ofthe West Half of Section 29, Township 48 South, Range 27 East, less the North 100 feet for road right-of-way purposes, and less the West 30 feet thereof for road risht-ofwz'! purl~sea, and The Southeast Quartet of the Northwest Quartet of Section 29, Township 48 South, Range 27 East, leaa the East 30 feet for road fight-of-way purpo~a, and The Northea~ Quartet of the Southweaa Quarter of Section 29, Township 48 South, Ranl~e :27 E~ le~ the East 30 fee~ for road rift-of, way purpo~, znd The We~t Half of the Southea~ Quarter of'the Southweg Quarter of Section 29, Town~Hp 48 South, Range 27 E~ and The Northeast Quartet of the Northeast Quarter of the Southeast Quarter of Section 30, Townahip 48 South, Range 27 East, said land lying, being and situated in Collier County, Florkia. 1 0 1998 November 19, 1997 Mr. Ronald Nino, Chief Planner Current pl~aming Collier CounW Community Development Services Center 2800 North Horseshoe Drive Naples, Florida 34104 LAND SURVEYING LANDSCAPE ARCH~ECTURE Re: Rezoning P~ifion Project: TwinEagles Golf and Courrtry Club Location: Sections l 7, 20, 29 & 30, Township 4g South, Range 2'/East, Collier Count~, Florida Dear Mr. Nino: Pursuant to our Pre-application Conferences, and Board of County Commissioners direction, please find the amached application petitioning the Board for a rezouing from the existing PUD Zoning Designation to A, MIqO Zoning Designation. The subject prope~, being 1,374.09 acres would be developed in conformance with the development standards of the Collier County Land Development Code. Pursuant to the st~ff recommm~on approved by the Board, no appUcation fee is being provided with this submittal, but when it is determined what reasonable staff' review costs, and advertising costs would be incurred by the County, the Petitioner will prepare a disbursement to satisfy those expenditures. Given the fact that the subject property was evaluated for PUD Zoning this year, no support documentation is being provided with this rezoning request, beyond the legal docummtafion required for rezoning. As you are aware, this rezoning petition is o~ly being pursued as a means to ameliorate the time involved with protracted litigation brought forward by the eaviroumenml activists. The subject property is proposed to be developed ,~4th all those uses permitted by the PUD, but in accordance with the Agricultural Zoning Designation. Should you, or other review entities require further information to assist ~v_h the review of this petition request, please do not hesitate to contact me by phone at '/?$.0723. Dwight Nadeau Planning Direo. or cc: Client R. Bruce Anderson, Esquire File PETITION NUMBER DATE ~PPLICATION FOR pUBLIC HEARIN_G COMMUNITY DEVELOPMENT DIVISION " pLANNING SERVICES Name of Applicant(s) Applicant's Mailing Address 3099 N. Tam'ami Tr. Ste 30~ State City ~aples -- Applicant's Telephone Number: Res/Bus':-{94~ Is the applicant the owner of the subject property? Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is a corp°ration other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as -- recorded, and list all other owners, if any. a lessee, attach copy of actual owners if not (e) If applicant is lease, and indicate indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See attachment "UI~' a a d ust Be e ' a es 1 1 0 1998 2. Name of Agent ~ Agents Mailing Address ~101 East Tami~j~i Tr.. $t9. 20~ city ~ State ~ zip _ )4103 -- Telephone Number: Res: __~ Bus.: _ 775-0723 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION SECTION _ 17,20.29 & 30_ TOWNSHIP ~ RANGE ~ _~CTION 17 AND SECTION 20, bE_SS AND ~XCEPT-~TH 100 ~EET OF_ SECTION 20 i~ND THE NORTHWEST Q~_OF SECTION 20. TOW]~SHIP 48_ RANGE 27 EAST, COLLIER cOUNTY. F~ORIDA, AND -- O O · 7 FOR ROA~_ N 7 S O 48 N 7 S LESS THE EAS~ 30 FEET -O -W O SOU ; T ~ OF SECTION 29, - OF ~ECTION N 7 " S , ANP T~E NORTHEAST Old O~ ~E NOR O , A _Q_~_TER OF SECTION 30. TQ size of property 1.374 agrees Address or location of subject property: The subject property is located both on the north side and south side of Naples-Iuunokalee Road (C.R. 846), approximat~ of C.R.951. Existing land elevation Criteria Elevation Zone X NGVD County Flood EL. l 7. a. Date subject property acquired (X) or leased ( ): ~ day of January , 1996 30th. _ day of Januarv , 1997 4th day of April ., 1997 Term of lease yrs./mos. b. If, Petitioner has contract to buy, indicate date of contract: and date of closing: - 8. Does property owner own contiguous property to the subject property? If so, give. complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Ng. 9. THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): X A. REZONING: PRESENT ZONING pUD REQUESTED ' ZONING A~ FOR Permitted Uses in AGricultural zonin~ B. CONDITIONAL USE OF ZONING FOk 10. 11. 12. 13. 14. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See app~icati°n letter IS THE PROPOSED USE PROHIBITED BY DEED RESTRICTIONS ? Yes _~No IF YES, PROVIDE COPY OF DEED RESTRICTIONS. IS THIS REQUEST A RESULT OF A VIOLATION ? No IF SO, TO WHOM WAS THE NOTICE SERVED ? HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR ? yes IF SO, IN WHOSE NAME ? Same Petitioner.. ARE THERE EXISTING STRUCTURES ON THE PROPERTY ? No_ TYPE: CBS .., FRAME __, MOBILE HOME , OTHER MAR 1 0 1998 , :,. I, James R. Colosimo, Trustee for the Ultimate Land Trust, depose and say that the Trust is owner of the property described herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition as evidenced by the attached Agent Letter. SIGNATURE OF OWNER S~E AGENT LETTER SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF ~QLLIER The . foregoing instrument was acknowledged before me this ~ ~day of ~7~-~~J' , 1997, by Dwight Nadeau, Planning Director of McAnly Engineering and Design, Inc., consulting firm acting as agent for the Ultimate Land Trust, an unrecorded Land Trust. He is personally known to me and did not take an oath. Bettie P ~ NOTARY PUBLIC Commission Number: 417497 C:\vs\MULE\TWINZON.APP (11/97) ULTIMATE lAND TRUST BENEFICC~kRIES Mahraoud Adam Alan $. Brinkm~ P.C. Profit Sharing Plan Al~ J. B~ ~'~ Colos~o Inc. Duval £vans l~chard E. Foreman & Orene C. Foreman or Survivor l~chard H. I 18280 Canada, Inc. Craig J. Matus & Debra K. Matus ~'TW~OS James A. l~llcr M~tch¢ll Enterprises, Inc. Harold C. Murrer Stcven H. Padgett & Mae ?. Pad§err Dcsmond Park Pav~k GST Trust Joan L. Ge~ld¢ Pav~k GST Trust Linda Kuligowski Pav~k GST Trust Alan Pav~k ?avik GST Trust Douglas Pav~k Pavik GST Trust James Pav~k Pavik GST Trust Kimberl¥ Pavik Malvin A. Pav~k Trust Pavik GST Trust Paul Pavik Pav~k GST Trust Debra Porter Kichard ?feil MyrHe I. Piper William D. l~apps & MaHnnne l~apps lVl~lissa C. Tranov~ch Stephen l~ Tranov~ch EaH Tuck~ G.A. Vande~ BHr~ & ,I.P.C.M. Vanden Brink-l~,ooscn Cazl J. VNani Cana Investor~ BKT PartnersMp John Urquhart Martin J. Whalen & Suzanne M. Whalen Philllp L. Woods IV R 1 0 1998 JIM COLOSIMO, INC. REAL ESTATE iNVESTMENT SERVICF. g March 1997 McA, fly Engineering and Design, Inc. 5101 East 'Pamiami Trail, Suite 202 Naples, Florida 33962 To Whom It May Cor~rn: Plea~e be advised that authorization is hereby given to the firm of McAnly Engineering and Design, Inc., to act as agent for the Ultimate Land Trust, Iames R. Colosimo, as Trustee, In all action~ relating to the permitting and construction of a residential golf course development for the following described lands: Section 17 and Section 20, less and except the South 100 fe~ of Section 20 and the Notnhweat Quarter of Sex, ion 20, Townahip 48 South, Range 27 East, Collier County, Florida; and The West 'A of the We. st 'h of Section 29. Township 48 South. Range 27 East. less the North 100 feet for road right-of-way purposes, and less the West 30 feet thereof for road right-of-way purposes; and The Southeast 'A of the Northeast 'A of Se~'tion 29. Township 48 South. Range 27 East. less the East 30 fe~ for road right-of-way purposes; and The Northeast *A of the Southwest I/, of Section 29. Township 48 South. Range 27 East. less the Fast 30 fext for road right-of-way purposes; and The West 'A of the Southeast '4 of the Southwest IA of Section 29. Township 48 South. Range 27 East; and The Nortlleast 'A of the Northeast % of the Southeast 'A of Section 30. Township 48 South. Range 27 East. all said land lying, being and situated in Collier County. Florida. Trustee s'r^ cou m, OF The foregoing instrument was acknowledged before me this ,-,7/ day of /~,/~/o. , 1997, by James R. Colosimo, Trustee for Ultimate Land Trust. He is personally known to me or has produced as identification and whoJlid'/did nottak-e an oath. NOTARY PUBLIC C.6mmission Number: Witness my hand and seal this __9 / day of /7~/-,,.,_~ . 1997. Notaxy Public My Commission Expires: /':9,.~c? ~3 / -~reF 4099 Tamiami Trail North. Suite 305 · Naples. Florida 34103 · 941-262-3034 ~~ 00210160002 and 00210280005 OMM ~ T~ Applied For Warranty Deed 'Chis Indenture, A/;d~ this ~,/ dry o/ ~ I~/RTLE X. PXPER, a marriecl woman, '" 2011234 OR: 2136 PG: 1481 "' UO~I~II Il OfflCU1 UC~LDS 0! COLLlll O~ffT, fL Il/il/Il it II:;l~ I~ I. I1~, ~ ~11 IIit111.11 ~ ~I i.II ~-.11 Illll.II 1~: Ifil t~ ~ I Jill 3a~es R. Colos~no, As T~s~ee undeg an ungecogded ~nd T~s~ da~ed XL/30/gS* ~ ~~4099 ~aniami Trail .o~h Suite 305, ~aples, Florida 33940 . ~nt~ TE~ G ~o/~ooiSxo.oo) Se~t~on~ X7 and 20, ~z~ a~ except ~ Sou~ Section 20 and ~e No~hvest ~a~er of Se~ion 20, T~lp 48 Sou~, ~nge 27 Eas~, Collier County, Florida. s~ec~ to easements, cestrlc~ions, rese~atiou ~axes ~or the calendar year ~995 a~ s~se~en~ The proper~y herein does not constitute ~e h~s~ead of ~,e Grantor. ~e ~ran~or resides a~ 154~4 Briar Ridqe *~iCh ~ul1 pover and authority ~o pro~ec~, conse~e, sell, lease enc~er or o~he~ise nanage and dispose o~ as p~vid~ F.S. 689.07~. ~rin~ed Hame: m~~o~ STATE OF Florida COUN'I~ OF Collier Th4 k]~ M~r~I4M ~ld K~ao~4~d~d CaMkd~ PLd~. d d ~~ , ~t~. ..... . SEE A~A~ ~BZT "A'. ~~ w~h al1 the tefleMnta hered~ta~flte ~d ~ppurtenanceo thereto Nlon~fn9 or an~ise pe~tafnlns, To Mve and to hold the sa~ in fee sidle fore-er. lawfully seized of said land in fee simple; that Grantor has ~d right and lawful authority to sell and convey said land, and ChaC said land is free o~ all encu~rances except res=tic=ions and ease~n=s co~n =o ~he s~iVieion, ou=s=anding oil, gas, a~d ~neral in=eresns o~ record, i~ any. ...... I T._ _'T'.:JL; -... I ~ - -v.7-'T ~ I FO. Special Warranty Deed (Co=l~orat. e Seal) STATE OF ARKARSAS COUNTY OF COLUKSIA Carol~ Clegg. Pres~den~ of Marco l~erial, Inc.. a Florida co.oration, , Florida co~.~ Prineed ~e: ~P. ~7 ~~~: ~w~ 14, 2~ flAP, 1 0 1998 .,. ~ ;::), f:XUXOXT · i, du. co. i) It 1998 PREPARED BY AND RETURN TO; THOMAS (3. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 No.: $ lO, So Recording Fee THIG ~NARRANT~ DEED made this 1~ d~y of Agra, 1997, by JOSEPH SIMON end GLADYS B. SIMON, his wife, hereinafter ca~led the Grantor, to JAMES R. COLOSIMO, Trustee under unrecorded Land Trust Agreement, de~ed 1 1/~O/gS, w~th fult power and autho~ty to ~xcrtect, co~aarva, sell, lease, ancumba¢ or otherwbe menage and dispose of said property, es provided in F. S. 689.071, whose mslling address is cio Naples Realty Services, Inc.. 4099 Tam[ami Trmq North, t305, Naplea, Rodda 34103, hereinafter called the Grantee. WITNESSETH: That the Grantor, for end in consideration of the sum of Ten Dollars ($10.00J end other valuable conaldetatlona, receipt whereof Is hereby acknowledged, hereby grant, bargain, sell, alien, remlae, release, convey and confirm unto the Grarrtee all that certain lind, si~rte in Coil;er County, State of Rorida, viz: The Northeast c~Jarter (NEI/4t of the Northeast quarter (NE1/4) of the Southeast quarter {SEll4! of Se~'-tion 30, Towrmhip 48 South, Range 27 -East. as recorded in the Public Records of Collier County, Florida, lass and except the Noethedy 10 feat and the EeKerly 10 feet thereof. THIS I$ NOT NOW NOR HAS IT EVER BEEN THE HOMESTEAD OF GRANTOR. SUBJECT to taxes for the year 1997 and subsequent years, restrictions, reservations and easements of reoord, and zonlng ordinances of Collier C~unty, Rodda. TOGETHER with all the tenements, heredttaments and epl~.n'tenence ~ al'torero belonging or in anywise appertaining. TO HAVE AND TO HOLD the aame In fee simple forever. .AND ~he Grantor hereby covenants with said Grantee that the Gramor Lt lawfully seized of sa;d lard is fee simple; d~et the Grsnt~x has good fight and lawful authority to sail and convey said Im~d, end hereby warrants the title to said land and will defend the same against 11-21- ~c_r? Ot: 5c3~1 1998 the I&wful claims of ali p~rsons whomsoever; and that said land Is free of al! encumbrances, except taxes accruing subae~luent to December 31, 1996. ' IN ~qTNES3 WHEREOF, the aeld Gran~or has signed end sealed these presents the day and year firs~ above wzitZen. Wi~essed by:. Pri~ Print STATE OF FLORIDA ) COUNTY OF ~ ) The foregoing itt~zumont w~$ acknowledged before me this r~ day of April, 1997, by JOSEPH SIMON end GLADY$ B. SIMON, his wife, who ere personally known to me end who did/did not take afl oath. NOTARY ~'AMP OR SEAL NoT )Y- uBuC ~ Comml~llon Expires: CornmJssJon number: ~ 941 L.I qR 1 0 1998 ORDINANCE NO. 98- AN ORDINANCE ~MENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPME::T CODE WHICH ESTABLISHED THE COMPREHE~SIVE ZONING REGULATIONS FOR THE UNINCORPOP~TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS I~APS NUMBERED 872930 AND 482728 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED O~I THE ~ORTH AND SOUTH SIDE OF I~OKALEE ROAD (C.R. 846), IN SECTIONS 17, 20, 29 & 50 , TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, FROM "PUD" PLANNED UNIT DEVELOPMENT TO 'A" RURAL AGRICULTURAL WITH AN 'MHO" OVERLAY; AND BY PROVIDI~G AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering & Design, Inc., representing James R. Colosimo, Trustee of Ultimate Land Trust, petitioned the Board of County Com~issioners to change the zoning classification of the herein described real property; NOW, THEREFORE 5E iT ~RDAiNED BY THE 5OARD OF COUNTY COMMISSIONERS OF COLLIER CSU~:TY, FLORIDA: SECTION ONE: The zoning classmf:cation of the zeal prcper~y as mere particularly described by Exhibit "A", at~ached hereto and incorporated by reference herein, and located in Sections 17, 20, 29 ano 30 , Township 48 South, Range 27 East, Collier County, Florida, ~s change~ from ~PUD" Planned Unit Development to "A" Rural Agricultural with an "MHG" 3verlay and the Official Zoning Atlas Maps Number 872930 and 482728, as described in Ordinance 91-102, the Collier County Land Development Code are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon f~ling with the Department of State. MAR 1 0 1998 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Coun%y, Florida, this · 1998. day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: MarJo~/e M. Stud6n~ Assistant County Attorney LEGAL DESCRIPTION The subject property being 1,374.09 acres is described as: Scion 17 and Section 20, Less and Except the South I00 feet of Section 20 and the Northwest Quarter of Section 20, Township 48 South, Range 27 East, Collier County, Florida, and The West Halfofthe West ttalfof Section 29, Township 48 South, Range 27 East, less the North 100 feet for road right.of-way purposes, and less the West 30 feet thereof for road right-of way purposes, and The Southeast Quarter ofthe Nonhwes~ Quarter of Section 29, Township 48 South, Range 27 East, less the East 30 feet for toad right-of-way purposes, and The lqortheast Quarter of the Southwest Quarter of Section 29, Township 48 South, Range 27 East, less the East 30 feet for road right-of-way purposes, and The West Halfofthe Southeast Quarter of the Southwest Quarter of Section 29, Township 48 South, Range 27 East, and The Northeast Quarter of the Northeast Quarter of the Souu;east Quarter of Section 30, Township 48 South, Range 27 East, said land lying, being and situated in Collier County, Florida. Exhibit "A" EXECUTIVE SUMMARY PETITION NO. R-97-10, MICHAEL IL FERNANDEZ, AICP, OF PLANNING DEVELOPMENT INCORPORATED, REPRESENTING JAMES W. TOBIN, FIRE CHIEF, AS REPRESENTATIVE FOR NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT REQUESTING A REZONE FROM "A' AGRICULTURE TO "P' PUBLIC USE DISTRICT FOR THE DEVELOPMENT OF A FIRE STATION FOR PROPERTY LOCATED SOUTH OF PINE RIDGE ROAD, APPROXIMATELY ~ MILE WEST OF 1-75, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COLrNTY, FLORIDA, CONSISTING OF 4.28 ACRES, MORE OR LESS. OBJECTIVF..: This petition seeks to have certain property as herein described rezoncd from its current zoning classification of"A" Rural Agricultural to "P" Public Use district. CONSIDERATIONS: The property fronts upon the south side of Pine Ridge Road immediately east of the Jon Ebert's Golf' Driving Range occupying some 4.3 acres in area. Indirectly the rezoning action is intended to allow the North Naples Fire Control and Rescue District to construct a fire station and related facilities on the subject property. However, inasmuch as the petition is structured to request a conventional zoning district, namely, the "P" Public Use District ali of the uses allowed by said district may be located on the subject property. The "P" Public Use District authorizes the following uses: Administrative service facilities, Child care, not for profit, Collection and transfer sites for resource recovery, Communication towers, Essential public service facilities, Fairgrounds, Libraries, Education facilities, Park and recreational service facilities, Parking facilities, and Safety service facilities. The subject property is located within the urban residentially desig~.:tted area. In addition to authorizing the full range of residential housing structure types the urban residential area authorizes public service land uses such as those permitted in the "P' Public Use district identified above. Approval of this re'zoning petition would be consistent with the FLUE to the GMP. Additionally, it should be noted that the property lies within a density bonus band that provides for higher density housing and conversely uses with higher intensity generating characteristics. Essential public facilities such as fire stations have limited application for level of s6xvice relationships given the public health, safety and welfare that is at stake in providing quick response times to emergency situations. The Growth Management Plan includes a plan of required future public service uses, which while not intended to be site spedfic, nevertheless, indicates the approximate location of future public service uses that are required to respond to level of service relationship s die, ted by th, .. size of the population and its spatial distribution. This information ia illustrated on :4Pub~ MAR 0 1998 1 Map. This May indicates that a fire station will be required in the area lying west of 1-75 and south of Pine Ridge. The subject site is consistent with this map. Other applicable elements of the GMP will be applied at the time of Site Development Plan approval. The Collier County Planning Commission reviewed this petition on February 5, 1998 and unanimously (7 to 0) recommended approval as amended to the Bo',~! of Commissioners. The Collier County Planning Commission voted to recommend that the only "P' use be limited to the Fire Station use. No communications were received in opposition to this petition, nor were any presentations made to the CCPC in opposition to the approval of this petition. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above the land use, density and intensity of development of the subject properW were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development cnnditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings stafffinds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 1 0 1998 2 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commi~ion recommends approval of Petition R-97-10 having thc effect of'rezoning certain land from "A" Rural Agricultural to "P" Public Use with the added restriction that the Public Use be restricted to Safety Service faeiliti~;. ~.ONALD F. NINO, AICI' DATE CIHEF PLANNER REVIEWED BY: R~IBE/RT J. MUL~iERE, AICP DATE C~NT PL~G M~AGER DON~.D W. ~OLD, ~CP DATE / ~G SER~C~EP~TMENT DIe. OR ~NCE~ A. CAUTERO, ~MINIS~TOR DA~ COMMUNI~ DEV. ~D E~RONMENTAL SVCS. R-97-10 EX SUMMARY/md 3 AGENDA ITEM 7-K MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COM~CUNITY DEVELOPMENT SERVICES DMSION DATE: DECEMBER 31, 1997 PETITION NO: R-97-10, "A" TO "PS" FIlP. E STATION OWNER/AGENT: Agent: Mr. Michael IL Fernandez, AICP Planning Development Inc. 5133 Castello Drive, Suite 2 Naples, Florida 34103 Contr~t Purchaser North Naples Fire Control & Rescue District MG Realty Michael Meflah Patricia Meflah Carpez Inc. Bob Carselo Fred Pezeshcan REOUESTED ACTION: This petition r, eek~ to have ccrt~n property a~ herein described rezoned fi.om it~ current zoning classification of"A" Rural Agricultural to "P" Public Use district. GEOGRAPHIC LOCATION: The property fi.onts upon the south side of Pine Ridge Road immediately east of the Jon Ebert's Golf Driving Range occupying some 4.3 acres in area (see location map following page). R-97-10 I I pURPOS~ESCRI~ON OF PROJEC][': Indirectly the rezoning action is intended to allow the Nor'da Naples Fire Control and Rescue District to construct a fire station and related facilities on the subject property. However, inasmuch as the petition is strucntred to request a conventional zoning district, namely, the "P' Public Use District all of the uses allowed by said district may be located on the subject property. District authorize the following uses: Permitted Uses: 2. 3. 4. 5. 6. 7. 8. 9. 10. I1. 12. 13. The "P" Public Use Administrative service facilities. Child care, not for profit. Collection and transfer sites for resource recovery. Communication towers. Education facilities. Essential public service facilities. Fairgrounds. Libraries. Museums. Park and recreational service facilities. Parking facilities. Safety service facilities. Any other public structures and uses which are comparable in nature with the foregoing uses. SURRO NG zoNr ' : Existing: The property is undeveloped and is now infested with brazilian pepper. The more southern portion of the property contains a combination of Cypre~a/brazilian pepper forei p~ is zoned "A" Rural A~ MAR 1 0 1998 Surrounding: North - South - W~t - To the north lies Pine Ridge Road, a median divided four lane highway, planned for six la-ting by 2001. The north side of Pine Ridge is undeveloped and zoned "E" Estates, however recent FLUE amendments will make it poas~le for this land to be zoned for non-residential development. To the east the land is undeveloped md zoned "A" Rural Agricultural. An activity center designation lies 330 feet more or less to the east of the subjec~ property which is zoned PUD for two commercial PUD's. To the south the land is undeveloped and zoned "A" Rural Agricultural. To the west the land is developed as a golf driving range and golf practice and teaching facility. The land is zoned "A" rural Agricultural. The golf driving range is a conditional use. GROWTH MANAGEMENT PLAN cONSISTENCY: The subject property is located within the urban residentially designated area. In addition to authorizing the full range of residential housing structure types the urban residential area authorizes public service land uses such as those permitted in the "P" Public Use district identified above. Approval of this rezoning petition would be consistent with the FLUE to the GMP. Additionally, it should be noted that the property lies within a density bonus band that r, mvides for l'dgher density housing and conversely uses with higher intensity generating characteristics. Essmtial public facilities such as fire stations have limited application for level of service relationships given the public health, safety ami welfare that is at stake in providing quick response times to emergency situations. The Growth Management Plan includes a plan of required future public service uses which while not intended to be site specific nevertheless indicates the approximate location of future public service uses that are required to respond to level of service relationships dictated by the size of the population and its spatial distribution. This information is illustrated on a Public Facilities Map. This map indicates that a fu'e station will bc required in the area lying west of 1-75 and south of Pinc Ridge. The subject site is consistent with this map. 1998 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION ]FOR ~ENVtROi~MENTAL, TRANSPORTATION AND INFRASTRUCTURE' Thc subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review, by the Community Development environmental and engineering staff, and the Transportation Department staff. This petition was administratively reviewed on behalf of the EAB. Recommendations of jurisdictional staff are included as development commitments in the Ordinance of Adoption. 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 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 staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by profes:.ional staff should typically include an analysis of the petition's relationstfip 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 trarr~rtation, 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. Relationship to Future and Existine Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the future Land use element of the Collier County Growth a / bt q 1 0 1998 Plan. By virtue of its FLUE relationship the land may be rezoned in a manner which permits public service uses such as a fire station. The property lies contiguous to a commercial recreational land use in which activities extend into the evening hours which would have an adverse effect on adjoining property and would deter any residential development of .said contiguous property. The land area lying east and south of the property is undeveloped, therefore leaving no bases for a compatibility assessment. Development of the property at this time for a fire station will not have any detrimental impact on nearby property. The property is central to a rapidly expanding mixed use area including a large amount of commercial development which will be beneficially served by an immediate response fire prevention facility. Development of this property is timely given surrounding development characteristics and commitments, and is consistent with planning theories in support of maximizing the use of urban infrastructure. Traffic - As an emergency provider location the site is optimum in terms of location by virtue of its frontage on Pine Ridge Road, and proximity to an 1-75 interchange. Pine Ridge Road is scheduled to be six (6) laned in the future. Access to the public use will be directly to and bom Pine Ridge Road and will not have any impact on a residential area in terries of activities associated with emergency vehicle movements. While not an essential finding to an action to rezone the property based on TCE policies, nevertheless at this point in time a fire station will not generate traffic in excess of 5% of LOS "C" and therefore is consistent with TCE policies. Traffic engineering considerations will be approved at the time of Site Development Plan approval. These will deal with driveway geometry, turn lanes, and street lighting. A median opening will likely be necessary to serve the fire station with some traffic control devices timed to function when fire vehicles leave the station. Utility Infi'astructure (i.e. Sewer, Water Storm Water - Development occurring at this property will be connected to the County's sewer and water distribution system, evident,: which further, attests to the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdividing or for approval of SDP's whichever first OC~Ul"$. Development Standar~ - The development standards that will apply are those specified in the Land Development Code at Section 2.2.18.4. These standards basically .say that the Agricultural zoning district standards shall apply by virtue of its contiguous zoning relationships. This will result in a minimum setback bom Pine Ridge Road,. of fifty (50) feet. Landscaping standards are required to comply with applicable provisiorm of the LDC. 1998 STAFF RECOMMENDATION'.. That the Collier County Planning commission recommend approval of Petition R-97-10 having the effect of rezoning certain land fi'om "A" Rural Agricultural to "P" Public Use as described in the Ordinance for Adoption. /8o~L~-i~. ~a,;~o; A~CP CHIEF PLANNER. REVIEWED BY: 'ROBERT J. MULHERE, AICP CURP,~"~Fr PLANNING MANAGER DONALD W. ARNOLD, AICP ~i'NC~'r ^. CAUrEP. O, ~CP, nDMmmTR~TOP. COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DXTI~ /-/&- DATE Petition Number R-97-10 Staff Report for February 5, 1998 CCPC meeting. COLLIER COUNTY PLUG COMMISSION: MICHAEL A. DAVIS, CHAIRMAN R-97-I0 STAFF P. EPORT/md MAR 1 0 1998 /O _ REZONE FINDINGS PETITION R-97-10 Section 2.7.2.5. of the Collier County Land Development Code requires t,hat 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 nnd Future Land Use map and the elements of the Growth Management Plan; Pro/Con: Evaluation not applicable. Summary F!ndlni~s: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. This consistency analysis is addressed at length in the staff report. e The existing land use pattern; P, ro/Con: Evaluation not applicable. Existing: The property is undeveloped and in now infested with brazilian pepper. The more southern portion of the property contains a combination of Cypress/brazilian pepper forest cover. The property is zoned "A" Rm'al Agricultural. Surrounding: North - To the north lies Pine Ridge Road, a median divided fo,r lane highway, planned for six laning by 2001. The north side of Pine ~dge is undeveloped and zoned "E" Estates, however recent FLUE amendments will make it possible for this land to be zoned for non-residential development. To the east the land is undeveloped and zoned "A" Rural Agricultural. An activity center designation lies 330 feet more or less to the east of the subject property which is zoned PUD for two commercial PUD°s. South - To the south the land is undeve] Rural Agricultural. West- To the west the land is developed as a golf driving range and golf practice and teaching facility. The land is zoned "A" rural Agricultural. The golf driving range is a conditional use. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary_ Flndines; Essential service public uses such as a fire station do not relate to the notion of creating a district. Availability of adequate infi'astructure, nearby urban development, support the timing relationship and justify the rezoning action necessary to accommodate a public use. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Pro/Con: Evaluation not applicable. Summary Findings: This rezoning action is necessary to accommodate an essential public use and does not create a land use district as normally conceived. Whether changed or changing conditions make the passage of the proposed amendment necessary; Pro/Con: Evaluation not applicable. Summary Finding: The proposed zoning change is appropriate based on the existing cond/tions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one, and therefore supports the action to rezone for the purpose of accommodating a public use. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) A public use such as a fire station has significant public value because of the type of development in the area. (ii) this site providel thc oppommity for immediate emergency response times to an area that attracts a great deal ofpublic use. Con; (i) None. 1 0 1998 Summary Findint~s: The proposed change will not adversely influence living conditions in the neighborhood given its current non-residential character and because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Additionally, the degree to which this project differs fi.om currently authorized uses should not measurably change potential impacts. e 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) The property will access directly to Pine Ridge Road, a four lane median divided highway now operating at a LOS which is convenient to the motoring public (ii) Analysis finds approval to be consistent with the Traffic Circulation Element. Con: (i) Unless improvements are made in a timely manner, urban intensification and expansion deteriorates LOS conditions on major roads which inconvenience the motoring public. Summary Findlnffs: Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GM? and was found consistent, which is a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system, however the essential pubIic use nature of this zoning district rises above prerequisite traffic LOS. 8. Whether the proposed change will create a drainage problem; Pro: (i) The project design for storm water management control is required by Code to a.nain the normal rainfall event or annual conditions as represented by its lake storm water retention facility and drainage swales. Con: (i) Urban intensification has potential to create short term drainage problems under unusual rainfall conditions. Summary Findin~s: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate: drainage generated by developmental activities as a condition of approval was reviewed for drainage relationships and design and construction plans meet County standards as a condition of approval. In the ~atent area wi~ required to develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. 10. 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.) wer~ designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. In this pa. aicular project heights are similar or less than those allowed for contiguous properties. Whether the proposed change will adversely affect property, values in the adjacent area; Pro.' an essential public use such as a fire station should have beneficial effect on properties in the area Con: (i) None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Inasmuch as this rezordng action is intended to accommodate an essential public use it should have a beneficial effect on 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. 12. Summary Findings: The 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. 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. 4 1 0 1998 14- 13. 14. 15. Summary Findinl~s: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findtnes: The subject property is zoned "A" Rural Agricultural district, however the opportunity to rezone the property is provided by law, particularly when that action is consistent with the FLUE. x, Vhether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findines: 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. 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 Findinp~s: Public use facilities an typically based on predetermined service districts. The intended use of this property is for a fire station and the site is consistent with the public facilities master plan. 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 Findines: development strategy. The s~te will be altered to the extent necessary to execute the 1 0 1998 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 ns defined and Implemented through the Collier County Adeqnate Pnbllc Facilities Ordinance, ns amended; Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: (~MP as used herein means the Collier County Growth Management Plan. FLUE meart~ the Future Land Use Element of the GMP. REZONE FINDINGS R-97-10/md COLLIER COUNTY APPLICATION FOR STANDARD REZONE PETITION NO. COORDINATING PLANNER: Ran Nino. AICp DATE RECEIVED: APPLICANT NAME (AGENT): Planning Development lncorporctted/ Michael R. Fernandez. AICP ' PHONE: 941-263-6934 APPLICANT ADDRESS: 5133 Castello Drive Suite 2. Nat~les. Florida, 34103 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: North Naples Fire Control and Rescue DislriCt James W, Tobin. Fire Chiefi Petitioner's Representati¥¢ PHONE: 941-597-3222 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 18 TOWNSHIP: 495 RANGE: 26E THE WEST ½ OF THE NORTH ~ OF THE EAST ~ OF THE NORTbDVEST 1/4 OF T. HE NORTblWE~ 1/4 OF SECTION 18. TOWNSHIP 49 SOUTH. PMNGE 26 EASE. COLLIER COUNTY. FLORIDA SUBJECT TO RIGHT-OF. WAY FOR PINE RIDGE ROAD ALONG THE NORTHERLY PORTION THEREOF. SIZE OF PROPERTY: 320 +/. FT. X 580 +/- FT. ACRES: 4.28 +/- GENERAL LOCATION OF SUBJECT PROPERTY: South of Pine Ridge Road. approximately ~. mile west qf l-7,~ ADJACENT ZONING AND LAND USE ZONING LAND USE N R/W S P UD/ST E PUD/~T W A-Agriculture EXISTING ZONING: A-Agriculture -1- REQUESTED ZONING: PS- Pine Ridge Road Undeveloped-Commercial Undeveloped-Commercial ~ublic Service 1 0 1998 _ /7 PROPOSED LAND USE OR RANGE OF USES (OPTIONAL): ~/se as afire statio~ DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: HAS A PUBLIC H. EARING FOR A REZONE BEEN HELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO. IS THIS PROPERTY CURRENTLY VACANT? 2( YES IF THE ANSWER IS NO, PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. NO. 0 0 ~T 10-13-97 DATE If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. If petitioner is a land trust, so indicate and name beneficiaries. If petitioner is a partnership, limited pannership or other business entity, so indicate and name principals. If petitioner is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If petitioner is a contract purchaser, attach copy of contract, and indicate actual owners name and address. A co.t~v_ o_fthe contract to purcha~ is attached as Exhibit "d '~ to this application. The le~_al owner is a land trust, d list ot'the beneficiaries is attached as Exhibit "B" to application. The beneficiaries are cor_t~orations and a list of their o~cers and ma. ipr stockholders is attached as Exhibit "C" to this application._ STAND REZONE APP/MD/14864 -2- MAR 1 0 1998 I..Vorth Naples Fire Control and Rescue District. James tV. TobitL F[rq Chief. Petitioner's Representative. being dul}' sworn, depose and sa}' that I am the contract purchaser of the property described herein and which is the subject matter &the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementar3' matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief: I understand this application must be completed and accurate before a hearing can be advertised. I further permit Planning Development lncorporate(l. Michael tL Fernande:. AICP to act as m.x representative in any matters regarding this petition. ~.... ,-5/' ./~- ~-,-.* -',v' ' . ... -. JMES w. TO :--Cr-/IEF / ~NORTH NAPLES FIRE CONTROL RESCUE DISTRICT State of Florida Count}' Of Collier ~.~O/.~'[~he foregoing Agreement Sheet was acknowledged before me this /.3 day of ~ ,199'/by ./ames W 7'o5[~1 , who is personally known to me or who has produced /'V'//[ as identification and who did THERESA F. F£RNA.~'NDE7 NOTARY PUBLIC Commission # My Commission Expires: State of Florida County of Collier THERESA t,,}6,/_The foregoing Agreement Sheet was acknowledged before me this /.~'~ da,' of , 1997 by Michael R. Fernandez. AICP , who is personally known 'to me or who has produced 3//4 as identification and ',,,'ho did (did THERESA F. FERNANDEZ --~----- NOTARY PUBLIC Commission # EXHIBIT "A" SALES CONTRACT FOR PURCHASE 1o'13;~? O~:$~ '~"11417742~4 C,OLDILLO i~IT'B ~oO:'uo4 SALES CONTRACT (NOT FOR CONDOMINIUMGI ~IE OIr FE~ ~)R C:OUN-~) ihll ~ hM ~rl,~d ~ M~'3 Irl:l ~7~r i,~l ~NG k~ ;:~y UPO~ C,&.RD 1 LL,O t~ITB ~ld:~rlt.~YA Pti~qflNA~_~_~~ TI,~IIAL,~OJq~Y G~FC~A,L ~PAJFrY DAT~ ~ 'rAJUD. T,43CLO,__ EXHIBIT "B" LIST OF TRUSTEES AND PERCENT OF OWNERSHIP MG REALTY 8O% CARPEZ, INC. 20% EXHIBIT "C" LIST OF OFFICERS/STOCKHOLDERS OF TRUSTEES MG REALTY (Partnership) 80% Michael Meftah, M.D. Patricia M e .tx mh 50% Owner 50% Owner CARPEZ, INC. (Corporation) 20% Bob Carselo Fred Pezeshkan 50% Ownership in Stock 50% Ownership in Stock IIIAR 1 0 1998 ._ uV .... ~ 4.7 A. The internal roadway design sha~l t:'~hibit tm~ ~'''~ the commercial zone onto Livingston Wood Lane. Petitioner shall provide a future c~,~, --- - ,,,' ~ abutting parcel to the .. -'-'-'-~~' -,., road, prior to Final Site east or dedicate the ea.,t-west ro~'t~n~ay as a ~,r,* Development Ptan approval. 4.8 - n ,~e,'opment Code, if dudng A. Pursuant to Sect]o 2.2.25.8.1 c,~ the Land ~ _ ,-nns~n activity a minimum area necessa~ to ~ the dl~'~{ Department contacted. stopped and the Collier County ~ E~ B. All buildings, lighting, signag~, larx:lscapi~' 'u~d, llvViS~nbti~ieda, r~a;~e~s~;~l infrastructure shall be architec~ and ~e~,,.~,, ~n4 ~f~nd~ S of comply with the Architectural and ~ Desio~ ,~'.'~-~;~,~,~,~'~ '~'(~;r~hall the Land Development Code L~-,a' '" · id uni~ ,f similar materials and include: a similar architectural ~"~a~n and . - . '~-~'alls to be erected on the colors throughout ah of the ouilclir%~t,' ei,,,ns e ~ ~' ,-- ,-- -:.-..... ;,- `4~,o~,.,,., throughout the site. All buildings ~"uldl be nci.,,e~ .... ,.., ..,4 '~'"11 be except for decorative tnm. Ail ~ must ~ ~ - --,--' -,-.--.- ,~,* -,,,,~ pea,,~-u. ~,~auw i.~t.~ ~ shall be ,'-., ~cihb A mnceotual lines on flat roofs, where tile or r~eeal roofs, design master plan shall be subn.,~..~ . e '~ w~- ,-,= -. o, o~,~, ...... -,,.-,.. COhO '::.,~ compliance with these for Site L~eVeK)pmem ~',an appr~l/ standards. 4.9 ENVIRONMENTAL plan a~l. An appropriate portion of native '~%3e~ation ,I~' ~,,~_m_,ta~n..~. on-site as required in Section 3.9.5.5.4 of the ~.and Dere~'*"m~'~ "'"~" An exotic vegetation, removal, rn~,,,, ,,~,, .~,~tenar~ce (exotic flee) for reveiw and approval pdor to F,~i Site De~'~'~T~'~ 14 ORDINANCE NO. 98- AIl ORDINANCE AMENDING ORDINANCE NUMBER 91-i02, 7HE COLLIER COUNTY LA:rD -.-.,r,_.,L~.-:v=.'-.._... OOZE WHICH ES?ABLISHED ~=-...= ~.,~-r_~...~_H_......r.'~-"r ZO:~ING REgULATiONS FOR THE UNI~COR~ORATED AREA OF COLLIER COUNTY, FLORIDA, BY kMENDING THE OFFICIAL ZONING AT~.S ~P NUMBER 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED SOUTH OF PiNE RIDGE POAD, APPROXib~.TELY h MILE WEST-OF 1-75, i~ SECTIO:~ 18, TO~SHIP 49 SOUTH, PANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A' AGRICULTURE TO 'P" PUBLI~ USE FOR THE DEVELOPMENT OF A FIRE STATION; PROVIDING FOR STAFF AND P~NNING CO~ISSION STiPULATiOn:S: A~D RY .~.~;~ .... = ~..~ E?FECTi';E WHEREAS, Mlchaei F. Fernandez, AICP of Planning Development inccrporate~, representing James W. Tobin, Fire Chief, as representative for North Naples Fire Control ano Rescue District, petitioned the Board of County Commissioners to change the zcnln~ classification of the hereln de$crlbed real property; NOW, THEREFORE RE iT ORDAINED BY THE ~OARD CF Z£U:;iY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION The zoning classification of the real property as particularly descr=bed by Exhibit "A", a=tache~ hereto an= incorporated by reference herein, and locate~ in Secticn Township 49 South, Range 26 East, Collier County, Florida, changed from "A" %qriculture to "F" Public Use anz ~he Zoning Atlas Map ~:umDer 9618N, as described ~n Oru:nance 9!-!02, the Collier County Lan~ ieveic~men~ U~e ~s ~erer7 ~men~ed a:c~r~ngly. The herein aescrlbea real ~r&~erty fei!owing ser'.'lces. SECTiO:I TWO: This OrJinance snail teccme effectl-.'e u' IV R 1 0 1998 PASSED AND DULY ADOPTED by the Board of County Comissioners of Collier County, Florida, this day of · 1998. BOARD OF COUNiY CC:-~IS$IONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBAPA B. REgRY, Chairman A.~.ur:.;ed as -.c Fcr.- ...... r ............. . Mar~c~;rie M. Stddent Assistant County Attorney DESCRIPTION OF PROPERTY The West 1/2 of the North 1/2 of the Eost 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Ronge 26 Eost, Collier County, Florido. subject to right of woy for Pine Ridge Rood olong the northerly portion thereof. EXHIBIT EXECUTIVE SUMMARY PETITION NO. PUD-82-33(1), MICHAEL R. FERNANDEZ, AICP, OF PLAN~NING DEVELOPMENT INCORPORATED, REPRESENTING HARIG MANUFACTURING CORPORATION, REQUESTING A REZONE FROM PUD TO PUD KNOWN AS "WIGGINS BAY" FOR THE PUP.POSES OF ELIMINATING COMMERCIAL LAND USES ON COMMERCIALLY DESIGNATED TRACT AND REPLACING SAME WITH A SEVEN (7) STORY RESIDENTIAL BLrILDING(S) CONTAINING 56 DWELLING UNITS FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF VANDERBILT DRIVE AND WIGGINS PASS ROAD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.26 ACRES. OBJECTIVE: This petition seeks to replace the use of a commercial ~ract with multiple family residential uses in a structure or structures up to seven (7) stories in height and fifty-six (56) dwelling units utilizing the density bonus provision for converting inconsistent commercial zoning. CONSIDERATIONS: The Wiggins Bay PUD development is located on the southeast quadrant of Vanderbilt Drive and Wiggins Pass Road. The petitioner seeks to develop the designated commercial tract, being some 3.5 acres in size with multiple family housing units at a density of 16 dwelling units per acre or a total of 56 dwelling units by amending the PUD document deleting reference to a commercial tract and replacing same with the designation of Multi-Family site. Currently, the Wiggins Bay PUD allows 693 dwelling units on 148.26 acres for a gross density of 4.67 dwelling units per acre. This amendment, providing for an additional 56 dwelling units, would increase the total number of approved dwelling units to 749, and the gross project density to 5.05 dwelling units per acre. The commercially designated tract within the Wiggins Pass PUD is technically inconsistent with the Future Land Use Map to the Futur~ Land Use Element of the Growth Management Plan, but, nevertheless, under the Zoning Re-~valuation Program the commercial tract was allowed to maintain its commercial status under the "improved" status of land within the PUD. Recent amendments to the FLUE have widened the opportunity to introduce commercial development in residentially designated areas of the FLUE Map following apecific procedures. It would appear that the subject property would qualify as a Neighborhood Commercial Subdistrict if it were not already zoned for commercial purposes essentially of a neighborhood type. For this reason a statement of inconsistency needs to be qualified. Its conversion to a residential use brings about a use of land that clearly conforms to the FLUE. The density rating system within the FLUE provides a formula of up to sixteen (16) dwelling units per acre for those commercial properties wishing to convert to residential us~~ action to approve the amendment to the Wiggins Pass PUD makes this consistent with 1 0 1998 GMP. The FLUE does not contain any policies relative to the matter of building heights or floor area ratios. Therefore, these relationships have to be based solely upon the more subjective process involved in an assessment of compatibility. Relative to an assessment of consistency with other applicable elements of the GMP we find the conversion to residential uses as having lesser impact upon levels of ~-rvice and in particular traffic impacts. No reduction in open space or other impact upon environmentally sensitive land will result from approval ofthis petition. Public utilities are in place to serve the project. The Collier County Plznning Commission heard this petition on February 5, 1998. recommended that the pe,'ition be approved as requested. They A number of communications were received expressing various degrees of opposition to the amendment as requested. A number of people also addressed the commission in opposition to the amendment to the Wiggins Bay PUD. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a furore fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above the land use, density 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 by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance ,applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the l~titioneds property is local'xl outside an area of historical and archaeological probability as referencexl on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-82-33(I) having the effect of amending the Wiggins Bay PUD for the purpose of deleting the authorized commercial use of certain property and in lieu thereof authorizing residential uses in a seven (7) story building, while amending the number of authorized dwelling units to reflect an additional fifty-six (56) dwelling units be approved. RONALD F. NINO, AICP CHIEF PLANNER DATE REVIEWED BY: C~NT PLANNING MANAGER DATE DA.~E '/ DONALD W. ARNOLD, AICP ING SERVICES DEPARTMENT DIRECTOR VINCE~ A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-S2-33(1) EX SUM2vLa~Yhnd 3 AGENDA ITEM 7-I MEMORANDUM TO: COLLIER COUNTY PLANNqNG COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DMSION DATE: DECEMBER 31, 1997 PETITION NO: PUD-82-33 (1) WIGGINS BAY PUD OWNER/AGENT: Agent: Mr. Michael R. Fernandez Planning Development, Inc. 2523 River Reach Drive Naples, Florida 34104 Owner: Harig Manufacturing Corporation 5757 West Howard Stxeet Niles, Illinois 60714 (Theodore H. Eckert, President) REQUESTED ACTION: This petition seeks to replace the use of a commercial tract with multiple family residential uses in a structure or structures up to seven (7) stories in height. GEOGRAPHIC LOCATION: The Wiggins Bay PUD development is located on the southeast quadrant of Vanderbilt Drive and Wiggins Pass Road. (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks to develop the designated commercial txaet, being some 3.5 acres in size with multiple family housing units at a density of 16 dwelling units per acre or a total of 56 dwelling units by amending the PUD document deleting reference to a commercial tract and repl,",eing same with the designation of Multi-Family Site. Currently, the Wiggins Bay PUD allows 693 dwelling units on 148.26 acres for a gross density of 4.67 dwelling units per acre. This amendment, providing for an additional 56 dwelling units, would increase the total number of approved dwelling units to 749, and the gross project density to 5.05 dwelling units per acre. ~. ~,~ NAR 1 0 1998 I ¢ ° ~URROIJ~D~G LAND USE AND ZONING; Existing: The property is vacant and zoned PUD for a commercial use. Surrounding: North - East - To the north the land is vacant and is zoned RSFo 4. To the east the land is developed with multiple family structures, the nearest of which are five (5) stories in height and are part of the Wiggins Pass PUD. South - To the south lies a preserve area which is part of the Wiggins Pass PUD. West- To the west lies Vanderbilt Drive, and further west to the Gulf lies the Wiggins Pass Marina facilities, the Cocohatchee River County Park and Boat Launch facilities, Pelican Isle, a development of 3-10 story buildings and Marina Island Condominium, an $ story structure. GROWTH MANAGEMENT PLAN CONSISTENCY,:. The commercially designated tract within the Wiggins Pass PUD is technically inconsistent with the Future Land Use Map to the Future Land Use Element of the Growth Management Plan, but, nevertheless, under the Zoning Re-evaluation Program the commercial tract was allowed to maintain its commercial status under the "improved" status of land within the PUD. Recent amendments to the FLUE have widened the opportunity to introduce commercial development in residentially designated areas of the FLUE Map following specific procedures. It would appear that the subject property would qualify as a Neighborhood Commercial Subdistriet if it were not already zoned for commercial purposes essentially of a neighborhood type. For this reason a statement of inconsistency needs to be qualified. Its conversion to a residential use brings about a use of land that clearly conforms to the FLUE. The density rating system within the FLUE provides a formula of up to sixteen (16) dwelling units per acre for those commercial properties wishing to convert to residential uses. Therefore, an action to approve the amendment to the Wiggins Pass PUD makes this consistent with the FLUE to the GMP. The FLUE does not contain any policies relative to the matter of building heights or floor area ratios. Therefore, these relationships have to be based solely upon the more subjective process involved in an assessment of compatibility. Relative to an assessment of consistency with other applicable eleme, nts of the GMP we find the conversion to residential uses as having tgsser impact upon levels of service and in particular traffic impacts. No reduction in open space or other impact upon environmentally sensitive: land will result from approval of this petition. Public utilities are in place to serve the lvroject, n,~~ MAR 1 0 1998 2 FIISTORIC/ARCHAEOJ-,OGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if' during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EV/kLUATIO~ 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 includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GIMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and the County Board of Commissioners. This petition was administratively reviewed on behalf of the EAB and those matters jurisdictionally within their purview were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. ANALYSIS: The conversion of a commercial tract, which is technically inconsistent with the FLUE, to a residential use which is consistent with the FLUE, should be viewed in a positive light. The density rating system to the FLUE provides a bonus of up to sixteen (16) dwelling units per acre to those properties zoned commercial, and which are inconsistent with the FLUE. It should be noted that the language of the FLUE in using the word "bonus" suggests an inducement to owners of inconsistent commercially zoned property to convert their commercially zoned property to a residential use. In view of recent amendments to the FLUE to the GM]:' the subject site may qualify as a Neighborhood Commercial Subdistrict, however, that test is academic, inasmuch as the property is already zoned for neighborhood commercial land uses. Therefore, the question that needs to be addressed is really one of the likelihood that a neighborhood shopping center is economically viable at this site in order to justify the density bonus for converting the zoning to a multiple family use. Obviously investor interest which drives market forces has determined that multiple family residential use of the property has great~ economic viability than a commercial development. A planned activity center lies within a one mile distance directly east at the intersection of U.S. 41 North and Wiggins Pass Road. Given the proximity of this potential area and other exi~V~ng commercial development at U.S. 4I and Immokalee Road it would appear tha! inv~~t in providing neighborhood shopping opportunities at this site is not a viable econon 3 ic condition. MAP, 1 0 1998 The central issue represented by t~s petition is that of the appropriateness of the height of the proposed building(s). In the opinion of staff there is no incompatibility issue, inasmuch as the proposed residential structure lies adjacent to residential structures of similar type and density. A series of five (5) story buildings lie directly south and east ofthe subject property. When the Wiggins Bay PUD was approved it provided for, and still does, seven (7) story multi-family structures where the five (5) story structures now exist. Application of the standard rule relative to spacing between buildings should ameliorate any perception of difference between a seven (7) story and a five (5) story building. The standard approach in the Land Development Code for spacing multi-story residential structures in conventional multi-family zoning districts is one-half of the sum of the heights of the buildings lying opposite one another. If we assume the representative heights to be seventy (70), and fifty (50) feet respectively, the minimum spacing between the nearest existing multi-family structure and the proposed structure should be sixty (60) feet. In the proposal, given thc placement of existing buildings and site orientation it would appear that the nearest dimension from the new building to an existing building will be at least two hundred and fifty (250) feet. Staff is of the opinion that there is no discernible recognition of the twenty (20) feet of height differentiation between the seven (7) story building and five (5) story buildings, given the amount of separation from the nearest structure. The bases for establishing density is clearly established under the current Growth Management Plan. Such was not the case when the Wiggins Bay PUD was approved and which approval authorized a gross density of 4.67 dwelling units per acre. If we assume that this density would have applied to all of the land had the subject parcel not been set aside for commercial development then clearly an additional sixteen (16) dwelling units would have been allowed. However, given its commercial status, and provisions of the FLUE relative to converting inconsistent commercial zoning, which is now the case, the parcel (i.e. 3.5 acres) qualifies for a density of up to sixteen (16) dwelling units per acre or fifty-six (56) dwelling units. Therefore, one could conclude that the number of dwelling units that may be approved lie between sixteen (16) and fifty-six (56). Arriving at a definitive number can only be based on the way nearby property has been developed. Existing multiple family structures surround the property on the west, south and east areas of the site. County records (i.e. Site Development Plans) show densities of development that are at or near sixteen (16) dwelling units per acre (Princeton Place Condos, Marina Bay Club and Pelican Isles). Opposite the site and along the north side of Wiggins Pass Road the land is undeveloped and baaed on the FLUE qualifies for a density of three (3) dwelling units per gross acre. We do not know what type of housing or what its net density characteristic might be, but given current attitudes will most likely be representative of a density much less than sixteen (16) dwelling units per acre. In view of this set of facts and physical conditions staff is of the opinion that a density at or near twelve (12) dwelling units per acre will fit better into the existing and perceived future development pattern. With respect to the change of use, residential usage, aside from the matter of density and height of the building, would be more compatible with the existing residential uses than commercial uses which by their nature have higher nuisance value due to noise and potential odors s~ aula,~,u~tr$I~Das restaurants be a part of any commercial development or any other activity th~'I exten~the liAR 1 0 1998 evening hours. Just as importantly it should be appreciatod that this amendment eliminates a use of land which is inconsistent with the FLUE and replaces it with a consistent use in a manner which in the opinion of staff is compatible with existing residential development. STAFF RECOMMENDATION: That Petition PUD-82-33 (3) having the effect of amending the Wiggins Bay PUD for the purpose of deleting the authorized commercial use of certain property and in lieu thereof authorizing residential uses in a seven (7) story building, and ammding the number of authorized dwelling units to reflect an additional forty-v, vo (42) dwelling units. ROI~A~I'.D NTNO, AIcP CHIEF PLANNER REVIEWED BY: G MANAGER . DONALD W. ARNOLD, AICP PLUG SERVICES.J~PARTMENT DIRECTOR ~[NCENT A. CAUTERO, ADMINISTRATOR COMMU~TY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number PUD-82-33 (1) Staff Report for February 5, 1998 CCPC meeting. COLLIER COI.,rNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN . PUD-82.33 (3) STAFF REPORT/pd PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR REZONE / REZONE TO PLANNED UNIT DEVELOP,~N COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES Name of Applicant: HA MG MANUFACTURING CORPORA TION Applicant's Mailing Address: 5757 West Howard Street City. Niles State Illinois Applicant's Telephone Number: Res.: Bus.: Zip _ 60714 n/a 847.647-9500 Is the applicant the owner of the subject property? x yes no .. (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limit parmership or other business entity, so indicate and name of principals below. , (d) If applicant is an owner, indicate exactly as recorded, and list all owners, if any. See Exhibit "B' to this application for list of all owners. _ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Name of Agent: Firm: Agents Mailing Address: City Telephone No. Re.: Naples Michael R. Fernandez. AICP planning Development Incorporated $133 Castello Drive Suite 2 State Florida Wa _ Bus.: Zip 941/263-6934 941J 34103 263.09~ 1998 o DETAILED LEGAL DESCRIPTION OF PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit four (4) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPYION. IF QUESTION ARISE CONCERNING TI-IE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 16 TOWNSHIP 4 ;~,5' RANGE . 25E All qfTract I0 of Wiggins Bay Phase L as subdivision lying in the Southwest quarter o_f Section 16. Township 48 South. Ran?e 25 East. as recorded in Plat Book 13. pages 89 and 90. o. f the public records of Collier Coun(y. Florida. 5. Address or location of subject property: Southeast corner of the intersection qf Vanderbilt Drive and Wiggins Pass Road Existing land elevation County Flood Elevation aa Date subject property acquired (x) or leased ( ): 20'~ day of February_ , Term of lease yrs./mos. b. If, Petitioner has option to buy, indicate date of option: fda and date option terminates: Il/it Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property, nQ THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): A. REZONING: PRESENT ZONING Planned Unit Development REQUESTED ZONING PIarmed Unit Developmee, t (amendmenO I0. REASON WHY APPLICATION SHOULD BE APPROVED: Reasons include: consistency with and furthers the intent of the Growth Manaeement Plan MAR 1 0 1998 11. 12. 13. 14. IS PROPOSED USE PROHIBITED BY DEED RESTRICTION? Yes g No ~F YE-S, PROVIDE COPY OF THE DEED RESTRICTIONS. IS THIS REQUEST A RESULT OF A VIOLATION?_ WAS THE NOTICE SERVED? NO _ IF SO, TO WHOM HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? __ yes. same as petitioner ARE THERE EXISTING STRUCTURES ON THE PROPER'Pt'? NO TYPE: CBS _, FRAME , MOBILE HOME .... OTHER I, Theodore H. Eckert. President of Harig Manufacturine Co~_ oration tTand ower) /Michael R. Fernandez. AICP (agerff) being first duly sworn, depose and-say that am the land owner/agent of thee propecty 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 part of this application, are honest and tree to the best of our knowledge and belief. We understand this application must be completed and accurate before a heating can be advertised. We further permit the undersigned agent to act as our representative in matters regarding this Petition. Signature / Title: President _ plarie_ Manufacturing_ Corporation Printed Name of Owner State of Illinois County of Cook The foregoing instrument was acknowledged before me this day of .., 1997 by Theodore H. Eckert who (is personally known to me) (has produced as identification) and who did (did not) take an oath. NOTARY PUBLIC (Printed Name) My commissioa expires: 1~.-2T-19gT 3:3~:~4 ~4 ~ 312 L>8~ T821 II. Burton Relf ~ L?_~___L:3__ _.! Sig~ture of Agent _Michael R. Fernandez. AICP Printed Name of Agent State of Florida County of Collier The foregoing instrument w~ acknowledged before me this day of October _22_, 1997 by_ Michael R. Fernandez _ who (is ~rsonally known to me) (has produced as identification) agd who did ~id not) ta~e an oath. ~OT~Y PUSLIC (Printed Name) My commission expires: THERE&A F FERNAht)EZ Exp~ee ,k,n. 20. 2000 1998 I{~-27-1997 3,z~l:~ ~ RK~H 312 ~ 7621 AND MAJOR S~VJ~OLDERS MANUFACTU~TNG COW ~ORATI ON P. 7 Chai~ President Treasurer Secretary Theodore EckerC Theodore H. EckerC Theodore Ecker= Theodore M. Eckert Theodore Eckert Theodore H. Eckert Elizabeth Ann Eckert Theodore Mark Eckert Katherine Elizabeth Eckert MAR 1 0 1998 COVENANT OF UNIFIED CONTROL I do hereby swear and affirm that I, Theodore H. Ecken. President of Harig Manufacturing Co .rporation, have full power and authority to represent and bind all legal and equitable owners of the property that is the subject of an ~dment of Tract 10 of the Wiggins Bay Planned Untt Development (PUD~ on the property hereinafter described: Le~zal Description: All q£Tract 10 of Wieeins Bm' Phase I. as subdivision (vine in the Southwest quarter RI'Section 16-~'Township 48 South. Rone._e_25 East. as recorded in Plat B~o_ok 13. pages 89 and 90. pt'the public record~ of Collier Coung'. Florida_ Further, I affm'n that we are authorized to file the application for the r~zone amendment and ~ and any/all subsequent amendments or modifications. I understand that ~11 terms and conditions of the rezone amendment are binding on all owners and owners' heirs, successors and assigns. (Signature) Theodore H, Eckert. President of Ha.rig Manufacturing Comoration (Printed Name and Title) (Date) State of Illinois County of Cook The foregoing instrument was acknowledged before me this day of .., 1997 bv Theodor, I-I. Eckert who (is personally known to me) (has produced · as identification) and ,.,.'ho did (did not) take an oath. NOTARY PUBLIC (Printed Name) My commission expires: 1998 !~-27-19<g7 3,37PH F-RC~ ~ 312 263 7621 P. 2 I~AR 1 0 1998 I .,1997 Collier Count)' Community Development Division 2800 North Horseshoe Drive Naples, Florida 33942 Letter of Authorization - Wie~ins Bay PUD: PUD Amendment (Project Name) Dear Sirs: IAVe ( Theodore H. Eckcn. President of Harig Manufacturing Corporation ) the undersigned, being the owner of real property located in Collier County, Florida and described in the attached application, hereby authorize Planning Development Incorporated / Michael R. Fernandez, AICP to file the application on our/my behalf. Signature Theodore H. Ecken (Printed Name) State of Illinois County of Cook The foregoing instrument was acknowledged before me this da)' of ,1997 by_ Theodore H. Eckert who (is personally known to me) (has produced as identification) and who did (did not) take an oath. NOTARY PUBLIC (Printed Name) My commission expires: MAR 1 0 1998 1~-27-1~ 3~3'7PH ~ ~ 312 ~)63 7621 P. 3 ]. Burton Retf I__~,..~om,~ ~.~.... !o,~,,_i lanuary 21, I998 Collier. County Current Planning Section Development Services Building 2800 N. Horsesho~ Drive East Naples, FL 34104 Dear Core,mission Members: I have a condominium at 340 Horsecreek Drive, Princeton Place in Naples. I respectfully request that petition No. PUD-82-33(I) be approved only on the following the conditions: The resident buildings should be no higher than five stories which would fit into the neighborh~ and in my opinion not have a dela'imental effect on existing five story residences. The new residences should have their own road in and out and not go through Horsecreek Drive. Horsecreek Drive is already at maximum traffic capacity and further traffic would only increase the safety hazard. I would like to further add that when I purchased property in Princeton Place I was informed that the property in question was zoned commercial. My wife and I plan to become permanent Florida residents in the very near future at our current address. I believe any changes other than the conditions I suggested above would have a detrim~l effect on all property located in Princeton Place. I request your consideration. Thank you. ,./ Sm ~ ly, .--- 340 Hor~c"~k Drive [ ] ~t402 Prince. on Place ~ Naples, Florida Marino & Stella Zonzini 781 WiGGins Lake Drive Unit #104 Naples, Florida 34110 February 2, 1998 Mr. Ronald F. Nlno, AICP Chief Planner Comn~unity Development & Environmental Services Division 2800 North Horseshoe Drive Naoles, Florida 34104 Re: Petition No. PUD-82-33 (1) Dear Mr. Nlno: I am an owner of Property within the WigGins Bay Planned Unit Development Community. Please be advised that I am against rezoninG PUD WiGGins Bay for the purposes of eliminating commercial land uses on co~erciall¥ designated tract and replacing same with a seven [7) story residential building containing 56 dwelling units for the property located on the southeast corner of the intersection of Vanderbilt Drive and WiGGins Pass Road in Section 16, Township 48 South, RanGe 25 East, Collier County, Florida consistinq of 148.26 acres. This rezoninG would allow more than one seven story residential building as 148.26 acres will be rezoned if Passed. With the currently approved building plans and the dwelling units already built in this WiGGins Bay area, the population density is out of control at present. Sincerely, Marino February 1, 1998 Ronald F. Nino, AICP County Current Planning Section Development Services Building 2800 North Ho~e~ho~ Ddve East Naples, Florida 34104 Re: Petition No. PUD-g2-33(1) Rezoning commercially designated tract for Harig Manufac~g Corp. by Michael R. Fernandez, AICP at Vanderbilt Drive and Wiggins Pass Road. Dear Chief Planner Nino, The proposed elimination of commercial land use on the southeast comer of Vanderbilt Drive and Wiggins Pass Road is an OUTRAGE! The traffic, congestion that will be caused by a seven-story building on this track is undeniable. Good God, can't we have any room to breathe!? ffthe owner of this tract planned to build why didn't he purchase something zoned for building? The fact that this land was zoned to benefit all the residents in the area is one of the reasons I purchased in Wiggins Bay. It is not right that laws can be changed to accommodate the wealthy. There was a reason you zoned this land commercial in the fh'st place and we are counting on you to hold true to your plan. Sincerely, - ., '.;'/'/'~,,, ~,,- , /:'/.v'. ,,., .. ,',.,,., .----/ Kathleen Shanley 380 Horse Creek Drive, Unit 107 Naples, Florida 34110 941-594-8806 MA.R 1 0 199B County Current Planning Section Development Services Building 2800 North Horseshoe Drive East N~oles Florida 34104 Johan AhlstrOm Mannerheimintie 52 A 7 00260 Helsinki Finland Re; Petition No. PUD-82-33 (1) To whom it may concern, I own a condo in Wiggins Bay, Princeton Place, Building 5, unit 408. It was bought already preconstruction when these buildings were being built. We Ilke the area very much and would prefer that ft stayed the way it was planned. At the time when we bought our condo, there were no plans of having a high building at the comer of Wiggins Pass Road and Vanderbilt Drive. This tract of land was designated commercial so that services could be made available for reside;3ts in the area. W'~h reference to petition No. PUD-B2-33 (1) I object to the rezoning of the tract from commercial to residential. I also object to a seven-story residential building at this location. There will be too many residential units in comparison to services offered in the area. We have been waiting long enough for this area to be fully developed. So far everything is going to be very nice. Please make sure that the responsible development of our area will continue. Yours Truly, ~, J~han Ahlstr0m January 28. 1998 County Current Planning Section Development Services Building 2~00 N. Horseshoe Drive Eas~ N~tples, FL 33942 Ann: Cc'enmissi~ers The purpose of this letter is to object to Petition No. PUD -~2-33 (1) I caojea to the rezonin$ for several rensons. My d~ision to purchase a eondem~ium at Princeton Place was based on the original PL~ documents. The doeumenu showed that I would have an tmobstructed view to the west beeau~ the PUD 6ocuments prohibited a high ris~ building fi.om being built, i believe ineorlxs'ated within my original p~ch~se e~'aet to buy a unit st Princeton Place is an implied ean~act, namely the PUD doeumem. To change the zoning is to breach the contract- I believe t~e project for v,~ich the zoning cha~ge has been requested is too dmse and would eantribute to maffie congeszion within Wiggins Bay ~nd on Wiggins Pass Roed mad raise serious s~fety eonsi~ratians. When the original developer subm~ed the PUD documents for approv~! he obviously felt he was getting f~iz return on his money and investment. The o,,~ers of this parcel in my opinion trying tom~e an obscene profit at the expense of all the residents of Wi~in$ Bay and th~ taxpayers of Naples. ! urge you to v~xe NO on this rezoning request snd urge you to convey to the awners that futtre requests will meet a similar fate. Very truly yours. 'P~omas C. CYNeil FTL-~ce~on Place at Wiggins Bay 300 Horsecreek Drive Naples, FL 33963 January 23, 1995 Mr. Ronald F. Nino, AICP Chief Planner Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Nino, As the owner of Unit #505, at 360 Horsecreek Road. I 'have received your letter dated january. 6, 1998. I am very confused as to the actual meaning of your letter. Obviously I can read the written word but my confusion begins with the fact that when I purchased my unit, the property in question wu zoned commercial. Our planned unit development was contained within a walled-in area with access through a gate. There were five buildings to be completed, all of which would be only 5 stories with no more than 37 units each; by no means overcrowded for the land available. The proposed zoning change will grant access to that property through our Horsecreek Road. This road is enjoyed by wall.ers, joggers, bicyclists, baby carriages, people walking dogs, children, etc. By increasing the traffic, the lifestyle and enjoyment of our community will definitely be altered. Our inve~ment and lifestyle is at risk, Mr. Nino. Surely you can understand a~d appreciate our situation. Therefore, I am requesting that you use any method within your power to deny the zoning change. Sincerely~urs, / Linda Mc, ore ~" ] ( I11,11~[TII FLUE lEI If ~ FL.MllO Iamxa~.- 29. 199S Eouald F. Nm, AICP Chief Ptnnn' Pc: PUD-82-33(I) HAERIG MFG. CORP. Cl~rles M. TR~ac 19988 Laurel Avenue Rocky River, Ohio 44116-2717 January 26, 1998 County Current Planning Section Development Services Building 2888 North Horseshoe Drive Naples, Florida 34184 RE: Petition No. PUD-82-33(1) Michael R. Fernandez, AICP Planning Development Inc. Dear Mr. Nlno, I am writing in response to your letter of January 16, 1998, regarding the above-mentioned Petition. As property owners within the Wiggins Bay Piannned Unit Deve;opment community (or within 388 feet of the boundary of the Wiggins Bay PUD) ;it 585 Clubslde Drive, #282, Naples, Florida, we would like to submit comments for th~ upcoming meeting o~r February 5, 1998. My husband and I favor the RESIDENTIAL development of Wiggins Bay and stand AGAINST commercial development. We feel there is sufficient commercial development in the area and the residential living qualities will be altered unfavorably. If we may make a further comment regarding the favored residentail development, we would prefer the buildings to be no higher than three or four stories tall. Once again, we are hoping the development of tlte area to maintain a certain quality and appeal. Thank you so much for this opportunity to voice our concerns. Please continue to Inform us of any further Issues. Sincerely, Mark and Oenise Emery Collier County Current Planning Section Development Services Bldg. 2800 North Horsehoe Dr. East Naples, FL 34104 re: Petition PUD-82-33-(I) Please be advised thai my wife and I, residents of the PUD known as Wiggins Bay, request thai you deny the request for the rezoning of the commercial land use designation presently in place at Wiggins Bay. The residential density which was originally approved should stay unchanged. In addition, there is a need for a convienence commercial type establishment to serve the already increased population of the area. Please make copies of this letter and distribute one to each of the Commissioners. Very truly yours, Gerald F. Cabot 360 Horse Creek Dr. #501 Naples, FL 34110 XC: Tim Hancock, Commissioner 2300 W~o~ l~t. ll P.~I. E~le~, IIt~, 60068 % Fr~c~ J. Healey. 2300 W~d~ov M~ Paxk Rid~, llliaci, 60068 ~~'-~'/.Z ~ ~~' , _,~ ,..n Francis J. Healey, ~I.D. 2300 W~ud~v Mall Paxk Ridge, Illinoia 60068 George & Helen Andelfinger 320-403 Horse Creek Dr. Naples, FL 34110-6033 January 20, 1998 Collier county Government Community Development & Environmental Services Div. 2800 North Horseshoe Dr. Naples, FL 34104 Attn: Ronald F. Nino, AICP, Chief Planner Re: Petition NO. PUD - 82-33 (1) Our understanding is that the vehicular ingress and egress for the proposed development of "seven (7) story residential building(s) containing 56 dwelling units" will be at the exist- ing gated entrance for Wiggins Bay Foundation. Vehicular trafficwill flow to and from Wiggins Pass Rd. and then to and from Horse Creek Dr. The entrance from Horse Creek Dr. to the proposed development is at the west end of Horse Creek Dr. Our objection has been and continues to be the fact that approximately 85 cars will be added to the traffic on Horse Creek Dr. The drive is used by owners to stroll, jog, and walk dogs. The drive has no sidewalk adjacent to it. The entrance gate on Wiggins Pass Rd. will have added traffic when the Tarpon Cove and WCI developments are completed. This is due to the fact that membership to the Tarpon Cove Yacht and Racquet Club is included in the purchase of dwellings. At Tarpon Cove, 378 dwellings will be built. At the WCI Towers within Wiggins Bay Foundation, ~58 dwelling will be built. These developments will add approximately 800 vehicles to the gate traffic. The ingress and egress to the proposed site development should be on Wiggins Pass Rd. and not thru the Wiggins Foundation Gate and onto Horse Creek Dr. Very truly yours, c: Foundation file. Janu~y 24, 1998 GERALD & ELLEN SINCLAIR PO Box 429 Salem, Illinois 62881 Collier County Can'em Planning Section Developmem Services Building 2800 N. Horseshoe Drive East Naples, FL 34104 Dear Commission Members: In reply to your I~' oflsnuary 16,1998, my husband, ~d ~11 would like to respectfully ~sk thst the petition No. PUD-S2-33(1) be slid, ed so that the number of residences be reduced. That is a very busy comer and Vanderbuilt Drive is atready congested and dangerous. Also, we would request that the property have a private entrance off of Vanderbuitt Drive. Hors~creek Drive is a very busy road and adding more traffic would cause s safety hazard. Please consider our request as we believe that adding to the traffic in Princeton Place would effect the value of property on Horsecreek Drive. Thank you. Sincerely, Ellen Sinclair 360 Horsecreek Drive ~tt401 Naples, FL 34110 ORDiNAJ<CE NO. 98- AN OR21NANiE kMENDiNG ORDINANCE 82-121, AS AMENDES, WIGGINS BAY A PLANED UNIT DEVELOPMENT, PUD, BY PROVIDING FOR: SECTION ONE: AMENDMENT TO MAXIMUM GROSS PROJECT DENSITY SECTION; SECTION TWO: AMENDMENT TO C~94ERCiAL SITE SUBSECTION OF DEVELOPMENT STANDARDS SECTION; SECTION THREE: AMENDMENT TO MULTi-FAMILY DWELLING UNIT DISTRIBUTION SUBSECTION OF DEVELOPMENT STANDARDS SECTION; SECTION FOUR: AMEN~4ENT TO MASTER PLAN SUBSECTION OF DEVELOPMENT STA/~DARDS SECTION AND; SECTION FIVE: EFFECTIVE DATE. WHEREAS, on December 28, 1982, the Board of County Commissioners approved Ordmnance Nu~er 82-121, as amended, which approved the Wiggins Ray Planned Unit Development (PUD); and WHEREAS, M:chael P. Fernandez, AiCP on behalf of the Harig t(anufacturmng Corporation owner of certaln land in the Wiggmns Bay PUD pet~umoned the 5oard of County Commissioners of Collier County, Florida to ar, eno Ord:nance NurSer ~2-121, as amended, as set forth below: NOW, THEREFQRE BE '- ORDAINED, b.y, tke Board of County cf Col'let Ccun%y, Ficr:da: SEC?i~.. Ct:E: A:.:E::CM£::7 -' :~J~..'!4UM GROSS ........ --" --v The Sect:ch ent:tle: ":(ax:mum Grass Prolect Dens:fy" of the W=~gmns Ray ~ianned UnLt 2eveicpment :Ordinance No. 82-121, as amen=ed), is herec':, amen~e~ t~ rea~ as follows: Maxlmum Gross Prelect Dens=fy ~..~ ~.: ~5 un,ts ~er =ross. acre bul!dable on s:te; t~,ai~' ~wei!~nQ unit count not tc exceed r~ 749 unit~. TWO: AY. ENDMENT TC CO.Vl~.EP. ZiAL SITE SUBSECTION OF DEVELOPMENT SCANDAl- DS SECTION The Subsection entitled "Commerclal Site" of the Section entitle~ "Development Standards" cf the Wiggins Bay Planned Unit Development (Ordinance No. 82-12!, as amended), is hereby amended to change the title tO "Multi-Family Slte" and otherwise read as follows: words struck thr9u~h are deleted; words NAR Multi Family Site The former commercial tract~ being some 3.5 acres in arear is converted to a 56 multi-family housing unit. The maxlm,um heigh~ of the bulldin~ on this site shall not excee~ seven (7) habitabl~ living floors beginning at the 100 year mean flood elevation. T~~' development strategy and standards to be employed shall be in no case less than the Resldential M~itipie Family "PMF-16~ Development Standards, Section 2.2.7.4 of the Collier County Land Development Code as further illustrated by Exhibit 'C". Development of the tract snail be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. SECTION THREE: AMENDMENT TO MULTI-FAMILY DWELLING UNIT DISTRIBUTION SUBSECTION OF DEVELOi~4]~NT STANDARDS SECTION. The Subsection entitled 'Multi-Family Dwelling Unit Distribution~ of the Section entitled 'Development Standards" of the Wiggins Bay Planned Unit Development ~Ordinance No. 82-121, as amended), is hereby amended to read as follows: Multi-Family Dwellin~ Unit Distribution Multi-Family dwellin~ unit distribution shall occur generally as indicated on the approved Master Plan. Two or more adjoining multl-family sites may be Joined to become a single develo~ment site. With the approval of the Director, side lot lines and the distribution of multi-family dwelling units indicated cn the approved Master Plan may be modified, so long as the iota! mui:l-famiiy d~elling unit count does not exceed &,~ 749. ....... · nj OF DEVELOPMENT STANDARDS SECTION. The Subsectlon entztied "Master Plan" of the Section entitled "Development StanOards" of the Wigglns Bay Planned Unit Development :Ordinance No. 82-121, as amenCeo), is hereby amended to read as follows: Master Plan The approved Master Plan shall also constitute the approved Subdivision Master Plan. The Master Plan is hereby amended to delete the Com~rciai designation and in its place provide for multi-family uses an~ buzidings not to exceed seven 17) storie~ parkin~ and as ~urther illustrated on Exhibit "C" replacing the former Master Plan and attached hereto and incorporated by reference herein. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words struck through are deleted; word~ ~ '2- MAR 1 0 ~re added. PASS£D AND DULY ADOPT£D by the Board of County Co~missioners of Co11£er County, florida, :nts -- day of , 1998. ATTEST: DWIGHT £. BROCK, CLERK BOARD OF COUNTY COPLM. ISSIONERS COLLIER COUNTY, FLORIDA APPROV£D AS TO FORM AND LEGAL SUFFICIENCY: MARJOI~E M. STUDENT ASSISTANT COUNTY ATTORNEY BY: BARBARA B. BERRY, CHAIRMAN I Words~mtruck t~rou~h are dele:ed; words \\ PUD EXHIBIT C EXECUTIVE SUMMARY PETITION NO. PUD-97-18, KAREN BISHOP OF PROJECT MANAGEMENT SERVICES, INC., REPRESENTING SIGNATURE COMMUNITIES, INC., REQUF~TING A REZONE FROM RMF- 6, RMF-12(6) AND RMF-12ST(6) TO PUD TO BE KNOWN AS THE DUNES PLANNED UNIT DEVELOPMENT FOR A ~ OF 531 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE NOR~T CORNER OF 111TM AVENUE NORTH (BLUEBILL AVENUE - ALSO KNOWN AS C.R. 8~) AND VANDERBILT DRIVE (C.tL 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 1, WIGGINS PASS LANDINGS UN1T #I ADDITION, IN SECTION 20, TOWNSHIP 4B SOUTH, RANGE 25 EAST, CONSISTING OF 88.55 ACRES, MORE OR LESS. OBJECTIVE: This petition seeks to have certain property as herein described rezoned from its current zoning classifications of RMF-6, RMF-12ST(6) and RMF-12(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 (531) dwelling units based on the assumption that the gross land area is 88.55 acres and ~he property qualifies for six (6) dwelling units per acre. The property is located within the urban residential designated area of the FLUE Map. Consistency detcxminations are as follows: Land Use and Deasiw - ~Land U~;e: The proposed uses of land are for residential purposes and associated and related recreational amenities. This is consistent with the definition of urban residential in the FLUE. Residential PCv.~S. The petitioners legally represent that the total property area is 88.55 acres including approximately fifteen (15) acres of land, dedicated to public use as navigable waterways but under the ownership of the petitioners. Although the submerged land area lies under a navigable waterway dedicated to and used by the public, it is nevertheless under the ownership of the petitioner and is included in the gross density calculation for this PUD. The petitioner has made application to vacate the internal streets waterways. In today's permitting environment it is most unlikely that the east/we~ would ever be approved, therefore, it is ~uitable that this area and the undevelop~ returned to the original parent property as it was prior to platting. and undeveloped east/west MAR 1 0 1998 Administrative staff has further opined that the land owners are entitled to a density of six dwelling units pec acre over the gross area of the parent parcel inasmuch as they legally own all of the submerged land, including the north/south 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 structured through the PUD document and Master Plan is consistent with applicable elements of the GMP. The EAB recommended approval of this petition subject to stipulations which are now included in the PUD. All staff with jurisdictional responsibilities 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 LDC are reflected in the. PUD Document. All rezoning actions require a findings of'he part of the Collier County Planning Commission (CCPC) based on the provisions of Section2.7.2.5 and 2.7.3.2.5 of the Land Development Code. A preponderance of the rezone finding support an action to rezone the subject lands to the Planned Unit Development zoning di,gtrict. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staff report which is approved by the CCPC. " The Collier County Planning Commission heard this petition on January 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 ha',4ng a principal entrance to Bluebill Avenue and traffic impacts Io Bluebill Avenue and Vanderbil! Drive. A number of people communicated in writing also expressing a range ofconcems. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approv~ will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new devclopmem on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are i, .nadequate to maintain adopted levels of service, the County must provide supplemental funds fi'om other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above the land use, density and intensity of development of the sub deemed to be consistent with the FLUE to the GMP. Other related consistency found to be consistea~t by virtue of the way in which development conditions were strategy devised for regulating the manner of development. 2 In view of thc consistency findinl~ staff finds that there is no negative or other adverse impact resulting from the adoption of this l:~'tition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisior~ of the Adequate Public Facilities Ordinance No. 90-24 aI the earliest or next to occur of either final SDP at. royal, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicatea that the petitioner's property is located within an area of historical and archaeological probability as r~ferenced on the official Collier County Probability Map. In response to this condition an Historic and Archeological survey was submitted. A review ofthis ~arvey found that no aAdifional research was necessary and that development may proceed without adversely impacting any archeological or historic resource. PLANNING COI~EVIISSION RECOMMENDATION: That petition PUD-97-18 be approved subject to a maximum building height of 125 feet above Mean ,F~. Elevation as applied to Parcels 1 thru 5, and that the Bluebill Avenue entrance be limited to a ~resi~lents use only. ('Notes: The PUD document has been revi~;ed to reflect a maximum building he~,ht of 125 f,~eet). ~I~ONALD F. NI~O'~AICP DATE CHIEF PLANNER REVIEWED BY: j. CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP G DEPARTMENT DIRECTOR SER/VI~S A. C,~'UTERO, ADMINISTRATOR COI~LMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-97-1 $ EX SUMMARY/md 3 /- v DATE DATE 1998 AGENDA ITEM 7-G TO: CC G COMMISSION FROM: COMMUNITY DEVELOP~ SERVICES DIVISION DATE: DECEMBER 15, 1997 PETITION NO: PUD-97-18, 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 Ridgewood Drive, suite 203 Naples, Florida 34108 Gerald F. Griffin II and Richard F. Corace A.L. Dougherty Co. Inc. a Delaware Corp. Phylis K. Dougherty, Pres. Delnor Towers Unit 9, Inc. an Ohio Corp. Frank J. Aecorsi, Pres. Delnor Unit 11 Partners an Ohio General Partnership Charles M. Wesley, General Partner D~lnor Neptune Propcrtis Raymond x. Heller Harold P. Partenhcimcr, Jr. Floyd J. Ramm Dale L. Rish David L. Brcrman as trustee OF ~ULF jlF. XICo MAR 10 ACTION: This petition seeks to have certain property as herein described rezoned from its current zoning classifications of RMF-6, RMF-12ST(6) and RMF-12(6) to "PUD" Planned Unit Development. OGRAPmC LOC T ON: The la'Operty is locamt both north of Bluebill Avenue and west of Vanderbih Drive (see location map following PURPOSE/D~ON OF PRO,rECT: The peti6on illuslrates a residential multiple family type of development consisting of a series of residential ~ under & unified, and integrated plan of development. The PUD regulatory documem ~ 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 S~ROUNDING LAND USF 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 ~rub, 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 lhe subject properly. Most of the project development is concenwa~d 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 undevdoped. This land is zoned RMF-12ST(3), RMF-12(3) and RMF-6(3). RaJ 10 South - West- To the ~ li~ two r~id~tial dev¢lolmlents~ ~i~ of m~pl~ f~l~ ~~, n~ V~d~ilt ~ve ~d~ilt ViD~ P~), a ~f~ly pmj~t (i.e. No~h~ ~ VR~ P~ ~d ~e N~I~ M~ofi~ G~ C~a~. ~e no~ ~f of ~e ~j~ ~d lies ~te ~e ~o r~id~ d~el~~ w~ch ~ ~n~ "P~". ~e c~ is ~ "A~ R~ A~c~. To thc ~outh lies a aeries of undeveloped Iota which are owned by Collier County. These lots To the west lie, the Channel of Turkey Bay and land tha~ is developed with high Hse residential swuctures, and is zoned RMF-16. GROWTH MANAGEMENT PLAN CONSISTENCY: The property is located within the urban residential designated at~a on the FLUE Map. Consistency determinations are as follows: ],,and Use and Densi~ - Land U~;~: The proposed uses of land are for residential purposes and associated and related recreational amenities. This is consistent with the definition of urban residential in the FLUE. Residential Density; 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 d~zity of six (6) dwelling units per acre based on the fact that the water ama (subte,anean land ama) included ia the PUD, which is technically unzoned, but lies contiguous to zoning which allows six(6) dwelling units p~ acre, is therefor~ entitled to that density attributable to the subterranean land area included in the gross land area which the ix'titioner h~s title to albeit with a public easement over the illustrated waterways. Determining the number ofdwelliag units and density that is consistent with the FLUE depends upon whether or not the gro~s land area which the petitioner has title to is deemed entitled to six (6) dwelling units l~,r acre. The following represents several ways that determine the total number of dwelling units: (i) Platted lot area st 67.01 acres times 6 = 402.06 units (ii) Platted lot area and vacated internal streets at 71,71 acres times 6 = a30 units (iii) Plarted lot area and vacated streets and vacated ease'est but undeveloped 77,~ acres times 6 = 467 units. (iv) Gross ar~a including all waterways at ~ acr~ tim~ 6 = 531 units The petitioner has made application to vacate the internal streets and undeveloped east/west waterways. In 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 fights-of-way be roamed to the original parer 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 all 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 Circulation Elemen_t - The FIE Trip Generation Manual indicates that this petition will generate approximately 2,693 ADT & 191 Peak Hour (AM) trips. It should be noted that under the current zoning, thc 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 Bluebill Avenue after trip assignments are made. In addition, this petition will not lower the level of service below this segment's adopted LOS "D" standard witt, in the project's radius of development influence 0LDI). 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 coll'e~tor road fronting thc project. The current traffic count for this segment is 7,255 AADT and is operating at LOS nC". 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 O~en St~ac.e - 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 bom impact fees. Conservation and Qoasta~ Mana_~ement Element(s) - 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 an~l Storm Water Manager0elat - The subject property is ser,,ed by system and water system. The project will be designed according to LDC requ 4 MAR 1 0 1998 water management. During the site development plan approval process the project will be required be consistent with all relevant provisions of the LDC. H! STORIC/ARCHA,15OLOGI CAL IMPACT: Staff's 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 Sepgices Deparunent staff. This petition was reviewed by the EAB on December 3, 1997. Their recommendations are included in the Development commitments section of the ?Lq3 as well as those of jurisdictional staff. ANALYSIS: Staff completed a comprehensive evaluation of this land use p.etition and the criteria on which a favorable determination must be based. Tl'fis 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 requiting 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 re::oning action to the long range plan for future land uses. Relationship to Future and Existin_e Land Uses - A discussion of this relation: specifically to Collier County's legal basis for land use planning, refers to the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. By virtue of its FLUE relationship the land may bc re'zoned 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 all directions fi.om thc property. Based on its current zoning the property can be developed with multiple family structures with a maximum heigl~t of fifty (50) feet, containing a total of 531 dwelling units assuming cer~n 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 confixmed. Simply because the property is being re'zoned to achieve a tmified 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. Fu~ermore, 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 demity then entitled to the pwperty based on R.M~:-12 z~ning. Additionally, a portion of the site was zoned C-3 and this zoni~ng 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 fifleen (15) stories above parking. Staffhas 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 Gi~lfofMexico by other development in which the highest buildings are eleven (1 I) stories (Vanderbilt Surf Colony). However, there are also buildings along Gulf Shore Drive south of Bluebill Avenue which have residential structures of fourteen (14) stories (Vanderbilt Shores Condo). The RT zoning district allows building heights of one hundred (I00) 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 the mean flood elevation on those parcels identified for high rise residential structures. Staff is 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 terms 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 rezoning action is timely, and in fact in this case is only made nec~sary to achieve a specific development strategy, because the land is already zoned for an urban residential project. Therefore, planning evaluation criteria based on consistency with the comp compatibility with surrounding uses, and timely in the sense that urban infrastructur clearly present. ! 0 1998 ,,../0 Traffi~ - A~ ind/cated above approval of this project is at th/s point/n t/me consistent with the Traffic:~ Circulation Element of the GMP. Moreover, the PUD document contains development ~pulafions thai will ensure that aa this project is developed that those subsequent requ/red ix;,~fitt/ng approvals will be executed in a manner consistent with requirements of thc Land Development Code and the County's Acc~__s Management Plan. Development stipulations provide assurance that additional right-of-way will be pr~erved for the widening of Vanderbilt Drive, Bluebill Avenue and the bridge on Bluebill Avenue, ly/ng west of Vanderbilt Dr/ye. Standard traffic management stipulations are included in the PUD relative to turn lane~, traffic signals and lighting. Utility Infrastructure fi.e. Sewer, Water Storm Wat~ - Development occu_n~g at this property will be cormected to the County's sewer and water distribution system, evidence which further attests to the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdividing or for approval of SDP's whichever first 0CC122'So Community Services Suvl~rt Facilitie~ - Both fire, police and other emergency services can be readily provided fi.om the appropriate provider jurisdiction. Master Plan and PUD develovment Standar~ts - Master Plan: The master plan illustrates Land Development Code requirements relative to landscape buffers and water management and is otherwise subject to all applicable provisions of the LDC. Access is limited to an internal street system which provides a point of interface on both Vanderbilt Drive and Bluebill 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. PL,rD Develovment STand. ard~ - The development standards employed by this PUD are similar to those required by conventional residential zoning districts aa ~ey apply to specific housing structure types. Aside fi.om the issue ofwhat 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 those 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 Improvement~ - No substitution to design standards or improvements are provided for in this PUD. STAFF RECOMMENDATION; That the Collier County Planning Commission recommend approval of Petition described by the draft ordinance of adoption and exhibits thereto (i.e. PUD do~ unent and master ! 0 1998 II J plan) having the effect of amhorizing $31 dwelling traits in buildings which in part shall not exceed height of onc hundr~! and twenty-five (125) feet above the Mean flood El~vation eatab~ by law as illustrated on the Mast~ Plan. P AREDB : ~ RCJ~ALD F NINO, AICP CHIEF PLANNER REVIEWED BY: i~.O~T .l. MULHERE, AICP CURRENT PLANNI]qG MANAGER DONALD W. ARNOLD, AICP COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-97-18 StaffRepon for January 15, 1998 CCPC meeting. DATE DA~ COLLIER COUNTY P ~LAN~~MMISSION: ~,fiCHAEL A. DAVIS, CHAIRMAN PUD-~7-18 ~I'AFF REPORT/n~ MA~ 1 0 ]998 FINDINGS FOR PUD PUD-97-18 Section 2.7.3.2.5 of the Collier County Land Developm.-nt Code require~ the Planaing Commission to make a ~mding as to the PUD Master Plar~' compliance with the following criteria: The suitabil~ty of the area for the type and pattern of development proposed in relation to physical characteristics of the laud, surrounding area~, traffic and access, drainage, sewer, water, and other utilities. E[It.O.[gil 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 now 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 they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findin_~: Documents submit'ted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Finding The PUD as amended v, ill be consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, res',rtctions on design, and buffering and screening requirements. Finding: The PUD Master Plan has been designed to optimize relationships through the use of various forms of open space separati and lakes, etc.). External relationships are automatically regula ........ · ~t~t~gY~ ~'~K led by the Land MAR 1 0 1998 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 fi.om other development. The adequacy of usable open space areas in existence and as proposed to serve the development. Finding: The amount of open space set aside by this project will be made consistent with provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ~ 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.) The ability, of the subject property and of surrounding areas to accommodate expansion. Findin. gl Thc property now lies in thc middle of intense urban development which is an indication that its timing for development is now ripe. This is further enhanced by its excellent access to the County's arterial highway system. These two conditions support the ability of this property to accommodate development. Conformity with PUD regulations, or as to desirable modifications of such regulations tn 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. ~ The PUD has been designed in a manner consistent with current development s~.ndards as they apply to commercial and residential zoning diswicts. These together with requirement to comply with applicable provisions of the LDC all serve to achieve the public purpose of these regulations. P~ FIN~DI'NGS PUD-97.1 g/md 2 MAR 1 0 1998 , REZONE FINDINGS PETITION PUD-97-18 Section 2.7.2.5. of il~ Collier County Land Development Co~e mquir~ thai the r~por~ and recommendations of the Planning Commission m the Board of County Commissioners shall show that lhc Planning Commission has studied and considered thc proposed change in relation to the following, where applicable: e Whether the proposed change will be consistent with the goals, objectives, and policies and Future Lind Use map and the elements of the Growth Management Plan; Pro/Con: Evaluation not applicable. ~ummarv Findings: The proposed development as amended will be in compliance with the Future land Use Element of the Growth Management Plan for Collier County and outer elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CC'PC staffrepon addresses this same finding. ,' 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 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 Dist:ict jurisdictional wetlands occur on the subject property. Most of the project development is concentrated in upland areas although minor impacts to witk/n the residenti~l parcels. The RMF-6,3. RMF-12ST(6)and RMF-12[6). 1 0 1998 .___J St~rounding: North South - West- To the north the land is undeveloped. This land is zoned RMF-12ST(3), RMF-12(3) and RMF-6(3). To the east lies two residential developments consisting of multiple family stmaur~, next to Vanderbilt Drive (Vanderbiit Villas PUD), a two- family project (i.e. Northshore Lake Villas PUD and the Naples Memorial Gardens Cemetery. The nonhero 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-I 6. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findines: The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action wl'tch is expected given that timing is appropriate. Availability of ad~uate infrastructure, nearby tn'bm development, support the timing relatiomhip and justify converting the existing zoning to a PUD essentially not changing the development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for chnnge; Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries ar~ logic, ally drawn. Whether changed or changing conditions make amendment necessary; 2 the passage of ti e pro IlAR 1 0/998 Evaluation not applicable. Summary Finding: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE ('Futur~ Land Use Element cf the GMP) is a positive one. The re'zoning 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; (i) The property is currently zoned to allow multiple family housing. The PUD simply represents a strategy to restate what thc land owner is essentially entitled to. ¢9u: (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 Ftndtnes.', 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 mount 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 penk 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 f~er affect traffic. Con: (i) None. Summary Fin, dines: consistency with Policy 5.1 of the Traffic Element of the G~fP and wa a statement advising that this project when developed will not excessiv congestion. Additionally certain traffic management system improvcn Evaluation of this project took into account the requirement for found consistent, ily i~ ~ents are requir~ 3 1 0 1998 1'7 as a condition of a~:rproval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects arc subject to the Concurrency Management system. ~.~nether the proposed change will create a drainage problem; D'9: (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. $0mma~ Findln~s: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be fup. her 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/Coo; Evaluation not applicable. Summary Findines: All projects in Collier Counp/ are subject to thc development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; 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 Flndines; This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect propea'ty values. Property valuation is affected by a host of factors including zoning, ho ' itself may or may not affect values, since value determination by law is value. The mere fact that a property is given a new zoning designation affect value. In this case however the property is zoned t~ pomait a 4 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. il.. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with ezisttag regulations; Pro/Con: Evaluation not applicable. Summary Findines: The 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 adminisltative 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. ~ummarv Ftndines: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. ~ummary_ 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. MAR 1 0 1998 ~ummarv Finding: The proposed development complies with the Growth Manaserncm 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 nsc in districts already permitting such nse; ~ Evaluation not applicable. ~ummnrv Findints: This site is zoned ILMF-12)6) and RMF-4 which allows multiple family residential. Whether or not there are other similarly zoned residential areas is irrelevant. 16. The physical characteristics of the property and the de~ree 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 Flndines: The site will be altered to thi: 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 Fi~dints: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets v,4th GMP established relationships. NOTE: GIMP as used her~in means the Collier County Growth Management Plan. FLUF~ means the Future Land Use Element of the GMP. REZONE FINDINGS PUD-97-1 g/md 6 MAR 1 0 1998 _ PETITION DATE APPLICATION FOR PUBLIC FIRARING FOR STANDARD REZONE AND CONDITIONAL USE REOUESTS pLANNIr. D UNIT DEVELOPlV~NT REOUESTS COMMUhTI'Y DEVELOPMY..NT DIVISION PLANNING SERVICES Name of Applica~s): Si=nature Communities. Inc. Applicant(s) Mailing Address: 5551 Rldgewood Drive Suite #203 City: Navies Applicant's Telephone Number: Res.: State: IrIorida Zip: 34101~ Bus.: f941) 566-2800 Is the applicant the owner of the subject prop,my? . Yes X No __. (a) If applicant is a land trust, so indicate and namk beneficiaries below. .... (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Gerald F. Griffin II and Richard F. Corace ~ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ~ (d) Lf applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ~ (e) I.f'applicmat i~ a lessee, attach copy of lease, and indicate actual owners if not indicated on the lea~. X (f) If applicant is a contract l:urchaser, attach copy of contract, and indicate actual owner(s) name and address below. SEE ATTACHED E~IT//~ 1998 Name of Agent: y~.aren Bishop Firm: ]'MS. 1~¢ of Naples Agem's Mail.bag AAdress: 2,335 Tamiami Trail Suite 408 City: Naples State: Florida Zip: 34103 Agent's Telephone: Res.: Business: (94D 435-9080 DETAILED LEGAL DESCR.IFIION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to mot= than one zoning dim'icL include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1"= 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGRqEER'S CERTIHCA~ON SHALL BE REQUIRED. SECTION 20 TOWNSHIP 48 south RANGE SEE ATTACI~D EXIHBIT ~ Size of Property Irr~ular Address or location of the subject property (BluebilB and Vanderbilt Drive Existing land elevation ~.0 ~o 12 fe~t County Flood Criteria Elevation ao Acres Northwest corner Illth Avenue 11' Date subject property acquired ( ) or leased ( ): If, Petitioner has option to buy, indicate date of option: multiple - see attached and date option terminates: 2 MAR 1 o 1998 Po., ,?.,,2 10. 11. Does property owner own contiguous property to the subject property? If so, give complete legal destwiption of entire contiguous properly. (If space is inadequate, attach on separate page). One of the owners owns land to the oortb. The lauds are described in the Ameaded Ce~ficate of Title, recorded in O,IL Book 634. Pages 126 through ][29, attached hereto as Ex. hibit #2. THIS APPLICATION I5 IN'IENDED TO COVER: (Check which type of petition you are re4uestias): X A. REZON~G: PRESENT ZONING R,MY-6, I~MY-12 REQUESTED ZONING PUD FOR Multi-Family Residential Development and Single-familY Residential Development CONDITIONAL USE OF ZONING FOR RESON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): SEE ATTACTIT~D BACKGROUND INFORMATION DOCUMENT IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? YES X NO IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. 12. 13. IS TKIS REQUEST A RESULT OF A VIOLATION? NO IF SO, TO WHOM WAS THE NOTICE SERVED? HAS A PUBLIC HEARING BEEN HELD ON TI-IIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAMe? NO 14. ARE THE~ EXISTING STRUCTURES ON THE PROPERTY? NO CBS , FRAME , MOBILE HOME , OTHER 3 / MAR101998T Acknowledgment of Limited Authority PLM,', J:~'~,~-.; 3'~':..';',.' ~'~ .... This acknowledges that $isnat~re Communities, Inc., a Florida corporation, as the applicant, is a contract vendee in respect to an Application For Rezone to PUD of Property to be called "Vanderbilt Beach Landings Planned Unit Development Ordinance" and that PMS of Naples, Inc. is the agent for Signature Communities, Inc. in respect thereto. Neither of the undersigned is the agent of the owner(s) of the property subject thereto except to the extent that the)' have been authorized by the owner to file and process the application for rezoning. The undersigned acknowledge that they may not modify the zoning application without approval from the owner's agent, Nick Andreeff. Executed this"l'ek' day of October, 1997. Signature Communities, Inc. By: /Get'df Griffin, II, President PMS of Naples, Inc. MAR 1 0 1998 ~CR~TJ~Y gOR l~11~C1~VE AND SALE Og/~A~L PRO~RT~, may ~A~cise ils mnedJes for l~zyc~'s defnult The ~ ~ ~, ~d (c' -~-" [- '- MAR 1 0 1998 OCT-B?-G? 15,21 PROM,CRANT PRZDKZH & PEARGON ZD,E41524e277 PACE Buyer will deliver lo Ov4~ an effective r~ltase aod ~'minafion of Buyer's rights within scvm C7) ~ys a.~ Bw/tr's rights to pur:,%se m'.',",ira~. B~r will wi be ~titled ~o · r~urn of th,: ~-T~c,~,i(s) ~:il t,be lermirwJo~ a,ad rele~: is =x~cuted and deiive~ {o ~ by Bu-/er, pro~axl that Bu~ is odzrwis~ enti~l~ ~o a return of e~e deposi~is). Should Bayer aca/eib'et ~o Ow~r E proper mnninsti~ ~ relea~ i~ reoordable form ~ stvca iT) day's a~cr BuTts rights ',cnniza~ dae lluy~ incvoc~ly appo~ ~ as B.m~s aienl and _-,~_horizes ~ to ~ mi r~cord ~he termination and ~lease of Buy~s rlShls by t~on of fl~s it;~n~r'- Buyer authcaizes ail third l~'fie~ to rely c,n s rtl~_~e md te:mir~oa of B~T~$ riglr, s b7 r~son of eis ~ pr~pm~ signed, aod fded b>' O~r. Buret ~ ~ pay Owo~ ail oosu and Sign~, S,..al~ and Delivevcd in the prc:e~a~ o1~ Buyer:. SIO-'NATIJRE COMiVlU'I~, INC., a Florida co,~,~ By: Gexald F. O~mn, U, Pr~i6mt Buy~s A. L. DOUGHERTY CO., INC., a l~la~ corporation , Date:~/t ~/q '1 o,,~s FEn~: ~ 5- 02, 7 13 I~AR 1 0 1998I / .OCT-O?-B? 1G,~22 IraOH,GIIAN! IItRI'DKIN i, PI'ARGON ID,B4~G140277 P.A. Rom~ & An:lr~ PJ~Olt THIS A~ is made by and ~nn,.e~ DELNOI>, TOWEES ~ 9. INC., an Ohio ~a~r~tion C~ sad SIGNATURE ¢Ot,'13,Er~,~. INC. ~ ~ ~~ ("Buyer']. and held. by ~crow AL,~:~ ~n ~ ~. AIl deposiu rome heteuzx~ sh~ll be held by ix~,vid~d. Th~ m'm '~t" or 'deposits' as used in this Agre~sr~a mc~n~ s~ of' the fo~,oing l~d to tl~ Ow,.~- upon ~:~ tcrminago~ of'this ~ How~,,~, h thc cyst ~ Ova~ is in MAR 1 0 1998 Si~d, .?~1~I ~z~ I~vered By: SIGNATURE COMMUNI~, INC., . FI~ ~on DELNOR TOWERS UN1T 9, INC., an Ohio corporation 13 1998 AG~tF.~MI!NT FOR PIIRCHA~E ~ ~ALF,_OF REAL PROPERTY THIS AGKEEMENT is n,~de by ~ be~ DELNOR ENTER.PKISF_.S UNIT II PAKTNEKS, an Ohio ~e~ral ~p ('Owns') and SIGNATUK~ COMMUNITIES, INC., Flori~ czrrpor~tio~ CBu~er9. h comidc~ica of tl~ mum~ cov~m~u ~I ~r~m~xt ~ cotmh~ md ~ good a~d v~bl~ e.o~~ the _r~c_eilX of whkh is C ur y, Fi ida If thc ~ in (b) and (c) ~r~ not paid wlwn dua, Buyer will ~ in dc'fault w'm~up~ Owner may exa'c~ i~ r~rnedies for Bu--~"s &fault.. The d~l~sits in (b) and (c) ~all be paid to a~d h~ld ~, Es, crow Agent in escrow l~'~nder. Ail d~:x~its ma& Ix~-undcr shaft be kid by E~crow Agcn! in ~n ~rmm~ bearing ac~.xxmt with a federally insured financial im-titution. The ~e~rued in,.~n..~ w/Il be p'~ to B,~"y~r ~ closin8 or upon r~mrn ofth~ deposit ~xc~ a~ otherwise lx~i&d. TI~ ~ 'deposit' or 'deposits' as used ia this A~n~I means such of t]~ fca~oing ~s have berm deposited willl ~ A~erlt. I! do~ not incllKle ~ d~;x>sits that have ~ made. Ail de. lx~s/ts pl~ ~ urdess specifically slated other~se in this Agreement, shall be paid to rite 0~x~er upon the terminaficm of this Agreemem. However, in the event the Owner is in IRRR 1 0 1998 si~ s~ =~d Dcti~ SIONATUI~ COMMUNITIES, INC., a Florida corl~ralioo By: D~tc: B~.r' s FERN: DELNOR ENTERPRISES UNIT I 1 PARTNERS, an OMo gme'rd By:_ ' '[ Own~s FERN: 13 I~R 1 0 1998 TI. tiS AGREEMEKi' h ~ 1~ ~xl ~ P, AYMOND X. HELLER, HAI~O~ P. PA~TI~~ JR., FLOYD I. RA.MM, DAlE L KI$!~ ~z~ DAVID L. BKEI'~qAN, ~s T~ of Dr..'u ~OR lq"~ PROPERS, ~ D~on of Trim uu, da' Ohio ~ C~ ~ SIGNA~ COMMUNITIES, INC., ~ Flodda ~on CBuy~). coud.~om he:rciu,/k~ ~: f~ ~ ~ ~ ~ ou F..xMbit "1" Ioc,~ i~ Collie. MAR 1 0 1998 q I--LO~q) j. p,~ ~ Co-Trum~ OMo ~ 13 ldAR 1 0 ~998 IN WITNESS WRE~OF, th. ia Agreemmt has be~ e~eeu~ed ~ of the d~y and y~r in th~ pr~sevx~ of: Buyer:. By: Da~: SIt3NATUR~ COM2vfl~'NITIF~, INC., a Flori~ corpor~tm C.,er~ld F OriOn, II, Pr~ideat ~.rtm-~.~e~ .3r.., a~ Co-Trus~ of Dek~or Neptur~ Propertie~, per Deelan~on of Trust under Ohio hw Da~. 13 MAP, 1 0 199BT 2_3 J h-o~x, rJ~, .~ l~doa ofTr~ und~ 0~o DAVID L. BRENNAN, as Co-Tr'~ee of De. lnor Neptu:z Propertie~ per D~claz~ion of Trust tu~ler OMo law 14 MAR 1 0 1998 F..x.l~k '2' Per'mtu~ Title M~r$ MAR 1 0 1998 MAR 1 0 1998 ,,~,. 3(.. ~ N " I ~AR 11. 12. APPROVED T/TL~ F.~GEPTIOI~' Sanl. ary ~ ~em. da~ 19 D~ lg74. and re,:',oe:~d lg Dec~ 1~174, al OR. NO. ~ gAR 1 0 1998 ~ ".1" UST OF ALL OW'HERS lin LEGAL O~$CRIPTIOhl OF EACH OV,,ICrdl'$ PROPERI'Y DELNOH ENTE.RPRI.~..~ UNiT 11 PA.qTNEP,~, afl O1~ General P~f.n,rah~ I~LJqOR I~IAR I 0 1998 JAMES W. ELKINS, P.A. A Lawyer's Professional Association 1000 TAMIAMI TRAIL NORTH, SUITE 303 NAPLES, FLORIDA 34102 941-263-0910 FAX 941-263-6091 To: Date: Re: Rona~,J F. Nino, Chief Pisnner, Collier ~ Comrm. mity Development S~rvicas Divi3ion, 2800 North ~e Drive, N~.eo, F'K)rkta 34104 6 January 1998 W'~ggins Pass Landings PUD Per your req,~s~ in our meeting of December 31, 1997, enclosed is an Affidavit from the Secretary of A. L. Dougher~y Co., Inc., setting forth the officers of that corporation. If you have any question regarding the Affidavit, pleese do no{ hesitate to contact me. Very truly yours, Ja~nes W. EIl~ns JWE/mh Encl. cc: Rk:l'mrd D. Yovarx:Mch, Esquire 1998 ~FIDAVIT ~ RENEE b"ICKEL, ~s Sccrct~ ofA. L. DOUGFIERTY CO., INC., a Ddawat¢ corporation, be/rig first duly rwom, depo~ and ~ that the fotlowing pema~ ar~ the elected officer~ of A. L. DOUGHERTY CO., INC.: ~ K. Dougherty - ~m"~ of Re Board of Directors Phyl~ K. Dougherty - President Charlo~ K. Dougherb' - Executive Vice Preddent Renee Nickel - Secrelmy. Allen Lance Dougherty - A~istant Secrelxry Phyllia K. Dougherty - Treasur~ Sara Dougherty Ungari - As.qstant Treasurer Dat~ of ~_.~2Z_, 1998. A.L. DOUGHERTY CO., INC. a Delaware Corpo~fion ~.ene¢ '1 |ck¢l, ;g¢crctary STATE OF [LLEqOIS COUNWY OF VEK,\ffLION I am a Notary Public who is authorized in the state and count3' named above to take oaths, and acknowledgements. I certify that RENEE NICKEL is ,',.-~rsonalb' known to me, or ~ has produced a as identification, and who ___ did take an oath the facts asserted are true, or did not tike an oath. If'nothing is checked., I know each of them, and each of them took an oath. I also certify tl,at ,~he 1) signed this Affidavit as thc Secretary ofA. L. DOUGHERTY CO., INC., a DeLaware corporation, 2) acknowledged thc execution of this document for and on behalf of and as the act .md deed of that corporation, 3) stated she is authorized to sign for the cerporafion by ti,at corporation by resolution, or by law, or both and 4) stated the seal affixed is the seal of that corporation. · X Witness my hand and official seal in the~c~ounty and state named above this ~'~" day of ,tOt H I[ (Type or Print name of Notary), My Cornnfission E~: ~JO¢, [ O ! t ----~r - hrn~y 2, 1998 RE: Wigl0a~ Pzai PUD l~titton Dear Mi'. Niao: ~t ~. Richard D. Yov~'i~ For t~e Firm RDY/sh~ Enclosure Jam~ W. l~.ich.trd C-:aat, E.aq~re 117212_I liAR 1 0 1998 ~.,, Z~ M~ll~am F. l~l~cJc LY~ Evi ](, yl~C)C, Trus~'.e&s Trustee Wind=red Liu ~u=~c2um&nn J~hn P. Carlisle ~ar~a ~, Gie~Y Charles M. Wesley MAR 1 0 1998 PA)((~41) ~Io2,~9 VIA FAC~VflI.E 643..~t~66 Mr. gon Ni.~o, Smtor Plmm'r ~ I~wlopm~ Sawt'-.~ Division ~ Nor~ Hot.boo Drive N~I~, FL 34104 RE: Wi/gins Pass PUD Pct. i~ion D~r Ms, Nino: F. aclosod i~ ~ list of thc offl;~ of Ddnor Towers Urd: 9, I~., cme of th~ e~tifle~ illvolved in thc ~ove-rderencc~ PLq) P~tion, wMch you r~ue..~.~ in our mccdng of Decernbcr 31, 19~7. li~ ~ould ccrn~lude ~1 of u~ r~qu~cd n,~nc~ for e~ch enrL'*y involved, If you h~w any quc~ons rc~a.rdin~ r. ht~ n~cr, ple~l~ feel free to contact me. Sincerely, Richard D. Yovano~ich For the Firm RDY/sho cc: Iaxn~ W. Elkim, Faqul~ Nklco].l P. ~, E~L,~ Rlaha.,-d 1 I'7,$42_1 MAR 1 0 ~99/~ 2acre~ry, Joe~i~h Clark F, O. B~rX 433 Carroll, ~o :43~12 MAR 1 0 12231.~ort. h M£~sl~n Drive Trt~n~a Co.~.r6, Thir~ Floor NapXaa, Florida 34103 J Re: My C1£8n~= Delnor T0war~ D~i~ g, I~. ~ F/la Mo: ~704 .~$ will a~led~o re~ei~ of yO~ ln~cr of ~c~r 31, 1997 ~o Fr~ A~or~i. Pl~al& ~ Jdvis~ ~a~ ~ o~f~o~ of ~i~ Towers ~lt 9, Inc. ~e am foll~: 1. ~e~dant, Fr~k J. ~r~ J'a~uary 7, 1998 Mr. Ron NLno, Senior Plainer Community Development Services Division 2800 North Horseshoe Drive Naples, FL 34104 RE: Wiggins Pass PUD Peri:ion Dear Mr. Nino: Enclosed is a list of the Delnor Neptune Properties Trust shareholders, one of the entities involved in uhe above-rderenced PUD Petition, which you requested in our meeting of December 31, 199'7. If you have an)' questions regarding this matter, please feel free to contact me. Sincerely, Richard D. Yovanovich For the Firm RDY/sho Enclosures cc: J~.mes W. Elkins, Esquire (w/out enclosures) Nickolu P. Ar, drceff, Esquire (w/out enclosures) Richard Grant, Esquire (w/out enclosures) 117542_1 .WP5 1 0 1998" NICKOLA$ P. AI"4£R C, UNNIN~HAH BRE:NNAN CO.. L.P.A. ATTORN£¥S AND COUN$£LLOR-~ AT LAW ~oN, 0~o 4~-13~ Y~ONC 330~I1.1411 TC~tCO~lCX 330/78~'11~ January 2, 1998 ~'a~: (2.1,5') 57~2649 Ms. Sherry L. Damorc Vice President, Corporate Trust Depas'tment National City Center. Room 635 1900 E. 9th Street P.O. Box 94915 Cleveland, OH 44101-4915 Dear Ms. Da. more: As discussed by phone this afternoon, we are going th.rough our list of Delnor-Neptune Properties 'l-past 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 the 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 w~s made. We had proxy notices retu_,'ned indicating that some of the shm'eholders Md pax~d away. Information on how to transfer shares was mailed to them, but in some cases no response was received by om' office. Some of these people may have contacted the bank directly and m-ranged for transfer and we were not notified. Malloy, Estate of James A to Joan P. Malloy Barratt, Estate of Wm. E. Ban'att to Ruth S. Barratt Darrow, Geo. G. and Bessie L. Jana:ihak, Donmld A & Janet L. to Sliwinski, Teddy Moran, Estate of George Anstine, Richard C. to Marsha Simonyi Klamm, Carolyn to Nelson Patton, Robert C. (Sma Bank/Southwest) to Kindig & Rittenour Thatcher, Donald E. MAR 1 0 1998 ._ -_ Ms. Sherry L. D,'~mor¢ Vice Presidenl, Corporate Trust Depa.rtment N~tional City Bank Ja~qua~ 2, 1998 Page 2 1 would appreciate the irfformafion requested on these aforementioned shareholders (listed above) at your earlics't convenfience as we must send a list of the shareholders to Naples as soon a~ possible in connection with the pending ~le. I am ~lso sending you (by mail) a copy of our mos~ recent updated list of .shareholders and ~dresses. At your earliest convenience, lb_is should be cross-checked with the bank's list of shareholders and any discrepancies noted. Thank you for your help. Sincerely, Anne M. Schellin Assistant to Nickolas P. Andreeff P qO00 1200 LUP MAR 1 0 19! 49_ { SHAREHOLDERS ~BLNOR-NJCPTUNE PBOPERTIES ADDRESS AND TELEPHOI~E NOS. NUMBER OF Si4ARES/ COPSMENTS Marie L. Abbott 1544 Beethoven Dr. 71 Westlake, OH 44145 Douglas D. Adair 215 Tucker Dr. 126 WorthingCon, OH 43085 _ Dominic 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 Jkkron, 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, O~ 44718 70632-1-2 Doris Angel 107-A Foster Dr. 13 Sciremammano Willimantic, CT 06226 Richard C. AJ~stine (Daughter: Marsha Jo Simonyi, 45 (Deceased) 1~9~: s.~co 4411 Mellinger Rd., Canfield, ~ughce=fo=fo~a=d~ng:~n~ormed ~. OH 44406) Corres. from Nachan Roman, ~,d ~ ~ughce~) (r~&nJfe~ ~n~o menc) Am. £xpre~a Financial, 970 Wind.ham Court, Suite 7, Youngstown, OM 44512 Dorsey N. & Maureen A. 807 Boyce Avenue 252 Baldwin Towson, Maryland 21204 Barclay, Vicki L (se~d.~ ~l~,~, ~ohe~¢/o£d~a~. Jori,, Co. 35 · 201 Pr~re~l Parkway ~l&nd Heights, ~ 63043-3001 (~ve!l& Ridge. or~g~l I~rehGlder (~c&l ~drees: 777 Reed Ave. ~ron, OK 44~06) Harry James Barber Cannot Locate 20 Ruth S. Barratt 1825 Mooring Line Dr. #3-C 168 Transferred fr~ estate :f Wm. $. Vero Beach, FL 32960 ,art,c%, ..D. R-357-7862/B-352- 0634 ) 1 0 1998 Monica Bartholomew 920 S.E. Dixie Hwy. 205 and Chet Stuart, FL 34994 Bartholomew (407) 286-9171 (fo~erly..MonLca P~arc~ Joy M. Beam 3308 Ca~nbridge Ave. 30 Rradenton, FL 34207-5008 Benjamin A. & Jean A. 15064 Lake Ave. 461 Bell Midd!efield, OH 44062 632-6006 Dr. Ott© N. Bernath 671 Delaware Ave. 18 Akron, OH 44303 836-1898 Frank & Dorothy Bezak 36050 Maplegrcve 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, Drusiila J. Ft. Myers, FL 33903-4929 Bishop, DOD 10/1/93) (941) 995-4929 Lester L. Bishop, 4205 G].asgcw 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 5/19/53 __ Ada Blain No Forwarding Address 13 Russell R. & Virginia L. P. O. Box 7551 4].0 Bcdle 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 Fai~ziew Park, OH 44126 Joseph T. Bolcgnue 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 Virginia C. Boyd 300~ Riverside Ave. 12~°'9~~. Cleveland, OH 44109 ~,~:~,~. ~ · £or~mrd.{~Xll~ld ~nn A. Brennan, Tr. For Sixth Floor, Society Building 265 Brennan Children's Trust Akron, OH 44308 Tr. National City Bank, Northeast 525 National City Bank, for Amer Cunningham Attention: R. B. McGuckin Brennan Co., L.P.A. PSP, One Cascade Plaza Akron, Ohio 44308 {.._ 5bo Bron~n David L. Brennan Sixth Floor, Society BuildingI 334 Akron, OH 44308 . Marcus A. Brinks, Tn~stee New Address: 589 for the Heinrich Anion Bri~ 2828 Heritage AVe., N.W. Revocabl~ T~st Canton, OH 44718 t{iidegard 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. Caliander 485 W. Church St. · 30 Newark, OH 43055 Joseph Canciia 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 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, OH 44223 _ -Edmund D. & Kay M. 702 #E Pinecrest Circle 3~6 Clemence Jupiter, FL 33458 MAR 1 0 1998 L P~ .... Velma Coates Robert B. &Dcris M. Cole Robert W. Co!opy, M.D. (Use Painesvi!le Address for Annual Melvin Corm Joseph B. & Frank J. Cosentino Vinos Costello 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 410 5439 Citation Rd. N 60 Toledo, OH 43615-2159 442 Avis Ave., N.W. 50 Massillon, OH 44646-3566 82 912 no for-&rd 8845 Mission Road Leawood Kansas City, MO 66206 Charlene Crawford Charlene Crawford, Tr. for the Benefit of Sharon E. Bartlett and Robert T/ Bartlett 415 Wil!o~ood. Dr. Dayton, OH 45404 415 Wiliowwood Dr. Dayton, OH 45404 Melvin J. Cruder 9002 N. W. 23rd St. Coral Springs, FL 33065 12 13 V National City c/o Banc OH National Bank, Tr. for Amer Cunningham Brennan Co., LoP.A. PSP, fbo Cunningha~ Richard T. Cunningham Ellen Elizabeth Curran National City Bank, Northeast Attention: 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 390 86 R. Fred & Bonnie L. 1135 Top of Hill 410 Damerow Akron, OH 44313 Bob F. Danner 51 2083 Carlile Dr. Uniontown, OH 44685 1409 S.W. 69th St. Oklahoma City, OK 73159 George E. & Bessie L. Darrow ~e: let~.r from A~¥. O')4sra 7/24/97; George I:'. d~ed Shares v:ll ~ ~r&nsf~rred ~o Bess3. e -4- 61 NIAR 1 0 1998~ John H. Davis 800 S. 15th St. 410 Box 1-5!0 Sebring, OH 44672 Mar~ae C. & Phyllis F. 638 Coshocton Ave. 43 Debenport Thronville, OH 43076-9346 Kichard W. & Harriet J. 34014 Highland Rd. 15.9 DiBartoio Leesburg, FL 34748 (New address or addit'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 · ' --- .~----'~'~'"'~"~"~-~'~.~ - - ~ ~%~j~. ~ ~,. ~'~' ' i ' . ... ' Shirley Dobbs 3389 Bon Air, N.W. 80 Warren, OH 44485-1304 ~t::~: ~4r~ ~:~ 898-2241 Send ~mnual No~ice to home James F. Doyle No Forwarding Address 25 William T. Doyle, Jr. 2542 Miramar 25 University Hg~s, OH 44118 John Allen Dr~[os 193 Oakwood Drive 13 Naples, FL 33942 James John Dfc[os 6703 Commadore Way 13 Tampa, FL 33615-5810 (813) 855-3477 Max Dunlevy & Margie 2441 Norchview Road 46 Dunle~f Rocky River, OH 44116 333-7996/522-3535 Donald G. Dye 2800 Pin-Oak Lane N.W. 126 Warren, OH 44481 Edward D. Jones & Cc. 201 Progress Parkway 35 ^~: s~.~, =y~.y ~aryian~i Heights MO 63043- 3001 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 Mill Rd. 151~7~2 McDonald, OH 44437 - MAR i O 1998 ._ Everhard Development, Inc. Helen Fabian 3880 Croydon Dr. NW Canton, OH 44718 993 Big Falls Ave. Akron, OH 44310 Ro928-1310 B-784-4491 108 410 R. Jack Finefrock Ralph J. Fintz, M.D. (& Jean A.) First of Michigan Corp. Fred P. & Ei!een S. Fisher William E. Fletcher, M.D. Theodore A. & Marshall Fogerty (Note: T'P,e-~dore h~s Cnly 1 shat,. il John P. Fongheiser Susan N. Foster Mary D. Frabotta Tony Frabotta Robert T. & Patricia H. Fracci Thomas C. & Darlene R. Fracci James R. Fuller, Jr. 9255 Beech Lane Atwood Glens Mineral City, O~ 44656 2555 Piedmont Ct. 44145 Westlake, OH R- B-251-3900 100 Renaissance Center, 26th Floor Detroit, MI 48243 1670 Union Street Cuyahoga Falls, OH 44221 R- 923-1823 B-923-2212 10595 Clearlake Dr. Painesville, OH 44077 3504 Bobwhite Rd. Melbourne, FL 32904 (407) 728-5642 (,~-~=;il & Also 7 Leavitt St. ~,JT.~to~.~: Skowhegen, Maine 04976 (207) 474-6708 1975 6th Street Akron, OH 44314 753-9765 236 Fairview Doylestown, OH 44230-1417 658-6012 20570 Westport Ave. Euclid, OH 44123 4~1-6357 20570 Westport Ave. Euclid, OH 44123 481-6357 7015 Center Street Mentor, OH 44060 1-255-2297 7281 Meadowlawn Dr. Mentor, OH 44060 2715 Counury Club Blvd. Rocky River, OH 44116 333-5820 82 4 I0 -6- 36 410 456 4 8 Sna~e. Unissued 75 126 252 252 14 190 MAR 1 0 1998 Dwight L. Fuliernon Charles J. & Susan J. Garvin Leo L. & Ethel A. Gary Wayne German A.K. Irrevocable Trust, Thomas R. Gersten~lager, Trustee H.A. Gesenhues, M.D. Edward E. Giet & Ann L. Giet William F. Grady James H. & Shirley L. Green, Trustees, .~., :.~,: of 12/12/9{ Vivian E. Griffin Otto A. & ~nette S. Gross, Trustees of the Gross Family Trust under Trust dated 11-10-93 Alice E. Grover Robert L. & D~)ris !. Guisinger John W. Guyon C.A. Hackathorn, Jr. (~4~te: 7/I/97. LoIc Certlfica~e. ~n 975 S. High St. Columbus, OH 43206 1155 Pleasan% Valley N.E. Warren, OH 44483-4548 3301 Darrow Road Stow, OH 44224 688-4526 165 E. Mohawk Dr. Malvern, OH 44644-9560 3314 Waterside Dr. Akron, OH 44319-3040 644-4410 315 S. Chapel Ave. Louisville, OH 44641 R-875-9221 B-875-8311 2859 State Rt. 43 Mogadcre, OH 44260 673-0511 8111 Bay Colony Drive Unit 1804 Naples, FL 33963 (941) 592-5597 dden Valley Drive.'#7 Rocky River, OH 44116 6773 Thicket St., N.W. Canton, OH 44708-5830 410 410 100 82 492 410 27 456 16 3880 Croydon Dr. Canton, OH 44718 9461 Eureka Parkway ~rma Hgts, OH 44130 (Jan. May): 3221 Benava Rd. Al03 Sarasota, FL 34232-4532 1850 2nd St. #1214 Cuyahoga Falls, OH -8122 B-923-2205 935 Xanadu Avenue Venice, FL 34292 420 Dunbarton Blvd. Richmond Hgts, OH 44143 481-7039 1489 Elm Grove Ave. Akron, OH 44312 (330) 699-3307 -7- 6C 216 33 44221 R- 100 252 22 IAR 1 0 1998 Ralph B. ~ Elsie Hagmann Hiram H. Hardesty Barbara M. Harkness Joseph A. Hartman, Jr. Wayne L. Hartzell Paul K. & Jean L. Hather Jack H. Hausch Shares transferred from mother, josephine M. Hausch Larry Even & Jane Ann Hausch Elmer E. & imogene E. ntz Michael E. Heis~er, Grdn. Denise M. Heister, Minor Michael E. Heister, Grdn. Mary L. Heister, Mincr Michael E. Heister, Grdn. James B. Heister, Minor Rita M. He!!er W. Gibbs Herbruck William S. & Evelyn R. Hewett Ora J. & Nancy K. Hochstetler 3340 Hudson Drive Cuyahoga Falls, OH 44221 928-2763 _______ 3310 Warrensville 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. ~kron, OH 44319 1100 Linmar Dr-ive 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 8-9691 B-929-2802 418 Collection Ave., S.E. Aiken, S.C. 29801-4604 2380 Saga Circle NE East Canton, OH 44730 456-4331 4300 Greenville Rd. W. Farmington, OH 44491 849-2396 -8- 29 410 4!56 126 137 46 137 25.2 8 820 603 410 Clarence R. Hoey A. Jean Hoffman Robert E. Hogg c/o Maier & Hoey Real Estate 17 E. Church St. Newark, OH 43055 No Forwarding Address o,¢~,,.~? 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 20 492 252 (813) 566-7949 Frank & Ma~y Holko 6190 State Rt. 46, NE 126 Cortland, OH 44410 Edward H. Holliger, 1804 Stonehenge Ave., N.E. 456 D.V.M. Warren, OH 44483 R-372-4890 B-372-4001 Paul E. Holman 1069 Carnegie Ave. 410 Akron, OH 44314 745-6240 James L. & Regina S 816 Greengate Oval 80 · Holt Northfield, OH 44067 Herbert C. & Yvonne M. 598 W. Mullberry 252 House! Jefferson, OH 44047 576-2971 Richard L. Housley 520 Meredith Lane 126 Apt. ~104 Cuyahoga Falls, OH 44223-2567 Robert C. & Martha J. 1570 Ottowa Ave. 820 Howard Akron, OH 44305-284 733.4272/733-6201 Liilian C. Hummer No Forwarding Address 45 ~ Florence M. Hunter 2086 Forest Drive 479 and/or A~biga! Marie Clearwater, FL 34623-1301 Keiter ~,: ~i~&l M, Keiter. 17?& ~nvtll Dr.. ~. £uc!~d. O~ %4L21 Frederick G. & Jean L. Route 1, Box 205-28 51 Hurner Connelly Springs, NC 28612 iiCecelia A. Inman 4746 Roadoan Rd. 151 Brooklyn, OH 44144 741-8634 Warren James Box 472 8_~.~~ 230 Harrison Street I Magnolia, OH 44643 1 0 1998 -9- I Dona!d A. Janashak 565 Westview Rd. 60 Donald DOD: 10/13/94 Bedford, OH 44146 1-662-9903 Donald A. Janashak & 565 Westview Rd. 350 Janet L. Janashak Bedford, OH 44146 Janet: DOD: 5/29/94 i-662-9903 tLcr. ric'd x/13/~¢ ~ brc:her, ~rc J~jh&k Michael Jo~ Javornicky ~-~Q ~ ~- ~rcc~ Mike J. Javornicky 1914 Niles-Cortland Road, South 252 Warren, OH 44484 652-0879 Dennis M. Jenkins P.O. Box 317 137 885 Southeast Ave. Tallmadge, OH 44278 633-5511 Lister N. Jenkins 482 S. Monroe Rd. 461 Tailmad~e, OH 44278 633-5511 Donald L. & Barbara M. 581 Encarnacicn St.' 27 Joel i Pun~a Gorda, FL 33983 Mary Frances Johnson 472 Derbyshire Drive 410 Trust, Dc~lara~ion of ~r~, Venice, Fla. 34292-3681 April 4, 1990, Mary Frances J___ohnson, T~s~ee .. Key Trust Company cf P.O. Box 9950 96 Ohio, N.A., Trustee, Canton, OH 44711-0950 U/A DTD 5-5-72 Jean S. Jones Rev. Trus~ Lucind~ H. Jones 8300 Olentangy River Road 410 Delaw. gre, OH 43015-9210 Richard C. Jones 8300 Olentan~y River Road 410 Delaware, OH 43015-9210 Jerold F. & Ruth B. Jest 1041 Bunker Drive 47 ~cron, OH 44333-3001 666-3859 Rudy S. Jovanov & Nancy 15701 Northwood Dr. 13 L. Jovanov Maple Hgts, OH 44137 587-0890 . _ --~¥~ ) ' : ...... J 3390 Meese Rd. SE Il 82 Barbara J. Kast Joseph P Kennedy No Fo~arding Address Lillie Belle Kennedy Jeffrey Lynn Kieffer Harold J. & Lucille M. Klotzel New Address: 8609 Werger Rd. Garretsville, 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 2 39 45 252 Landon Knight 3535 S. Smith Rd. 86 A3~ron, OH 44313 Wanda D. Kollenkark New Address: 492 P.O. Box 609 Santa Clara, Utah 84765-0609 Donna F. Kothmayer 2321 S.E. 27th St. 60 Cape Coral, FL 33904-3364 William R. Kothmayer 2321 S.E. 27th St. 126 Cape Coral, FL 33904-3364 Mary V. Lab 2435 Mary Lou N'W 179 Massillon, OH 44646' Leonard Laden No Forwarding Address 22 shara, ~i,.ue4 Karen E. Lal!y 22=n Pau '-~^ #322 25 forwarding address '96-'97 957 Bonnie Brae Ave. Youngstown, OH 44511 783-2919 Wilson B. Leathers Leonard W. Letke Laird P. Lias David L. & Donna G. Lightel Dr. George ~)ckhart III Thomas C. & Doris Logan Mary Ann Logan 1656 Eleanor Toledo, OH 43612 3304 DlueJay 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 Ave. Niles, OH 44446 -11- 2 5 Returned: no forward no forward 492 126 820 46 MAR 1 0 1998 Phillip F. Lucco 760 E. Glenwcod Avenue 85 Akron, OH 44310-3452 253-6168 Margaret M. McCaught~t 3560 Austintown-Warren Road 34 Mineral Ridge, OH 44440-9752 John V. Sail}, L. 3893 Bay Path Drive 410 McDowell kkron, OH 44319-2894 644-8659 Benjamin & Adah E. (6 months each location): 29 McMullin 7618 Warren Sharon Rd. Brookfield, OH 44403 (~30) 448-150~ 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 Ma!loy ~,~,~ ~. ~.,,~ ~/~/~ Canton, OH 44720 Transfer info sen~ ~o Joan P. 9/26/97~ Audrey A. Mang 4215 E. Bay Dr. ~202 137 (S~rel transferred i)/~3/97 from C, rl R. Clearwater, FL 33764 ,,~n~, T~u~ ) 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 ~il to: Box 58, Bath, OH 44210) 666 - 9198 Louise Markferding 31 Silver Street 72 (effecuive 10/25/95) Malverne, ~. 11565-1116 MAR 1 0 19~ (212) 339-3702 12- Lawrence L. Margroff Larry D. Markley Norma Smith Marshall (Recipient of Albert & Alice Ace ~hares) Jeanette Matejka Hilda M. Matteo 2112 Tyrone St. AJ-.ron, OH 44312-1235 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 820 12 252 126 49 McDonald & Company Securities, Inc. Re: Charles B. Kohl Richard Miles & Marjorie K. 2100 Central National Bldg. 800 Superior Avenue Cleveland, OH 44114-2603 2730 Susan Lane . P. O. Box 12 Cuyahoga Falls', OH 44223 923- 4422 126 45 Dan Lo & Elizabeth Ann 32 Ocean Breeze Dr. 15 Miller Jensen Beach, FL 34957 Mary A. Miller 1291 LaRochelle Dr. (Mrs. David Lewis Miller) Colu~bus, OH 43221 410 Robert D. Mitzel Revocable Trust dated June 24, 1993 Dr. George & Margaret Mokris Ronald E. & Judith Ann Mondy Vanderbi!t Towers ~1, Apt. ~504 5 Bluebi!! Ave. Naples, FL 33940 (813) 597-1004 817 Fairway Dr. NE Warren, OH 44483-5637 B-379-7151 1547 Vicgross Ave. Akron, OH 44310 633-90i0 (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 (George Moran, deceased) Son: Daniel Moran Frank Montana, Jr. 456 126 82 126 MAR 1 0 1998 -13- Martha M. Monteith Sandra M. Moore Opal P. Moose John N. Mrosko Tony P. Muccio Ra].ph G. & Rita M2 Murman William E. & Lorene Myers as Trustees of the William E. & B. Lorene Myers Revocable Trust dtd 8-27-92 Leonard J. Nagel Michael J. Naples (%9~6: ~ent C/O Suza,-.ne NapleJ; p r ox'f re~,urned) Suzanne Naples Frank E. & Martha R. Nathanson Laura Stewart Nay James L. Neaie, Jr. Richard E. Neidert Judy Moskwa Neman William H. Ney, III & Linda Do Ney 611 Rocky Hollow Drive Akron, OH 44313 864-7160 5592 Pescadora Fort Myers Beach, FL (813) 463-2132 33931 3940 Greentree Rd. Stow, 0~{ 44224 3130 Lynwood, N.W. Warren, OH 44485-1307 898-2773 16176 Sentinal Drive Sun City West, AZ. 85375-3881 404 Hogarth Ave. Niles, OH 44446 6322 Cottonwood Ln. Opollo Beach, FL 33572 10210 6E 178th St. Summerfield, FL ' 33572 10806 Cardinal Lane Brecksville, OH 4414{ 1875 226 - 1605 Vienna Ave. Niles, OH 44446 7930 Wood Pointe Ct. Sarasota, FL 34238-2946 (941) 923-5073 143 Kenilworth Dr. Akron, OH 44313 836-5868 18143 Strcngsville Blvd. Strongsville, OH 44136 - 826- 3046 c/o BN~ Corp. Tr. Div. Sec. 155 E. Broad St. Columbus, OH 43215 1501 Lake Center N.W. Uniontown, OH 44685 (330)877-3575 ,--.~a~..., ~,~ ~/~/,~ 133 Flintridge Dr. . Gahanna, OH 43230 1003 137 410 36 126 492 120 137 126 [~,~. no 126 410 57 126 14 Rita J. Nockengust 12424 Corinth Court Strongsville, OH 44136 j No,--man G. Nosek 6950 Woodwalk Dr. 20 Brecksville, OH 44141 Lawrence Oana 550 Auburndale 46 Akron, OH 44313 864-7684 Lucile b!. O'Brien 32770 Hiram Trail 410 Moreland Hills, OH 44022 Dr. Henry J. & Mrs. 116 Hunter's Run Trail 82 ~elia 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.s. ,30~-~- 4~51) {fr~ Elsie m. Olh~ft I~D &/X&/~0) Alan R. Olhoelt {Sue) 6 Coronado Point 42 (714) 363-7755 Paul F. Olhoeit and 4440 Jason Drive 42 Rosemary H. }ia.-~per, ~o~,: ~ilmington, NC (9~0} 392-9369 9ominic Olivo 132 Graham Rd. Cuyahoga Falls, OH 44223 (330) 923-4256 Paul H. Or:, Jr. 1529 Acorn Court 263 Whaelin9 IL 60090 {?08) 808-8023 Defreda Packard 7115 Run Park 63 Youngstown, OH 44512 726-7717 No Fo~ard Harry N. & Joanne Papas 1809 B~ookwood Dr. 410 Akron, OH 44313 864-4040 Frank Papa~onis 364 Kent Drive 11 Tallmadge, OH 44278 Rosalene J. Partenheimer 5852-B Summerfield Court 352 Ft. Pierce, FL 34982-3793 (407) 460-1948 Dorothy Parte~heimer 2501 Lancaster Rd., N.W. 410 Wilson, NC 27896-1226 Leonard A. Patrick 2780 Sixth St. 492 Cuyahoga Falls, OH 44221-2030 =.. 928-4217 MAR 1 0 1998 Sun Bank/£outhwes~ Florida, as Successor Trustee of the Robert C. P&tton Revocable Trust d~d 5-18-81 Tax I.D. ~59-6862788 James F. Pearcy Donald C. Plasterer John C. & Jane E. Plum Polly & Co. The Powell Electric, iP, C. (The Powell Organization, inc. by T. A. Powell, Jr., President) William J. Primrose, Jr. Mary Beth Radigan Bernard W. Raimer Mary T. Raimer (Herb Ramerman, Sr. for) James W. Ramerman Floyd J. Ramm Judith A. Ramm John M. Ream, Jr. DDS Sun Bank/Scuthwest A~ten~io~: Tr~¢y L. Li~.~. Trumt Officer P. O. Box 3454 FI. Myers, FL 33918 (813) 275-3200 {5/7/95: Cont&¢~¢d by Andrew ~rtlin~, ~, 1320 bce S~reet, ~,r. Ohio 4~22-1154 (1~ (330) 644-7993 (No forward rec'd) 10403 N.E. 74th St., Vancouver, WA 98662-4807 !603 A Treetop Trail Akron, OH 44313 Ban): of New York P. O. Box 1068 Wall Street Sra. New York, NY 1'0005 111 South 21st St. Newark, OH 43055 344-1664 2260 Pebble Cove Westlake, OH 44145-4382 (216) 331-9373 Also???: The Dorchester PHE 6085 Pelican Bay Blvd Naples FL. 33963 No Forwarding Address 6701 Lafayette Boulevard Independence, OH 44131 - 541- 3164 6701 Lafayette Boulevard Independence, OH 44131 27750 N. Woodland Road Pepper Pike, OH 44124 1750 Cliff';iew Rd. Cleveland, OH 44112 486-6352 1750 Cliffview Rd. Cleveland, OH 44112 486-6352 256 Woodridge Drive Tallmadge, OH 44278-252? -16- 205 50 871 75 579 456 25 93 115 6O 321 Barbara J. Redman Demetrios G. Retikas & Phaidra Retikas (Novella Ridge) ~: see Corr~l. 7/1/9~ (~e~ all ~xlx~m to ~r c/o:J (~al ~*lS: 777 ~e~ AvE. ~, ~ ~ - ~.~1~ ~tl~hts. ~ 63043-3001 David A. & Jean M. Riegler Deloris E. Riley Dale L. & Kathryn Rish Gretchen A. Ritter John J. & Lois R. Rogers Dr. Herman Rugani, Jr. Richard J. Russerte 2451 Andrews Dr. NE Warren, OH 44481 771 N. Portage Path AJ-.ron, OH 44303 Gary Ridge, Executor 580 Redstone Drive Broomfield, CO 80020 (303) 289-3595 x384 (office) (303) 469-4791 Vicki L. Barclay, s~,:,~,ov,~.~ 827 Springwater Dr. Akron, OH 44313 666-2257 No Forwarding Address 109 Cypress Pond Road ' Port Orange, ~L. 32124-6712 (904)788-1646 c/o Craig H. Stahl Power of Attorney 3/30/95 107 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. Wes: Bloomfield, MI 48324 48 205 7O 410 97 492 152 2O 82 36 William L. & Janet L. Rutan 76 Parker Lane Tallmadge, OH 44278 633-7413 126 George A. Dietrich, Tr. 75 E. Market St. 60 with Frank P. Ryder Akron, OH 44308 William H. & Cheryl J. 111 Hawk Avenue 137 Salisbury A~kron, OH 44312-1434 Lawrence A. Sanderson 613 S. Leavitt 252 Leartthsburg, OH 44430 Nick G. Sandru 2950 Englewood Dr. --31N~?~t~,-) N. Canton, OH 44721 492-1825 -17- I AR 1 0 1998 Lucille C. S~ska Don R. Sca!zo 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. Scul!y Shirley Seller Marian L. Sellers Richard G. Sengpiel (Super $cn~c) Roberca M. Shaffer Albert G. Sipka & Theresa N. Sipka Linda E. Smarrella John R. & Roberta J. Snyder Aubrey L. Sparks, M.D. 3856 Bradley-gro'wnlee Road Cortland, OH 44~10-9714 400 N. Federal Highway #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 Buttevant Dr. Munroe Falls, OH 44262 Corp. Actions/Asset Maintenance (Proxy) 4900 Tiedeman Rd. Brooklyn, OH 44144-2303 (Att: Mr. Terry Koch) (216)813-4407 Fax: (216) 813-4851 No Forwarding Address 2640 S. Belvoir Boulevard University Hgts, OH 44118 932-3330 P. O. Box 243 Greentown, OH 44630 4137 Heron Way E-204 Bradenton, FL 34205 1785 Fairlawn F~ol!s Drive Akron, OH 44313 R-836-9685 B-928-1657 182 kunadale Ave. Akron, OH 44304 8910 Echo Lake Dr. Warren, OH 44484-2120 856-3395 P. O. Box 1175 Tijeras, NM 87059 No Forwarding Address 26920 Wedgewood Dr. Apt. 502 Bonita Springs, FL 34134 (941) 495-8079 -18- 24 410 252 53 23 456 Forward 10 43 27 33 59 252 456 33 24 Share, Un~s-u,d MAR 1 0 Kathleen Lo Sparks 137 Peter A. Spuhler, Trustee Jerome J. Stanislaw, M.D. Karl H. & Marie Starks 410 866 461 Jennifer Steadman 26 James W. Steckel 410 National City Bank, NE, Tr. for John Steinhauer IRA Rollover U/A DTD 4-3-92 John S. Steinhauer Thomas F. Steurer Joann Gayle Strabley Paul R. & Patricia L. Stuhldreher Raymond R. Surfer No Forwarding Address 7150 Estero Blvd. ~607 Fort Myers 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 Stat. e Route 609 Burghill, OH 44404 44500 Dublin Rd. Columbus, OH 43221-5006 R-876-7505 B-224-9291 P. O. Box 2130 A~kron,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 Saepney 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 Crossweii Rd. Columbus, OH 43214 -19- Angelo Tamburro Thomas E. & Joan A. Terreri Esther L. Thatcher 293 425 12 39 137 126 126 16 I AR 1 0 1998 Dcn E. & Esther L. Thatcher c:~,~,:~,~ (/~ ~f ~Jcn,r 2723 Riverbluff Way Sarasota, FL 34231 (813) 924-8360 8O Kathleen A. Thoel P.O. Box 35096 17 ~ Charlotte, NC 28235-5096 James B. Thomas 12 Magdalena T. Tolbert Victor E. Tolleson III Denise Tompkins Joseph Tovissi Donald Toy Leland H. & Ellen I. Treap Marie Valsi Peter J. Van Dijk 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. ~ron, OH 44308 253-6029 3733 Shawhee St. N'W Uniontown, OH 44685 2973 Dale Rocky River, dH 44116 955 Minerva Read P. O. Box 83 Magnolia, OH 44643 107 Albatross St. Ft. Myers Beach, FL 33931 (813) 765-1630 558 Barlow Road Hudson, OH 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 Lola J. Vincent 410 152 126 82 93 410 126 456 866 -20- Earl R. Voorhies MAR 1 0 1998 c/o BNB Corp. Tr. Div. Sec. 155 E. Broad St. Columbus, OH 43215 7341 Presley Ave. Mentor, OH 44060 255-8673 Perl2/ Volpone, Jr. 8455 East Broad St. 126 Reynoldsburg, OH 43068 Perry Volpcne, Sr. 126 Richard L. & Ronalda H. 14881 Standish 60 Warren Box 426 Middlefield, OH 44062-0426 326-7961 Ruth A. Warren 10376 Brosius Rd. 85 Lot 27 Garrettsville, OH 44231 J. & Phylis Wells 216 E. Main St. 456 St. Clairsv~l!e, 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 UTD Dale Wenger Route ~1 14 Columbiana, OH 44408 482-2823 / 482-2185 Kenneth E. & Nancy A. 3529 Dayton Ave. 51 Wertz Kent, OH 44240 673-3782/585 Eieano~ A. White 664 Lafayette Dr. 410 Akron, OM 44303-1719 836-8069 Robert O. Williamson 2229 ~nthony Dr. 144 Akron, OH 44333 867-5078 Matthew W. Wilsonr~,=,.. 1810 Fleming Road 23 (502) ~59-2099 (changed?) Jerome S. & Beverly Wolf 2981 Silver Lake Boulevard, 682 Silver Lake, OH 44224 R: (330) 923-7734 B: (330) 923-4886 Linda E. Wolff ,~,~9~:,r o~ 10323 Southwest ll6th Street 116 share~lders) SSN: 270-50-7064 Melvin W. Woodman 4164 Mary Kay Cr. 492 N. Olmstead, OH 44070 MAR 1 0 1998 Jo Ann Wyler 79 Ernest Drive 410 Tallmadge, OH 44278-1663 , 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 ,4./~ =,ri.d; .......... 19 Wayne F. Young 212 E. Millersburg Street, P.O. 19 Box 333 Nashville, OH 44661-0333 Donald Zenn 33 S. Cadillac 151 Boardman, OH 44512 A:\12O0.DSL January 2, i~98 Shares-Signed Agreements 66745 -22 - 1998 DEL~Q~-NEPTUNE PROPERTIES ~EHOLDERS ADDRESS AND TEnEPHONE NQ~., h'UM~ER OF SHARES/ The following shareholders have not signed an Agreement ~_/LQ_T~iJJDE IN ~f MAILING Gordon Campbell 1311 Robin-Campbell Niles, OH 44446 652-8331 20 George & Martha Jyurovat 608 W. Streetsboro Rd. Peninsula, OH 44264 923-3764/653-8613 130 Don Noble P. O. Box 33 Rittman, 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 Total Shares No Agreement Shares-Signed Agreements TOTAL SHARES SH3LRES ISSb~D SIGNED AGREEMENT SHARES UNISSUED - SIGNED AGREEMENT SHARES - NO AGREEMENT 66,601 144 274 6.6,745 #2 0 9 -23 - MAR i 0 1998 ,,, i The following shareholders have requested a copy of all correspondence which is sent to their Trustee to also be sent to them personally. ~ Donald D. MacKay, D.D.S. 33 Merz 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 B524 Dominican Drive Ft. Myers, FL 33907 (813) 936-5754 Original sent to Advest, Inc. A: \12~.3. DSL -24 - I AR 1 0 1958 ~3/26t1995 23:38 12818755925 C~ C~_~_IF PAC45 81 COIjJER COI YY GOVEi NM .NT COMMUNITY DEXr~LOI~,iEN'T AND ENVIROh~{ENTAL SERVICES DMSION CUP~EN T PL~%/TN I NG December 23, 1997 2800 NORTH. HORSESHOE DRIVE NAPLES, FLORIDA 34104 De&r Property Owner: This is to advise you that you ow~ property located within 300 feet of the following described property and that a public hearing will be held by the Collier County Planning'Ccumm/saion o! Collier County, Florida, at 8:30 A.M., Thursday, January 15, 1998, in the Board of County Co~issionars Meeting ~oom, 3'" Floor, A~lni~=ration Suilding, County Govmr~nt Center, 3301 Taml~i Trail, Nm9les, Florida, to consid.r: ~UD-97-18 (RN) Karen Bishop of Pro~ect Management Services, Inc., representing Signature Co~munitles, Inc., r~msting a rezone ~F-6. kMF-12(6) and ~F-12ST(6) to PUD to ~ ~o~ as Wiggln~ PaSs Landings Pla~ed Unit ~ve!o~,unt for a max~ of 531 multi-family dwelling units, located on the northwest corner of 111'~ Avenue North (Blumblll Avenue - also kno~ as C.R. 846) anO 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' Pa~s Landings Unit ~1, and Lots I thru 4, Block 1, Wiggins Pass L~ndings Unit 91 ~dition, in Section 20, To,nship 48 Sou:h, 25 Range consisting of 88.5 ~cres, more or leas. You mrm invited to appear and be h~ard at %h~ p~lic hearing, or you may su~i~ your c~n=~ in writing. Written c~ent~ filed with the County Current Planning Section, Dmwelopment Servicas Building, 2800 North Mor~eshoe Drive, East Naple=, Florida, Drior to January 15, 1998 will be considered ~he public hearing. If a per,on dmclde~ to appeal any deciglon ~dm by the Collier County Planning Co~ission with respect %o any matter considered a= such me.ting or hearing, he will need a record of %he proceedings, and for such pu~osm he may need ensur~ that a verbatim reccrd of the proceedings is ~de, whic~ recor~ includem the t~s=lmony and mvidencm upon which the a~eal Is to be based. This petition application dmvel~nt plans and/or ~s=er plan if applicable, and other pertinent lnfo~tion rulat~d to this ~tition is kept on file and listed above. Please con~act the assi~ed Dlannmr noted below at 403-2400 set up an appointment if ~u wish to revie~t~e file Collier County Government Community Development and ESD Dear Mr. Nino, Jan.8,1998 1878 Lakeshore Rd. Sarnia,ON CANADA, N7T 7H6 As owners of property in Florida, we recently received notice that PUD-97-18 (RN) Karen Bishop of Project Management Services, Inc., representing Signature Communities, Inc., %s requesting a rezoning. We would like to express our opposition to their request. As we understand it , they are asking for 531 mu!ti-famiL9 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. ~j_~ ?l~Since r e l~/6L~ 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 Community 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 L~dings. 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, Jame~ J. Fell/in Rose~Msrie ~ell in I AR 1 0 1998 509 Roma Court-Unit 104 Naples, FI 34110-6459 January 13, 1998 Mr. Ronald F. Nine, AICP, Chief Planner Collier County Government Community Development And Envirommental Services Div. 2800 North Horseshoe Dr. Naples, Florida 34104 Re: Planned Unit Development illth Ave. and Vanderbilt Dr. Dear Mr. 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 Meeting Room, regarding the construction of a 531 multi family dwelling unit at the above address, also kno~m as Wiggins Pass Landings. We will be unable to attend this meeting; but, based on the very limited information provided, we must register our opposition to any such development. The property we ow~ is at 509 Roma Court, which is directly opposite the proposed site on the Vanderbilt Dr. sid,. /'he scope of this development would, among other things, treat, a s~vere traffic problem to an area that cannot deal with further traffic congestion. In our opinion, the area cannot accommodate 531 units, which translates into approximately 1500 people. This would raise serious zoning questions, not to mention environmental issues and severe beach overcrowding. We would like the record to ~how our unequivocal opposition to this development. Very truly, MAR 1 0 199 MAR 1 0 1998 UNIT 501 B MARTIN V. B. BOSTETTER, JR. 11116 GULFSHORE DRIVE NAPLES FLORIBA 33963 941 598 1403 ~o,~6 s~-~'~c~anuary 7, 1998 County Current Planning Section Development Services Building Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Re: PUD-97-18(RN) T/B/K Wiggins Pass Landings Planned Unit Development Dear Commissioners: I am the owner ofproperty at 111.16 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. MV ~~V~ By yours, MAR, 1 0 1998 p~. ,,~ 0. ~AR'I 0 1998 COMML~'ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIV/SiON . CUkRENT PLANNING Dece:nDer 23, 1997 Dear Property Owner: ~SO0/iDB.TH HORSESHOE DRIVE " This is to ad?i:e you that you own property located within 300 feet of the · following described proper~y and that a p,aDlic hearing will be t~eld by the. Collie- County Planning Co==aission of Collier County, Florida', at 8:30 A.M~, Thursday, January 15, 1998, in the Board of County Co~=~issioners M~eting. Room,. 3'~ Floor, A~ini~:ra~ion Building, County Government Cen~er, 3301.Eas~ '"'~ T&miami Trail, Naplea,'Florida, to consider: r~presen~ing $igna:ure Cormmun~ties, Inc., re~l/estin~ a r'ezone ~nm--' ' ~ '~' , and Lots 1 thru 4, Block 1, Wiggins Pass Landing~ Unit ~% ~{ /' Addition, in Section 20, Township 48 SouEh, Range 25 EasE, .. cunsisting of 88.5 acres, more or less. ' ' Ron ~ino January Development Services Bfdg, 2~00 North Horseshoe Priv~ East Nap~¢s, F~orida 3410~ 1998 I am writing i~ ~esponse to your ~etter of Dec 23, 1997 in regard to Subject of th~ meeting described above: PUD-97-18 IRNIKaren Bishopric. I hope ~h~ the Pro,re making a decision on ~his Property, the Size of & the Loca~io, of Buildings o. it, $ E~ances ~ Exits to it, wi~ come & take a ~oo~ a~ the ~oca~io~ so ~hey can understand the Reasons for the fot~owi~g comments: crowded Road with only one Lane each way ~ no possibility of expansion b¢cause of the B~uebi£~ Ave ~{ridge. Vanderbi~t Drive~s 4 Lane 2. Infrstructure from 41 to Vanderbi~t Drive should be widened to 4 BEFORE a Project of the size being proposed as Wiggins Pass Landing~ P~annrd Unit D~ve~op~ent for 550 mu~ti-family units begins cons~ruc~io~ are a~rea~y ~ots of P~op~e who walk ~ bike a~ong this rout~--to th~ Sc~o Park, ~ Church in the btock~ c~ose by $ ~ith aZZ the PeopZe in this devetopment, there wi~t be a tot more to think o~ Safety ~o~. 3. A Sto~ Liqht must ptea~e be insta~ed at B~uebi~t ~ Vanderbitt Drive Be sure a;~y TALL Buildings in this Project are--Incfudi; under the~, only as ta~ as those already built a~ of ti and ~ocated within one hatf ~Ze o~ thi~ proposed Proje~ and mg Ne~hbo~ ~it~ ~reatty appreciate gout co,~iderat r~ol ~< Cl ORDINANCE NO. 98- AN ORDINANCE ~MENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COI4PREHENSIVE ZONING REGULATiO~:S FOR THE UNINCORPOPATED AREA OF COLLIER COUNTY, FLORIDA BY ~ENDING THE OFFICIA/, ZONING ATLAS MAP NUMBER 8520S; BY CHAJgGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RMF-6, P~F-12ST(6) 331D RMF-12(6) TO "?UD" PLANNED UNIT DEVELOPMENT KNOWN AS THE DUNES FOR A MIXED RESIDENTIAL DEVELOPMENT, LOCATED ON THE NORTHWEST CORNER OF 111?" AVENUE NORTH (BLUEBILL AVENUE - ALSO KNOWN AS C.R. 846) ;tND VANDERBILT DRIVE (C.R. 901), FURTHER DESCRIBED AS LOTS 1 ?HRU 10, BLOCK 1, ALL OF BLOCK 2 A/gD LOTS 1 THRU !6, BLOCK 3, WIGGINS PASS LANDINGS UNIT *1, AND LOTS 1 THRU 4, BLOCK 1, WIGGINS PASS IJbNDINGS Unit ~1 ADDITION, IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 88.5 ACP£S MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Services, Inc., representing Signature Co~nunities, Inc., petitioned the Board of County Commlssioners 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: SECT!O:: ONE: The zoning classification of the herein described real property located in Section 20, Township 48 South, Range 25 East, Collier County, F!orlda. is changed from RM.F-6, RMF-12(6) and ~{F-12ST~6) to "PUD" Planned Unlt Deveicpment in accordance with The Dunes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nun%bet 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 Department of State. MAR I 0. '1998., po. - PASSED AND DULY ADOPTED by the Board of County Corznissionexs of Collier County, Florida, this -- day of , 1998. BOARD OF CO~{TY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency M. Sfu~ent' Assistant County Attorney -2- MAR 1 0 ~98 .o. A4- ] THE DUNES A PLANNED UNIT DEVELOPMENT ~£GULATIONS AND SUPPORT'lNG MASTER PLAN GOVERN'lNG TF~OUNES. A PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF ThE COLLIER COUNq"Y LAND DE~LOP~$EN~' CODE PREPARED FOR: SIGNATURE COMMUNTI'IES. INC. PREPARED BY: PMS. INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUFI'E ~X~ NAPLES. FLORIDA 3,~ 103 DATE REVIEWED BY CCI~ DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CONT'E~ LIST OF EXHII31TS STATEMENT OF COM?LLAuNCE ~.,_CTI 0 N 1 PROPERTY OWNERSHIP. LEGAL AND GENERAL. DESCILIP'I'ION PROJECT DEVELOPMENT ~.E C'I'I o N j RESIDEN'I-/AL DEVELOPMEN'T AREAS SE£TION 4 PRESERVE DISTRICT $.F~TION ~ GENERAL DEVELOPMENT COMMITMENTS EX~IIBIT '%" PUD MASTER PLAN PAGE iii iv I-1 Lhrough 1-2 2-1 through 2-5 3-1 through 3-3 4-1 through 4-2 5-1 through 5-6 MAR 1 0 1998 LIST OF EXHIBITS EXHIBIT #A PUD Mas~ Plnn MAR 1 0 1991] STATEMENT OF COblPLIANCE The development of approximately 88.55 ~cres of prol.,er~y in Collier County as a Planned Unit Development to be known as The Dunes will be in cotnpliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The Dunes is to be a multi-family residential and asso':.iated recreational use project that will be consistent with applicable elements of the Collier Growth Management Plan for the following reasons: Traffic ways, utilities, and other public facilities necessary to sen,'e The Dunes project are adequate. The Dunes will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. The Dunes project will be compatible with and complimentary to existing and planned land uses in thc vicinity. Project lands lie in a transition area which includes Iow-rise residential development and high-rise multi-family development. The property was down zoned during the Zoning Re-evaluation Process which resulted in an action establishing RMF 6 and RMF 12 (6) zoning districts essentially establishing a density of ;ix (6) dwelling units per acre and mixed residential land uses, The property contains a gross acreage of 88.55 acres and based on a density of six (6) dwelling units per gross acre. the PUD provides for five hundred and thirty one (531) dwelling units. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. Development commitmen'~s contained within this PUD will ensure that development of the suSject property will proceed in a manner consistent with applicable elements of the Growth Management Plan. SHORT TITLE This ordinance shall ~ known and cited as the "FHE DUNES PLANNED UNIT DEVELOPMENT ORDINANCE". MAR 1 0 1998 SECTION I PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION 1.I PURPOSE The purpose of this Section is to set forth the Ioc~.tion and ownership of the property, and to describe the existing conditions of the properD, proposed to be developed under the project name of THE DUNES. 1.2 LEGAL DESCRIPTION All land (lots and dedicated areas) descnbed in and made subject to the plats of Wiggins Pass Landings Unit I a.s recorded in Plat Book 10. Page 44. of the Public Records of Collier G~'v. Florida and Wiggins Pug Landings Unit I Addilion as recorded in Plat Book 10, Page Public Records of Collier County, Florida. 3..VJegi~ Pass Landings Unit 1 Beginning at the Southeast comer of Section 20, Township 48 south. Range 25 east. Collier County, Florida. run N 89%52' 20" W, along the South line of said Section 20. for 2053.75 feet. to the point of beginning of Baker-Carroll Point. as recorded in Plat book 8. page 42 of the public records of Collier County, Florida: thence run N 0%14' 00" W. for 1698.90 feet: thence run N 34%26' 15" E. for 439.48 feet: thence run N 87%48' 03" E. for 1481.48 feet: thence run 5 02% 12' 00" E. for 163.'77 feet: thence run N 87%48" 00" E. for 250.00 feet. to the East line of said Section 20; thence run S 02%12' 00" E. along said East line for 1970.19 feet. to the point of beginning, also le~ and except the South. erly 1298.93 feet of the Easterly 649.46 feet thereof: less and except the Southerly 90.00 feet and the Easterly 50.00 feet thereof for highway purposes. A subdivi':ion of the Southerly 129,5.93 feet of thc Easterly 649.46 feet of Section 20 Township 48 south. Range 25 east. Collier County, Florida. less the Easterly 50 feet thereof and less the Southerly 90 feet thereof, containing 16.65 acres. PROPERTY OWNEILSItlP A.L Dougherty Co., Inc., a Delaware Corporation. Ray Heller. Hal Panenheimer. Floyd J. Ramm. Dale L. Rish. and David L. Brennan. as trustees of Delnor N'eptune Properties, per De:laration of Trust under Ohio law. Delnor Enterprises Unit 11 Partners, an Ohio General Partnership. Delner Towers Unit 9, Inc.. an Ohio Corporation. 1-1 MAR 1 0 1998 1.4 ^. GENERAL DESCRIPTION OF PROPERTY AREA Th~ project, site is located in thc northwest quadrant or the intersection of Blucbill Avenue and Vanderbilt Drive. and is bounded on the West by the Baker-Carroll Point Subdivision Plat as recorded in Plat Book 8 Page 42. of the Public Records of Collier County. Florida. Thc progn:rty is bounded on the North by jurisdictional wetlands, on thc East by Vanderbilt D'rive. and on t.he South by Bluebill A,,enue. !.5 PItYSICAL DESCRIPTION The project ext,-nds ce.st from Baker-Carroll Point on the West and includes part of the manmad wat¢~,'ay on the West, to mangrove forests, to a beach dune vegetated with scubby Pine flatwoods. ,Natural drainage of the upland porqon of the property is westerly and northerly into wetlands which border tidal waters. Water management for the project will be the constructed water storage ~. either lake or crea~d wetland marsh type. or a combination of the two. Sion waters which exit the storage areas will do so via one or more control structures which are authorized as a p~,"t of the Water Management i:~rmits issued by Collier County and the South Florida Water Management District. Topography within the project is vax~¢d, ranging from level to 12~ feet above ua level. The entirety of the site. except for the mangrove fringe along the West bounda~,' of the proper~y, lies within Flood Zone AE (EL 11 ') according to FIRM Pane 0189E. Soil types within the project include Basinger Fine Sand. Durbin and Wulfert .',.lucks. and Urban Land Satcllite Complex. The Dunes project will be a multi-family residential and recreational facilities cornmunitv whicl~ will be developed with a maximum of 531 dwelling units. The buildings shall not exceed a height of one hundred and twenty-five (i 25) feet above the Mean flood Elevation established by law as illustrated on the Master Plan. !-2 MAR 1 0 1998 SECTION II PROJECT DEVELOPMENT 2.1 22. 2.3 PURPOSE The purpose of this ,.cction is to generally describe the projec~ p]~ of development, relationships to applicable County ordinances, thc respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Development of The Dunes shall be in accordance with the content of this Planned Unit Development document and applicable sections of thc Collier County Land Development Code: a~d Growth Management Plan in effect at the time of issuance of ~a~,y development order.lt~lllas but not limited to Final Subdivision Plat. Final Site. Development PLan. Excavation Perm] Preliminary Work Aulhodzation. to which such regulations relate. Where these rcgulatiot~to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building perm{t application. All conditions imposed arm all graphic material presented depicting restrictions for thc development of The Dunes shall become pa:"t of the regulations which govern the mar, ncr in whicl the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, retnain in full force and effect with respect to the development of the la.nd which comprises this PUD. E. Development pcn'nitted hereby will be subject to concurrency review under thc provisions of Division 3.15, Adequate Public Facilities, of the LDC. DE,SCRIPTION OF PROJECT PLAN AND PROPOSED LAHD USES A. The project Muter Plan. including layout of streets and use of land for the various parcels, is illustrated graphically by Exhibit "A", the PUD Master Development Plan. The nature and cxten' of land uses within the project is indicated by the following iai: lc: 2-1 1 0 1998 JM_,kXIblLIM LAND USE INTENSITY SUMMARY USE blAX. D.U,'s fi, CRES Resi::lential 531 85.55 Open Space @ 60% 53.13 (Lakes. Man made waterways. Preserves, Landscape Buffers & Recreational Areas) 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Fo Prior to the recording of a Record Plat, and/or Condominium Plat all or pan of the PUD. final pla~'~s for all required improvements shall receive approval of the appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, the Collier County Land Development Code. and the platting laws of the State of Florida. if applicable. Exhibit "A". the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Sulxtivision Plat, if applicable. '~hall be submitted for the entire area covered by the PUD Master Plan or ahernatively for portions or phaxes of it ~ developed. Any division ol~ land and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code. and the platting laws of the State of Florida. ~ provision,~ of Division 3.3 of' the Collier County Lxnd Development Code, when applicable, shall a!~ply to the development of all platted tracts or parcels of land as provided in ':aid Division prior to the i.,s,Jance of a Iv.~ilding permit or other development order. T'ne development of ~y tract or parcel approved for residential development contemplating fee simple owne~hip of land for e~ch dwelling unit shall be required to submit and receive approval of a Prelimirma3, Subdivision Pla~ 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 Subdivision Plat for any such portion of' the tract or parcel. Utility. road. public, private, easements shall be established ax required during the SDP and/or pla~ approval process. Appropriate insLrumenm will be provided at thc dine of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2-:2 MAR 1 0 1998 2.5 blODEL ttOME~CdSALES OFFICES Mctel home, sales centers and other uses and structures related to the promotion and sale of real estale such as. bu~ not limited to. pavilions, viewing platforms, gazebos, parking areas, tents, and sigva, shall be pc. rmitted principal uses through~ut The Dunes Community subject to the requirements of Section 2.6.33.4 of the Collier County Land Development code. 2.6 AMENDMENTS TO PUD DOCb,'MENT OR PUD blASTER PLAN Amendments may be made to this PUD Ordimznce as provided in the Collier County Land Development Code. Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR CO~!MON AREA M,klNTENANCE Common area maintenance will be provided by ii Master Property Owners' Association to be c~ by the developer. The property owners' association shall be responsible for thc operation, m~untc~nnd management of the surface water and stormwii~cr management systems, and pre.sen'es serving The Dunes Community, in accordance with the provisions of this PUD. together with any applicable permits from the Florida Department of Environment~! Protection. U.S. Army Corps of Engineers. and South Flocida Water Management Diswict. 2.8 LANDSCAPE BUFFERS. BERbl, FENCF-~ A.ND WALLS Landscape buffers, berms, fences, and walls are gencr211y permitted as a principal use throughout The Dunes Community. The following standards shall apply: A. Landscape berms shall have thc following maximum side slopes: Grassed bcrms 4: I Groc,xl covered bcrms 3:i Rip-Rap ben'ns 1: I Su'ucrural walled berms - vertical Fence or wall maximum height: six feet (6), as measured from thc finished grade of thc ground at the base of the fence or wnli. Foe the c~zxsick:red ~ t:¢ no greater th~ eighteen inche~ (i 8") iibove the highest cnv#n elevation of the nearest existing road unless the fence these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:l or less. and shall no~ exceed four feet (4') in t~.ight from the top of berm elevation for berrns with an ave;age side slope of greater than 4:1 (i.e. 3: Community PUD boundary prior to sulxtivision plat or site dd such areas must be included in a landscape buffer easement oi Landscape buffers, berms, fcnces and walls may ~ constr~cted alon~ the ~rir-~.,.r fir'mi reco~ed instrument. 2-3 , IAR 1 0 1998 2.9 DESIGN GUIDELINF~ AND STANDARDS The establishment of a Planned Unit Development is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large trac:x of land under unified ownership or control, as set forth in the Collier County Land Development Code. Section 2.2.20.1. The D~ncs Community is planned as a private, function~ly interrelated community under unified control, to be developed over an extended time period. The developer will establish community-wide design guidelines and standard~ to ensure a high and consistent level of quality for community features and facilities, which include items such as landscaping, hardseape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement tr~-atments, roadway medians, fences, walls, buffers, berms and other similar facilities. The Developer will achieve ;he -%ore objectives by means of recorded covenants, conditions, and resmictions. 2.10 GENERAl, PERMITTED USES Certain uses shall be considered general permitted uses throughout The Dunes Community PUD except in the Presecve District. General permitted uses are those uses which generally serve the Developer and residents of The Dunes Community and are typically pan of the common infrastructure or are considereC community facilities. ^. General Permitted Uses: Essential services as set forth under the Collier County Land De. velopment Code. Section 2.6.9.1. 2. Wa~c- management facilities and related structures. Lak~ including lakes with buLk.beads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Neighb, xhood parks, re. creational facilities and community centers. Temporary. construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways. parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. Any other use which is comparable in nature with the fore Development Services Dir,:ctor determines to be. comp:~til 2-4 ;oing tl~~ lC. 1998 B. Development Standards: Unless otherwi~ ~t forth in this document, the following development standards shall apply st.t"uctu r~s: Setback from back of curb or edge of pavement of any road - Fifteen feet (I 5') except for guard houses, ga',ehouses, and access conu'ol structures which shall have no required setback. 2. Setback from property lines - Twenty (20') feet. Minimum distance oetween structures which are part of an architecturally unified grouping. Five feet (5'). Minimum distance between unrelated structures - Ten feet (10'). Minimum floor area - None required. 7, Minimum lot or parcel area. None required. Sidewulks. bikep:,ths, and canpa~hs may be placed within County required buffers: however thc width of thc required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land u~s where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. 2.11 OPEN SPACES REQUIREMENTS Thc PUD Master Pl:.n identifies approximately 53 acres included in the Recreation. Landscape/Open Sp~e. 'Lakes and Pm~;erve District designations. These areas fully satisfy the open space requirements of Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2-.5 EAR 1 0 1998 3.1 PURPOSE SELl'ION III RESIDENTIAL DEVELOPMEN'T ARE. AS The purpose of this Section is to establish land u.~ regulations and ck-,.¢lcSm-,enr ~.,~a.-ds for the residential development areas indicated on Exhibit -A'. the PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS Thc maximum number of dwelling units permitted in the enm-~ PIdD t~ 53 I. 'rbe txope~, c:or~m a gross acreage of 88.55 acres and ba~ed on a d, er~iry of sex (6) dwelling uv-,~ ~ gro~$ ac-re. ~ PUT) provides for five hundred and thirty one {531 )d'~'elling ua/ts. This ,,~..-raon density consis:cnt with the Future L.md U~e Element o4 ~ Gro-~ th .Mamau::en"~nt Pl..re. Dismbuticn of thc dwelling units in the msiclential a:re~. ~$ no~ lXe-ck.-.erm~-~ authorized ,,'ia Site Development Plan approval. 3.3 GENERAL DESCRIPTION Areas designated "R' on thc Master Plan are designed to accommo, taze a full ranre of res:dent:al dwelling types, compatible nonresidential u~es, a full range of recreational fa,'ilit~'¢~, essential serv3ce~. and customary accesso~ uses. The approximate acreage of the "R~ district is indicated on ',~ PUD Master Plan. This a,."reage is ba.ra:d on conceptual designs and is approximate. Actual acreages of ali development tracts v, ill be provided at the time of Site Development Plan or PIelimina,D, Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2. respectively, of the Collier County ~ Development Code. Residential tracts arc designed to accommodate internal roadway.% open spa:cs, parks and amenity area& lakes and water ma~agerr, ent fc,:ilities, and other similar u.~-~ fcmrxl in residential areas. 3.4 USES PERMITTED A. ,t¥incipal Ugs I. Multi. family dwellings including garden apartments. 2. Single-family attached and townhouxe dwellings. 3. Public parking lot. B. Accesm~v Use~ I. U$es and structures customarily associated with princip: 2. f¥ivate boathouses and docks, subject to Sec. 2.6.21 of t Code. 3-1 Collier County Land Dev 1 0 opment Re~re,~xx~at ~clli~s th~ s~'v¢ ~ an inle~,xaJ p~.~ of ~ ~s~ntial devei~nt ~ have ~ ~~ ~w~ ~ ~ ~ a si~ ~l~nt pl~ ~ p~limi~ to clu~. c~mum~ c~ ~il~ng ~ tennis f~ilities, p~s. playgrounds ~4 pl~yf~ · .l. Recreational f~ciiities ~d amenities for use by residents of thc residential tracts. 3.5 DEVELOPMEN-I' STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District, Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in the time of Site Development PI,m approval. Unless otherwise indicated, required yards. and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. All yards, setbacks, etc. shall be in relation to the individual parcel boundaries, except as otherwise provided for by this document, or except as authorized via the Site Development Plan approval process. 3-2 MAR 1 0 1998 TFIE DUNF-.~ COMMUI~FI-Y DEVELOPM~.NT $'TA.NDARDS FOR TABL~ DEV'ELOPSiEN-r SINGLE FAIsLI LY ,MULTI- HIGH.RISE STANDARDS ATTACILED AND FAJ~IILY M ULTI.FAM TOWN}lOUSE DWELLINGS I DWELLLNG$ H P~rc~l L~ Area .Ml~irnurn Lol Width .s 20 150 N/A Front Ytr~ 20 '~ 23 0.5 BH Front Yard for Side Entry Gara~ l0 Side Yard 0 or .$ BH "' 0_S BH 0~i BH ReLr Yard PrlKIpt~l 20 BH BH Re=r Yard t Ac-.essory 10 15 15 R~r Yard '" 10 0.5 BH 0.$ BH Nlaxlmum BMg Height ': 33.a 45'~ 123' or 12 stories DtstJ,,ce Betwe~m Plfinclpal Structurt, i 0.3 SBH O.$ SBH 0.~ SBH Fh)or Are1 1200 SF IO00 SF 1200 SE Min. (SAr.) SECTION IV PRESERVE DIS'IRICT 4.1 PURPOSE The p'url:>crse of this Section is to identify permitted uses and development standards for areas within Tl'g Duncs Community designated on thc Master Plan as Preserve District. 4.2 GENERAL DESCI.?,IPTION Ar~as designated as Preserve on the Master Plan me designed to accommodate a full range of conservation and limited walcr management uses and functions. The primary purpose of the Preserve District is to retain visible naturally functioning wetland and xeric upland systems, to allow restoration ~ enhancement of impacted or degraded wetland systems, and to provide an ope ameniD' for the enjoyrr, en,, of The Dunes Community residents. 4.3 PERMITTED USES A~N'D STRUCTURES No building or structure, or pan thereof, shall be erected, altered or u~d. or land or water used. in whole or in pan. for other than the following: A. Permitted Principal Use,,, and Structures I. Pasaive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking. hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Unl:aved pedestrian paths in xeric uplands. Water management facilities, structures ~d lakes, including lake.,; with bulkhe~sds or od~r architectural tr~auncnts. Mitigation areas as provicl~d in the Cocohatchee Strand Restoration Plan and other applicable permit. 6. Utili:y lines in xeric uplands. Any other conservation ~usd telat~ open space activity or us~ which is comparable in natur~ with the foregoing uses and which ~he Development Services Director determines to be compatible in the Preserve Dis~ricl. 4-1 I AR 1 0 1998 4.4 DEVELOPMENT STANDARDS All structures shall .~t back a minimum of five feet (S') from Preserve District boundaries and ro,'u:Is, except for pathways, bo~'dwalks and water management structures which shall have no required setback. Lighting facili:ies shall be a.n'anged in a mar. ncr which will protect roadways and rcsidcmial pcopc,'",ies from direct glare or unreasonable interference. C. Maximum height of structures - Twenty five feet (25'). Minimum distance between principal structun:s - Ten feet (I0'). Minimum distance between accessory structures - Five feet (5'). Minimum Boor area - None required. -N ' Minimum lot or p,~rcel area , one required. Standards for parking, landscaping, signs and other land uses ,,,,'here such standards are not specified herein or within adopted The Dunes Community Design Guidelines and Standards. are to be in accordan:e with Collier County Land Development Code in effect at thc time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor ar~a s~ndards apply to principal structures. The Marginal Wharf shall be in compliance with thc Manatee Protection Plan at the time of final development order approval. PRESERVE AREA CONSERVATION EASEMENT A non-exclusive conservation easement or u'acl is required by Collier Coun'~y Land Development Code Section 3.2.~J.4.7.3 for hnds included in the Preserve Disu'ict. In addition to Collier County, ~, non-exclusive conservation cas:mcat may also be ,-equired by other regulatory agencies with jurisdiction over Pa:s-awe District lands. In addition to complying with provisions of the Collier County Land Development Code. s~id easement shall be provided in accordance with thc ~rrns set forth in any applicable permit g:mn~,d by ou's, cr agencies. The Mara~r l:~operry Owners' Association shall be responsible for conu'ol and maintenance of lands within ~e P~serve District. 4-2 1 0 1998 ,. 5.1 5.3 SECTION V GENERAL DEVELOPMENT COMMITMElWrS PURPOSE TT~purpo~of this Section is to.set forth the development commitments for the development ofthe project. GENERAL All facilities shall be constructed in stric: accordance with this PUD document, applicable Final Site Development Plans. Final Subdivision Plats, and all applicable State and local laws. codes, and rn. gulations applicable to this PUD. Except where specifically noted or stated otherwise, the standard,: ,and specifications of The Land Development Code, Division 3.2 shall apply to this project even if land within the PUD is not to be platted. The Developer. its successor and assigns, shall be for the commitments outlined in this document. PUD MAS'rER PLAN Exhibit "A". the PUD Master Plan. illustrates the proposed development and is conceptual in nature. Proposed tract. Io,~ or land use boundaries or special land use boundaries, shall no~ be construed to be specific and may be mcxlified during the platting or site development plan approval process. Sub.kct to the provisions of' Seoion 2.7.3.5 of thc La. nd Development Code. PUD amendmems may be made from time to time. All necessary casements, dedications, or od)er instruments shall be granted to insure the continued q:m'ation and maintenance of all service utilities and all common areas in thc project The following' ';hall be considered minor changes ~ refinements. Rcconfiturafion of pit-'se, rye areas, jurisdictional wetland limits, and mitigation features as a result of r~gulatooy agency review. R,:configunuion of lakes, ponds, canals, or other water managen,m~t facilities wher~ such changes ar~ consistent with the criteria of the South Florida Wa:er Managen.em Disn'ict and Collier County and where there is no further encroachment into prtserve m'ca~ Internal n:aligrtrnent of rights-of-way other than a relocation of access points to the PUD. Reconfigu,"ation of residential parcels when there is no encroachment into preserve areas. 5-1 MAR 1 0 1998 5.4 SCHEDULE OF DEV'ELOPMENT/~IONITORLNG REPORT A~ND SUNSET PROVISION Initiation of construction on The Dunes project is expected to occur in calendar year 1998. .Marketing of residential sites will began in calendar )'ear 1997. Construction is expected lo be concluded by n~t later than calendar year 2008. Monitoring Re. pon: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 POLLING PLACES P~muant to Section 2.6.30 at the Land Development Code. provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Co,an of Collier County. which shall be binding upon any and all succesmrs in interest that acquire ownership of such common areas including, but not limited to. condominium associations, homeo~mer associations, or community recreatirmtpublic buildings/public rooms or similar common facilities To be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.6 SUBDIVISION REQUIREMENTS AND STA.NDARD DESIGN SUBSTITUTIONS Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sac and local streets less than one thousand feet (1.000') in length ~c required to have :, minimum forty foot (40') right-of-way width and r.'n ten foot (10') wide travel lane; as required by Subsection 3.2.8.4.16.5. All oiher cul-de-sacs are required to have a minimum of forty, foot (40') right.of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All otk~:r local streets are required to have a minimum forty feet (40') right-of-way and two ten fi~t (10') wide travel lan~s as required by Subsection 3.2.8.4.16.5. Cul4e-sacs may exceed a length of fifteen hundred feet (1500') as required by subsection 3.2.8A. 16.6. Street grades may exceed four percent (4%) under Sub applicable Florida Department of Transportation. Man Standards (FDOT MUMS) and A.ASHTO ,sn'iteria are Tangents between reverse curves shall r,ot be required under Subsection 3.2.8.4.16.10. ection ~lllltl~.~l~-orovidett that al o f l.J~ff~l~um / '~t. 1 0 1998 5-2 5.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: Work. within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. Both northbound and southbound turn lanes shah be required on Vanderbih Drive. Turn lanes shall be in place and available for all phar, es of the project including initial construction..sales center operation and final occupancy. Bot,~ eastbound and westbound turn lanes shall be required on Bluebill Avenue. Turn lanes shall be in place and available for all phases of the project including initial construction, sales center operation and final occupancy. The applicant shall be responsible for the installation of street lighting at all project the dine of construction. Substa~tial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not ~ permitted to discharge directly in any roadway drainage system. All required improvements, excluding right-of-way donations for roadway segmenu specifically mentioned in the County's Five-Ten Year Work Plan. shall be considered "site related" as defined in Ordinance 92-22. as ~av, et,,ded` the Collier County Road Impact Fee Ordinance. and shall not be eligible for credit ~owa,"d ~ny ro~:l impact fees required by that ordinance. This stipulation specifically refers to sim-related turn lanes mentioned in Items C a.-xl D above. Go The a;,,,plic;mt shall contribute a fair share toward the cost of traffic signals at any project entrance or at the-int,:rsection of Vanderbilt Drive and I 1 lth Street. if and when deemed warramed by the County. Such traffic sign~s shill be owned, operated and maintained by the County. Ho Compensating right-of-way fca' mm lanes and median are~s shall bc dedicated by thc applicant to reimburse the County for the use of existing fight-of-way following the procedure authorized by Section 2.2.20.3.7 of thc Collier County Land Development Code. Such dedication shall be considered site related and there shall be no road impact fee credit to thc applicant. 5-3 I AR 1 0 1998 5.8 WATER blANAGEMENT The development of this PUD blaster Plan shall be subject to and governed by the following conditions: A. A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required prior to final construction plan approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. UTII.1TIES 5.9 The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection ~ transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution ;md sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Eo The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the projec':. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-e~:l mains shall include dead-end flushing hydrants. 2° Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. The utility construction docx:ments for thc project's ~werage system shall be prepared so that all ~wag: flowing to the County's master pump station is u'ansmitted by one (I) main on-site pump station, Due to the design and configuration of the master pump station, flow by gravity into the station will not be po~ible. The Developer's engineer shall meet with the County staff prior to commencing preperation of construction drawings so that all a:.pects of the sewerage system d, esign can be coordinated with the County's Sewer Master Plan. serve this project and reinforced as required, if necessary, consiste, Master Plan to insure that the District's water system can hydraulic quantity of water to meet the anticipated demands of the project ax committed capacity. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to IVLAR 1 0 ;998 5-4 The existing off-site s~wage transmission facilities of the District must be evaluated for the hydraulic capacity to ~erve this project and improved as requital outside thc project's boundary to provide adequate capacity to transport the additional waxtewater generated without adverse impact to the existing transmission facilities. 5.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Re~,,urce Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easern m~to~ll construction plans and shall be recorded on the plat with protective covenants per or sin Section 704.06 of the Florida Statutes. Buffers and .~.etbacks shall be in accordance with 3.2.8.4.7.3 of the Collier County Land Development Code. Buffers around preserved jurisdictional wedands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlarxts and surrounding buffers shali be incorporated in Conservation Areas which shall be platted. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site. with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and at~proval prior to final site plan/consu'ucdon plan ap!::~.oval' ' The Develope, t shall comply with thc guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. In the event the project does not require planing, all conservation areas shall be recorded as conservadort/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or az per Florida Statutes Section 704.06. A gopher tot'~oi~ survey and relocation / management plan shall be submitted to Current Planning Environmental Staff for review and approval prior t'~ final site plan/construction plan approval. A copy of the relocation/management plan shall be included on the final site plans/construction plans. 5-5 MAR 1 0 1998 5.11 ACCESSORY STRUCTURES Acccs.~)r,/structures shall be consu'uctcd simultaneously with or following thc construction of thc principal structure except tha~ temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like. may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or conse'uction activity which they are accessory to. 5.12 SIGNS All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of building perrrdt application. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Land Development Code in effect at the time of building permit application. 5.14 PROVISION FOR OFF-SIIE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the prOject site arc such that there is a surplus of earthen material, then its off-site disposal is aim hereby permitted subject to the following conditions: 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 ten percent (to a maximum of 20.000 cubic yards) of the total volume excavated unless a commercial excavation vermit is received. 2. All other prvvisions of said Division 3.5 are applicable. 5-6 blAR 1 0 1998 THE DUNES EXHIBIT 'A' PUD MASIER PtAN '" ~ I~AR 1 0 1998.. AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTiNG DISTRICT BY DELETING COUNTRYSIDE UNITS 1, 2 & 3 AaND ROYAL WOOD GOLF AND COUNTRY CLUB UNITS 1, 2 & 3 FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDiNG FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVDING CONFLICT ANT) SEVER. ABILITY; AND PROVIDING AN EFFECTIVE DATE. ~_I_Y~.: 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 deleting certain street lighting areas from the Collier County Lighting District. N' N NC. LQ,b2~D_F_.~IQi4S: Both the Countryside and Royal Wood developments petitioned, and were granted ~pproval by, the Board to vacate ingress/egress to their respective public rights-of-way. The issue of street lighting ',,,'as not addressed in these vacation requests, and lighting remained a public responsibility. Since the general public is not receiving any benefit from these street lights, the feeling is that they should not be a public burden. As a point of reference, when the City of Naples annexed those portions of Park Shore and Seagate Drive several years ago that contained County street lighting, the lighting was turned over to the City for maintenancc. ,EISa: The Collier County Street Lighting District Fund (760-162711) would be reduced by approximately 514,900 for Countryside Units 1, 2 & 3 annually, and approximately $4,600 for Royal Wood Golf and Country Club Units 1, 2 & 3 annually, if the Board approves amending Ordinance72-1. For Fiscal Year 1990, the County will receive $23,000 less revenue from Countryside, and $14,002 less revenue from Royal Wood Golf Course and Country Club. .G_I~OWTtt[ b_L~NA_G_F.,~F, XI_~~: None ,g,E_C_O~_I, ME~..iD_ATIO~: That the Board adopt the attached Ordinance, which amends Ordinance No. 72-1, as amended, by deleting Countryside Units 1, 2 & 3, and Royal Wood Units 1, 2 & 3 from the County-wide Street Lighting District. PILEPARED BY: '23"--' M aro ui/itJ2Lfl:L~S~fioLSecretary .. REVIEWED BY: __ . . ~ _ Da<dd-F. Bobanick, Transportation DireCtor REVIEWED B ~-:--~~r mk/122297/'F..S Countryside Royalwood Lgl&doc DATE: / - Z £- q ~" DATE: DATE: IUlAR 1 fl 1998 J ~,~. I I 1 ORDINANCE NO. 98- 2 3 AN ORDfflANCE AMENDING COLLIER COUNq' Y 4 ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED 5 THE COLLIER COUNTY LIGHTING DISTRIC'T BY 6 DELETING COUNTRYSIDE UNITS I, 2 & 3 AND ROYAL 7 WOOD UNITS 1, 2 & 3 FROM THE COLLIER COUNTY 8 L1GtITFNG DISTRICT; PROVIDING FOR INCLUSION IN '9 CODE OF LAWS AND ORDINANCES; PROVIDING I0 CONFLICT AND SEVERABILITY; ANq2) PROVIDING AN I I EFFECTIVE DATE. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF COLI.IER COUNTY, FLORIDA thai: 15 16 17 18 SECTION ON'E: AME,WDMENTS TO COLLIER COU'NTY ORDINANCE NO. 72-I, AS AMENDED Section One of Collier County Ordinance No. 72-1, as amended, is hereby amended by 19 deleting the following areas from the Collier County Lighting Dislricl: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 C~-m-,,w~').ide ~, 2 :r~--3-s4f~,-l¥~img-m~n4~4~l-ser.,ice ',:,'dng--.u-n,i: which i: more SECTION TWO: INCLUSION IN THE CODE OF LAWS AN~D ORDINANCES 45 The provisions of this Ordinance shall become and be made a pm of the Code of l.aws and 46 Ordinances of Collier County, Florida. The seclions o[ the C~dinance may be rcnumbered or 47 re-lctt,.:red to accomplish such, and the word "ordinance" may bc changed to "section", "article", or 48 any other appropr/ate word. 49 SECTION THREE: CONFLICT AND SEVERABILITY Words underlined arc added; words :',r.:z.k Ih,~.~,,. are deleted. In thc cvc-nl lhis Ordinance conflicls with any olhcr Ordinance of Collier Counly or olhcr ~pplicable law, thc more rcstricli:'c sh--,ll apply. ~f any phrase or portion of fl~c Ordinance is held invalid or unconstitutional by any courl of compclcnl jurisdiction, such portion shall be deemed a separate, distinct and independent provision and ,tach holding shall not afl'ccc the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with thc Secretary of Stale. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. Il 12 13 14 ~8 19 20 21 22 23 24 26 21 2g 29 3O 31 ATTEST: D'sVIGH'T E. BROCK, Clerk Deputy Clerk Approved as to form and legal su fG:iency: Thr~mas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · Chairman Words underlined arc added; words ~4~-~ arc deleted. EXECUTIVE SUMMARY AN AMENDMENT TO THE CODE ENFORCEMENT BOARD ORDINANCE (No. 92- 80) PROVIDING FOR NOTICE FOR CODE ENFORCEMENT BOARD PROCEEDINGS BY POSTING OBJECTIVE: For the Board of County Commissioners to consider approval of an amendment to the Collier County Code Enforcemea~t Board Ordinance to provide for notice for Code Enforcement Board proceedings by posting as an additional method of providing conclusive evidence of notice to alleged code violators. CONSIDERATIONS: Collier County Ordina,~ce No. 92-80, as amended, currently does not provide for posting notice at the property where an alleged violation exists as an additional method for providing notice to violators regarding Code Enforcement Board proceedings. Chapter 162, Florida Statutes, authorizes such notice. '[he amendment to the County Ordinance is necessavj to avoid any issue as to whcth~ the Count'./ Ordinance is more restrictive than the State Statute in regards to methods of notice. The proposed Ordinance Amendment (copy attached) has been recommended by the vote of the North Code Enforcement Board. 'l he South Code Enforcement Board has also expressed consensus zpproval of this amemdment per that Board's legal counsel, attorney Jean Rawson. The Code Enforcmnent Boards and staff support this amendment as an additional means of providing notice in cases where personal delivery or certified mail notice is difficult or impossible t,') accomplish due to thc unavailability of the alleged violator. In essence, Chapter 162, Florida Statutes, a,othorizea ',his amendment to provide that posting of notices of Code Enforcement Board proceedings at the property' upon which the violations are alleged to exist at~d at the front door of the cou~ house (,~"aen properly done with supporting affidavit and in addition to attempted persor~ or certified mail delivery of notice) shall be conclusive evidence that the notice requirements of Chapter 162, Florida Statutes, and the Ordinance have been met, without regard to whether or not the alleged violator actually received such notice. In this manner, the statute affords due p~ to alleged violators but aim allows for greater efficiency in the operation of the Code Enforcement Board by providing a method to accomplish notice in those cases where the alleged violators are very difficult or imposs~le to locate. FISCAL IMPACT: Staff believes that this amendment will reduce the cost which would oth¢.Twi.~ on newspaper advertising and/or [n'oce~ servers. Costs of posting are estimat Id to ~o~l~~.' notice compared to as much aa $1,000.00 per legal notice in the local newspaper. available for said purpose in fund number 111-189911. GROW'rH MANAGEMENT IMPACT: Funds are None. RECOMMENDATION: That the Board of County Commissioners review and approve the attached Amendment to the Collier Code Enforcement Board Ordinance to provide for notice for Code Enforcement Board proceedings by posting and that the Board authorize the Chairman lo sign said amendment. Prepared by: Chief Assist;mt County Attorney Reviewed by: Date David C. Weigel, C~unty~t~tomey Date AGENDA t,T,E:~ _p~. , O.. _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 ORDINANCE NO. 98- AN ORDINANCE AMENDING COLLIER COUNq~' ORDINANCE NO. 92-80 BY PROVIDING FOR NOTICE FOR CODE EN'FORCEMENT BOARD PROCEEDINGS BY POSTING; PROVIDING FOR INCLUSION IN. TIlE CODE OF LAWS ANq) ORDINANCES; PROVIDING AN EFFECTIVE DATE. WtIEREAS, on October 20, 1992, the Board of County Corm-nissioners of Collier County adopted Ordinance 1'4o. 92-80, known and cited as the 'Collier County Code Enforcement Boards Ordinance"; and WItEREAS, pursuant to Section 162.12, Florida Statutes, there are alternative methods of providing notices to respondents including posting notice at the proper~y upon which the violation is alleged to exist and at the front door of the courthouse; and '"WIIEREAS, the Board of County Conu'nissioners has determined that providing notice by pa.;ting is a beneficial alternative to the citizens of Collier County. NOW TttEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO,M'311SSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Section Four'teen of Collier County Ordinance No. 92-80. Section Fout~een of Collier County Ordinance No. 92-80 is hereby amended to read as follows: SECTION FOURTEEN: Notices, I. Ali notices required by this Ordinance shall be provided by certified mail, return receipt, requested, or by hand delivery by the director, sheriff or other law enforcement officer, Code Enforcement Official, or other pemon designated by the Commission or by leaving the notice at the violator's usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the ho.rice. 2. In addition to providing notice as set forth in Subsection 1 of this Section, at the option of the Board, notice may also be served by publication, as follows: (a) Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulatior, in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50. Florida Statures, for legal and official advertisements. AGENDA. ..... 1 (b) Proof of publication shall be made as provided in Sections 50.041 and 50.051, 2 Florida Statutes. 3 ciO. in lieu of publication as described in Subsection (2)(a) of this Section, such notice 4 may_be.._Lx>sted for ,at ].e. ast ten (10) days in at least two (2) locations, one of which shall be 5 the nroperty._,)knon which the violation is alleged to exist and the other of which shall be at 6 the front door of the courthouse. Proof of posting shall be by affidavit of the persoq 7 posting !he notice, which affidavit shall inclu.de a copy of the notice posted and the date 8 and places of its posting. 9 Notice by publication or posting may run concurrently with, or may follow, an attempt or I0 anempts to provide notice by hand delivery or by mail as required under Subsection I of this 11 SecBon. 12 5. Evidence that an attempt has been made to hand deliver or mail notice as provided 13 in Subsection 1 of this Section, together with proof of publication or posting as provided in 14 Subsection 2 of this Section, shall be sufficient to show that the notice requirements of this l_q Ordinance have been met, without regard to whether or not the alleged violator actually received 16 such notice. 1.'7 SECTION TWO: Conflict and Severability, 18 In the event this Ordinance conflicts with any other ordinance of Collier County or other 19 applicable law, the more restrictive shall apply· If any phrase or portion of this Ordinance is held 20 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 21 separate, distinct and independent provision and s,ch holding shall not affect the validity of the 22 remaining poriion. 23 SECTION THREE: Inclusion in the Code of Laws and Ordinances. 24 'i'he provisions of this Ordinance shall become and be made a part of the Code of Laws :25 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered 2~ or relettered to accomplish such, and the word 'Ordinance" may be changed to "Section~, 27 "^rticle', or any other appropriate word. 28 29 ' 30 AGENDA. IT. EM, 'l~ No. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Secretary of State. County, Florida, this 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 .54 55 58 PASSED AND DULY ADOPTED by the Board of Count), Commissioners of Collier day of . 1998. Attest: Dwight E. Brock, Cleric BOARD OF COUNTY COMMISSIONERS OF COLL!ER COUNTY, FLORIDA By: By: Appro~,ed as to form su fficiency: afl~llch - Chief Assistant County Attorney Barbara B. Berry, Chairman EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 97-100 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 97-!00 for a public nuisance. CONSIDERATION: On March 27, 1997 the Board of County Commissioners adopted Resolution No. 97-100 assessing a lien for a public nuisance in the principal amount of $725.00 on the property described as Lots 42, Block 2, Trail Acres, Unit No. 2 which is owned by Richard F. McCu!lough. On July 16, 1997 the County received partial payment in the amour',t of $525.00 and has accepted such payment as payment in full. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on March 27, 1997 by Resolution No. 97-100 re.corded in OR Book 2299, Page 1004 of the Official Records of Collier County, Florida. PREPARED BY: Constance A. John{,-6n Clerical Supervisor R~ED Vincent A. Ca;.rtero, Administrator Community Dev. and Environmental Svcs. This instrument prepared by: Heidi Ashton Of&=e of the County A~omey 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 FOR CLERK'S.USE ONLY Propert7 Folio No..77262_280002 SATISFACTION OF LIEN KNOW ALL MEN E,Y THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 97-100 against: Richard F. McCullough 255 Cocohatchee Rd NaCes, FL 34110 The lien was recorded on March 27. 1997 Official Record Book 2299, Page 1004, in the Ofdal Records Ofce of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Seven Hundred Twenty-Five dollars (725.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situa[ed in CoIlier CounT/, Florida, which property is described as follows: Lots 42, Block 2, Trail Acres, Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier CountT. Florida. .REFERENCE: 60313.013 #77252280002 Collier Ccunt'f. a political subdMsion of the State of Florida, by execution of this Satisfaction of Lien, ackno,,vledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk cf the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS '¢~{EREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfac!ion cf Lien, by action of the Board this day of , 1998. ATTEST: D~,~GHT E. BROCK, Clerk BOARD OF COUN'r'Y COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman I AR 1 0 1998 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 97-125 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 97-125 for a public nuisance. CONSIDERATION: On March 27, 1997 the Board of County Commissioners adopted Resolution No. 97-125 assessing a lien for a public nuisance in the principal amount of $245.00 on the property described as Lc, t 4, Block 252, Unit 7 Golden Gate which is owned by Katy E. Mullen Estate. On June 25, 1997 the County received partial payment in the amount of $145.00 and has accepted such payment as payment in full. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on March 27, 1997 by Resolution No. 97-125 recorded in OF, Book 2299, Page 1055 of the Official Records of Collier County, Florida. PREPARED BY: Constance A..Jot'c'son Cledcal Sup~:rvisor V~'ncent A. Cautero, Administrator Community D~:.:v. and Environmental Svcs. DATE: MAR 1 0 1998 J.- This instrument prepared by: Heidi Ashton Office of the County Atlorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No...3644.7400004 SATISFACTICJN OF LIEN KNOWALL MEN BY THESE PRESENTS: That l~e BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 97-125 against: Katy E. Mullen Estate % Donna AIAins, EXE 1234 White Oak Rd. Stamping Ground, KY 40379-9734 The lien was recorded on March 27, 1997 Official Record Book 2299, Page 1055, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five dollars (245.00). plus accrued interest and penalties, if any, and imposes certain obligation against real proper?! situated in Collier County, Florida, which property is described as follows: Lot 4, Block 252, Unit 7, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 143 of the Public Records of Collier County, Florida. R_EFF. RENCE~: 60905-052 #36447400004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cance!s said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of 1998. ATTEST: DW1GHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, BARBARA B. BERRY, Chairman MAR I 0 1998 EXE CUTI%q~ S U){MARY REQUEST TO ACCEPT AN ALTERNATE PERFORMANCE A}TD MAINTENANCE SECURITY FROM THE DEVELOPER OF HERITAGE GREENS OBJE CT i~,"E: To accept an alternate performance and maintenance security from the developer of Heritage Greens. CONSIDERATIQNS: On March 3, 1997, the Board of County Commissioners approved the final plat of Heritage Greens for recording, and entered into a Construction and Maintenance Agreement for Community Development Districts with the developer. The developer has provided an alternate agreement and a .performance bond in order tc have funds from the original, agreement released. The County Development and Environmental Services Section and the County Attorney's office have reviewed and approved these documents. FISCAL IMPACT: There is no fiscal impact to the County. GROWTH M~GE~FEI%~ IMPA~Ti The Waiver and Release relating conditional approval has been reviewed and approved by the County Attorney's office. RECOMMENDATION~ 1) To accept the alternate Performance and Maintenance Security. 2) To authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no certificates of occupancy are issued until the improvements have received preliminary acceptance. MAR 1 0 998 Executive Summary Heritage Greens Page 2 PREPARED BY: J R. Houldsworth Senior Engineer Date REVIEWED BY: Thomas E. Kuck Engineering Review Manager Donald W. Arnold Planning Ser-~ices Director Vincent A. Cautero, Administrator Community Development & Environmental Services Date Date Date 1998 FFI! PLES t~£ CO C OLt.,TJ:t CO CORI(~CRG\ ,.J CONSTRUCTION AN~ MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COM~lFNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION ~ND MAINTENANCE AGREEMENT FOR SUBDIVISIO~O IMPROVEMENTS OF CO~MUNITY DEVELOPMENT DISTRICTS (this "Agreement") is entered into this day of , 19 . by and among HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, an independent special district and body politic of the Slate of Florida (the "District"), HERITAGE GKEENS DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited partnership (the "Developer") and the BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (the "Board"). RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivision to be known as Heritage Greens (the "Plat"). B. Division 3.2 of the Collier County Land Development Code (the District and the Developer to provide certailO recuires the guarantees to the Bcard in connection with the construction of the improvements required by the Plat. C. The District and the Developer desire to provide the required guarantees to the Board hereby. NOW, THEREFORE, in consideraticn of the fcregoing premises and the mutual covenants hereinafter set forth, the District, the Develcper and the Board do hereby covenant and agree as follows: OPERATIVE PROVISIONS: 1. Re%~ired Improvements. The District will cause to be constructed: Those certain roadways, drainage and water management facilities and water and sewer utility facilities for Heritage Greens, and maintenance of littoral planting pursuant to Excavation Permit No. 59-2481, except those improvements within the golf course (collectively, the~ "Required Improvements"i. Subject to Paragraph 3 hereof, t R~ MARl01998 improvements will be constructed within twenty-four (24) months from the date of this Agreement. 2. Security for Required Improvements. A construction fund (the "Construction Fund") has been established by resolution of the District adopted on December 27, 1996 (the "Bond Resolution") from which the cost of construction of the Required Improvements shall be paid. The Construction Fund shall be held in the custody of a bond trustee (the "Trustee"). Proceeds of bonds authorized to be issued by the District pursuant to the Bond Resolution shall be deposited, at a minimum, in the Construction Fund as follows: $2,462,534.00 for costs of the Required Improvements (the "Construction Amount") and $246,253.00 representing ten percent (10%) of the Construction ~%ount (the "Reserve Amount") . The Reserve Amount shall be retained as a reserve in the Construction Fund pursuant to Paragraph 5 hereof; or District shall post with the Board a subdivision performance security in an amount equal to the Reserve Amount, or such lesser amount determined by County. In addition to the foregoing, proceeds of the Bonds shall be deposited with the Trustee to be held as capitalized interest which shall be sufficient to pay interest on the Bonds during the seventeen (17} month period following the issuance thereof. In addition, proceeds of the Bonds shall be deposited with the Trustee in the Debt Service Reserve Account established by the Bond Resolution in an amount sufficient to pay approximately twelve (!2) months of deDt service on the Bonds. There shall be sufficient monies in the construction fund to construct the required improvements and all other improvements authorized by the Bond Resolution, as well as to fund the Reserve Amount. 3. Construction of Required Improvements. -2- 1 0 1998 Developmen ~ Required ImprovemenSs. The Development Services Director shall not consider the Required Improvements complete until a statement of completion by the District' s or Developer's consulting engineers, together with the final project records related thereto, have been -3- MAR 1 0 1998 (a) Annexed hereto and made a part hereof as Exhibit A is a Construction Schedule relating to the RequiredO Improvements (the ,'Construction Schedule"). The District shall commence construction of the Required Improvements within sixty (60) days following written construction approval to the District from the Development Services Department and the issuance, sale and delivery of the Bonds (the "Commencement Period"). The District will pursue construction of the Required Improvements to substantial completion within twelve (12) months following the end of the Commencement Period (the ,'Construction Period"). (b) In the event the District fails to: (i) commence construction of the Required Improvements within the Commencement Period; or (ii) substantially completeO construction of the Required Improvements prior to the expiration of the Construction Period, upon written notice to Developer by the Board, Developer shall immediately become responsible for the construction of the Required improvements. The ckligation to construct the Required Improvements wi:~hin the Construction Period shall be a joint obligation of both the District and the Developer. Services Director's Preliminary Approval of furnished for review and approval to the Development Services Director of Collier County, Florida (the "Director") for compliance with the Code. Within sixty (60) days of receipt of the statement of completJ, on from the District, the Director shall either (a) notify the District or Developer, in writing, of its preliminary approval of the Required Improvements; or (b) notify the District or Developer, in writing, of his refusal to preliminarily approve the Required Improvements, therewith specifying those conditions that the District or Developer must fulfill in order to obtain the Deveicpment Services Director's Preliminary Approval of the Required Improvements. in no event shall the Board refuse Preliminary Approval of the Required Improvements if they are constructed and submitted for approval in accordance with the requirements of this Agreement. 5. Maintenance and Reserve ~oun~. The District or Deve!cper, as the case may be, shall maintain all Required improvements for a minimum of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the District or Developer and upon submission of a written request for inspection, the Development Services Director or his designee shall inspect the Required improvements and, if found to be still in compliance with the Code shall recommend approval to the Board. The District or Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Sums equal to the Reserve Amount shall be maintained by the Trustee on deposit in the Construction Fund, or as provided in Paragraph 2 hereof, District shall post with the Board a subdivision performance security, until the final approval of the Required Improvements. The 1 0 1998 7 ,'--~g~-- -- .... ~-,~ ~--'--~-~= - ..... ~ " --'~ · Board shall reflect its acknowledgment of such finding by notifying the District, in writing, of its final approval of the Required Improvements-O Upon receipt of notice of such final approval, the District shall no longer be required under this Agreement to maintain the Reserve Amount on deposit in the Construction Fund, or as the case may be, the Board shall release the subdivision performance security posted by District. in the event that during the inspecticn the Director fin~s that all or some portion of the Required Improvements are not in compliance with the Code, the Director shall promptly specify, in writing, to the District and Developer those deficiencies that mus~ be corrected in order to bring the Re.uuired Improvements into compliance with the Code. Unless the District has posted a subdivision performance security with the Board as provided in Paragraph 2 hereof, the District shall apply the Reserve Amount to pa,/ment of the cost of correcting such deficiencies. In the event the District fails to pursue such corrective action, or as provided inO Paragraph 2 hereof, the Developer _..=_i bring the Required Improvements into compliance with the Code. Upon correction of the specified deficiencies and written notice thereof, the Director shall again inspect the Requi~ed Improvements and, if fcund to be in compliance with the Ccde, shall submit such findings to the Board for its final approval thereof. In the event the District and Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrazor may 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, zursuant to public adv._~tisement aha receipt and acceptance of bids the -5- 1998 improvements required herein. The Developer 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 account of the failure of the District or Developer to fulfill all o{ the provisions of this Agreement. 6. Plat Recordation. The parties acknowledge that this Agreement is a "Construction and Maintenance Agreement of Subdivision Improvements" within the meaning of, and meetinu the requirements established Division 3.2.9 of the Code. The parties acknowledge and agree that following the Board's approval of the Plat: (a) The Developer shall not be enti~l_d to record the Plat unuil the Board receS'/es: (1) (2) Written notice from uhe Trustee that sums at least equal to the Construction Amount and Reserve Amount are on deposi~ in the Construction Fund (the "Trustee Notice"); Written notice from District and the Trustee that: (a) The projecc for which bond proceeds have been received b-z District includes the Required Improve~nents; (b) Such Bond uroceeds are sufficient to finance the Required Improvements as well as all other improvements to be financed by the Bonds (collectively "the Project") and to fund the Reserve Amount. The Trustee's representation -6- MAR 1 0 1998 (b) that funds are sufficient to finance the Project for which Bond proceeds have been~ received as well as to fund the Reserve Amount is based upon the District Engineer's estimation of construction costs which is attached hereto and incorporated herein; and (c) The project cannot be amended or changed without the'consent of the Board (the "Project Notice"). (3) A representation and warranty from the District that all governmental permits to enable the District to commence construction of the Required Improvements have been obtained ("Permit Warranty"); and Upon receipt by [of] the Board of the Trustee Notice, Project Notice and the Permit Warranty, Developer shall b~ entitled to record the Plat without further condition, other than payment of any related recording fees established by applicable law and the execution of the Plat by all required parties. 7. Liability. The County shall have no liability whatsoever to the bond holders. Neither the enforcement of the terms of this Agreement by the .County nor the failure to enforce such terms shall create any liability whatsoever to the bond holders, the District, or the Developer. Any disclosure document prepared by the District or Developer in the offering of such Bonds shall provide a statement as described above relating to the lack of liability of the County. -7- 8. Miscellaneous. Ail of the terms, covenants and conditions herein contained are, and shall be, binding upon the respective successors and assigns of the District, Developer and Board. By Execution below, the Trustee shall evidence its acknowledgment of and assent to the matters addressed herein. Any notice, demand, request or instrument autkorized or required to be given or made hereby shall be deemed to have been given or made when sent by certified mail, return receipt requested, to the appropriate party at their address set forth below: To the District: To the Developer: To the Board: With a Copy to: To the Trustee: Gary L. Moyer, District Manager 10300 N.W. !lth Manor Coral Springs, Florida 33071 A. Jack Solomon Ronto Developments Naples, Inc. 3185 S. Horseshoe Drive Naples, Florida 34104 c/o County Manager Collier County Government Center 330! East Tamiami Trail · =j_es, Florida 34112 Collier County Attorney Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 First Union National Bank of Florida Attn: Ms. Vivian Cerecedo 200 South Biscayne Blvd. Mismi, Florida 33131 caused this Agreement to representatives as of this SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ATTEST/~7 / District Secretary IN WITNESS ~EREOF, the District, the Developer and the Board have be executed by their duly authorized day of , 199 DISTRICT: HERITAGE GREENS C%.~JN, 1TY DEVELOPME .NT DISTRI~' By: " . <_ Ja~'M. Re~ders, Chairman -8- 1998 "--~ey L. Calhoun DEIFELOPER: HERITAGE GREENS DEVELOPMENT LIMITED PARTNERSHIP By: RO~.~TO~4~~PMENTS NAPLES, INC. ~R'~ Solomon, President ATTEST: B O~PJ3: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMiMISSION~RS OF COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and Legal Sufficiency. ~-.C.__David C. Wei~el Collier County Attorney Acknowledged and assented to: FIRST LFNION NATIONAL BA/qK OF FLORIDA as Trustee under the within-mentioned Bond Resolution Vfvia9 CereS, o Its: ~f C___~. r/LZ~ z jC. ~ Date: 2'heri%age\ccn~min.rev -9- 1 0 1998 .0 PERFORMANCE BOND BOND NO. - U 10203 KNOW ALL MEN BY THESE PRESENTS, that HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, (hereinafter referred to a~, 'Owner') and PREFERRED NATIONAL INSURANCE COMPANY of 210 Universit! Drive, Coral Spdngs, FL 33071, (hereinafter referred to as 'Surety') are held and fin"nl'f bound unto COLLIER COUNTY, FLORIDA, (here~aRer referred to as 'County') in the tctal aggregate sum of .'TW~) HUN._g~.ED FOR'FY.SIX THOUSANO' 'P/'/0 HUNORED FIFTY-THRJ~E & NO/I(~ g011ar~ (S~46.253 OO). in la.dui money of the Un,ted Stales, for ~,e payment of wh;ch sum well and truly to be made, we bind ourselves, our heirs, executors, administrators. SuccesSOrS and assigns, jo;arty and severally, firmly by these presents. Owner and Surety are used fo; singular or plural, as the conte~ requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for app- roval by the Board a certain subdivision plat nar'n~d HERITAGE GREENS and D, at certain subdMsion shall inclu-~e sp. eciSc imprcvemenls which are required by Co~; County Ordinances and Resolutions (hereina~er 'Land Development Regulations'). This obl~ga~ion of executed and shall continue until the dale of I~nal acc.~l~.nce by the Board cf Counh/ Commissioners cf ~e sp~c~c improvements described in ~he Land ~velcpment Regulations (hereina~er NOW, THEREFORE, d the Owner shall well truly and faithfully perform ~ls obl,gat~cns and dut~s in accordance with the Land Development Regu~at~cns du~r~ the guaranty peri~ estabhshed by the Count. a~d the O~ner shall satis~ all cta~ms and demands Mcurr~ and sha, fully indemn~ and save ha~ss Ccun~ ~rom and against all ~sts and damages which ~ may suffer by reason cf ~ne~s failure 1o do so. and sha~l r~mbur~e and repay lh~ Ccun~y all outlay and ex~se which the Coun~/ may incur in making go~ any C~fau'~:. then this obhgabcn s~ail be vmd. otherwise ~o rem~m m full for~ and PROVIDED FURTHER, Ihat the said Surety. for v~k.e received hereby, stipulates and agrees that no change, e:rtension c; ::me. atterahcn. ;~d~t,cn ct de;et,ca :~ the proposed specie improvements shall in any way affect its cbhgaJ,on on lh~s Bond. and il dc-es here~/ wa:,ie notice of any such change, extens=cn cf brae. alteral;cn, add*ben or delebcn to t,".e lcro~'csed sC,ed;ftc PROVIDED FURTHER, that ~{ ~s ex;.ressly a;ree$ =',aC :~e Bond shall be deemed amended automatm-.a;ly an~ ~mmed~a'.ely. w~thou: formal and separate art~,~Cmer;Ls l"ere~o, so as to bind :he Owner and the Sure.~/to the fujl and faithful performance in accordance w::3 l~e Lan3 Development Regulations The term 'Amendment'. wherever used in this E~ond. and whether referring lo this Bond. or c~her documents shall include any al:erabon a3d;:;on or modification of any chara~er whatsoever. SURETY reser,,es the r,ght to cancel its future cbhga'.~on under th~s Bond by giving the County s~xty days wqtten notice. (wa ce~f~ed mail) of ~s inle.'",l to canc~! In such evenL said cancellabon shall not reLeve Sure."/cf ~:s obliDatian under Ibis Bond pnor to the effec:,'v.~ da!e of such cancellation IN WITNESS WHEREOF, the c~rt;es hereto have caused this PERFORMANCE BOND to be execute:~ th;s n~nt_~h day of J.~ant_._?a__~. 1 g.~8. Heritage Greens Comrr ~rnent District MAR 1 0 1998 Owner's Acknowledgment State of Florida County of Collier On this /2- ~ day of ~ 19 c~ ~' appeared before me 3",4,-',(~' , to me known and known to be the ~/R"/4,.,,'1,,~,-¢¢ of ~.~.~'('~ ~ Co...,.. , t,,,t ~ ~,-~'~,1~' , hereinbefore describ~ed %s Owner in the P&rform~nce Bond, and acknowledged that he has executed this document in his corporate capacity. _ i1:.-.2~-,~.4~/., s~.s: ~. ~o I1 ' My commission expires_ / . Surety Acknowledgment State of Florida County of Collier : appeared before' me ~¢~ ~.! iL-'~u ~ ~ ~ ~ / ~ ~e known and knOWn to be the ~~ ~-,¢ /~¢~ ~Ac ~ of ~~E~,h ~ ,¢~ ~,:~z¢~c~ ~), , hereinbefore described as Sure~ in the Pedormance Bond, and acknowledged that he has executed this document in his ~pacity as Power of Attorney. Not~w ~~ ............ My commissio~xpi(~_ ~,~ ..... 1998 Preferred National Insurance Company Coral Springs. Florida POWER OF ATTORNEY Stephen WeichoIz, President, and Scot1 We;cholz. Secretary. in pursuance of authodr! granted by Article XI, Section I & 2 c~ the By-Laws cf said Company, which reads as ARTICLE XI, SECTION 1 - The Chairman ol Ibc Board or Presiden( or any Vice President or Secreta~ shaII have power and authon~ to appoint A~omeys-~-Fact, and to authorize them to execute on behalf of the Company, and attach the seaJ of the Company thereto, bonds and undertakings. reex~niza~ce$, contracts of indemnity and other writings obfigatory ~n the nature thereof. ARTICLE XI. SECTION 2 - The signature Ce~fication thereof authorizing the e~ecut[on and del?very o[ any bond, und~r'.:*king, reco~niz3rt..e, or other suretyship obligatJor~ of the Company, and such s~r~ture and seal when so used shall have the same force and effe~ a.5 though rl~nua.qy fixed. Does hereby nominale, constitute and appoint Randy Burnley its true and lawful atlcrre/, Ion it and in its name, place, and stead In exec~e on behalf c! ~ said Company ~s sureb/. ~ boa(Is, undertakings and contracts ol surer,,sh;p i~ ~he a~un~ n~t to e,.ce~: Five Hundred Thousand Dollars (S500,000.00) Preterred National Insurance Company, as re~v[arly elected officers ct the Company at its office in Coral Spdngs, Florida, in their own proper per'so~s. The said Secretary does hereby cerl~fy that force. IN WITNESS WHEREOF, the said President and Secretarf have hereunto subscribed their names ar',d affixed the Cor'pcraSon Seal of ~e said Preferred National Insurance Company, Ibis t7th day cf Nove~nbe. t, 1993. - ",. A~EST: Preferred National Insurance Company STATE OF FLORiO~~e:*~ ) ss: .,. CI~ OF CORAL SPRINGS ) On t~-.is 17th day of NcvemCer, AD.. 1993. belore the st.,bs.:riber, a Nciaty P.a~.lic of the State of Florida. duly c. x3mmissioned and quahfied, came the a:cve named Presic~ent an<l Secretar/ol Preferred Nat~or. al Insurance Corer. any to me I:~.rsonally known to be the ind[v~du~s and o~icers desert, bed in and who executed Ihe preceding instrument, and they each aclc',owledged tre execul)on ol the same. and being by me dui7 sworn, severally and each for bit. sell de~:x~seth ar,~ saab. that tr, ey are :~e sa;d o~cers cl L'~ Compa.",y aforesa~, and that ',,'he seal aff~xed to :he preceed~r'.g instrurr,,ent is tho Corpc, rate Se~l ol said Company. an~ that :r,e Corporate Seal and Lheir signatures as such officers were du~y aff~xed an,~ su:.~:ribed to :.he said ~s!rcmenl by the au:nom"y and daect~cr: of lhe said Corpor3tion. IN TESTIMONY WHEI::EOF, I have hereun[o set rr, y hanc~ and affixed m'! Of'f, cial Seal, at the C;'ty of Coral Spdngs. ',.",e Cay ar.d year hrst atx)ve wdtl, en. ~,~a'," ,a~ OF~L NOTARY SEAL ! ~ ~ '~ CC 144201 z.c _~o'. ~.0 ,~v .:o~.,~,ss,o. -w~. Or~;O OCT. ll,lggS CERTIFICATE '0 1. ~,e uc. dersigned. Secrelar/of Preferred National Insurance Company. do hereby certify thal the original Power of Attorney of which the Ioregoing is a full. t."oe and corner1 copy. i~ in full force and effect on U':e dale of th~s certifY--ate: and I do further cerld7 that the PresiOent who executed the said Power of Attorney was s~.~.ial/-y au'.t'~r',zed by the Board ol Directo~ to appoint any Atlomey-in-Fact as prc, vid..ed in A~licle XI, Section 1 & 2 o! the By-Laws o! the Preterred National Insurance Company. This Cee. ificate may be s;gned by facsimile under and by ab-tt'~-ity cf the fO~1owing resofut~on of the Board ol Directors ol Preferre~ National Insurance Company at a meeting c!uly called and held on the 8[h day ~ Se.~ef3t~e...190_~.. .: ResoN, ed, Article Xl. Section, 2. 'thai the facsimile or mecha.",;~c~',iy ~e.prod~%,,d ~nature of any Secretary of the Company, whether made heretofore or hereaher, ~.he~ ever appearing upon a certified copy of ar~y g,c-,,~r Df all0rney :5.~'oe~ by the Company, shall t'.e valid and binding upon the Company with l~,e s~me force and effect as though manually affSxed' ' ' IN TESTIMONY WHEREOF. I have hereunto subt~:r:l::,ed my name sad aF.i~.ecl the Col'~3rate Seal o{ the said Corec)any. this q_~_h. ~- :. r,~ of 1 .......... d .a..r!Ue...5 Y ............................... ~9 9..~ .............. , I~¢.-PA- I01 (1 1998 EXZ. ,CUT! ,YE SUM~U~¥ REQIIEST TO APPROVE T}{E FINAL PLAT OF "COTTON GREEN" OBJECTIVE: TO approve the final plat of "Cotton Green", a sub,aivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cotton Green". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 cf the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Cotton Green" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $260,128.00 to be borne by the developer. The cost breakdown is as follows: a) Water & Se~er b) Drainage, Paving & Grading - $ 64,528.00 - $195,600.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development SeL-vices Revenue generated by this project: Total: $5,084.75 $5,084.75 and were paid in December, 1997 ~ MAR 1 0 199 Executive Summary Cotton Green Page 2 The breakdown is as follows: a) b) Plat Review Fee ($425.00 + $4./ac) Construction Drawing Review Fee Water & Sewer (.50% const, est.) $ Drainage, Paving, Grading (.425% const, est.)- $ -$ 469.00 322.64 831.30 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 967.92 Drainage, Paving & Grading (1.275% const, est- $2,493.89 GROWTH MA~NAGEME}~ IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Cotton Green" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. , 3) That no building permits be issued until the final plat is recorded. 1998 Executive Summapy Cotton Green Page 3 4) That the plat of Fiddler's Creek Phase lB, Unit Three is recorded prior to this plat being recorded. PREPARED BY: ohn R. HouidSworth, Senior Engineer Engineerin~ Review REVIEWED BY: Engineering Review Manager Donald W. Arnold ~" Se~;ices Director Vincent A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH:ew Date Date Date' Date MAR 1 0 1998 o: · MAR 1 0 1998 Document Prepared By Mark W. Minor, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this day of 1998 between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of Count'./Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: Cotton Green" Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: Developer will cause to be constructed v,'ater, sewer, storm sewer, roads, landscaping anti irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been complete& Upon completion of said improvements, the developer shall tender its subdivision performance security in the amount of S26,012.80 which represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary acceptance of said plat. t, AR 1 0 1998 The required improvements shall not be considered complete until a statement of sub.~tantial 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. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. ttowever, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one 3. ear maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the 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 final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue up. less or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may 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 and maintained, pursuant to public advertisement and receipt of 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 construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or cot, sequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of the Agreement. Ali of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. 1998 IN WITNESS WI~REOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this __ day of ,1998. Signed, Sealed a_nd Delivered in the presence of: 951 Land Holdings Joint Venture A Florida Joint Venture By: Gulf Bay 100, Ltd., a Florida Limited Partnership, a Joint Venturer (Printed or Typed Nayne) (Printed or Typed Name) By: Gulf Bay 100, Inc., a Florida Corporation Its Ge 1 Partner . Aubrey J./Ferra~ as Presid~nftand ~t Individually Attest: Dwight E. Brock, Clerk Board of County Conunissioners of Collier County, Florida Deputy Clerk By: Barbara Ben'3', Chairperson Approved as to fom'~ and legal sufficiency: David C.'Weigel Collier County Attorney F:FIDCREEK~C I 4 15 ~ 1 0 1998 ] ..._?,. 7 _ EXECUTIVE SUMMARY RECOMMENDATION TO PURCHASE PRE. FILTERS FROM THE GEORGE S. EDWARDS, COMPANY INC. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, authorize the purchase of Cuno Betapure Polyolefin filters from the George S. Edwards Company, Inc. CONSIDERATIONS: 1. The County's North Regional Water Treatment Plant, membrane softening facility, has utilized Cuno Betapure Cartridge Filters, since May of 1994. The usc of the Cuno Betapure Filters has resulted in a substantial cost savings realized through a reduction in the man hours required to clean and replace convential cartridge filters. Additionally, the life of the Cuno Betapure Filters has been significantly longer than convential filters. The cost savings has been approximately $18,000 per year, since converting to the Cuno Betapure Filters. 3. Staff recommends that the Cuno Betapure Cartridge Filters be specified as part of the standard operating procedure for this facility. 4. Cuno Betapure Filters are available only through authorized distributors. The George S. Edwards, Company Inc. is the only authori~d dealer representative in Florida. GROWTH MANAGEMENT IMPACT: None. FISCAL LMPACT: The fiscal impact will be in the amount of $27,500 per set of filters purchased. One set will be required this fiscal year. Funds are available in Water- North Plant Account 408- 253221-652990. RECOMMENDATION: The Water Director recommends, that the Collier County Board of Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, waive the formal bid process and authorize the purchase of one set of Cuno Betapure Pre-Filters from the George S. Edwards, Company, Inc. in the amount of $27,500. PREPARED BY: (~)~~..o~. . bby, Edward N. Finn, Interim Water Director ~ Ste ~e Carnell, Purcnasing Director V tOVED BY: c Ed Ilschner, Public Works Administrator Consent Agenda March 10, 1998 February23,199§ P.01~I Curio Incorpor~ed 400 Research, Pa~ce-ay, P.O. Bex 1018, Med~ CT 0~150,.I 018, U.S.A. Tetel:~:x~: ("Z03) 237-5541 Collier County FAX: 941-352-7020 FAX: 941-'/32-2526 De.~r Mr. Gm-ay: Thank you for your business and interest in Curio Filter Systems and ou~ Betapure filter elements. Betapure is a unique filter cartridge produced th.tough our exclusive patented process. Our bi--component fiber (polypropylene polyethylene - extruded, not melt- blown) processing provides a rigid, self-supporting, uniform depth filt~ ~dge that exhibi~ e~ceIlent filtration cbazacteristics especially to the w~t~r filtration applicatiorm wher~ Betapure cartridges can be backwashe, d for many filtration cycles. Long p~ life and constant efficiency over life provide our customer~ with lower totM filtration costs. Cuno sells its products through authorized distribution to provide lc, cai technical support and service. Cuno's authorized distributor far the mate of Florida is: O. S. Edwm'ds Co., Inc. 17834 N. W. 21xt St. Pcrnbrokc Pines, FL 33029 Tel: 9544324146 FAX: 9544354667 Con~t zmme: Patti M~tonna Please c~ll me if we can be of any fi.t..~er assistance. Si. ncet :I)', Sales Manager, Proc. z~ cc: Paul Maronna BK9802/jl Mr. Randy Graray Collier County North Regional Water Plant 8005 Vanderbilt Beach Road Naples, Florida 33964 Fax 941-352-7020 Cuno INCORPORATED 400 Research Parkway, RO. Box 1018 Meriden, CT 06450-1018, U.S.A. Telephone: (203) 237-5541 Dear Mr. Garay, Thank you for your business and interest in Cuno Filter Systems and our Betapure filter elements. Betapure is a unique filter cartridge produced through our exclusive patented process. Our bi-component fiber (polypropylene polyethylene - extruded, not melt blown) processing provides a rigid, self supporting uniform, depth cartridge that exhibits excellent filtration characteristics especially to the water filtration applications where Betapure cartridges can be back"washed for many filtration cycles. Long process life and constant efficiency over life provide our customers with lower total filtration costs. Cuno sells its products through authorized distribution to provide local technical support and service. Cuno's authorized distributor for the state of Florida is: G. S. Edwards Co., Inc. 17834 N.W. 21st St. Pembrooke Pines, FL 33029 tel. 954-432-4146 fax 954-435-6667 Mr. Paul Marrona Please calf me if we can be of any further assistance. Sincerely, CUNO, INC. Bruce Kennedy Sales Manager, Process Cc: Paul Maronna HAR 1 U GEORGE So EDWARDS COMPANY, INC. P. O. BOX 1000 SAGINAW, AT, 35137 PUONE: 205--620-3000 FAX: 205-620-3030 SENT TO: Collier County 1)ATE: 12-2-97 ATTN: Handy Cary PAGE 1 OF 1 PAGES FHOM; [(on Bra~her fo] :.laror:na RECEIYING FAX #: 941-35. Quote # OSE120297HB1 Curio Betapure AUaOi511N,S ~ -,'-, 40" long ~,-,.,z~ror, filter cartridge, with gasket. }~rjc¢ cash: Del]very: FOB: Terms: $ 23.81 2-3 weeks ARO shipping point, freight allowed net thirty days EXECUTIVE SUMMARY AWARD OF A CONSTRUCTION CONTRACT TO £NVIROGLADES INC. FOP,. PHASE VI, COUNTY-WID£ DITCH BAiNK CLEA2d]qG PROJECT, BID NO. 98-2776. OBJECTIVE: To receive Board approval and award of a construction contract for Phase VI, County-wide Ditch Bank Clearing, to EnviroGiades Inc. of Loxahatchee, Florida for $7.4,742.50 in accordance with Bid iq'o. 98-2776. CONSIDERATIONS: This project involves the clearing of undesirable vegetation, primarily Brazilian Pepper, that has the potential to severely restrict stormwater flow and maintenance access from ditch cross-sections and adjacent established maintenance travelways. Tim rapid spread of Brazilian Pepper in the County's Secondary Drainage system continues to be an on-going problem. Bids were solicited from 95 land clearing contractors. On February 5, 1998, a pre-bid conference was conducted for several contractors. On February 18, 1998, bids were received from 6 firms. EnviroGlades inc., submitted a bid of $24,742.50 for all 9 work sites. Staffs estimate for the same work was approximately $62,000.00. Staff contacted several references who highly recommended EnviroGladcs as a competent company who performs work in a timely and responsible manner. FISCAl, IMPACT: This is a budgeted item and funds in 001-172930-634999-0000 (Other Contractual Services) are sufficient to cover the $24,742.50 bid for this 6th phase of the County's ongoing ditch bank clearing program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Award Bid #98- 2776 for Phase Vi, Coun;y-wide Ditch Bank Clearing Project to £nviroGlade$ Inc. for all 9 Work Sites and (2) direct the Board Chairman to execute the construction contract. PREPARED BY: McNall Stormwater Management Coordinator REVIEWED BY: REVIEWED BY: Johr~-I. Boldt, 'P.E., P.S.M. Stormwater Management Director /'-' Stephen~. Camel Purchasing Depaameat Director APPROVED BY:~~ Ed Ilschner Public Works Administrator Date Date Date Date 4AR U 1998 om oo ~ EXECUTI_VE SUMMARY WORK ORDER TO AGNOLI, BARBER & BRUNDAGE, INC. FOR MAINTENANCE OF NAPLES PARK DRAINAGE PROJECT ASSESSMENT ROLL. OBJECTIVE: To obtain Board approval of Work Order No. ABB-FT98-5 ~,~,4th Agnoli, Barber & Bmndage, Inc. in the amount of $6,100 for preparation and updating the Assessment Roll for the Naples Park Drainage Project. CONSIDERATIONS: The Naples Park Drainage Project Assessment needs to be kept current to reflect parcel splits and/or combinations. The firm of Agnoli, Barber & Brundage, Inc. has submitted a proposal to: 1. Prepare Tentative Assessments (balance due) 2. Prepare Certificates of Correction 3. Prepare hard copy mark-ups of assessment computer server displays. This work will be performed as needed on the basis of time and materials required. FISCAL IMPACT: Funds in the amount of $6,100 available in Reserves for' Fund No. 226 1997 Naples Park Drainage MSTBU Cost Center No. 013010 Other General Administration GROWTIt MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Award Work Order to AL,,noli, Barber & Brundage, Inc. in amount of $ 6,100 and, (2) Authorize staff to process a Budget Amendment to transfer $6,100 from Reserves to cover the cost of this Roll maintenance activity. PREPARED BY: REVIEWED BY: Stormwater Management Director itchell , Director & Cost Center Director Date Date REVIEWED BY: ~~~e:~~ ~g~ Ed Ilschner Public Works Administrator n0..d/~.~...{,~.)~ I ~_ WORK ORDER# ABB-FT98-$ A~reement for Fized Term Professional Enllneerin~ Services Dated September 26, 1995 (Contract #95-2422) This Work Order is {'or pro{'essional cnginecrin~ services t'or work known as (Titlc~ Naclc$ Park Drsinaizc ln'Ll2Lovcmcnll (P,c~.~..n for Proicc~] Asscssmcn~ R~II ~aintcn~ncc Thc work is spcciRcd in Ibc proposal ~,tc4 ~nuar~ 8. 199~ . which is attached hereto an~ made a p~rt of this Work Order. In accordance with the Terms and Conditions of th: Agreement referenced above. Work Order ~ ABB-FTg~-5 is ~ssigncd to ~_A~noli. B,rbcr & Brund~tc. Inc, ScopeS[ Work: Task ]~ PreparcTc~tativeAssessments(Dalancc Due) Task2) PrcparcCer~i~ca~csofCorrectio~ Task 3) Prepare hard copy mark-upsoFasscssmcntcomputcrscrccndisplays ~chc~ulco~Work: Ccmplctc work by Scotcm~cr 30. ]991 ~cns,tio~ i. accordance with Article Five of thc A~rccmcnt, the County will compensate t~c Firm in accordance with Hmo and material imount provided in Schedule 'A" of the Agreement. S ~ (time ~ material) $ 1.372.50 (previous balance) TOTAL FEE ~~ Any ch~n~e wH~in monetary authority of this Work Order made subsequent to ~na[ department approval will be considered an additional service and charged accordinR to Schedule =A" of thc Agreement. PREPARED BY: ,lohn H. Boldt. Dirccter Name and Title , ,, Date Stc~/mwatcr Department Director 1-14-91 Date Type orP~intNam and Title Doc: F-44 ce'rt'~ce 1-14-Ht Date ['rot'c~lon~] enA{n¢¢r~, plJnner~ & hnd mr-.¢vor~ January 8, i 99g Mr. John Boldt, P.E., P.L.S. Director Collier County Water Management Division 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Naples Park Drainage Improvements Assessment Roll Maintenance ABB PN 7162-3/X001 Dear Mr. Boldt: At your request, Agnoli, Barber & Bmndage, Inc., is pleased to submit this proposal to render professional services for providing assistance to the Collier County Department of Special Assessment in their efforts to maintain the Property Assessment Roll for the Naples Park Drainage Improvements project. Agnoli, Barber & Brundage, lnc, hereinafter referred to as ABB, proposes to provide Collier County, hereinafter referred to as Client, the following professional services: I. SCOPE OF SERVICES A. Engineering Services m.l. Prepare Certificates of Correction, in a format acceptable to the Collier County Special Assessments Department, for each parcel split and/or combination, that occurs within the Naples Park Drainage Improvements Assessment District from October 1997 through September i998. A.2. Prepare hard copy mark-ups of Assessment computer screen displays that illustrate how the revised assessment screen should read upon revision of affected parcels. 2. ADDI'I1ONAL SERVICES AND EXTRA WORK Services not specifically included in Section l. Scope of Services will be performed as additional services on an hourly basis, plus reimbursable expenses in accordance with the Rate Schedule enclosed with this Agreement. Services arid fees provided in this Agreement are based upon governmental rules, regulations and policies in effect at the time of execution of this Agreement. Should changes take effect during the period services are being performed and result in additional ABB work requirements, this Agreement will be modified by approval of the om'ties. In addition ABB will ner~_ additional services beyond the work described within this Agreement as requested and authorized by the Client. When such work can be identified in advance, ABB will provide a reasonable estimate for such work and written authorization obtained. 3. FEES AND COMPENSATION A. Fnginee. xfngSer~ices. Compensation for work performed under Section 1.B shall be performed on an hourly basis plus rei~mbursable expenses. Our budget estimate for the work is ~ ($6~0) Dollars. RESPONSIBILITIES OF CLIENT ABB's performance under this Agreement is contingent upon the Client or others designated by the Client providing ABB with documentation from the Collier County's Tax Assessment Division regarding parcel splits and combinations ,.,,4thin the Naples Park Drainage Assessment District. We hope that tkis proposal satisfactorily responds to your request. If you have any questions, please do not hesitate to call. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. f' ,., . ! ,:,,," Daniel W. Brundage, P.E. President / Principal In Charge DWB/yo 01-001Y8.PRO /'rof~ssloGal fn~ln~t~, planners & i-nd COLLIER COUNTY WATER MGMT - BLDG H ATTN, E~OBERT WILEY, P.E.,JOHN BOLDT, P.E COLLIER COUNTY GOVERNMENT COMPLEX 3301 E. TAMIAMI TRAIL NAPLES, FL 33962 INV. DATE , 10/24/97 INVOICE # , 011050 PROJECT # , 7162-2 CLIENT REF, P.O.#503456 PREPARE TENTATIVE ASSESSMENT REG ENGR/PRINCIPAL SR REGISTERED ENGINEER TECHNICIAN III TECHNICIAN IV HOURS 24.00 1.00 .50 4.50 30.00 Total Pro3ect 7162-2 II- ,Ps-f7 AMOUNT 2,520.00 80.00 25.00 247..~ 2,~72 2,872.50 ~..C. COU~TS AP~ PAYAB. CE 9~qTPflN 15 DAYS Ued~.ESS SPECU&L ~k~NTS AJ~E MADE X S~F~'V'~C.~ CI.4.AF~E O~ 1 .S% P'ER I~eO~T'~ I~L~Y BE L,E'VIED ON O%'E~I.~ I. JNP/,~D ~M. AJ~CES. EXECUTIVE SUMMARY APPROVE READY MIX/CONCRETE BID #98-2773. D_II~.~XI~: To gain Board approval to award the Ready Mix/Concrete Bid #98-2773 to Schwab Ready Mix, Inc. and Krehling Industries, Inc. in the net amount of $22,000. C~Jt~..,~LI.Q~: The Ready Mix previously budgeted is necessary for the maintenance of sidewalks and bridges in various areas of the County. Invitations were sent out by the County Purchasing Department on Ja~mary 5, 1998 and opened on February 4, 1998. Attached is a copy of the Bid Tabulation Sheet for Bid ~.'98-2773. The bids were reviewed, and since neither vendor submitted a total cost package, staff recommends that the bids submitted by Schwab Ready Mix, Inc. and Krehling Industries, Inc., be awarded on an item-by-item basis. The~ items will be used by various departments within the County. Funds for the Ready Mix/Concrete are budgeted as follows: Road & Bridge Administration Fund (101 - 163620-653150) MSTD Road District 1 Fund (102-163641-653150) MSTD Road District 2 Fund (103-163642-653150) MS~D Road District 3 Fund ( 104-162643-653150) MSTD Road Dis.~-ict 5 Fund (106-163645-653150) $I,000 $6,000 $2,000 $8,000 $5,000 GROWTH MANAGEMENT I. MPA~: None ]I.F..,CX)~i~ZEh"D. AT_iQ~: That the Board of County Commissioners award Bid #98-2773 Mix./Concrete to Schwab Ready Mix, It~c. and Krchling Industries, Inc., on an item-by-item basis. for Ready p RE. PARE D B y ;~ v~-7 y~z,.a~3 ~ La~ry .enr/Y,~Vad & Bfi~upcfintendent Da~ F. Bobanic~ T~ns~tion Director St~hcn Y. Camell, Purcha~g Director ~E~D BY:~~ Ed Ilsc~er, Public Works Administrator DATE: 02279~/F3 R,~B Cor~.:rete Bid.doc HAR 1 0 1998 eB ULATION FOR #9~-~773 ady Mix Concrete' INVITATIONS SENT TO: 33 Vendors POSTING DATE: 1-7-98 OPENING DATE: 2-4.98 ~r..81n P,.~ 3:21 j VEeR I4~ . I ........ I ....................... 7 2'-'- ?L 2.'./~ ....~ ............. Prices fief Delivered Per Cubic Yard · . .. 1. 3000 PSI Pump Ready Mix Unit Cost per cubic yard 2. 3000 PSI Pump Mbo (Pea Gravel) Unit Cost per cubic yard 3. 3000 PSI Regular Ready Mix Unit Cost per cubic yard 4. 3500 PSI Ready MLx Unit Cost per cubic yard 5. 4000 PSI Ready Mi× Unit Cost per cubic yard 6. 400 to 500 PSI Flowable Fill Unit Cost per cubic ya:d Other Related Material 7. Super Masonary Cement Unit Cost per bag g. #3 Rebar 3/8" x 20' Unit Cost each 9. g4 Rebar 'A" x 20' Unit Cost each I0. #5 Rebar 5/8" x 20' Unit Cost each 11. Concrt'te Block 8 x Ii x 16 Regular Unit Cost et,ch 12. Concrete 'A Block g x g x g Unit Cost each s s s s s s · '--- $ $ 13. Concrete Brick 2 5/8" x 2 5/8" x 7 %" Red Unit Cost each $ $ $ $ 14. Mortar Stucco Mix 40lb Bag Unit Cost per 401b bag s s s s HAR I 0 lgg8 PG.. ~ VENDOR NAME Unit Cost per 40lb 16. 80lb Bag of Concrete Mix Unit Cost per 801b bag 17. Mason Sand Unit Cost per ton 18. Wire Mesh 6 x 6 - 5' x 50' Roll Unit Cost per roll 19. Silica SMd 100lb Bags Unit Cost per 100lb bag 20. Hydraulic Cement Unit Cost per 501b pail 21. 941b Portland Bag;Portland Type 1 Unit Cost per 941b bag Total Base Bid s s s s q. 7o s 31 S S $ S $ S $ S s --/. t C' s s blO! s Prompt Pa,wnent Terrns: Addenda Acknowledged: · ,Y- % /~ ..days Net 30 days YEs v'qqo ?_~_.% _L~days % __da)'s . .% days Net 30 days Net 30 days Net 30 days YES NO YES NO __Y'ES NO WITNESS: ~'-Ron G. Precup, Jr., Purchasing Technician "No Bids" received fi.om: Commercial Propane AWARD PROCEDURE: Copies of all Proposals Md Tabulations for this bid have been forw'atded to thc initiating department. Alter ali proposals ate evaluated, th,: recommendation of award will be pod-ted (typically on Wednescb. y or Thursday) outside thc offices of thc Purcha.slng l.X'pa:tmcnt, prior to thc presentation o£ awau-d to thc Board of County Commissioners. P~fies |nter~ttd in thc surus of thc award process may contact the Purchasing Dcpartraent at 941/7744425 to verify the official mt'us of each contract. Subsequent to award, the awatdee will be notified by rclca.~e of a purchase order or receipt of a contracl for signature. 1 U SSa / EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 (FINAL) TO CONTRACT NO. 92-2626, MARCO ISLAND T-GROIN CONSTRUCTION. QBJECTIVE: To obtain approval of Change Order No. 3 (Final) to enable close- out of Contract No. 97-2626. (]QNSIDERATIQN$: On March 25, 1997, the Board of County Commissioners awarded Contract No. 97-2626 to Douglas N. Higgins, Inc. in the amount of $313,100.00. During the course of construction it was necessary to modify the number of sand-filled bags required to satisfactorily complete the project. This was necessary due to erosion prior to construction which significantly deepened the beach profile, thus requiring more bags to complete the structure. The computation and recommendation from the Design Professional relative to this modification is attached with a resultant additional cost of $15,839.00. It is therefore requested that the contract amount be adjusted to account for this additional work. Change Order No. 3 has been prepared for this purpose resulting in the following contract figures' Original Contract Amount Sum of Previous Changes This Change Order (Add) Revised Contract Amount $313,100.00 $ 98,102.60 $ 15,839.00 $427,041.60 This modification has approval by the Beach Development Council. been reviewed and has received a recommendation for Renourishment/Maintenance Committee and the Tourist FISCAL 1M P A._(~. T: Cost' Fund' Cost Center: Project No.' $15,839.00 to be obligated in the budget for FY 97/98 (195) Tourist Development - 60% (110406) Beach Renourishment & Pass Maintenance - Category A (80218) Marco Island Beach Maintenance Approval of a budget amendment is necessary whereby funds in the amount of $15,839.00 will be transferred from the reserves of Fund 195 to Account No. 195-110406-763100- 80218 to provide sufficient funds for this obligation. Executive Summary Page 2 GROWTH MANACaEM.E. NT IMPACT' None RECOMMENDATION: That the Board of County Commissioners: 1. Approve Change Order No. 3 (Final) to Contract No. 97-2626 in the amount of $15,1t39.00. 2. Approve the necessary budget amendment; and 3. Authorize tile OCPM Director to execute the change order. PREI'AREDBY' Harry E. Huber, Project Manager III Office of Capital Projects Management REVIEWED BY' Adolfo A. G'cSnzalez,,./P.E., D~rector O~~~ff/f fbjss Management REVIEWED B Y .'~'"x-'"r-- Ed Ilschner~, Administrator Public Works Division DATE: / cc: Beach Renourishment/Maintenance Committee I-tumiston & Moore Engineers Douglas N. Higgins, Inc. Ex,urn. No.97.2626 CHANGE ORDER NO. EXHIBIT E CHANGE ORDER 3 CONTRACT NO. 97-2626 TO' Douglas N. lti£~.ins, Inc. 2887 Tamiami Trail East, Suite 1 Naple.s, Florida 34112 Attention: Douglas N. High. ins, President DATE: November 20, 1997 PROJECT NAME: Marco Island T-Groin Construction PROJECT NO.: 195- I10406- 763100- 80218 Under.~ur AGREEMENT dated March 25, 1997. GC-CA-E-1 MAR 1 0 1998 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) Sum of: Fifteen Thousand Eieht Hundred and Thirty-Nine Dollars and no cents (15,839.00) Original Agreement Amount Sum of Previous Changes This Change Order (Add) Present Agreement Amount 313,100.00 98,102.60 15,839.00 427,041.60 The time for completion shall remain unchanged due to this Change Order. Accordingly, the Contract Time is now one hundred sixty-five (I65) calendar days. The substantial completion date is September 15 1997 and the final completion date is September 30, 1997. 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, if any, to the 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 and delay costs. Accepted: OWNER: Douglas N. Higgins, Inc By: Douglas N. Higgins President BOARD OF C'X:)UNTY CO~'vffdISSIONERS OF COl 1 ~ COUN'IY, FLORIDA By: Adolfo A. Gonzalez, P.E., Director Office of Capital Projects Management DESIGN PROFESSIONAL: By: e/'~ ~ Kenneth K. Humiston, P.E. Humiston & Moore Engineers GC-CA-E-2 HUMISTON MOORE ENGINEERS COA~TAL AND P[ I~MITTING N~PI 1~$ ROR~A .~¢1C~ /:AX ~'! SS.4 2U25 Sel:~ember 29. 1997 Mr. Harry Huber, P.E. Collier County Capital Projects Managemant 3301 E. Tamiami Trail Na~les, FL 33962 - SENT VIA FAX 774,.~170 Re: Hiders'ay Beach T-grc~n pr~ect, D.N. Htggins September 10 request for payment f~ additional bags, H&M File No. 3021TC. Dear Harry:. I have discussed the referenced request wilh Dan Higgins, and he was agreeable to the following revised computation of cc~ts. This revision uses the .sa~e method orlglnaJly suggested by Dan, using the number of bags shown on the odglnaJ I~ans to comDute the co~tra~ amount per bag in place. " BAGS COUNTED ON CONTRACT DR. AWqNO$ Bag Size Ouan~ty Total Feet 10 210 2.100 15 131 1.965 20 1&8 3,120 497 7,185 PER FT $ FOR BAO IH.qTALLATION Contract A~.! fo~ Bags ,= $1Z2,500 $122.500/7,1 aSFT ,,, $17.05/1=T 10 FT BAGS · $170.49 15 FT BAG5 = $255.74 20 FT BAGS = $3,40.99 113 150 15 81 20 132 I~L~TALLE D It<~TAL.LA TIOei ~,~ I'AE.I~T'ION .u.rr cost U~T co.T _co.._~ 50.30 3,2:~ 5O 170.45 512.19 6.170.67' ~13.30 3.051.40 2f~.74 175.4.4 5,7'~ 90 11 .e27 170 20 5,B.30 7i~ -2 1~3.30 -110.I10 1.401.40 ~1~ ~L ~O ROY~ MAR~ INST~ C~T AM~T OF ~AN~ ~ER 173.49 112. t9 2,243.M 2~ 74 17:5,4,4 .'tKO.&8 340.g8 241 lag 987.95 7.154.:~.1 S,BI:3.75 15,13S.00 HAR 1 0 1998 The above computation includes the full in-place cost o! the bags at Royal Marco Point because emsio~ in this area prior to construction was significant, resulting in a modified design, and the deeper profile required more bags to complete the structure. The cost of the additional b~s at Sout~ Point was computed by adding the rnatedaJ cost of the bags and 50% of the Installation Ce. St. These costs were computed in this manner because although the aclual number of bags used was led3nically the contractors responsibility, It w~,~ determined during construction thai filling the bags to a lesser extent, and using more bags m...sulted in a tighter structure with a more even profile along the crest We believe thai the use of additional begs filled to a lesser extent was advantageous to the County. We have discussed this with the contractor who has agreed to this manner of computing the additional costs, and we recommend a change order in the amount of $15,839.00 to cover the c~st of the additional bags. Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Hurniston, P.E. Copy Io Dan Hk:jgins EXECUTIVE SUMMARY ADOPT A RESOLUTION URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB 882 WHICH PROVIDES A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT. ~: Adoption of a resolution urging the 1998 Florida Legislature to pass into law HB 3427 and SB 882 to provide a stable, long-term, dedicated funding source for Florida's Beach Management Program. CONSIDERATIONS: A bill has been introduced in the Legislature to provide a dedicated funding source for the state's beach management program. The Florida Shore and Beach Preservation Association (FSBPA) has requested strong support from local governments for enactment of this bill (copy of request attached). The attached resolution has been prepared for that purpose. FISCAL IMPACT: Enactment of this legislation will enhance the success of funding applications to the Legislature for long-term beach and pass management in Collier County. GROWTH_MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners adopt the attached Resolution urging the 1998 Florida Legislature to pass HB 3427 and SB 882 and authorize the Chairman to execute the Resolution. PREPARED BY: ~~~-,z.~ DATE: Harold E. Huber, Project Manager III O~F~ ~o 7/~.,A P r~.~/~s Management REVIEWED BY: f ~,'"/ ~ ~ ~ DATE: Adolfo A.~onzalez~.E~ Director , O~~~ PrOjects Management Ed Ilschner, Administrator Public Works Division Attachments cc: Beach Renourishment/Maintenance Committee cx~um.llEH.Ih.002 i i H,A,R I U 1!t98 RESOLUTION NO. RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING THE 1991 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB V~'HICH PROVIDES A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT; AND PROVIDING fOR AN EFFECTIVE DATE. 1 5 6 7 9 10 II 12 WHEREAS. beaches are Florida's number one tourist attraction, in 1996 13 generating $18.9 billion for the State's economy, 442,000 jobs, and more than 14 $500 million in S~ste sales and use taxes; and WHEREAS. Florida's beaches protect over $150 billion in upland coastal 16 property against hurricane and storm waves, and healthy beaches can reduce 17 damages to coastal development by as much as SO'A, and. 1! WHEREAS. The Florida Department of Environmental Protection estimates that 19 more than 300 miles of Florida's beaches are experiencing a state of critical 20 erosion; and. WHEREAS. when legislation authorizing,thc States's beach management program 22 was enacted in 1986. the Legislature declared an intent to 'appropriate at least 23 't35 million annually' to implement this program, and 24 WHEREAS. appropriations over the past decade have fallen far short of the 25 amounl needed to repair the S~ale's eroding beaches; and 26 WHEREAS. Legislation. designated HB 3427. has been introduced in the 27 1998 Legislature. which provides for a stable, designated funding source for 28 Florida's Beach Management Program. 29 NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: 31 Section I. The Board of County Commissioners supports legislative 32 e~or~s to provide a stable, long-term, dedicated funding strategy to protect. 33 restore, and cnhan:e Florida's beaches, and urges the Legislature to pass into law 34 HB 3427 and SB ~82 as introduced. I i MAR ! 0 9S8 3.S Section :2 The Board authorizes and directs the start' to furnish copies of 36 this Resolution to Collier County's State Lesis]ative Delesation, the President of 37 the Florida Senate, and the Speaker of the Florida House of Representatives. 31 Section 3. This Resolution shall take effect immediately upon adoption. 41 40 This Resolution adopted this __ day or , 1998. after motion, second and majority votel 42 43 44 46 47 49 54 56 60 61 62 63 67 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST Dwight E. Brock, Clerk By: Barbara B. Berry, Chairman By: Deputy Clerk Approved as to form and leg&l sufficiency: Heidi F. Ashton Assistant County A~orney H£H Sh'I02IIH£H 024 HB 3427 and SB 882 Dedicated Funding for Beach Management What the Bill Does: Phases in over three years an allocation of $30 million annually to full)' fund the state share of Florida's Beach Management Plan. The funding would come from an unallocated portion of the documentary stamp tax on real estate transactions that currently goes to general revenue. Thus, no new taxes are required. The money would be transferred to DEP's Ecosystem Management and Restoration Trust Fund. 4. The bill provides that allocations to the trust fund be phases in as follows: · $10 million in FY 1998-99 · 520 million in FY 1999-2000 530 million in FY 2000-01 and each fiscal )'ear there~,fter (Note: This phase-in approach does not preclude the Legislature from appropriating from other sources money for the beach management program in FY 1998-99 and FY 2000-01 .) The bill also includes important language ora legislative "finding" that "erosion of the beaches of this state is detrimental to tourism, that state's major industry, further exposes the state's highly developed coastline to severe storm damage, and threatens beach-related jobs, which if not stopped, could significantly reduce state sales tax revenues... HAR 1 0 1998 I EXECUTIVE SUMMARY AWARD PARK IMPACT FEE STUDY TO HENDERSON, YOUNG, AND COMPANY. Objective: That the Board of County Commissioners award the park impact fee study to Henderson, Young, and Company. Consideration: The Board directed [he Parks Staff to amend the comprehensive plan and parks-related impact fee ordinances in keeping with the proposed Parks Capital Plan approved by the County Commission on June 24, 1997. RFP #97-2742 was posted on October 22, 1997 with Request for Proposals sent to 33 vendors. Only two vendors submitted proposals: Henderson, Young, and Company and Tischler & Associates. The five- member committee reviewed the proposals based on approach, experti~ of designated staff, previous performance on similar jobs, office location and responsiveness, and price. In consideration of this criteria, the committee voted (5-0) to award the proposal to Henderson, Young, and Company (See attached Evaluation Forms). The Henderson, Young firm authored the existing Parks Impact Fee Ordinance. As a result, the finn is uniquely positioned and qtmlified to understand the Collier County park system, methodology, and rationale. Growth Management: It is anticipated that the effort will result in amendments to the Recreation, Open Space Element of the Growth Management Plan. This will allow for the inclusion of beach parks, beach parking, regional parks, and more flexibility in how the County will meet the communities' recreational needs in the future. Fiscal Impact: The cost for the work will be $24,650. Funds for this work are available within the Regional Parks Count~wvide Impact Fee Fund (345). Use of Impact. fee funds are permitted for impact fee feasibility studies. A budget amendrmnt will be needed to reduce the regional park irapact fee fund reserves in order to fund this expenditure. Recommendation: That the Board of County Commissioners approve the selection of Henderson, Young & Company to provide an Impact Fee Study of the County Park System and authorize the Chairman to execute the Agreement, and approve necessary budget amendments. ~ohn Dunnuck, Operations Coordinator Department of Parks and Recreation Reviewed and ~/'9'! ,~' A//~ Approved by: /~_/~)//~'~*/~7.:. "~ ', , ----~ w---- I [ ~"*tlt "{' " Maria Ramsey, Director ~/ Depmtment of Parks and Recreation Date: Date: Approved by: 1 // / Steve Camell, Direcqor Director of Purchasing Date: Reviewed and . Approved by: ~ Thomas W. ~-~liff, Ad~'nin'~luor Division of Public Services- R3UN~iNG MATRIX FORM REQUEST FOR PROPOSALS NO. 97-2742 "Impact Fee Study of the County Park System" SELECTION COM2~iTTEE FINAL RANKING STANDINGS NU~4BER OF NI~IBER OF NI~BER OF SUM OF 1ST PLACE 2ND PLACE 3RD PLACE RANKING NA~qE OF FIRM RANKINGS F~KINGS RANKINGS SCORING NOTE: Ranking Scoring is determined by multiplying each 1st Place Ranking by 3 pcin~s, each 2nd Place Ranking ky 2 points, each 3rd Place Ranking by i point. The Final Ranking order is determ;ned by the highest to lowest Eankinc Scorin9 totals. SELECTION CO~Cq!TTEE FIRST SECO:CD THIRD No.~l MAR 1 0 1998 NAME OF FIRM RFP #97-2742 "Impact Fee Study of the County Park System" Approach EXPertise of Designated Staff 20 Points Previous Performance on Similar Jobs 20 Poing~ Office Location and Responsiveness 15 Points Price __20 Point~ TOTAL FIRST F~M, SECOND FIRM ~kNKING sct l n c ,4Ss,oc' Se~ction Committee Member's Signature RFP #97-27%2 'Impact Fee Study of the County Park System' NAME OF FIRM ,~ Approach Expertise of Designated Staff Previous Performance on Similar Jobs Office Loca:ion and Responsivenass 15 Points 15 /5 ~rice TOTAL FIRST FIRM $ ECON!) FIRM THIRD FIRM RANKINq Selection C6mmitt~er's Signature RFP #97-2742 "Impact Fee Study of the County Park System" NAME OF FIP-M ~ & ~ ~-.=~ ! Approach 25 Points Expertise of Designated Staff 20 Po~n~s Previous Performance on Similar jobs Office Location and Responsiveness 15 Points ~3 Price / ~ 2O Points TOTAL /? /3- FIRST FIRM ~ECO~;D FIRiM THIRD FIRM Signature RFP #97-2742 · Impact Fee Study of the County Park System" Approach Expertise of Designated 20 Poincs Previous Performance on Similar ,lobs Office Location and Responsiveness Price (. P ~, Signature ~AR 10 1998 J RFP #97-2742 "Impact Fee Study of the County Park System" Approach 25 Points 75 '~ - Expertise cf Designated Staff 20 Points Previous Performance on Similar Jobs 20 Points ~-) Office Location and Responsiveness 15 Points Price TGTAL T'HZRD Sel act ion ' Commi [~ember ' s Signature I 12. This Agreement shall be governed and construed in accordance with the Laws of the State of Florida. IN V~,qTNESS WHEREOF, the parties have caused the Agreement to be signed by their duly authorized representatives. DATED: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WITNESSES: Signature ~' -' Printed/Typed Name SJgna!u,'e PrintedFl'yped ~ame By: Barbara B. Berry, Chairman CONSULTANT HENDERSON, YOUNG & COMPANY By: ~ --~ ./"~ Randall L. Younq, Pr.es.i.dent Printed/Typed Name and Title (corporate seal) Approved as to form and legal sufficiency Heidi F. Ashtcn Assistant County Attorney CONSULTANT AGREEMENT BETWEEN HENDERSON, YOUNG&COMPANY, AND COLLIER COUNTY, FLORIDA THIS AGREEMENT, entered into this day of , 1998, by and between the Board of County Commissioners of Collier County, a political subdivision of the State of Florida hereinafter called the "County", and Henderson, Young & Company, a corporation organized under the laws of the State of Louisiana, and authorized to do business in the State of Florida, hereinafter called the "Consultant'. WHEREAS, the County desires to obtain the professional consulting services of the Consultant concerning providing an impact fee study of the County Park System, said services being more fully described in Schedule A, 'Scope of Services', which is attachod hereto and incorporated herein; and and WHEREAS, the Consultant has submitted a proposal for provision of those services; WHEREAS, the Consultant represents that it has' expertise in the type of services that will be required for the study. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged b'/each parly to other, it is hereby agreed as fol/'ows: The Cor;sultant shall provide those servlces to the County as more particularly identified in the attached Exhibit "A", as they are requested by the Director of the Parks and Recreation Depadment Jn writing, hereinafter referred to as the Project Director. Consu:!am shall provide sufficient quatified personnel to perform all services as required herein Consultant is acting as an independent contractor and shall not be deemed an agent or employee of Collier County. (A) Tt~e term of this Agreement shatl be from the date of execution of the Agreement, and shall terminate no later than four (4) months after execution of this Agreement unless otherwise extended in writing by lhe County. (B) Notwithstanding the foregoing, this Agreement may be terminated immediately by the County upon written notice, with or without cause. If this Agreement is terminated, the Consultant shall be paid for services performed to the date of Consultant's receipt of such termination notice. Any notices to be given by either party to the other must be in writing, and personally delivered or mailed by prepaid postage and certified mail, at the following address: County: Mr. John Dunnuck, Operations Coordinator Collier County Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, FL 34116 10. 11. Consultant: Mr. Randall L. Young, President Henderson, Young & Company 16700 NE 79th Street, Suite 202 Redmond, WA 98052 This Agreement is non-assignable by the Consultant and its subcontractors. The County shall pay to Consultant a maximum sum of Twenty-Four Thousand Six Hundred Fifty dollars ($24,650.00), as specified in Exhibit "A". The payment will be based on a percentage completion basis by task described in the monthly invoices. Payment wilt be made by the County within thirty (30) days after receipt of the monthly invoice. Consultant shall obtain and carry, at all times during its performance under this Agreement, insurance of the types and in the amourrt.~ set forth in Exhibit "B" to this Agreement. The Consultant agrees to indemnify and hold the County and its officers, employees and agents harmless from and against any and all losses resulting from any negligence, error, omission or intentional misconduct of the Consultant, it subconsultants, agents or employees, arising out of or incidental to the performance of this Agreement or work pedormed thereunder, pertaining to the impact fee study of the County park system. This paragraph shall also pertain to any claims brought against the County, its officers, employees or agents by any employee of the named Consultant, or any subconsultant, or subcontractor, or anyone directly or indirectly employed by any of them. The Consultant's obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the Consultant's limit of, or lack of, sufficient insurance protection. In the event any provision of the Agreement shall be held to be invalid and unen*'orceable, the remaining provisions shall be valid and binding upon the parties. One or ,more waivers by either party of any provisions, terms, conditions, or covenants shall ,not be construed by the other party as a waiver of a subsequent breach by the other party. This Agreement, Exhibit "A" and Exhibit "B" represent the entire and integrated Agreement between the County and Consultant and supersede all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and the Consultant. I Exhibit A SCOPE OF SERVICES The following tasks will be conducted to develop an impact fee study of the County Park System. Methodoloqv. The Methodology Phase includes a thorough evaluation of all the issues that affect parks impact fees, including the need for capital improvements, the standards used to determine such needs, the need for additional revenue to pay for capital improvements, and the availability of data that quantifies the impact of new development on public facilities (in order to meet the requirements of Florida and Federal case law). 1.1 Develop Method01oqy for Revised Collier County Park Impa(;;t Fe.¢.s. The Consultant will define the issues to be resolved in redesigning park impact fees for the County, and identify and describe alternative solutions for each issue. Henderson, Young will meet with County parks, budget, and legal staff to review the issues and alternatives, including the advantages and disadvantages of each alternative. During the meeting we will obtain the County staffs preferences about each issue. We will use County preferences to redesign Collier County's par.k'impact fees. The impact fee design will meet the following criteria: legally defensible meets County revenue needs reasonable rates simple to administer 1.2 Prepare Methcdoloqy Rep.o.d. Henderson, Young will prepare a memorandum report on the methodology for redesigned park impact fees for Collier County. Henderson, Young will review the Methodology Report with County staff, and respond to comments, suggestions, and requests for clarification. Research. The Research Phase consists of collecting all the data needed to calc,.Jiate parks impact fees. 2.1 Assemble Information About Levels of Service. County staff will provide Henderson, Young with assembled information about levels of service (LOS) of parks and recreational facilities that serve Collier County. County staff with report two levels of service; existing actual LOS, and standards for LOS (i.e., used for concurrency, CIE, etc.). 2.2 Assemble Inventory, Costs and Revenues. Inventory: County staff will provide an updated inventory of parks and recreational facilities that serve the County. The type of parks and facilities will have been determined during the Methodology Phase. Costs: County Staff will provide existing plans and studies that deal with capital improvements for park and recreational facilities. County staff will also provide historical costs for parks and recreational facilities completed in the past five (5) years, and cost estimates for types of parks or facilities that are part of the County's standards, but which are not planned for construction in the next five (5) years, nor were they built in the last five (5) years. Revenues: County Staff will assemble capital improvements programs, master plans and other studies that forecast revenue that can be used to pay for park and recreation capital improvements that serve new development. County Staff will also assemble historical information of revenues that were used for park and recreation capital improvements during the past five (5) years. 2.3 Assemble Growth Data. County Staff will provide updated information about existing and future population, dwelling units, and persons per dwelling unit in the County. All data will be reported countywide and for unincorporated areas only. Henderson, Young will review the data to determine the amount and location of growth that may require additional public facilities. Analysis and Rate Study. A new rate study will be produced reflecting the revised methodology and current costs of parks and recreational facilities needed to serve new development in Collier County. 3.1 Analyze Data,__.C_C..alculate Rates, .and Pr.epare Rate Study. Henderson, Young will prepare a database of appropriate park and recreational facility capital improvement projects, including a description of each project, its total cost, committed funding amounts and sources, and timeframe for construction. Each project will be analyzed to determine the proportion of project costs which will be eligible for impact fee funding. The gross cost of eligible (i.e., "capacity") projects will be allocated between deficiencies and growth. Henderson, Young wil! determine revenues that are committed lo eligible projects, and will allocate those revenues between deficiencies and growth. The revenues allocated to growth will be subtracled from the NAR. t costs attributable to growth in order to calculate the impact fee-eligible cost. The eligible cost portion of each improvement project will be included in the project database, and will serve as the cost basis for the impact fee. Henderson, Young will compute adjustments to impact fee rates to account for other revenues paid by the proposed development (to the extent that such revenues are earmarked or prorated to the same capital improvements that are funded by the impact fee). Henderson, Young will develop the formulas and algorithms for calculating the new park impact fee. Henderson, Young will describe each variable in each formula, and document the data and/or assumptions used for each variable. Spreadsheets will be prepared to calculate the impact fee rate for each category of land use. Data will be entered into the spreadsheet from research and analysis, and the spreadsheet will calculate the impact fee rates. Henderson, Young will prepare a rate study to describe all the equations, data assumptions, and resulting impact fee rates. 3.2 Conduct Public Involvement Proqram. Henderson, Young will meet once with the Development Services Steering Committee, once with the Parks and Recreation Advisory Board, and once with the Planning Commission to receive input from regarding the impac( fee study. Input from other interested parties may be accommodated as part of the public review and adoption of impact fees by the County Commission. 3.3 Review and Adoption of New Park Impact Fees by County Commission. Henderson, Young will attend and participate in one public hearing of the County Commission. Henderson, Young will present the new rate study, respond to public comments, and assist the Commission in its review and consideration of impact fees for the County. Exhibit B Collier County Florida Insurance Requirements INSURANCE TYPE X1. Worker's Compensation REQUIRED LIMITS Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employer's Liability with a limit of $1,000,00q Each Accident X2. Comn'~ercial General Liability (Occurrence Form) patterned after the 19~5 I.S.O form with no limiting endorsements. Bodily In!ury & Property Damac~e $ 500,000 Single Limit Per Occurrence .X3. Indemnification: The ContractorNendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend C. ollier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorJendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first Ten dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. ,NA 4. Automobile Liability Owned/Non-owned/Hired Automobile Included Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ 300,000 $__ X7. XIO. COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and Automobile Liability Coverage where required. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other forma.__.__.jt wi!] b__9.e acceptab!_e.. Thirty (30) Days Cancellation Notice required. O The Certificate must state the Bid Number and Title, BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent H, R 0 998-X /3_ AC. ORD CERTIFICATE OF LIABILITY INSURANCE '. . ' 02/17/1998 ,ReDuCE. 425 649 2108 FAX 42 S 649 5303 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dwen, Koester, & Ederer, Eric. HOLDER. THISCERTIFICATE~ESNOTAMEND, EXTENDOR 1406 140th P~. NE ~107 ALTER THE COVE~GE AFF~DED BY THE ~}CI[S ~ELOW. PO Box 6129 COMPANIES AFFORDING COVE~GE llevue,WA 98008 ~ ~RY~ND [NSURANCE GROUP n: Natalie C Hammack CPCU Ext: ~08 : A ,.sv.~o Henderson, Young b Company ~,~ Executive Risk Indemnity, Inc. 16700 NE 79th Street, ~202 ~ B Redmond, WA 9~052 ~ C D COVERAGES .. . . . -. ;;.....~ ........ :.. ~:... .... .: , ....... THIS IS ~O CERTi~ T~T THE ~L~ES ~ ~SUR~E LISTED BEL~'~'BEEN ~SUED TO T~ ~S~ED ~D ~ F~ T~ ~ ~R~ INDICATED. NO~ITHST~DING ~Y RE~IRE~. TE~ ~ CON~N ~ ~ C~T ~ OTHER ~NT ~TH RESPECT TO ~H EXCLUSI~S M~O COf~T~S ~ SUCH P~IES. LI~S SHaH ~Y ~ BEEN RE~ED BY P~ ' co TYP~ ~ INSU~/ICE ~Y NUMBER ~ [~ECT~ ~ ~t~ LTR ~TE {M~) :. DATE (M~Y) x ...... ' o0'6 A c~,,~s~;E X ~c~, PAS 25398273 0~/01/1997 0~/01/1998 ~~"~ s 1,O00,.00. X Employers Liab~lit F,.[O*~A~E~r~.) S 50,00~ ~EO ExP tx.~ ~. ~ S lO ~ O00 AUTOMOSILE LIABILITY A~Y *uTO C~NED ~LE L~ff 1,000,000 A X .;n~:.u~os PAS 25398273 05/01/1997 O5/01/1993 X NC~, O,'~'.~D *~TCS Imm acc~enl) CARAGE LtA~L;TY A'~TO OI~Y. EA ACCI~N1 S A~IY AUT3 OTMER TH~ A~O ~Y. ~...:' . . ' ';:':..:... ::~', E~CM ~hl $ ~ XC E $ S L IA~ ILIT Y E~ ~Cm~RE~E UMBRELLA F~M A~REGATE OTMER T~AN U~BRELL~ ;~M WORKERS CO~PEN~,ATION A~dD ~ ~Al~ . [~ . . ~ :~-~, :::;~:~... · <' :.:-::~':/-: EL E~M A~ IHE PR ~R~ t~iCt EL ~E · ~ ~ PART~,ER~XECuT~vE G~:EaS ARE .. ExCL EL ~A~. EAE~EE ~ OT~ER Profess~or, a] Services S500,000 Each Claim 8 (Consultants) 151-001572-96 03/08/1997 O3/08/1998 S500,O00 Aggregate $15,OO0 Deductible each claim DE&C~IP TION O~ OPERATiGN~kT~ONS;VEMICLE~S~ECIAL ITEMS :ert~ffcate Ho~dec ~s A~d~:~ona] Ensured per Endorsement CC 2010 attached. CERTIFICATE HOLDER . CANCELATION , :~.:;~ ,:~. · .... -~ :'::.'.~..';;~;~.:/: ~-:.: , · . EX~T~ ~Te T~RE~. THE IS%~ C~ff~ ~L ~A~ TO M~ 3 0 ~Y$ Y~EN ~T~E TO THE CERT1F~ATE ~R ?l&M~ TO THE ~, Collier County Board of County Commissioners 3301 Tamiami Trail East . . ER~bert [,deter cPcu ARM/NAT ~~ MAR 1 0 ~..J POLICY NUMBER: COMMERC~,L GENERAL LLASIUTY THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED::OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance Drcvided under [~e following: COMMERCIAL GE;'JERAL LIAEILI~ COVE~G~ PART SCHEDULE -L Name cf Person or Organiza:Jcn: Collier County Board of County Co~issioners (If r.C er.:."'/ a,~"'e3r$ aCcve, miCr,.ma;,cn reCuire{ tO ccml:lete this enCorsemen~ wta be shown in ~J~e Oec'.ar~:icns as a~ica~le to ;n,s enCcrsem, enc.) WHO IS AN iNSURED (Sec:ion I1) is amended to include as an insured the ~e.'~n or organization shown in :he Schedule. but c~ly witr, res;cc: m liab;Ii~ a~sJng oq~ of ~ur on{o~g o~e~dons Der- farmed for :ha: insure~. CG 2C 10 10 5,3 Cc;;yrigh:. Insurance Services Office. Inc.. 1992 HAR 1 0 }998 EXECUTIVE S UMM. ARY APPROVE AN [NI'ERLOCAL AGREEMENT FOR RECREATIONAL FACILITY USE OF SCHOOL DISTRICT FACILIIIES. Objective: That the Board of County Commissioners approve the Agreement between the City of Naples, the School District, and the County regarding recreational facility use. Consideration: The Board previously approved an interlocal agreement between the City, County, arid School Board in 1990. Th. is agreement gives the County first priority, beyond regular ~hool activities, to program recreational activities at school facilities outside of City boundaries. In exchange, School recreational activities are given first priority behind County programs at County facilities. (The City of Naples has a similar agreement for schools w~thin City boundaries.) Joint usage of facilities saves the taxpayers money, and tee public receives a greater return of services from utilizing centrally located facilities. The proposed agreement is modified from the 1990 agreement to reflect minor changes. The previous agreement was subject to interpretation regarding the definition of facilities. The County requested that the definition stipulate both indoor a._nd outdoor facilities. This clarifies any issues regarding summer camp programs. The new agreement also identifies that all facility, usage agreements shall be in writing on the s~andard forms, and that the contact person for the Count2:' is the Director of Parks and Recreation. Other changes include basic clean-up language. Gro~vth Management: None Fiscal Impact: None Recommendation: That the Board approve said interlocal agreement bern'eon, the City of Naples, the School Board, and the County. Prepared by: .<~..~ ~ ~.~.~55~. _ · - ~tm Dur~nuck, OP~ra-t~ons-Coordinator Department of Parks and Recreation M~la ~sey, Dir;~t~r ~ Depammem of P~ks ~d Re~tion Reviewed m~d Approved by: ~~ _ ~omas W. Olliff, A~is~ator Divisicn of Public Sex%ices Date: Date: MAR AGREEIV~NT THIS AGP~EMZNT is made md entered into this day of ,1998, by THE SCHOOL BOARD OF COLLIER COUNTY, FLOR. IDA, (School Board), the COLLIER COUNTY BOARD OF cOLrNTY COMMISSIONERS (County) and the CITY OF NAPLES, FLORIDA, hereinafter (Ci~). WITNESS: WHEREAS, the County and the City ate charged by law with the provision of public pazk~, playgrounds and recrealion areas; and, WHEREAS, the School Board is charged by law with the provision ora free public education for district student; and, WHEREAS, in order to provide a free public education for students, the School Board secures land and constructs facilities; and, WHEREAS, the School Board has in the past purchased school sites ora sufficient size to accommodate public recreation and park areas and hz improved areas for this purpose; and, '~-tEKEAS, neither the City nor the County have made direct contributio~ for the purch~e of land nor the facilities installed by the School Board; and, V~ER.EAS, by ir~talling recreation and park facilities for the public use, lhe School Board ~ reduced the amount of money available for the comtruction of true school facilities; and, WHEREAS, all parties recognize their respective responsibilities and recognize that there is no ultimate difference for the taxpayer. The only difference is in the amount of money available for their respective programs; ar, d, WHERF. AS, the County, City and the School Board are mutually interested in an adequate program of schools, community services and activities; and, WHERLAS, said governmental agencies ~re authorized by law to enter into agreements with e~ch other, ~d to do any and all things necessary or convenient to aid and cooperate in the cultivation of citizenship by providing adequate programs of schools, community serVices and ~tivities; and, WHEREAS, in the interest of providing the best service with the least possible expendi,'ur¢ of public funds, full cooperation between the County, City and the School Board is necessary, NOW THEREFOFLE, in consideration of these premises, the County, City and the School Board do hereby agree a~d resolve a.s follows: 1. Except ~s otherwise provided herein, the Schcol Board will m~ke available to the City for community activities all school areas and facilities which are suitable for community activities and/or programs that are now or may be in the fi~ture within the incorporated City limits. 2. Except as otherwise provided herein, the School Board will make available to the County for community activities ail school area~ and facilities indoor and outdoor which are suitable for community activities and/or programs except for those facilities which are now or may in the fut',~re be located within the incorporated city limits of Naples. 3. The City and County will make available to the School Board for official school events, activities and/or programs those City and County facilities which arg,suitable for said events, activities and/or programs. d. It is hereby agreed that a schedule of dates for the use of the School Board and the City facilities ~vill be worked out in advance by both the School Board and thc City, and said schedule will be arranged so as to avoid conflicts. In the scheduling ofevcnts, individual school events and programs shall have first priority for use of each School Board facility within City limiB, and CiD' a:tivities shall have first priority for use of Ci .ty facilities, and school evenu and programs shall have second priority. 5. I: is hereby agreed that a schedule of dates for the use of thc School Board and the County facilities will be worked out in advance by both the School Board and the County, and said schedule will be ~u-ranged so aq to avoid conflicts. In the scheduling of event~, individual school events and programs shall have first priority for use of each School Board facility within County ~:reas, and County activities shall have first priority for use of County facilities, and school events and programs shall have second priority. 6. The City, through its Department of Commtmity Services, a~rees to provide adequate persormel, as determined by the City, to supervise community activities which take place after school hours during weekends, heliday and vacstion periods at the selected Areas e. nd facilities. ?. The County, th. rough its Division of Public Services, ~s~'ees to provide adequate personnel, as determined by ~he County, to supervise community ~cfivities which take place after school hours and during weekends, holiday and vacation periods at the selected areas and facilities. 8. The contact person for the School Board shall be the City's Director of Community Services, and the contact person for the City shall be designated by the Superintenden! of Schools. If one entity wishes to schedule the other entity's facilities, the rcques'?.s shall go fl'u'ough the above-mentioned contact person and be submitted on a Facility Rencal form. The Area Assiscant Superintendent shall have the responsibility for coordination with the various school Principals as to the City scheduling School Board facilities. 9. The comac~ person for the School Board shall be the Coun.W's Parks and Recreation Director, and the contact person for the County shall be designated by the Superintendent of Schools. Ifone entity wishes to schedule the other enti .ry's facilities, the requests shall go through the above- mentioned contact person and be submined on a FaciliTy Rental form. The Area Assis~t Superintendent shall have the responsibility of dealing with the various school Principals as to the Count>' scheduling School Board facilities. 10. It is agreed that the City or County may make capital improvements and install additional equipment to improve existing facilities not in conflict with school use, subject to written approval by the School Board. Capital improvements for said purposes shall be made by ',.he City or County a~ i~ expense. 11. h is agreed that plans and specifications for the placement of all equipment, facilities And capital irr,provements upon School Board property, &nd the type, design and construction thereof, shall be approved by the School Board prior to any installation thereof. 12. It is agreed that plans and specifications for the placement of all equipment, facilities and capital improvements upon City or County property by the School Board, and the type, design &nd construction thereof, shall be approved by the City or County prior to any installation thereof. 13. The City's and County's use of School Board sites results in out-of-pocket expenses to the School Board. Correspondingly, the School Board's use of City and County sites results in out-of-pocket expenses to those entities. At present, there exists a relative equity in expenditures between the City ~nd Scl~ool Board and between the County and the School Board. Therefore, no reimbursement by one entity to the other is contemplated. However, the School Board, the County and the City shall armually reconcile their out-of-pocket expenses. In the event one party, in its discretion, determines that there is no longer a relative equity in expenditures, the payment of compensation by one party to the other shah be subject to negotiation. 14. Should the County or City provide maintenance for a.ny School Board facility, such maintenance shall be provided at a time which the school site administrator determines to be acceptable. In the even: ora dispute between the City or County and the school site administrator, the Assistant Superintendent for Administration shall make the final decision. i 5. When the School Board proposes to purchase a new school site or construct a school on a site that it ov.'ns Nd it determines that the site owned or purchased shall be in excess of its needs, it shall notify the City or County in writing, as appropriate. Upon receipt of such notice, the County or City shall within 45 days notify the School Board as to whether it desires public recreation facilities on the site. If it does desire such facilities, it shah also notify the School Board within the sa.me time period as to whether it will construct thc facilities or participate in payment for facilities constructed by the School Board. If it elects to participate, the School Board's architect shah provide for the facilities and shall cause a separate bi.'1 to be rendered for the facilities. The Agency requesting the construction ofthe facilities shall fo:-ward payment to the School Board prior to the award of the construction contract. ] 6. Unless otherwise agreed between ~c City and the County, in the event the County constructs or participates in the construction of the substantial facilities for a p~icular site, that site shall remain a County, site even if it is later incorporated into the City of Naples, or another cit),. l?. It is agreed that the cost of maintenance ~nd utilities at the site of the said capital improvements made by either Agency, as aforesaid, shall be borne by the Agency m~ing the improvement to the other's property, including ariy electrical systems required for ballfields or sprinklers. 18. It is understood and agreed that any pm'D' to this Agreement may at any time withdraw from this Agreement upon three months advance wri~en notice to the other party. Except as otherwise agreed, this Agreement may be terminated by any pm-'ty on ,, site by site basis upon lhree months advance wrinen notice. 19. In the event of termination ofthis Agreement by the real property owner, in whole or in pm, the cost for any or all of the above-referenced capital improvements made to School Board, County or City's real property, shall be reimbursed to the Agency m~ing the improvements. The reimbursement shall be made during the next budget year and shall be in the form of actual cost of said capital impravem,.nts depreciated by ten percent per year. No reimbursement shall be reqaired after the improvemenls have been in use for Ica years. The installing agency in its discreHon may remove facilities within 45 days of notice oftermination. 20. It is stipulated by the panics that each shall have the rights, liabilities, and duties as provided by law. The City, County and the School Bom'd shall each obt. nin insurance as each shall deem desirable. 21. Should any pm'D' that h~s installed imprevements on a site terminate this Agreement as to that site, that party shall remove alt installed facilities within 45 days Mter the termination. This provision may be waived by the real property owner by execution ora written waiver. MAR 1 n 1.q.q8 IN WITNESS WHEREOF, and pursuant to the ~uthoriD' granted by duly adopted Resolutions, prates hereto have caused ~'ds Agreement to be cxecmcd. ATTEST: SCHOOL BOARD OF COLLIER COUNTY BY: Clyde ~:. Qui~ ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BY: Barbara B. Berry, Chairman ATTEST: CITY OF NAPLES, FLORIDA BY: Bill Barnett, Mayor APPROVED AS TO FORM AND LEGALITY P'/AD~;~rdn eC)~ ~o;~ ntt Comm issi onei:s o f Collier County Kermeth Cuyler Attorney for Lhe City of Naples Kenneth Cuyler Ar. orney for the City of Naples EXECUTIVE SUMMARY APPROVAL OF CONTRACT WITH BIG WAVE INTERNATIONAL, INC. FOR SERVICES AT ~)PARKS AND RECR.EATION YOUTII NIGHTS. Objective: That the Board of Count).' Commissioners approve a contract v, qth Big Wave International, Inc. for video program services at the Youth Nigh~ on April 3, 1998 and April 4, 1998, and authorize the Chairman to sign said contract. Consideration: Thc Parks and Recreation Department is sponsoring Youth Night activities while the schools are not in session over Spring break. On April 3, 1998 a wild video program is scheduled at one of the Naples area parks. The following day, the parks and recreation department will sponsor the same type event at an Immokalee area park. Most likely these events will be at the respective pool locations; however, it is subject to change due to inclement weather. The vendor who will be performing the video show has requested a contract be signed. The contracts are for $2,000.00 per event. The company will have a big screen television and run videos for the youth to view and dance. Big Wave's services were utilized at a Youth Night last August. The event was a great success. This vendor is a sole source. The Florida Recreation and Parks Association informed the Department that they know of no other source for this service. The Department lms also contacted local vendors and they cannot provide this service. Growth Management: None Fiscal Impact: The total cost for both events is $4000. Fuh~ls are available in the general fund, recreation budget (001-156341) in the amount of 52000. Funds are also available in the unincorporated area MSTD fund, Immokalee Sports Complex (111-156349) in the mount of $2000. Recommendation: That the Board of County Commissioners, approve the contract with Big Wave International, Inc. for youth night services on April 34, 1998, and authorize the Chairman to sign said contract. Prepared by: .~/~ Murdo Smith, Recreation Manager Depar:ment of Parks and Recreation Approved by: Mar'.a Ramsey, D~rect(~r / Department of Parks and Recreation Reviewed and Approved by:_~ '~x Steve C~ell, Di~ctor Depm tment of Purchasing Date: Date: '2 '" ~ -,~0~ Approved by: ~,~,~z ~. __~ .,.u~-~--. ThtirrTas TW.' O~li ff~-~ d~strator Division of Public SerO'ices Date: . A~eno " [ MAR 1 ,q m8 Sponsor- Whi~e Copy Agency - Yellow Copy SE BIG WA VE INTERNATIONAL P. O. Box 338 · North $altm, NY 10560 Phone#914/276.1210 ' Fax#914~276.1219 INC. CO--CT# 9961 Fed IDII 13.379.6803 This contract entered into ~s of the P. O. BOX 935, North S,lem. NY 10560. ~ p~uccF o~ ~e cvcm, ~ ~llicr County P~ & Recreation 33~ S~ Big Wave will provide Wild Vid~ D~ce P~y'~ (her~in~ter ~fe~ to ~ 'EV~), to ~ffo~ at ~e ~~: Video D~ P~y 'Suer System' 22 day of 01, 1995 , by and between Big Wave International. Inc., Naples, lq., 34116 date, time and place specified below: LOCATION: TBS (herein,trier referred to u 'SPONSOR') SPONSOR shsll provide a secure, dr,/, duk ~ proper pl~.e for the event, in good co.ilion, together with all nec¢~.s~x'y suge ~cccssoric~ ~nd properdc*, as specified below and in attached rider. STAGE ACCF..SSORIF.,S AND PROPEgTIES: Thc att~:hed Addendum and Rider at~ pan of this contract. No performance or program or any parl thereof is to be reproduced, including but not limited to reproduction by broadcasting, videotaping or ~ recording, without written permission of Big Wave. SPONSOR agrees to pay Big Wave as consideration for 'EVFJCr' services the m'nounts set forth under 'TERMS' below. No taxes are to be d~ucted from agreed compensation. Any and all city, state ~nd f~eral ~xcs including amusement, sales, etc. for said EVEI'Fr shall be the sole responsibil[ty of SPONSOR. TERMS: Payment Guarantee :52,000.00 PAYMENTINSTRUCI~ONS: Two Thou.~and Dollar:r Flat Guarantee. A check for 5/,000.00 is to be returned with signed contract. AdditlonMly pay V/$.50 haiti perdirm (cash or check r, uMe payable to VI) the ni~kt of show. Remainder ($1,000.00) to be paid to BWI representative nixhl of .thow. Chec~ to be made payable to Bij Wave Internarior~l. inc. It is understood that this £~n:ract is binding on both p~'~ies; it cannot be cancelled except as follows: Big Wave and SPONSOR mutually agree that eilher party may postpone this Contract and all panics shall be relea.~ed from any additional liability of damages hereunder, if Big Wave or SPONSOR isunable to fulfill the terms of this contract due to an Act of God or any other legitimate condition, beyond the control of Big Wave or SPONSOR. If thi'. contract is postponed due to an A:t of God or legitimate condidons beyond the control of Bill Wave or Sponsor, B~g Wave will be paid in full on original contract~ Date and Big Wave will perform gratis on a future agreed upon Date. it is expressly agreed that Big Wave is not responsible for any act of commission or omission on the p~'t of the SPONSOR. In furtherance thereof and for thc benefit of Big Wave, it is agreed that SPONSOR will not name, join orotherwisc look to Big Wave as a party in any civil action or suit a.-ising cut of. in connection with or related to any acts of commissionor pursuit to this agreement by SPONSOR. Without in any way limiting thc generality of the foregoing, Big Wave shall not be responsible for any costa, d~magcs, or other expenses including all production expenses which may be incurrr4 by SPONSOR by reason of any such acts of commission or omission. SPONSOR'S CORR.E.SPONENT: PeggyRuby ~ Mtrketing Special Event Supervisor BUSINESS PHONE: 941.353.0404 HOIV~ PHON~: 941-434-0306 Thc representative of SPONSOR, in signing this Contract, warrants that (s)hc signs ~s a duly authorized representative of SPONSOR. This Contract must be returned to Big Wave International, inc. within Fifteen (15) days of the date 'entered into". Thi~ Contract is governed by the laws of thc State of New York and cannot bc changed except in writing and signed by both panics. DATED. B OA.P,D OF COUNTY COM3/IISSIONF~ ATT'~'T COLLI~ COUNTY, FLORIDA Dwight E. Brock, Clerk Approved as tO Fo,~ciency: Assistant County Attorney Tom Palmer EXECUTIVE SUI~IMARY APPROVAL OF POSITION UPGRADES AT THE GOLDEN GATE AND IMMOKALEE POOL FACILITIES. Objective: To provide safe and sufficient lifeguard coverage to the public at the Golden Gate and Immokalee Comm'anity Pools. Consideration: Lifeguard turnover and scheduling problems exist at the Golden Gate and Immokalee pools that result in difficulty providing the minimally required lifeguard coverage. These issues have reached a point that requires immediate attention. !D_Oj, DEN GATE POOL The Golden Gate pool bas a aaffing problem caused by an increased public demand for programming and scheduling gaps resulting from the type of lifeguard positions that a~ authorized. Previously, the three supervi~ry positions at the pool split work time between lifeguarding duties, instructing courses, and supervising the pool's operations. With the explosion of pool usage (s¢¢ footnote) arid the public demand for more instructional courses, the supervisory staff has. had to spend less time with lifeguard duties and more time instructing courses. The Depam~ent at'tempted to contract instructors, but could not retain them and was required to pa)' significantly more than it did for in-house staff, to teach the same classes. This situation is compounded by scheduling conflicts that result from using part time staff. Most of the part time lifcguards who remain from the summer, can only work between the hours of 3:00 p.m. - ?:00 p.m., because they attend school. This leaves a gap in the schedule between 10:00 a.m. - 3:00 p.m. It is extremely difficult to fill these hours with a part time lifeguard on a regular basis. Out of necessity and as a temporary solution, three of the part time lifeLluards are working 40 hours per week without benefits. This solution cannot be continued as federal law will require the payment of benefits if employees are called on to work a full 40 (forty) hour week. However, without this adjustment, reduced programming or pool hours would have been necessary. IMMOK. AL_ EE POOL At the Immokalee pool, it is difficult to find qualified staff to fill the vacant positions. The Immokalee area has a very limited pool of applicants that possess the necessary lifeguard certifications. In fact, a large majority of ~e community does not swim. Since the Immokaiee pool opened, the staff has been forced to teach Lifeguard / Instructor courses just to create a potential pool of ~pplicants. Unfortlmately, this has not been altogether successful either, as few people who have started the program remained through completion. There is little incentive to learn to, swim, and complete courses to become a "part time" lifeguard when similar paying jobs are readily available without the additional effort. Full time positions with benefits would create the incentive needed to have applicants enter and finish the full Lifeguard / Training program. *Aithough no staffing changes have been made, Pool Revenues which reflect pool usage for the last three years are: FY 93 - $111,443; l:'Y96 - $171,367 (S4% inc.); I:'Y 9'/- $261,'/23 (S3% inc.); FY98 YTD $.66,~145 14% inc.) A~encta I t~m., MAR 1,, If st~ffing issues are addressed in Immokalee, it would have three positive effects. 1.) Overtime cons will be reduced. These savings can b~ applied toward the cost of the proposed position upgrades. 2.) Secondly, supervisory staff w~ll spend less time on the lifeguard stand and more time offering programs that are being requested by the public. And, 3.) Most impor',.antly, a stable and ~11 lifeguard a-'ruff will improve the level of safety at the pool. Experience and ongoing training are kcys to a successful and safe pool. .~l~ifically, t9 re.solve these issues it is being re, commended that 6 fsix)_rcgular full time lifeguard _oositions be created from 6 Csix~ currently authorized temmrarv Ban time positions, and tha_t 8 (eight) tem~rarv _~ time t~sitions be uv_m'aded to rc~lar ~art time ~sitiorl~;. These position changes reflect those needed to accommodate both the Golden Gate and immokalee Pool staffing issues. Growth Management: None Fiscal Impact: The net cost to accomplish thc staffing changes for the remainder of this fiscal year would be $17,700. Current staffing expenditures for part time positions at both pools is $274,400 per year, the cost to have these positions upgraded as proposed would be $292,100. This figure takes into consideration the $35,300 available fi.om vacant positions. While $274,400 would be available from the existing Parks and Recreation budget, $8,850 would need to be transferred from thc general fund reserves (001), and $8,850 from thc unincorporated general fi:md reserves (111). In FY99, the position upgrades at both sites would cost a total of $80,100. This figure is somewhat misleading as it includes retirement benefits, which it has been determined, must be paid for positions whether they are full or part time. As a result, retirement benefits estimated to be $34,500 would be budgeted next year regm'dless of pogition upgrade approval, making the true impact $45,700 for FY99. (These figures exclude 3% cost of living increase and merit bonuses.) Proposed Lifeguard Upgrades 1998 Adopted 98 Proposed 98 + / - Adopted 98 Proposed 98 +/- Salary. $134,568 $136,971 $ 2:403 $t06,693 $109,096 $ 2,403 $ 4,806 -Social Security '$ I0,29~ $ i0,478 $ 184 $ 8,162 $ 8,346 $ 184 $ 368 l-teai~h .~ 0 $ 6,000 $ 6,000 $ 0 $ 6000 $ 6,000 $12,000 Life 5; 0 $ 93 $ 93 $ 0 $ 93 $ 93 $ 186 Worker's ComP. $ 8,209 $ 8,355 $ 1~6 $ 6,507 $ 6,655 $ 146 $ 292 Retirement $ 0 $ 20,115 $20,115 $ 0 $ 15,192 $15,192 $ 35,307 'Total $153,071 [ .$182,012 $28,941 $121,363 [. $145,382 $24,005 '$ 52,959 .vailable in funds;due to vacant .positions i'$20,115) ($15.192) ($ 35,307) .... NET IOTAL $ 8,826 $ 8,826 $17,652 Agen. qa..I ~em I~AR I 0 lgg8 Proposed Lifeguard Upgrades 1999 Adopted 98 Proposed + / - Adopted 98 Proposed 99 + / - Salary $134,568 $142,738 $ 8,170 $106,693 $114,863 $8,170 $16,340 Social SecuriD' $ 10,294 $ 10,919 $ 625 $ 8,162 $ 8,787 $ 625 $ 1,250 Health $ 0 $ 12,000 $12,000 $ 0 $ 12000 $12,000 $ 24,000 Life $ 0 $ 105 $ 105 $ 0 $ 105 $ 105 $ 210 Worker's Comp. $ 8,209 $ 8,707 $ 498 $ 6,508 $ 7,007 $ 499 $ 997 Retirement $ 0 $ 21,134 $21,134 $ 0 $ 16,211 $16,211 $37,345 Total $153,071 $195,603 I $42,532 $121,363 $158,973 $37,610 $80,142 Retirement budgeted regardless of upgrades. ($19,69 I) ' ($ i 4,768) ($34,459) NET TOTAL $ 22,841 $ 22,842 S45,683 Recommendation: That the Board of County Commissioners approve the creation of six regular full time lifeguard positions and upgrade of' eight lifeguard positions to regular part time, and approve budget amendments as necessary. Prepared by: Dcpa,,'tment of Parks and Recreation Reviewed and -//~/,(/~ Approved by: / Mafia Ramsey, Director / Department of Parks and Recreation Jc~m Dunnuck. Operations Coordinator Date: Reviewed and Thomas W. Olliff, AdnS.t~trator Division of Public Services Date: MAR ';.:o8 Pg.~ ~ EXECI.JTIVE SUMMARY RENEWAL AND APPROVAL OF PRE-QUALIYIED LIST OF APPRAISERS AND APPRAISAL FIRMS FOR REAL ESTATE APPRAISAL AND VALUATION SERVICES WHICH THE COUNTY MAY REQLFfRE FROM TIME TO TIME, PURSUANT TO RFP-95-2338. I).,]~,,i~IX~: To approve for County ,use a number of appraisem and appraisal firms which have been pre-qualified by staff fi,rough a review of theix qualifications, their appraisal reports, and through a review of rcferenczs and clients. CONSIDERATION: Real estate appraasers are fi'equently needed by Collier County to estimate the cornt:masation due to property owners as a result of the necessary acquisition of their pro,~rties (or poxtions thereof) for the construction of public improvement projects such as roads, canals, parks, utility facilities, etc. Real estate apprais..,n's may also be needed by the County to appraise the value of County- owned property which is being contemplated for sale or lease. Assignments can range from simple one- dimensional appraisals using only the comparable sales approach, to complex before-and-after appraisal problems involving severance damages and estimates of curative costs, where only a portion of an improved property is being acquired by the County. The purpose of pre-qualifying and approving a list of real estate appraise'rs is to reduce the time and expense associated with the solicitation of bids for each appraisal assignment while still securing the highest qualipy sm'ices available. Each time appraisal services are required by Collier County, all of the appraisers anedor appraisal firms from the appropriate list, and only those appraisers, are invited to submit proposals for s.tn-vice fees and time of delivery. Since implemented in 1987, this process has promoted competition, and has ensured that Collier Count), secures high quality services at reasonable prices. Through a review of the responses to RFP 95-2338 (sample appraisal reports and various qualifications statements), the selection committee appointed by the County Manager developed two lists of appraisers for approval by the Board of County Commfissioners. One list, called the "Eminent Domain List," is made up of those appraisers who bare demonstrated through training and experience a high level of competence in the field of eminent domain appraisal, a very ,tlaecialized branch of the appraisal professicn. The level of competence of those respondent.< placed on the eminent domain list was determined by the select/on committee through a combination of past experiences with the appraisers, arm through extensive follow-up with r~ast clients and others lisxed as references by the applicants. Investment managers, review apprairers, fight-of-way agents, real estate department managers, attorneys and others were interviewed. It is the intent of the Real Property Management Department to utilize appraisers fi.om the Eminent Domain List ;vi~enever public works projects require the partial taking of an owner's property, or when~er the possibility exists that a property will have to be acquired through condemnation. HAR 1 0 1998 While ali of the appraiser~ on both lists are State Certified General real estate appraisers, the appraisers on the "Standard List," have not focused on eminent domain appraisal as a specialty. It is the intent of the Real Property Management Departm~t to utilize the appraiser's on the Standard List for appraisal assigmnents which do not involve partial acquisitions or the threat of~n/nent domain. The~ lists may be ~xpanded from time to time by subsequent Board approval of the addition of other appraisers who make px oper application for a review of their qualifications. The current Board-approved at~rai~ lists will expire on April 10, 1998. The Real ~ Management Depaxtment is recomrn~d~g renewal of the firms named on the attached lists for a one yt,.~x term (from April 11, 1998 through.q ril 999). FISCAL IMPACT: None. GROWTH MANAGE~: None. ]tE.C..O.,MI~:~: That the Board of County Commissioners of Collier County, Florida, renew as "al~roved appraisers" those appraisers and/or appraisal finns named on the Collier County Approved Appraiser Lists for Standard Appraisal Services and En~nent Domain Appraisal Services. PREPARED BY: _~~ ~n He(ax~k,,,~ff~uation C~tor S~dra Taylor, Real ~op~ M~mt Dir~tor Steve C~ell, ~rch~ing Dir~tor Leo E. Ochs, Jr., Supl~' Services Admirtistrator DATE: DATE: ~ - ~. o -~, K DATE: COLLIER COUNTY APPROVED APPRAISER LIST STANDARD APPRAISAL SERVICES (EFFECTIVE APRIL 11, 1998) Accredited Appraisers 1601/'.Da-ion Avenue, Suite 203 Punta Gorda, FL 33950 PHONE FAX 941-63%5890 941-575-8657 Appraisal Research Corp. 4306 Arnold Avenue Naples, Florida 34104 PHONE FAX 941-643-6888 941-64345871 Environmental Science and Engineering 5840 West Cypress Street, Suite A Tampa, Florida 33607 GM Phillips and Company 825 South 'l'amiami Trail, Suite 1 Venice, Florida 34285 PHONE FAX PHONE FAX 813-287-2755 813-28%2722 941484-3569 941484-5497 Hewin, Olson and Associates 439 Northeast 7th Avenue Fort Lauderdale, Florida 33301-1207 PHONE FAX 954-764-5007 954-779-3137 Stewart, Stephan and Bowen, Inc. 1919 Courtney Drive, Suite 9 Fort Myers, Florida 33901 PHONE FAX 941-936-4041 941-936-3141 MAR 1998 COLLIER COUNTY APPROVED APPRAISER LIST EMLNENT DOMAIN APPRAISAL SERVICES (EFFECTIVE APRIL I 1, 1998) Douglas J. Dane, MAI Coastal Appraisal services 3106 S. Horseshoe Drive Naples, Florida Joseph F. Miller, ASA Real Property Analysts, Inc. 1000 South Federal Highway, Suite 202 Deerfield Beach, Florida 33441 Emie Carroll and Raymond Carroll, MAI Carroll & Carroll Real Estate Appraisers 2500 Airart Road South, Suite 206 Naples, Florida 34112 Sewell, Valentich, Tillis and Assoc. 766 Hudson Avenue, Suite A Sarasota, Florida 34236 Paul Roper, MAi Clayton, Roper and Marshall 427 North Magnolia Avenue Orlando, FL 32801-1524 Victor J. Scodius, ASA American Acquisition Group 5600 West Mariner Street, Suite 220 Tampa, Florida 33609 Woodward S. Hanson, MAI Hanson Appraisal Company 2233 Second Street Fort Myers, Florida 33901 Kenneth R. Devos, MAI 6309 Corporate Court, Suite 208 Fort Myers, Florida 33919 PHONE FAX PHONE FAX PHONE FAX PHONE FAX PHONE FAX PHONE FAX PHONE FAX PHONE FAX 941-643-2324 9414)43-1143 954420-5200 954-420-5388 941-775-1147 941-775-2154 941-365-5111 941-365-3781 407-423-0111 407-649-8545 813-287-8191 813-287-8272 941-3344430 941-334-0403 941-437-2245 941.-43%2250 EXECLrrlVE SUbl];IARY APPROVAL OF A BUDGET AMENDMENT TO FUND 516, PROPERTY & CASUALTY INSURANCE OBJECITv'E: To e, eek approval from thc Board of County Commissioners ufa budget amendment to fiznd Property & Casualty insurance claims and aettlernents for the remainder of fizc,~ year 1998. CONSIDERATIONS: The Board of County Commissioners operate~ a ~elf-insured property Nd cag~ty insurance program to fund property and casualty claims. A budget amendment to Fund 516 is sought to provide sufficient funding for the payment ofclaims through the remainder of Fiscal Year 1998. The primary reason for requesting this budget amendment is due to the payment of settlements and judba'nents which have occurred in FY 98 and their related litigation exper~e~. To date, there have been four major cases settled and one case which the county lost at trial. Three of the five sealed in FY 97 with payment due in FY 98. These case~ totaled $234,222 in settlement and judgment costs. In addition, it has been necessary to retain outside counsel in three cases due to conflict of interest and administrative rca. sons which has in ~cr~ased defense costs. Given the fact that it is almost impossible to determine the exact date a case will settle, funds are not budgeted in thc operating portion of the budget for this purpose. Rather, the amount budgeted for claims reflects those funds necessary for the payment of routine claims expenses. Funds are available in Fund 516 Reserves for the payment of settlements as described above. It is recommended that a budget amendment of $300,000 be approved through the transfer of funds from Fund 516 Reserves to Fund 516-121650-645920 (Insurance Claims). This amount will cover the setllernents previously discussed and cover claims expenses for the remainder of the year. GROWTH MANAGEMENT IM?AC2': None. FISCAL IMPACT: Funds are available from Fund 516 as follows: ~Code Title Current Budget Inc2Dec. Amended Budget 121650--645920 Insurance Claims 250,000 300,000 550,000 9' 9010-996400 Reserves 1,173,500 (300,000) 873,500 The Board of County Commissioners appropriates reserve~ expressly for the payment of claims and settle,nent COSTS. No. /.~-.-"?~ HA.R 10 1998 RECOMMENDATION: It ia recommended that the Board of County Comm/ssiona-a approve the at~ched budget amcndmc, nt to Fund $16. /Jeff walker, CPCU, ARM, Risk Managemc"nt Director Leo E. Ocha, Jr., Suppg~ Sen'Vices Administ~o~ - BUDGET AMENDMENT REQUEST For B~gt~Hn,l~t U~ O. ly FUND Ti'i LE Property and CasualD, Insurance Date preptred: 2/24/98 BCC Agenda date if previously approved. FUND NO. 516 Attach Executive Summary Item No. J IProperty and Casualty Insurance Cost Center Title EXPENSE BUDGET DETAIL 121650 Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget '645920 Insurance 300,000 250,000 550,000 Claims TOTAL 300,000 Property and Casualty Insurance Cost Center Title II919010 ]Cost Center No. IProject Title Project No. l]ReVt;ed Budget [873,500 Expenditure Object Code 996400 Expenditure Title Reserve for Property/Casua ity Claims Increase l(Decrease) [(300,000) CUrrent 'Budget 1,173,500 TOTAL (300,000) 1998 Cos~t Center Title Revenue Object.._~Code ~ . ?VENIRE BUDGET DETAIL Cost Center No, Revenue Title ~e (Decreaze) Budget Budget TOTAL '" EXPLANATION Why, are funds needed? Funds are necessary to cover the cost of settlements and Judgements which have been paid In FY 98. The payment of these settlements and Judgements have depleted the Insurance Claims portion of the budget Where are funds available? Reserves REVIEW PROCESS Cost Center Director: Budget Department: Agency ~anager: Finance Department: Clerk of P, oard Admin.: Input by: _~ B.A. No.: MAR 1 13 1998 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OI]JECTIVE: That the Board of Count,/Commissioners adopt a Resolution apProving the Satisfaction of Liens for certain residential accounts where the County has received Payment In full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, FlOrida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Collier County Orainance No. 90-30, as amended, provides that Satisfaction of Liens shall De approvea by Resolution of the Board of County Commissioners. The attached Resolution lists the 15 accounts that have paid in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $94.50 which is to be charged to ACCount No. 510-102030-649030, Department of Revenue Special Assessments account. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 15 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 15 Satisfaction of Liens for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. am/Callis, Revenue SLi~er'Jisor , ~e_ hue Services Department Reviewed by./,~//,~./~ ~',/~'-'-----~ Date: ~ "/2_:~ , esa A. Rlesen, Revenue Manager Revenue Services Department JdhR A. Yonkb~y, Dir~t~ -- ' ~evehue Serw-it'e~ Depa-~ment Leo Ochs, Jr., ./~lnlstrator Support Servic,/e~ DlVls-i~i~ Date: AR ! 0 1998 RESOLUTION NO. 98 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 11 14 16 17 18 19 20 21 22 23 24 26 27 29 31 32 34 36 37 40 42 4.4 46 47 VVHEREAS. pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for tho delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid Jn full. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes f~JI1 payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a hen had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts iden:ified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of Coumy Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 9603 Account No. 10058 Account No. 16353 Account No. 21005 Account No. 43708 Account No. 43753 Account No. 45706 Account No. 47607 Account No. 59750 Account No. 85809 Account No. 71602 Account No. 76652 Account No. 78155 Account No. 78906 Account No. 86008 I 2 4 7 8 9 Iu 11 12 14 16 18 19 TI.is Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: County Atlorney day of ,1998 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OaJIICTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. CONSlDEEATION$: Resolution NO. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. ReSOlution NO. 94-668 was recorded on September 19, 1994 In Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier Count'F, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 45 accounts that have paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satlsfaction of Lien and the Resolution is approximately $280.50 which is to be charged to Account No. 510-102030-649050, Department of Revenue Special Assessments account. GROWTH MANAGEMENT IMPACT: None RECONIMENiOATION: That that Board of County Commissioners adopt the attached Resolution approving the 45 Satisfaction of Liens on the accounts listed in the Resolution and authorizing the Chairman to sign the 45 Satisfaction of Liens for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. Pam Call[s, Reven~-~]~per¥isor R~ Services Department Reviewed by'://~Z~~,~---------'"-~ Te~e~ A. Riese'n, Revenue Manager Date: Revenue Se~ices DeD~ent ~Ohn%~yonkos~,.~rector ~ Date: .. 2evenue Se~lces Depa~nt Approved by: ~ .:. (~ Leo-OC~, - Jr., Administrator ' Suppo~ Se~lc~ Division 2 3 4 6 ? 9 10 RESOLUTION NO. 99 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 25 29 30 3~ 32 33 3~ 36 37 39 40 42 46 49 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of Count, Commissioners on September 19, 1994 adopted Resolution No. 94-668 aUthorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessment5 for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record In the Official Records a Satisfaction of Lien on all account5 that have been pald In full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai: pursuant to Collier County Ordinance NO. g0-30, as amended, the Board recognizes full Payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following account5 numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the account~ identified herein. The Satisfactions of Lien a~ached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to Sign on behalf Of the Board Of County Commissioners, and the Clerk Is directed to record this ReSOlution and these Sal:isfactions of Lien individually in the official records of Collier County: Account No. 356 Account. NO. 2451 Account NO. 11808 Account NO. 13453 Account NO. 14559 ACCOUnt No. 14850 Account NO. 24303 Account NO. 38551 ACcount No. 44008 ACCOUnt NO. 47856 Account NO. 50953 Account NO. 52757 ACCOUnt NO. 54454 ACCOUn~ NO. 55602 Account NO. 55903 Account No. 56054 ACCCUntNO. 59750 Account NO. 60406 Account No. 60707 Account NO. 62051 Account NO. 65605 Account NO. 68903 Account No. 70153 Account No. 76102 Account NO. 86053 Account: No. 89157 Account No. 89254 Account NO. 90706 Account NO. 99655 Account NO. 104456 Account NO. 105057 Account No. 108258 Account No. 108957 Account NO. 113858 ACCOUnt NO. 119250 ACCOUnt No. 121358 Account Nc. 121853 Account NO. 122852 Account No. 123903 Account No. 125406 ACcount NO. 142557 Account NO. 146951 Account No. 1~.X~604 Accounl: No. 152709 Account No. 152903 This Resolution adopted second and majorib/vote. ~0 3! 32 33 34 36 37 38 39 40 41 43 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Welgel ' County Attorney this day of , 1998 after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA 8. BERRY, CHAIRMAN motion, MAR 1 0 1998 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMEHTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution ~ the Satisfaction of Liens for certain residential accounts where th~ County has receh,~ payment in full for the 1993 Solid Waste Collection and Disposal Services Special Asses~ts. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording o[ the list of 1993 delinquent Solid Waste Co~ and Disposal Services Special Assessments and a mailing of a written notice of the impositior~ of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 57 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAl. IMPACT: The fiscal impact for recording the Satisfacti~)~ of Lien and the Resolution is approximately $352.50 which is to be charged to Account No. 510-102030-649030 Department of Revenue Special Assessments &ccount. GROVCTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 57 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 57 Satisfaction of Liens for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. Approved by: .. Pam Callis/.Revenue S~rvices R.ave./~ Services Department Reviewed by: /TCe~ A. Riesen, Revenue Manager Revenue Services Department Reviewed by: " : Jchn- R,;ven e Services Leo Ochs, Jr., AdminiStrator Support Services?i~ion Da,e. RESOLUTION NO. 98- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance NO. 9C~30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resoltitlon No. 94-694 authorizing the recording of notices of liens for the dellnquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance NO. 90-30, as amended, requires the Board to approve by Resolution and record In the Official Records a Satisfaction of Lien on all accounts that have been paid In full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the 8oard recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts Identified herein. The ~atisfactions of Lien attached hereto reierencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to s~gn on be,~atf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier COunty: Account NO. 314 Accounl: ~'~o. 398 ACCOUnt r~lo. 521 Account NO. 903 ACCOUnt fJo. 2082 Account NO. 2383 Account NO. 2710 Account No. 3641 Account No. 4161 ACCOUnt NO. 4190 Account NO. 4666 Account NO. 58~3 Account No. 7773 ,~ccount NO. 8853 ACCOUnt No. 96~:) Account No. 10401 Account No. 10799 Account No. 11578 Account NO. 11730 Account NO. 12302 ACCOUnt NO. 12360 ACCOUnt No. 12386 I 4 6 7 9 10 I1 ~3 14 15 16 17 ~9 21 23 26 27 28 32 33 34 37 3~ 39 40 48 49 ~2 Account NO. 13534 Account NO. 14216 Account No. 15448 Account No. 17750 Account No. 17941 Account No. 17954 ACCOUnt NO. 18047 Account No. 19761 Account NO. 19978 Account No. 20640 ACCOUnt No. 20860 ACCOUnt NO. 21089 Account NO. 21416 Account No. 21461 Account NO. 21539 ACCOUnt NO. 22732 ACCOUnt NO. 22745 Account No. 23582 Account No, 23731 Account NO. 24387 Account No. 24837 Account NO. 24895 Account No. 24950 Account No. 25470 Account No. 26178 Account NO. 26217 Account No. 28105 Account NO. 282?3 Account No. 28820 Account No. 29052 Acco,Jnt NO. 30054 Account No. 306018 ACcount NO. 306173 Account NO. 306306 Account NO. 848 This Resolution ac~optecl this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: County Attorney __ day of , 1998 after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN motion, EXECLrFIVE SUMMARY APPROVAL OF PURCHASE OF A CHILLED WATER PUMP FOR THE MAIN GOVERNMEN-F COMPLEX. f~~_.V.V~: To p~chase and install a 75 H.P. pump for the main government complex. CONSIDERATIONS: There is an mediate need for a 75 H.P. pump for the main government complex's chilled water system that services all of the air conditioning systems. Staff had planned to include this piece of equipment in the 1998-99 Capital L-nprovment submission but the system has reached its capacity and is not supplying the proper chilled water to the buildings. There has been a recent challenge in supplying on- campus buildings with chilled water, particularly the Jail and thc Tax Collector's Building. The new pump will increase thc capacity of the chiller water which will also assist in adequate capacity to operate the new dehumidification equipment being installed on the 5'", 6"', ? and 8~ floors of the Administration Building. The present pump is only 45 H.P. The installation will need to be completed immediately in order to accommodate the equipment being installed in the Administration Building. Due to the time needed to order and install thc pump, staff is requesting a waiver of the regular bid process and award this purchase on thc basis of three quotes. Three reputable firms were contacted and summitted thc following quotes: Wcntco Inc. 529,300.00 BI Contractors Inc. 31,531.00 S. L. Page Corp. 51,586.00 Wentco Inc. provided the Iow proposal at $29,300.00. Thc quote includes the pump, a vahable speed drive, piping, electrical work and installation.. FISCAL IM. PACT: Thc Board approved $112,000 for the purchase of the dehumidification units in FY 97-98 Capital Budget 301-120435-80504. Duc to a very competitive market, the cost of the dehumidification equipment for the Administration Building and the Immokalec Cour;house was lower than expected. There is sufficient funds remaining in ti'tis cost center to purchase this pump. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board waive the normal bid process, allow the excess funds in capital project 301-120435-80504 to be used to enter into an agreement with Wentco Inc. to purchase and install the 75 H.P. chiller pump and authorize the Chairman to execute the agreement after review by the County Attorney's Office Executive Summar.¢ Chlll~.d Water Pump Pzge Two Department of Facilities Management Skip Camp, Director D..~artment of Facilities Management S{eve Y. ~amell, DJ(rector Purchasing Department DATE: I.~ r..~ Ochs, Ir., Ad~inisir/(tor Support Services Divisioff DATE: f ~NOA Z?l',[..,pl '] i HAR 1 0..,I998 [ .WENTCO INC. 3861 Edwards Srre~! FORT MYERS, FLORIDA 33916 (941) 694.2700 Fax (941) 694-a576 70 :' HAT~RIAL ARD LABOR REQUIRED TO ~D[ ~.~ INST~C A N~ 75 HP P~ ~ ~T~. ~ A. NE',T PI.D~ bt/TH ~TARTER -- (CONSTA~JT SP£HDJ $19,000.00 a. ~EW F*dl~ W'/?R VA~IABLS SP$£D DRIVE. $29,300.00 Z¢~ro Poy~onr r~o tM ~ ,tS Iollow~: lOOt UPO~ CT, MPLETION 0ACCEmTANC£ OF PROPOSAL --'r~ ~bo~o ~4~s. FE~-24-98 ?UE 12'35 ~ P. I S.L. PAGE c,._ February 22, 1998 Scotty Collier County Oovemment Off, ce of' Caphal Proiects 3301 Tamiami Trail East Naples, FL 33940 Re: 75 HP pump and variable speed drive Dear Scotty: We are pleased to offer our lump sum proposal to furnish all labor, materials, supervision, insurance and construction, aids to complete the HVAC work on the above referenced project. S. L. Page acknowledges no receipt of addendum. Our work scope shall be in accordance with the following and as further stipulated herein. .. Work Scope: Provide and install one (1) 75 HP pump, 2725 GPM'-80 fi. head, 68.8 BHP, 480/3. Provide and install one (I) variable speed drive I'or above pump. Tie in above pump to existing gy~tem of chiller planl. Externally insulate associated piping. Exclusions and clarifications: I. No painting. 2. No electrical work. 3. No test and balance. 4. No chemical treatment. We will complete all HVAC work as stipulated hereiu for the lump sum of: $ 51,586.00 .... Base Bid We trust that our proposal is complete, however should you have any questions, please do not hesitate to contact us. This proposal is valid for 30 days, and based on current site conditions can be of any further assislance, please fecl free to call Sincerely, S. L. Page Corporation, Inc. Steve Page -~^..~r[. I NAR 1 998 l._?_~:_. I Phon~: (941) 332-4846 Fax: {$41) 332.5928 CMCO 5~5 CFCO 54S77 ECOa1 lo0 I, IAtNTENANCE -- ESTABUSHED 1960 ~ SERVICE wE I~uEvE TH[I:~ IS NO SUBSWITUT£ YOR "COURTESY - QUALITY - SERVICE" 2701 PRINCE STREET FORT MYERS. FLORIDA 3391fe PROPOSAL February ! 9, ! 99~ To: Collier County Government Admin. Service Div. Attn: Scotty Fax: Project: Central Plant Pump Addition We hereby submit a proposal for the IIVAC Work as described to us during a job site review and the pump selection per the analysis performed by Johnson Controls. The pump selected to be a 75 HP @ 2725 GPM, 80 fl hd. Total Bid 5; 31,531.00 tlVAC Scope Includes the Following: 1. Form and pour support pedestal for new pump. 2. Deliver and set new 75 HP pump in place on new pad. 3. Pipe new pump as required from thc point of exisTing future taps. 4. Mount VFD for pump control. 5. Supply a disconnect bucket for the motor control center. 6. Wire fi'om disconnect to VFD to motor as required. 7. Insulate all new and disturbed chilled watcr piping. 8. Cl~..x:k, test and start ncxv pump. General Notes: 1. All work to be done during normal working hours except for critical shut downs. 2. Ifyou want to use a disconnect with a motor starter in place of thc VFD deduct $5,600.00 from Ih,.: pficc shown abovc. 3. This proposal max' bc withdrawn by us ifnot acccpted within thirty (3t)) days. 4. Control de-in for VFD bx' others. 5. Warrant'v shall be onc ycar on all ncxx i~cms install and supplied. Respectfially Submitted, cc: Bid File, SRV T MAR 1 O 1998 EXECUTIVE SUMMARY APPROVE UPDATED MARKETING TECHNIQUES FOR THE SALE OF COUNTY-OWNED G.A,C. LAND TRUST PROPERTY CONVEYED BY AVATAR PROPERTIES INC. (AGREEMENT DATED NOVEMBER I 3, 1983). .O.B. JECTIVE: Approve marketing techniques for the sale of County-owned G.A.C. L~nd Trust Property conveyed by Avatar Properties Inc. (Agreement dated November 15, 1983). CONSIDERATION: On November I5, 1983 Avatar Properties Inc., f/k/a G.A.C. Properties Inc., end Collier County entered into an Agreement to convey 1,061.5 acres of property in Golden Gate Estates to Collier County. Said Agreement was recorded in O.R. Book 1051, Page 492. On Apdl 5, 1988, the Board of County Commissioners approved the initial marketing procedures for the sale of the Golden Gate Estates property. Thereupon the Real Property Management Department has been actively marketing the property. On July '~3, 1996, the Board of County Commissioners approved the recommendation made by the Golden Gate Estates Land Trust Committee wherein the Committee would no longer be required to approve Purchase Agreements, provided that each contract met the minimum 90% of market value criteria, which is outlined in the 1983 Agreement. The reason for the Committee's recommendation was to streamlir, e the approval process thus resulting in more timely closings. Since the time of the initial adoption of the marketing procedures and the July 16, 1996 revision, staff of the Real Property Management Department has again reviewed the procedures and has obtained comments from the Golden Gate Estates Land Trust Committee. The recommended revisions to the marketing procedures, approved by the Golden Gate Estates Land Trust Committee on February 23, 1998, are attached for review and ~pproval. The major changes are that those appraisals required pursuant to the 1983 Agreement shall be submitted via an Agreement for Apprsisal Set,rices and presented to the Board of Count,./ Commissioners under a separate agenda item when needed. The current Appraisal Agreement shall expire in December 1998. The other maior change addresses the deletion of a five (5%) percent commission fee to be paid to the selling office of a real estate brokerage firm. In 1988 the payment of a ,~.,% commission was to serve as an incentive to local real estate broker~ (firms) to assist in the marketing the GAC lands to the public. Over the years, staff has encountered several e~ective marketing strategies which have included the placement of "For Sale" signs on available property, mail outs to property owners who already own land adjacent to the available property, and classified advedising in local newspapers. In recent months, County staff has been contacted by general (residential) contractors wishing to purchase lots for resale an~or for the construction of spec homes. In ~;ome cases these contractors utilize their own licensed re:al estate status to collect the 5% commis,.ion thus resulting in a sale of subject GAC property at 8.5% of market value. Since Collier County is not required by law to pay a commission fee and the 5% commission is not being utilized as it was originally intended, staff is recommending the 5% commission provision be deleted from the initial marketing procedures. Staff shall continue with its effective methods in generating sales for the GAC Land Trust. In addition, the current policy provides that the GAC Land Trust Fund pay the Real Property Management Department an administration fee ($25.00/no closing, $50.O0/closing) to process the land transaction. Staff contacted a local Title Company to determine their fee to perform a typical dosing. Staff was advised that based upon the complexity of the closing, the fee could range from $75.00 to $200.00. Once interest is shown by a prospective Buyer, staff spends time in research (determining whether the lot is buildable or non-buildable) and document preparation in order to proceed with the anticipated sale. Based upon staff's costs and the complexity of each assignment, staff recommends that a processing fee in the amount of $50.00 be paid by the prospective purchaser at the time the initial offer is made instead of from the GAC Land Trust Fund at the time of closing. Staff shall reserve the right to increase this fee if warranted. In summary, to remain cost effective, maximize the revenue to the Trust and remain consistent with the intent of the 1983 Agreement, staff recommends that the marketing procedures as outlined on the attached Exhibit "A" be approved and implemented. Staff currently has two (2) outstanding Purchase Agreements which contain the provision that a 5% commission fee be paid. Staff is recommending that the 5% commission be honored for these two (2) Purchase Agreements only (Unit 71, Tract 29 and Unit 195, Tract 135), dated pdor to March 1, 1998. Any and all future Purchase Agreements presented to the Board of County Commissioners Chairman for execution shall not contain any provision providing for a payment of a real estate commission and shall require a $50.00 processing charge. FISCAL IMPACT: All proceeds from the lot sales are deposited in the G.A.C. Land Sales Trust Fund 605-122390-364220/Surplus Land Sales. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the attached marketing procedures for the sale of County-owned land in Golden Gate Estates. Toni A. Mot't, Real~y SpeCialist , REVIEWED BY: San-dra I. Taylor, Real Prop~rt'~Managemen~ Director DATE: REVIEWED BY: Leo E.-Ochs, Jr., Sup~/~ervices Administrator MAR 0_, 1998 EXHIBIT "A" G.A.C. LAND SALE MARKETING TECHNIQUES That the lands in Phases I through V be advertised for sale in local newspapers, letters be mailed to adjacent property owners, "For Sale" signs be placed on various lots and any other typical methods as may be determined by the Golden Gate Estates Land Trust Committee and County staff. That Collier County accept Purchase Agreements for the purchase of said property. It was addressed in the April 5, 1988 executive summary that the County Attorney has determined that the bidding procedure for surplus County-owned lands as set forth in Flodda Statute Chapter 125 is not applicable in this situation. These lands are held in trust for the Golden Gate residents and are to be used for specific purposes. The Agreement through which these properties were transferred to Collier County, also set forth provisions for marketing the lands. Due to the uniqueness of this project, the properties may be marketed on the open market without having to advertise for sealed bids. o The 1983 Agreement stipulated that offers must be within 90% of market value. To streamline the approval process and to result in more timely closings, the Golden Gate Estates Land Trustee Committee will no longer be required to approve Purchase Agreements, provided that each Purchase Agreement meets the minimum 90% of market value criteria. The Golden Gate Estates Land Trust Committee may be called upon to address any unusual circumstances. Upon receipt of an offer, staff shall determine if the offer is .reasonable by utilizing it's annual property valuation sheet indicating estimated market value. Upon receipt of a Purchase Agreement, the required minimum ten (10%) percent deposit, the appraisal fee and the processing fee, staff will obtain an appraisal on the property referenced in order to determine whether or not the offer is at least 90% of market value as required in the 1983 Agreement. A letter will be sent to Avatar Properties Inc. advising them of the Purchase Agreement so they may exercise their first right of refusal as provided for in the 1983 Agreement. Staff shall prepare an Agreement for Appraisal Services for acceptance by the Board of County Commissioners to satisfy the appraisal requirement pursuant to the 1983 Agreement, when needed. Upon receipt of the appraisal and response from Avatar Properties Inc., County staff will proceed with closing procedures on each Purchase Agreement. The buyer ¥,411 be responsible for all closing costs, including the cost of any and all appraisal(s). Appraisal fees shall be determined in the Agreement for Appraisal Services. Proceeds from all sales shall be deposited into the G.A.C. Land Sales Trust Fund 605- 122390-364220/Surplus Land Sales. Initial deposits are held in account 605-B/S- 220030/Refundable Deposits and shall be transferred to account 605-122390-364220 at closing or any other appropriate accounts as may be determined through the County's Finance Department. Prior to the actual closing for each property sold, the Real Estate Sales Purchase Agreement and Statutory Deed shall be reviewed by the Real Property Management Department, the County Attorney's Office, and then executed by the Chairman Q/_the Board of County Commissioners pursuant to the annual blanket resolution approved ly tl~.E~.,.d,~."--I_ __ of County Commissioners at the beginning of each year.J I'HAR 1n 199il i I ,,:_?, ,_ _J EXECUTIVE SUMMARY AWARD BID NUMBER 98-2772, "TRANSMISSION OVERHAUL EXCHANGE ON AS350 B2 IlELICOPTER", TO AZZMAC HELICOPTER CENTER. OBJE ,CTIVE: To obtain overhaul/exchange pricing on the major transmission components on the county helicopter. ~'ONSIDERAT!ON$:_ On January 6, 1998, bid invitations were sent out to forty nine prospective vendors to overhaul/exchange the helicopter transmission which is due for overhaul circa April 1998. At bid opening on January 28, 1998, three bids were received. (Bid Tabulation attached). Each vendor was asked in the bid invitation to identify a lump sum exchange price with no "bill backs". Azzmac Helicopter Center tendered the lowest bid of $56,000.00. FISCAL IMPACT:_A total of $60,000 was budgeted in the FY 98 EMS Impact Fee budget for major component overhauls. $40,800 has been expended to date. An additional $56,000 is required to overhaul/exchange the helicopter transmission. In total, $36,800 will be needed from EMS Impact Fcc Fund Reserves 350-919010. A budget amendment will required. ..GROWTfl MANAG..EMENT IMPACT: None R ECOMM ENDATIO.N:~ That the Board of County Commissioners award Bid Number · 98-2772 to Azzmac Helicopter Center in the amount of $56,000.00 to overhaul/exchange the helicopter transmission and approve the necessary budget amendment.. PREPARED By'~~"'x.'~ ~ ,~.~/,Bolton, Ch~';fPilot DATE: q','%.,,.~, ,q, I'~:~ Diane B. FJ'h.gg, Chief t - Emergency Services Department ~rcctor DATE: 3 REVIEWED BY: Purchasin~General Services L,c'6~ Ochs, Administfatdr Support Services I~v~on AR 1 0 1998 ,-z---__ ] TABULATION FOP. BID ~98-2772 O"Tra~'missio'~ Over~ul/~xcha~ge on AS 350B2 Helicopter" [NVITATIONS SENT TO: 49 Vendors POSTING DATE: I-4-98 OPENING DATE: 1-28-98 1. Lump ~ exchange price on or, e AS 350B2 helicopt~' tr~mmi~ion with NO "bill halo" lo Jz~clude the following A. Bev~! R~uction Gctx B. F. picyclic l~duction gm' C. Oil Pump D. Rotor Brake To~ ~ 2. F.O.B. Dest~ation f~ight charges for shipping exchange unit to Naples, Florida Total Cost 3. warranty period on the exhanged transmission in mon~s:'yeafs a~d flight hou~ Month.~ear~ Flight Hours Total Bid Price .C~O hfs s"'o o hfs / $ Promp: Payment Terms: Addenda Acknowledged: "No Bids" received from: ( % /~" days , ~- % 4,c'' days Net ~0 days Net ~0 days YES . NO __YES ,NO WITNESS: % days % Net, ~0 days Net 30 ~ YES .... NO YES days days NO AWAJ~D PROCEDURE: Copie~ of,ri Proposa/s s~d Tabul~io~ for this bid have bee~ forwnrded to the initintin~ del~a~'nent. A.q~r proposals sr~ evaluated, the r~,comm~dation of awa,-xl will be I~ted (.typically on Wcdnesda~ ~ Thursday) ou~ictc Ibc offices of the Purchssing Department, prior to ~e prese'nta~ion of award to ~e Board of C~,unr.,' Commissioners. Pardcs tnlgrgs~.d in cbc ~ of l,~c award process may contact t~e P~.~.hasing Department at 941/774-8425 to via'if)' the official s~a~us of each co~tract Subs~u~ to award, the awa,-d~ will be notifmd by release ora p~¢hase ordcr or receipt ora con~c~ for HAR I APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES O ,I~JECTIVE: Recommendation that the Board of County Commissioners acknowledge full payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. CONSIDERATION,~: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Flodda, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: 1. Richard K. Bennett, secudng the principal balance of $1500.30 plus accrued interest. 2. Jeffrey & Lora Black secudng he principal balance of $1260.05 plus accrued interest. 3. F. Donald Corbin securing the principal balance of $1500.30 plus accrued interest. 4. Laurel L. Christensen securing the principal balance of $1465.00 plus accrued interest. 5. Diversified Equities Limited Partnership securing the principal balance of $1500.30 plus accrued interest. 6. Howard Robert Eiter securing the principal balance of $1500.75 plus accrued interest. 7. Eva S. Giddings securing the principal balance of $1259.66 plus accrued interest. 8. George Greenting securing the principal balance of $1500.75 pluss accrued interest. 9. James J. & Ma~' Margaret Gruszka securing the principal balance of $2363.18 plus accrued interest. 10. Julia laconnelli secudng the principal balance of $1500.30 plus accrued interest. 11.James A. & Katherine L. Konar-zewski securing the principal balance of $1500.75 plus accrued interest. 12. Elizabeth B. Crews Lamb secudng the principal Balance of $1500.75 plus accrued interest. 13. Gregory A. Jackson & Kathryn M. Randall secudng the principal balance of $1500.30 plus accrued interest. 14. Robert J. Larson & Marianne Larson securing the principal balance of $1500.30 plus accrued interest. 15. Hauke Lorenzen securing the principal balance of $2363.90 plus accrued interest. 16. Hauke & Diane Lorenzen secudng the principal balance of $1500.75 plus accrued interest. 17. Stephen W. & Jennifer K MacAlister secudng the principal balance of $2259.09 plus accrued interest. ' 18. Craig E. Miller secudng the principal balance of,$1597.60 plus accrued interest. 19. Juan L. Oviedo secudng the principal balance of $1960.00 plus accrued interest. 20. Jeffer:/& Kimbedy R. Page securing the principal balance of $1259.66 plus accrued interest. 21. irma Rita Perkins securing the principal balance of $11,200.00 plus accrued interest. 22. Ruth Pierce secudng the principal balance of $1741.80 plus accrued interest. 23. Timothy Quinn & Vincent McGivney secudng the principal sum of $1500.75 plus accrued interest. 24. Emilio Jose & Gladys Roddquez secudng the principal balance of $1500.30 plus accrued interest. 25. James F. & Priscilla Spade secudng the principal balance of $1340.00 plus accrued interest. 26. Richard M. Treiser securing lhe principal balance of $1500.75 plus accrued interest. 27. Dale R. and Theresa Waller secudng the principal balance of $1500.75 plus accrued interest. 28. David C. & Sheila T. Quinn secudno the principal balance of $2240.00 plus accrued interest. ~ Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. ~.M, PACT: Payment in full of these Agreements increases the cash flow in the County's water impact fee fund by $0.00 (Account No, 411-273511-343336) and the sewer impact fee fund by $53,392.29 Account No.(413-263611-343560) G. ROW'I'H MANAGEMENT IMPACT: None J~.Cc_O_..~.~N__.DAT!ON_: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. A, uthodze the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment~later and/or Sewer System Impact Fees. Prepared by: Gary Mor/~co~Accounting Technician Date: Departnl'ent of Revenue J._ofl~onkosky: ~or Depar~ent of Revenue' Leo Ochs Jr., Adrffini~rator EXECUTIVE SUMMARY REQUEST FOR TItE BOARD TO ADOPT THE ACCOMPANYING RESOLUTION APPROVING THE TRANSFER OF WASTEWATER CERTIFICATE NO. 06S FROM ROOKERY BAY IfI~LITY COMPANY, INC. TO ROOKERy BAY SERVICES, INC. FOR THE CONTINUED PROVISION OF WASTEWATER SERVICE TO THE APPROVED SERVICE AREA, AS RECOMMENDED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. OBJECTIVE: To approve the transfer of Wastewater Certificate No. 06S, previously issued to Rookery Bay Utility Company, Inc., to Rookery Bay Services, Inc. CONSIDERATIONS: Rookery Bay Utility Company, Inc. (RBU) is the holder of Wastewater Certificate No. 06S, issued by the Board of County Commissioners (Board) on October 15, 1996. Thc utility provides sewer service to some 2,700 customers in the general area south of US 4I and east of CR 951. The County provides water service in this area. On Februar-y 10, 1998, a joint application for transfer ofwastewater certificate was filed with the Office of Utility Regulation on behalfofRBU and Rookery Bay Services, Inc. On Febnaary 11, 1998, during a meeting of the Collier County Water and Wastewater Authority (Authority), it was determined that the application met the minimum filing requirements pursuant to Ordinance No. 96-6 (The Utility Regulation Ordinance). The Authority directed staffto advert/se and schedule a hearing before the Authority for February 23, 1998. On February 23, 1998, the Authority held a duly advertised hearing to consider the application, the record, staff report, testimony of the parties, and public comment. Although the Authority acted in its capacity as the fact finder in this action, final approval of a transfer of certificate rests with the Board. The Authorlty's resulting order, Preliminary Order No. 98-1 and supporting documentation, cited as "Attachment A' to the proposed Resolution, ts on file with the Office of Utility Regulation ('Bleu Wallace - ext. 7146). The Autl>ority established its findings of fact and conclusions of law in formulating its recommendation to the Board. The Authority considered the following: W'hether the application meets minimum filing requirements. Whether the application is made in good faith. " Whether the transferee has sufficient resources to serve the area for wt sought. · Whether the transferor utility is in ~gulatory compli,-mce. '"' ./.4 I * The known and projected economic impact on the utility's customer base and future rates, fees m~d charges. * Whether the application conflicts with the County's Master Land Use Plan, including capital improvement el-,~'nents. · The Authority may establish the then existing rate base for a utility in its Preliminary Order to a~rove a sale, assignment, or transfer th~cof. · At its discretion, the Authority md/or the Board may hold a public hearing to consider a completed application for any such transfer. · Whether the transfer is in the public interest. At the close of the hearing on February 23'~, the Authority issued Preliminary Order No. 98-1, recommending Board approval of the transfer of Wastewater Certificate No. 06S from RBU to RBS, establisl-fing estimated rate base as of December 31, 1997, and confirming no change in the current service area or current rates. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION:/T~at the Bpa,-d approve the A,uthority's recommendation by adopting the accompanyi~, rj~solutioj~ with the Authority s Preliminary Order No. 98-1 at Attachm~t A. /, I .e / ,, PREPARED By :~~?~-d~...-.--~ DATE: D./E. "Bleu" Wallace, Manager, Office of Utility Regu~ REVIEW'ED BY :.. ~}~.,0 ~, (*. p~-'~ DATE: ~. "'~"~ff Thomas C. Palmer, Assistant County Attorney Micha~el A. McNee~,, Assistant County Administrator MAR 1 6 7 9 10 16 17 lB 21 29 3O 31 33 34 3~ 36 37 39 40 43 46 47 ~0 ~3 $6 ~7 6O RESOLL'T1ON NO. 95- A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION i-19, COLLIER COUNTY ORDINANCE NO. 96.-6, APPROVING THE TRA~SF'ER OF WASTEWATER CERTIFICATE NO. 065 FROM ROOKERY BAY UTILITY COMPANY, INC. TO ROOKERY BAY SERVICES, INC., ESTABLISHING A RECOMMENDED RATE BASE AS OF DECEMBER 31, 1997, WITH NO CHANGE IN SERVICE AREA OR SERVICE RATES, AS RECOMMENDED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. WHEREAS, Resolution No. 96-104 ~xcluded Collier County fi'om the provisions of Chapter 367, Florida Statute. r, thereby assurMng certain ~bjeet manet jurisdiction over non-exempt water and wastewater utilities operating in unincorporated ~eas of Collier County; and WHEREAS, Ordinance No. 96-6, as amended, established the Collier County ',,Valet and Wastewaler Authority (AUTHORITY) and specific powers and duties; and WHEREAS, on October 15, 1996, the Board of County Commissioners granted Rookery Bay Utility Company, Inc. Grandfather Cerlificate No. 06S for the continued pro¥i<ion of wastewater ~eatrnent set, ce in specific unJncorperated areas of Collier Count,/; and WHEREAS, Ordinance No. 96-6, as amended, provides a process for utilities under local jurisdiction to file an application for transfer of water and/or wastewater certificate, facilities, or control; and WHEREAS, on February 10, 1998, a joint application for ~'ansfcr ofwastewater cerlJficale was filed by Rookery. Bay Utility'Company, Inc. (TP,.KNSFEROR) and Rookery Bay Services, Inc. (TRA.N'$FEP,.EE), more particula, rly de<ribed at Attachment "A." and incorporated herein; and WHEREAS, on February 23, 1998, thc AUTHORITy held a duly advertised hearing to consider s~fd application, the record, staffreport, testimony of thc TRANSFEROR and TRANSFEREE. and public comment; and WHEREAS. the AUTHORITY established findings of fact and conclusions of la,.,.' pursuant {o Ordinance No. 96-6, as amended, in formulating its recommendation to the BOARD; and W'IiE REAS, the AUTHORITY issued its Preliminary order No, 98-l, incorporaled herein as Attachment "A", recommending that the BOARD approve the transfer of Wa. ste,,,,'ater Certificate No. 06S fi.om TRANSFEROR, Rooker-,/Bay Utility Company, Inc.. to TRANSFEREE, Rookery Bay Services, Inc., establishing an estimated ra:e base of $224.500 as of December 31, 1997, v4th no change to the current v,'astcwater service =,'ca or r4tc tariff. NOW, THEREFORE, BE IT RESOLVED by Collier County, Florida, that: thc Board of County Commissioners of ]. The AUTHORITY'S Prclimina..-y order No. 98.1. including the findings of fact and conclusions of Jaw, is hereby ,~pproved and adopted by the Board of County Con ,Jssioners. 1 2 4 6 ? 8 9 10 11 12 13 14 16 17 18 19 2O 2! 22 24 26 27 28 29 3O 3~ 2. Pursuam ~o Section 1-19, Ch'dina~ce No. 96.6, ~ ~,'ntoded, W~ew-,lcr Ccnific,ue No. 06S is hereby tr'~nsFermd to R~kc~ Bay S~c~, ~c. ~or ~c pro~sJon of w~lcwal~ ~cc for ~e ~i~ ~ ~l A~! "A". 3. W~stewal~ C~ifi~c No. ~S ~ll ~ iA eff~( ~til s~d~, c~cel~ or revok~ by R~lufion of~e BO~. 4. ~s ~tion au~od~ ~ ch~ge ~ ~e w~t~at~ ~te ~ffat ~t The ~-quisidon rate base for the udlity is $224,$00 ~s oF Decemb¢~ 31, I997, citcd az An.achmcn! "A". T'hJs Rcs~]ut~on adopted th~s second and majority vole favoring lame. ATTEST: DWIGHT E. BROCK day of ,1998 al2.er motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA by: Depu~ C)crk Approved zs ~o form ga] su~clcncy: / ']=homu C. e'alrn~ - Assistant County At~omcy by: BARI~,.~jL~ B. BERRY, CHAIRMAN APPROVAL OF BUDGET A.MEND.'V[EN'TS BCC A]~enda of 3/10/98 C,~meral Ftmd (001) Budgei Amendment No. Public 12 :fender (Cost Cir. #454~)~ _lO__! Telephone - direct Ime Reserve for ConLLugency To{al $7,100 ($7,100) Co,anty Water Capital Projects Fund (412) Budge~ Amendment No. ~.Zt~ C~pit~l Proiect_~ Co~q Ctr. (273.$.LD Odor Control f¥oject (70020) Lrr~rovements - General for Capital Outlay Total $9,982 ($9.982) 0 F~xla are requested from reserves for Change Order No. 1 for safety improvements proposed for the $CR~AJ'T'P C ~k~or Con:roi System. County Water Capital Projects Fund (412) Budtet Amendment No. 98-157 wa~l_~LC,_o$1 Cir.# 273511) So. Co. WTP Improvements Back~,ash Pond Project (70017) $6,309 Reserves for Capital Outlay ($6,309) To~ 0 Fu~ are needed for ~ fuaal Change Order No. 3 for additional rock removal required at the SCRWTP B~ckwash Retention Poads._'I~,e previous two c~ge orders were for ~ extension o~]y CounD' Water/Sewer District Fu;d (408) Budge! Amendment 98-158 951 W'IT (Co~t Cu'. #25321 I) Personal Services Wsler/Mainten~nce (Cost ~ P~.onal Services Total (S44,000) This rcquext is for the transfer of Funds from the 951 WTP account (25321 I) to the Water/Maintenance account (253215) due to the movement of three persotmel from Operations to Maimetmnce. The projected cost ravings for the deTartme~ for the recrr~tion L~ $51,200 per year due to a reorganization within _tb~ sections. HAR I 0 BOARD OF COUNTY COMMISSIO~ MISCELLANEOUS CORRESPONDENCE MARCH 10, 1998 MISCELLANEOUS ITEMS TO FiLE FOR RECORD WITH ACTION AS DIRECTEd: Districts__: A4 Collier Soil & Water Cortservation District - agenda, minutes for January 20, 1998 and Financial Report 12/1197 - 12/31/97. Ao The Naples Collier County, Metropolitan Planning OrganiT-tion - agenda for February 27, 1998. Referred to BCC. Technical Advisory Committee & Citizens Advisory Committee of the Iv[PO - agenda for February 25, 199g and minutes for January 21 1998. Referred to BCC. ' Letter from Michael A. Welsh, Controller, Collier County Tax Collector's Office, referencing Gm'rent Ad Valorem Tax & Non-Ad Valorem Assessment to the BCC after Tax Collector's commissions and distribution recap showing year to date totals of taxes collected net ofdiscount for 1993, 1994, 1995, 1996 and 1997. Referred to BCC. Objective: CO--CT FOR CITY To enter into a contract with the City of Marco Island for future c;ly council elec- C~sideratlons: On August 28, lgg7, residents of Marco Island voted to incorporate and be- come the third city within the county. The first ci17, Everglades City, conducts its own council elections by paper ballot wfth the only county provided support being the statutodly mandated registration book closing advertisement and the preparation of precinct registecs for use in the cfty'$ election. The second c:,ty, Naples, conducts its own council and other elections wfth the only county provid- ed support being the sta~rto~ly mandated registration book dosing advertisement and the prepa- ra~Jon of precinct regis/em for use in the city's electien. The County Commission has agreed to penmK Naples to use the county's voting equipment under the terms of a contract and for the fee stipulated in said con~J'act. Any other Naples elections not conducted by the city itself are done under the terms of separate contracts with Be county - namely, elections conducted by mail bal- loL The c~unty's third and newest city, Marco Island, has the unique di~nction of conducting its council elections either by mail ballot or to be held concurrentJy with the Presidential Preference Primary. The statutes r~luire all mail ballot elections be done by county supervisors of elections and Presidential Preference Primaries are also the responsibility of supervisors of elections. While the counting of council votes are sbstutorily the raspons~ility of the supervisor, the qualify- ing of council candidates will be the responsibility of the c/ty manager [after the initial election]. The city ,manager will be responsible for the preparation of state forms to be used by council can- didates and for monitoring and enforcing tho compliance with Florida's campaign finance laws. The existing contract for elections currenW in place with the City of Naples has been slightly mod- ified by the Supervisor of Elections to reflect the statutory requirements found in Laws of Flodda 97-367 for Marco's mail baltot council elections and its council elections held concurrenb'y with Presidential Preference Primaries. All other C~ of Marco elections are the responsibility of the new City of Marco Island subject only to the sup~:rvisor's advertisement of registration book closing dates and provision of precinct reg- isters. Any City of Marco mail ballot elections, other than council elections, will be subject to a separat~ contract. Fiscal Irntpact: There will be minimal impact, if any, on ~ county since the city will be re- quired to reimburse the county for any and all costs associated with the county's efforts in the city's elections. Recommondatlon: That the Board motion to approve the contract and authorize the Chair- man of the Board to sign said contract. Upon signing of this con,'act, the Supervisor of Elections will transmit it to the new Marco IsLand City Council for its acceptance. b/J~rco l:sLand__Election Aoreeme~ "0 AGREEMENT FOR ELECTION SERVICES By and Among the Cit-/of Marco Island, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for ~ ~ and succeeding city council elections and is by and among the City of Marco Istand (City), Collier County by and through the Collier County Board of Cornrr~sJoners (County) as owners of the CountT's voting and ballot tabulation equip- merit, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's voting and ballot tabulation equipment. This Agreement for the Marco City Council elections shall continue until Laws of Florida 97-367 is amended by the Legislature with respect to responsibility for conduct of said elections. In consideration of ~ premises and covenants set out below, and for $10 and other valuable consid- erations in hand received by ~ County and the City, it is hereby acknowledged and agreed by the parties hereto as follows; 1. The City acknowledges that only the Florida Constitution and the Florida Legislature may confer juris- diction on the Board of County Commissioners and the Supervisor of Elections through various legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, council initiated or citizen initiative charter amendmenLs, or other voluntary act or involuntary act since jurisdiction is established solely Ir,,, general law. :2. Section 07.0:21(6), Florida Statutes, provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsible. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter (Laws of Flodda 97-367), the City is responsible for the conduct of afl ~.s municipal elections except (Dior the election of city council members on the second Tuesday in March of even numbered years and (Z)when the City chooses to call a special election to be held by mail ballot. Ail mail ballot elections, other than council elections, are subject to a separate Agreement for Elec- tion Services. All such other elections authorized by action of City Council or citizen initiative but not spe- cifically enumerated by Laws of Florida 97-387 are stand alone elections and subject to a separate Agree- ment for See,ices if conducted by the Supe~isor of Elections. 4. The home rule powers granted to cities by the Florida Constitution and the Florida Legislature under Laws of Florida 97-367 provides: · after the initial council election sbcceeding council candidates shall qualify for office with the City Manager; · council candidates must conform to the campaign finance requirements of Chapter 106, Fla. Sta- tutes: · council candidates must conform to the qualifying requirements for all elected officials required by Chapter 99. Fla. Statutes; · council can3idate petitions must cont'orm to the petition format required by state law and administra- tive rules and mu.~t obtain Ih,ir qualifying petitions from the City Manager, scouncil candidate petitions shall be submitted to the City Manager; · signatures on candidate petitions must be executed in ink and shall be verified by ti Elections after the candi.Jate has paid the fee required by §99.097, Fla. Statutes for such ,A. GEl.DA ITEf,~ \ Supe~sRor~ .~rification; Marco Island Election Agreement ea candidate shall be qualified only if sufficient valid petitions equal to 1% of the voter registration at the last city general election have been certified by the Supervisor by the close of the 9th Monday preced- ing the election; ecour~l candidates must designate the office and seat number on qualifying papers and candidate petitions prior to circulation; ecandidate petit;,ons shall containing the candidate's name, ol~ce sought and seat number, the vot- er's pdnted name and residence address, the voter's signature, the date signed, and shall be executed in ink; · council candidate~ mu~ pay the election assessment required by Florida Statutes; · council elections shall be nonpartisan; ethe qualifying window commences on the 9th Tuesday pdor to election and closes on the 7th Tues- day prior to election; ethe Supervisor of Elections shall conduct the Marco City Council elections to be held: *at the polls in conjunction with the Presidential Preference Primary on the second Tuesday of March in even-numbered years, divisible by four, commencing in 2000; ,,by mail ballot on the second Tuesday of March in even-n, ,umbered years when there is no pres- idential election cycle; 5. The City Manager shall provide the Supervisor of Elections with photocopies of each candidate's Loyalty Oath [form DS-DE 24J on which the candidate has listed his/her name as it is to appear on the ballot as well as the office sought. 6. The Supervisor of Elections shall list candidates alphabetically within each council seat designation and the voters shall be instructed to "Vote for One" for each council seat. 7. To facilitate the City's conduct of any election other than its council elections held pursuant to Laws of Florida 97-367, the Supervisor of Elections shall do only those items enumerated in Exhibit A identified as § 19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 8. The City shall provide to the Supervisor of Elections and the Flodda Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any chang- es which the City makes relative to polling site locations or any charter amendment referendum questions. Such cody shall be provided no tater than 5:00 p.m. on the fourth day preceding the election. 9. Subject to the terms of thi~ Agreement and for stand alone elections, the County agrees to lease the fcllo~wing items to the City for use at the polls in its election: eVoting booths at the stsb,'tory ratio of 1:125 voters, ELS or equivalent self-contained Model 5 aluminum e228 pc. sition vote recorders and templates for each voting booth eMagn~/ing lens attached to the stylus chain of each vote recorder *Voting Stylus - one per booth eHandicapped st,flus - one per precinct eDemonstratJon vote recorders - one per precinct ,~Ballot Bo×es and ballot box tables - one per precinct ~Ballot Box p~dlocks and keys - one per precinct aLong-stub Baliot Transfer Cases, aluminum - one per precinct lyl a r c oJ~C..C,.do n Aar~ement ~ · Precinct Signs with mounting assembly - one per precinct ePrecinct directional street signs and mounting assembly - only those used by the county .Precinct supply bags but not supplies - one per precinct oAmerican Flags - one I~r precinct eFlag Poles - one per precinct oVote Here Alphabet Card sets - one per precinct .Alphabet card holders and assembly - one per precinct eHandicapped Access Ramps only if precincts used match that for which the County had constructed a ramp 10. For stand alone elections, the City shall contract for and acquire ail consumable supplies used in the election directly from the vendor. Consumable supplies are those which may be used once. 11. Far stand alone elections, the City shall arrange for the voting equipment preparation to occur be- tween the hours cf 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. 12. For stand alone elections, the City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8:15 a.m. on the Monday preceding election day. 13. For stand alone elections, no later than the third day following the election, the City shall check or clean out the equipment to insure that no City election supplies remain in the precinct supply bags, thc ballot boxes, transfer cases, or voting units - either used or unused. 14. For stand alone elections, the City shall remove the masks and ballot pages from the voting ma- chines and identify them for their records retention storage site. 15. For stand alone elections, no later than 5:00 p.m. of the Friday'immediately following the election, the Ci~ shall remove its supplies - both used and unused - and transfer them to the City's own storage fac~li- 16. For stand alone elections, the City shall contract for and acquire ballot cards which conform to the standards provided by administrabve rules adopted by the state. 17. For stand alone elections, the City may use the county's certified tabulating systems, as certified for use after .July 1, 1993 under the new state standards, and pay directly to the approved vendor all costs /or programming, on-site election support, and any repairs required as a result of the city's use. If the city acquires its own tabulation system, this section will not apply. 18. For stand alone elections, nothing in this Agreement shall be construed to require the County or the Supervisor to provide the setup of equipment for use by the City. 19. For stand alone elections, nothing in thfs Agreement shall be construed to require the County or the Supervisor to provide for any consumable suit plies - those with a life expectancy of one use. 20. For stand alone elections, nothing in this Agreement shall be construed to require the County or the Supervisor to provide any oaths, supplies, training or other materials. 21. For stared alone elections, nothing in this Agreement shall be construed to infer the County or the Supervisor interpreted the provisions ol the City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 22. For stand alone elections, nothing in this Agreement shall require t,h3 County or the arrange for the acquisition or construction of additional equipment for use by the City a should such equipment not already be in the County's inventory for that specific poll site. 23. For stand alone elections, nothing in this Agreement shall be constru'...d to require the Supervisor to arrange for the installation and delivery and pickup of voting machines or ec Su~,isor to :",. oun h4 O ~ipment to the · Marco Island Electio~q Aareemen[ '1 City or to the poll sites for use o~ election day. 24. For stand alone elections, nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for or acquire any supplies for use by ~ City for either the voting equipment or at the polls. 25. For stand alone elections, neither the County nor the Supervisor shall be held accountable for equip- ment needs not contained within this Agreement. There shall be no last minute adjustments to this Agree- ment for equipment or consumable supplies. 26. For stand alone e~ections, the County and the Supervisor or the Supervisors staff shall not provide equipment service cal~s dudng the course of the City's election. 27. For stand alone elections and subject to the terms of this Agreement should the City seek to use County equipment, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein unless the county changes systems: 28. City eA Novell 386 file server with monitor and keyboard; · A Pdntronix 600 LPM pdnteg eA "host" (DTK 386) with monitor, keyboard, F&C card reader and controller;, · A "remote" 1 system (DTK 386) with monitor, keyboard, card reader & controller;, eA "remote" 2 system (DTK 386) with monitor, keyboard, card reader & controller, · Two M 1000 card readers; · All existing cabling and power cords; · Current county configured and attached Best UPS Systems. For stand alone elections, the County agrees to lease the foregc~ing ballot tabulation equipment to the subject to the following additional conditions: · The City shall utilize the services of Softech, or other county approved firm, to program the system for ballot tabulation of the c~! election. · The City shall not remove the ballot tabulation equipment from the Collier County Government Cen- ter where it is in the Supervisor's custody or take any action which would jeopardize the security of the system or interrupt the custody chain. · The City shall conduct ils Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. · The City shall arrange for ~ts County-a~proved contract agent to load the election--specific ballot tabulation sol~tware onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. eThe City shall arrange for storage of ~ copy of the ballot tabulation program at a site other than the Collier County Government Center. eThe City's failure to comply with any of these provisions as determined by the Supervisor of Elec- tions shall invalidate this Agreement except for paragraphs 35 and 36 since such action would have impli- cations for subsequent County elections. 29. For stanJ alone elections, the City shall be and is solely responsible for the content and affidavits and training materials used in the course of its election. 30. For stand alone elections, the City shall be and is both responsible and liable for any election workers, the development of its tmini,~g materials and all actions taken by the City'.~ during the course of/ts election day. format of any aining of ~'co [slan_d Election Aareemeqt 31. For stand alone elections, the Cs shall be responsible for ~ activity relating to any absentee ballbts it chooses t~ provide voters for its election - including processing requests; addressing absentee envel. opes; verification of voter signatures; and providing lists of absentee voters to city candidates subject to the cath requirements of §98.095, Florida Statutes. being filed with and authorized by the Supervisor of Elections, 32. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the count. 33. For stand alone elections, the City shall provide the necessary training and personnel on election day to verify absentee voter signatures, open absentee ballots and prepare the voted ballots for actual tabula- tion. Such work shall b~e conducted under the rules established by the City Canvassing Board. 34. Except for precinct registers, the City shall I:x': responsible for retention of all election materials and shall obtain State Bureau of Archives authorization for records destruction once 22 months have lapsed per the Voting Rights Act time frame for its stand alone elections. 35. For all City electJons and most especially for stand alone elections: V~th the exception of activities relating directh/ to the Supervisor's determinations regarding voter registration and eligibility and to the extent Permitted by law. the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreemenl. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnif.! and hold harmless the County, the Supervisor of Elections, their officers, agents and em- ployees, from and against any and all actions, in law or in equity, frbm liability or claims for damages, inju- ries, losses, and expenses, to any person or pe-rsons authorized by the City, its employees, or agents to part/cipa:e in the Ci~ election when not otherwise eligible or from events relating expressly to City election activity 36. All costs, including attorney's fees and court costs, for any City election shall be paid by the City for: a litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City. or b. litigation involving the City's election whether brought by an elector, the U.S. Department of Just- ice, or others. · 37. The Supervisor or her staff shall prepare .~nd advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently I:e billed to the City which shall be responsible for payment. 38, To lease voting units, ballot boxes, and other supplies listed within this contract, the fee shall be $50 per voting unit (example, $50 x 120 units = $6,000), or current cosL The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the C/ty. In the event Ihe cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the county for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to elect/or-, day. 39. VVi:hin 10 calendar days of the city election date, the City shall provide any replac~ equipment for that were lc, st, stolen, or damaged while in the City's possession for a stand abne e[Ecti~.~:£.;~ 40. For stand alone e~ections and if the Supervisor's actual City election co~' i :' -. [~.~ .~s exceed th~amouHA~th~ ~ fee, lhe City shail pay the Supervisor's bill within ten calendar days of its r~ceipt. Rates~for the Super- Marco Island Election Agreemer~ visor's bill shall be actual costs associated with the following: ecomputer sort time at the rate of $75 per sort, or current cost; ecomputer printing at the rate of $.003 per name each time the name is printed, or current cost; ecomputer printing at the rate of $.01per name each time the name is pdnted on mailing labels, or current cost; eac~al costs of advertising the voter registration book closing; eactual staff lot'.or costs for work unique and peculiar to the City's election; eactual records retention storage costs at the rate of $.25 per oJbic foot of material kept 22 months, or current cost; eactual costs of containers used to store election related materials @ $5 50/box, or current cost4 eactual cost of providing duplicate roll of microfilm of disc of precinct registers plus underground storage for same @ $.75 per year, or current cost; eactual cost otr cd for recording images of City election registers; e$.32 for postage on #10 envelopes, or current rate; e$2.77 for certified mail postage, or current rate; e$5.52 for certified mail & postage, restricted delivery, or current rate; eS.0125 per page of county Precinct Register paper used (does not include date processing sorts or printing costs, or current cost); e$.032 per page of letterhead stationery or current cost; e$.0328 per #10 letterhead envelope or current cost; e$.0348 per #10 window leEerhead envelope or current cost; eS. 11 per purchase order or current cost; e5082 per voucher check or current cost; ., eS.15 per page for 8.5" x 11" or 8.5" x 14" copies; · S.20 per page for duplexed copies; eSl.C0 per page for certified copies of available public records; · S15.00 labor costs for each page of letters or documents produced; · actual cost of any expenditures required by the City's election and paid by the Supervisor. 41. For stand alone elections and notwithstanding all provisions for payment set forth in this Agreement, Section 101.002(2), Florida Statutes, provides the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in Section 97.021(8), Florida Statutes, whether or not specifically set forth in this Agreement. 42. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its stand alone elections. The County and Supervisor of Elections responsibility for security regarding the City's stand alone elections are limited to those items contained in the attached Exhibit A. 43. The Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for any election should the U.S. Department of Justice note an objection in its response to the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the Count-/and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Su- pervisor in wriling of the Department of Justice objection. 44. For stand alone elections, the City shall obtain an insurance policy which shall name the County as additionally insured ¢Z' agree to provide coverage thru the City's self-insurance and sh,a~a4.~ County will have no financial obligation which includes the City's responsibility for paying ar~ for any damages to the County's voting and ballot tabulating equipment and systems ~sed in a City..eJec:. i~II~; rich. The City shall provide the Count'/wi~ a Certificate of Insurance for said cove~ge .Q_r~.~SOIL~On"...'~I~F . indicating such coverage under the City's self-insurance program. Marco 1~,3~d Election Agreement 7 45. In the event there is an election protest, contest, or ~equestration order adsing from any City election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall make a :$25,000 security deposit to Collier County within four cal- endar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused balance on the secudty deposit shall be returned to the C~ when the legal matter has been resolved. 46. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as the County Commission meeting room, city hall, or other comparable location. Candidates, supporters, or press may be given tours of parts of the secured areas of the Elections Office. The Cit./ Canvassing Board, its precinct elec- tion workers, its election night workers, and the Elections employee designat~:l with custodial supervision of the facility for the day will be admitted to the secured area for processing. 47. This Agreement shall be. valid only for the City elections held to elect city council members on the second Tuesday of each even numbered year commencing in the year 2000. 48. For City Council elections held on the second Tuesday of March in even numbered years divisible by four (i.e., concurrently with Presidential Preference Pdmary elections), the City bill shall be a pro rata share of the election costs for Marco plus all ballot card costs required by the creation of the City. 49. The City of Marco Island shall be responsible for the entire cost of council elections conducted by mail ballot. 50. For other city referenda elections for which the Supervisor has.agreed to allow on a county or state ballot, the Ch'y is responsible for its pro rata share of election costs and all ballot card costs required by the addition of the referenda since the precincts which include the City of Marco Island are larger that the city boundaries. 51. In the event any pad of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling sha;I not invalidate the remaining pads of the Agreement. IN ~.MTNESS WHEREOF, the parties hereto authorize this Agreement. consisting of six consecutively numbered pages plus a one page "Exhibit A" atlachment, and affix their hand and seal this day of , 1997 by the Marco Island City Council; and this day of , 1997 by.the Collier County Board of Commissioners and Supervisor of Elec- tions. ATTEST: DWqGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COMMISSIONERS Approved as lo form 3nd legal sufficiency/for the County. 7~a mlro Mafiahch Chief Assistant County Attorney Barbara Berry, Chairman SUPERVISOR OF ELECTIONS ~.. · · w. rga,, (5 -; ..,'..- '-;- .. / Marco l.'fland Election Agreement A"FrEST: CITY OF MARCO ISLAND Marco Island City Clerk Harry Cowin, Chairman ACfxoved as to form and legal sut'f'K:ie~--y for Kenneth B. Cuyler, Marco Island CRy Attorney F'~IZ30~TA~CO-tS~CQ~-OW'g eJ~e~-5.31-~P~.h~.yW I~en,~a~£~ J~.C.,~Lsland Election Aqreement Coll;.r Courrty. ~ 1.9.1 SECURITY PROCEDURES for Stand Alor~ Mun~cit:)al (~t ~duled ~ncu~ently w~h ~tl~e/~n~ da~e~ ~ m~l ~llot elec~ns) 1. Per F.S. 97.055, the Elections Office will advertise the registration book closing. 2. Provide the City with a precinct by precinct demographics report within seven days of registra- tion book closing. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to pro- duce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Office shall deliver the precinct register{s) to the City Clerk no later than 5:30 p.m. (not required for mail ballot election). 5. If the City leases the County's voting equipment {not supplies), permission must be obtained from both the County Commissioners and the Supervisor of Elections for each election date per F.S. 101.36. The City shall provide the County with an itemized list of requested equipment no less than 45 days prior to election day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment, prepare it for use in its election, and deliver it to their polling placels). 7. The City shall return leased County equipment to the Elecfl'ons Office the day after the elec- tion. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, pro- vide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the elec- tion, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County',,j ballot tabulation system, only the Supervisor of Elections securi- ty procedures for building and system accest, shall apply. The City shall be responsible for all other security measures f(3r its procedures and supplies. 11. The Elections Office shall microfilm the precinct register{s) once voter history has been posted and proofed. 12. The Elections Office shall retain the precinct register{s) for twenty-two (22) months and then shall seek Bureau of Archives authorization for destruction. Revi~ed April 19, 1995; D~_ OK 4/21/95