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Agenda 06/24/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4Tit FLOOR FP: 3 IND: 1 CV:0 AGENDA June 24, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 330t EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774'8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 June 24, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. James Silcox, Clinical Pastoral Education Department, Hospital 2. AGENDA AND MINUTES A. Naples Community Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 27, 2003- Regular C. June 3, 2003 -Workshop D. June 3, 2003- Special E. June 11, 2003 - Workshop SERVICE AWARDS Twenty-Year Attendee: 1) Brian Sansone, Wastewater Collections Twenty-Five Year Attendee: 2) David Sanchez, Transportation/Road Maintenance Thirty-Year Attendee: 3) Robert Costner, Transportation/Road Maintenance 4. PROCLAMATIONS Proclamation to designate the month of November 2003 as Celebrate the Arts Month in Collier County. To be accepted by William O'Neill, President of the United Arts Council Board and Elaine Hamilton, Executive Director of the United Arts Council of Collier County. Bm Proclamation to observe July as Parks and Recreation Month which recognizes all the benefits derived from quality public and private recreation and park resources within Collier County. To be accepted by Maria Ramsey, Director of Collier County Parks and Recreation Department. 2 June 24,2003 PRESENTATIONS A. Presentation to Representative Mike Davis, chosen by the Florida Association of Counties as "Freshman of the Year 2003". (Commissioner Tom Henning) B. Recommendation to recognize Troy Pirosseno, Tradesworker Craftsman, Facilities Management Department, as Employee of the Month for June 2003. PUBLIC PETITIONS A. Public Petition request by Mr. Kyle Kinney to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from the Pelican Bay Foundation to Collier County. 7. BOARD OFZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-2354, William Hoover, AICP, of Hoover Planning and Development Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Uses 3 and 4 of the "E" Estates District to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. ADVERTISED PUBLIC HEARINGS A. Adoption of a Resolution applying the annual mid-cycle year indexing adjustments to amend the Parks and Recreational Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for a delayed effective date. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. PUDZ-2002-AR-3011, Dwight H. Nadeau, of R.W.A., Inc., representing A.R.M. Development, Corp., of S.W. Florida, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as "Tuscany Cove" PUD for a residential development for a maximum of 425 residential dwelling units generally located on the east side of Collier Boulevard (CR 951), approximately % mile south of Immokalee Road (CR 846) in Section 26, Township 48 south, Range 26 east, consisting of 78.07 acres. 3 June 24, 2003 C. Board approval of an Ordinance to extend the additional ninth cent local option fuel tax. D. Board approval of an Ordinance to extend the additional six-cents local option fuel tax. E. Board approval of an Ordinance to extend the additional five-cent local option fuel tax. This item continued from the June 107 2003 BCC Meeting. An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public right-of-way; providing purpose and definitions; adoption of Construction Standards Handbook; requiring permits; requiring removal of offending material from right-of-way; repealing Ordinance No. 82- 91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this ordinance; providing for conflict and severability, providing for penalties; providing an effective date. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board. B. Appointment of members to the Hispanic Affairs Advisory Board. C. Appointment of member to the Lake Trafford Restoration Task Force. Item continued from May 277 2003 BCC Meeting and is further continued to the, July 297 2003 BCC Meeting. A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. E. Appointment of member to the Revenue Commission. Request to approve a resolution extending the term of the Collier County Health and Human Services Advisory Committee, and extending the term of members of the Collier County Health and Human Services Advisory Committee. 4 June 24, 2003 10. COUNTY MANAGER'S REPORT A. Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of a twelve-month progress report regarding the suspended ordinance establishing a mandatory non-residential recycling program within the Unincorporated Areas of Collier County. (Jim DeLony, Administrator, Public Utilities) Reject a request by Surfsedge Inc. for reimbursement for the removal of beach sand in the amount of $3,782.56. (Jim DeLony, Administrator, Public Utilities) Obtain direction from the Board of County Commissioners to consider the Hammock Isles Project under provisions Collier County Land Development Code (LDC), Division 3.15 Regulations for the Issuance of a Certificate of Adequate Public Facilities (COA) by determining that the subject development was in process prior to the effective date of the Collier County Land Development Code amendment to Division 3.15, which became effective February 6, 2003. (Joseph K. Schmitt, Administrator, Community Development) Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (Capital Improvement Element No. 63, Project No. 63051). Estimated fiscal impact: $5,765,600. (Norman Feder, Administrator, Transportation Services) Approve agreement for the purchase of property for a Public Utilities' Division Operations Center at a cost not to exceed $8,200,000 (Land, Buildings and Associated Improvements), Project Numbers 73072 and 70059. (Jim DeLony, Administrator, Public Utilities) Approve the expansion of the previously approved four lane portion of the Goodlette Frank Road Project, from Center Street to Orange Blossom Drive, to a six lane project and approve the extended use of the previously approved contractor and consultants, Ajax Paving Industries, Inc., Johnson Engineering, Inc., and PBS&J Inc., Project No. 60134. (Norman Feder, Administrator, Transportation Services) 5 June 24, 2003 Go Approve Guaranteed Maximum Price (G.M.P.) of $34,402,176 for Contract No. 98-2829, Amendment #4 to Kraft Construction, Inc., for the construction of the proposed Naples Jail Addition and Renovation, Parking Deck and Chiller Plant Expansion. (Skip Camp, Interim Administrator, Administrative Services) Approve funding for water reliability $3,380,500, Project 70094, 70893, 71011. Utilities) improvements in the amount of (Jim DeLony, Administrator, Public Amend Professional Engineering Services Agreement with Metcalf and Eddy, Inc., for the South County Water Treatment Plant Reserve Osmosis Expansion, Contract 98-2891, in the amount of $960,295, Project 70054. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board approve the offsite removal of up to 16,000 cubic yards of excess fill from the public school site for Sabal Palm Elementary School located at 4095 18t' Avenue N.E. in Unit 72 of Golden Gate Estates, bounded on the north by 20th Avenue N.E., on the east by the future site of Middle School "EE", on the south by 18th Avenue N.E., and on the west by the Faka Union Canal, based upon a determination that the excavation work is not "Commercial", but will obtain a "Development" Excavation Permit. 6 June 24, 2003 2) 3) 4) 5) 6) 7) 8) 9) '1o) 11) 12) 13) 14) Request to accept an alternate security for that subdivision known as Sierra Meadows, and enter into a new Construction, Maintenance and Escrow Agreement. Request to approve for recording the final plate of "Valencia Golf and Country Club, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security, and to accept certain off site drainage easements. Request approval and funding of a new position in the Tourism Department that is currently a Contract for Services position. The Board of County Commissioners find that Global Manufacturing Technology, Inc., is in default under the Participating Party Agreement (PPA) executed with the County on August 3, 1999. Approval of Release of Lien for nuisance abatement recorded as Resolution No's: 90-550; 90-101; 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. Approval of the Satisfaction of Lien for Code Enforcement Board Case No.'s: 2003-004; 2001-018; 2002-009 and 2000-022. Request to approve for recording the final plat of "Charlee Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the final plat of "Quail West Phase III, Unit Six", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Final acceptance of water utility facilities for Bolero at Tiburon, Pelican Marsh. Authorize Environmental Services Staff to submit a Grant proposal to the U.S. Fish and Wildlife Service (USFWS) for $6,845 (of which $3,200 will be reimbursable) to fund wetland plantings and educational sign at Lake Avalon. Request that the Board of County Commissioners approve terminating the Collier County Tourism Agreement with Visit Naples, Inc., and cancel the existing purchase order. Request that the Board of County Commissioners approve a Second Amendment to the Tourism Agreement with Kelley Swafford and Roy, Inc., (KSR) for implementation of an FY02/03 Emergency/Disaster Relief Marketing Budget Plan of up to $320,000. Approve a Tourist Development Category "A" Beach Park Facilities Grant Application in the amount of $40,700. 7 June 24, 2003 is) 16) t7) 18) 19) 20) 21) 22) 23) Request to approve for recording the final plat of "Arrowhead Reserve at Lake Trafford - Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Establishment of a program to provide assistance to affordable housing rental developments. A resolution authorizing submission of an application to the U.S. Department of Housing and Urban Development (HUD) for Urban County Re-Qualification for continued participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2004-2006. A resolution of the Board of County Commissioners of Collier County, Florida, pertaining to the City of Marco Island's continued participation in Collier County's Urban County Community Development Block Grant and Home Programs for Federal Fiscal Years 2004-2006; and providing an effective date. A resolution of the Board of County Commissioners of Collier County, Florida, pertaining to the City of Naples continued participation in Collier County's Urban County Community Development Block Grant and Home Programs for Federal Fiscal Years 2004-2006; and providing an effective date. Approval of three (3) impact fee reimbursements totaling $11,978.94 due to overpayment on building permits. Approval of three (3) impact fee reimbursements totaling $9,960.82 due to overpayment or cancellation of building permits. Approval of Contract 03-3504, in the amount of $72,144, with Tindale- Oliver and Associates, Inc., for consultant services for a government buildings impact fee study. Approve a Tourism Agreement with the City of Naples for T-Groin Monitoring, Project 90005, in the amount of $96,954. 24) COMMUNITY REDEVELOPMENT AGENCY BOARD CONSENT ITEM. To* 25) approve the authorization of a six-month extension of the Community Development Block Grant (CDBG) period from Financial Administration and Housing Department, for the Stormwater Management and Infrastructure Program in the Gateway TrianglelShadowlawn Neighborhood. To approve a budget amendment transferring $500,000 from Community Development and Environmental Services Fund 113 Building Permit Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services (CDES) Building. 8 June 24, 2003 26) 27) 28) Adoption of Resolution 03- requesting that Naples Bay be designed by the South Florida Water Management District as a Surface Water and Improvement Management (SWIM) Project and be included in the Swim Program. To approve a budget amendment in the amount of $75,000 from Reserves to Operating and Capital within the impact fee section of Community Development and Environmental Services Division. First amendment to Tourism Agreement with Evans-Klages, Inc., for expanded market research services. B. TRANSPORTATION SERVICES 1) 2) Request Board approve a Landscape Installation and Maintenance Agreement among WCl Communities, Inc., Hammock Bay Owners Association and Collier County for landscaping along Mainsail Drive. Request Board approval for the Landscape Maintenance Agreement with American Funding and Service Corporation as Trustee for the future landscaping and maintenance on Hemingway Place. 3) Approval of the FY2004 Transit Development Plan Update. 4) 5) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in road maintenance activities. 6) Approval Bid #03-3511, Immokalee Road Mowing MSTD Roadway Grounds Maintenance in the amount of $199,940 to Commercial Land Maintenance Inc. 7) Approve Contract Amendment No. 01-3216-A01, Contract No. 01-3216, with Woods Hole Group for the Haldeman Creek Restoration Project (Project No. 51011) in the amount of $40,329 and approve funding for Tasks 7 and 8 for $76,374.50. Award Contracts RFP 03-3462 "Fixed Term Professional Planning Services for Right-of-Way Acquisition" (Estimated dollar amount of contract not to exceed $500,000 annually per firm). 8) Approve Bid #03-3516, Award of "Devonshire Boulevard Irrigation Installation" to Hannula Irrigation, Inc., in the amount of $58,689. C. PUBLIC UTILITIES 9 June 24, 2003 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Approve selection committee ranking of firms for contract negotiations for RFP 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County". Approve two budget amendments for Public Utilities Engineering Department project management costs related to the Vanderbilt Lagoon Restoration Study in the amount of $20,000. Award Contracts 03-3484 "Fixed Term Instrumentation and Controls Engineering Services" (estimated annual amount $1,000,000) to the following firms: Camp, Dresser and McKee, Inc., Q. Grady Minor and Associates, and McKim and Creed. Award Bid 03-3499R, South County Water Reclamation Facility Belt Press Walkway modifications, to NR Contractors Inc., in the amount of $39,500 (to be funded by the Wastewater Operations Budget). Approve the Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $96.00 to record the liens. Award Bid #03-3514 to Perkinelmer for the purchase of a gas chromatograph/mass spectrometer system in the amount of $74,984. Approve a budget amendment to create a new Public Utilities project to prepare a 2003 update to the reclaimed water master plan and reuse rate study in the amount of $49,926. Authorize conveyance of utility easements to Florida Power and Light Company for the installation of underground electric facilities to serve the South County Water Reclamation Facility Expansion Project 73949, at an amount not to exceed $50. Approval and execution for Satisfactions of Notice of Claim of lien for sanitary sewer system impact fee. Fiscal impact is $18.00 to record the liens. Accept easement for 12-inch potable water line and associated water facilities executed by Relleum, Inc., regarding the Balmoral PUD. Approve Work Order #UC-054 with Kyle Construction Inc., in the amount of $210,000.00 for construction of fire and irrigation water system improvements at Pelican Bay Woods in Pelican Bay, Project Number 74023. Accept utility and temporary construction easements for construction of Phase II of the sewer interconnect project to redirect flow between the North and South County Sewer Systems at a cost not to exceed $550. (Project No. 73076) 10 June 24, 2003 13) Approve a Donation Agreement and accept an amended utility easement for Phase I Sewer Interconnect Project which redirects flow between the North and South County Sewer Systems at a cost not to exceed $500. 14) 16) Approve a budget amendment in the amount of $56,008.40 for transferring funds from Unincorporated General Fund, Fund 111, to Water and Wastewater Impact Fees, Funds 411 and 413, respectively, to reimburse these funds for consultant services performed for areas outside of the County Water-Sewer District. Approve Work Order #UC-055 with Kyle Construction Inc., in the amount of $240,000.00 for construction of fire and irrigation water system improvements at Oakmont in Pelican Bay, Project Number 74023. Approve a resolution authorizing the submission of a loan application to the Florida Department of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion to 24. l-Million Gallons Per Day (MGD) Maximum Month Average Daily Flow (MMADF) Solids Stream; authorizing the Loan Agreement; establishing Pledged Revenues; designating authorized Representatives; providing Assurance; and providing for Conflicts, Severability, and Effective Date, Project 739502, at no cost. 17) Defer a work order amendment, under Contract #0t-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Access Improvements, Project 90511, within existing Work Order Budget. 18) Approve an Engineering Services Work Order, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Renourishment Permitting, Project 90502, in the amount of $103,000. 19) Approve a budget amendment in the amount of $131,289 and two work orders, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for Sand Search Phase 3 and Marine Resources Investigation as part of County-Wide Sand Search, Project 90527, in the total amount of $899,000. 20) Approve Work Order GH-FT-03-05 with Greeley and Hansen, LLP, to conduct the 2003 updates to the Water and Wastewater Master Plan and Impact Fee Studies, for the total amount of $221,600, Projects 70070 and 73066. D. PUBLIC SERVICES 11 June 24,2003 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) 13) Recommendation to declare Parcel 114 of Golden Gate Estates Unit 35 (Proposed Livingston Woods Neighborhood Park) as surplus properties, sell and return funds to General Fund. Award Bid No. 03-3486 for the purchase of emergency medications to Aero Products, Alliance Medical, Biomedical International Emergency Medical Products, RX EMS, SE Emergency Equipment, and Sun Belt Medical for the Emergency Medical Services Department, budgeted funds for these purchases are $65,000. Approve a modification in the amount of $4,600.00 to purchase Order ~,500010298 with Enterprise Rent-A-Car for vehicle rentals for the Summer Food Service Program. Approve the addition of Screen Printing Unlimited as an additional vendor to Contract #03-3478 for t-shirts for various Parks and Recreation Programs. Approve the Donation Agreement from David W. Fisher and Kay J. Britt, as Successor Trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,700. Approve Change Order #5 in the amount of $77,358.75 for additional design work for North Naples Regional Park, Contract #99-2947. Approve a budget amendment in the amount of $50,000 to ensure continuous funding of the home and community bases Medicaid Waiver Grant. Approve a budget amendment in the amount of $544 to ensure continuous funding of the Alzheimer's Disease Initiative Grant. Approve a budget amendment of $2,436 to recognize additional Grant Revenue in the RSVP Program. Approve a budget amendment in the amount of $6,069 to ensure continuous funding of the Home Care for the Elderly Grant. Approve a budget amendment in the amount of $204,523 to ensure continuous funding of the Community Care for the Elderly Grant. Authorization to approve an Extension of an Agreement with the Southeastern Library Network (SOLINET) and permission for the Chairman to sign agreement. Approval of a Sole Source Service Agreement with Medtronic Physio- Control for the maintenance and upgrade of Lifepak Monitors for the Emergency Medical Services Department in the amount of $33,132. ADMINISTRATIVE SERVICES 12 June 24, 2003 1) Authorize audit of Financial Management System Configuration under Contract 98-2794. 2) Approval of the Opportunity Plan. Collier County Government Equal Employment 3) Report and ratify staff-approved change orders to Board-approved contracts. 4) Approve and authorize the twenty-year limited Weather-Tightness Warranty Series 2500, 2" Mechanically Seamed Roofing System, Manufactured by Englert, Inc., as installed, at the Max Hasse Community Center as expressed in Contract No. 00-3128, "Construction of the Max Hasse Community Center". 5) Approval of temporary living expenses to James W. DeLony, Administrator for Public Utilities and authorization of payment. COUNTY MANAGER 1) Approve Modification #1 to the Continuity of Operations Planning Grant previously approved by the Board of County Commissioners on March 1t, 2003. AIRPORT AUTHORITY 1) Approve a budget amendment for $105,600 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE t) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2na Floor, W. Harmon Turner Building, Naples. 13 June 24,2003 2) The Finance and Accounting Department seeks authorization from the Board of County Commissioners to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2001-2002 as required by Florida Statute 218.32. 17. K. COUNTY ATTORNEY 1) Approval of Settlement Agreement and Mutual Release involving litigation in Collier County v. The Carlisle at Naples~ Ltd., Case No. 03-230-CA in the Circuit Court of the Twentieth Judicial Circuit. 2) Approve the Stipulated Final Judgment relative to the acquisition of Parcels 113 and 713 in the Lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA (Immokalee Road, Project No. 69101 ). 3) Item continued from the June 10~ 2003 BCC Meetin~l. Approve a proposed settlement agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case No.'s: 99-4226-CA and 00- 3430-CA. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. CU-2002-AR-3054, James E. McDonald or Karen P. Shelton, representing the Trustees of Vanderbilt Presbyterian Church, requesting Conditional Use "2" (Churches and Houses of Worship) and Conditional Use "4" (Child Care) of the RSF-3 Zoning District. The request is to incorporate an existing single-family home on Lot 21 into the existing use as a church, and to permit a pre-school and child care in the church building only. The property to be considered for the Conditional Use is located at 1225 and 1301 Piper Boulevard on the north side of Piper Boulevard in Section 24, Township 48 south, Range 25 east, Collier County, Florida. This property consists of 2.24 acres. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Barton and Wendy Mclntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living 14 June 24, 2003 Em facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. This item requires that all participants be sworn in and ex parte disclosure b~ provided by Commission members. PUDZ-2002-AR-2869, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Panther Development, L.P., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of changing the name from Ronto Livingston PUD to Tuscany Reserve PUD, showing a change in ownership, reducing dwelling units from 1380 to 799, reducing density from 2.98 to 1.73 dwelling units per acre, and adding a Village Center Land Use District; providing for the repeal of Ordinance Number 2000-04, as amended, the former Ronto Livingston PUD; for property located west of Interstate 75 and east of Livingston Road at the Collier-Lee County Line, in Section 7, Township 48 south, Range 26 east, and Section 12, Township 48 south, Range 26 east, Collier County, Florida, consisting of 461.29+ acres. This item requires that all participants be sworn in and ex parte disclosure b= provided by Commission members. Petition PUDZ-02-AR-3161, Mr. Robert Duane of Hole Montes, Inc., representing the Botanical Gardens Inc., requesting a rezone from "C-3", "RSF-3", "RSF-4", "RSF-5", "RMF-6", and "PUD" to PUD, Planned Unit Development to be known as the Naples Botanical Garden PUD consisting of an education center, conservatory, exhibition gallery, maintenance nursery, pedestrian ways through various garden areas and a theater for property located on the southwest corner of Bayshore Drive and Thomasson Drive in Section 23, Township 60 south, Range 25 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure b," provided by Commission members. PUDZ-2002-AR-2433, William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing David A. Custer of H.D. Development, LLC, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as H.D. Development PUD for 104 residential dwelling units for property located on the north side of Immokalee Road approximately 1.25 miles east of Oakes Boulevard, in Section 21, Township 48 south, Range 26 east, Collier County, Florida, consisting of 46.64+ acres. F. This item requires that all participants be sworn inland ex parte disclosure b." provided by Commission members. SE-03-AR-4038, an ordinance amending Ordinance 02-26, the Amerisite Rezone to correct a Scrivener's Error resulting from the unintentional inclusion of an incorrect legal description in the transmittal copy of the adopted ordinance to the Department of State for the property located on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 south, Range 26 east, Collier County, Florida. G. This item requires that all participants be sworn in and ex parte disclosure bc provided by Commission members. Petition SNR-2003-AR-3868, Kathleen Bailie of Bonness Inc., representing Kathleen Court Property Owners Association, Inc., requesting a street name change for the portion of Houchin 15 June 24, 2003 Street which begins at the intersection of Seward Avenue and continues south to be named Kathleen Court, a local street located in the southwest one-quarter of Section 11, Township 49 south, Range 25 east, Collier County, Florida. Adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, providing criteria and guidelines for the reimbursement of impact fees, authorizing the assessment of a non- refundable "Impact Fee Reimbursement Processing Fee" and providing clarification for the assessment of impact fees for changes of size or use. This item has been withdrawn. ADA-03-AR-4050, C. Lane Wood, of Quarles and Brady, LLP, representing William T. Higgs, Owner of White Lake Corporate Park PUD, requesting an appeal to Interpretation AR-3202 which was rendered on March 26, 2003, regarding PUD development standards prevailing over regulations of the Collier County Land Development Code and an interpretation regarding buffering requirements of PUD Ordinance 01-59 prevailing over the buffering requirements of Ordinance 03-03. This item has been continued to the July 29~ 2003 BCC Meeting. PUDZ-2002- AR-2841, Richard Woodruff, AICP, of Wilson Miller, Inc., and R. Bruce Anderson, Esquire, of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing U.S. Home Corporation, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Heritage Bay DRI/PUD for a maximum of 3,450 residential dwelling units, 50,000 square feet of office uses, 150,000 square feet of retail uses, and assisted living facility containing up to 200 units for property located on the northeast corner of Immokalee Road and Collier Boulevard (CR 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 +1- acres. (Companion Item to DRI-2000-01) This item has been continued to the July 297 2003 BCC Meeting. DRI-2000-01, Richard Woodruff, of Wilson Miller, Inc., representing U.S. Home Corporation, requesting approval of a development order for the Heritage Bay Development of Regional Impact (DRI) to allow for a mix of residential, assisted living facilities, recreational facilities and commercial and office uses for property located on the northeast corner of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east. (Companion Item to PUDZ-2002-AR-2841) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3512: D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing TBIINaples Ltd., requesting a rezone from "PUD" to "PUD" for a project previously known as Naples Forest Country Club to now be named Naples Lakes Country Club PUD, to amend the commercial component of the PUD document to revise the schedule of permitted uses in the commercial/office designated tract of the PUD, and to reduce the commercial square footage from 150,000 square feet to a maximum of 110,000 square feet for property located at the NW corner of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 15, Township 50 south, Range 26 east, consisting of 485.02+ acres. 16 June 24, 2003 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 June 24,2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 24, 2003 Withdraw Item 6A: Public Petition request by Mr. Kyle Kinney to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from the Pelican Bay Foundation to Collier County. (Petitioner request.) Item 10(C) should read: Obtain direction from the Board of County Commissioners to consider the Hammock Isles Project under previous (rather than provisions) Collier County Land Development Code (LDC), Division 3.15, Regulations for the Issuance of a Certificate of Adequate Public Facilities (COA) by determining that the subject development was in process prior to the effective date of the Collier County Land Development Code amendment to Division 3.15, which became effective February 6, 2003. (Staff request.) ITEM 16(A)21: To be read into the record: The Fire Impact Fees assessed/collected for Big Corkscrew Island Fire District should have been North Naples Fire District. There was an administrative error in the assessment of the fees. The fees being reimbursed were paid into the wrong fund, thus they will be reimbursed from the same fund by the Building Department who has signature authority on the fire accounts. (Staff request.) Item 16(A)22: The dollar amount in the recommendation on the executive summary is incorrect and should read: "That the Board of County Commissioners approve a contract in the amount of $72,144 for professional consultant services for preparation of a Government Buildings Impact Fee study and approve the necessary budget amendments." (Staff request.) Item 16(A)24: This item to be approved by the Board of County Commissioners a-~ the Community Redevelopment Aqency Board (CRA). To approve the authorization of a six-month extension of the Community Development Block Grant (CDBG) period from Financial Administration and Housing Department, for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Shadowlawn Neighborhood. (Staff request.) Item 16(C)12 the recommendation should read: "authorize the Chairman to execute Donation agreement, once approved by County Attorney, . . ." (Staff request.) Item 16(C)13 the recommendation should read: "authorize the Chairman to execute Donation agreement once approved by County Attorney, . . ." (Staff request.) Item 16(D)1 recommendation should read: staff recommends that the BCC find it to be in the best interest of the public and declare this parcel surplus property to be sold in accordance with s.125.35, Fla. Stat., and the proceeds returned to the General Fund." (Staff request.) Page 2 Agenda Changes June 24,2003 Item 17(B) continued to the July 29, 2003 BCC Meetinq: PUDZ-2003-AR-3607. William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy Mclntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of '119+ acres. (Petitioner's request.) Item 17(C): To be read into the record: Tuscany Reserve - non-substantive changes were made to the PUD document for legal sufficiency. (Staff request.) Item 17E: To be read into the record: Correction to Table I, which is on page 78, should indicate rear yards adjacent to Olde Cypress Golf Course principal structure: 30 feet; accessory structure: 20 feet. Section 6.8 Tract 3 - Multi-family residential area shall have no access onto Treeline Drive. (Staff request.) NOTE: Bring up under Communications: November and December BCC meeting schedule. Recommending November '18, December 2 and December 16, 2003. PROCLA IA 7'XON WHEREAS, WHE~EA& WH~EA5, WHEREAS, fl~ ~-t$ a~ cgl~i co~munity of ~llitr Co=F enriches m=~ e =~ife~t c~~ ~ ~ ~ ~ ~Y; ~' membe~ of ~e a~ comm~i~ play an a~ ~le in o~a of ~-Io~: ~ /~ or~a~izin~ n $er~es the Unit~l Ar~s ~ of ar~ nrn~ ~ NOW THER~ORE, ~ ~ ~l~/~d by the ~ of C~ Camm/ss/Driers ~ ~ call u~n ~r ciD~e~ to ~le~te the arts and culture. DONE AND ORDERED THZ$ Z4~ bay of Jun~. 20t29. A TTE$ T: Di4~GI"IT E. BROCK, CLERK AQE~D,Ax ITEM JUN 2 2003 Pg' i H/HERE,I-n, WHEREAS, the use of our park~ and participation in recreation pro,-ams add more balance to life, provide care for latchkey children, increase commun/caHon skills, build self esteem, teach vital l/ire skills, and provide safe places to play; and, the benefits provided by parks and recreation programs serve to boo~t the economy, enhance property values, attract new busine~, increase tourism, reduce ce/me, diminish 9ang violence, and curb employee absen~eeism; and, ~IHEREA$, the product/ye use of leisure t/me builds family unity, strengthens neighborhood involvement, offer~ opportunity for social interact/on, creates a more educated community, develops creativity, and promotes sensitivity to cultural diversity; and, WblEREA$, our parks and trails ~ ec~d~l_~aI beauty, provide space to enjoy nalure, help ~'~.~_. ~..~'~"tmd water, and p~se~ plant and ~imd wildlY;' ~2 '? ' ~ : ~HEREA6, cecreatl~M ~tivities bund s~ng' b~i~. ~g health care cos~, de~ase /n~an~'p~m/um$. make ~happ/er, and help ~/dents l/ye/~; and,- ~EREA6. relearn, the~t/c ~n~. ~'-/e/~ e~Hon are e~en~l to the rehabtHraHon of/~/~dua/~ who ~ become//I or d/sabled or who h~e dem~ated ant/sac/at ~v/or; and, ~EREA& ~uty ~3 has been d~i~ted a$ gecreaHon a~ Parks NO~ THEgEFOR~ be i~ ~laimed by the Boa~ ~ C~ of ~o//i~ C~, ~l~/d~ that ~u~ ~:'~ ~se~ed as Recreation a~ P~ ~' whf~ ~$ all the benefits derived from ~f~ ~bN~ ~ ~[~'$ecreation and park re~e~ within Co~~ DONE AND ORDERED 77-~$ 24th Day of ,TUNE, RO05 BOARD OF COUN'r'Y COMM.~.~.~ONER5 COl_ I_--rER COUNT'Y, FLORTDA A T';'ES~': BROCK, CLERK TOM blENIV.~N~, CblAD~4AAI Im FLOR~,~m_ mm 3une 12, 2003 P.O. Box 549/Tallahassee, Florida 32302 Phone: 850/922.4300 Suncom: 292-4300 FAX: 850/488-750! Website: www. fl-counties, com Ms. Sam Tucker Executive Aide to the Board of County Commissioners Collier County Administration Bldg., 3rd Floor 3301 E. Tamiami Trail Naples, Florida 34112 Dear Ms. Tucker: This letter is to confirm the Florida Association of Counties (FAC) legislative awards presentation for Rep. Mike Davis on 3une 24, 2003, at 9:00 a.m., in conjunction with the Collier County Commission meeting. We would like for Chairman Tom Henning to present the award on behalf of the Association. Let me know if this will not be possible. Also, ! will forward the award script via email to your office by early next week. Following the remarks by the Chairman, FAC will present Rep. Davis with a beautiful framed picture of the State Capitol. ! would like to take some group pictures with Rep. Davis, the Chairman, the other board members, if appropriate, and the FAC staff. Generally, the presentation takes about 10- 15 minutes. !f you have any questions or concerns, please contact me or my legislative assistant, Shalonda Fagg, via email at sfagg~fl-counties.com or at the FAC office, (850) 922-4300. Thank you for your assistance. Sincerely, Carol L. Brac~ Legislative Director CC: The Honorable Tom Henning, Collier County Chair James Mudd, Collier County Manager MARY KAY CARISEO EXECUTIVE DIRECTOR CHUCK DUNNICK I C, GUY MAXCY i CLIFF THAELL PRESIDENT PRESIDENT- ELECT I ST VICE PRESIDENT OSCEOLA HIGHLANDS LEON WELTON G. CADWELL 2ND VICE PRESIDENT LAKE KAREN T. MARCUS IMMEDIATE PAST PRESIDE~'T PALM BEACH June 4, 2003 m~mmt~ ..- P.O. Boom $49/Tallaha~s~,e, Florida 52302 Phone: 850/922-4 ~f)g .~mco~: 2~2.450~ FAX: We~dte: www. fl.4'eunllf$.cum The Honorable Mike Davis Florida House of Representatives 3301 East Tamiami Trail East, Suite 105 Naples, Florida 34112 Dear Representative Davis: On behalf of the Florida As$oolation of Counties (FAC), 1 am pleased to announce that you have been selected as the "Fmahman of the Year" for 2003. As a legislator who has distinguished himself by demonstrating a strong commitment to address important issues for counties, we are honored to give you this award. Your dedication to improve and maintain a high quality of life for all Floridians and ,.y~ur support for the county perspeotive during debates is especially recognized. Traditionally, the FAC legislative awards are presented during the FAC Annual Conference in mid-June. Since Special Session "B" has been called during the week of our Conference (June 18-20), we recognize that you will not be able to accept the award in person. As an alternative, FAC would like to present this distinguished award to you in your district. Please have your staff provide the date and time you will be available on the attached form. Also, please let us know which county commission you would like to have host the awards presentation if you serve a multi-county district. If you have any questions, please contact Carol Bracy, FAC Legislative Director, at (850) 922-4300. Congratulationsl We thank you for your service to the citizens of the State of Florida. Sincerely, Chuok Dunnick FAC President CD/pr Enclosure MAK¥ k.4¥ CARISFO tW{.'.~'I/ )I N I PRF.(;I[ )t NT- L LE ('T ~ ~ 7 ~/I( L PN~ $1~[ N I 2 NI ) VtC'E PHF.~I[ )L N F O$CEOI A HIGHI AND~ LEON ! Ak[ JUN 2 2003 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE TROY PIROSSENO, TRADESWORKER CRAFTSMAN, FACILITIES MANAGEMENT DEPARTMENT AS EMPLOYEE OF THE MONTH FOR JUNE 2003. OBJECTIVE: The "Employee of the Month" program is designed to recognize exceptional performance plus uniquel'.~, identifiable contributions that produce significant results for the County. CONSIDERATIONS: Troy Pirosseno is a dedicated and conscientious employee. Time and time again, Troy has gone above and beyond the call of duty to assist Collier County Government, its staff and the public. He is a team player so necessary to Facilities Management. Troy has branched out into all disciplines needed to work within the Facilities Management Department. Troy's initiative and decision-making capabilities are reflected in all jobs, large or small. Just recently he was given the project of exotic vegetation removal at Fleet Management. This was a large request (in conjunction with Natural Resource's Exotic Vegetation Removal Week), not only in performing the work, but also establishing specific tasks to accomplish the work. He coordinated every aspect of the project, setting a timeline to getting a survey to supervising employees. He established a timeline for the project and more than met his goal. Troy worked extra hours to ensure the project was completed properly. This is a typical example of how Troy works. It is this tireless effort and true commitment to "exceed expectations" that makes Troy stand out in not only the Facilities Management Department, but also all of Collier County Government. FISCAL IMPACT: "Employee of the Month" selectees receive a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION:- ///~ ~;'~ ,.., -- PREPARED BY: /~L,y,/.(~"'z~.. /_,;z--c,/,. '~ ~ Dawn Ragone, Administrative Human Resources Depa~ment ~ean Merritt, ~irect~ ~ Human Resources Depadment APPROVED BY: ~ ~ S~~nt~m ~inistrator Administrative Se~ices Assistant DATE: COl I .IER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 June 3,2003 Mr. Kyle Kinney, President Pelican Bay Foundation, Inc. 6251 Pelican Bay Boulevard Naples, FL 34108 Re: Public Petition Request to Initiate an Agreement for the Transfer of Ownership of Oakmont Parkway Extension From The Pelican Bay Foundation to Collier County Dear Mr. Kinney; Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 24, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator JUN 2 4 7.003 PELICAN - BAY Pelican Bay Foundation, Inc. May 29, 2003 Mr. James V. Mudd County Manager 3301 East Tamiami, Building F Naples, Florida 34108 Re: Public Petition Dear Mr. Mudd, The Pelican Bay Foundation is formally requesting a Public Petition by the Collier County Board of County Commissioners in order to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from The Pelican Bay Foundation to Collier County. The maintenance of this roadway has been an ongoing issue for many years, however recent discussions with all parties including WCI, Pelican Bay Community Commercial District, and The Pelican Bay Foundation have resulted in a preliminary agreement that is mutually satisfactory to all concerned. It is the intent of The Pelican Bay Foundation to assume all maintenance responsibility for this roadway which will be performed by the Pelican Bay Service District. A recent discussion by a member of my staff, Mr. Bill Walters, with Mr. Ed Kant indicated that County staff would not oppose the transfer of ownership as long as Collier County did not have to assume maintenance responsibility. It is requested that members of your staff who will be working this project coordinate all actions with Mr. Bill Walters, Covenant Enforcement Director, who can be reached at (239) 596-6180, Ext. 237. JUN 2 2003 Pelican Bay Foundation, Inc. · 6251 Pelican Bay Boulevard · Naples, Florida 34108 (239) 597-8081 · (239) 597-6802 FAX· E-Mail: memberservices@pelicanbay, org Mr. James V. Mudd May 29, 2003 Page Two The Foundation requests your assistance regarding this matter and if you require any additional information, please do not hesitate to call. Singly, Ky~K~'nney~ ~ President Pelic~ Bay Foundation, Inc. Cc: Commissioner Frank Halas, Commissioner District 2 Dave Trecker, Chairman Pelican Bay Foundation, Inc. George R. Paige, Senior Vice President, WCI Andrew J. Saluan~ Community Commercial District Lisa Barnett, Cheffy, Passidomo, Wilson and Johnson JUN 21t 2003 EXECUTIVE SUMMARY CU-2002-AR-2354, WILLIAM HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING PASTOR ROY SHUCK OF FAITH COMMUNITY CHURCH, REQUESTING CONDITIONAL USES 3 & 4 OF THE "E" ESTATES DISTRICT TO ADD A CHILD CARE AND PRE-SCHOOL TO THE EXISTING FAITH COMMUNITY CHURCH, LOCATED AT 6455 22~D AVENUE NW, FURTHER DESCRIBED AS PART OF TRACTS 15 & 16, GOLDEN GATE ESTATES UNIT 97. OBJECTIVE: For the Board of Zoning Appeals to approve, with conditions, a Conditional Use for childcare and a preschool on property currently used as a church. CONSIDERATIONS: The petitioner requests Conditional Use "3" and Conditional Use "4" of the Estates (E) zoning district to add a pre-school and childcare as uses on a parcel which currently has a Conditional Use for a church. A Conditional Use was approved by the Board of Zoning Appeals in 1997 (CU-97-23) for a church. The petitioner now' wishes to add a pre-school and childcare as uses and to indicate additional buildings on the church campus. This requires a Conditional Use. The Transportation Planning Department has reviewed the existing access points, pedestrian safety, and traffic circulation and has added several conditions. These conditions include a sidewalk along 22nd Avenue NW in front of the church; and turn lanes at the 22nd Avenue NW - Oakes Boulevard intersection when the church adds structures. With those conditions, staff believes traffic and pedestrian safety will be satisfactory. However, many residents in the Oakes Boulevard area have expressed the opinion that the proposed uses will add excessive traffic to Oakes Boulevard, and will creme traffic and pedestrian hazards. (Letters are attached to this Executive Summary.) JUN 2 2003 FISCAL IMPACT: No fiscal impact to Collier County is anticipated by the approval of this Conditional Use. GROWTH MANAGEMENT IMPACT: The subject property is designated as "Estates" on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). A conditional use for the church was granted on November 25, 1997, and the church has since been constructed and is currently operating on the subject property. The request is to initially operate the childcare and pre-school programs within the existing facilities. However, the church anticipates that these programs would require expansion of the onsite facilities (new construction) in 2004 (an additional 8,500 square feet) and again in 2007 (another 8,000 square feet). Within the GGAMP, Objective 1.1 and Policies 1.14, 1.15 and 1.16, govern new conditional uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.14 requires conditional use requests to be consistent with the guidelines outlined in the conditional use description section of the plan. Policy 1.15 requires all conditional use requests to be approved by the Board of Count)' Commissioners by a super majority (4/5) vote. Policy 1.16 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. The subject property is within the Estates Designation, Estates-Mixed Use District, Conditional Uses Subdistrict. The subdistrict contains stringent limitations upon the location of conditional uses within the Estates Designation. The subject property meets the requirements for "Transitional Conditional Use", as determined by the Board of County Commissioners, in approving the existing conditional use, in ! 997. The review criteria have not changed since that time. This petition is seeking to add church-related conditional uses on the same property (no change in legal description). Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. I-hSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County JUN 2 2003 Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was not required. An EIS was not required because the site was previously developed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on May 15, 2003. The Commissioners heard presentations by the petitioner, Staff and neighbors. The neighbors stated that they considered the church a good neighbor, but that adding a childcare facility and school would add increased traffic to the neighborhood. Commissioner Budd made a motion for approval, seconded by Commissioner Adelstein, with the following condition: The childcare and preschool uses shall occur in two phases. Phase One shall be limited to a maximum of 65 children/students. Phase Two shall be limited to a maximum of 120 children/students. Phase Two shall commence only upon the completion of construction of the segment of Livingston Road from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Collier Boulevard from Vanderbilt Beach Road to Immokalee Road. By a vote of 5 to 2, the Planning Commission forwarded the petition to the BZA with a recommendation of approval with conditions. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission forward Petition CU-2002- AR-2354 to the Board of Zoning Appeals with a recommendation of approVal with the following conditions: 3 JUN 2 2003 pg. ~ Site Development Plan approval is required prior to Phase Two of the pre-school or childcare facility. The Site Development Plan shall include the following: ao Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left-turn lane, a southbo' 'nd right-turn lane, and an eastbound right-tm lane. The turn lanes shall be shown on the Site Development Plan for Phase Two of the pre-school or childcare facility. b. The Site Development Plan shall indicate signage and pavement striping. c. The Site Development Plan shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement, in front of the church. do Fifteen-foot Type "B" buffers are required along all north and east property lines; and a landscape area, a minimum of 10 feet in width, shall be provided in front of all buildings. A fence or wall along 22 Avenue NW shall be indicated on the Site Development Plan, pursuant to Subsection 2.6.11.4.2 of the [.,and Development Code. Parking areas adjacent to the north and east property lines shall be set back 50 feet and shall be buffered by a wall, six feet in height, constructed of decorative concrete block or pre-cast masonry material, with landscaping, six feet in width, outside the wall. As an alternative to a xvall, parking areas shall be set back 50 feet from the north and east property lines and that area shall be planted with vegetation which provides a 100 percent visual screen from the ground to a height of six feet. go Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required for grassed parking areas. Curbing for these landscape islands is required and may be constructed of pressure-treated wood. The use as a school is limited to pre-school through kindergarten. The number of parking spaces for the school use shall be in accordance with Division 2.3 of the LDC. The required parking area for the school shall be paved. 4 JUN 2 ~ 2003 PREPARED BY: HL, AICP PR_rNCIPAL PLANNER DATE REVIEWED BY: CURRENT PLANNING MANAGER MARGA~T WLfERS'lrLE, AICP PLANN~G SERVICES DIRECTOR DATE DATE APPROVED BY: D~T~ fl(4MUNIT¥ DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summao'/CU-2002-AR-2354 JUN 2 AGENDA ITEM 8-G MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SUBJECT: MAY 20, 2003 CU-2002-AR-2354 PROPERTY OWNER/AGENT: OWNER: AGENT: Faith Community Church of the Nazarene, Inc. 6455 22nd Avenue NW Naples, FL 34119 William Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL 34105 REQUESTED ACTION: The petitioner requests Conditional Use "3" and Conditional Use "4" of the Estates (E) zoning district to add a pre-school and childcare as uses on a parcel which currently has a Conditional Use for a church. The Conditional Use Site Plan also indicates that additional square-footage is to be added, in phases, to increase the area of the church facilities from the existing 8,500 square feet to 2 5,000 square feet. LOCATION: The subject parcel is located on 22na Avenue NW, west of Oakes Boulevard and south of Immokalee Road. The site consists of 4.99 ± acres. - JUN 2 q 2003 DESCRIPTION OF PROJECT: The petitioner seeks two Conditional Uses. A Conditional Use was approved by the Board of Zoning Appeals in 1997 (CU-97-23) for a church. The petitioner now wishes to add a pre-school and childcare as uses and to indicate additional buildings on the church campus. This requires a Conditional Use. SURROUNDING LAND USE & ZONING: SUBJECT: Property developed with a church; zoned E SURROUNDING: North: East: South: West: Single-family homes; zoned E Single-family homes; zoned E 22n~ Avenue NW ROW, across which are single- family homes; zoned E There is a 60-foot drainage easement (canal) on the western portion of the subject parcel that abuts the Tarpon Cove subdivision; zoned PUD (Malibu Lakes) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated as "Estates" on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). A conditional use for the church wE on November 25, 1997, and the church has since been constructed and is operating on the subject property. The request is to initially operate the childcar~ 2 and pre- JUN school programs within the existing facilities. However, the church anticipates that these programs would require expansion of the onsite facilities (new construction) in 2004 (an additional 8,500 square feet) and again in 2007 (another 8,000 square feet). Within the GGAMP, Objective 1.1 and Policies 1.14, 1.15 and 1.16, govern new conditional uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.14 requires conditional use requests to be consistent with the guidelines outlined in the conditional use description section of the plan. Policy 1.15 requires all conditional use requests to be approved by the Board of County Commissioners by a super majority (4/5) vote. Policy 1.16 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. The subject property is within the Estates Designation, Estates-Mixed Use District, Conditional Uses Subdistrict. The subdistrict contains stringent limitations upon the location of conditional uses within the Estates Designation. The subject property meets the requirements for "Transitional Conditional Use", as determined by the Board of County Commissioners, in approving the existing conditional use, in 1997. The review criteria have not changed since that time. This petition is seeking to add church-related conditional uses on the same property (no change in legal description). Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff 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. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a church and childcare on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. 3 JUN 2 2003 STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: a. Consistency with the Land Development Code and the Growth Management Plan. A consistency analysis was performed by the Comprehensive Planning section of Planning Services and the finding was made that the proposed pre-school and childcare may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The Transportation Planning Department has reviewed the existing access points, pedestrian safety, and traffic circulation and has added several conditions. These conditions include a sidewalk along 22nd Avenue NW in front of the church; and turn lanes at the 22nd Avenue NW - Oakes Boulevard intersection when the church adds structures. With those conditions, staff believes traffic and pedestrian safety will be satisfactory. However, many residents in the Oakes Boulevard area have expressed the opinion that the proposed uses will add excessive traffic to Oakes Boulevard, and will create traffic and pedestrian hazards. (Letters are attached to this Staff Report.) Co 4 The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. ~U~~ JUN 2 2003 There will be limited, if any effect on neighboring properties in relation to noise, glare or odor. The sounds of the children in the pre-school and childcare program may be heard by neighbors when the children are out of the building. d. Compatibility with adjacent properties and other property in the district. Both schools and childcare may be allowed in the Estates and other residential districts through the Conditional Use process. Staff considers both uses to be compatible with residential districts. However, many area residents (letters are attached to this Staff Report), while not opposed to the continued existence of the church, oppose the pre-school and childcare. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition because it did not meet the size threshold. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU- 2002-AR-2354 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: 1. Site Development Plan approval is required prior to use of the site as a pre-school or childcare facility. The Site Development Plan shall include the following: a. Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left-turn lane, a southbound right-turn lane, and an eastbound right-turn lane. The turn lanes shall be shown on the Site Development Plan for the next expansion of the Church buildings (shown as Phase II on the Traffic Impact Study dated April 2, 2002). The .... turn-lane construction shall be complete and approved by Collier County prior to any construction expanding the existing buildings. b. The Site Development Plan shall indicate signing and pavement striping. d. Fifteen-foot Type "B" buffers are required along all property line The SDP shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement along the frontage of the church, unless the petitioner obtains a variance from the Board of Zoning Appeals. 5 JUN 2 q 2003 e. A fence along 22 Avenue NW shall be indicated on the Site Development Plan, including a double-row hedge. f. A minimum of a 1 O-foot wide landscape area shall be provided in front of buildings. g. Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required for grass parking. Curbing for these landscape islands is required and may be constructed of pressure- treated wood. 2. The use as a school is limited to pre-school through kindergarten. 3. Required parking for the use as a school shall be in accordance with Division 2.3 of the LDC. The required parking for a school shall be paved. 6 JUN 2 212103 PREPARED BY: p~~L PLANNER DATE REVIEWED BY: 5'-2/- o ~ DATE DATE ,.~Et~H K."§CHMITT DATE fi'COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: CU-2002-AR-32354 Collier County Planning Commission: KENNETH L. Division of Corporations Page 1 of 2 Florida Non Profit FAITH COMMUNITY CHURCH OF THE NAZARENE INC. PRINCIPAL ADDRESS 6455 22 AV NW NAPLES FL 34119 US Changed 04/23/2001 MAILING ADDRESS 6455 22 AV NW NAPLES FL 34119 US Changed 04/23/2001 Document Number FEI Number Date Filed N95000001745 650530132 04/'03/1995 State Status Effective Date FL ACTIVE 04/01/1995 Registered Agent SHUCK, ROY A 6455 22 AV NW NAPLES FL 34119 Address Changed: 04/23/2001 J Officer/Director Detail Name & Address Title SOHN, CRAIG 6647 MANGROVE WAY S NAPLES FL 34109 EPPLER, CARLA 4062 VINE LN T NAPLES FL 34112 ARCHIE, GEORGE 5288 TAMIAMI CT D NAPLES FL 34113 JUN 2 ~ 2003 .../cordet.exe?al =DETFIL&n I =N95000001745&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=~5/20/2003 Division of Corporations Page 2 of 2 ZAWISTOWSKI, CHRiS 2655 WHITE CEDAR LN D NAPLES FL 34109 Report Year 20O0 200 I 2OO2 Annual Reports II]1Il]1 Filed Date 02/26;2002 04/2~/200~ 05/02,'2000 11 II ]Il Intangible Tax [I : P';e¥i°us Filing I :' Return to List ! Next Filing' No Events No Name History Information Document Images Listed below are the images available for this filing. 02/26/2002 -- ANN REPfUNIFORM BUS REP 04/23/2001 -- ANN REP/UNIFORM BUS REP 05/02/2000 -- ANqXl REP/T/NIFORM BUS REP 04/23/1999 -- ANNUAL REPORT 03/26/1998 -- ANNUAL REPORT 02/28/1997 -- ANNUAL REPORT 02/26/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT JUN 2 ~ 2003 .../cordet.exe?al =DETFIL&n 1 =N95000001745&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 5/20/2003 Details Page 1 of 1 Fo,io "o. II 41930720005 Current Ownership Property Addre$s~ 6455 22ND AVE NW Owner Namel! FAITH COMMUNITY CHURCH OF THE AddressesJl NAZARENE INC JJ 6455 22ND AVE NW CitYJ{ NAPLES ~ State~ FL GOLDEN GATE EST UNIT 97 TR 15, ZipJ[ 34119 - 8603 LESS E 600FT, & TR 16, LESS E 600FT OR 1564 PG 96 Section II Township II Range ~ Acres II Map No. 29 II 4a II 26 Il 2.11 II 3B29 SubNo. II '~ Use Code II 71 GOLDEN GATE EST UNIT 97 INSTITUTIONAL Millage Area_ Strap No. I 35650015 03B29 I Millage 2002 Final Tax Roll Values [ Land Value I (+) Improved Value [ (=) Market Value [(-) SOH Exempt Value I (=) Assessed Value [ (-) Homestead and other Exempt Value [ (=) Taxable Value 116,050.00 $ 3,739.00 119,789.00 $ 0.00 119,789.00 119,789.00 $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History IDate II Book-Page II I 01,1998 Ii 2381.255 II I 12,1989 II 1489-169 II I 01,1988 Il 1322-303 Il Amount $120,000.00 $ 72,500.00 $ 92,000.00 The Information is Updated Weekly. JUN 2 z~ 21~3 http://wx~,,v.collierappraiser com/RecordDetail.asp?FolioID=0000041930720008 5/20/2003 HOOVER PLANNING & DEVELOPMENT. INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions April 2, 2002 Mr. Fred Reischl Collier County Currem Planning 2800 N. Horseshoe Drive Naples, FL 34104 CU-2002-AR-2354 PROJECT #2002020034 DATE: 4/11/02 FRED REISCHL Proposed Conditional Use Petition to Add a Child Care and Pre-School for the Existing Faith Community Church, Collier County, Florida Dear Mr. Reischl: The subject 4.99-acre site is located on the north side of 22nd Avenue NW, approximately 500 feet west of Oakes Boulevard. On November 25, 1997, a Conditional Use was approved on the subject property for a church. The Faith Community Church has opened in approximate 8,500 square foot church facility and now desires to add a child care and pre- school. The church currently has approximately 100 persons in attendance at a typical Sunday service, including about 35 children and teachers in classrooms and 65 adults in the sanctuary. The church's existing facilities can be utilized for the child care and the church hopes to open in early Fall 2002, for up to 65 students (the 1 st of 3 phases). In 2004, Phase II is expected to occur. In Phase II, the church's structures would be expanded to an estimated 17,000 square feet and the child care/pre-school facility enlarged to accompany up to 160 children. Per our Pre-Application meeting with County staff, the church would likely need to be installing turn lanes where 22nd Avenue NW intersects with Oakes Boulevard and extending public sewer and water to the site and switching their utilities over fi.om the existing well and septic, prior to the opening of the Phase II expansion. Phase III is projected to occur in 2007, where the church would be expanded to approximately 25,000 square feet of structures and the child care/pre-school facilities increased to serve up to 240 children. During our Pre-Application Meeting, we advised County staff that we would be also be requesting a private elementary/middle school and the total children at all of the facilities would not exceed 300. Approximately 1 week after the neighborhood meeting, the church decided to drop the private school and reduce the maximum number of children being served to 240, in attempting to meet a neighbor's concern with the project. If any additional items are needed or the County staff has any suggestions on improving this project, feel welcome to contact us. ~ Sincerely, HOOVER PLANNING & DEV., INC. William L. Hoover, AICP JUN 2 q 2093 ,,.lq -- HP File #31 lnarrl.ltr 3785 Airport Road North, Suite B-I, Naples, Florida 34105 · Phone: 941-403-8899 ° Fax: 941-403-9009 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: CU-2002-AR-2354 PROJECT #2002020034 DATE: 4/11/02 Planner Assigned: "FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information. Name of Applicant(s) Applicant's Mailing Address City _ Naples Applicant's Telephone # PastOr Roy Shuck of Faith Community Church of the Nazarene, Inc. 6455 - 22nd Ave. NW 514-0040 State FL Zip 3 4 1 1 9 F~ # 593-5222 Name of Agent Agent's Mailing Address 3785 City_ Naples Agent's Telephone # William Hooverw AICP Finn unnv~r Planning Airport Road N.~ Suite B-1 State FL 403-8899 Agent's E-Mail Address: & Dov_: Inc. Fax # Zip 403-9009 34105 Hooverplanning@cs-com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 JUN 2 t~ 2093 PAGE 2 OF 16 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State . Zip Mr..Richard Lydon Name of Master Association: Greater Naples Property Mailing Address 450 Trodewinds Ave. City Naples Owners Assoc, State ~ Zip 2_43_0.S_ Ms. Karen Acquard Name of Civie Association: Gold~n oat-~ E~qtat-~-q A-c~=~ Civic~ Mailing Address 441 - 24th Ave. NE City 1.~l.o~z~9.,~State FL.Zip_,3_4_/2.Q_ o Disclosure of Interest Information.' If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest (Use additional sheets if necessary). Name and Address Percentage of Ownership JUN 2 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAGE 3 OF 16 bo If the property is owned by a CORPORATION, the percentage of stock owned by each. Name, Address and Office list the officers and stockholders and Percentage of Stock If the property is in the name of a TRUSTEE, the percentage of interest. Name and Address NA list the beneficiaries of the trust with Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, name of the general and~or limited partners. Name and Address Percentage of Ownership list the eo If there is a CONTRACT FOR PURCHASE, ;vith an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownershi NA .appLICATION FOR PUBLIC HE~RING FOR CONDITIONAL USE - 02/200~0 JUN 2 2003 PAGE 4 OF 16 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. N_Name, Address and Office.. The property is owned by Faith Community Church of the Nazarene, Inc., 6455 - 22nd Avenue NW, Naples, FL 34116. This is a non-profit 6rganization. Church Officers Include: Roy Shuck, President and Pastor Craig Sohn, Secretary Carla Eppler, Treasurer Robert Mathews, Trustee Chris Zawistowski, Trustee George Archie, Trustee Page 4-A JUN 2 2003 Date of Contract: NA If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Term of lease yr./mos. g. Date subject property acquired ~()[leased ( ):_ - December 23, 1997 If, Petitioner has option to buy, indicate date of option: ~ and date option terminates: _ ., or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed le al descri tion of the ro er covered b the a lication: (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. Applicant shall submit four (4) copies of a recent sur~'ey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicaat is responsible for supplying the correct legal description. If · 's sealed survey questions arise concerning the legal description, an engineer certification or may be required. Township: _ 4 8 _ Range: Section: ___29 Part of Tracts 15 and 16 Lot: Block: Subdivision: G_olden Gate 41930720008 Plat Book_ 7 ,. Page #: 9 5- 9 6 Property I.D.#:_ Metes & Bounds Description: ' ' "" Estates Unit ...97 & 41 930721 007 S_ize of property:. 511 ft. X __fi_3._2~ft- = Total Sq. Ft. (odd-shaped) _Address/eeneral location of subiect property.'__rz.4~5 - 22nd Acres· Ava _ NW _Om_~rth side of 22nd Av~-. Rw,-a~X ........... west of Oakes Blvd. 4.99 ' A fcc~ ' - JUN 2 2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000_ PAC ;--, .,ac ~o Adiacent zonine and land use: Zoning N Estates Estates S E Estates _ W PUD Land use Single-Family Home Single-Family Home Single-Family Home Vacant Commercial & Multi-Family Units under const. Doespropenyownerowncontiguousprope~yt° thesubjectprope~y? Ifso, give completelegaldescfiptionofentirecontiguouspr°peny' (Ifspaceisinadequate, attachon separate page). No Section: Township: Range: Lot: Block:. Subdivision: Plat Book~ Page #: Property I.D.#: Metes & Bounds Description: ~ypeofConditionalUse:T~sapplicationisrequestingconditionaluse# 3 & # theE_ai2&~isthct ~r(TYPEOFUSE) Child care facility and private for pre-school children only. PresentUseoftheProperty: Ch~r~h of 4 school _Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the ma~and ' ! granting of the conditional use will not adversely affect the public interest a~ specific requirements governing the individual conditional use, if any, have bee that further, satisfactory provision and arrangement have been made conc following matters, where applicable. Please provide detailed response to e~ PAGE APPLICATION FOR PUBLIC HEARJ. NG FOR CONDITIONAL USE - 02/200~ ning the ..h q 21X13 criterion listed bel'ow. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): ' oundar with property that is zoned commercial, is less than five acres in size, and therefore qualifies as a Transitional Conditional Use. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: , 22nd Avenue NW and then onto one of the two church s accesses off of 22nd Avenue NW. The existing church has two available drop-off and pick-up points for the children and one of these: is covered on the west side of the church building. c. Describe the effec! the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: This .qhnnld ho n~gligibl~-. d. Describe ~esite'sandtheproposeduse'scompatibili~ witha~acentpropertiesand otherpropertiesin ~edisffict: Tho prnpa~d n~ ~hould ha campatible with neighboring properties based on the required buffers and landscaping already installed by the church. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 e. Please provide any additional information which you may feel is relevant to this request. JUN 2 q 2003 PA E7~~-'~ 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sub|ect prot)ert3'; To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for 3'our application to be deemed sufficient, unless otherwise waived during the preapplication meeting. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8V:" x 11" copy of site plan], drawm to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, C · · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, character, and dimensions (such as height, area, etc.); location of all signs and lighting including a narrative statement as to the type, An Environmental Impact Statement (ELS), as required by Section 3.8. Development Code (LDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PA( >f t~ Land* ] ~, JUN 2 q 2003 EXHIBIT OR: 2381 PG: 0258 PARCFL ONE: Tracts 15 and 16, Golden Gate Estates Unit 97, according to the plat thereof recorded in Plat Book 7, Pages 95 nnd 96, of the Public Records of Collier County, Florida, ~!.~~ the Easterly 600 feet thereof. PARCEL TWO: The Easterly 600 feet of Tract 15, Golden Gate Estates Unit 97, according to the plat thereof recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida, less and excep_ tin~_ ~ East~Iy 300 feet thereof. JUN 2 4 2003 5975195 D~VIDSON ENGINEERING P~GE 0d/85 83/11/2882 1~:26 'Utility Provisions For Conditional Use Request FAITH COMMUNTIY CHURCH PHASE I[ NAME OF APPLICANT: Faith Cpmmunity Chuxch MAILING ADDRESS: 64:~5 22"a Avenue NW CITY: Naples, FL ZIP: _3_4119 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):_ same as above. o LEGAL DESCRIPTION: Section: 29 Township: 48.Rm~gc:.26 Tract: Parts of Tracts 15 & 16 Lot: Block: Subdivision: Golden Gate Estates Unit 97 Plat Book ? Page #: 95-6..Property I.D.#: a1930721007 & 419.30720008. Metes & Bounds Description,: 4.38 Acres TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (check applicable system): A. COUNTY UTILITY SYSTEM X B. CITY SYSTEM C. FRINCHISED SYSTEM. NAME: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM TYPE OF WATER SERVICE 'fO BE PROVIDED (check applicable system): A. COUNTY UTILITY SYSTEM B. CITY SYSTEM C. FK1NCISI.IED SYSTEM D. PRIVATE SYSTEM TOTAL POPULATION TO BE SERVED: X NAME: lO0 Church F~..ats (Existine) 300 Stude. nts 17 School Workers CU-2002-AR-: PROJECT #21 DATE: 4/11/0~ FRED REISCI- ~d/il?~mm~ i~:zb ~?~i~b D~VIDSON ENGINEERING PAGE 03105 10. Il. 12. PEAK AND AVERAGE DALLY DEMANDS: A. WATER - PEAK 9,9 (}PM B. SEWER - PEAK 3.0 GPM · _AVEKAGEDAILY 1398 GPD _AV ERA,Gl::, DA {!,¥~ 1F PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: NARRATIVE STATEMENT: Provide a brie.fm~d concise narrative and schematic drawing of the sewage treatment process to lac used as well as a specific statement r<gurdii~g thc ~,scthod of affluent atad sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located witlfin the s~rvices boundaries of Collier County's utility service system, written notarized s~alement shall be provided agreeing to dedicate to Collier County Utilities thc water distribution and sewage collection facilities within the project os'es upon completion of the construction of these facilities in accordance wifl.~ all appli¢ablc Cvuuty o~dinmaces in effect at' this ~imc. This statement shall also include an agreement that the applicable system development chargc~ and cormection fee~ will be paid to the County Utilities Division prior to the issuance of building permits by thc County. If applicable, the statement shall ennlain .~hall contain an agreement to dedicate the appropriate utility easements for serving thc 'water gnd sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM tOTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potublc watts' ~¢rviccs flora say provider other than the County, a statement from that provider indicating that there is adequate capacity to nerve the project shall b~ provided. JUN 2 2003 Utility Provisions For Conditional Use Request FAITH COMMUNTIY CHURCH PHASE I NAME OF APPLICANT: MAILING ADDRESS: CITY: Naples, FI. Faith Cor~lmunity Church ~,q~ 2~"a Avenue NW ZIP: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 34119 same asabove LEGAL DESCKIPTION: Section: 29 'l'ownship: 45.Rangc:26 Tract: Parts of Tracts 15 & 16 Lot: BIock:__Subdivision: Golden Gate Estates Unit 9'7 Plat Book 7 Page #: 95-6Property I.D.#: 41930721007 & 41930720008 Meles & Botmds Description: __ 4.38 Acres TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (check applicable system): A. COUNTY SYSTEM 1:3. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TR[AIMENf PLANT CAPAC1TY (GPD) E. SEPTIC SYSTEM X (Phase 1) TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system.): Ac B. C. D. COLq'gTY SYSTEM CITY SYSTEM FRINCISI-IED SYSTEM PRIVAT~ SYSTEM X (Phase 1) TOTAL POPULATION TO BE SERVED: NAME: 100 Church Seats (Existin;O 70 Students School Workers JUN 2 4 2003 lO. 11. 12. PEAK AND AVERAGE DALLY DEMANDS: A. WATER - PEAK13_~ GPD AVERAGE DAILY 4,652 GPD (,7,9.6 D. SEWER. PEAK10 (';PM AVEIL,kGE DALLY .'_,.~52 GPI') (9.0.6 Ca_tilts'} IF PROPOSING TO CONq,IECT TO COLLIER COUNTY RFGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE KEQUIRED: NARRATIVE STATEMENT: Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent ~,~d ~ludgc disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from teats prepared by a profeesiona! engineer. COl ,I ,IER COI JNTY UTILITY DEDICATION STATEMENT: It' the project is located within the services boundaries of Collier County's utility service system, wrincn notarized smtemcnt shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage colleclion facilities within the pro. icct area upon completion of the constructiox~, of these facilities in accordance with all applicable County urdi,m:~;c~ J, effect at this time. This statement shall also include an agreement that the applicable system development ch~:rges and corl,ncctJon fees will be po.id to thc Count), Utilitie~ Division prior to the iss~tance of building pem~its by the County. If applicable, the statement shall contain .chill rxmtain an agreement to dedicate the appropriate utility, easements for serving thc water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for al thc pre-application meeting, if the project is to receive sewer or potable water services from any provider other lhan the County, a statement from that provider indicating that thc~'c is adequate capacity to serve thc project shall be provided. JUN 2 20t)3 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions April 2, 2002 Traffic Impact Study for the Faith Community Church Conditional Use Petition to Add a Child Care and Pre-School, Located Approximately 500 Feet West of Oakes Boulevard on the North Side of 22nd Avenue NW, in Sec. 29, Twp. 48S, Rug. 26E, Unincorporated Collier County, Florida INTRODUCTION The subject 4.99-acre site is located on the north side of 22nd Avenue NW, approximately 500 feet west of Oakes Boulevard. On November 25, 1997, a Conditional Use was approved on the subject property for a church. Faith Community Church has opened an approximate 8,500 square foot structure and now desires to add a child care and pre- school. The church currently has approximately 100 persons in attendance at a typical Sunday service, including about 35 children and teachers in classrooms and 65 adults in the sanctuary. The existing facility would initially be utilized in early Fall 2002, for up to 65 students in the child care facility (Phase I). In the future, the church would like to further expand the church buildings in order to have a total of up to 25,000 square feet of church structures and serve up to 240 children within the child care and pre-school facilities. This is expected to occur over 2 additional separate phases. We have anticipated Phase II occurring in 2004, with the church's structures being expanded to total 17,000 and with up to 160 children in the child care/pre-school facilities. We have projected Phase III occurring in 2007, with the church's structures being increased to a total of 25,000 square feet and the child care/pre- school facilities expanded to serve up to 240 children. TRIP GENERATION :rhe ITE's 6th Edition of Trip Generation was utilized to estimate the number of trips for these land uses. Classification "Church (560)" was used for the church buildings and "Day Care Center (565)" was used for the child care and pre-school to estimate those trips. The Fitted Curve Equation, when available, was milized. The church was based on 1,000 square feet of gross floor area ,;&h the church's size at approximately 8,500 square feet in Phase I, 17,000 square feet in Phase II, and 25,000 square feet in Phase m. the day care cemer was based on the number of expected students (maximum of 65 in Phase I, 160 in Phase II, and maximum of 240 in Phase Iii). The child care and pre-school would not be operational on Sundays, as those facilities would be needed by the church. It should be remembered that Faith Community Church is already approved, zoning wise, for future church expansions while the subject Conditional Use application is for the child car, mid ~d~_~, rrlr.,' pre-school facilities. However, the church's trip generation numbers are also being si owrt~ at the request of the County Transportation Planning Division's staff. CU-2002-AI: PROJECT # DATE: 4/11/~ 3785 Airport Road No(t~:.~!t~ B,I, Naples, Florida 34105° Phone: 941-403. FRED REIS( 002020034~.~1 2 Pg' Modification for Multi-Purpose On-Site Trips and Passer-by Traffic Since the day care center would most likely be used by parents who axe members of the church, the day care center's off-site trips were reduced to reflect multi-purpose trips to the day care center/church and also to reflect passer-by traffic. The total reduction in off- site trips for the day care center was estimated at 25%. Normally, the passer-by traffic would be for one of the parents on their trip to or fi.om work. The adjustments are shown below. PHASE I - TRIP GENERATION NUMBERS (Based on 8,500 square foot church and maximum of 65-student child care or pre-school) CHURCH (560) (Based on 1,000 Sq. Ft. with 8,500 Sq. Ft. in Phase I) Formula = Number of Trips per Time Period Enter(%)/Exit(%) Ave. Rate = 9. I 1 x 8.5 = 78 Weekday Daily Trips Ave. Rate = .72 x 8.5 = 6 Wkdy. AM PK HR of Adj. St. Ave. Rate = .66 x 8.5 = 6 Wkdy. PM PK HR of Adj. St. Ln(T) = .593 Ln(x) + 4.766 = 418 Sunday Daily Trips Ave. Rate = 9.49 x 8.5 = 81 Sunday AM PK HR of Gen. 39(50%)/39(50%) 3(54%)/3(46%) 3(54%)/3(46%) 209(50%)/209(50%) 41 (51%)/40(49%) DAY CARE CENTER (565} (Based on #Studems = 65~1 Formula = Number of Trips per Time Period Ln(T)=1.168 Ln(x) + 0.758 = 280 Weekday Daily Trips T = 0.717(x) + 6.280 = 53 Wkdy. AM PK HR of Adj. St. Ln(T) = 0.934 Ln(x) + 0.078 = 53 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 140(50%)/140(50%) 28(53%)/25(47%) 25(47%)/28(53%) DAY CARE CENTER OFF-SITE TRIPS After Adjustmem for Multi-Purpose Trips/Passer-by Traffic 280 x 75% = 210 Weekday Daily Trips 53 x 75% = 40 Wkdy. AM PK HR of Adj. St. 53 x 75% = 40 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 105/105 21/19 19/21 PROJECT'S TOTAL OFF-SITE TRIPS Formula = Number of Trips per Time Period 78 + 210 = 288 Weekday Daily Trips 6 + 40 = 46 Wkdy. AM PK HR of Adj. St. 6 + 40 = 46 Wkdy. PM PK HR of Adj. St. 418 + 0 = 418 Sunday Daily Trips 81 + 0 = 81 Sunday AM PK HR of Gen. Enter(%)/Exit(%) 144(50%)/144(50%) 24/22 22/24 209( 50%)/209(50%) 41/40 2 JUN 2 q 2OO3 PHASE II - TRIP GENERATION NUMBERS (Based on 17,000 sq. foot church and maximum of 160-student child care or pre-school) CHURCH (560) (Based on 1,000 Sq. Ft. with 17,000 Sq. Ft. in Phase II) Formula = Number of Trips per Time Period Ave. Rate = 9.11 x 17 = 154 Weekday Daily Trips Ave. Rate = .72 x 17 = 12 Wkdy. AM PK HR of Adj. St. Ave. Rate = .66 x 17 = 11 Wkdy. PM PK HR of Adj. St. Ln(T) = .593 Ln(x) + 4.766 = 630 Sunday Daily Trips Ave. Rate = 9.49 x 17 = 161 Sunday AM PK HR of Gen. Enter(%)/Exit(%) 77(50%)/77(50%) 6(54%)/6(46%) 6(54%)/5(46%) 315(50%)/315(50%) 82(51%)/79(49%) DAY CARE CENTER (565) (Based on #Students = 160} Formula = Number of Trips per Time Period Ln(T)=l.168 Ln(x) + 0.758 = 800 Weekday Daily Trips T = 0.717(x) + 6.280 = 121 Wkdy. AM PK HR of Adj. St. Ln(T) = 0.934 Ln(x) + 0.078 -- 124 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 400(50%)/400(50%) 64(53%)/57(47%) 58(47%)/66(53%) DAY CARE CENTER OFF-SITE TRIPS After Adjustment for Multi-Purpose Trips/Passer-by Traffic 800 x 75% = 600 Weekday Daily Trips 121 x 75% = 91 Wkdy. AM PK HR of Adj. St. 124 x 75% = 93 Wkdy. PM PKHR of Adj. St. Enter(%)/Exit(%) 300/300 48/43 44/49 PROJECT'S TOTAL OFF-SITE TRIPS Formula = Number of Trips per Time Period 154 + 600 = 754 Weekday Daily Trips 12 + 91 = 103 Wkdy. AM PK HR of Adj. St. 11 + 94 = 105 Wkdy. PM PK HR of Adj. St. 630 + 0 = 630 Sunday Daily Trips 161 +0= 161 Sunday AMPK HR of Gen. Enter(%)/Exit(%) 377(50%)/377(50%) 54/49 50/54 315(50%)/315(50%) 82/79 JUN 2 2003 PHASE III - TRIP GENERATION NUMBERS (Based on 25,000 sq. foot church and maximum of 240-student child care or pre-school) CHURCH {560} (Based on 1,000 Sq. Ft. with 25,000 Sq. Ft. in Phase III) Formula = Number of Trips per Time Period Emer(%)/Exit(%) Ave. Rate = 9.11 x 25 = 228 Weekday Daily Trips Ave. Rate = .72 x 25 = 18 Wkdy. AM PK HR of Adj. St. Ave. Rate = .66 x 25 :: 16 Wkdy. PM PK HR of Adj. St. Ln(T) = .593 Ln(x) + 4.766 = 792 Sunday Daily Trips Ave. Rate = 9.49 x 25 = 237 Sunday AM PK HR of Gen. 114(50%)/114(50%) 10(54%)/8(46%) 9(54%)/7(46%) 396( 50%)/396(50%) 121 (51%)/116(49%) DAY CARE CENTER (565) (Based on #Students = 240) Formula = Number of Trips per Time Period Ln(T)=l.168 Ln(x) + 0.758 = 1286 Weekday Daily Trips T = 0.717(x) + 6.280 = 178 Wkdy. AM PK HR of Adj. St. Ln(T) = 0.934 Ln(x) + 0.078 = 161 Wkdy. PM PK HR ofAd. j. St. Emer(%)/Exit(%) 643(50%)/643(50%) 94(53%)/84(47%) 85(47%)/96(53%) DAY CARE CENTER OFF-SITE TRIPS After Adjustmem for Multi-Purpose Trips/Passer-by Traffic 1286 x 75% = 964 Weekday Daily Trips 178x75%= 134 Wkdy. AMPKHRofAdj. St. 181 x75%= 136 Wkdy. PMPKHRofAdj. St. Enter(%)/Exit(%) 482/482 71/63 64/72 PROJECT'S TOTAL OFF-SITE TRIPS Formula = Number of Trips per Time Period 228 + 964 = 1192 Weekday Daily Trips 18 + 134 = 152 Wkdy. AM PK HR of Adj. St. 16 + 136 = 152 Wkdy. PM PK HR of Adj. St. 792 + 0 = 792 Sunday Daily Trips 237 + 0 = 237 Sunday AM PK HR of Gen. Enter(%'}/Exit(%) S 96(50%)/596(50%) 81/71 73/79 396(50% )/396 (50%) 121/116' TRIP DISTRIBUTION The project's trips were distributed based on dwelling unit counts within Traffic Analysis Zones (TAZ) of the project's trade area or marketing area. A map showing the project's trade area and trip distribution for each TAZ is shown on Exhibit 2. The number of dwelling units in each TAZ were first put on a list (see Appendix) and these were based on the 2001 dwelling unit counts as of March 31, 2001. After totaling all of the dwelling units within the trade area, the ratios of the dwelling units within each TAZ compared to those within the total trade area were computed for all of the TAZ. The ratios were rounded to the nearest full percentage point. Next each ratio was assigned to the closest roadway serving each TAZ. This is also shown on Exhibit 2. The pro,ject's cumulative trip distribution was then determined by having the traffic utilize the most likely route to and fi.om the subject site (see Exhibit 3). JUN 2 4 2003 RADIUS OF DEVELOPMENT IMPACT The RDI was based upon the County's determination that the RDI for this type of project is any arterial roadway within 5 miles where the project's trips exceed 1% of LOS C based on peak hour traffic for that roadway segment. Exhibit 5 shows that the project's Phase 1 traffic would have an RDI of Immokalee Road, between Livingston Road and Oakes Boulevard; Oakes Boulevard, between Vanderbilt Beach Road and Immokalee Road; and Vanderbilt Beach Road, between Oakes Boulevard and Logan Boulevard. Exhibit 8 shows the project's Phase II RDI. This is Immokalee Road, between Airport Road and Collier Boulevard, and Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road. Exhibit 10 shows the project's Phase III RDI, which is Immokalee Road, between Airport Road and Collier Boulevard and Oakes Boulevard, between Immokalee Road and Vanderbilt Beach Road. PLANNED ROADWAY IMPROVEMENTS The numerous planned roadway improvements based on the latest AUIR are shown on Exhibit 6. These planned improvements were utilized when projecting future RDIs and LOS standards. EXISTING TRAFFIC/PHASE I TRAFFIC (2002} To project the existing 2002 traffic and future traffic the data fi.om the County's 2001 traffic counts was utilized. After adjusting these gross counts to reflect the truck factor (.9524), traffic projections beyond 2001 were increased annually by 8% to reflect growth and background traffic. Peak Season Daily Traffic was based on the Peak/Annual Ratios also shown in the County's 2001 traffic counts. In 2002, Oakes Boulevard is at LOS B; Vanderbilt Beach Road, between Oakes Boulevard and Logan Boulevard is at LOS F; and Immokalee Road, between Livingston Road and Oakes Boulevard is at LOS F. FUTURE TRAFFIC FOR PHASE II (2004~ The numerous road improvemems currently being made or those planned in FY 03 will have substantial impacts on traffic patterns and volumes within the project's study area and RDI. To reflect these changes within the project's RDI, the following 2 adjustments were made. The opening of Livingston Road and the 4-1aning of Collier Boulevard will provide quality alternative roadways to Oakes Boulevard that are projected to reduce traffic along Oakes Boulevard by 25% in 2004. Likewise, the widening of Vanderbilt Beach Road in FY 03, the recent completion of the Pine Ridge Road widening to 6 lanes (impacts have not yet shown up on the County's traffic counts), and the opening of Livingst, n Road to Bonita Beach (should reduce the motorists traveling along Immokalee Road between 1-75 and Airport Road in order to utili?e 1-75 for local travel). To reflect these improvements the 2004 traffic on Immokalee Road, between Airport Road and 1-75, was reduced by 20%. ~ ~ JUN 2 All of the roadway segments within the project's RDI in 2004 will be at LOS B, both with and without the project's traffic, except for 1 segment along Immokalee Road (see Exhibit 14). Immokalee Road, between Airport Road and Oakes Boulevard, will be at LOS F. FUTURE TRAFFIC AT PHASE III BUILD-OUT (2007] All roadway segment's LOS within the project's RDI are projected to remain at LOS B except for the one segment along Immokalee Road that is projected to remain at LOS F. PROJECT'S IMPACT WITHIN RDI The project's traffic will not drop the LOS on any roadway segment within its RDI in any of the 3 phases. TURN LANE ANALYSES Exhibit 15 shows a turn lane analysis for the project's Phase I traffic, including the existing church's traffic, for the intersection between Oakes Boulevard and 22nd Avenue NW. During the Pre-Application Meeting it was noted by County staff that typically turn lanes would be required in this type of situation (local road accessing onto a collector roadway) if any of the project's traffic movements had 20 or more vehicles per AM or PM Peak Hour. Exhibit 15 shows that the southbound right movement had 18 vehicles in the AM Peak Hour and the eastbound lett had 18 vehicles in the PM Peak Hour. All other movements were 16 vehicles or less. The church desires to keep their Phase I traffic below the thresholds for turn lanes. Their plan is to significantly increase church attendance prior to Phase II being initiated and then t ~aking out a major mortgage for all of the improvements at that time. Prepared by: HOOVER PLANNING & DEV., INC. William L. Hoover, AICP HP #31 ltisl JUN 2 2ffi3 EXHIBIT 1 VICIIV! TY MA P -,-, $ CL. /~ ~ Immokolee Road i~Hw ~ Subject ~ Project 6r. ~ ~ ~ Golden Gat ~ ~ Parkway Blvd. ()Pine Ridge Rood Green Blvd. JUN 2 ~ [ ~3 © -- LS6 kid °o-% JUN 2003 PIEOJEC T'S EXHIBIT 3 CUMULA TI VE TRIP DISTRIBUTION .5 1 ~ ~ w i ~ S Mile ~ .~_ 21% ~ 40% ~ Subject ~ ~ Project ~ ~~ Vanderbilf Beach Road ~ ~5~ 2~ ~ 4~ ' ~ ~ ~ / ~ ~ Golden Gate .~ ~ Park Green Blvd. JUN 2 ~~3 EXHIBIT 4 PROJECT'S PHASEI TRIP ASSIGNMENT IN 2002 KEY 1) AM PEAK HOUR (46) PM PEAK HOUR (46) 23~ W££KOA Y DAILY (258) .5 I ~.~d w ~ I ~ ~ 10 s Mile ~t I0 ~ Immokalee Road / 10 98 --__ 28 ~ 1 60~ ~ 175 ~ 9 e ~ Subject l ~ ~ 18 ~ o 1 ~ Projecf~~ 115 / 1 ~ ~ 9 ~ ~ Vonderbflt Beach Road 0 7 10 2 0 ~ 7 10 2 / Blossom ~ t 3 ~ 45 ~ 60 12 0 ~ ~ o ~ 3 Golden ~ P~rk way 1 s Green Blvd. JUN 2 ~ ~3. EXHIBIT 5 DETEIEMINA T/ON OF PROJECT'S PHASE I RDI IN I.) GREATER OF PROJECT'S AM OR PM PEAK HOUR TRIPS 2,) PERCENT OF ROAPWA ¥'$ LOS ¢ AT PEAK HOUR ..~,) WITHIN RDI (1.0% OR MORE OF ROADWA¥'$ LOS 2OO2 ~ '~ W .5 I P, ~ { ~ ~ 10 s Mile ~ ~ O. 5% t Irnrnokolee Rood / ~ ~ ~o ~.2~ ~ 2~ NO ~S ~ NO ~ ~ 18 ~ Sub]ec~ ~ 2. 0% ~ 1 ~ Project ~ ~S / O. ~ ~ NO Venderbilt Beoch Rood o z ~o ~ 2/ 0.0~ ~ 0.~ ~ ~.2~ ~ 0.2~ / ~ r. NO ~ NO ~S NO ~ ~ ~ o ~ 0.0~ j ~ c S~v4. ~ 0.1% NO ~Pine Ri~Rood Green Blvd. JUN 2 AUIR PLANNED EXHIBIT 6 ROAD WA Y IMPR 0 VEMEN TS 5 1 ~ ~ w-~ E Mile c ~ ~ ~ ~ Immokdee Roo ~ I ~ ~ 22nd Ave. NW " ~ Project ~ ~ ~ ~ Golden ~ Pork woy d · c Blvd. ~ I ~ ()P;ne Ridge Rood~ Green Bird, JUN 2 ~ 003 EXHIBIT 7 PF~OJEC T'$ PHASEII TRIP ASSlGNMENT IN 2005 KEY ~) ,~M PEAK HOUR (~03) 2) PM PEAK HOUR (105) 3) WEEKDAY DAILY (754) c~ ~ N ~ ~ w .5 1 ~ ~ ~ ~ ~ 22 s Mile ~ ~ 22 .~ 158 22 $5 L . 62 22 56 65 ,58 256 ~'~ 452 ~ 2~ ~ Subject 42 ~ Project ~02 / ~ 2~ ~ Vonderb[It Beoch Rood 1 15 22 22 I ~ 16 ~ 158 ~ ~0 1 Blossom ~r. 8 ~ 113 ~ ~ o 8 Golden Gate .~ ~ Parkway ~ c S~d. ~ ~ ~ 2 ~ 2 ()Pine Ridqe Rood Green Blvd. J UN 2 ~2003 DETERMINATION EXHIBIT 8 OF PROJECT'S PHASE II RD! KEY GREATER OF PROJECT'S AM OR PM PEAK HOUR TRIPS PERCENT OF ROADWAY'S LOS C AT PEAK HOUR WITHIN RDI (1.0% OR MORE OF ROADWAY'S LOS C,) IN 2005 ~ ~ N .5 1 ~ ~ w ~ I u~ ~ 22 s Mile ~ ~ 1.2% .~ YES / ~6 ~ Subject ~ ~ 4.5% o ~ YES ~ Pro]ect ~ O. ~ ~ ~o ~ ~ Vonderbilt B~o~h Rood ~ 0.2% / O. 0% ~ O. ~% ~ O. 4% ~ NO 1 ~'. NO ~ NO NO ~ ~ ~ O. ON ~ ~ '~ ~ 2 -~ ~ c ~. 0.2% NO ~Pine Ridqe Rood PtEOJEC T'S EXHIBIT 9 PHASE III TRIP ASSIGNMENT IN 2007 1) Aid PEAK HOUR (152) 2) PM PEAK HOUR (152) J) WEEKDAY DAILY (1192) ~ o N · ~ J2 ' ,]2 Mile ~ ~ 250 J2 405 ~ 250/ ~ ~ 715 ~ 56 ~ Subject 61 ~ 5 m Pro, ct 477 ~ 5 ~~ Beoch Rood Vonderbilt J2 r. 12 ~ 179 ~ 250 ~ 48 2 ~ ~ ~o 12 Golden Gore ~ Park way 24 ~~~PineRid~R°°d Green Blvd. JUN 2 EXHIBIT 10 DETERMINATION OF PROJECT'S PHASE III RDI IN KEY 1) GREATER OF PROJECT'S AM OR PM PEAK HOUR TRIPS PERCENT OF ROADWAYS LOS C AT PEAK HOUR 25~ WITHIN RDI (1.0% OR MORE OF ROADWAY'S LOS 200? .5 1 ~ ~ I v~ ~-. 32 s Mile ~ ~ 1.7% / 52 52 4.0% k 9 ~ 5 ~S YES ~ NO ~ Subject ~ 6. 6~ ~ 5 ~ ~ NO 2 2~ ~2 O. ~ ~ ~ NO ~ NO ~ NO ~ ~ NO .~ ~ / Porkwoy 0.3% ~Pine Ridqe Road Green Blvd. JUN EXHIBIT 11 EXISTING TRAFFIC IN KEY' 1) AADT/LOS 2) PSD T/AAD T RA 770 5) PSD T/L OS 2002 0 t .5 1 Mile .31, 466/LOS E 135.81% 42, 104/L OS F e Blvd. Subject Project N w E S NW Irnrnokalee Road ~1,268/LOS B 99. 40~. 1 I, 200IL OS B Van derb il t ~J 20, 147/L0£ F ~! 102. 09,~ ~ 20,569/LOS F E Green Blvd. / 3each Road Golden Gore Parkway EXHIBi T 12 EXIST INS PSDT IN PHASE I (2002) KEY.. 1) Wi~hou~ Project's Traffic/LOS 2) Project's Traffic 3) With Project's Traffic/LOS .5 I Mile 42, 104/LOS F 42,202/LOS F ~.cq_~_~ BIassam J ~ C Blvd. Subject Project N w E S NW ii,200/LOS B 11,$15/LOS B Vanderbilt Beach Rood 20, 569/LOS F ~ 6O ~ 20,629/LOS F ~ ...J Pine Rid e Rg.~_~ Green Blvd. / JUN 2 ~ Golden Gate Park way EXHIBIT 15 EXIST/NO PSOT IN PHASE !1 (2004) KEY. 1) Without Project's Troffic/LOS 2) Project's Traffic 3) With Project's Troffic//LO$ .5 1 ~ ~ : -; ~ ~ w E Mile -~ .~9,288/LOS F ~ ~ 20,977/LOS B s 256 ~ ~ 158 ~9,544/LOS F ~ ~ 21,1~5/LOS B / ~ ~ ~ ' Immokolee Rood ~ . ~, 7~8/LOS p~ 452 I0,250/LOS B ~ Subject 502 ~ Pro, ct 10, IO0/LOS B Vonderbilt Beoch Rood ~ ~ ~ Golden Gore .~ ~ P ~rk way ()Pine Ridqe Rood Green Blvd. / JUN 2 ~ 2003 EXHIBIT 14- £XISTIN~ PSDT IN PHASE III (2007,) KEY 1) Without Project's Traffic/LOS 2) Project's Traffic .~) With Project's Traffic/LOS .5 t ~k~ ~ ~~ C~ W E Mile -~ ~ 49,492/LOS F ~ ~ 26,451~0S B s 405 ~ ~ 250 49897/LOS F ~ ~ 26,701~0S B ~ /~ ~ Immokolee Rood / k ~2nd~ 12, 542/LOS B l& 057/LOS B ~ ~ Subject~ ~ 477 ~ ~ ~ ~2,8~/LOS B ~ ~ Pro~c~ ~ ~ Vonderbilt Beoch Road ~ ~ ~ Golden Gat~ ~ Park way j ~ C BI~. - ~ ~ (~Pine Ridge Rood Green Blvd. ~ JUN 2 q 2003 EXHIBIT 1 5 //----'4, /5' // 2003 ,I ............ ' i 7 ./l 7:- 9 !.._./...2 ......... ~.~ ~.:7.'z ................. 2../ .......... :'. .... q... ............. ,....2..~ ..... ~.~i ........... ~.~..-?~ ..... ~: - -" TT ........ ~: .... ........ ~ ........ ~ .... ~..~z. " : ................... ~: ..... ~_~ ....,,~. .... ~.. ,~ q$ ...... t'~ .............. >+ ............ · ..2 ....... 5:1.. 2 ~. ..... ~l_q... 2.7~, ....... 511. ..... ~.~ ....... !3.,. .... lP_~_ ...... ~f?~... .f- . .~_~ ........ C/,~ ,"eL Public Participation Meeting Summary Faith Community Church Conditional Use March 11, 2002 The meeting was called to order at 5:22 PM by Collier County Planner Fred Reischl. There were 13 people in attendance including Collier County Community Planning Coordinator Jane Eichhorn. Mr. Reischl outlined the Conditional Use process and introduced Bill Hoover bom Hoover Planning & Development as the petitioner's representative. Mr. Hoover gave an overview of the proposal for child care and eventually a school. Questions raised included a clarification that only the existing facilities would be used in Phase 1 ofchildcare only. A neighbor of the church raised concerns about the potential increase in traffic. He wasn't concerned about the Phase 1 daycare but noted that 300 children in total at Phase 2 concerned him. Mr. Hoover reminded the group that a Traffic Impact Statement is required by Collier County as part of the process. This will provide the necessary review by Collier County Transportation planners. Mr. Hoover noted that turn lanes on Oakes Blvd. Will be provided prior to Phase 2. Pastor Roy Schuck of Faith Community Church noted that the school will only be the primary grades. It was noted that many of the parents would be dropping offmore than one child with each car trip. Mr. Reischl noted that the public will have more input at the Planning Commission. Audience members noted that there was a great need for daycare in the neighborhood and those parents were driving somewhere every day already. The meeting ended at 5:48 PM. CU-2002-AR-23 PROJECT #200: DATE: 4/11/02 FRED REISCHL 020tl[J~ 2 It Letter Affidavit Faith Community Church Conditional Use On February 27, 2002 letters were mailed to all property owners within 1,000 feet of the subject property. Additionally letters were mailed to the North Naples Property Owner's Assn. and the Gol0en Gate Estates Area Civic Assn. William L. Hoover, AICP Oakes Estates Advisory, Inc. PO Box 111046 Naples, FL 34108-1146 May 22, 2002 Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 Re Petition #CU-2002-AR-2354 Dear Mr. Reischl, Over the past 24 months, Thc Oakes Estates Advisor3', Inc. and its predecessors have made several attempts to ascertain the chief concerns of our neighbors, and overwhelmingly, the single biggest concern in our area is excessive traffic on Oakes Blvd. We, as an association, having been solely developed to serve the interests of our neighbors, must therefore state our opposition to the introduction of a school in our neighborhood. We also wish to inform all interested parties that our association is very much in favor of the expedition of the opening of additional north/south corridors, such as Livingston Road from Vanderbilt Beach Road on the south up to Immokalee Road. We are opposed to any development or activity that will add vehicular traffic to Oakes Blvd. For the record, we are also opposed to the widening (or adding of additional lanes) to Oakes Blvd. Commissioner Tom Henning, having attended several of our association meetings, is very familiar with our group and our opposition to the over use of Oakes Blvd. Our approximately 500 property owners can and will become very vocal in opposition to anything that will further overcrowd our area w4th traffic. Thank you very much for your consideration of the matter. Please decline the request to rezone for a school. Please contact me ill can provide an)' more information or if there are any proceedings of which my group should be made aware. Sincerely, Brian Jo Kirk President, Oakes Estates Advisory, Inc. 254-2221 JUN 2 ~ 2003 O: Mr. Fred Reischl lanning Ser~4ces DepL $00 N. Horseshoe Drive ;aples, FL 34104 ~£: Petition # CU-2002-AR-2354 ~ar Mr. Reischl, am axiting today to voice my opposition to the request for property rezonmg ~' the Faith Community Church located at 6455 22~ Ave, NW. tv understanding is that the church intends to add a child day care and pre-school. My concern is that this b-ill only add more traffic to Oakes :;i~'d., which is already over burdened. 'lease recommend that the reZ~_Jlg,)request be denied when the time comes. Thank you very much. ~ ncerel_y., ZYakes Estates Reside L/0 Document 1- 0/0/00 0:00 AM JUN 2 2003 RECEIVED AU6 - 6 2O02 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22'~d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only more traffic to Oakes Blvd., which is already over burdened. Please recommend that tahdedrezoning reques3~ denied .when the time comes. Thank you very m~-~/ Smcerelyr' ~ ~U Kathryn and Fred Bickford Oakes Estates Resident JUN 2 A 2OO3 To: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FI. 34104 5815 20th Ave. NW Naples, Fi. 34119 Aug. 6, 2002 Re: Oakes Estates Dear Mr. Reischl, l. We don't want Oakes lo evei: Lx' a Ibm-lane road. In fact, we would like to have it classified as residentia! and n9t for through traffic, and have thc speed lin'fit rcdt~ced Io 35mph. ' · 2. To accommodate the existJ, ng hca'O' lratt~c on Oakcs, l.ogan extension, from Vanderbilt Beach ext. to. lrrunokal;e Road, will have ~o bc cxp~:dited. ttO\VEVER, no one wants a'py of thc namL-ered avenues to connect Oakcs arid - '~ · I:e placed along the I.ogan. \Vt bel;¢vc a buffer wall, n~ccly landscaped, should length of the new I,ogan extension, between ~h¢ ends of our a'~ c~;t:cs and Logan. .Sin',ilar to what was done bet~wcen the Pine Ridge uN¢ighborhood) and Vandcrbilt a ,-Ol:~[atc th.rot~gh Beach Road. Logan extcnsxonthcn becomes a much more pp. street, because it won't have any private drNcways or bus stops. The completion of Livingston also helps offset thc need for Oakes to be a Norlh-South corridor. 3. Ttxe buffering systc~n used o~ Logan sho~fld continue up Vandcrbilt be}find thc homcs,-of thc southcrmnost residents of 10tt~ Ave. 4. \Ve also do not want to see any of the property in our area, bc rezoned far purposc of introducing any schools, as has alrea'3y been proposal. Faith Community Church, located ~t 6455 22~ Ave. YW has applied for rezo~g of . · · to add a clSld c:rc and pre-school, w'rdch, according to tl~cir own ~hI~:r~vYould have al,pro~mtcly 300 students. That could add as many as 600 additional ctu trips daily' 39 Oakes Blvd. It is important to note; we do not oppose schools, we oppose heavy Iraf[ic. Sincerely, M. Catherine and Peter Goodin JUN 2 q August 5, 2002 TBG 9'he glate _a.q Cutup, RECEIVED '3'huud Dept. 2500 N. Xap~e,,, 5£ 34H14 RE: The Oakes Estates Rezoning-Our Home 5Vip wife andl reside in The Oakes community on J8ts ~'venue where we haYe an office in our home. With all of the recent changes in our city, we felt the need to compose a letter to you regarding certain issues facing our neighborhood We were recently informed that faith Community Church located at 6455 22 applied for a property rezoning in hopes of adding a child day care andpre-schoo£ facility. Our concern is awlded traffic to Oakes Blvd. What appealed to us about The Oakes was that it was a residentialneighborhoodwith one way in andone way out=Oakes Blvd. It seerned that the only reason for anyone to be on Oakes was to leave their home or to return to their home. It Las always been a place where our kids could safely ride their bicycles, play andrun without fear of subjection to racing traffic. Over the past couple of years, we have seen that change. The original city plans were to exterwl £oBan straight across to Immol~alee. This was before Island Walk went irt. The Developer maaCe sure he positioned the homes and layout of the community where tile plan to extend £ogan would not fie possible. It is arruzzinB what money can do to change 20 year oldplans! Now the plan is to zig-zag £ogan Extension between Varuferbtlt and Immokalee at the end of our streets. If this will save Oakes Bird and ease traffic congestion on Oakes, my wife andI are atT for it. We wil~ (uywever, not stand for our dead--end streets being opened up. 3qe stand united as a community requesting a fmffer watt with a bordering appea(ing landscape to run the lenBth of ZoBan Extension between the env[s of our a~,enues and £ogan. ~est assured that we will do whatever it takes, .~r. 7~eisch~ to maintain the quaintness and serenity the Oakes has to offer. We att take comfort in ~ esiding here with the irtcreasing big-city surroundings, which Collier County has alfowed with atT of the incoming deYelo, pments anaC fruilding. When £i¥ingston ~waxf is completed, this wiff Bive right of ways for traffic on both sixfes we do not want any re-zoning takingplace for the purpose of axing schools or any commercial zoning. We want to t~eep this a quaint resixfentia£ community. We look forward to raisir~ ~, ,r. JUl 2 TBG In closing, ~lr. ~isch£-some things shouldnot cfian~e. Some thin~s are ~etter left as tfxey are to appreciate the y~faples that once was. ~4~e all standunited as neighbors, family and frierds to protect the integrity of this great community-The Oakes- in which we are proud to resiz(e. 'We have addressed this letter to you as we are confident that your opinicm is fti~fily respectedwith the town of y~faples. 'We know that you are on our sixf_e and appreciate you very mucfu Thanks from our family to yours! s ect rr yours, 5970 18t~ ~qyenue 2YW Naples, FL 34119 (239) 596-47:55 ftome cc: Oakes Estates Advisory, Inc. Appraisal & Umpire Services * Professional Consultation & Representation * Catastrophe Property Claims * Commercial / Residential Building Damage & Defect Evaluati~ Water, Fire, Vandalism & Arson Specialists * FWUA & NFIP Certified * Cause & Origin Investigati~ P.O. Box 110910 * Naples, Florida 34i08-0116 * 941-596-4738 * FAX-' ~s * RooFUonsunantg JUN 2 2003 ~1-596-4739 7 AUGUST 2002 Mr. Fred Reischl Planning Services Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Petition gCU-2002-AR-2354 Dear Mr. Reischl, Thank you for the opportunity to contact you regarding the proposed rezoning requested by the Faith Community Church currently located at 6455 22nU Avenue NW off Oakes Bh,d. Our neighborhood has learned that Faith Community wishes to include a da), care and pre-school to its facility. H~dle I would not prohibit attyone from caring or teaching children, we must also remember that the Oakes area is a neighborhood with resident children whose safety must be considered with the obvious increase in traffic fiow on Oakes that the day care and pre-school would generate. Oakes Bh,d. already has a traffic situation that hopefully will be relieved somewhat **,hen Logan and Livingston Roads are completed. The addition of Tarpon Bay and Malibu Lakes have already caused a burden on Oakes for residents of our area. Additional traffic resulting from the Faith Community project would only add to the residents' dilemma. The residents fear the increases in traffic would encourage the county to four lane Oakes Blvd. which would seriously compromise our quality of life. I urge you to deny this rezoning request. R espectfu~~ Davi~ietzlaff Oakes Estates Resident JUN 2 Dave & Traci Walker 6161 22nd Avenue N.W. Naples, FL 34119 (239) 591-1554 fax (239) 591-0367 e-mail: Traciwalk~vfla.rr. com August 5, 2002 Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition #CU-2002-AR-2354 Dear Mr. Reischl: We would like to express our concerns regarding the request for property rezoning by the Faith Community Church (6455 22nd Ave. N.W.) which is located at the end of our street. Our road is already extremelF, overburdened with traffic. Our neighborhood cannot possibly take on several hundred additional cars passing through here on a daily basis! Please recommend that the rezoning request be denied when the times comes. Respectfully, Dave & Traci Walker JUN 2 ~ 2O03 RECEIVED AUG 2 ? 2002 August 23,2002 Planning Services Dept. At-tn: Mr. Fred Reischl 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition #CU-2002-AR-2354 Dear Mr. Reisch[, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a ckild day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. 940 Oakes Blvd Oakes Estates Resident 2003 ~g.~ R£CEIV£D SEP - 9 2002 September 4, 2002 Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Dr. Naples, Fl 34104 RE: Petition #CU-2202-AR-2354 Dear Mr. Reischl, I wish to express to you my feeling of the request for property rezoning by the Faith Community Church located at 6455 22"a Ave. NW. My understanding is that the church intends to add child-care and preschool services. This will add more traffic to Oakes Blvd., which has more than its share already. The construction traffic, alone, traveling down Oakes Blvd. is dangerous enough and adding more to that is just waiting for a tragedy to happen. I feel that Oakes Blvd., even though it is a connecting street between Vanderbilt Beach Ext. and Immokalee Rd., is a residential area and should be treated as such - not just a major thoroughfare as it is becoming. Please recommend that the rezoning request be denied when the time comes. Thank you very much for your time and attention to my letter. Sincerely, Michele Quintero Oakes Estates Resident 2003 ~' ~---~~ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Since~ly, ~ ~I'odd A. Weber 6225 14th Ave NW Oakes Estates Resident JUN 2 ~ 2003 August 8, 2002 Michael and Bobbi Sutton 5830 24th Ave. NW Naples, FL 34119 Re: Petition # CU-2002-AR-2354 Dear Mr. Reischl, We are sending this letter today to state our disagreement with the property rezoning by Faith Community Church located at 6455 22"d Ave. NW. It is our understanding that the church plans to add a child day care and pre-school. We know this will add more traffic and congestion to an already over-crowded Oakes Blvd. In order to leave our street, we must often sit and wait for five minutes for traffic to clear enough to get out onto Oakes Blvd. Turning left onto Oakes Blvd is almost impossible and without a doubt very dangerous because of the heavy volume of cars. Please recommend that the rezoning request be denied when the time comes. We appreciate your consideration in this matter. Sincerely, Mike and B~bbi Sutton ~ ,.,~ ,,.,, ,~ ~ . -~ y z , o r~ c ~ , "T~ .e ~ k 7'00 SINCER, EL¥/ Page 1 of 1 reischl_f From: denton baker [dentonbaker@sprintmail.com] Sent: Monday, July 29, 2002 12:56 AM To: reischl_f Subject: Opposition to Community Church Daycare 28 July 2002 To: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am ~vriting today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Denton and Connie Baker 5640 l0th Avenue NW 34109 Oakes Estates Resident 8/5/2002 AC, ENDA ., '7 JUN 2 q 2003 Richard L Udgard, Jr. Home Phon~ 941-597-25~2 Email Lid~a.n.com 5810 10lb August08,2002 Mr. Fred Reisch Planning Services Dept. 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Petition # CU-2002-AR-2354. Dear Mr. Reischl, I live offOakes Blvd. in north Naples. I am opposed to Faith Community Church's request for property re-zoning at 6455 22nd Ave NW. I believe they plan to add a day care and pre-school. I am not against churches, in fact, quite the opposite. But I am against increased traffic on Oakes Blvd, which is already overloaded. This rezoning will only add to the traffic, especially during morning and afternoon hours when it is already the heaviest. Please recommend that the rezoning request be denied when the time comes. Sincerely, Richard E. Lidgard, Jr. 2003 Napl~s~ FL 34119 Phone 860-8745 Fax 94 !-598-9605 Home 941 598 2323 RECEIVED July ! 9, 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, ! am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. JUN 2 ~ 2003 Nora Beyem 6060 22"' Avenue NW Naples, FL 34119 Telephone: 239.566.1181 Fax: 239.566.7057 E-Mail: eagles3Qnaples.net July 29, 2002 Mr. Fred Reischl Planning Services Department _ 2800 N. Horseshoe Ddve Naples, FI 34104 Re: Petition #CU-2002-AR-2354 RECEIVEI3 AU6 - 2 2002 Dear Mr. Reischl: It is my understanding that Faith Community Church located at 6455 22r~ Avenue NW has requested property rezoning so they may add a child day care and pre- school. Please recommend this request be denied. We currently live on 22nd Avenue NVV on the east side of Oakes Blvd. Because this street is only a short distance from the busy intersection of Oakes Blvd. and Immokalee Road, we already experience long delays and dangerous situations trying to gain ingress and egress to our street. In season at morning and afternoon peak traffic times, vehicles may be backed up in the northbound lane of Oakes from the traffic light all the way back to almost 20th Avenue. When trying to merge from 22nd onto Oakes, turning left becomes a genuine safety issue because it is impossible to see vehicles traveling in the southbound lane. It is terrifying to think of an accident happening as children wait on the comer for their school bus. If the church (on the west side of 22nd Avenue) is permitted to open a school and day care center ~add to ~and unsafe condition of more ~ because most likely their peak traffic pattern would be the same time as the peak traffic time on Oakes Blvd. Aside from the safety issue, the logistics of possibly 600 daily car trips going in and out of this short street (some turning left and some turning right unto Oakes) is not prudent reasoning on the church's part. Sincerely, Nora Beyers JUN 2 4 21)I)3 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 R£¢ IVEo RE: Petition # CU-2002-ARo2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 2O03 RECEIVED AUG - 6 2002 TO: Mr. Fred Reischl Planning Services t)ept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is thru this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 ~ 2003 RECEIVED AUG - 7 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident - 7 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22Dd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident TO: lVlr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 4 2003 TO: Mrl Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. JUN 2 q 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AUG - 8 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerel[', · /] / Oakes Estates Resident JUN 2q 21:103 / TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22Da Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident JUN 2 ~ 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22na Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request ~_.denied/~3,'hen the time comes. Thank you very much. Sincerely, ~ ~ Oakes Estates Resident JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, ~ ff J,, C~es Estates Residen JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22Dd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AUG - 2 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much~ Oakes Estates Resident JUN 2 ~t 2003 AU$ - ~ 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposilion to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that xhe rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident JUN 2 ~ 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AU$ 23 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22ua Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, '. I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very mucl~ Sincerely, Oakes Estates Resident 5815 20th' Ave. NW Naples, FL 34119 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU.2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 2003 S39 RECEIYED SEP 1 B 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22'~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 h 2003 SEP 2 3 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Residem 2003 SEP 2 o 200! TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear I~. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22na Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident SEP I 8 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Residem JUN 2 ~ 2003 ,~ECEIVED SEP - 5 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition ti CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22na Ave, NW, My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 6 2003 RECEIVED SEP - 5 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am wriling today lo voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. A~ ! 3 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Rcischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22°d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. JUN 2 ~ 2003 · C. ULILILi .I,.~C LL~;]. TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident http ://www.oakesadvisory.com/letter-htm JUN 2 2003 4/2/03 RECEIVED AUG 2 9 2OO2 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposilion to the request for property rezoning by the Faith Community Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident RECEIVED , UG 1 3 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 ~ 2003 , q8 Petition Letter Page 1 of 1 RECEIVED AUG 1 3 200Z TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for properV] rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes, Thank you very much. Sincerely, Oakes Estates Resident JUN 2 ~ 2003 http://www.oakesadvis°ry'c°m/letter'htm 8/5/2O02 RECEIVED AUG I 3 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. ReischI, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 ~' 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22'~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 R.E: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to. the request for property rezoning by the Faith Community Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, / Oakes Estates Resident JUN 2 i TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 '3.. RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am v~-iting today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Henry Hildreth 5860 14th Ave NW Nao~, Ft TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22" Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, JUN 2 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 2003 [coq . TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traEfic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident JUN 2, 2003 RECEIVED AUG ! 5 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, wrHmg' ' today to voicejnfopposition__ to the request for_~,~vproperty rezoning. . by the r~,h C,,mmunirv Church located at 6455 22~ Ave, NW. ~ understanding ks that the ;l~'~tends ~'~> add a child day care and pre-school..~r, ncer~ ~ that tm win om add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Residentrq JUN 2 ~ 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED 2002 RE: Petition # CU-2002-AR-2354 De~Mr. Re~chl, I am x~q-iting today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 Petition Letter Page 1 of 1 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 RECEIVED ~!!A ! 9. 2002 Dear Mr. Reischl, I am ,~ting today to voice my opposition to the request for properly rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident http:llw~vw, oakesadvisory.corn/]etter, htm JUN 2 ~ 2003 8/15/2002 R£CF_IVF..D ,AUG 2 0 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident I JUN2~Z003 I TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AUG 2 0 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am ~'iting today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. SinceFly, Oakes estates Resident JUN 2 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes- E'~[at es ~l~:sident Mike Sawatzki 5748 12th Ave NW Naples, FL 34119-1318 JUN 2 llq'_ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AUG I ~ 2~2 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22°a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezonin request be denied when the time comes. Thank you very much. Sincere~~, Oakes ' ' JUN 2 ti 2~103 REC-'rIVED AUG 2{)02 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be den/ed when the time comes. Thank you very much. Sincerely, Oakes Estates Resident TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 - z 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Cornmtmity Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident RECEIVE[i AUG - 2 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much_ Sincerely, Oakes Estates Resident JUN 2 z~ 2903. AUI3 - 5 2o02 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident JUN 2 q 2003 , .11q RESOLUTION NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "3" AND "4' FOR CHILD CARE AND PRE-SCHOOL USES IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSH~ 48 SOUTH, RANGE 2~ EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordhaate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "3" and "4" of Section 2.2.3.3 of the Land Development Code in an "E" Estates Zone for Child Care and Pre-School Uses on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by William Hoover of Hoover Planning and Developement, Incorporated, representing with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "3" and "4" of Section 2.2.3.3 of the Land Development Code of the "E" Estates Zoning District for Child Care and Pre-School Uses in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 1 JUN 2 2003 Bo~d. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: C U -2002 -AR-2354/FR/sp JUN 2 ~ 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2354__ The following facts are found: 1. Section 2.2.3.3.3 and Section 2.2.3.3.4 of the Land Development Code authorized the conditional uses. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ¢ No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V'i' No Affects neighboring properties in relation to noise, glare, economic or odor effects: _/' No affect or ¥ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~// No Based on the above findings, this conditional use sho.~~.~th stipul,~L~,,~,~ (copy attached) (should not) be recommended for approval. ~ EXHIBIT "A" EXHIBIT "A ~ 0IR: 2381 PG: PARCEL ONE: Tracts 15 and 16, Golden Gate Estates Unit 97, according to the plat thereof recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida, lerz.%aai~Le~ the Easterly 600 fee~ ~f. PARCEL TWO: The Easterly 600 feet of Tract 15, Golden Gate Estates Unit 97, according to the plat thereof recorded in F%t Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida, less.~nd excemim, the Easterly 300 feet thereof. - - Exhibit "B" JUN 2 ~ 2003 Exhibit "C" LF~4ITH CON~IUN~q' CHURCH CU-2002-AR-2354 CONDITIONS Site Development Plan approval is required prior to Phase Two of the pre-school or childcare facility. The Site Development Plan shall include the following: Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left-turn lane, a southbound right-turn lane, and an eastbound right-turn lane. The turn lanes shall be shown on the Site Development Plan for Phase Two of the pre-school or childcare facility. b. The Site Development Plan shall indicate signage and pavement striping. c. The Site Development Plan shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement, in front of the church. Fi~en-foot Type "B" buffers are required along all north and east property lines; and a landscape area, a minimum of 10 feet in width, shall be provided in front of all buildings. A fence or wall along 22 Avenue NW shall be indicated on the Site Development Plan, pursuant to Subsection 2.6.11.4.2 of the Land Development Code. Parking areas adjacent to the north and east property lines shall be set back 50 feet and shall be buffered by a wall, six feet in height, constructed of decorative concrete block or pre-cast masonry material, with landscaping, six feet in width, outside the wall. As an alternative to a wall, parking areas shall be set back 50 feet from the north and east property lines and that area shall be planted with vegetation which provides a 100 percent visual screen from the ground to a height of six feet. Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required for grassed parking areas. Curbing for these landscape islands is required and may be constructed of pressure-treated wood. The use as a school is limited to pre-school through kindergarten. The number of parking spaces for the school use shall be in accordance with Division 2.3 of the LDC. The required parking area for the school shall be paved. EXHIBIT "D" JUN 2 2003 The childcare and preschool uses shall occur in two phases. Phase One shall be limited to a maximum of 65 children/students. Phase Two shall be limited to a maximum of 120 children/students. Phase Two shall commence only upon the completion of construction of the segment of Livingston Road from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Collier Boulevard from Vanderbilt Beach Road to Immokalee Road. EXHIBIT "D" JUN 2 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION APPLYING THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO AMEND THE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED); PROVIDING FOR A DELAYED EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution to amend Schedule Three of Appendix A of Chapter 74 of the Collier Countv Code of Laws and Ordinances, thereby increasing the Parks and Recreational Facilities Impact Fee rates by 3.2 percent, effective August 1, 2003. CONSIDERATIONS: Since 1989, Collier County has used impact fees as a funding source for growth-driven Parks and Recreational Facilities capital improvements. On June 25, 2002, this Board adopted a Resolution that established the current Parks and Recrcational Facilities Impact Fee rates. On December 3, 2002 this Board adopted Ordinance No. 2002-66, which is an amendment to the Collier County Consolidated Impact Fee Ordinance, (Ordinance No. 2001-13, as amended) to provide for annual mid-year indexing adjustments to Parks and Recreational Facilities impact fees. These indexing adjustments are based on the "Consumer Price Index (CPI) - Miami,~t. Lauderdale, FL, All Items, (NSA)" as reported by the United States Bureau of Labor Statistics for the most recent period for ;~hich figures are then available - compared to the same CPI figure reported for the same period one year prior. The application of the indexing to the current Parks and Recreational Facilities impact fee rate schedule results in a 3.2 percent increase to all of these rates. The attached Resolution provides for a delayed effective date of August 1, 2003, which is one year after the current rates became effective. GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. This rate indexing promotes predictability of the annual revenues, reduces costs for services of rate consultants, and helps to avoiding large rate increases. FISCAL IMPACT: It is anticipated that approval of this rate indexing should generate approximately an additional $200,000 per fiscal year. The following chart shows a side- by-side comparison of the current and the proposed impact fee rates: JUN 2 ~ 2003 Pg. / Page 2 Resolution - Indexing of Parks and Recreational Facilities Impact Fee Rates Community Parks Per Regional Parks Per Combined Total Fee Per Dwelling Unit Dwelling Unit Dwelling Unit Land Use (Unincorporated Area) (County-wide) (Unincorporated Area~ Current Proposed Current Proposed Current Proposed S/F Detached < 1,800 sq. ft. $598 I $617 $597 $6t6 $1,195 $1,233 1,800-3,000 sq. ft. $777 $802 $776 $801 $1,553 $1,603 > 3,000 sq. ft. $919 5948 $917 $946 $1,836 $1,894 < 1.000 sq. ft. $471 $486 $470 $485 $941 $971 1,000-1,700 sq. ft. $531 $548 5530 $547 $1,061 $1,095 > 1,700 sq. ft. $688 $710 , $686 $708 $1,374 $1,418 I Mobile Home I ] t i/RV (Pad) ~ $650I S671 $649 $670 $1,299 Sl,341 ! Hotel/Motel (Rm)' 5381I 5393 1538015392 $761 $785 RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution to amend Schedule Three of Appendix A of Chapter 74 of the Collier Count>.' Code of Laws and Ordinances, as amended (the Collier County Consolidated Impact Fee Ordinance, No. 2001-13, as amended) to increase all Parks and Recreational Facilities Impact Fee rates by 3.2 percent, effective on August 1, 2003. /t~'"~ . e re by: Reviewed by: ~~2bO~ Date: Denton Baker, Director Financial Administration and Housing Approved by: .~.~ ~~ Date: Jo~n Dunnuck, Administrator Pflblic Services Division -" / Approved 7'J~} S~tt, idminisirator o~munity Development & Environmental Services Division APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Land Use Community Parks Per Dwelling Unit (Unincorporated Area) Regiona Parks Per Dwelling Unit (County-wide) Combined Total Fee Per Dwelling Unit (Unincorporated Area) Single-Family Detached Less than 1,800 sq. ft. 1,800 - 3,000 sq. ft. More than 3,000 sq. ft. $-5¢8 $61~ g59-7- $616 $1,!95 $1,233 ¢~ $802 $776 $801 $! ~q~ $1,603 $04-9 $948 $917 $946 $1,S3~ $1,894 Multi-family Less than 1,000 sq. ft. 1,000 -1,700 sq. ft. More than 1,700 sq. ft. g4-74- $486 ~ $485 $ 9!! S 971 ¢<~' $548 ,~v¢<aa $547 $1,vva~l 51,09q_ ca~ $710 ¢~m $708 $, ~w~ $1,418 Mobile Home/RV Park (Pad) $550 $671 $04-9 $670 ~gh:gOO $1,341 Hotel/Motel (Room) 78'_, . $393 ~2~ $392 $ ~',v. $ 785 Note: Community Parks Impact Fees do not apply to the City of Naples, City of Marco Island and Everglades City. Parks and Recreational Facilities Impact Fees are based on the living area of the specified use. Underlined text is added: st-md: '~' ..... ~' text is deleted. 2003 0 0 X U.J >-~ .-I © 00000 00000 00000 Qqqqq JUN 2 ~ 2003 REgOLI3TION NO. 2003-: ~, -. A RESOLUTION OF THE BOARD OF COUNTY COMMISSION"ERS OF COLLIER COUN"~Y, FLORIDA, AMENDING SCHEDULE THREE OF APPEN"DIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, TIIE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TtIEREBY INCREASING THE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATES BY 3.2 PERCENT PER DWELLING UNIT, ROOM OR PAD; THE PROPOSED IL~TES SPECIFIED IN REVISED SCHEDULE THREE OF APPENDIX A; PROVIDING A DELAYED EFFECTIVE DATE OF AUGUST 1, 2003. WHEREAS, on March 13, 2001, the Board of County commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then ex~sting impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the Parks and Recreational Facilities impact fee rates that had been established by the adoption of Ordinance No. 99-39; and WHEREAS. on June 25. 2002, the Board of County Commissioners adopted Resolution No. 2002-304 thereby amending Schedule Three of Appendix A of Chapter 74 of the Code. as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Parks and Recreational Facilities impact fee rates: and WItEREAS. on December 3. 2002, the Board of County Commissioners adopted Ordinance No. 2002-66 to provide fbr annual mid-year indexing adjustments to Parks and Recreational Facilities tmpact fees based upon the "Consumer Price Index (CPI) - Miami Ft. Lauderdale. FL, All Items. (NSA)" as reported by the United States Bureau of Labor Statistics for the most recent period for ,.~,hich figures are then available compared to the same CPI figure reported for the same period one .','ear prtor: and WIIEREAS, Collier County uses impact fees to supplement the funding of necessar3 capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, this application for indexing adjustments provides for a 3.2 percent increase in the Parks and Recreational Facilities impact fees; and WIIEREAS, the above recommended rate increase establishes these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida lax,,,: and WHEREAS, staff has thoroughly reviewed the calculations and findings and staff concurs with the recommendeo ~ncrease to the Parks and Recreational Facilities impact fee rate schedule, and staff recommends that the Board of County comrmssioners adopt this Resolution to implement these recommended changes; and WHEREAS. the Board of County Commissioners accepts the recommendations from staff. NOW, TIIEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: JU H 2 q 2003 The Board of County Commissioners hereby declares, after advertised public hearing, that the Parks and Recreational Facthties impact l'ee rates set forth tn the revised Schedule Three of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated by reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from additional parks and recreational public facilities, which is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised Parks and Recreational Facilities impact fees will take effect as of 8:00 A.M. on Friday, August 1, 2003. This Resolution is adopted afXer motion; second and majority vote favoring adoption this day 2003. ATTEST Dwight E. Brock. Clerk B O,~RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Tom Henning, Chairman .-\ppro~ ed as to form and legal sufficienc3: Assistant Count.,,' Attorney JUN 2 q 2003 (_o EXECUTIVE SUMMARY PUDZ-2002-AR-3011, DWIGHT H. NADEAU, OF R.W.A., INC., REPRESENTING A.R.M. DEVELOPMENT, CORP., OF S.W. FL., INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "TUSCANY COVE" PUD FOR A RESIDENTIAL DEVELOPMENT FOR A MAXIMUM OF 425 RESIDENTIAL DWELLING UNITS GENERALLY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY ¼ MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 78.07 ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 78 acres of land currently zoned Rural Agricultural (A) to Planned Unit Development (Tuscany Cove PUD) to include residential dwelling units, recreational amenities, preserves, and stormwater management lakes. The Tuscany Cove PUD proposes a maximum of 425 dwelling units on approximately 78 acres of land for a gross density of 5.4 dwelling units per acre. The Density Rating System permits a density of up to 7 dwelling units per acre in this area. The proposed PUD includes an interconnection to the property to the north, which is within Activity Center Number 3, providing access to a potential commercial center without using Collier Boulevard. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier Count3'. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: · Park Impact Fee: Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: $578 $ 245,650 $181 $ 7,6925 $0.15 persquarefootunderroof $ 127,500 $4,629.00 perdwelling unit $1,967,325 JUN 2 2003 · Correctional Facility: $118 per dwelling unit $ 50,150 · EMS Impact Fee: $14 per dwelling unit $ 5,950 · Schools $1,778 per dwelling unit $ 755,650 The estimated total amount of impact fees for the proposed rezone is $3,229,150. It should be noted that the estimate is based on 425 2,000 square-foot dwelling units being developed. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), and is within a residential density,' band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre subject to the Density Rating System provisions. The Density Rating System indicates that the site is eligible for a base density of 4 dwelling units pet' acre. The subject property is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible density of 7 dwelling units per acre. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on June 4, 2003, and recommended approval by a vote of 9 to 0. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 5, 2003. The Planning Commission heard testimony from the petitioner and County Staff. Discussion focused on traffic on the segment of Collier Boulevard adjacent to the proposed PUD. The petitioner offered to reduce the of dwelling units from the originally requested 500 to 425. ~i~'~rrl~.. maximum number JUN 2 4 2003 2 The Planning Commission voted 5 to 3 to recommend approval of the Tuscany Cove PUD to the Board of County Commissioners with the added condition that no Certificates-of-Occupancy be issued until Collier Boulevard is operational at a width of six lanes. Commissioner Schiffer stated that he voted against the motion because he was not in favor of restricting the issuance of Certificates-of-Occupancy. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Tuscany Cove PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan. Therefore. Planning Sen'ices staff recommended that the Collier County Planning Commission forward Petition PUDZ- 2002-AR-3011 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Executive Summary. 2003 PREPARED BY: FRE~/t~ISCHL, AIC'~ PRINCe?AL PLANNER DATE REVIEWED BY: CURRENT PLANNING MANAGER 6 DATE DATE APPROVED BY: ,.'~©MML~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADM~IST~ATOR PUDZ-2002-AR-3011 2003 AGENDA ITEM 8-E MEMORANDUM TO: FROM: COLLIER COLrNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT 8,:: ENVIRONMENTAL SERVICES DIVISION DATE: RE: MAY 16, 2003 PETITION: PUDZ-2002-AR-3011 TUSCANY COVE OWNER/AGENT: Agent: Dwight H. Nadeau RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 Owllers: Mavis Campi Trust Alfred B. Southall Trust Hazel Southall Trust John J. Capiello Michael and Renee Peters Contract Purchaser: ARM Development of SW FL, Inc 8224 Immokalee Road Naples, FL 34119 REQUESTED ACTION: The petitioner wishes to rezone approximately 78 acres of land currently zoned Rural Agricultural (A) to Planned Unit Development (Tuscany Cove PUD) to include a maximum of 500 residential dwellin~ units, recreational amenities, preserves, and stormwater management lakes. ,,C.-,rr. lqO,, ~ ? JUN 2 q 2O03 i" i" JUN GEOGRAPHIC LOCATION: The property, is located in the southeast quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951). It is located approximately one-quarter mile south of Immokalee Road on the east side of Collier Boulevard. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a residential PUD with recreational amenities, preserves, and stormwater management lakes. The Tuscany Cove PUD proposes a maximum of 500 dwelling units on approximately 78 acres of land for a gross density of 6.4 dwelling units per acre. The Density Rating System permits a density of up to 7 dwelling units per acre for this PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: South: West: The parcel is a 78.07-acre site with 2 single-family homes. Plant nurser}'; zoned A, within Activity Center Number 3 Undeveloped land; zoned PUD (Outdoor Resorts) and A Recreational Vehicle park; zoned PUD (Crystal Lake) CR-951 Canal ROW, across which is CR-951 ROW, across which is the Pebblebrook mixed use development; zoned PUD (Richland) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), and is within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre and a maximum of 16 dwe. ling units per acre, subject to the Density Rating System provisions; recreation and open space uses; and Assisted Living Facilities. A review of the Density Rating System indicates that the site is eligible for a base density of 4 dwelling units per acre. The subject property is located within a residential density band and is eligible for a density bonus of up to 3 residential units per gross acre, yielding a total eligible densit' of 7 dwetlinl~ units per acre. JUN 2 6 2003 2 Base Density. 4 du/a Density Bonus +3 du/a Total Eligible Density 7du/a Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. 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, a ttistorical/Archaeological Survey is not required. EVALUATION FOR ENVIRON.NIENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Under the density rating system, the PUD is eligible for up to 546 dwelling units. The proposed PUD provides for a maximum of 500 dwelling units, resulting in a gross density of 6.4 dwelling units per acre, less than the maximum of 7 dwelling units per acre indicated by the Density Rating System. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Adviso13' Council heard this petition on June 4, 2003, after the deadline for preparation of this Staff Report. The EAC recommendation will be presented verbally. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Tuscany Cove PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002- AR-3011 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. JUN 2 2003 PREPARED BY: FI~E~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: APPROVED BY: .IMUNITY DE¥ ELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition PUDZ-2002-AR-3011 COLLIER COUNTY PLANNING COMMISSION: KENPqETH L. At~EI~'ATHY, CHXI~AN gdcurrendreischl/PUD/PUDt~rruscany/staffreportIPUDZ'2OO2'AR'2869 2003 REZONE FINDINGS PETITION PUDZ-2002-AR-3011 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Density' Rating System allows a density of up to 7 dwelling units per acre for this site. A proposed density of 6.4 dwelling units per acre is less than the maximum density. Therefore, the PUD document, as attached, is consistent with the Collier County Growth Management Plan. The existing land use pattern; Pro: The parcel is a residential PUD. The parcel is surrounded by residential uses and a potential commercial use. Con: Evaluation not applicable. Summary' Findings: The proposed residential land use is consistent with the land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed PUD borders other PUDs which are used for residential uses and recreational vehicle uses. Con___~: Evaluation not applicable. Summary Findings: The subject site will not create an isolated district. JUN 2 2003 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings:. The current district boundaries are logically drawn. Whether changed or changing amendment necessary. Pro: The petitioner believes that changing market conditions, development of the surrounding area, necessitate the proposed rezone. Con'.. Evaluation not applicable. Summary' Findings: Changing conditions have resulted amendment. conditions make the passage of the proposed specifically the in the submittal of this Whether the proposed change will advcrscly influence IMng conditions in the neighborhood; Pro: The subject parcel will continue to be use for residential purposes. Con: The proposed rezone will increase the density from 1 dwelling unit per 5 acres to 6.4 dwelling units per acre Summary Findings: Under the proposed rezone the property will continue to have residential uses, but the density will be increased. 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. JUN 2 ~ 21~3 10. Pro: The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document, which renders the PUD compatible with the Traffic Circulation Element. Con: Evaluation not applicable. Summary Findings: The proposed PUD will not excessively increase traffic congestion. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida \Vater Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed residential uses will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This site is adjacent to residential and recreational vehicle uses. Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. JUN 2 4 2003 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an indMdual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findino~s: If the proposed rezone is determined by the Board of County Commissioners to be consistent with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property today could be used to construct a residential community with a density of 1 dwelling unit per acre. However, the developer wishes to revise the development standards, consistent with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The request is consistent with the Density Rating System of the Grox~lh Management Plan. Con: Evaluation not applicable. Summarx Findings: The Board of County Commissioners may make a finding that the Proposed development complies with the Growth Management Plan, depending on compatibility. JUN 2 ~ 2003 15. Whether is it impossible to find other adequate sites in the County for the pro.posed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which ~'ould be required to make the properD' usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summam' Findino~s: \\Rile site conditions may restrict the location and square-footage of the residential buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and scm'ices consistent with the levels of seiwice adopted in the Collier CouniT Grox~'th Management Plan and as defined and implemented through the Collier CounD' Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a residential community. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. 5 JUN 2/, 2{1133 RE.SUBMITTAL PUDZ.2002-AR-3011 PROJECT #2002080001 DATE: 11/22/02 DON sCHNEIDER APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No,: Date Received: Planner Assigned: Commission District: ABO",'E TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): Applicant's Mailing Address: City: Naples Applicant's Telephone #: Name of Agent A.R.M. Develooment Cor~. of S.W. FL. Inc. 8224 Lmmokalee Road (239') 35'-!,-2080 Dwio_ht H. Nadeau State: Florida Zip' 34119 Fax ..5-.: (239) 354-2611 Firm: R.W.A., Inc. Agent's Mailing Address: City: Naples Agent's Telephone #: Agent's E-Mail Address: 3050 North Horseshoe Drive. Suite 270 STate: Florida (239) 649-1509 Fax #: dhn®consult-rwa.com Zip: 34104 (239~ 649-7056 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CLq~RENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 JUN 2 ~ 2003 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) RWA Note: TBN = To Be Noticed Name of Homeowner Association: Cr,'stal Lake R.V. Resort (TBN) Mailing Address 14960 Collier Blvd., ~4001 City, Navles State FL. Zip 34119 Name of Homeowner Association: Property Owner's Association of N. Collier County (TBN). Mailing Address 141 \Vest Avenue City Navies State FL. Zip 34108 Name of Homeowner Association: Pebblebrook Lakes .Master Association. Inc. (TBN) Mailing Address $310 Bit Acorn Cir. r~1001 City Nar~les State FL Zip 34119 .,ame o, ,,Jaster Association: Mailing Address City State Zip Name of Civic Association' Mailing Address City State ~ Zip 2. Disclosure of Interest Information: If the proper'ty is owned fee simple by an EN-DJVIZ)UAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Michael Dean & Renee L. Peters 1~5 CounwRoad 951, Naples 34119 P~rcentage of Ownership Folio: 00193800104 100% John J, Car>piello 292 Banvan Blvd.. Naples 34102 Folio: 00192120005 100% 2003 If the property is owned by a cORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the m. tst with the percentage of interest. Name and Address Mavis L. Campi Revocable Livino_ Trust 3504 Acapulco Dr.. Miramar, FL 33023 Percentage of Interest Folio: 00193000001 john A. Campi. Jr. 50% Michael J. Campi 50% Hazel Southhall Trust 15100 Collier Blvd., Naoles, FL 3-1119 Folio: 00192-100000 Hazel Southhall 100% Folio: 00192440002 Alfred B. $outhhall 100% Alfred B. Southhall Jr. Revocable Trust P.___O. Box 127. Naples. FL 3-1106 If the property, is in the name of a GEN~EtL~-L or L~IITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage cf O~x2ership If there is a CONTtL~.CT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address A.R.M. Development Corp. of S.W. FL. Inc_ 8224 Immokalee Road ~'aples. Flor/da 34119 Percentage of Ownership Ovadia R. Elias, President Alice Meir, Secretary Aviel Alias. Tresurer George B. Rice, Vice President Rahamim Yitzhak. Vice President Date of Contract: Date of Contract: 4/19/02 4/t 1 ,/02 If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address list all Date subject property acquired ( ) leased ( ): Term of tease If, Petitioner has option to buy, indicate date of option: terminates: _, or anticipated closing date yrs./mos. and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but pr/or to the date of the final public hearing, it is the responsibility, of :he applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. _Detailed~tion of the ~rtv 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. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maxi~,um 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is respon;ible for suppb(ng the correct legal description, if questions ar~,se concerning the legal description, an engineer's certification or sealed survey may be required. Section: 26 Township: 48 South Range: 26 East Lot:_ Block: Subdivision: ~. Property I.D.#: Plat Book Page ~-. 00193800104 00192120005 00193000001 00192400000 OO192440O02 Metes & Bounds Description: A PART OF THE SOUTH HALF OF THE NORTHWEST QU.&RTER OF SECTION 26. TOWNSH~ 48 SOUTH. tL~xlGE 26 EAST. MOR_IZ p,~TiCLrt_,ARLY DESCRIBED AS FO~LLOWS: COMMENCENG AT THE SOUTHWEST COP, zNTR OF THE NORTHWEST QU.ad~TER OF SECTION 26, TOV~,~'SHIP ~,8SOUTH, FL~_NGE 26 EAST. COLLEER COUNTY. FLORIDA: ~ OF THENCE SOUTH 89°59'56'' EAST. 100.08 FEET ,KLONG SOU'I! NORTHWEST QU.~ZRTER OF SAIZ) SECTION 26 TO THE EAST LLN-E - ~,~+ ~ AND THE POINT OF BE }AS RECO}LDED IN O.R. BOOK 12. PAGE ' ~ - -I )F A C.azNAL zOO3 THENCE SOUTH 89=59'56'' EAST.' 2542.62 FEET ALONG SOUTH LINE OF NORTHW~-~-TER OF SAID SECTION 26 TO THE SOUTHEAST COR-:NrER THE NORTHWEST QU..MRTER OF SAID SECTION 26: THEN~'05" W'ESi' 1338.44 FEET )J._ONG THE EAST LEX,rE OF THE 5CORTHWEST QU.-MRTER OF S~N 26 TO THE NORTHEAST CO_I:~_'..'NrER THE qOUTH H.~LF OF THE NORTHWEST ©U.~RTER OF S,~D SECTION 26; THE~~9'07" WEST 2542.01 FEET ALONG THE NORTH LExFE ~i-HE SOUTH H)d-F OF THE NORTHWEST U.&RTER OF SAD SECTION 26 TO THE EAST LE',T OF SAD C:MNAL' ~j~ LL% E twr o.-x~-~ ,.- ..... THE EAST LENT OF THENCE SOUTH 00:15'o7"EA. ST 1339.02 FEET.~I-ONG · .. ~'TOF BEGINNING <LrBJECT TO E ~_qEMENTS ~ND RESTRICTIONS OF RECORD. Size of property's: _1:.,9_~. X _2642 ft. = Total Sq. Ft. _ -~..00.7.~9 Acres 78 07 ~ionofsub'ect ro ertv: Generallv. 136 Collier Boulevard. The p. yoposed proi.ect site is generally located on the side of Coll'mr Boulevard (C.R. 95~oximatelv !4 rr,.ile south of Immokalee Road ~ast ~ ~n~e 26 East. Collier Count'. Florida. {'__C.R. $X6~. in Section 2 Adiacent zonino, and land use: Zoning N A. A-o-riculture S · PLT) E A. and PUT) W PUT) Land use V~totesale nursery_, and golf dhving range Crystal Lake R.V. Resort. trax~el./Park trailer subdivision Outdoor Resorts of Naples, all___undeveloped lands Richland - Pebbtebroo~k Lake~.___.Ss, residential subdivision Does the owner of the subject property own property conti=m.~ous to the subject property? If so, gi,:e complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: To~xmship: Range: Block: _ Lot: _ - Subdivision: Plat Book _ Page #:__ Metes & Bounds Description: Property I.D.#: YJN 2 Rezone Request: This application is requesting a rezone from the A, A2ziculture zoning district(s) to the PU'D zoning district(s). Present Use of the Property: _Two sintle-familv homes, and undeveloped lands. Proposed Use (or range of uses) of the property: A residential subdivision Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and reconzmendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable critcria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Re:one Considerations (LDC Section 2. 7.2.5)_ ]. IUzether the proposed change will be consistent with the goals, objectives, and policies a,,:d fi~ture land use map and ~he elements of the growth management plan. Yes, see the Statement of Compliance located ia the A.R.M. PUD Document. Ttle existing land use pattern. Yes, the proposed project will be consistent ~'ith the existing land use pattern, proposed PUD property. The ,vossible creation of an isolated district unrelated to adjacent and nearby districts. No, the proposed PUD Zoning District will be comparable and compatible to the recently approved PUD Zoning Districts adjacent and surrounding the subject property. IJ%ether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Yes, the Agricultural Zoning District in the Urbanf3lixed Use Future Land Use Designation is merely a holding District until it is appropriate for a change to a Urban District. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Historically, the area has changed from an agricultural land use p( mixed residentiaUnon-residential area containing conventional hou development, a truck repair business, and a public school· The~ proposed zoning change is appropriate based on the existing conditi property, and the surrounding properties, and because of its relation: to Future Land Use Element of the Growth Management Plan is a positive 6. I~7~ether the proposed change will adversely influence living conditions in the neighborhood. ~'o, the development standards, and commitments contained in the PUD will provide reasonable assurance that the project, when completed will not adversely affect living conditions in the area. 7. I57~ether the proposed change will create or excessively increase traffic congestion or od ~ra]d~c deemed incompatible with surrounding land uses, because of peak voI~mes or proj'ected ~es of vehicular tragic, inclu~ing activi~ during construction phases of the development, or othe~v'ise affect public sa few. B'o, the roadway infrastructure commitments attendant to the approval of this PUD will improve existing vehicular circulation patterns, and will enhance access opportunities required for public safe~. ~. II~ether the proposed change will create a drainage problem. ~'o, the drainage infrastructure commitments attendant to the approval of this PUD will not degrade, and may improve existing drainage. 9. I[Zerher the proposed change ~x~ill seriously reduce light and air to adjacent areas. ~'o, the development standards in the PUD document ameliorate any potential light reduction issues, and standard practices for infrastructure construction will include the regular watering of unfinished roadways. 10. I['7;ether the proposed change ~:ill serio~sl)' c~fect properS' values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject properD', that can affect property values. ProperD' valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since the determination by law is driven by market value. The mere fact that a properD' is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on proper~ values. i1. I.[~ether the proposed change will be a deterrent to the improvement or d~elopment of adjacent proper~ in accordance with existing regulations. B'o, the basic premise underlying the zoning development standards in the Collier CounD' Land Development Code, which the P~ document will become a part of, if approved, is that their application, when combined with the approvals processes, gives reasonable assurance that a change improvement of adjacent properD'. in zonin will not deter JUN 2 4.2003 ]2. ]3. ]4. ;5. ~,7~ether the pro£osed change will constitute a g~'ant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said Plan. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is further determined to be a public welfare relationship because actions consistent with the Plan are iu the public interest. FfT:ether there are substantial reasons why the properry cannot be uscd in accordance with existing zoning. The subject property' can be developed in accordance with the existing zoning, ho~vever, to do so w~uld deny this Petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Growth Management Plan. [~7~ether the change suggested is out of sca!e with the needs of:he neighborhood or the coNn~. . No. the proposed PUD will not be out of scale with the needs of the neighborhood if the densiD' is limited to the proposed 6.4 dwelling units per acre. l}7',ether it is impossible to find other adequate sizes in the county for the)proposed use in districts already ~ermitting ,~uch use. There are very few sites that are zoned to accommodate the proposed development, bt~t this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the Growth Management Plan, land use compatibili%', adequacy of infrastructure, and to a lesser extent the timing of the action. ]6. 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. The extent of site alteration will be determined as a function of obtaining development plan approvals, that will further define the PUD. j7. The impact of development on the availability of adequate public faciliries and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and imt~lemenred through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. L(], as amended. The programmed improvements as set forth in Collier Improvement Element of the Growth Management Plan addresses the public services and levels of service to be consistent with the Growth Plan relationships. 18. Such od:er factors, standards, or criteria that the beard of county commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) 7 '.~ ~'~:"' ~ ~,',e type andpatte~-n of development proposed in relation ~',e suz,~,~,,,,,~ oft, area for the " to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD's consistency with the locational criteria set forth on the Future Land Use 3lap and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP)~ and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document, gives reasonable assurance that all infrastructure will be developed consistent with CounD~ regulations. 2. Adeque.©' of evidence of unified control and suitabiiio' of any proposed agreements, contract, or other instrun~ents, or for amendments in those proposed, partic~darly as the): may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at flublic expense. Findings and recommendations of this type shall be made only' after consultation with the county' attorney. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the A.R.M. PUD Document. 4. The internal and external compatibility of proposed uses, ,~hich conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships betv,'een projq 5. The adequacy of usable open space areas in existence and as proposed tc development. J[J~ ~l~ The amount of open space set aside by this proposed project meets ~ provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available im]~ro¥'ements and facilities, both public and private. The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. The abilio' of the subject Froperry and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as ~vastewater disposal system, potable water supplies, characteristics of the properD' relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject properD' is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. Conformity' w'i:h PUD reg-Mations, or as to desirable rnod~'~cations of such regulations in the t;articu!ar case, based on determination that xuch modifications of justified as meeri~g ~vubiic purposes to a degree at least equivalent to literal a~plication of such regulations. The development standards in the proposed PUD document are similar to these standards used for the residential structures and related improvements when compared to CounD' regulations. 10. 11. Deed Restrictions: The Count¢' is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last },ear? If so, what was the nature of that heating? No Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) includes: HU-I if affordable housing, Joyce Ernst, if residential and Immc Sewer District, if in L-'m'nokalee) of a 24" x 36" conceptual site plan [.and, 8~5" x 11" copy of site plan], ch-awn to a maximum scale of 1 inch equa depicting the following [Additional copies of the plan may be re< completion of staff evaluation for distribution to the Board and various advisory boards such as the Enviroru'nental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing an&'or proposed in~'ess and egess (including pedestrian in.ess and egess to the site and *.he structure(s) on site), · ail existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as ;,,'ell as location of existing utility set,rices to the site), · proposed ancb'or existing landscaping and buffering as may be required by the County, .an architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EiS is required, bvo copies of a recent aerial photo~aph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant anci,/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement of utility provisions (with all required attackments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); .a_ny additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. An electronic version of the PUT) on a disk as part of this submittal packa! JUN 2 ti 2~3 ' THIS COMPLETED PACKET! PUD REZONE APPLICATION SUBMITTAL CHECKLIST CHECKLIST IS TO BE SUBMITI'ED WITH REQUIREMENTS 1. Completed Application 2. Copy ofr'~'~ and ': ' :~^_.:r..:- Owner(s) and all Partners if a Corporation 3. Completed O~vner/Agent Affidavit, Notarized # OF COPIES REQUIRED 20* 20 2~ 4. Pre-application notes/minutes 20* ~~6~ Conceptual Site Plans 20* Environmental Impact Statement - lEIS) 4 7. Aerial Photograph- 0vith habitat areas identified) 5* --Completed Utility Provisions Statement 0vith required attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 4 4 2 2 20 20 4 5 4 APPLICATION [ NOT 1 0. Historical & Archaeological Survey or Waiver A_Eplication 11. Copies of State and/or Federal Permits 4 4 Renderin of Proposed Structure(s) 4 ~'/A 12. Arcnnectu~ a~ r, ........ ~, ..... r ' 2 ~--,;o~,;~- r~o *-,--~;~,;~-' Fee and Data l . reversion Fee Check shall be made payable to Collier )untv Board of Commissioners ,n electronic version of the PUD on a disk as part of . ~e submittal packet. ~'BL1C PARTICIPATION MEETING: ~PPLICATION SUBMITTAL: Copy of Affidavit ttesting that ali property owners, civic associations nd property o~vner associations were notified. Copy of I ud~o/x ~deo recording of public meeting. Written ccount of meeting. ~ffordable Housing DensiD' Bonus Agreement 4 t N/A ncluding all Appendices and Exhibits. ~THER REQUIREMENTS: ......... * ~ ~V,qr, n~l cnnv if for affordable housing Co Co 14. , t 16. : 17. C * Doc'&ments required for Long-Range Planr£ng Review As the authorized agent/applicant for this petition, i attest that all of the in.formation indicated on this checklist is included in ukis subminal packa~,e. I understand that failure to include all necessary submittal information rrmy result in _ ~ ~pF~cant Si=o-nature '- Date JUN 2 t~ 20133 A FFIDA kiT,. L Roni Elias, President of A.R.M. Development Corp. of S. W. FL, Inc., being first duly sworn, depose and say' that A.R.M. Development Corp. of S. W. FL, Inc. is the contract purchaser with the owners of the ~ro~erty described herein, ~nd which is the subject matter of the proposed hearing; that ail the answers to the questions in this application, including the disclosure of interest inJbrmztion, all sketches, d~ta, and other supplementaw matter attached to and made a part of this application, are honest and t~e to the best of my b~owledge and belief. [ understand that the it~ormation reque~ted on this ~flpIication must be complete and accurate and that the content of thia form, whether computer generated or CounU printed shall not be signficantly altered. Public hearings will not be advertised until this application is deemed complete, and all required it(ormation has been submitted. .......... urch~, and president ofA.R.M. Develo~ment Corp. of S., IK FL, Inc., I~rther mail,ps regarding tnzs ;etmon. / Signature of Contract purchaser ~ped or Printed Name of Contract Purchaser The foregoing instrument ',vax ack-nowledged before me this ?~,",~ day of ~c~.6~'~ , 200 ?~_, by ~,_c~-~ ,~7..~'~ who is pers~nally known to ~e or has produced as identification. (Signature of Notary Public - State of -~/ Florida) (Print, Type, or Stamp Commissi( :Vame of Nota~7' Public) JUN 2 Division of Corporations Page 1 of 2 Florida Profit A.R.M. DEVELOPMENT CORP. OF S.W. FL, INC. PRINCIPAL ADDRESS 4206 ENTERPRISE AVE., UNIT A-7 NAPLES FL .34104 MAILING ADDRESS 4206 ENTERPRISE AVE., UNIT A-7 NAPLES FL 34104 Document Number FEI Number Date Filed P00000024265 650985885 03/02/2000 State Status Effective Date FL ACTIVE 02:29/2000 Registered Agent i Name&Address ELIAS, OVADIA R 4206 ENTERPRISE AVE , UNIT A-7 NAPLES FL 34104 Officer/Director Detail Name & Address Title ELIAS, OVADIA R 4206 ENTERPRISE AVE, L.~IT A-7 p NAPLES FL 34104 ALICE, MEIR 4206 ENTERPRISE AVE, LrNIT A-7 S NAPLES FL :34116 ALIAS, AV1EL 4206 ENTERPRISE AVE., UNIT A-7 T NAPLES FL 34104 RICE, GEORGE B 4206 ENTERPRISE AVE., UNIT A-7 V NAPLES FL .34104 .... ~cordet.exe?a 1 =DETFIL&n 1 =P00000024265 &n2=NAMFWD&n3 =0000&n4=N&r JUN 2 t~ 2003 1=-&r2=85/16, 200_~ Division of Corporations Page 2 of 2 YITZHAK. RAHAMIM 4206 ENTERPRISE AVE,, UNIT A-? NAPLES FL 34104 Report Year 2002 2002 2003 Annual Reports 't Filed Date Il Intangible Tax Previous Filing Return to List Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. 04,'14/2003 -- ANN REP/LrNIFORM BUS REP 03/21/2002 -- COR - ANN REP,.%rNIFOILM BUS REP 02/04'2002 -- ANN REP/%,~IFORM BUS REP 01/23/2001 -- ANN REP?L.rNIFORM BUS REP 03/02/2000 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT JUN~.c~:/2 ~ 21303 , 9 .... ,cordet.exe. al =DETFIL&n 1 =P00000024265&n2=NAMFWD&n3=0000&n4=N&rl =&r2= 5/16/2003 Details Page 1 of l Folio No.J[ 00193000001 Current Ownership Owner Namell CAMPI TR, MAVIS L AddressesT/AJD3504MAVISAcAPULCO8130/o1L CAMPI REVDR LIV TRUST Legal]126 48 26 N 40 PERCENT OF W3/4 100FT RNV 22.79 AC OR 293 PG 861 State][ FL II zipll 33o23-6502 Section IITownship II Range I! Acres =6 I!48 II 26 l[ ==.79 99 Map No. I[ Strap No. 3B26 11482626 018.0003B261 NON-AGRICULTURAL ACREAGE 2002 Final Tax Roll Values ImprovedValue J[ $ 0.00 ii ~0,200~ Il <--I Market Value IL ~ 797.650.00 I I (-) S©H Exempt Value I! $ o.oo (=) Assessed Value ]t $ 797,650.00 Homestead and other Exempt Va~uej[ $ 0.00 I [ (:) Taxable Value Il $ 797,650.001 SOH = "Save Our Homes" exempt value due to increases. cap on assessment Latest Sales History The Information is Updated Weekly. hup://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000193000001 JUN 2 A 21~3 5,'16/2003 Details Page 1 of l Fo,o No.j[ Current Ownership Property Addresslt NO SITE ADDRESS Owner Name]J CAPPIELLO, JOHN J Addressestf 292 BANYAN BLVD c~'yll NAP'ES Jl StateJj FL zipJJ 3,.02. ~les I Legal! 26 48 26 E1/2 OF SEl/4 OF [ NWl/4 20 AC OR 522 PG 27 Section JJ Township JJ Range Sub No. jj loo ';,~. U S e Cp._de_ Il 99 Acres II Map .o. Mj!!a_g e Area 403 Strap NO. II ~ Millage 2002 Final Tax Roll Values ) Improved Value ii $ 0.00 <=) Market Va~ue ii S 220,000.00 I SOH Exempt Value II ~ 0.00 (=) Assessed Value l[ $ 220,000.00 Homestead and other Exempt Value jj $ 0.00 j (:) Taxable Value i[ $ 220,000.00 SC, H = "Save Our Homes" exempt value ~ue to cap on assessment ~ngreases. Latest Sales History Amount [ $ 0.00 J The Information is Updated Weekly. http://wxxxv.collierappraiser.com/RecordDetail.asp?FoliolD=0000000192120005 JUN~. ~-~-~2 4 2003 5/16/2003 Details Page 1 of l Folio Nc. Il 00192440002 Current Ownership Property Addressll 15100 COLLIER BLVD Owner Name]l SOUTHALL JR TR, ALFRED B Addresses ALFREDTADpo BOX4'20'99127B SOUTHALL JR REV/TRUST c~i[ .A.LES zipl134106-0427 Legal 264826E1/3OFS60%OF SW1/4 OF NWl/4, S 60% OF Wl/2 OF SEl/4 OF NWl/419.63 AC Section ii Township I) Range 26 II 48 II Acres NON-AGRICULTURAL ACREAGE Map No, 2002 Final Tax Roll Values [ Land Value [l+l Improved Value [ I=l ~.rketValue It-) SOH E,emp, Va,ue m (:)T~,~b~W~.~ ii s~l~,~3o.oo SOH = "Save Our Homes" exemp( va)ue ~ue to cap on assessment increases. $ 0.00 $ 215,930.00 $ 0.00 t Latest Sales History Amount I $ 0.00 ] The Information is Updated Weekly. JUN 2 ~ 2093 http ://x~vw.collierapprai ser.com/T~ecordDetail.asp?FoliolD=0000000192440002 5/16/2003 Details Page 1 of 1 Fo,io.o.l[ 00192400000 Current Ownership Property Addressl) 150S0 COLLIER BLVD Owner NameJl SOUTHALL IR, HAZEL Addressesl[ T/A/D 6117/02 Il HAZEL SOUTHALL TRUST l[ 15100 COLLIER BL.VD civil .AP,ES Jl Statell FL LegalI 26 48 26 W 2/3 OF S 60% OF SWl/4 OF NWl/4, LESS PJW, LESS 5 AC DESC IN OR 2441 PG 3473 Section [[ Township II Range Il Acres ZipJf 34119 - 7713 SINGLE FAMILY RESIDENTIAL Map NO. Il 3B2~ II Strap No. Ii462626 o13.ooo3B26 II M!llage 2002 Final Tax Roll Values Latest Sales History Land Value Improved Value Ii SOH Exempt Value Homestead and other Exempt Value II $ 166,950.00 I [ Date 200,333.0011 08/2002 367,283.001 1 06,20o2 ~ 72,~26.00 II 09,2000 Ii 294.655.00 II os, 1994 $ 25,000,001 Book-Page II 3094-2250 [{ 3058-1699 I{ 2719-3419 }[ 1977-975 1[ [ (=) Taxable Value }{ $ 269,655.00 S©H = "Save Our Homes" exempt value due to cap on assessment increases. Amount I $ 0.00 { $ 0.00 J $ 0.00 1 $ 0.00 J The Information is Updated Weekly. http://wvcv,,.collierappraiser.com'RecordDetail.asp?FolioID=0000000192400000 5/16'2003 Details Page 1 of l Folio No.l{ Ow.e, NameJ[ 00193800104 Current Ownership IJ Property Addressl[ 136 CR 951 PETERS, MICHAEL DEAN=& RENEE L [ Addresses][ 136 COUNTY ROAD 951 I c~ll NAPLESIt Legal [ 26 48 26 COM Wl/4 CNR SEC 26, S 89DEG 12'6"E 100FT TO POB, CONT S 89DEG 12'6"E 428.15FT, N 1DEG 27'21 "W 295.43FT, N 89 Statel[ FL H zipl134149-g?09 I J Section Jl Township tl Range JJ Acres Ii 6 SINGLE FAMILY RESIDENTIAL jj Map No. JJ Strap No. J jj 3B26 JJ482626 039.0003B26 J ti~'~ M,,,~_g~__*_,e_a II ~Millage J jj103 II 1,.=g98 I 2002 Final Tax Roll Values j L and Value I{+) Improved Value J (=) Market Value J(-) SOH Exempt Value I (=) Assessed Value [(-) Homestead and other Exempt Value II J (=) Taxable Value SOH = "Save Our Homes" exempt value due to increases. ,338,16°'°°l 11 $ 3,~46.oo II s 334,214.oo $ 25,000.00 Ii $ 309,214.00 cap on assessment Latest Sales History The Information is Updated Weekly. JUN 2 ~ 2003 http ://x~x~xv.collierappraiser.com/RecordDetail.asp?FoliolD=O000000193800104 5/16/2003 ORDINANCE NO. 03- __ AN ORDINANCE AMENrDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUT) ES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP Nq3MBERED 8626N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TUSCANY COVE PUD LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR # 951), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COL~ITY, FLORDA, CONSISTING OF 78.07 ACRES; ANT) BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau, of RWA, Consulting, Incorporated, representing A.R.M. Development Corporation of S.W. FL, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Tuscany Cove PUD Document, attached hereto as Exhibit 'A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8626N, 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. PASSED ANT) DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COL~NTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, CLERK TOM HENN1NG, CHAIRMAN Approved as to Form and Legal Sufficiency t~ MaLone M. Student Assistant County Attorney PUDZ-2002-,*R-301 I/RB/sp JUN 2 6 2003 TUSCANY COVE PUD A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TUSCANY COVE PUD. A PLANNED UNIT DEVELOPMENT PURSUANT TO PRO\;ISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: T N A.R.N1 DE\ ELOPME. T CORP. OF S.W. FL, INC. 8224 LVIMOKALEE ROAD NAPLES, FLORDA 34119 PREPARED BY: 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL This PUD Document is proprietary, to RWA, Inc., as prepared for A.R.NI. De'~elopment Corp. of S.V chan~es may bc made to the content of this document without expressed written permission from eithd a~ent tk~r ,~.R.YI Development Corp. of S.W. FL, Inc., or A.R.M Dc,,elopment Corp. of S.W. FL, successors, or assions Exhibit c: ":~.:;: Rei,c.-:l t'[ I'; .\R\! AR'q-TSac-PUD{rcx~l 6-5-C, 31CLEANi.doc · FL. ll~t~=/~l~iJ~ , Inc. and/or ~ts TABLE OF CONTENTS List of Exhibits. Tables and Appendix Statement of Compliance Section I Section II Section III Section IV Section V Property Ownership and Description Project Development Requirements Residential Development Standards Preserve Area Development Commitments i ii I-1 II- t 111-1 IV-I V- 1 G:'C'twrent'Rei',chl' PL'[)' ~R',.I'AR\I-?S;~c-PUDI rev6) 6-5-0:iiCLE &N I.doc JUN 2 ~ 2003 I.IST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" TABLE I TABLE II APPENDIX "A" PUD MASTER PLAN PROJECT LAND USE TRACTS RESIDENTIAL DEVELOPMENT STANDARDS TYPICAL CROSS SECTIONS i JUN 2 ~ 2003 STATEMENT OF COMPLIANCE The development of approximately 78.07 acres of property in Collier County', Florida as a Planned Unit Development to be known as Tuscany Cove PUD ,,,,'ill be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of the Tuscany Cove PUD are consistent with the growth re_ulatt ns, and applicable comprehensive planning objectives of each policies, land development 2 · 'o of the ele~ lents of the Grov,'th Management Plan for the following reasons: The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (.FLUE), and the uses contemplated are consistent there'`vith. The project is proposed to be a residential development located less than one mile from a desiznated Interchange Activity Center (Activity Center # 3). The Density Rating System of the ~:LUE provides for a three (3) dv,'elling unit per gross acre density bonus when a proposed project is v, ithin one mile of an Activity Center. This density bonus of three (3) dxvellin_o units per gross acre added to the base density of four (4) dwelling units per gross acre prc;vides tbr a gross project density of seven (7) dv,'elling units per acre. The proposed density of the Tuscany Cove PUD is 5.4 units per gross acre. which is less than what is provic~ed for by the FL'UE Density Rating System. and is therefore consistent with the Fu~tu'e Land Use Ele~i~ent. Policy 5.1. of the Collier County Grov,'th Managemeut Plan. The development will be compatible with and complementary to existing and planned surrounding land uses as required by Policy 5.4 of the Future Land Use Element. The development of the Tuscany' Cove PUD ',,,'ill result in an efficient and economical extension of community facilities and services as required in Policy 3. l.g. of the Future Land Use Element. The Tuscany Cove PUD is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned (designated) for urban uses. The Tuscany Cove PUD implements Policy 5.6 of the Future Land Use Element in that more than 60~ of the project w'ill be open space or reserved for conservation purposes. The native vegetation provisions of the Tuscany Cove PUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. o The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoy'able residential development. ii (3 ,Ctm-cm'Rci.~hl Pl 'I)' ~,RM .X. RM-78ac-Pk'DIre',0) 6-5-0~,tCLE'kNI.d°c JUN 2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ov, nership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Tuscany Cove PUD. 1.2 LEGAL DESCRIPTION A PART OF THE SOUTH HALF OF THE NORTH\VEST QUARTER OF SECTION 26, TOXVNSHIP 48 SOUTH, RANGE 26 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH\VEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TO\VNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89°59'56`. EAST, 100.08 FEET ALONG SOUTH LLNE OF NORTH\VEST QUARTER OF SAID SECTION 26 TO THE EAST LINE OF A CANAL AS RECORDED IN O.R. BOOK 12. PAGE 3-18 AND THE POINT OF BEGINNING; THENCE SOUTH 89c59'56'' EAST, 2542.62 FEET ALONG SOUTH LINE OF NORTHWEST QUARTER OF SAID SECTION 26 TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH 02°1'7'05'' WEST, 1338.44 FEET ALONG THE EAST LENE OF THE NORTHWEST QUARTER OF SAID SECTION 26 TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH\VEST QUARTER OF SAID SECTION 26: THENCE, NORTH 89°59'07'' WEST, 2542.01 FEET ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTH\VEST QUARTER OF SAID SECTION 26 TO THE EAST LINE OF SAID CANAL; TttENCE, SOUTH 02°15'27'' EAST, 1339.02 FEET ALONG THE EAST LINE OF SAID CANAL TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAENING 78.07 ACRES MORE OR LESS. BEARENGS ARE BASED ON THE SOUTH LENE OF SAID SECTION 26, AS BEENG SOUTH 89°59'56'' EAST. I-I (-; C~rrcnl Roi.chi PI D \l'~\l"~\RM-'?'Sac-P['D~re',61 6-5-tO[CLEAN).doc JUN 2 q 2003 1.3 1.4 1.5 PROPERTY OWNERSHIP The subject property is owned by: Dean and Renee L. Peters (Folio No. 00193800104); Hazel P. Southall (Folio No. 00192400000); Mavis L. Campi, Trustee (Folio No. 00193000001); Alfred B. Southhall Jr., Trustee (Folio No. 00192440002); and John J. Campiello (Folio No. 00192120005). The properties are under contracts for purchase with A.R.N'I. Development Corp. of S.W. Florida, Inc. DEVELOPER Tile Tuscany Cove PUD is intended to be developed by A.R.M Development Corp. of S.W. FL, Inc., all' reference to the "Developer" as may be contained in this PUD Document shall mean A.R.M Development Corp. of S.W. FL, Inc., unless, and until the subject property described and depicted in this PUD Document is conveyed, or assigned. It is the responsibility of A.R.M Development Corp. of S.W. FL, Inc. to notify Collier County, in writing, of the land conveyance, or assignment of tile subject property described and depicted in this PUD Document within six months from the actual conveyance, or assignment. PItYSICAL DESCRIPTION The development property is located in the west half of Section 26, Township 48 South, Range 26 East. The proposed project site is presently mostly undeveloped, but has two existing single-family homes in the southwesterly portion of the property. Historically timbering and cattle grazing have occurred on the property. The majority of the property's jurisdictional wetlands have been extensively infested v,,ith the exotic species melaleuca. The propcrty is generally without topographic relief, with elevations ranging from 10.8 feet to 13.8 feet above mean sea level. The site contains several small areas of jurisdictional wetlands that are characterized as transitional wetlands in which the predominant vegetation is Melaleuca, with a mix of pine and cypress and associated upland and wetland plants. The water management system consists of approximately 10 acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The lakes are interconnected by culverts and/or the preserve areas, with project outfall being at the project's westerly boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10, as amended. I-2 (1 C r"'cm Rc,c~ Pr'l)'Mtx, l'xR\l-?Sac-PUDirex6}6-5-031CLEAN)d°c JUN 2 1.6 PROJECT DESCRIPTION The Tuscany Cove PUD shall be a residential development. The amenities proposed to be provided in the project include structures and areas to provide social and recreational space. lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities that will function as a neighborhood park for the project residents. Access to the property .`,,'ill be from Collier Boulevard (C.R. 951). and will be in alignment with the entrance to Pebb]ebrook Lakes Subdivision. That segment of Collier Boulevard betv,'een Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2003 ~Capital Road Project #65061 ). Each residential unit .`viii be served .`vith centl'al]y provided potable ,..`'aler. sanitary sewer. electric power, and telephone. Additional services ,,,,'ill be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be knov,'n and cited as the "Tuscany Cove Planned Unit Development Ordinance". I-3 JUN 2 2003 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances. the respective land uses of the Tuscan.,,' Cove PUD development, as well as other project relationships. 2.2 GENERAL Regulations for development of the Tuscany Cove PUD shall be in accordance with the~contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect itt tine time or' building permit application. \Vhere these PUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. This PUD Document and attendant PUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the Developer. Understanding that this PUD Zoning designation ,,,,'ill apply to all successors and assigns, the development standards for an alternative residential product proposed by the Developer. or successors Developer, may deviate fi'om the specific devclopment standards for the residential product proposed by the Developer for this PUD zoning approval. Unless otherv,'ise noted, the definitions of all terms shall be the sanne as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Tuscany Cove PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless modified, .vaived 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 that comprises this PUD. Fo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next-to< ,,.m t~tl~i-~,,~~ .)..,' Final Site Development Plan approval, or Final Plat approval, or b~ ildir}~.p_ermit'~ ~ issuance applicable to this development. JUN 2 q 2003 II-1 I~ ('::~,'~ RfL_-£.!:.'~ }~(l! ~!~:\l ',!~\l-~":~c-}~[ f1~I'c',6~'5-5 ~,CL[~.'~NIA,~' 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan. including layout of streets and use of land is illustrated graphically by Exhibit "A", PUD Master Plan. TABLE I PROJECT LAND USE TRACTS TRACT"R" TRACT"P" TYPE UNITS/FT. ACREAGE_+ RESIDENTIAL 500 73 PRESERVE 0 7.42 2.4 2.5 Areas illu~,trated as lakes by E×hibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallov,', intermittent wet and dry' depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other bounda,'ies may be permiued at tile time of Final Plat or Site Development Plan approval, subject to tile provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code. or as olher',vise permiued by this PUD document. In addition to the various areas and specific items shown on Exhibit "A". such casements as necess:u'y (utility. private, semi-private/ shall be established within or along tile various tracts as may be necessa%'. MAXIMUM PROJECT DENSITY 4,> residential dv,'elling units may be constructed in the total project area. A maximum of The gross prqiect area is approximately 78.07 acres. The gross project density, therefore, will be a ma×imam of 5.4 dv,'elling units per acre. Should Assisted Living Facility (ALF) development be proposed, the project density shall be reduced by one (13 dxvelling for every four (4) ALF units proposed. PROJECT PLAN APPROVAL REQUIREMENTS Prior to Final Local Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. Exhibit "A", PUD Master Plan, constitutes the required PUD Develo Any dixision of property and the development of the land shall be in corn Division 3.2 of the Collier County Land Development Code, and tile plal tile State of Florida. I1-2 lance wtm ngJ~{s ~)~ ~3 I~.~. 2.6 2.7 The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments ,,;,'ill be provided at the time of infrastructural improvements regarding an.,,, dedications and methods for providing perpetual maintenance of common facilities. Prior to the development of a zero lot line product, or single-family attached units lbllowing the development standards set forth in Sub-sections 3.4.B.2), 3.4.C.2), 3.4.C.3). 3.4.D.2). and 3.4.D.3) of this document, in which each unit is on a separate platted lot, the Developer shall submit a Preliminary Subdivision Plat shovdng the buildinu envelope on all of the lots intended for zero lot line construction to the Planni~ Services Department l\~r purposes of indicating zero lot line relationships. provision tbr achieving the minimum space betv, een buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform mariner. No side-yards are required bctxveen units where multiple units, intended for fee simple convev~mce, are contained in a single principal structure. The Preliminary Subdivision Plat' shall also show typical lots, and the lbotprints of the proposed residences. LAKE SETBACK AND EXCAVATIONS Lake setbacks shall conform with the requirements described in Section 3.5.7.1.1.. and 3.5.7.1.2. of the Land Development. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal of fill from the Tuscany Cove PUD shall be limited to an amount up to ten percent (10c/c) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. RIGItTS-OF-WAY All platted project streets shall have a minimum 50-foot right-of-way, a deviation from Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet. to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan), and shall be private, and shall be classified as local streets. Utilization of lands within all project rights-of-way 'or landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking facilities required for multi-family uses shall be parking aisles or drivev,'ays that are separate from any roads that serve m development. A green space area of not less than ten (10') feet in width from pavement edge shall separate any parking aisle or driveway from road. II-3 ~cces~rr~ '5 ,re tP~ e"_~- ~/ ,s m~..r~ 2003 ny (i ('un'c:;I Rci-.id f'I'D' \RM ~\RM--?Sac-PUD~re~0~ 6,-5-03(CLEANLdoc 2.8 2.9 2.10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Extnibit "A". as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 5.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure tile continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Tuscany Cove PUD. \Vhenever the Developer elects to create land area and/or recreation amenities whose ov, nerstnip and maintenance responsibility is a common interest to all of the subsequent pm'clnasers of residential units or real property ,xithin tile Tuscany Cove PUD, the Developer .,hall proxide appropriate legal instruments for the establistmqent of a Property Owners' Association, or Master Condominiunn Association, whose function stnall include provision for the perpetual care and maintenance of all common facilities and open space, sub. iect ft_~rther to tile provisions of Section 2.2.20.3.8. of the Collier County Land Dexelopment Code. MODEL. SALES, AND CONSTRUCTION OPERATION FACILITIES .Models. sa]es/rental cenlers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Tuscany Cove PUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. Temporary Use Permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted concurrently with applications for Prelimin, ry Subdivision Plat (PSP), to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. The existing single-family principal structures nlay be used for temporary sales centers, and construction operation/management offices, and may be existing well and septic systems. D. TemporaD.' uses for sales centers may be serviced by temporary v, systems. II-4 ,< (' ,,','tnt F, ci-.:!;] PUD' \R\I'-'-,R\l-VSac-PI 'D, re~6:, 5.-5-~3~C[.EAN~ doc The clubhouse facilities may be used as a temporary sales facility, and may also be utilized to rnarket residential products v, ithin the boundaries of this TUSCANY COVE PL'D, as well as marketing residential products on adjacent lands that share infrastructure with the development authorized by this PUD Ordinance. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be subnfitted concurrently with applications for Preliminary Subdivision Plat (PSP) to depict the location of the clubhouse and related facilities within a future platted tract. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures v,'ithin the PUD boundaries may be retained, and utilized for temporary, uses as set forth in Section 2.10 of this PUD Document. Those existing structures may be retained through the construction and platting phases of the development. 2.13 FILL STORAGE No~withstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the Tuscany Cove PUD. Fill material generated may be stockpiled xvithin areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit. along with plans shov,'ing the locations and cross-sections st~all be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maxinmm height: thirty-five {35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Tuscany Cove PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final development order approval. II-5 JUN 2 2003 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Groxvfll Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 7.47 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. Viable. naturally ft'nctioning native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75~-) canopy coverage of exotic species. The PUD Master Plan depicts seven Native Preserves that will be platted as Native Preserve Easements. Tile Native Preserves depicted are either all retained native vegetation, a mixture of retained native vegetation and created native vegetation, or are all created native vegetation. This is due to the fact that of tile 78.07 acre project site, only 29.88 acres of the site is "native", by definition. The following is a description of all the Native Preserves depicted on the PUD Master Plan: Native Preserve 1 is a created native vegetation area: Native Preserve 2 is an area of a combination of retained native vegetation, and created native vegetation; Native Preserve 3 is a retained native vegetation area; Native Preserve 4 is :tn area of at combination of retained native vegetation, and created native vegetation; Native Preserve 5 is a retained native vegetation area; Native Preserve 6 is a created native vegetation area: Native Preserve 7 is a retained native vegetation area. Native Preserves shall have an average fifty foot (50') v,'idth, but be no less than thirty feet (30'). Native Preserve areas that are thirty feet (30') in width shall not comprise greater than twenty-five percent (25'7c) of the total Native Preserve for the project. The design, area, and configuration of the Native Preserves may be modified. Hoxvever, the remaining Native Preserves shall not go below 7.47 acres in total area. Please refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 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 and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the TUSCANY COVE PUD District on in this PUD Document, and PUD Master Plan, and applicable provisions af tl~,-Land~ the Official Zoning Atlas shall be governed by the adopted development regular Development Code. I1-6 JUN 2 2003 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A". MAXI.MUM DWELLING UNITS The maxinlum number of residential dwelling units allowed vcithin the PUD ,,,hall be established at the time of development plan reviev,', but .,,hall not exceed 425 dxvelling units. Should Assisted Living Facility (ALF) development be proposed, the project dwelling unit count shall be reduced by one (1) dwelling unit for every four (4) ALF units proposed. USES PERMITTED No buildino or structure, or part thereof, shall be erected, altered or used. or land used. in whole or in part, for other than the following: A. Principal Uses: 1) Single-family detached dwellings. 2) Single-family attached dwellings (including tov,'nhouses intended for fee simple conveyance), zero lot line, vill'dpatio dwellings and/or multi-family dwellings. Note: Villa/Patio dwellings referenced in this document are deflated as detaclted si~gle-Jim~ily dwellb~gs of a ~vm~ller acme tlum the tyt;icM si~gle- fim~ily detached dwellb~g. Scale ~'aria~rces ire'Irate smaller lot size decreased building square footage. 3) Group care facilities (category I and II), care units, nursing homes, assisted living facilities pursuant to § 400.402 Florida Statutes and Chapter 58A-5 Florida Administrative Code, and continuing care retirement communities pursuant to § 651 Florida Statutes and Chapter 4-193 Florida Administrative Code, all subject to Section 2.6.26 of the Collier County Land Development Code. 4) Model Homes (See Section 2.10 of this PUD Document). 5) Project sales and administrative offices, which may occur in re recreational buildings, and/or in temporary buildings until st permanent structures are available. III- 1 G '('!llqCI~t"Et~i~'~'!]! PUl) ~'¢'M?'RM-?fiac-PUD~rex6~ 6_5-/13(CLEANLdoc ide i.a l_"D :h time as JUN 2 q 2003 B. Accesso~' L'ses: Ct~stomary accessory uses and structures including, but not limited to, chlbhouses, private garages, tennis facilities, and sv¢imming pools with, or without screened enclosures, and other outdoor recreation facilities. .~) Utility facilities and or easements (includin~o rio_hts-of-wav easelnents). 3) Signage (see Section 5.11 of this document). 4) \Valet management facilities/lakes. 5) Storage areas, for the exclusive use of the residents of the PUD. 3.4 DEVEI.OPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundau' lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure, a deviation from Division 6.3, Definitions. of the Land Development Code, fi'om edge of right-of-way to back of curb or edge of pavement. (See Appendix "A'. Typical Cross Sections, and Exhibit A. PUD Master Plan). Condominium, and/or homeov,'ners association boundaries shall not be utilized for determining development standards. B. MINLMUM LOT AREA: 1) Single-family lots: 6,000 square feet. 2) Attached single-family (including townhouses intended for fee simple conveyance), villdpatio homes, and zero lot line dwellings: 2.500 square feet of site area per dwelling unit. 3) Multi-family parcels: 1 acre. C. MENIMUM LOT WDTH: 1) Single-family lots: Interior lots: 60 feet; Corner lots: 70 feet. 2) Attached single-family dwelling units (including townhouses intended for fee simple conveyance): 25 feet. Corner lots shall provide 35 feet. 3) Viii'a/patio homesites, and zero lot line lots: Interior lots: 40 feet; Comer lots: 50 feet. 4) Multi-family parcels: 150 feet. Note: Lots' loet~ted Otl a cid-de-sac o1' the radius ora curved street shall than $0% of the required average lot n'idth at the front setback line. III-2 rex 6> 6-5-031CLEAN ~ dtx: ]lave no less JUN 2 D. MINIMUM YARDS (Principal Structures): 1) Single-family detached: Front Yard: 25 feet. Side Yard: 7.5 feet for single story structures, and 10 feet for 2-sroO' structures. Rear Yard: 20 feet. Pres.rves: 25 feet. Minimum Distance Between Structures: 15 feet for single story structures, 20 feet for tv,'o story structures and 20 feet for a single story structure adjacent to a two story structure. 2) Single-family attached: Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures. iSee Sub-section 2.5.E. of this PUD Document) Rear Yard: 20 feet. Preserves: 25 feet. ,x. Iinimum Distance Between Structures: 15 feet for single >tory structures, 20 feet for two story structures and 20 feet for a single story structure adjacent to a tv,'o story, structure. 3) Vill'dpatio homes, and zero lot line: Front Yard: 20 feet. Side Yard: 3 feet to 9 feet. Three feet (3') minimum side yard setback on only one side, provided a minimum 10 foot (10') separation between principal structures is maintained. Rear Yard: 20 feet. Preserves: 25 feet. Mininmm Distance Between Structures: 10 feet. 4) Multi-family and group care facilities: Front Yard: 20 feet. Side Yard: 15 feet or V2 of the building height, vchichever is greater. Where adjacent to a lake, 0 feet from the lake control elevation. No structures are permitted in the required 20-foot lake maintenance easement. Rear Yard: 20 feet. Where adjacent to a lake, 0 feet from the lake control elevation. No structures are permitted in the required 20-foot lake maintenance easement. Preserves: 25 feet. Minimum Distance Between Structures: 15 feet, or one-half of heights of adjacent buildings, whichever is greater. III-3 PUl) .M4M',5, RM~7Sac-pL'l)~'rc~ (~! 6-5 1131CLE-\NI doc 2003 E. MINIMUM YARDS (Accessory Structures): 1) Single-family detached: Front Yard: Same as principal structure. Side Yard: Same as principal structure or, `,,,,here adjacent to a preserve area, l0 feet or, ,,,,'here adjacent to a lake, 0 feet from the lake maintenance easement. No struclures are permitted in the required 20-foot lake maip. tenance easement. Rear Yard: Detached: 20 feet or, where adjacent to a preserve area. 10 feet or, xYhere adjacent to a lake, 0 feet fi'om the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. ,-\t~ached: 5 feet or, `,,,'here adjacent to a preserve area 10 feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. /See Appendix "A", Typical Cross Sections, and Exhibit A. PUD Master Plan). 2) Single-family attached: Front Yard: Same as principal structure. Side Yard: Same as principal structure or, where adjacent to a preserve, 10 feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Rear Yard: Detached: 20 feet or. `,,,'here adjacent to a preserve area, 10 feet or, v, here adjacent to a lake, 0 feet fi'om the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Attached: 5 feet or. where ad~iacent to a preserve area 10 feet or, `,,,,here adjacent to a lake, 0 feet fi'om the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan). 3) Villa/patio, and zero lot line: Front Yard: Same as principal structure. Side Yard: Same as principal structure or, `,,,'here adjacent to a preserve area, I0 feet or, `,,,'here adjacent to a lake, 0 feet fi'om the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Rear Yard: Delached: 20 feet or, v,'here adjacent to a preserve area, 10 feet or, `,,,'here adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Attached: 5 feet or, where adjacent to a prese~'e area 10 feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan). JUN 2 III-4 ~ ~- ':.' ' !'~:f~.5! t'! [? :,.RM .:~R".I-~S:~c-pk'Dtrc~'~ 6 5-1~3~CLE:5, N, doc 4) Multi-family and group care facilities: Front Yard: Same as principal structure. Side Yard: Same as principal structure or, where adjacent to a preserve area, 10 feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Rear Yard: Detached: 20 feet or, where adjacent to a preserve area, 10 feet or, ,:,'here adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Attached: 5 feet or, where adjacent to a preserve area 10 feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan). 5) Clubhouse/Recreation Buildings: Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 7.5 feet for two sroU' structures or. where adjacent to a preserve area, 10 feet or. where adjacent to a lake, 0 feet from the lake maintenance easement, No structures are permitted in the required 20- foot lake maintenance easement. Rear Yard: Detached: 20 feet or, where adjacent to a preserve area. 10 feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. Attached: 5 feet or, where adjacent to a preserve area 10 feet or, v,'here adjacent to a lake, 0 feet fi'om the lake maintenance easement. No structures are permitted in the required 20-foot lake maintenance easement. (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan). The 20-foot lake maintenance easement shall be waived where common area swimming pools/decks interface with a bulkheaded lake, only with approval fi'om the South Florida Water Management District. F. MINIMUM FLOOR AREA: 1) Single-family detached dwelling units: 1,200 square feet. 2) Single-family attached (including townhouses intended for fee simple conveyance), villa/patio homes, zere lot line: 1,000 square feet. 3) Multi-family: Efficiency, 400 square feet, one bedroom, 600 square feet, two or more bedrooms, 750 square feet 4) Group care facilities: 400 square feet. G. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development C at the time of building permit application. III-5 PUl) -\RM\AI,/M*'"~:~c-PUD!rcx6I fi-5-(~,31CLEAN)doc JUN 2 20113 Ho MAXIMUM HEIGHT 1) Single-family detached: Three-stories above the minimum flood elevation with a maximum of 35 feet. 2) Single-family attached (including townhouses intended for fee simple conveyance), villa/patio homes, and zero lot line homes: Two stories above the minimum flood elevation with a maximum of 35 feet. 3) Multi-family, group homes and group care facilities: Four stories above the minimum flood elevation with a maximum of 45 feet. 4) Accessory structures: 2 stories above the minimum flood elevation with a maximum of 35 feet except for attached screen enclosures, which may be the height of the principal structure. III-6 G Current'~Reischl",PUD'ARMX~RM-78ac-PUD(rex6/6-5-03ICLEAN} doc JUN 2 2003 DEVELOPMENT STANDARDS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS SINGLE- SINGLE- ZERO MULTI- CLUBHOUSE/ FAMILY FAMILY LOT LINE FAMILY\ RECREATION DETACIIED ATTACHED PATIO\VILLA GROUP CARE BUILDINGS PRINCIPAL STRUCTURES .XlINIMUM LOT AREA MINIMUM LOT WIDTH MIN. FLOOR AREA FRONT YARD SIDE YARD REAR YARD PRESERVE SETBACK .',liN. DIST. BET\VEEN STRUCTURES 6.000 S.F. 2.500 S.F. 2.500 S.F. I ACRE N/A 60 FEET 25 FEET 40 FEET 150 FEET N/A 1.200 S.F. 1,000 S.F. 1.000 S.F. -100 S.F. N/A 25 FEET 20 FEET 20 FEET 20 FEET N/A 7.5 FEETt 5 FEET~? 3 FEET to 15 FEET N/A 10 FEET: 7.5 FEETz'? 9 FEET~': or !~ Blt~ 20 FEET 20 FEET 21) FEET 2~) FEET s N/A 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 15 FEET 1() FEET l0 FEET 20 FEET: 15 FEET-' 15 FEET~ N/A MAX. BLDG. HT. 35 FEETs 35 FEET(` 35 FEET~' 45 FEET N/A ACCESSC~RY STRUCTURES FP, ONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S.:'~ S.P.S.-" S.P.S. :'x S.P.S. :'~ s; OR 7.5 FEET:~ REAR(ATTACHED) 5 FEET" 5 FEET~ 5 FEETs 5 FEETs 5 FEET~ (DETACHED) 20 FEETs 20 FEET' 2{.) FEET~ 20 FEETs 5 FEETs PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX. BLDG. HT. 35 FEET? ~ 35 FEETs'~ 35 FEET~ 35 FEETs'~ 35 FEET~s III-7 ~ Applicable to single stoL', d~velling units. -' Applicable to two and three story' dv,'elling units, or where a single story d~'clling unit is adjacent to a two story structure. 3 Three foot (3') minimum side yard setback on only one side. provided a minimum 10 foot (10') separation between principal structures is maintained. 15 feet. or one half of thc sum of the heights of adjacent buildings, ~hichexer is greater. Buildin~ hei~.ht shall be measured from the minimum flood elevation. 2 stories, x\ith a maxinmn~ oI .~5 feet above the minimum flood clex ation, except for altached screen en~ ma> be the height of the principal structure. Where fec simple lots are created for each dwelling unit. no side yard shall be required bemeen intcrk unified principal structure, and the required side yard shall be measured from the exterior wall(s) of tht structure. \Vhcre'adiaccnt Io a lake. 0 feel from the lake maintenance easement. No swuctures are pcrmiued in foot lake maintenance casement (Sec Appendix "A". T> pical Cross Sections. and Exhibil A. PUD Ma~ units ora pr n [ffi 2 2003 hc required 20~' Note: The location of structures proposed adjacent to a lake may have no setback fi'om the lake mainlenance eascmenh No ~tructures are pemqitted in the required 20 foot lake maintenance easement. except as provided for in Section 3.4.E.5) of this PUD Document. S.P.S.: Same as Principal Structures. BH: Building Height. SECTION IV PRESERVE AREA 4.1 4.2 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and puq'~ose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as xt ctlands, including upland buffers, in their natural, and/or enhanced state. USES PERMITTED No building or ,~trt cture or part thereof, shall be erected altered or used, or land used. in whole or in part, for other than the follov,'ing, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: 1) Open spaces/Nature preserves. 2) Water n~anagement structures. 3) Mitigation areas. 4) Hikin_o trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to app,'oval by permitting agencies. IV-I (l Curr'c~t R,:i,:hl PI'D ARM' ',R\1 '~',ac-Pk'D~c~(,~ (~-5-~31CLE.-XN! doc JUN 2 2003 SECTION V DEVEI~OPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable StaTe and local lav,'s, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply' to this project, even if the land within the PUD is not to be platted. The Developer. its successors and as.signs, shall be responsible for the commitments outlined in this document. The Developer. its successors or assignee, shall follow the Master Development Plan and the regulalions of the PUD. as adopted, and any other conditions or modifications as may be agreed to in tile rezoning of tile property. In addition, any successors or assignee in title to the Dexeloper is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the Developer. Upon assignment or delegation, tile Developer shall be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plain illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of tile Land Development Code, amendments may be made fi'om time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. V-1 ~'; (' .~-::r:~ Rci.~l~] P['D,.ARx. P, ARM-7,'<ac P['Dtt'ex6/6-5-03!CLEAN) doc The Community Development and Environmental Services Administrator, or his I, designee, shall be authorized to approve minor changes and refin i-nent~~,,t '-~ Tuscany C°ve PUD Master Plan up°n v"ritten request °f the Devel°perIJlJlql~-~2 tt ~{}3111~.~~'[ 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Grov,'th Management Plan and the Tuscany Cove PUD document. The minor change or refi'nement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible v,'ith adjacent land uses. and shall not create detrimental impacts to abutting land uses. water management facilities, and Preserve ,,-'M'eas within, or external to the PUD boundaries. 2) The follov,'ino shall be considered minor chanpees or refinements, .,,ubject to the limitations of Subsection 5.3.C. 1) of this document: Reconfiguration of Preserve ,Areas. jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of tile South Florida \Valor Management District and Collier County. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadv,'avs (i.e.: State or County roadv,'ays), to the PUD itself. ,.,,'here no water c~nservation/preservation areas are affected, or otherv,'ise provided for. d. Reconfiguration of residential parcels when there is ilo proposed encroachment into Preserve Area, except as provided for in "a." above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance xvith all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for developnlent or implementation of the minor change or refinelnent without fi applicable County permits and approvals. V-2 (1 ('t;~,-~: Rc ,c ~1 Pl'I) ~,RMx&RM-7,sac-PUD(rexfll 6-5-I~3iCLEa, N~doc 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. ,An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 5.5 TRANSPORTATION The dex'clopn~ent of this PUD shall be subject to and governed by the follovcing slipulations. The Collier' County Transportation Services Division Administrator reserves the rigtnt to inlpose more stringent requirements if determined ;.ts necessary to protect tile health, safety and welfare of lhe public. Also. note that any language within this PUD document, whether ,,',hole or in part. that conflicts with. or can be interpreted and/or construed in any wav shape or form :.is being in conflicl v, ith lhe follov,'ing stipulations is null and void, as determined by the Collier County Transportation Services Division Administrator. All traffic control dcx'ices and design criterion used shall be in accordance with tile miniintnn standa~'ds as adopted by the Florida Department of Transportation IFDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Lay,'. All traffic speed limit postings shall be in accordance with tile mininmm standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Mantml. as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occnpancy (CO). E×tcrnal and intenaal improvements determined by Collier County Transportation staff to be essential to the sale ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO). Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13. as anaended, and ,.','ill be paid at the time building permits are issued, u-'.ess otherwise approved by the Collier County Board of County Commissioners (CCBCC). V-3 ,~- ,- r:~.,,:~ R:.~..!:I pup -',}<',I ~\Rx'[-'~-:.: PL'l),~c,,~,= ,~ 5-/~".,CLEAN; doc Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to modify, or close an.,,' ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not linlitec "yt'~~..~..fi ' concerns, operational circulation issues, and roadv,'ay capacity problems. JUN 2 4 2003 G. An.,,' and all median opening locations ``,,'ill be in accordance with the Collier County Access ,'lanagement Policy. as amended, and Land Development Code (LDC), as amended. Median access a'nd control ,,,,'ill remain under Collier Count>' Transportation staff's authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse uffect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. Nothing in any development order will vest the right of access over and above a right in/ri2ht out condition. Neither ``,,'ill the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The developlncnt shall be designed to promote the safe travel of all users including pedestrians and bicyclists. It is the purpose and iment that till deYelopments shall provide the means to separate pedestrians and bicyclists from motor vehicle traffic and to provide the intcrconnections of said pedestrian and bicycle facilities from one to another. To ensure this the follov,'ing shall be the minimum requirements provided relevant to same: Pedestrian Travel \Vays: · Multi-family areas sidewalks shall be a minimum of six feet in width. · Local roadv,'ay sidewalks shall be a minimum of six feet in ``vidth. · Collector and arterial roadways sidev,'alks shall be a minimum of eight feet in width. Bicycle Travel Ways: Muhi-familv and local roadv,'ay bike lanes are not required. Ho``vever, it is preferred that travel lanes be a minimum of tv,'elve feet in width so as to accommodate bicyclists. Collector and arterial roadv,'ays in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimun~ four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. Further, said pedestrian and bicycle travel ways and interconnections relevant to sa~.~e, shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. V-4 G ('::r:cnl Roi.till'Pt D~,RM'ARM-?Sac-Pt'Dire''6) 6-5-03{CLEAN I.doc The de','elope~'l~,), its successor(s) in lille, or assignee(s), will be responsible for the cost of any and all n'affic signal(s), at any and all development entrancefs), ,,,,'hen determined xvar~'anled and approved by Collier County Transporlation staff. \Vhen v,'arranted, upon the completion of lhe installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ov,'nership) to Collier County, and ,,','ill then be operated and maintained by Collie~' Cotmtv Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbt'rsemcnt(s), from any and all other neighboring dcvelopel'i~,t/propcrty ov,'nerts), that directly benefit from salid traffic signal(s), ',a'ill be detenqdned based upon percentage of usage/impact. Thc de\eloper(s) shall provide any and all sile relaled wansponation improvement(s) including, but not limited to, any aild all necessary turn lane,s) improvement(s) at the dexclopment enn'ance(s) p~'ior to the issuance of the first permanent Certificate of Occtlpar~c.v (CO). Said improvements are considered site related, and therefore, do not qualify for impact tee credits. When said turn lane improvement(s), whether left turn lane, s) alqd/or right ttlrn lane(s), are deten'nined to be necessary, right-of-way and/or compensating righl-of-v,'ay, shall be provided in con.itmction with said improvement(s), as deter'mined by Collier County Transportation staff. :\11 xvo~'k within Collier Cotmty.~'ight-of-xvay shall meet the requirements of Collier County Ordinance No. 93-64. as amended. Collier County Transportation staff reserves the right to impose sn'icter requi~'cmenls if determined as necessary to protect the health. safety ai,,d welfare of the public. All internal access(es/, drive aislets), sidex~alkis), etc.. not located within County right- of-v, ax'. will be p~'ivately maintained by an entity created by the developer(s), its st~ccessor/s) in title, or assignee(s). N. Joint/shared access/es) may be required by Collier County Transportation staff, as a condition of Site Development Plan/SDP) approval. Frontage. midpoint and/or reverse l¥ontage (backside) interconnection(.s) may be ~'equired by Collier County Transportation staff, as a condition of Site Development Plan t SDP) approval. Prior to development of an,,' and all portion(s) of any and all development(s), Site Development Plan (SDP) approval shall be obtained/received from Collier County Transportation staff. If a gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles lo be backed up onto any and all adiacent roadways. To ensure this the folio\ring shall be the minimun'~ requirements provided relevant to same: · The minimum throat depth from the nearest intersecting roadway edg shall be no less than 100 feet to the key pad/phone box for the propose, V-5 G (':.7:.'~; N._~-~i:! !'t ~ ~,RVi -\R\l-'Sac PL [),rexO~ 0-5- ~3iCLEAN) doc g at~N~.~~ JUN 2 5.6 The minimum throat widths shall consist of m'o ingress lanes (one lane adjacent to the keypad/phone box and one pass-by lane for residents with remotes) and two egress lanes (one for right turning traffic and one for left turning traffic). · A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). Collier County Transportz ,ion staff reserves tile right to require the removal of any gate found to cause concern relevant to the health, safety and welfare of the public. R. The developer shall provide a 10 foot shared use path along either the east, or west side of the westerly property line of tile development in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. PLANNING Thc development of this PUD Master Development Plan shatll be subject to and governed by the following conditions: Sidev,'alks six feet in width shall be provided on both sides of local streets. Sidewalks and bike lanes ~,hall be constructed contiguous to public and private t'oadwavg. xx hicb are adjacent to and/or internal to the site, in conformance with the following criteria: For multiple-£amily residential development, sidewalks shall be constructed contiguous to ?ublic and private roadways or other motor vehicle travel ways that serve more than one driYeway /excludes secondary access alleys) and which are adjacent to or internal to the site. All sidewalks and bike lanes shall be constructed in accordance xvith design specifications identified in Section 3.2.8.4.14 and Division 2.8 of the Land Development Code. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right-of-way to accommodate tile roadway, sidewalks, and bfke lanes. Sidev,'alks and bike lanes shall be constructed concurrently with tile roadway. 5.7 WATER MANAGEMENT The development of this PUD Master Developnlent Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in acc(ldan~e~ Collier County Land Development Code and South Florida Wat,~r District Rules.V-6 G C,~rrc~Rc'-~h PtI>~RM'X, RM-75ac-PL'l)~re~'5-5-~GICLE~N~d°c 5.8 5.9 The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. UTILITIES The development of this PUD Master Development Plan shall be subject lo and governed by the following conditions: Water distribution and sev,'age collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers COlmecting to the water distribution and sewage collection facilities will be considered to be customers of the County. and ~a'ill be billed by the County in accordance xvith the County's established rates. ENVIRONMENTAL The development of this PUD Xlaster Development Plan shall be subject to and governed by the follov,'ing conditions: Environmental permitting shall be in accordance with the State of Florida Enx'ironmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per. or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, extending at least fifteen 115) feet landv,'ard from the edge of the wetland preserves in all places, and average tv,'enty-five (25) feet fi'om the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan appro' ~1_ jt.,ro~F ,**._':K JUN 2 V-7 (7 Ctm'n Rewh PUD x. RM'-XR~, -7' c-PUDircx6)6-5-03iCLEANidoc An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site. with emphasis on the conservation/preservation areas, shall be submitted to Environmental Serx'ices Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. The PUD, except as provided for in the lawfully adopted PUD Ordinance. shall be consistent v, ith the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier Cot~nty Land Development Code in effect at the time of final development order approval. At the time of the next development order submitt;~fl, the petitioner shall provide copies of their SFWMD, Environmental Resource Permit applications. ACCESSORY STRUCTURES Accessor.v structures may be constructed simultaneously with. or follov,'ing the construction of the principal structure, except for the ctubhot~se facilities, a construction operation/management office, and model center, v. hich may be constructed after zoning approval. SIGNS All signs shall be in accordance with Division."'.5 of Collier County's Land Development Code in effect at the time of Site Development Plan appl'oval, with the following exceptions: Project Identification Signs - Two ground. ,.,,'all, or gate project identification signs may be located in proximity to the entrance to the development, subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia, or motto of the development, alld shall not contain promotional or sales material. 2) Project identification signs shall not exceed sixty-four (64) square feet, excluding mortaring surfaces or structures. Where signage is affixed or an integral part of a ,,','all or fence, the face of the sign may protrude above the upper edge of the v,'all or fence, but remain subject to height restrictions. 3) 4) Monument/logo project identification signs shall not exceed sixty (30) square feet. excluding mounting surfaces or structures. Where signage is affixed or an integral part of a ,.,,'all or fence, the face of the sign may protrude above the upper edge of the ,.,,'all or fence, but remain subject to height restrictions. No monument/logo, nor project identification signs shall exceel feet above the finished ground level of the sign site. V-8 5) Project identification signs, including monument/logo project identification sions, may be lighted, provided all lights are shielded in a manner that prevents glare on adjacent roadways, or into adjacent residences. Project Promotion Signs: One ground or wall sign may be located on the project's frontage on Collier Boulevard for the purpose of promoting the development or any major use within the development, subject to the following requirements: 1) Any promotional signs shall not exceed 100 square feet, excluding mounting surfaces or structures. No promotional sign shall exceed a height of 10 feet above the average finished ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner that prevents direct glare on adjacent roadv,'ays, or into adjacent residences. 5.12 LANDSCAPE BUFFERS. BI-7. RMS, FENCES AND WALLS Landscape buffers, berms, fences and ,,,,'ails are generally permitted as a principal use throuuhout the Tuscany Cove PUD. except in Preserve Areas. All landscaping shall be in accor~lance with Collier County Land Development Code (LDC) in effect at the time of building permit application. The following standards shall apply: A. All landscape berms shall be in accordance with 2.4.4.18 of Collier County LDC. Landscape berms mav have the follov,'ing maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 Fence or ,,,,'all nqaximum height: 9 feet, a deviation fi'om the Section 2.6.11.2.1 requirement of 6 feet to 9 feet, as measured from tile finislled grade of the ground at thc base of the fence or ,,,,'all. For the purpose of this provision, finished gnide shall be considered no greater than 18 inches above the crown elevation of the nearest existin~ road. Fences and walls utilized for perimeter buffering may be no closer than fi~e feet (5') fi'om the project property boundar)'. All fences or walls shall be in accordance with Collier County LDC. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. The PUD Master Plan (Exhibit "A"), depicts a mininmm 25-foot perime buffer in some areas, that is 10 feet and 15 feet greater than the requirem< Section 2.4.7.4. That perimeter land use buffer shall be platted as al Water management areas/facilities may not encompass greater than 60 per perimeter land use buffer easement, and may be identified as a drainag within tile perimeter land use buffer easement. V-9 5.13 5.14 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for else~x'here in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An Agreement betv,'een the Developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ov,'nership of such common areas including homeowners' associations. V-lO G Cul~'cnl',Rci'chl'PIlD'''.M~'M'AR\I-?s:ac-PUD~rc~(~ 5-5-(13~CLEAN) doc JUN 2 2003 PUD.RICHLAND pE~BLEBROOK LAKES SUBDIVISION --'F ..... ~ _~ ............ ~-~ ........ ~__~---~ EXHIBIT "A" L]C)~4 S L' L_TI,~G APPENDIX ~A~ TYPICAL CROSS SECTIONS A-1 APPENDIX TYPICAL CROSS SECTIONS JUN 2 ~t 2~3 APPENDIX TYPICAL CROSS SECTIONS A-3 JUN 2 APPENDIX TYPICAL CROSS SECTIONS JUN 2 4 2003 EXECUTIVE SUMMARY BOARD APPROVAL OF AN ORDINANCE TO EXTEND THE ADDITIONAL NINTH CENT LOCAL OPTION FUEL TAX. OBJECTIVE: To obtain Board approval of an Ordinance for the extension of the Ninth Cent Local Option Fuel Tax as provided for in Florida Statutes, Section 336.021 extending the tax up to and including the year 2025. CONSIDERATIONS: A referendum election was held March 11, 1980 at which the levy of an additional one-cent ($.01) fuel tax as authorized by Florida Statutes, Section 336.021, was approved by vote of the electorate, this was called the "Ninth-Cent Fuel Tax". A Resolution providing for the levy of said tax was approved by the Collier County Board of County Commissioners, effective June 1, 1980. On June 3, 1980, Collier County enacted Ordinance 80-50 providing for the levy of the Ninth-Cent Fuel Tax with a 30 year expiration set forth in the referendum. On March 11, 2003, the Collier County Board of County Commissioners approved, by extraordinary vote, the levy of the tax through the year 2025. On June 3, 2003 the Board passed a Resolution of Intent to Levy the Ninth-Cent tax and instructed staff to prepare and advertise an ordinance extending the tax up through and including the year 2025. Section 336.021, Florida Statutes, provides for the levy of a Ninth-Cent local option fuel tax upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes. Florida Statutes, Section 336.021, provides that levies of the Ninth-Cent local option fuel tax may be extended by a super-majority vote of the governing body of the County~ Such imposition needs to be extended through and including December 31, 2025. The approved Transportation Financing Plan of Action is predicated on bonding available various fuel tax revenues. The additional $0.01 local option fuel tax initially imposed needs to be extended through and including December 31, 2025. Collier County has adopted a Five-Year Capital Improvement Road Program to undertake needed County road projects. The Collier County Growth Management Plan and the Annual Update and Inventory Report (AUIR) are predicated on gas tax revenues, including the additional Ninth-Cent Local Option Fuel Tax, being available to continue current and planned road improvements. Delays in undertaking specific roadway improvements due to insufficient gas tax revenues will result in increased road construction expenditures and result in a decrease in the level of service on County roadways. In order to preserve Collier County future transportation planning and support a necessary bond issue, the tax needs to be extended through the year 2025. FISCAL IMPACT: The extension of the Ninth-Cent Local Option Fuel Tax is expected to generate needed funds for future transportation improvements, including the issuance of any necessary bonds. GROWTH MANAGEMENT IMPACT: The additional Ninth-Cent Local Option Fuel Tax is a principal revenue source of the Transportation Element in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Adopt the Ordinance for the extension of the additional Ninth-Cent Local Option Fuel Tax with an expiration dateo~ December 31, 2025. // Submitted by: DATE: ' Nor~n Fed~r, Transportation Administrator / Prepared by: t Jacqueline Hubbard Robinson Assistant County Attorney Reviewed by: David C. Weigel, County Reviewed by: Mike Smykowski, Budget Director DATE: 2 ORDINANCE 2003 - AN ORDINANCE EXTENDING THE "NINTH CENT FUEL TAX" AUTIIORIZED BY FLORIDA STATUTES, CtlAFI'ER 336 AND PREVIOUSLY APPROVED BY REFERENDUM ELECTION: PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a referendum election was held March 11, 1980 at which the levy of an additional one cent I$.01) fuel tax as authorized by Florida Statutes, section 336.021, ,,','us approved by vote of the electorate, and WHEREAS, a Resolution providing for the levy of said tax was approved by the Collier County Board of County Commissioners, effective June 1, 1980: and WHEREAS, on June 3, 1980, Collier County enacted Ordinance 80-50 providing for the levy of the Ninth-Cent Fuel Tax ~,vith a 30 year expiration set forth in the referendum: and WHEREAS, on March l l. 2003, the Collier Count)' Board of County Commissioners approved by extraordinary vote the levy of the tax through the year 2025. NOW THEREFORE BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS, that: SECTION ONE: LEVY OF TilE TAX 1. The levy and imposition of a tax of the additional "Ninth Cent Fuel 'Fax" upon every gallon of motor fuel and special fuel sold in Collier County and taxed under the provisions of Chapter 206, Florida Statutes. for tile purpose of paying tile cost of transportation expenditures as described in section 336.025(7), Florida Statutes, shall hereby continue to be collected up to and including the year 2025. Upon expiration, any extension of the additional ninth cent fuel tax may be imposed as provided by law. The extension of the ninth cent fuel tax as provided herein shall be considered a reimposition of such tax from the date hereof through and including December 31, 2025. A redetermination of the method of distribution has been made as provided in F.S. § 336.025 or as otherwise provided by law. 2. Collier County shall have the option of shortening the time of collection of the "Ninth Cent Fuel Tax" by an amending ordinance. SECTION TWO: EXTENSION OF THE TAX Said extension of the tax is imposed effective January 1, 2004 up to and including the year 2025, terminating on December 31, 2025. SECTION THREE: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Thc sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changes to "section," "article," or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining pomon. SECTION FIVE: EFFECTIVE DATE A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by certified mail, postage prepaid, to the Florida Department of State. This Ordinance shall take effect when a copy has been accepted by the postal authorities of the government of the United States for special deliver.,,' by certified mail to the Florida Department of State. PASSED AND DULY adopted this __ da)' of 2003. Commissioner Tom Henning Chairman, District #3: YES __ Commissioner Donna Fiala, Vice Chair. District #1: YES __ Commissioner Jim Coletta, District #5: YES .__ Commissioner Fred W. Coyte, District # 4 YES __ Commissioner Frank Halas, District #2 YES __ NO NO NO NO NO ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENN1NG, CHAIRMAN Approved as to form and legal sufficiency: J}cque'line Hubbard Robinson Assistant County Attorney 2 EXECUTIVE SUMMARY BOARD APPROVAL OF AN ORDINANCE TO EXTEND THE ADDITIONAL SIX-CENTS LOCAL OPTION FUEL TAX. OBJECTIVE: To obtain Board approval of an Amending Ordinance for the extension of the Six- Cents Local Option Fuel Tax as provided for in Section 336.025(1)(a), Florida Statutes extending the tax up to and including the year 2025. CONSIDERATIONS: Section 336.025(1)(a), Florida Statutes, provides for the levy of up to six cents local option fuel tax upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes. Collier County extended the six cents local option fuel tax by the adoption of Ordinance No. 99-40. Section 336.025(1)(a), Florida Statutes, provides that levies of the six cents local option fuel tax may be extended by a majority vote of the governing body of the County. Such imposition needs to be extended through and including December 31, 2025. The approved Transportation Financing Plan of Action is predicated on bonding available various fuel tax revenues. The additional Six-Cents local option fuel tax initially imposed needs to be extended through and including December 31, 2025. Section 336.025(1)(a), Florida Statutes, provides that levies of the additional Six-Cents Local Option Fuel Tax may be extended by an ordinance adopted by a majority vote of the Board of County Commissioners. Collier County has adopted a Five-Year Capital Improvement Road Program to undertake needed County road projects. The Collier County Growth Management Plan and the Annual Update and Inventory Report (AUIR) are predicated on gas tax revenues, including the additional Six Cents Local Option Fuel Tax, being available to continue current and planned road improvements. Delays in undertaking specific roadway improvements due to insufficient gas tax revenues will result in increased road construction expenditures and result in a decrease in the level of service on County roadways. In order to preserve Collier County future transportation planning and support a necessary bond issue, the tax needs to be extended through the year 2025. FISCAL IMPACT: The extension of the Six-Cents Local Option Fuel Tax is expected to generate needed funds for future transportation improvements, including the issuance of any necessary bonds. GROWTH MANAGEMENT IMPACT: The additional Six Cents Local Option Fuel Tax is a principal revenue source of the Transportation Element in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Adopt the Ordinance for the extension of the additional Six-Cents Local Option Fuel Tax with an expiration date of December 31, 2025. Nor~-nfl3eder, Transportation Administrator 0 Jacq~uelin.e Hubbard Robinson Assistant County Attorney Prepared by: Reviewed by: Reviewed by: David C. Weigel, County Attorney Mike Smykowski, Budget Director DATE: ~/1'3/~: '~ DATE: 2 ORDINANCE NO. 2003- ... AN ORDINANCE PURSUANT TO SECTION 336.025, FLORIDA STATUTES, AMENDING ORDINANCE NO. 99-40, PROVIDING FOR THE EXTENSION OF THE LEVY OF TIlE SIX CENTS LOCAL offrlON FUEL TAX UP TO AND INCLUDING THE YEAR 2025 UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN COLLIER COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; PROVIDING FOR TITLE AND CITATION; PROVIDING FINDINGS AND PURPOSE; PROVIDING THE EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF LOCAL OPTION FUEL TAX AND DURATION; PROVIDING FOR COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEL TAX AND PROVIDING FOR USE OF LOCAL OPTION FUEL TAX REVENUES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 336.025(1)(a), Florida Statutes, provides for the levy of up to six cents local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county land taxed under the provisions of Chapter 206. Florida Stanaes; and WHEREAS, Collier County extended the six cents local option fuel tax by the adoption of Ordinance No. 99-40; known as "Collier County Six Cents Local Option Gas Tax Ordinance;" and WHEREAS, Section 336.025(i)(a), Florida Statutes. provides that levies of the six cents local option fuel tax may be extended by a majority vote of the governing body of the County; and WHEREAS, such tax levied pursuant to Section 336.025, Florida Statues, may be extended by adoption of an ordinance on a majority vote of the governing body of the county; and WHEREAS, Collier County has adopted a Five Year Capital Improvement Program for Roads to undertake needed County arterial and collector road projects; and WHEREAS, the approved Transportation Financing Plan of Action is predicated on bonding available various fuel tax revenues. WHEREAS, delays in undertaking specific roadway improvements outlined in the Capital Improvement Program due to insufficient fuel tax revenues will result in increased road construction expefiditures and result in decrease in the level of road service on County arterial and collector roadways; and WHEREAS, it is determined by the Board of County Commissioners of Collier County that the extension of the levy of the Six Cents Local Option Fuel Tax upon every gallon of motor Words underlined_ are added; words -~':'.:zl: :Src,~:gh are deleted. fuel and diesel fucl sold in Collier County is necessary to tin-,ncc construction of transportation facilities, and repair and maintenance of transportation facilities, all of which are necessary to promote thc public hcalth, safcty, and wclfarc of thc citizcns of and visitors to Collicr County, Florida. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: TITLE AND CITATIONS This Ordinance shall be known and cited as the "Collier County Extension of the.. Six Cents Local Option Fuel Tax Ordinance." SECTION 2: FINDINGS AND PURPOSE It has been determined by majority vote of thc Board of County Commissioners of Collier County, Florida, that the levy of the Six Cents Local Option Fuel Tax on every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provisions of Chapter 206, Florida Statutes, is necessary to fund finance major transportation facilities and improvements and to repair and maintain existing transportation facilities. The levy of the Six Cents Local Option Fuel Tax is determined to bc necessary to promote the public health, safety, and welfare of the citizens of and visitors to Collier County, Florida. SECTION 3: EXTENSION OF THE LOCAL OPTION FUEL TAX There is hereby extended, levied and imposed the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provisions of Chapter 206, Florida Stat,res. as provided in Section 336.025(I)fa), Florida Statutes up to and including the year 2025, terminating December 31, 2025. The extension of the six cents ................. re~mposmon of ~he local option fuel tax as provided herein shall be considered a ...... s.~.~.~,;~. · · · such tax from the effective date hereof throuRh and includinR December :3 l, 2025. SECTION 4: EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF LOCAL OPTION FUEL TAX AND DURATION The Six Cents Local Option Fuel Tax shall be extended effective January 1, 2004 fcr r~ ............... .v, )':ar: to expire on .*.ugh:a: '~!, ,~n~ < December 31, 2025~ SECTION 5: COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEL TAX; USE OF LOCAL OPTION FUEL TAX REVENUES Words underlined arc added; words sl. nic-h-4-h~-ou~ are deleted. The Six Cents Local Option Fuel Tax shall be collected in the same manner as all other fuel taxes pursuant to Chapter 206, Florida Stat,res. Th.: di::~b'-'-:ic.': cF ah: ~eea~ c~:~:.~ f'.:':~ v.'!:M.': C:~!~:r Ce::.':.::,' r:~r::.e.':::.::g, a majc.~::,' ef :5: ~c.~::~a:!cn cf :k: L-.:e.T~ra:e~ area: .,.; .... ~..,.. !, ,nnr, ,~.. A re-determination of the method of distribution :.~a~! be has been mad_¢ as provided in F-S. § 336.025 or as otherwise provided by law~ The proceeds of the tax shall be distributed among Collier County and eligible municipalities based on the transportation expenditures of each for the five fiscal years preceding the year in which the tax is authorized, as a proportion of the total of such expenditures for Collier County and all municipalities within Collier County, pursuant to the provisions of Section 336.025~4), Florida Stat,res. The revenues from the Six Cents Local Option Fuel Tax shall be used for "transportation expenditures" as provided in Section 336.025, Florida Stattttes. SECTION 6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or relettercd to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 7: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 8: SUPERCEDE This Ordinance supereedes Ordinance No. g? 27, 99-40 adopted on ?.n.a:; ~, !?,.9, May 251 2003 to the extent of any conflict therewith, cfc:: ~:.~ .c.":~..!.~a.~c..~ er..*.ag:::: 2! ,c, nn SECTION 9: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. Words underlined, are added; words :::".::k :Erc:g~ are dclctcd. r'.!o. J U i'J 2 Pg._. PASSED AND DULY AD'OPTED by the Board of County Commissioners of Collier County, Florida on this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: a~qu~line Hubbard Robinson A~ssistant County Attorney H: J~cki~/G~s Ta~/O~inlncc No. ~-40 Si~ Ce~u An~mJm~n152203 Words underlined are added; words c::'::ck :hrc::gh are deleted. 4 EXECUTIVE SUMMARY BOARD APPROVAL OF AN ORDINANCE TO EXTEND THE ADDITIONAL FIVE- CENT LOCAL OPTION FUEL TAX. OBJECTIVE: To obtain Board approval of an Ordinance for the extension of the Five Cent Local Option Fuel Tax as provided for in Section 336.025(1)(b), Florida Statutes; up to and including the year 2025. CONSIDERATIONS: Section 336.025, Florida Statutes, authorizes the County to levy a Five Cent lax:al Option Fuel Tax. The Board of County Commissioners adopted Ordinance No. 93-48 on August 3, 1993, pursuant to Section 336.025(1)(b) Florida Statutes, providing for the imposition of the additional Five Cent lax:al Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes. On March 13, 2001 the Collier County Board of County Commissioners approved an extension of the levy of the tax up to the year 2024. Section 336.025(1)(b), Florida Statutes, provides that levies of the additional Five Cent Local Option Fuel Tax may be extended by an ordinance adopted by a majority vote of the Board of County Commissioners. Collier County has adopted a Five-Year Capital Improvement Road Program to undertake needed County road projects. The Collier County Growth Management Plan and the Annual Update and Inventory Report (AUIR) are predicated on gas tax revenues, including the additional Five Cent Local Option Fuel Tax, being available to continue current and planned road improvements. Delays in undertaking specific roadway improvements due to insufficient gas tax revenues will result in increased road construction expenditures and result in a decrease in the level of service on County roadways. FISCAL IMPACT: The additional Five Cent Local Option Fuel Tax is expected to generate one source of funds for transportation projects and any necessary bonding requirements needed for roadway improvements. GROWTH MANAGEMENT IMPACT: The additional Five Cent Local Option Fuel Tax is a principal revenue source of the Transportation Element in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners,: (1) Approve the Ordinance for the extension of the additional Five Cent Local Option Fuel Tax with an expiratio~late of December 31, 2025. Submitted by: / ,t~/m~"Z ~ .... N~~ Fedex', Transportation Administrator ,-..,'3 Y_ ~ ,' t~, .,\ l~vl d U ~4 ~ t~ 2.003 r,g._ / Prepared by: Reviewed by: Reviewed by: Jac~queline Hubbard Robinson Assistant County Attorney David C. Weigel, County At~mey Mike Smykowski, Budget Director DATE: DATE: DATE: A'3 E:' !?: ':', .7.j.'.,.,: No. ~ ~ JUi~ 2 ~, EO03 pg. ~ 2 ORDINANCE NO. 2003-__ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 93-48,AS AMENDED, ALSO CITED AS CODE OF LAWS AND ORDINANCES SECTION 126-28, PURSUANT TO SECTION 336.025, FLORIDA STATUTES, PROVIDING FOR TIlE EXTENSION UP TO AND INCLUDING THE YEAR 2025 OF THE FIVE CENTS OF ADDITIONAL LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN COLLIER COUNTY AND TAXED UNDER PROVISIONS OF PART 1 OF CHAPTER 206, FLORIDA STATUTES; AMENDING SECTION 126-28: {b) FINDINGS AND PURPOSE, (c} LEVY OF TAX, (d) PROVIDING EFFECI'IVE DATE OF EXTENSION OF THE IMPOSITION OF TAX, (e)(1} AND (2) USE OF REVENUES AND PROVIDING FOR COLLECTION AND DISTRIBUTION OF TAX; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature. in special session in 1993 amended Section 336.025. Florida Statutes, to provide for the levy of an Additional Local Option Fuel Tax on motor fuel; and WHEREAS, Section 336.025(1)(b), Florida Statutes. Section 126-28 of the Collier County Code of Laws and Ordinances. [Ordinance 93-48], provides for the levy of up to five cents of Additional Local Option Fuel Tax upon every gallon of motor fuel sold in Collier County. Florida. and taxed under the provisions of Part i of Chapter 206, Florida Statutes; and WHEREAS, Collier County has identified through the short-range and long-range transportation planning process that the transportation needs far exceed the projected revenue; and WHEREAS. Collier County has adopted a Five Year Capital Improvement Program for Roads to undertake needed County arterial and collector road projects; and WHEREAS, the approved Transportation Division financing plan of action is predicated on bonding available fuel tax revenues; and WHEREAS. delays in undertaking specific roadway improvements outlined in the County's Road Program will result in increased future road construction expenditures and a decrease in the level of service on County arterial and collector roadways and increased congestion; and WHEREAS, it is determined by the Board of County Commissioners of Collier County that the extension of the levy of five (5) cents of Additional Local Option Fuel Tax Words underlined are added; words gr~:~: :~:e::g,.k. are deleled. J U N 2 2003 upon every gallon of motor fuel sold in Collier County is necessary to fund construction of needed transportation facilities, and is necessary to promote the public health, safety and welfare of the citizens of and visitors to Collier County. Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECFION 126-28 Same- Additional Five-Cent Levy. (a) TITLE AND CITATION. This section shall be known and may be cited as the Collier County Additional Five Cents Local Option '~a: Fuel Tax Ordinance. (b) FINDINGS AND PURPOSE. It has been determined by at least a four-fifths vote of the board of county commissioners that the levy and its extension of the additional $0.05 local option gas fue~l tax on cvcry gallon of motor fuel sold iq the county and taxcd undcr thc provisions of F.S. ch. 206, pt. I (F.S. § 206.01 et seq.) is necessary for transportation expenditures needed to meet the requirements of the capital improvements element of the county's adopted comprehensive plan. The levy and its extension of the additional $0.05 local option gas rue_.._[ tax is determined to be necessary to promote the public health, safety and welfare of the citizens of and visitors to the county. This tax is in addition to the local option ~ fuel taxes levied pursuant to section 126-27 of the Collier County Code of Laws and Ordinances. (c) LEVY OF TAX. There is hereby established, levied, imposed, and extended, as referenced herein, the additional $0.05 local option gas fuel tax, in the amount of $0.05 per gallon, upon every gallon of motor fuel sold in the county and taxed under the provisions of F.S. ch. 206, pt. I (F.S. § 206.01 ct seq.) as provided in F.S. § 336.025. (d) EFFECTIVE DATE; DURATION. The additional $0.05 local option gas fuel tax was initially imposed effcctivc January 1, 1994, for a period or ten years and such imposition shall be extended through and including December 31, 2025. lc: a~ :~:~c.':.a! F.e~c~ c.f ::;'c~:y t-,n· ~-~ t · .rr~,:... T ........ ~ '~,'~ Upo pi ,~~, ,~., )'ear: ................ · ....... n ex ration, any extension of the additional local option gas fuel tax may be imposed as provided by law. The extension of the $0.05 local option fuel tax as provided herein shall be considered a reimposition of such tax from the date ~r :,.: ..... :-. hereof through and including Dccembcr 3 I, 2025. A redetermination of the method of distribution :~a!! be has been made as provided in F.S. § 336.025 or as otherwise provided by law. Words underlined are added: words ,:::::~: ~'~:~::g~ are d¢l¢l~d, i 2 JU~ (e) COLLECTION AND DIS'T'RIBUTION; USE. Thc additional $0.05 local option gas fuel tax shall be collected in the same manner as all other gas fuel taxes pursuant to F.S. ch. 206. The distribution of thc additional $0.05 local option gus fucl tax shall be pursuant to Section 336.025 4L~, Florida Statutes. '.hrc::g~ "- : .... ' .... ' ............. :'~' c.~e c:' :::c:': ~ '~'~ ......... r .................... ::::::.:y. The proportions shall be recalculated every 10 years based upon the transportation expenditures of the immediately preceding 5 years or as otherwise mandated by law. If an interlocai agreement is not executed pursuant to F.S. § 336.025, the proceeds of the tax shall be distributed among the county and eligible municipalities based on the transportation expendilures of each for the five fiscal years immediately preceding the year in which extension of the tax is authorized, as a proportion of the total of such expenditures for the county and all municipalities within the county, pursuant to the provisions of F.S. § 336.025. (1) The revenues from the additional $0.05 local option gas fuel tax shall be used for "transportation expenditures" as defined in section 336.025(7), Florida Statutes, needed to meet the requirements of the capital improvements element of the comprehensive plan, including new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing grach:d roads when undertaken in part to relieve or mitigate existing or potential adverse environmental impacts and other uses as provided by and defined in F.S. § 336.025, as amended from time to time or as permitted by law. (f) CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct an independent provision and such holding shall not affect the validity of the remaining portion. (g) INCLUSION IN THE CODE OF LAWS AND ORDINANCES. Words on0~rlined are added; wo~ds .::.-'.::~.: :~.--:::~ are deleted. Thc provisions of this Ordinance shall become and be made a part of thc Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or r~lettered to accomplish such, and the word "ordinance" may be changed to "section", "article', or any appropriates word. (h) EFFECTIVE'DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF CO1 .I JI:R COUNTY, FLORIDA Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form And legal sufficiency: ~cqu~eline Hubbard Robinson Assistant County Attorney 14/JackieJOas Tas/5-Cen! Ta~ Ordinance Amendmcm 52203 AG?NDA No. Z" ~ JUN 2 4 2[!a3 . Words und~rline~ are added: wcwds ~ are deleted. XEC rrIVE AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHT-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26, AS AMENDED BY ORDINANCE 93454; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILrrY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. ~)j~3~: To request the Board adopt an ordinance to repeal and replace Ordinance 82-91, as amended by Ordinance 89-26, and Ordinance 93-64, which adopted and revised the construction within the Right-of-way Standards Handbook, and to obtain Board approval to adopt a revised Construction within the Right-of-way Standards Handbook ("Handbook"). CONSIDERATION: In 1977, the County first enacted a set of standards for work within County right- of-way (ROW). The original Ordinance (77-29) was rescinded and superseded in 1982 by Ordinance 82- 91, and further revised by Ordinance 89-26 in 1989 and Ordinance 93-64 in 1993. The essence of these standards was to provide for consistency and quality of workmanship for all materials and construction activities within County right-of-way. A procedure for issuing permits for any such work was established along with standard requirements for site plans and inspections. This proposed Ordinance and the accompanying Handbook is intended to repeal and replace the 1993 Ordinance and Handbook, and thereby to provide for up-to-date methods and materials for work activities within County right-of-way. The following paragraphs enumerate the most significant changes, additions, and deletions to the 1993 Ordinance and Handbook: Revisions to Ordinance 93-64 1. The responsibility of right-of-way permit issuance and inspection (work in the ROW) has been transferred from Community Development and Environmental Services to Transportation Operations. 2. The responsibility of making any deviations to any rule has been changed from the County Engineer to the Transportation Operations Department Director. 3. Section Two: The removal of offending material has been changed from "offending material without Permit" to "offending material with or without permit." 4. Section Four: Item D has been added which requires Utility Companies to inform the residents in the vicinity of upcoming activities prior to obtaining their ROW Permits. 5. Section Nine: The penhlty for violating this ordinance has been increased from $500 to $1,000. Revisions to the Handbook 1. Addition of Directional Bore as a meth~_ JUN 2 2003 Pg. Executive Summary R~vised Right-of-Way Handbook Page 2 2. Upgrading the dates of all the guidelines and references to the latest editions. 3. Removal of Drainage chapter from Section IV (Landscape) and its incorporation into Section 11I (Design requirements) for consistency. 4. Section II, B.2., minimum depth of jack & bore has been increased from 24" to 36". 5. Section IL B.5., all open cuts on major collectors and arterials will be restored by means of flowable fill application as per detail provided in the Handbook. 6. Section II, G., inclusion of restricted lane closure hours to promote better traffic flow during peak traffic (rush) hours. Section 1II, C., all Type II Asphalt has been replaced with Type "S" Asphalt. No pavement design less than 1Va" of asphalt is acceptable for any type of construction. Commercial drives shall have a minimum of 2" of Type "S" Asphalt. Minimum thickness for concrete drives shall be6'. 8. Section Ill, D., minimum throat length remains 50' except in alleys where 30' throat length will be ~:onsidered. 9. Section ffl, F., special considerations/requirements for Immokalee have been eliminated. 10. Section Ill, F., minimum acceptable culvert size is increased from 12" in diameter to 15" in diameter. (~SCAL IMPACT: There will be no direct budgetary impact as a adoption result of the of the proposed Ordinance and Handbook; however, the County and the public in general will recognize long-term benefits of improved construction methods and materials. GROWTH MANAGEMENT IMPACT: The proposed Ordinance and Handbook will provide for more consistent and up-to-date construction methods and materials for work within the County right-of way. RECOMMENDATION: That the Board of County Commissioners adopt a new Ordinance and Right- of-way Construction Standards Handbook, which will rescind and supersede Ordinances 82-91, 89-26, and 93-64, along with the 1993 Right-of-way Construction Standards Handbook. :ow ation Operations Department Mit~l~ ~',.PE, I~ Ed Director APPROVED BY: DATE: Norman? Feder, AICP, Transportation Services Administrator / Attachments: No. ! - Ordi,flance 93-64 (indicating revisions) No. 2 - Proposed Ordinance (already approved ~r leg~~EM No._ '~ ,L~'- JUN 2003 Pg. ~ ORDINANCE NO. 2003- ~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE.NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, In 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County right-of-way, which standards were updated in 1982, 1989, and in 1993; and ~WHEREAS, it is appropriate lo further revise and up-date the right-of-way construction standards through the adoption o! a new edition of the Collier County Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. Page 1 of 7 JUN Existinq Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. Offendinq Material: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Party: Means the individual, person, firm, private or governmental entity, corporation, assodiation, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier-County. Whenever the true identity of any such responsible party remains unknown after diligent inquiry, "Responsible Party' shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTION FOUR: NOTIFICATION OF PROPERTY OWNERS: A. All utility companies shall contact the property owners within the area of proposed construction for their project at least forty-five (45) days prior to the commencement of construction and shall inform the property owners of the nature of the forthcoming construction activity and ils expected duration. This section shall apply to all new construction activity. This construction provision shall not apply to projects exempt from permit requirements under the Construction Standards Handbook. B. The notifications shall be as follows: Page 2 of 7 · 1. Installation of underground facilities: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above grade: Residents within 100 feet of the proposed utility facilities. 3. Installation of over_head facilities on poles of 45 feet or more above grade: Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve concerns of residents with proposed construction, however permits will not be denied to utility companies unless the construction does not conform with standards set out in Section F. SECTION FIVE: PERMITS, A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the Handbook. B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: 1. The precise physical location of the construction. 2. The type of facility to be constructed. 3. The method of construction to be used. 4. The expected time schedule for completion of construction. 5. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. 6. All other information required in the Handbook, 7, Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit, C, The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). D, The Collier County Transportation Operations Department may take any of the following actions on a Permit Application: 1. Approve the Permit based on the Application as submitted. ., Page 3 of 7 -2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook or the Collier County Land Development Code (LDC). Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the_ Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. E. If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice o! appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the decision of the Board shall be final. F. No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more r~strictive rule shall apply. The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County Land Development Code (LDC), unless exempt under the existinq LDC or current Florida Statutory law~ Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part o! the permit for the proposed construction. G. All work performed under any Collier County Permit shall be at the expense of the permittee and at no expense to Collier County. Page 4 of 7 H. .The Collier County Transportation OPe~ati°ns Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. SECTION SIX: REMOVAL OF OFFENDING MATERIAL_. Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any Responsible Party by certified mail, return receipt requested, or other actual notice of the obligation to remove the offending material not more than thirty (30) days after receipt of such notice. B. After expiration of the thirty (30) day grace period, Collier County may cause-any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any Responsible .Person or persons. D. After removing the offending material and after notifying any Responsible Person (by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedying the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the Responsible Person, which shall be due and payable in full with interest at the rate of eleven percent (11%) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may b~ satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the Public Records of Collier County. Page 5 of 7 JUN E. .if any Responsible Person believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board, with a copy to the County Clerk, within ten (10) working days after receipt of the notice of the expense. The Board should h~ar the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Paragraph "D", above, and the amounts of such liens should be includi~d in tax statements thereatter submitted to the owner(s) of lands subject to such liens. SECTION SEVEN: REPEAL OF ORDINANCE NOS. 82-91, 89-26 and 93-6.4.. Ordinances 82-91,89-26, and 93-64 are hereby repealed in their entirety. SECTION EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE.. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION NINE: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in Page 6 of 7 JUN the discretion of the court. Each day of violation or non-cOmpliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained.shall prevent or restrict COllier County from taking such other lawful action in any court* or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action lot injunctive relief and an action at law for damages. C. Nothing in thi~ Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. SECTION ELEVEN: EFFECTIVE DATE.. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day ol ,2003. A'I-rEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Approved as to form and legal sufficiency: ~cquf~;iine'Hubbard Robinson ~sistant County Attorney Page 7 ol 7 ~ . ;~:... ~f. ..~ ORDINANCE NO. 2003- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIG.HTS-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, In 1977, Collier County first established a set of standards to regulate 'and require consistency and quality of workmanship and materials for construction activities within County right-of-way, which standards were updated in 1982, 1989, and in 1993; and WHEREAS, it is appropriate to further revise and up-date the right-of-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-control ed public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. , For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transpodation Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. Existinq Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public r - f- Page ot ? JUN '._L '.~ .' commenced prior to the 'adoption Of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. Offendinq Material: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible l;zer, se~ Party: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible per. se~ party remains unknown after diligent inquiry, "Responsible Pcrc.3n Party" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The~,2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook') is incorporated herein by reference and is made a part hereof, and ':.'h!ch supercedes any pdor Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissio,n. ers. SECTION FOUR: NOTIFICATION OF PROPERTY OWNERS: A. All utility companies shall contact the property owners within the area of proposed construction for '" ...... -~ ' their ~., v~. .... prolect at least forty-five (45) days prior to the commencement of construction and shall inform the property owners m of the nature of the forthcominq construction activity and its expected duration. This section shall apply to all new construction activity. This construction provision shall not apply to proiects exempt from permit requirements under the Construction Standards Handbook. B. The notifications shall be as follows: 1. Installation of underqround facilities: Residents whose properties are directly adiacent to the proposed utility facilities. Page 2'of 7 JUN Installation of overhead facilities on poles less than 45 feel above .qrade: Residents within 100 feet of the proposed utility facilities. Installation of overhead facilities on poles of 45 feet or more abovo .qrade: Residents within 300 feet of the proposed utility facilities, Utility companies will make their best efforts to resolve concerns of residents with proposed construction, however permits will not be denied to utility companies unles~ the construction does not conform with standards set out in Section F. SECTION FOUR-FIVE: PERMITS. A.. It shall be unlawful for any Responsible Pcr=cr, Party to dig, excavate, obstruct, or.place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County Within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified h~erein or in the Har~dbook. B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, but ncr .".cc~=~r!!y bc !!re!tod to, the following information: 2. 3. 4. 5. o The precise physical location of the construction. The type of facility to be constructed· The method of construction to be. used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. All Any other information required in the Handbook. ' Any Aadditional information as may reasonably be required by Collier County due lc bccc,~ucc cf unique conditions c!mum~t~ncc: of the project, or the permit requested, For example, a lane closure permit differs siqnificantly from an overweiqht or oversize permit. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). D. The Collier County Transportation Operations Department may take any of the I following actions on a Permit Application: Approve the Permit based on the Application as submitted. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook =,-.~or the Collier County Land Development Code (LDC). Issu'~ a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. F.~E. If the Collier County Transportation Operations Department denies the issuance of.such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal Within ninety (90) days from the date of the wdtten notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the decision of the Board s, hall be final. G~.F. No permit shall be issued unless the proposed construction cor~forms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FD.OT) Standard Specifications for Road ar~ Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. The most current FDOT Manual of Uniform Minimum 'Standards for Design, Construction and Maintena.nce for Streets and Highways. Collier County Land Development Code (LDC), unless exempt under the existinq LDC or current Florida Statutory law. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed contra' ' JUN" I~.G. All work performed under any Collier County Permit shall be at the I I expense of the permittee and at no expense to C~)llier County. LH. The Collier County Transportation Operations Department may suspend J I or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly cor~plied with, or when deemed essential by Collier County to protect the physical safety of the public· SECTION ,r4V~ SIX: REMOVAL OF OFFENDING MATERIAl. Offending material is a public nuisance and is subject to removal by Collier County as follows: A.. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any Responsible Party ~ by certified mail, return I I receipt requested, or other 'actual notice of the obligation to remove the offending material not more than thirty (30) days after receipt of such notice. B. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable4'nanner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any Responsible Person or persons. D. After removing~he offending material and after notifying any Responsible Person (by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedying the condition ~nd thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the Responsible Person, which shall be due and payable in full with interest at the rate of eleven percent (11%) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the Office of the Clerk of the Circu~ ~d~/; % · and shall be recorded in the Public Records of Collier County. o, ? JUN 2 4 2003 E. If any Responsible Person believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board, with a copy to the County Clerk, within ten (10) working days after receipt of the notice of the expense. Th~ Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F, The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Paragraph "D", above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s) of lands subject to such liens. SECTION.S!X SEVEN: REPEAL OF ORDINANCE NOS. 82-91, 89-26 and 93-64. Ordinances 82-91,89-26, and 93-64 are hereby repealed in their entirety. SECTION SEVE~! EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corPoration shall also apply. SECTION.~ ..... NINE. CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or appl cable~grdinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION ...... TEN. PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction, thereof shall be punished by a fine not to exceed one thousand dollars ($1,00~).~0)ir~_.... the discretion of the court. Each day of violation or non-compliance may b3 s ie a3 as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restdct Collier County from taking such other lawfuraction in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. .SECTION TEN ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ATTEST: DWIGHT E. BROCK, Clerk By: Approved as to form and legal sufficiency: ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER' COUNTY, FLORIDA By: TOM HENNING, Chairman Jacqueline Hubbard Robinson Assistant County Attorney Page 7 of 7 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To declare a vacancy on the Hispanic Affairs Advisory Board and to direct staffto issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, reco?b~n_.o; however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and ~ for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairnmn, the Board chairman shah state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board membegs failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member ora Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. AttachEd is a memorandum from the County Attorney's Office advising that Ms. Alina Prio Portuondo has been absent for numerous meetings and they have not been able to communicate with her. The Hispanic Affairs Advisory Board voted unanimously to request that the Board of County Commissioners declare a vacancy on the committee,and direct staffto advertise to fill the vacancy. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: Tba_t the Board of County Commissioners consider the recommendation to declare a vacancy on the Hispanic Affairs Advisory Board and direct staffto issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: JUNE 24, 2003 AGENDA_iTEM JUN pg._ OFFICE OF THE CO UNTYATTORNEY....: , . INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Sue~ve Manager-BCC Ramiro Mafialich, Chief Assistant County Attorney June 2, 2003 Vacancy on the Hispanic Affairs Advisory Board (HAAB) This is to inform you that, at the May 22, 2003 HAAB meeting, the Board voted unanimously to report a vacancy on the HAAB. This vacancy is for the position currently held by member Alina Portuondo. This report is made in accordance with Section 2-929Co), Collier County Code of Laws and Ordinances. Specifically, member Portuondo has been absent from numerous meetings during the 2003 meeting cycle of the HAAB. Enclosed please find a copy of recent correspondence to member Portuondo alerting her to this problem. We have not been able to communicate with member Portuondo despite numerous attempts to do so. Please take whatever steps that are necessary to have this vacancy filled by the Board of County Commissioners. Thank you for your assistance in this matter. CC-' David C. Weigel, County Attorney HAAB Members' H/RM/MF2vlOS 2003-Sue Hlr~on COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY L~01 Tamiami Tral East 4aples. Florida 34112-49O2 telephone: (239) 774-8400 :AX: (239) 774-0225 May 6, 2003 Ms. Alina Prio Portuondo 2912 Kings Lake Boulevard Naples, FL 34112 Re: Collier County Hispanic Affairs Advisory Board (HAAB) Dear Alina: Hei~ F. Ashten Jennifer A. I~pedio Ellen T. Chadweli Ramiro Matta~ich William E. Mounfford Thomas C. Palmer Michael W. Peffit Jacqueline Hubbard Robinson Marjorie M. Student Patric~ G. White Robert N. Zachary As Liaison to the HAAB, I am writing this letter out of concern for your recent absences from the HAAB meetings. I hope that all is well with you. Please contact me when you receive this letter so that I can inform the HAAB, at its next regular meeting, of your future participation on the Board. As Liaison, I sincerely hope that you can continue as a member. However, I also understand if there may be circumstances that may prevent you from continuing to serve (~fi-the board. Regardless, I need to inform the HAAB and the Commission office in regard to your status. Thank you for your attention to my letter and I look forward to speaking with you. Sincerely, Ramiro Mafialich, Chief Assistant County Attorney and HAAB Staff Liaison R~/~mw cc: HAAB Members David C. Weigel, County Attorney Sue Filson~ Executive Manager-BCC 515/03 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVIOSRY BOARD OBJECTIVE: To re-appoint 2 members to serve 4 year terms, expiring on June 26, 2007, on the Hispanic Affairs Advisory Board. CONSIDERATIONS: The Hispanic Affairs Advisory Committee has 3 terms expiring on Sune 25, 2003. This 9-member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terrm are 4 years. A list of the current membership is included in the backup. The terms for Sofia Pagan, Chrlos Aviles, and Frank (3. Loney will expire on June 25, 2003. A press release was issued and resumes were received fi.om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sofia Pa~an-Re-Appt [N/a I4 I Yes [HAAB Carlos Aviles-Re-Appt] N/a [ 5 [ Yes [ HAAB COMMITTEE RECOMMENDATION: Sofia Pagan Carlos Aviles FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 24, 2003 AC~NDA I'i'~M NO. JUN 2 ~ 2003 pg. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Sue~tive Manager-BCC Rarr~ro Maflalich, Chief Assistant County Attorney June 2, 2003 Hispanic Affairs Advisory Board (HAAB) Recommendation Regarding Applicants for HAAB Vacancies This is to inform you that, at the May 22, 2003 meeting of the HAAB, the HAAB voted unanimously to recommend Carlos Aviles and Sofia Pagan to serve additional terms on the HAAB. On behalf of the HAAB, thank you for the opportunity to comment on this matter. Respectfully submitted. CC: David C. Weigel, County Attorney HAAB Members H/RM/MEMOS 2003-Sue l=ilsoo -6-2-03(2) NO. "'/D J L!N ~ ,'~ 2003 Pg. Hispanic Affairs Advisory Board Nalne Worl~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF-.x2~Date 2nd Term Ms. Sofia Pagan ~ Oo~,~,t~ ~. n~.- J --'..: ~-"~ 417-5107 Naples, FL ~4113 ~ ~~ ~'~ ~1~o~ Distil: ~ 3qte ~ Category: ~ 732-7800 11114100 06/25/03 2.5 Years Mr. Carlos Aviles 713 North 9th Street Immokalee, FL 34142 District: 5 Category: Mr. Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: 657-4493 09/25/01 06/25/03 1.9 Years 279-8372 Mr. David Correa 9720 Vanderbilt Drive Naples, FL 34108 District: 2 Category: 08/01/95 06/25/99 4 Years 06/22/99 06/25/03 4 Years 417-6340 06/06/95 06/25/98 3 Years 06/11/02 06~25/06 4 Years Mr. Robert J. Pina 5501 Rattlesnake Hammock, Apt. 113 821-5433 Naples, FL 34113 District: 1 Category: 11/14/00 06/25/02 1.5 Years 06/1 !/02 06/25/06 4 Years 01/08~02 06/25/05 3 Years 732-9558 Ms. Lourdes Ramann 16 Maui Circle Naples, FL 34112 District: ! Category: IFednexday, JanuaO' 15. 2003 Page 1 of 2 pg. ..~ Hispanic Affairs Advisory Board Ms. Susan Calkins 740 High Pines Drive Naples, FL 34103 District: 4 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 434-8095 05/22/01 06/25/05 4 Years Ms. Alina Prio Portuondo 2253 Arbour Walk Circle//5 i 6 Naples, FL 34109 District: 2 Category: 775-1221 03/26/02 06/25/05 3 Years 596-8771 Ms. Teresa Marie Nelson 1150 Reserve Way, Apt. 302 Naples, FL 34105 District: 3 Category: 774-8875 0!/14/03 06/25/05 3 Years 434-2969 This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to identify and evaluate prol:~ems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terms are 4 years. FL STAT Staff: Ramiro Manalich, Chief Assistant Attorney: 774-8400 R~edne~da); Janua~. 15, 2003 Page 2 of 2 AGENDA ITEM 2003 MEMORANDUM DATE: May 9, 2003 TO: FROM: Elections Office · Sue Filson, Executive Manager Board of County Commissioners)Ca Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Carlos Aviles 713 North 9t~ Street ~ Immokalee, FL 34142 Sofia Pagan 3051 Horizon Lane, No. 1805 Naples, FL 34109 Thank you for your help. · t::L.:EI VEE;' · JUN 2 l) 2003 MEMORANDUM DATE: TO: FROM: May 9, 2003 Ramiro Mafialic~ Chief Assistant County Attorney Sue Filson, Executive Manage~, Board of County Commission~. Hispanic ~ Advisory Board As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Carlos Aviles 713 North 9* Street Immokalee, FL 34142 Sofia Pagan 3051 Horizon Lane, No. 1805 Naples, FL 34109 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive smmnm'y 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 attemion to this matter. SF Attachments pg. 6 .. Carlos Aviles 713 North 9t~ St. Immokalee, FL 34142 April 29, 2003 Mrs. Sue Filson, Executive Manager to BCC 3301 Tamiami Trail East Naples, FL 34112 Dear Mrs. Filson: The accompanying resume serves as my minimum qualifications to continue serving on the Hispanic Affairs Advisory Board. As a member of the board, and current chairman, I would like to continue assisting with the board's efforts to achieve the goals and objectives that the BCC approved for this coming year. I welcome anyone to discuss how my ideas will address the current issues affecting Hispanics in Collier County. For further questions, I can be reached at 253-3578 or 6574493. Respectfully submitted, Carlos Aviles CARLOS AVILES CIVILIAN EDUCATION · 2002-present International College Naples, FL · 2001-2002 · 2002 M.S, Public Administration (candidate) International College B.S, Management/Public Administration Graduated Magna Cum Laude University of Florida-Collier Extension Certificate, Learn to Lead Naples, FL Immokalee, FL LAW ENFORCEMENT TRAINING · Diploma, Law Enforcement Officer's Training, SWFL Criminal Justice Academy, Ft. Myers, FL 1999 Diploma, Correction Officer's Training, SWFL Criminal Justice Academy, Ft. Myers, FL 1997 Certificates from SWFL Criminal Justice Academy: Domestic Crisis Intervention, Radar and Laser Detection, Narcotic ID and Investigation, Field Training Officer, Injury and Death Investigation, Middle Management, and Police Line Supervision Certificate, Responding to Terrorism, University of Texas 2002 Certificate, Terrorism Awareness for Emergency First Responders, US Department of Justice 2002 Certificates from The Emergency Management Institute: Emergency Preparedness USA and The Professional in Emergency Management 2002 Certificate, Emergency Response to Terrorism, National Fire Academy 2002 MILITARY TRAINING · Diploma, Combat Live Saver's Course, U.S A~aiy, Ft. Jackson, SC 1996 · Diploma, Instructor's Training Course, U.S Army, Ft. Jackson, SC 1995 · Diploma, Primary Leadership Development Course, U.S Army, Ft. Bliss, TX 1993 · Diploma, Basic Noncommissioned Officer's Course, U.S Army, Eastover, SC 1999 · Diploma, Nuclear, Biological, and Chemical Course, U.S Army, Ft. Bliss, TX 1993 · Certificate, Night Vision Instructor/Driver Training, U.S Army, Camp Blanding, FL 1999 AGENDA ITEM pg. EXPERIENCE 1997-Present Collier County Sheriff's Office Road Patrol Deputy/Drill Instructor Naples, FL · Road Patrol Deputy- assigned as a law ~nforcement officer to combat crime ia Collier County; build partnerships with the community to establish strategies that will reduce opportunities for crime and to make our county a safer place to live and work. 1. Awarded the Gallantry Star for locating and an'esting murder suspect fi-om Broward County 2. Awarded a Letter of Commendation for locating and arresting a murder suspect fi-om North Carolina's 10 Most Wanted List · Drill Instructor- assigned to our agency's DRILL Academy as a Drill Instructor to work with male juvenile crime offenders in both residential and aftercare programs 1. Organized and implemented a Bike for Tykes program 2. Awarded the Unit Citation for high ratings on the annual QA inspection 3. Awarded a Certificate of Appreciation fi-om the Department of Juvenile Justice for contributing to an escape free facility at our DRILL Academy 1997-Present Florida Army National Guard Camp Blanding, FL Officer Candidate/Platoon Sergeant · Officer Candidate-currently attendinl~ the Florida National Guard's Officer Candidate School and will graduate in August 2003 · Platoon Sergeant-supervised twenty-five soldiers with the unit's vehicle maintenance program consisting of fifty vehicles. 1. Coordinated the Battalion's Night Vision Driving Program 2. Coordinated the Battalion's Driver Licensing Issuing and Trainin~ Program 1990-i997 U.S Army Ft. Jackson, SC/Ft. Bliss, TX/Korea Instructor/Project Coordinator · Instructor at the U.S Army's Light and Heavy Vehicle Recovery Course; instructed soldiers on the concepts and Principles of various methods of vehicle recovery · Post Coordinator- served as Fort Jackson's post coordinator for the United Way's annual fund raising campaign; coordinated and supervised unit representatives, and raised over 1.5 million dollars in contributions 1. Awarded three Army Achievement Medals, One Army Commendation Medal, One Good Conduct Medal, and Six Certificates of Achievement. 2. Selected as Brigade's and Battalion's Noncommission Officer of the Quarter MEMBERSHIPS/ASSOCIATIONS · Pt~sident- Immokalee jaycccs, Chairman- Collier County's Hispanic Affairs Advisory Board Past Board Member- Collier County's Pathway Advisory Committee, Member- Immokalec's Civic Association AGEND~ITJ~M JUN 2 2003 pg. c} FP, X N0. :23cJT~-?~15 ,~ f~. :~ 299~ 12::~PM P2 ~. ~303 ...,,,...,udmsa======,,--- - APR 2 8 2003 i~oa)",~ o'! ~ou tj: (:ommissioner$ EXECUTIVE SUMMARY APPDINTME~ OF MEMBER(S) TO THE LAKE TRAFFORD RESTORATION TASK FORCE OBJECTIVE: To confirm the appointment of 1 member representing the Florida Fish and Wildlife Conservation Commission (FWC) on the Lake Trafford Restoration Task Force. The term will expire on April 23, 2006. CONSIDERATIONS,: This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staffwho will initiate activities to demuck and restore Lake Trafford. Resolution No. 97-250 - extending terms for 1 year to May 7, 1998; Resolution No. 98-118 - extending terms for 1 year to May 7, 1999; Resolution No. 99-239 - extending terms for I year to May 7, 2000. On 4/23/02 the Board adopted Ordinance 2002-18 establishing this task force as a 13 member permanent committee. Terms are 4 years. A list of the current membership is included in the backup. Frank Morello is retiring from FWC and is requesting that Jon Fury be confu'med as FWC's representative on the Lake Trafford Restoration Task Force. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION.: That the Board of County Commissioners confirm the appointment of the representative of FWC and direct the County Attorney to prepare a resolution eonfuming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 24, 2003 AGEND&ITEM J UFI 2 ~ 2003 Lake Trafford Restoration Task Force Work Phone Appt'd Exp. Date Term Name Home Pho, e DateRe-appt 2ndExpDate 2nd Term Dr. Eric Flaig 658-3400 05/20/97 05~07/98 1 Year 4/23102 04/23/06 4 Years 2688 State Road 29 North Immokalee, FL 34142 E-Maik eflaig~sfwmd.gov District: Category: South Florida Water Management District Mr. Ed Carlson 657-9472 05/07196 05/07/97 4/23/02 04/23/06 375 Sanctuary Road Naples, FL 34120 E-Maih District: Category: National Audubon Society Mr. Gene Hearn 6515 Pepper Road Immokalee, FL 34142 E-Mail: District: Category: Rex Properties I Year 4 Years 657-6517 05/07/96 05/07/97 1 Year 4/23/02 04/23/06 4 Years 332-6975 05/07/96 05/07/97 I Year 4/23/02 04/23/06 4 Years Mr. John M. lglehart · 2295 Victoria Avenue Ft. Myers, FL 33901 E-Maih inglehart~f~ml.dep.state.fl.us District: Category: Department of Environmental Protection 625-5122 05/07/96 05/07/97 I Year 4/23/02 04/23/06 4 Years Mr. Frank Morello 8,535 N. Lake Boulevard West Palm Beach, FL 33412 E-Maih fxank.morello~fUe,.state.fl.us District: Category: Florida Fish and Wildlife Conservation Commission IVednesday, June 04, 2003 Page I of 4 AGENDA ITEM ] UN 2 :~ 2003 Lake Trafford Restoration Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Edward Olesky 6001 Lake Trafford Road lmmokalee, FL 34142 E-Maih laketrafford~earthlink.net District: Category: Lake Trafford Marine, Inc. 657-2401 06/20/97 05107/98 I Year 4/23/02 04/23/06 4 Years Mr. Clarence Tears 597-1505 6167 Janes Lane Naples, FL 34109 E-Mail: District: Category: South Florida Water Management District Ms. Pam Brown P.O. Box 5155 Immokalee, FL 34142 E-Mail: District: Category: Interested Citizen 657-1752 Mr. Miles "Rocky" Scofield 3584-B Exchange Avenue Naples, FL 34104 E-Maih ttuna3584~ao l.com District: Category: Scofield Marine Consulting 643-1900 Ms. Nicole Ryan 1450 Men'[hue Drive Naples, FL 34102 E-Mall: nicoler~conservancy.org District: 1 Category: The Conservancy 262-0304 05/20/97 05/07/98 I Year 4/23/02 04/23/06 4 Years 05/05/98 05/07/99 I Year 4/23/02 04/23/06 4 Years 05/07/96 05/07/97 1 Year 4/23/02 04/23/06 4 Years 09/12/00 I Year 4/23/02 04/23/06 4 Years It"ednesda)', June 04, 2003 Page 2 of 4 AGENDA ITEM NO. c/C., JUN 2 ~ 2003 pg. :~ Lake Trafford Restoration Task Force Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 05/07/96 05/07/97 4/23/02 04/23/06 Ms. Jackie Smith 791-4720 311 I-B 13 Fortune Way Wellington, FL 33414 E-Mail: smithj I ~mail. state.fl.us District: Category: Department of Environmental Protection Mr. Fred N. Thomas, Jr. 657-3649 c/o 1800 Farm Worker Way · Immokalee, FL 34142 E-Mail: fntjr~aol.com District: Category: Collier County Housing Authority Mr. Jim Coletta 3301 East Tamiami Trail Naples, FL 34112 E-Mail: jimcoletta~colliergov.net District: 5 Category: County Commissioner, District 5 Term 2nd Term I Year 4 Years 05/07/96 05/07/97 I Year 4/23/02 04/23/06 4 Years 774-8097 11/14/00 06/26/04 4 Years It,'ednesday, June 04, 2003 Page 3 of 4 AGENDA ITEM JUI~ 2 ~ 2003 Pg. ~ L Lake Trafford Restoration Task Force Work Phone ,4ppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2.d Term This 14 member task fome was established for a 1 year period on May 7, 1996, by Resolution No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners to the appropriate staff who will initiate activities to demuck and restore Lake Trafford. Resolution No. 97-250 - extending temps for I year to May 7, 1998; Resolution No. 98-118 - extending terms for 1 year to May 7, 1999; Resolution No. 99-239 - extending terms for I year to May 7, 2000. On 4/23/02 the Board adopted Ordinance 2002-18 establishing this task force as a 13 member permanent committee. Terms are 4 years. FL STAT Staff: Ron Hovell, PUED, Coastal Projects Manager. 530-5342 IITednesday, June 04, 2003 Page 4 of 4 AGENDA ITEM JUN' 2 :~ 2003 mm FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION EDWIN P. ROBERTS, DC RODNEY BARR~O SANDRA T. KAUPE H.A. ~lCY' HUJ~MAN g]~INETH D. HADDAD. Execudw ~ ~CTOR J. H~ ! ~rg~ Assistant Execudve Director Pensacola DAVID lC. Mlr~3-1AN St. Petersburg Miami Palm Beach JOHN D. ROOD J,,ckson~llle May 29, 2003 Tom Hcnning, Chairman Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Enterprise RICHARD A. COlUi~r£ Tampa SOUTH REGION MARK RO~SON. REGIONAL DI~.,CTOR ,.. +~ Commi:$ioners Dear Chairman Hcnning: The Collier County Board of CommisSioners appointed me (1996) to the Lake Trafford Advisory Task Force. I have maintained that duty as part of my responsibilities as an employee of the Florida Fish and Wildlife Conservation Commission (FWC). Although I will be soon retiring from FWC, I wish to remain a member of the Task Force as a concerned citizen dedicated to serving the restoration of Lake Trafford. I am also requesting that Jon Fury from this office be added to the Task Force as the new official representative of FWC. Thank you for your consideration as well as the opportunity to be involved in saving one of Collier County's natural resource treasures. Sincerely, Frank Morello Biological Administrator II Fisheries Management cc: Clarence Tears Jon Fury 853S Northlake Boulevard, West Pa~n B~ach, FL 33412 (561)625-S122 FAX (561)625-5129 wwwJIoridaconservadon.org AGENDA I'I~M JUN 2 !t 20O3 EXECUTXVI~ SUMMARY A RESOLUTION TO ESTABLISH THE FI.RE AND EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE. OB3ECTZVE: That the Board of County Commissioners consider the adoption of a resolution to establish the Fire and Emergency Medical Services Advisory Committee. CONSIDERATIONS: The Board of County Commissioners has expressed a desire to create an ad hoc advisory committee to establish a forum for discussion among the dependent and independent fire districts and Emergency Medical Services, and to identify the future needs of the County's fire districts and Emergency Medical Services. The Fire and Emergency Medical Services Committee is to be composed of a representative recommended by each fire district and appointed by the Board of County Commissioners. The Board of County Commissioners shall elect a County Commissioner as the Chair of this Committee. In accordance with Collier County Ordinance No. 2001-55, the term of this Committee will not exceed 3 years, unless the Board of County Commissioners extends the committee's term. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution establishing the Fire and Emergency Medical Services Advisory Committee, and authorize the Chairman to execute the Resolution. Approved by: . JIM MUDD / County Manager Date: RESOLU'I'ZON NO. 2003- A RESOLUTZON OF THE BOARD OF COUNTY COMM]SS[ONERS TO ESTABLZSH THE FZRE AND EMERGENCY MEDZCAL SERVZCES ADVISORY COMMZTTEE; PROVIDING FOR CREATION AND PURPOSE; PROVZD[NG FOR TERMS OF OFFZCE~ APPOZNTMENT OF MEMBERS~ DESZGNATZON OF A LZAZSON, AND FA[LURE TO ATTEND MEETZNGS; PROVIDING FOR OFF[CERS~ C~UORUM AND COMPENSA'I'~ON; PROVZDZNG FUNCTIONS POWERS AND DUTZES; AND PROVZDZNG FOR DZSSOLUTZON OF THE COMMZI'i'EE. WHEREAS, the Board of County Commissioners has expressed a desire to create a Fire and Emergency Medical Services Advisory Committee to provide coordination between the County, the County's dependent and independent fire districts, and Emergency Medical Services to effectively plan for the future needs of County residents. NOW, THEREFORE, BE 1-1' RESOLVED BY THE BOARD OF COUNTY COMMZSSIONERS OF COLLIER COUNTY, FLORIDA, that: SEC'TI:ON ONE: Creation and Purpose of the Fire and Emergency Medical Services Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 2001-55, the Board of County Commissioners hereby establishes the Fire and Emergency Medical Services Advisory Committee (the "Committee") to assist the County's fire districts, both dependent and independent, and Emergency Medical Services in the implementation of a p~an for greater efficiency and services to meet the future needs of residents of Collier County. SECTZON TWO: Terms of Office; Appointment of Members; and Failure to Attend Meetings. The Committee is hereby created as an ad hoc Committee for a period to expire three years from the date of this Resolution. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55 or its successor ordinance, and shall serve the full three-year term under the ordinance. The Committee members shall consist of one County Commissioner and one selected representative from the elected body of each fire district. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. The members shall serve at the pleasure of the Board of County Commissioners. If an appointed representative is not able to attend the meetings in accordance with the provisions of this Resolution, the affected fire district shall recommend to the Board of County Commissioners a replacement representative. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared v??nt by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55, as amended or its successor ordinance. ' (~' SECTION THREE: Officers; Quorum; and Compensation. The Board of County Commissioners shall elect a County Commission member to act as the Chair of this Committee. Upon Board of County Commissioners approval, the Chair may serve in an on-going capacity. The remaining officers of the Committee shall be elected by the membership of the Committee and shall include a Vice-Chair and a Secretary. The presence of a majodty of the voting members shall constitute a quorum. The Committee shall adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be: A. To provide a forum for discussion of ideas and to further implement the goals of the fire districts and Emergency Hedical Services. B. To guide the fire districts and Emergency Medical Services to work in a more cohesive manner. C. To periodically inform the County Commission regarding ongoing issues and activities of the fire districts as well as Emergency Medical Services. D. To make recommendations to the Board of County Commissioners in order to assist the fire districts and Emergency Medical Services with meeting their future needs. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held al~er reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: Dissolution of Committee. At the conclusion of three (3) years from the date of this Resolution, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. This Resolution adopted atter motion, second and majority vote. DATED: ATrEST: BOARD Of COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: b~id C, Weigel .... County Attorney By: TOM HENNING, Chairman EXEC .UTIVE SUMMARY .4~PPO MENT OF MEMBER(S) TO THE COLLIER COUNTY REVENUE COMMISSION OBJECTIVE: To appoint 1 member representing the Airport Authority to serve on the Revenue Commission with the term expiring 18 months alter the first meeting immediately subsequent to the appointment of members. CONSIDERATI.QN__S.S: The Revenue Commission was established on March 11, 2003, by Resolution 2003-1 ~ 8, as an ad hoc advisory body to identify the infrastructure requirements, governmental service and community needs of Collier County and will explore both private and public revenue sources to meet these needs. They will submit written findings and recommendations annually to the Board of County Commissioners. The terms will expire 18 months after the first meeting immediately subsequent to appointment of members. Letters were sent to each of the 19 organizations listed in the resolution requesting applications for the representative nominated to serve as a member of the Revenue Commission. ORGANIZATION APPLICANT ELECTOR ADV. COMM., ~_ Airport Authority ~ James Peterka ~ort Authority FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners conf'u'm the appointment of the Airport Authority representative and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 24, 2003 COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 (941) 642-7878 Fax (941) 394-3515 www. collierairports.com June 13, 2003 The Honorable Tom Henning, Chairman Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34l 12 RE: Revenue Commission Dear Commissioner Henning: At the June 9, 2003 Airport Authority Board meeting Mr. James Peterka was nominated to represent the Authority on the Revenue Commission Advisory Board. He has accepted the nomination and I am forwarding you his .application. If you have any questions or need additional information, please contact me at 254-7744. Sincerely, Chairman Enclosure: CC: Gene Schmidt Sue Filson H 6-13-03 HenningWestRevenueCommission Marco island Executive Airport 2003 Mainsail Drive Naples, FL 34114 {941) 394-3355 (941) 394-3515 Fax AOENDA ri'EM NO. q~ pg. .2_ [] Immokalee Regional Airport [] Everg~adesAirparK 165 Airport Boulevard PC). Box 689 tmmokalee, FL 34142 650 E.C. AirDark Road (941) 657-9003 Everglades City, FL 34139 (941) 657-9191 Fax (941) 695-2778 {941~ 695-3558 Fax Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: James A. Pet~ka Home Phone: (239) 389-4262 Home Address: 1101 Edington Place; Marco Island, FL Zip Code: 34145 Fax No. (239) 389-4262 Business Phone: (239) 7684486 e-mail address: iimpeterka/~,vcmails.com Business: Senior Facilities Manager at the Southwest Florida International Airport, Ft Myers, FL Board or Commltt~ Applied for: Revenue Commission Category (ff applicable) :_Airport Authority Example: Commkmion District, Developer, ~ lay persoa, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, what is that office? No X Do you now serve, or have you ever served, on a Collier Coun'ty board or c~mmit~ge? Yes X No If yes, please list the committees/boards Airport Authority and Marco Island Beach Advisory Committee Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Graduate of the inaugural class of the Marco Island Leadership pro,am. Prior to relocating to Collier Count-v, served as Presidem and Treasurer of my Condominium Association, and as a board member of Chesapeake Neighbors, a local, non-profit organization supporting the developmentally disabled. Member of the Marco Island Chamber of Commerce and Beach Advisory Committee Education: _MBA, Golden Gate Universitw, San Francisco, CA, 1977 BA, Golden Gate University, San Francisco, CA, Snmma Cttm Laude, 1975 Experience: Forty plus years of progressively increasing responsibili _ty in key management and operations positions in the aviation field. Managed annual operating budgets in excess of $2 billion with numerous buildinL~n' infrnstructllre, personnel and service contract requirements. Member of the Florida Airports Council, the Ammcan Association of Airport Executives and numerous other professional and social orE. anizations. Have 5,000 hours flying time and a commercial pilot's license with instrument rating. Please see attached resume for specific positions and responsibilities. JAMES A. PETERKA 1101 Edington Place Marco Island, Florida 34145 Work (239) 768 4486 Home (239) 3894262 OBJECTIVE A position on the Collier County Revenue Commission. EDUCATION MBA, Golden Gate University - 1977 BA, Golden Gate University, Summa cum Laude - 1975 S UMMAR Y Forty plus years of progressively increasing responsibility in key management and operations positions in the aviation field, including documented successes managing organizations in excess of 500 personnel and budgets of $2 billion annually. Comprehensive airport experience, especially in airport facilities construction, improvements, equipment, development, regulation, operation and maintenance. EXPERIENCE 1997 - Present: SENIOR FACILITIES MANAGER, Southwest Florida International Airport. Directly responsible for all planning, programming, budgeting and management of the Airport Facilities. program, to include maintenance, upkeep and repair of all structures, vehicles, equipment, landscaping and grounds. Responsible for design review, recommendations and final inspection of all in-house and contractual construction to include federal, state, county and airport code and ordinance requirements. Member of numerous working groups active in the design of the Airport's new Midfield Passenger Terminal, parking garage and other outbuildings. 1990 ,- 1997: ASSISTANT DIRECTOR OF MAINTENANCE, Maryland Aviation Administration, Baltimore/Washington International (BWI) Airport, Maryland. Directly responsible for the preparation and control of an annual $23 million operating budget, including service contracts valued at $11.1 million and overall airport facility housekeeping, maintenance and repair of 56 structures, to include a l million square foot terminal complex. Responsible for review, recommendations and final inspection of all airport construction projects to insure all relevant code and aesthetic considerations were included. Assisted the Director in the management of a 170 vehicle fleet, a staff of 140 personnel, 15 miles of runways and taxiways and 600 acres of aircraft parking ramp. 1985 1990: DEPUTY DIRECTOR OF MAINTENANCE, Dover, DE. Generated, implemented and executed annual operating budgets of $26 million, and planned and prioritized capital expenditures averaging $18 million per year for 29 large facilities, runways and taxiways. Directed all personnel planning to include recruitment, training, and qualific~ fion/~ ~ffil~."" ~ q James A. Peterka Page Two 1982 - 1985: PROPULSION MANAGEMENT DIVISION DIRECTOR, San Antonio, TX. Planned and executed annual operating budgets in excess of $2 billion. Directed over 400 engineering and technical personnel in the determination of spare parts requirements, distribution, depot maintenance programs, and technical and engineering management. Directly responsible for worldwide logistics support for 90,000 aircraft and ground support engines valued in excess of $5.25 billion. 1981 - 1982: TRANSPORT SYSTEMS PROGRAM MANAGER, San Antonio, TX. Directed the efforts of 55 people, and developed and executed an annual operating budget in excess of $60 million. Responsible for worldwide logistical support, including supply, maintenance, transportation, procurement and production of 202 aircraft. 1979 - 1981: MAINTENANCE UNIT DIRECTOR, Fairfield, CA. Directed the activities of over 500 people, and developed and executed an annual operating budget in excess of $5 million. Responsible for all maintenance activities performed on 36 home based aircraft and 650 transient aircraft per month. 1977 - 1979: FLYING UNIT OPERATIONS DIRECTOR, Fairfield, CA. Responsible tbr personnel management, to include selection, training, currency, and upgrade of 300 plus flying personnel. Responsible for developing and executing a $3.5 million annual operating budget. Personally maintained the highest proficiency in worldwide flying, including contingency and aerial refueling operations. 1975 - 1977: FLIGHT OPERATIONS, Fairfield, CA. Transitioned from first officer to captain in the world's largest multi-engine jet aircraft involved in international passenger and cargo operations. 1973 - 1974: FLIGHT OPERATIONS, Agana, Guam. Performed operations as the airplane captain, including hurricane and typhoon penetration and U'acking, as well as air sampling. 1960 - 1973: FLIGHT OPERATIONS, Numerous locations. Functioned as pilot, navigator and electronic warfare officer in a variety of aircraft worldwide, including combat operations. PERSONAL Sele ted for, and graduated from, Marco Island's inaugural Leadership Development Program. Full time Marco resident since May, 1998. Completed the inaugural Leadership Development Program in Anne Amndel County (Annapolis) Maryland. Previous Board Member of local non-profit organization supporting the developmentally disabled. Former President and Treasurer of Condominium Association Governing Board. Member of numerous professional, social and civic organizations, h Island Chamber of Commerce, Beach Advisory Committee and Coll Authority. EXECUTIVE SUMMARY REQUEST TO APPROVE A RESOLUTION EXTENDING THE TERM OF THE COLLIER COUNTY HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE, AND EXTENDING THE TERMS OF MEMBERS OF THE COLLIER COUNTY HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE. OBJECTIVE: Board approval of a resolution to extend the term of the Collier County Health and Human Services Advisory Committee and to extend the terms of the members of the Collier County Health and Human Services Advisory Committee. CONSIDERATION: On June 26, 2001, the Board adopted Ordinance No. 2001-40, which established the Health and Human Services Advisory Committee. The Ordinance provided for the dissolution of the Committee at the conclusion of one year from the date of the Ordinance, said expiration date being June 26, 2002. The Ordinance further provided that the Board of County Commissioners could extend the term of the Committee by Resolution. On June 25, 2003, the Board extended the term of the Committee for an additional year, through June 26, 2002, to conduct the study of and to make recommendations regarding the Intergovernmental Transfer Program for funding a primary care facility, and the Trauma Care Center. While considerable work has been accomplished during the last year on the intergovernmental Transfer Program for funding a primal' care facilit37, the members have requested to extend the term of this ad-hoc Committee for an additional year, through June 26, 2004, to continue to study and make recommendations regarding the following: 1. The "start-up" of a primary care facility. 2. Funding issues related to the system of trauma care in Southwest Florida. 3. Other priority health and human service needs identified by the Board of County Commissioners. The work of the Committee will be directed exclusively toward the study of these three issues and the Committee will meet quarterly in order to accomplish these objectives. In addition, the committee is requesting that the terms of the members be extended on the Collier County Health and Human Services Advisory Committee for one additional year, through June 26, 2004: Joe Paterno, Southwest Florida Workforce Development Board George Drobinski, Collier County Hunger and Homeless Coalition Dr. Carl J. Sheusi, Independent Health Care Provider Executive Summary Page Two Edward A. Morton, Naples Community Hospital Healthcare System Fielding Epstein, Cleveland Clinic Ernie Bretzmann, United Way Dee S. Whinnery, Collier County School Board Susan Luenberger-Suarez, Community Foundation Petra M. Jones, Mental Health Association Edward T. Ferguson, Collier County Community Based Care Alliance Margaret Williams, Collier County Medical Society Ann Campbell, Health Care Planning and Finance Committee There are currently three (3) vacancies on this Committee that will be filled with representatives from the Naples Area Chamber of Commerce, the Collier County Sheriff's Office, and the banking and trust industry. FISCAL IMPACT: There is no direct fiscal impact associate~t with this item. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners execute the attached Resolution to (1) extend the term of the Collier County, Health and Human Services Advisory Committee and extend the terms of its members for one additional year, through June 26, 2004; (2) seek to fill three (3) vacant positions listed above; and i3) direct the Committee to work exclusively toward the continued study of the "start- up," of a primary care facili~', funding issues related to the system of trauma care in Southwest Florida, and other prioriD' health and human services needs identified by the Coun~ Commission. ~Barrv Willl'ams~~-~ Iamman Services, Director APPROVED BY: Date: John Dunnuck, III P~blic Services Adminstrator SUBMITTED BY: Date: Agenda Item NO. ~__..__-~ RESOLUTXON NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMI~IISSXONERS OF COLLIER COUNTY, FLORIDA, TO EXTEND THE TERM OF THE HEALTH AND HUMAN SERVICES ADVISORY COIVlMITTEE. WHEREAS, on .lune 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-40, creating the Health and Human Services Advisory Committee as an ad hoc advisory whose term shall expire within a year; and WHEREAS, Section Six of Collier County Ordinance No. 2001-40 provides that the Board, by Resolution, can extend the term of this Committee; and WHEREAS, in order to finalize the work necessary to conduct the study of and to make recommendations regarding the study of the start-up of a primary care facility, funding issues related to the Trauma Center, and other priority health and human services needs identified by the Board of County Commissioners, it will be necessary to extend the term of this ad-hoc advisory committee for an additional year; and WHEREAS, the Board of County Commissioners desires to extend the term of this Committee for a year; and WHEREAS, there are (3) vacancies to be filled on this Committee in the categories of Chamber of Commerce, Collier County Sheriff's Office, and the banking and trust industry. NOW, THEREFORE, BE lq- RESOLVED BY THE BOARD OF COUNTY COklMTSSIONERS OF COLLIER COUNTY, FLORTDA, that: 1. The Collier County Health and Human Services Advisory Committee is hereby extended for an additional period of one (1) year, said term to expire .lune 26, 2004. 2. The work of the Committee will be directed exclusively toward the study of the start-up of a primary care facility, funding issues related to the Trauma Center, and other priority health and human services needs identified by the Board of County Commissioners. 3. The following members' terms on the Health and Human Services Advisory Committee is hereby extended for one year, said term to expire on .lune 26, 2004. .loe Paterno, Southwest Florida Workforce Development Board George Drobinski, Collier County Hunger and Homeless Coalition Dr. Carl .1. Sheusi, Independent Health Care Provider Edward A. Morton, Naples Community Hospital Healthcare System Fielding Epstein, Cleveland Clinic Ernie Bretzmann, United Way Dee S. Whinnery, Collier County School Board Susan Luenberger-Suarez, Community Foundation NO. ~ JUN 2 Pg · .,.~ 2003 Petra M. ]ones, Mental Health Association Edward T. Ferguson, Collier County Community Based Care Alliance Margaret Williams, Collier County Medical Society Ann Campbell, Health Care Planning and Finance Committee o Commissioner James Coletta will remain as Uasion for the Collier County Board of County Commissioners. The Board of County Commissioners recognizes three (3) vacancies to be filled on this Committee in the categories of Chamber of Commerce, Collier County Sheriff's Office, and the banking and trust industry, and will seek to get these vacancies filled. This Resolution adopted after motion, second and majority vote. DATED: ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. TOM HENNING, Chairman Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney RN7_/kn:h;public;kay;advisoryboards A g e n,~ ].tem JUN 2 q 21303 EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY THE GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE SOLID WASTE MANAGEMENT DEPARTMENT OF A TWELVE-MONTH PROGRESS REPORT REGARDING THE SUSPENDED ORDINANCE ESTABLISHING A MANDATORY NON-RESIDENTIAL RECYCLING PROGRAM WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY OBJECTIVE: To present the Collier County (County) Board of County Commissioners (Board) with a progress report on voluntary Non-Residential Recycling initiative for review. CONSIDERATION: On May 28, 2002 the Board proposed "Adopt the provisions of the Non-Residential Recycling Ordinance (Ordinance) as a framework that will be revisited 18 months from now and in the interim, a marketing plan put together by the Naples Area Chamber of Commerce and the Solid Waste Management Department..." for the purpose of encouraging recycling on a voluntary basis, with joint progress reports due to the Board by January, 2003, (six months), a joint mid-term report due to the Board by June 2003 (twelve months) and final report for action, or no-action if the voluntary program does not succeed, is due to the Board by December 2003 (eighteen months).The Solid Waste Management Department (Department), in cooperation with the Naples Area Chamber of Commerce (Chamber) now brings the second progress report to the Board (Exhibit 1). FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this item. RECOMMENDATION: That the Board review the twelve-month progress report on the voluntary Non-Residential Recycling initiative. Denis; Kirin, V~ast~Reduction & Recycling Manager, Solid Waste Management Department REVIEWED BY: ~~~-'~ ~------¢/Date: ~'///~ G. George Yilmaz, Ph.D.,.,,i;NE~ P.H., R.E.P'. Direp,.t.gr, Solid Was. re I~nage-2~ent Department ,//",~am-es W. D~Lony, P.E., A,,C~inistrator ~" blic Utilities Division JUN 2 20 ,3 Interim Progress Report Voluntary Non-Residential Recycling Initiative June 2003 Greater Naples Chamber of Commerce and Solid Waste Management Department GOAL: To increase the commercial participation rates and current commercial recycling rates through sustainable, ecologically sound and cost-effective methods toward extending the life of the Collier County landfills. APPROACH: The Greater Naples Area Chamber of Commerce (Chamber) and the Solid Waste Management Department (Department) are jointly developing a marketing and outreach plan to promote voluntary non-residential recycling that is both beneficial to the business community and meets the County's goal of increasing non-residential recycling participation and preserving landfill capacity. BACKGROUND/CONSIDERATIONS: During the March 27, 2001 Board of County Commissioners (Board) meeting, the Department was directed to develop a Mandatory Non-Residential Recycling Ordinance (Ordinance) with the goal to increase recycling participation amongst the business community. The Department developed the Ordinance over a period of 14 months to allow time to study the financial impacts to businesses as well as to discuss concerns with business groups and interested citizens. During this period, the Department met extensively with public and private interest groups and conducted a pilot study using representative businesses. In addition, the Department performed a benefit/cost analysis to quantify the financial impacts to businesses. The Ordinance, which incorporated many of the comments received from the various interest groups, was presented to the Board for adoption on May 28, 2002. The Board voted to postpone the adoption of the proposed Ordinance and decided to instead allow non-residential recycling to continue on a voluntary basis for 18 months. The Board directed the Department to provide technical assistance to the Chamber in support of developing a marketing plan to inform and educate businesses in the County about the benefits of recycling. As part of this decision, the Board requested that the Chamber and the Department provide three status updates at six-month intervals during the 18-month period. The first Interim Progress Report ([PR) was presented to the Board on January 28, 2003. This [PR is the second of three scheduled status updates. MEASURABILITY: Three reliable, cost-effective methods of measuring progress were identified by the Chamber and Department staff and reported in the last [PR. These were: 1) Franchise Participation Rate 2) County Recycling Centers 3) Non-Residential Recycling Rate JUN 2 ~ 200 Discussion at the Board meeting on January 28, 2003 concerned the development of specific performance benchmarks. The Chamber and Department staff developed a "Voluntary Non- Residential Recycling Initiative Interim Progress Report on Performance Benchmarks" which was sent to the Board on April 10, 2003. Of the three measures, two use data provided by Waste Management, Inc. of Florida (WMIF) and one measure uses data collected by the Department. The WMIF data was selected because of their status as the County' s franchisee and the single largest source of non-residential data, and the accuracy of the data are known to be high. However, it should be noted that this data is an indicator only as area businesses serviced by WMIF as their commercial hauler have at least twenty-four other haulers available to them in Collier County for recyclables. The Department collects the measurement data at the Naples, Marco, and Carnestown Recycling Drop-Off Centers by using a customer survey designed to differentiate between non-residential and residential uses and administered by Department staff at the entry stop point. In keeping with Board direction and Department goals, the three standards of measurement did not incur a cost other than staff time to aggregate and present the data. PERFORMANCE BENCHMARKS The Performance Benchmarks submitted to the Board in April have been updated and are presented below. Franchise Participation Rate Table 1 presents the franchise non-residential recycling participation indicator rate, measured as the number of businesses participating in available service divided by the number of businesses with available service. As stated above, the indicator data were obtained from WMIF. Success will be measured as achieving the target participation rate range over the reporting period. Table 1 Non-Residential Recycling Franchise Participation Indicator Rate Calendar Businesses Businesses Percent Target Participation Year ServicedJ Recycling1,2 Participation Goal 2001 3,751 378 10.1% N/A 2002 3,910 412 10.5% N/A 20033 3,966 412 10.4% N/A 20034 4,015 415 10.3% 15% - 20% 20035 _ TBDo TBD~' TBD° 25% - 30% ( 1 ) As re )orted to the Department by WMIF via e-mail (6/11/03) (2) Permanent. not temporary (non-franchised) business customers serviced by WMIF. (3) Quarter I (January, February, March) (4) Quarters 2 (April, May, and June (projected)). (5) Quarters 4 (October, November, and December (projected)). 16) To Be Determined. 2 AG,~: NfiA NO. ~/0 , JUN 2 q 2 U3 ~G. County Recycling Centers. Table 2 presents drop-off recycling trends at the Naples, Marco and Camestown Recycling Centers. It is assumed that home-based business owners, as well as other businesses that would have been exempt from the non-residential recycling ordinance, would use the County Recycling Centers. It should be noted that the Department will identify and document whether the recycling center customers are residential or non-residential beginning April 1, 2003. Because this measure addresses drop-off recycling, success will be measured as a net increase in non- residential customers over the reporting period. Table 2 Recycling Participation Trends at County Recycling Centers Fiscal Residential Recycling Non-Residential Recycling Total Recycling Year Center Customers Center Customers Center Customers 2001 N/A N/A 13,122 2002 N/A N/A 14,513 2003~ 12,238 776" I 13,014 2003.3 TBD4,.. ~ TBD4~ TBD'~ ti) {4) Customers from an eight (8) month fiscal reporttng period. Data on business vs. residential usage collected since April of 2003. Customers from a twebe (12) month fiscal reporting period. To Be Determined Non-Residential Recycling Rate Table 3 presents the franchise non-residential recycling indicator rate, which is measured by the annual non-residential recycling tonnage divided by the non-residential waste disposed plus the non-residential recycling tonnage. As stated above, the indicator data were obtained from WM1F. Success will be measured as achieving the target recycling rate range over the reporting period. Table 3 Non-Residential Recycling Indicator Rate Non.Residential Non-Residential Calendar Waste Disposed Waste Recycled Recycling ! Target Recycling Year (tons)l (tons)~ Rate Rate Goal 2001 165,957 22,385 11.9% N/A 2002 176,169 18,670 9.6% N/A 20032 46,301 2,863 5.8% N/A 20033 88,301 5,263 5.6% 10% - 14% 20034 l TBD5 TBD~ TBDs 18% - 22% (1) (3) (4) As reported to the Department by WMIF via e-mail (6/11/03) Quarter 1 (January, February. and March). Quarters I and 2 (January, February, March, April, May, and June (projected)). Full Calendar Year. To Be Determined. MARKETING PLAN: County staff continuously markets recycling through 24-hour recycling telephone hotline and websites, multi-media advertising campaigns, brochures, posters, publications, media interviews~ promotional materials, presentations to community service clubs, schools and other M0. /o /4 JUN 2 4 2GD3 3 PG. M' organizations. Broad-based community-wide participation will be the key to the success of a non-residential recycling program. The Department continues to conduct business site visits information. Since the last interim reporting period, which closed in January of 2003, approximately 129 businesses have been contacted. The site visit strategy targets larger retail/corporate stores first, then smaller stores in strip malls and industrial areas. The next phase of site visits will target offices/office complexes, banks, grocery stores, and hotels. Of the 129 businesses visited, 88 are recycling (68%). However, the majority of businesses visited were corporate stores such as Walmart, Walgreens, Home Depot, Lowe's, Eckerd, K- Mart, Best Buy, CostCo and PetSmart. The material recycled at most locations is cardboard. It should be noted that in most cases decisions on recycling are made at the corporate level. It was found that many smaller businesses such as 5th Ave. Coffee Company, #1 Hair and Nails, Affordable Framing & Art, Berkshire Veterinary Hospital and Global Title Company, were not recycling. Reasons cited included: property management doesn't supply containers, too much trouble, too busy, not interested, etc. It should be noted that some smaller businesses take materials home to be recycled. The Chamber has focused on industry associations to reach the greatest number of large businesses. These include the Association of Legal Administrators, Collier Building Industry Association (CBIA), Economic Development Council, Gulfcoast Chapter of Paralegal Association of Florida, Naples Area Board of Realtors, Collier County Restaurant Association, Hotel Motel Association as well as their own membership. Both the Chamber and the Collier Building Industry Association will provide complimentary booths for business recycling information at their trade shows in August and October respectively. Newsletter material is being provided to industry and membership publications. An insert will be mailed to all businesses in their occupational license renewal form in the fall providing information about recycling options. A logo is being designed for use by businesses that recycle. Additionally, although there are no formal associations for the industrial parks in the County, efforts are being made to organize informal meetings at which recycling information will be co-presented. Increased diversion of commercial waste is also succeeding through a partnership between the Immokalee Friendship House and the CBIA. They developed the La Casa Shop in Immokalee, a resale shop for home building mate-ials adjacent to the Friendship House. Staffed by CBIA volunteers, and open on Saturday, the shop accepts used building materials, primarily from model homes and remodeling, for resale at greatly reduced prices. The result is diversion of material from the landfill, affordably priced home building materials, and income to the Friendship House. 4 JUN z z,/_uuc J P~- ~ ! ACTION PLAN: The Department will continue to meet with the Chamber to refine and help deploy the Marketing Plan. Thus far, the following list represents the status of the Action Plan: Completed and Ongoing · County/Chamber jointly reviewed business recycling data · County provided small business volunteer waste audit program materials through and contact to Keep Collier Beautiful · County collected and provided to Chamber, business recycling education materials from neighboring counties · County created and provided outreach materials to Chamber for distribution · County created and distributed recycling/waste reduction print materials · Count~ website posting; business recycling information · County created and aired public service announcements on County Channel 11/16 · County funded multi-media advertising/public education campaign · County expanded recycling centers targeted at business recycling drop off · County placed new containers for recycling materials drop off at its Recycling Centers · County-owned and serviced cardboard recycling drop off containers (12) · County in-house recycling program expansion · County hazardous waste and waste tire round up events · County staff solicits and responds to requests for speaking engagements and presentations by County staff to schools, service and community organizations · County taped "In the Spotlight" on Channel 11/16 focusing on solid waste and recycling information and issues · County staff site visits to businesses · County coordination with Ave Maria University developers to integrate waste reduction and recycling programs at the development stage · County researched Collier schools recycling rate and met with district facilities management, sent letter to superintendent of schools to arrange meeting to discuss district-wide recycling program Chamber faxed information gathering survey to membership list · Chamber established non-residential recycling review committee · Chamber retained consultant to assist in non-residential voluntary recycling initiative · Chamber interviewed largest employers in County · Chamber had meetings with Zero Waste of Collier County · Chamber completed marketing plan · Chamber created Speakers Bureau to augment Department efforts Next · · · · · · Steps: Develop recycling logos for use by businesses that recycle Coordinate two trade show booths Produce insert for occupational tax renewal mailer Place organization newsletter pieces Generate articles for publication on successful recycling efforts Continue outreach to industrial parks 5 .IG£ tlD ~. I NO. /a ~ _ JUN 2 2003 PG. ~-~ Presentation before District School Board of Collier County for institution-wide recycling program Additional meetings with Ave Maria developers for integrated solid waste handling, recycling and waste reduction program initiation TIMELINE: The Chamber and the Department staff will jointly present one final status report in December 2003. 6 NO. /~ JUN 2 .2 03 EXECUTIVE SUMMARY REJECT A REQUEST BY SURFSEDGE INC. FOR REIMBURSEMENT FOR THE REMOVAL OF BEACH SAND IN THE AMOUNT OF $3,782.56 OBJECTIVE: To obtain approval of the rejection of a reimbursement request by Surfsedge Inc. for removing beach sand from the landscaped areas in the amount of $3,782.56. CONSIDERATIONS: In January 2002, sand was trucked and placed on Park Shore beach as the first step in recovering the beach from the impacts of Tropical Storm Gabrielle. The sand was placed along the seawalls at approximately +7.0 feet NGVD (as compared to +5.0 feet NGVD during the last major renourishment in 1996; NGVD stands for National Geodetic Vertical Datum) for a relatively short width and then sloped to the existing beach. This was done in order to repair the "holes" left in front of many of the seawalls (see attached "before" and "after" photographs). Surfsedge Inc. conveyed a temporary beach restoration easement to Collier County dated May 11, 1995 and recorded in OR Book 2059 Page 1390 of the Public Records of Collier County which allows the county to enlarge and maintain the shoreline by filling the easement property with compatible sand and for planting and maintaining native dune vegetation. It also provides that County will repair at its expense any damage caused to the Surfsedge property as a result of County's negligence. If the Surfsedge Inc. fails to timely notify the county of the damage within 7 days of being aware of the damage, then it excuses the County from liability. This temporary easement expires on December 31, 2005. On March 29, 2002, the president of Surfsedge, Mr. William J. Reid, sent a letter to the County requesting that the sand elevation be lowered. On April 12, 2002, the acting Public Utilities Administrator sent a letter indicating that lowering the sand elevation did not seem appropriate and that the County planned on planting sea oats while larger vegetation would be the responsibility of the adjacent property owner. During December 2002 / January 2003, a number of "northwesters" moved sand up to and over the seawall at Surfsedge. The president of Surfsedge had previously requested the County to "fix the problem" seaward of their seawall and to remove the sand that has blown across the seawall into their landscaping. After a request from Commissioner Coyle in late January 2003, staff visited both the specific site and the length of Park Shore beach and this seems to be an isolated occurrence. Staff requested that the dune planting sub-contractor provide a recommendation on how the beach seaward of the seawall might be better held in place. On February 10, 2003, the Public Utilities Engineering Department Director sent a letter indicating that a conceptual solution would be proposed at the February 21, 2003 Coastal Advisory Committee meeting. On February 21, 2003, the Coastal Advisory Committee moved to give staff direction to investigate all options with feasibility and cost estimates. The Tourist Development Council heard this issue on February 24, 2003 and recommended against any funding based on the understanding that this is a private property owner issue. On February 28, 2003 staff communicated to Commissioner Coyle that there would be no further action by staff pending direction from the Board of County Commissioners. On May 27, 2003, the president of Surfsedge, Mr. William J. Reid, appeared before the BCC and presented bills for removing sand from the landscaping and replacing some vegetation: Date Amount 1/14/2003 912.56 3/14/2003 875.00 4/5/2003 1,050.00 5/15/2003 945.00 3,782.56 These invoices relate to the removal of sand from the landscaped areas and some vegetation removal. Sand continues to migrate across the sea wall. While the dollar amount is relatively small, the precedent that this may set is of concern. Other properties may also have beach sand crossing into the landscaping and future weather conditions may drive additional sand onto any of the properties not only along Park Shore beach, but any beach in the County. Historically, the removal of beach sand from properties adjacent to the beach has been the responsibility of the property owner. Acceptance of this request for reimbursement may imply that the County caused the sand to migrate onto private property and could therefore imply a long-term commitment to repeatedly pay for sand removal. The County Attorney's office has provided a legal opinion indicating that the county clearly must pay the expense submitted if it results from the county's negligence. As the sand was placed at a consistent elevation to maintain the beach and no other properties have had an issue, negligence would not seem to be the case. FISCAL IMPACT: The funds are available from the Tourist Tax Reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the rejection of a request for reimbursement by Surfsedge Inc. for removing beach sand from the landscaped areas. Ron Hovell, P.E., Coastal Projects Manager Public Utiliti/e_s Engineering Department Ro/y B. Anderson, p.E.~, irector Pub_lic Utilities Engiffeeying Department APPRO~D BY~ ~ J~es W De~ny, P.., Ad~nistrator lic Utilities Division Date: Date: Date: // ,o._ JUN 2 4 2003 Park Shore beach - before and after January 2002 sand placement ~o..__ ,/0 [f::>- JUN 2 ~. 2003 March 29,2002 Board of Collier County Commissioners Naples, Florida 34112 Attn: Fred Coyle Dear Mr. Coyle' We are writing this letter on behalf of the Condominium Associations of Gulfside, Inc. & Surfsedge, Inc., addresses 4005 Gulf Shore Blvd. No. & 4001 Gulf Shore Blvd. No., Naples FL. It is addressed to Mr. Coyle, our elected representative, with copies to all other commission members. We are asking that you take a look at the Beach conditions to the west of our Condominium Buildings. When Tropical Storm Gabrielle hit last fall we experienced a surge that caused considerable damage to our properties. It is our opinion that this would not have occurred, or would have been minimized if there had been Landscaping on the beach similar to what is on the beach to the North & South of our properties. Some combination of Scaviolla, Sea Grapes, & Sea Oats would protect us & also enhance the natural beauty of the beach. In addition, the recent spreading of new sand on our beach took the upper level of the beach to the top of the seawall. With no foliage to help hold it, we are experiencing sand blowing over the seawall & on to our property. This is causing damage to the grass & an unsightly appearance to the beauty of our area. By lowering the sand elevation by approximately 1-2 feet & planting vegetation between the already landscaped areas on the Beach, we feel certain our problems would be minimized & the beauty of the Beach would be enhanced. It would be good to have this accomplished before May l, 2002 when the Sea Turtle season sets in. This would give the summer rains a chance to help promote the growth of the new plant material. We thank you very much for your consideration. If you would like for our representatives to appear before your governing body, we will be glad to do that...-'v Willi~n Reid, Jr. ~" President, Surfsedge Inc. Anthony Fe~Juccia President, Gulfside Inc. Cc: Donna Fiala Jamcs Carlcr Tom I lcmfing .I;llllCs; C'oII¢II;I .ltlll Mutld Rcm I Iovcll ~ Thomas ()Iii fl' ~G[~DA I~EM JUN 2 ~. 20D3 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION ENGINEERING DEPARTMENT April 12, 2002 3301 E. TAMIAM! TRAIL, BLDG. H NAPLES, FL 34112 (941) 530-5335 SUNCOM 751-5335 FAX: (941) 530-5378 Mr. William Reid, Jr. President, Surfsedge Mr. Anthony Feduccia Presidents, Gulfside 4001 Gulf Shore Blvd. N Naples, FL 34103 Suo]e~:4. ~ Beach Recovery and Dune VeGetation_ Dear l,!r. Reid and }ir. Feduccia, Thank you for your letter of March 29, 2002. This response is on behalf of Commissioner Coyle. As you are aware, Tropical Storm Gabrieile caused significant damage to the beaches throughout the County and we have been working ever since to arrange for restoration. Initially, sand was placed on Park Shore beach in january 2002 using the same elevations as the 1995/96 major renourishment project. Currently, sand is being placed on Naples beach. The balance of the sand to restore Park Shore beach will be placed begirming in November 2002 along with Vanderbilt beach. The elevasion of the beach is based on the review of historical local storms and past practice both to provide for ssorm protection and to provide a recreational beach. In the case of Park Shore, the elevation of the 1995/96 major renourishment was used for the most recent sand placement and hence the sand has been placed neaz the top of your seawalts. We have requested tkat the professional coastal engineer review your specific situation, but lowering the sand would not seem to be the best alternative. Dune vegetation is an important part of maintaining the beaches and 5he planting of smaller low-lying plants such as sea oats, beach elder and dune sunflower will be pursued on all of the restored beaches. Larger plants, such as sea grapes, have historically been planted by upland proper~y ov~ners. I ~"---~ I JI N back berm of tke Park Shore beach has been restored, we hope to plant vegetation over the summer. Thank you for communicating with us on tkis matter. If you have any questions, please contact our Coastal Projects Manager, Ron Hovell, at (941)530-5342. Sincerely, Thomas G. Wides Interim Public Utilities Administrator Cc: Donna Fiala, Commissioner District 1 James Carter, Commissioner District 2 Tom Henning, Commissioner District 3 Fred Coyle, Commissioner Disnrict 4 James Colletta, Commissioner District 5 Tom Olliff, County Manager Jim Mudd, Deputy County Manager Roy Anderson, PUED Director Pon Hovell, Coastal Projects Manager JUN 2 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION ENGINEERING DEPARTMENT February 10, 2003 3301 E. TAMIAMI TRAIL, BLDG. H NAPLES, FL 34112 (941) 530-5335 SUNCOM 751-5335 FAX: (941) 530-5378 Mr. William Reid, Jr. President, Surfsedge 4001 Gulf Shore Blvd. N Naples, FL 34103 Subject: Beach Recovery and Dune Vegetation Dear Mr. Reid, Commissioner Coyte asked that County staff review the beach adjacent to the Surfsedge seawall that was initially addressed in our letter of April 12, 2002. Last week, my Coastal Projects Manager inspected the beach between Doctors Pass and Clam Pass paying particular attention to the height of the beach and to the adjacent seawalls. As you know, most of the seawalls along than segment of beach are approximately nhe same height, and much of the beachfront along the seawalls has well-established vegetation. Surfsedge seems to be the only area with significant amounts of sand crossing the seawall. It is my understanding that historically any return of the sand to the beach is the property owner's responsibility, requiring consultation with the City of Naples, and should not be placed on sea oats or other dune vegetation. It would seem the best course of action would be to establish additional dune vegetation adjacent to the seawall. County funding and permitting of such a project will require Board of County Commissioners (BCC) approval. Ail County beach maintenance is funded by Tourist Taxes which requires that all work be approved by the BCC with recommendations from the Coastal Advisory Committee (CAC) and the Tourist Development Council (TDC). As this project is an addition to our current funded work plan, it would be in your interest to attend the next CAC meeting, which will be 9 a m February 21, 2003 Ln the BCC Board Room. i ¥:"- '[Q%~- JUN 2 20 3 If you have any questions Projects Manager, at (239 please contact Ron Hovell, Coastal 530-5342. Sincerely, Rpu°~l.Bz~ ~tid~'°z~'s EP~ineerzng Director Cc: Fred Coyle, Commissioner District 4 Jim Mudd, County Manager James DeLony, Public Utilities Administrator Ron Hovell, Coastal Projects Manager Kevin Rambosk, City Manager, City of Naples Memorandum To: Commissioner Coyle From: Roy Anderson, P.E., Director Public Utilities Engineering Department Date: February 28, 2003 Subject: Surfsed~e Condo Request for Beach Work As you are aware, during December 2002 / January 2003, a number of "northwesters" moved sand up to and over the seawall at Surfsedge. The president of Surfsedge has requested the County to "fix the problem" seaward of their seawall and to remove the sand that has blown across the seawall into their landscaping. Staff visited both the specific site and the length of Park Shore beach and this seems to be an isolated occurrence. Staff requested that the dune planting sub-contractor provide a recommendation on how the beach seaward of the seawall might be better held in place. They submitted a nearly $4,000 estimate which was presented to the Coastal Advisory Committee (CAC) on February 21, 2003. The CAC voted unanimously to recommend that the sand be lowered and dune vegetation be replanted rather than just replanting with a matting material. On February 24, 2003, the Tourist Development Council (TDC) heard this issue. They discussed both the vegetation proposal and the concept of lowering the sand. They voted unanimously not to expend any funds for this issue. Pending any further direction from the Board, we do not plan to pursue this issue any further. Roy t?/. Anderson, P.E. Director, PLIED Cc: Jim Mudd, Leo Ochs, Jim DeLony, Tom Wides, Ron Hovell Public Utilities Engineering Department JLIN 2 2G ,3 TO Ron Hovell Nautilus Enviro "Planting the seeds for sus FACSIMILE T R AI~, COMPANY: . Collier County Government FAX NUMBER 941-530-5378 PHONENUMBER: 941-530-5342 RE: Erosion Mat / Planting Sea Oats - Parkshore (Surlfedge) Z URGENT X FOR REVIEW [] PLEASE COM[~ NOTE S/C ONLY4 E NTS' Planting Proposal: Nautilus Environmental Services, Inc. will mental Services, Inc. inable natural resource developrneeF MITTAL SHEET fROM: Richard T. Reed ATE: 9-19-02 OTAL NO OF PAGES INCLUDING COVER' 1 i[NDER'S REFERENCE nUMBER: N-2063 OUR REFERENCE NUMBER. LNT r'l PLEASE REPLY r-I PLEASE RECYCLE ,ply, deliver ~nd install the following Description North American Species I Common I~ ame ] Size Spacing {O.C.) Uniola paniculata I Sea Oa~s I 2" Liner ~18" / herbaceous species on thc Beach area site for .l total cost of .................... $2~112.00 Nautilus Emsronmental Services, lnc, will supply, deliver and install the following erosion Mat on the Beach area site for a total cost of ............................................ $1~318.80 Model Area SY SC- 150 720 Client will supply Map to site and planting pla; Estimated planting date is Feb 2003. If you h= 4114. Estimator Nautilus EnVtrormaental Services, inc. We are Looking for,~vard to working with you. If y~ PO Box 497 * 13620 GOI~ Courl 800.771.4114 Toll Fre~ Quantity 2.816 . and meet crew on site. ye any questions please call me at 1-800-771- u have any questions please callrne. la Road · palllSh, FL 34219 941.776.3700 Fax JUN ? 2G03 for ~ ~ m~m of m ~ ~ses e~d herein. ~ ~ ~t zinc of i~osm ~ e~eme P~r~ u tm ~cffa~ [oc ~e ~ of ~ rL~ ~ tn~zc ~ed hartz Suz~med~o , lu~. ~mnXaolou M~lld~r ~ JUN 2 4 2003 i ,,~, /~ , EXECUTIVE SUMMARY OBTAIN DIRECTION FRoM THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER THE HAMMOCK ISLES PROJECT UNDER PREVIOUS COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), DIVISION 3.15 REGULATIONS FOR THE ISSUANCE OF A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (COA) BY DETERMINING THAT THE SUBJECT DEVELOPMENT WAS IN PROCESS PRIOR TO THE EFFECTIVE DATE OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AMENDMENT TO DIVISION 3.15, WHICH BECAME EFFECTIVE FEBRUARY 6, 2003 OBJECTIVE: Direction from the Board of County Commissioners to consider the Vineyards Development Corporation's Hammock Isles project under previous regulations set forth the Collier County Land Development Code (LDC), Division 3.15 for the issuance of a Certificate of Adequate Public Facilities (COA) and not subject to the payment of 50% of the estimated Transportation Impact Fees for the project, prior to approval of the Final Plat (FP) or Site Development Plan (SDP), as required by the amended provisions of LDC Division 3.15, which became effective on February 6, 2003. CONSIDERATIONS: The adoption of the new provisions of Division 3.15 of the LDC (Adequate Public Facilities - Concurrency) significantly changes the requirements for obtaining a Certificate of Adequate Public Facility (COA). The most significant change being the elimination of the option for a waiver and release from the COA requirement and the addition of the requirement that all Final Plats and Site Development Plans obtain a COA for Transportation related Public Facilities prior to the approval of the final local development order; and in order to obtain a COA, fifty-percent (50%) of the estimated Transportation Impact Fees must be paid. Public meetings of the Board of County Commissioners for the LDC Cycle were held on December 11, 2002 and January 8, 2003 in order to discuss the proposed changes to the LDC. Minutes from the meetings indicate that projects that had applied for a final local development order prior to the effective date of the LDC changes (February 6, 2003) would be allowed to continue under the prior provisions by electing a waiver and release from the obligation .to obtain a COA, or by paying the estimated impact fees for the project into the escrow account in order to obtain a COA. On May 22, 2003 a representative from Vineyards Development Corporation contacted the County Manager's Office in reference to the Hammock Isles project. JUN 2 2003 Executive Summary Hammock Isles Page 2 The following is a timeline of the events related to the Hammock Isles project: >. August 21, 2002 a Preliminary Subdivision Plat (PSP) was filed for Hammock Isles at the Vineyards for 193 residential units. > September 24, 2002 comments were provided to Coastal Engineering Consultants, Inc. indicating a "HOLD" status until all negative comments were : ~tisfied. >- Re-submitted October 10, 2002 ¢- November 15, 2003 second insufficiency letter provided to Coastal Engineering Consultants, Inc. indicating a "HOLD" status until all negative comments were satisfied. >- Re-submitted December 19, 2002 ~- January 28, 2003 comments were provided to Coastal Engineering Consultants, Inc. indicating a "HOLD" status until all negative comments were satisfied, including the need to provide right and left turn lanes at the entrance to the project. January 30, 2003 - staff email correspondence indicates a potential solution to the issues relating to turn lanes, including a "Hold Harmless" letter to be provided by the Developer and reviewed by the County Attorney's Office February 5, 2003 - correspondence from the Transportation Division indicated that the turn lane issues had been resolved and the PSP was subsequently released. ~- February 6, 2003 amendments to Collier County Land Development Code (LDC), Division 3.15 became effective, which require fifty percent of the estimated Transportation Impact Fees for a project to be paid prior to the issuance of a final Site Development Plan or Final Plat in order to receive a Certificate of Adequate Public Facilities. > February 10, 2003 - dated official letter for the approval of the PSP ~- February 24, 2003 the application for the Final Plat for Hammock Isles was deemed sufficient ~- February 24, 2003 letter provided to Coastal Engineering Consultants, Inc. regarding information missing from the submittal package Vineyards Development Corporation contends that their project schedule was severely hindered due to issues relating to Transportation requirements for turn lanes into the project. The Transportation issues were not resolved until January 30, 2003 and the subsequently the PSP review by Transportation was not officially completed until February 5, 2003. ~I ~e new LDC Division 3.15 provisions became effective on February 6, 2003. The applications for Final Plat or SDP received and deemed sufficient by February 5, 2003 are considered under the prior provisions while those received on or after February 6, 2003 are considered under the amended provisions. With the completion of the PSP reviews for Hammock Isles, the official approval letter was dated February 10, 2003, allowing for the application for Final Plat for the project. Executive Summary Hammock Isles Page 3 Due to unforeseen delays (above), the Hammock Isles project application for Final plat was deemed sufficient on February 24, 2003, well after the LDC Division 3.15 effective date of February 6, 2003. FISCAL IMPACT: The requirement to pay fifty-percent (50%) of the estimated Transportation Impact Fees for the Hammock Isles project (193 units) equals an upfront payment of $446,699. Upon receipt, the money is immediately available for appropriation to implement capital road facility improvements. A determination that the project is not subject to the provisions of the amended Division 3.15 of the LDC does not release the obligation to pay. However, the in lieu of the 50% payment of Transportation Impact Fees at Final Plat or SDP, the impact fees are required to be paid, in full, at issuance of the Building Permit. The loss to the County is the loss of the opportunity income from the interest on the 50% collections and the decreased ability to meet the Transportation demands associated to growth. The County Attorney's Office and County staff and have proposed a second option. The Hammock Isles project can be platted in phases, first designating the lots of Phase I and the remaining tract as future development. This option will allow a COA to be issued only for the designated lots and reduces the 50% estimated Transportation Impact Fee required to be paid accordingly. The option above reduces the County's potential financial exposure and protects the integrity of the regulations of the Land Development Code, which are tied to the approval of a Final Local Development Order. It also allows the Developer to proceed with his project without committing resources in a lump sum for lots that will be developed at a later and unspecified time and provides upfront funding for Transportation related improvements that corresponds to the potential demand deemed to be created by the units represented by the Final Local Development Order. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management Plan. This intent of the amendments to Division 3.15 of the LDC is to provide financial resources to construct transportation related infrastructure, necessitated by growth, ahead of the actual demand that will be placed on the transportation network, and thert by addressing capacity demands in a proactive manner. If the Hammock Isles project is not required to pay the required impact fees prior to approval of the Final Local Development Order, the impact fees will be collected in full no later than the issuance of the Building Permit. As stated above, the actual loss to the County is the loss of the opportunity income from the interest on the 50% AC.mOA rr~ JUN 2 2003 Executive Summary Hammock Isles Page 4 Transportation Impact Fee collections and the decreased ability to meet the Transportation demands associated to growth. RECOMMENDATION: That the Board of County Commissioners consider the Hammock Isles project to have been "in process" prior to the effective date of the amended provisions of LDC Division 3.15, and based upon that determination direct staff to apply the prior LDC provisions to the project accordingly. SUBMITTED BY: REVIEWED BY: f~'bC~.,L Date: G Amy ?~tterson, Impact Fee Coordinator Date: H. Denton Baker, Director Financial Administration and Housing REVIEWED BY: Thomas Kuck, Director Engineering Services APPROVED BY: Date: Norman E. Feder, Administrator Transportation Services Division .~oseph K. Sehmitt, Administrator Date:~,'~fl/ . --> Community Development & Environmental Services Di vision 2003 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SlX-LANE SECTION OF VANDEREIILT BEACH ROAD BETWEEN AIRPORT ROAD AND COLLIER BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 63, PROJECT NO. 63051). ESTIMATED FISCAL IMPACT: $5,765,600. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of a six-lane section of Vanderbitt Beach Road between Airport Road and Collier Boulevard (CR 951). CONSIDERATIONS: On January 14, 2003, the Board adopted Resolution No. 2003-38, authorizing the condemnation of propert~j for the construction of a six-lane section of Vanderbitt Beach Road from Airport Road to just east of Collier Boulevard. Since that date, permitting requirements and further engineering analysis has prompted modifications to portions of the roadway and associated drainage systems and utilities. These modifications, have resulted in reductions to the County's need for additional right-of-way throughout the corridor. Based on the opinion of the County Attorney's Office, staff is addressing a technicality and presenting this revised resolution in connection with the presentation and information previously provided at the January 14, 2003 Commission Meeting. This package contains revised legat descriptions that reflect the reductions in the project's right-of-way needs as well as all of the information contained in the previous resolution. Based on the information contained within this package, the Board is advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. The Board of County Commissioners has been advised through numerous public meetings, MPC) meetings, and documentation of the vadous alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative. A Public Information Meeting was held on June 6, 2001 to inform the public of project details and to receive feedback from the public regarding the project. The Board has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible ~ocation, and are necessary for the construction of the proposed ,mprovements to Vanderbilt Beach Road (see attached memorandum dated December 19, 2002 with Attachments A & B). The location of stormwater treatment ponds has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. Each and every pond site within the project limits, as determined according to the above-described engineering analysis, was further reviewed and each pond was carefully configured on each affected property so as to minimize damages and negative impacts to the remaining real estate. AGENDA No _"~.L.l~ IT% JUN 2 ~ 2003 FISCAL IMPACT: While staff estimates that all of the right can be secured for roughly $5,765,000, the schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution could conceivably result in the condemnation of every parcel required for the construction of the six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951). However, staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have been filed. Should the condemnation of every right-of-way parcel be required in order to meet the schedule for the commencement of construction, the cost is estimated at $7,064,000. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee District 1 and Impact Fee District 6 funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element (CIE No. 63), the Vanderbilt Beach Road project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: SUBMITTED REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Adopt the attached Resolution; Authorize its Chairman to execute same on behalf of the Board; and Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. BY: ~~~-'- .' ' DATE: ,)('~vin"~'~~~n~dCs, Right-of-Way~quisition Manager Engine~d~¢ Construction Management Depa~ment ~,~ ~ /~ /~¢~ '~ DATE: Allen R. Ruth, P.E., Senior Project Manager En~needng & Const~ction Management DepaAment ~., ~)~ X. ~~ DATE: Dale A. Bathon, P.E.~ Principal Project Manager Engine~ng.~ &~mctiop' ~anagement Depa~ment DATE: E~~st~ion Management DepaAment N~~CP, Adm~istrator AGENDA ITEM T~po~ ~Bion No. / J U N 2 2003 RESOLUTION NO. 2003 -__ A RESOLUTION AUTHORIZING CONDEIVEX'ATION OF FEE SLMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS REQUIRED FOR THE CONSTRUCTION OF A SIX-LANE SECTION OF VANDERBFLT BEACH KO-adD BETWEEN AJRPORT ROAD AND COLLIER BOULEVARD (CR-951). (CAPITAL IMPROVEMENT ELEMENT NO. 24 & 63, PROJECT NO. 63051). WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and consUuction of the various capital improvement projects; and W-'d_EREAS. the Transportation Element of the County's Comprehensix e Pla:] was adopted m Ordinance No. 2000-32; and W'HEREAS. the six-lane section of Vanderbilt Beach Road between Airport Road and ('oilier Boulevard (Project No. 63051 } is one of the capital improx ement projects required trader Transportation Element of the County's Comprehensive Plan; and WHEREAS, :he location for construction of the proposed improvements has been fixed and is collectively represented by the legal descripuons comprising Exhibit ":V' attaci~ed hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, tee comparative costs of project alternatives, x arious impacts upon the environment. Iot>g range planning options, and public safety' cons derations, the Board desires to exercise its right to condenm propert3 public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU.~TY COMMISSIONERS OF COLLIER COU:~TY, FLORIDA, that it has been determined by the Board that the construction the six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard thereinaftcr referred to as "the Project") is necessary and in the public's best interest in order to protect the health. safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County"s Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staffhas reviewed alternative locations for the project, and the costs associated with the design, proper~y rights acquisition, and construction of the project, as well as public safety' and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these AGENDA ITi~ J UN 2 tt 2003 Pc5 "~ issues, the most feasible location for construction of the proposed improvemems is collectivel3 represented by the legal descriptions comprising Exhibit 'A" attached hereto and incorporated herein. AND IT IS FURIHER RESOLVED that in order to construct the project as designed, it :s necessary for the Board to acquire the various real property interests described in Exhibit "A" to ~'~t: fee simple title interests and/or those perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. ANT) IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediatelv acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127. Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A". attached hereto and incorporated here~n. ANT) IT IS FL'RTHER RESOLVED that no mobile homes are located on tke property sought to be acquired and therefore it ~x iil not be necessary to remove any mobile homes from the propen> to be acquired. A_NT) IT IS FL~RTHER KESOLVED that Resolution No. 2003-38 is repealed and replaced ~n :ts entirety hereby. This Resolution, adopted on this __ day of .2003, ar'ret mot/on. 4econd and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COM*IISSIONERS OF COLLIER COL~TY, FLORIDA TOM HEN~ING, CHAII:L\IAN Heidi F. Ashton Assistant County Attorney Page 2 AGENDA I'~ JUN 2 2003 EXHIBIT "A" BLANK PAGE) TO BE REPLACED BY COMPOSITE EXHIBIT "A" (LEGAL DESCRIPTIONS - EACH DENTIFYING THE INTEREST TO BE ACQL'IRED) Page 3 AGENDA IT~--~ JUN 2 ~ 2003 P9 MEMORANDUM DATE: December 19, 2002 TO: James Mudd, County Manager FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Vanderbiit Beach Road from Airport-Pulling Road to Collier Boulevard, Project No. 63051 On January 14, 2003, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to six-lane Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard. This five-mile project includes a divided six- lane roadway with sidewalks and bike lanes on both sides. This project excludes a 1500-foot section of Vanderbilt Beach Road that is being constructed as part of Livingston Road, Phase III, Project No. 62071. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: Alternate Routes The need for additional east-west arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing ro~adway alignments, Pine Ridge Road (CR 896) is currently a six-lane roadway i~-~twe~13g, J~134,11Tii~l Log in / No. L) fl Ulq 2 q 2003 Page 1 of 4 Pg Boulevard. Immokalee Road is currently a four-lane roadway from 1-75 to Collier Boulevard (with provisions for future six-laning). Both Immokalee Road from U.S. 41 to 1-75 and Golden Gate Parkway from Airport-Pulling Road to Santa Barbara Boulevard are currently under design for expansion to six lanes. Future design plans will complete the improvements of portions of Radio Road, Davis Boulevard, and Rattlesnake-Hammock Road to four-lane roadways. The Vanderbilt Beach Road corridor is one of only six east-west corridors in Collier County. The construction of upgraded roadways intersecting Vanderbilt Beach Road, such as Livingston Road (currently under construction) and ('ollier Boulevard (currently under design), as well as the additional development activity along the corridor, will place additional capacity demands on Vanderbilt Beach Road. To meet current and future capacity needs, the only viable alternative is to widen Vanderbilt Beach Road to six lanes at this time. Safety Factors The design of the Vanderbilt Beach Road improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for upgrading Vanderbilt Beach Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. Originally proposed to be six lanes from Airport-Pulling Road to Logan Boulevard, and from there four lanes to Collier Boulevard, the Board subsequently approved the six-laning of the Vanderbilt Beach Road project over its full length at the November 5, 2002 Board meeting. AGENDA Ir~ Page 2 of 4 .JUN 2 2003 Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Vanderbilt Beach Road from Airport-Pulling Road to Collier Boulevard will have minimal environmental impacts. The project has been coordinated witL both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and wetland areas along the corridor were flagged. Impacts to these wetlands will be minimal and will be mitigated through "mitigation banking". Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. As a result, this project will use a combination of residential lakes, drainage swales and dry detention areas for ~vater treatment and attenuation (see CH2MHill Technical Memorandum of December 19, 2002, attached). Ultimate stormwater discharge points include the Airport-Pulling Canal, the 1-75 Canal, the Vanderbilt Beach Road Canal, the Harvey Canal: and the CR 951 Canal. There has been coordination with the SFWMD regarding surface water drainage issues, and the application for the Environmental Resource Permit for this project will be made in the near future. The project will result in an overall net benefit to the existing surface water management system. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project includes a typical six-lane section with sidewalks and bike lanes on both sides. The typical section that will be used in this project has been approved by the Board. The corridor is bounded on the north and south sides by residential developments, a golf course, an elementary school, a County park, a cemetery, together with commercial properties and undeveloped lots. The road alignment has gone through revisions to minimize the taking of additional right of way, and to provide for safe and efficient pedestrian and traffic flow. In addition to shifting the Collier Boulevard intersection and the roadway alignment to the south beginning at a point 2000 feet west of the intersection qsee C,H,~2MHill Technical Memorandum of March 4, 2002, attached), realig~ ment,~lO~l~l~a~f the JUN 2 4 2003 Page 3 of 4 intersection minimized the impact to a proposed church development, the existing water treatment plant, potable water wells and utilities on the north side of the roadway. As a result, construction costs and the maintenance of traffic costs during construction are minimized. Construction on this three-year project is planned to commence early in fiscal year 2004. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. C: Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner Frank Halas, District #2 Commissioner Fred Coyle, District #4 Commissioner Donna Fiala, District #1 Leo Ochs, Assistant County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Gregg R. Strakaluse, P.E., Director, TE&CM Department Don Scott, AICP, Director, Transportation Planning Department Dale A. Bathon, P.E., Principal Project Manager, TE&CM Department Allen R. Ruth, P.E., Senior Project Manager, TE&CM Department Page 4 of 4 -- AGENDA IT~NNI No._ ~t~o \"~- JUN TECHNICAL MEMORANDUM Vanderbilt Beach Road-Drainage Analysis ATTACHMENT A CH2MHILL PREPARED FOR: PREPARED BY: DATE: SUBJECT: Collier County Transportation Engineering and Construction Management Department Bill Gramer, P.E. December 19, 2002 Vanderbilt Beach Road Widening Project (63051) Vanderbilt Beach Road - Drainage Analysis The Collier County Transportation Engineering and Construction Management Department and the Board of Collier County Commissioners has proposed the six-lane widening of Vanderbilt Beach Road (VBR) from Airport Pulling Road to Collier Boulevard (CR 951). CH2M HILL was selected by Collier County to prepare the design of this corridor based on the Phase I (30%) documents (dated October 31, 2000) prepared by Collier County staff. Presently the Vanderbilt Beach Road design is approaching its Phase III (90%complete) milestone. Project Description Vanderbilt Beach Road (CR 862) is currently under design to improve the existing facility, from a two lane rural arterial to a six lane urban collector. The project is located in west central Collier County. The drainage design prepared for this project was based on the "Surface Water Management and Pond Siting Report" dated January 2001, prepared by Wilson Miller for Collier County. The report was reviewed by CH2M HILL and the basic concepts discussed in the report were utilized to prepare the final drainage design. CH2M HILL also prepared a Preliminary Drainage Report - dated February 2002, which explained the concepts of the drainage design. This technical memo will describe the criteria used to determine pond locations as well as cover certain specific design requirements of the different sub-basins along the project corridor. Pond Selection Criteria Within each basin, CH2M HILL designed the on-site drainage system and strategically placed "ponds" based on the following criteria: I. Pond Selection Criteria Outline A) Hydraulics · Basin divides · Sizing of pipe runs · Historic conveyance AGENDA ITB;~ NO ~_c, JUN 2 ~ 2003 B) C) D) · Flooding potential Environmental · Wetlands · Habitat · Agency requirements Constructability · Pond depths, Seasonal High Water (SHW) · Costs · Joint-use agreements with private developers adjacent to project Property Acquisition · R/W limits (parcels) · Future widening & growth · Collier County Land Development Code II. Pond Selection Process This process was used to evaluate and determine potential pond locations. · Evaluate basin divides and set limits based on existing topography and existing drainage divides · Determine On Site and Off Site run-off water contribution within divides (Contributory Volumes) · Calculate size of pond required based on volume and storage/discharge requirements (hydraulics) · Based on seasonal high water elevation and existing topography, determine overall pond size including berms, set backs, etc. · Review available parcels and choose potential locations · Evaluate wetland/environmental impacts · Design pipe runs based on hydraulic grade line - determine minimal pipe sizes · Review pond constructability with regard to geotechnical information (borings taken) · Design ponds with input from County R/W personnel to minimize parcel impacts · Review pond and drainage structure location/elevations with the South Florida Water Management District (SFWMD) Modify pond areas based on County and SFWMD input Re-check calculations to assure hydraulic parameters are adequate AGENDA I JUN 2 2003 · Finalize pond locations as best, cost effective, and most practical option Proposed Drainage Design The existing drainage patterns are distinct and can be divided into four major basins. Basin 1 - Airport Pulling Road to Livingston Road Basin 2 - Livingston Road to Logan Boulevard Basin 3 - Logan Boulevard to Collier Boulevard Basin 4 - Collier Boulevard to 2,800 ft east of Collier Boulevard Basins 1 through 3 contain several sub-basins and Basin 4 is a small 2,800-foot segment just east of Collier Boulevard (CR 951). This report provides a discussion of the characteristics of each sub-basin and provides an overall summary of the proposed stormwater management system. Basin 1 - Airport Pulling Road to Livingston Road This Basin is divided in to several sub-basins which collect, treat, attenuate and convey the stormwater. The runoff eventually discharges to the Airport-Pulling Canal. Basin lA - From Airport-Pulling Road to Naples Walk The roadway runoff from Airport-Pulling Road to Naples Walk will be collected in a closed drainage system. The drainage area being collected in Basin lA is 3.86 acres (3.58 Acres impervious and 0.28 Acres pervious). Along this segment of Vanderbilt Beach Road, no undeveloped parcels of land remain to satisfy the stormwater management requirements. Due to this constraint, the flow from the roadway will be directly discharged west to the Airport-Pulling Canal. As discussed at the pre- application meeting with SFWMD, the improvements to Vanderbilt Beach Road will be viewed as a net improvement to the facility from the District's standpoint. This will allow the design to have some flexibility from an overall water quality, 'water quantity position because the overall project will have a net benefit to the existing surface water management system. Basin lB - From Naples Walk to Livingston Road The northern half of the roadway from Naples Walk to Livingston Road will be collected in a closed drainage system. The drainage area being collected in Basin lB is 4.46 acres (3.69 Acres impervious and 0.77 Acres pervious). A__.~,~- ~-G~,.i~.~ix,~,~'-' ........ ~ No.. ""L...~ '~ ~ JUN 2 4 2003 v'§ '3_';;,_.. Vanderbilt Beach Road, no undeveloped parcels of land remain to satisfy the stormwater management requirements. Due to this constraint, the flow from the roadway will be directly discharged west to the Airport-Pulling Canal. As discussed at the pre-application meeting with SFWMD, the improvements to Vanderbilt Beach Road will be viewed as a net improvement to the facility from the District's standpoint. This wilt allow the design to have some flexibility from an overall water quality/water quantity position because the overall project will have a net benefit to the existing surface water management system. The southern half of the roadway from Naples Walk to Livingston Road will be collected in a closed drainage system. The drainage area being collected in Basin lB is 4.27 acres (3.63 Acres impervious and 0.64 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Piper's Grove and Orchards communities. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the south side of the proposed Vanderbilt Beach Road widening project. Basin 2 - Livingston Road to Logan Boulevard This Basin is divided in to several sub-basins which collect, treat, attenuate and convey the stormwater. The runoff eventually discharges to the 1-75 Canal. Basin 2A - From Livingston Road to 1-75 The roadway from Livingston Road to 1-75 will be collected in a closed drainage system. The drainage area being collected in Basin 2A is 12.38 acres (10.25 Acres impervious and 2.13 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Village Walk community. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the proposed Vanderbilt Beach Road widening project. Basin 2B - From 1-75 to Oakes Boulevard The roadway from 1-75 to Oakes Boulevard will be collected in a closed drainage system. The drainage area being collected in Basin 2B is 2.12 acres (1.83 Acres impervious and 0.?~3 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within the existing R/W along the south side of the roadway. Basin 2C - From Oakes Boulevard to Station 295+00 AGENDAI1T~ No.. '3_~ Lb JUN 2 2003 The roadway from Oakes Boulevard to Station 295+00 will be collected in a closed drainage system. The drainage area being collected in Basin 2C is 6.03 acres (5.24 Acres impervious and 0.79 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within the existing R/W along the south side of the roadway. Basin 2D- From Station 295+00 to Logan Boulevard The roadway from Station 295+00 to Logan Boulevard, will be collected in a closed drainage system. The drainage area being collected in Basin 2D is 9.77 acres (7.92 Acres impervious and 1.85 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convev stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within the existing R/W along the north side of the roadway. A 2,600-foot section of the existing Vanderbilt Beach Road Canal will be relocated within existing R/W to accommodate the proposed lateral pond. Basin 3 - Logan Boulevard to Collier Boulevard This Basin is divided in to several sub-basins which collect, treat, attenuate and convey the stormwater. The runoff from the section of the roadway from Logan Boulevard to the Harvey Canal eventually discharges to the 1-75 Canal. The runoff from the section of the roadway from the Harvey Canal to Collier Boulevard eventually discharges to the Harvey Canal. Basin 3A - Logan Boulevard to the Harvey Canal The northern half of the roadway from Logan Boulevard to the Harvey Canal will be collected in a closed drainage system. The drainage area being collected in Basin 3A is 7.11 acres (6.01 Acres impervious and 1.10 Acres pervious). Along this segment of Vanderbilt Beach Road, the runoff will be discharged into the existing Islandwalk community. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the proposed Vanderbilt Beach Road widening project. Basin 3B - Logan Boulevard to the Harvey Canal The southern half of the roadway from Logan Boulevard to the Harvey Canal will be collected in a closed drainage system. The drainage area being collected in Basin 3B is 7.04 acres (5.84 Acres impervious and 1.20 Acres pervious' ~lo~§L/~l~~nt o! JUN 2 2003 pg ~- ~-~ Vanderbilt Beach Road, the runoff will be discharged into the existing Islandwalk community. Existing drainage facilities located in the Vanderbilt Beach Road R/W were designed, permitted and constructed to allow for the treatment and attenuation of runoff for the proposed Vanderbilt Beach Road widening project. Basin 3C - Harvey Canal to Collier Boulevard The roadway from the Harvey Canal to Collier Boulevard will be collected in a closed drainage system. The drainage area being collected in Basin 3C is 15.23 acres (12.02 Acres impervious and 3.21 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of lateral ditch (pond) along Vanderbilt Beach Road. A major cost savings of this approach is the savings in storm sewer pipe that would be needed to convey runoff to offsite ponds and then to the Harvey Canal. In addition, offsite ponds would require full parcel takes from several owners. Along this segment of Vanderbilt Beach Road, the runoff will be discharged into a lateral pond located within along the south side of the roadway. Approximately 60 feet of additional R/W will be required for this lateral pond. Basin 4 - Collier Boulevard to 2~800 feet east of Collier Boulevard This Basin consists of one basin which collects, treats, attenuates and conveys the stormwater. The runoff from this section of roadway eventually discharges to the CR 951 Canal. The roadway from Collier Boulevard to 2,800 feet east of Collier Boulevard will be collected in a closed drainage system. The drainage area being collected in Basin 4 is 7.27 acres (5.58 Acres impervious and 1.69 Acres pervious). Upon review of the pond siting criteria, existing site conditions and available right of way, CH2M HILL concluded that the most efficient and economical way to treat, attenuate, and convey stormwater would be by way of an off-site pond. Along this segTnent of Vanderbilt Beach Road, the runoff will be discharged into an off-site pond located just east of Webber Street on a undeveloped parcel. Stormwater will be treated and attenuated and then discharged to the CR 951 Canal. AGENDAIT'~ No.._ JUN 2 4 2003 Pg. ~ ~> TECHNICAL MEMORANDUM ATTACHMENT B Vanderbilt Beach Road-Collier Boulevard Intersection Analysis CU2MHILL PREPARED FOR: PREPARED BY: DATE: SUBJECT: Colher County Transportation Engineering and Construction Management Department Bill Gramer, P.E. March 4, 2002 Vanderbilt Beach Road Widening Project (63051) Vanderbilt Beach Road - Collier Blvd Intersection Analysis The Collier County Transportation Engineering and Construction Management Department and the Board of Collier County Commissioners has proposed the four-lane/six-lane widening of Vanderbilt Beach Road (VBR) from Airport Pulling Road to Collier Boulevard (CR 951). CH2M HILL was selected by Collier County to prepare the design of this corridor ba~sed on the Phase I (30%) documents (dated October 31, 2000) prepared by Collier County staff. Presently the Vanderbilt Beach Road design is approaching its Phase III (90%complete) milestone. Purpose: The following study has been developed in response to a request by Collier County to specifically re-evaluate options for the intersection of Vanderbilt Beach Road and Collier Boulevard due to potential impacts to the plarmed St. Agnes Church facility, located on the north-east quadrant of the intersection. The current design for the St. Agnes Church facility (prepared by Planning Development Incorporated) shows portions of the site located within future VBR R/W. This study also evaluates the future extension of the VBR corridor and its potential impacts to the Collier County North Regional Water Treatment Plant property, located approximately 2600 ft east of the VBR/Collier Blvd Intersection on the north side of the roadway. This report will consider R/W, utility, wetland, maintenance of traffic, and temporary (throw away) construction for the various options. Basis of Evaluation/Assumptions - Existing Conditions: The existing typical section of VBR Road in this area consists of a 2-lane undivided rural roadway. The current roadway is centered within the existing 60 ft right- vf-way. The travel way consists of one 12 foot lane in each direction. The existing VBR roadway from Collier Boulevard (CR 951) to the east has no existing bicycle or pedestrian facilities within the right-of-way (the Collier County Land Development Code now requires a proposed roadway to have a sidewalk and a bike lane on both sides of the road). There is presently a traffic signal at the intersection of VBR and Collier Boulew rd No. "~c, I \ G:~DIRECTOR'S FOLDER\EXECUTIVE SUMM/,RIES~6-10-03 BCC MEETING\VANDERBILT BEACH ROAD\VBR_COLLIERBLVD_RELOCATION_E J UN 2 2003 There are a variety of utilities located in this section of roadway including a 20 RCWM, 30" Water, 36" Water, 24" Water, 4" Force Main, 30" Raw Water, 42" Water, and BT/OT/T/OE. These utilities are located on both the north and south sides of the road. Existing R/W varies from 145 ft wide west of the Vanderbilt Beach Road/Collier Boulevard Intersection to 60 ft east of the intersection. Wetlands are present in all four quadrants of the intersection to a varying extent. Proposed Improvements: A design speed of 50 MPH was approved with our Design Criteria Report and is used for this analysis (FDOT - Plans Preparation Manual - Section 1.9). The posted speed of the roadway will be 45 MPH. Typical Section - Travel Lanes: Per Collier County direction, the facility will be designed to accommodate a 6 lane section (3 - 12 foot travel lanes in each direction). Initial construction will be a 4 lane section that will facilitate future widening in the median, and which transitions to the existing 2 lane facility. Median Width: Per Collier County direction, a 22 foot median will be provided to allow for a left turn pocket, and a 10 foot raised median with Type E Curb and Gutter. Bike Lanes: Per Collier County direction, a 4 foot bike lane will be provided in each direction adjacent to the outside lane. The option of a wider 14 foot outside travel lane, that would function as a combination travel lane and bike lane, was eliminated for safety reasons. Sidewalk: Per Collier County direction, a 6 foot sidewalk will be provided on both sides of the road. Sidewalk will have a 6 foot utility strip between the sidewalk and the curb and gutter. In areas of right turn lanes the utility strip will be eliminated to reduce Right-of-Way (R/W) impacts. Water Storage and Treatment: A detailed water storage and treatment analysis has not been prepared for the section of VBR east of Collier Blvd, as the project limits end approximately 800 ft from the VBR/Collier Blvd intersection. For the purposes of this study, a brief analysis was performed and results determined that a combination of lateral ditches and dry detention ponds would be feasible. Certain lateral ditch/ponds sites have right-of-way impacts and wetland impacts associated with them, others have only right-of-way impacts. These findings are not reflected in the costs associated with the various alignments as the differential cost would not be substantial enough to influence the relocation evaluation. N oAGE~_.A,. It% JUN 2 2003 pg ~."'~ G:~OIRE CTOR'S FOLDER\EXECUTIVE SUMMARIES\6-10-03 BCC MEETING\VANDE RBILT BEACH ROAD\VBR-COLLIERB LVD-RELOCAT N_EVAL AL ATT B.DOC Lighting: Shoulder Lighting - Light poles on the outside shoulder of the roadway will be located 4 feet from the face of curb (in 6 ft. utility buffer) in urban sections. Light poles will be located 1 foot behind the sidewalk in areas where sidewalk is adjacent curb (Right turn pockets). Alternatives Evaluation: Three alternatives were investigated as part of this study. The study will identify a preferred alignment that is feasible, cost effective, and minimizes impacts to the St. Agnes Church facility while avoiding the Collier County North Regional Water Treatment Plant (WTP). Horizontal control points and criteria used for this alternatives evaluation includes: Avoiding the WTP facilities - requires shifting the ahgnment approximately 80 ft to the south. · Based on a Design Speed of 50 MPH, two reverse curves of approximately 800 ft in length will be used (Minimum length of curve is 750 ft) for a total transition length of 1600 ft. · Transition sections have been added to the required transition length to ahgn traffic prior to and after the intersection of VBR/Collier Blvd, for developing optional aligrtments. Description of Options: Option I: Relocation of Vanderbilt Beach Road (to the south)- East of Collier Boulevard (CR 951) Alignment consists of a 200 ft tangent section after the intersection of VBR and Colher Blvd and two reverse curves (approximately 1600 lineal feet) for a total transition length of 1800 LF. The 200 ft tangent section was provided to ahgn the traffic once motorists cross over the intersection prior to begirming the transition. Alignment is currently shown in CH2M HILL 60% Plans · Maximum utilization of existing R/W west of intersection. · Impacts to utilities substantial · Construction schedule effected by utility relocations · Impacts to St. Agnes Church site approximately 1.6 Acres Cost for comparison = $938,000 Option 2: Relocation of Vanderbilt Beach Road (to the south) - West of Collier Boulevard (CR 951) Alignment consists of two reverse curves for a total of approximately 1600 ft and a 400 ft tangent section prior the intersection of VBR and Collier Blvd. Tangent section has been provided to align the traffic after the transition and prior to the intersection. Total transition length is approximately 2000 ft. · Poor utilization of existing R/W west of intersection. · Impacts to utilities minimal · Construction schedule not effected by utility relocations · Impacts to St. Agnes Church site 0.0 Acres · Would require design changes to 60% Plans (Cost not included) Cost for comparison = $831,250 AGENDA No. JUN 2 2003 Pg ~ ? G:~DIRECTOR'S FOLDER\EXECUTIVE SUMMARIES\6-10-03 BCC MEETING\VANDERBILT BEACH ROAD\VBR_COLLIERBLVD_RELOCATION_EVAL AL ATT B DOC 3 Option 3: Relocation of Vanderbilt Beach Road (to the south) - Prior to Water Treatment Plant Alignment consists of two reverse curves (approximately 1600 lineal feet) for a total transition length of 1600 LF. Alignment follows Option 1 alignment but does not begin transition to avoid WTP until 1600 ft prior to WTP facility property. · Maximum ufiliTation of existing R/W west of intersection. Impacts to utilities major · Construction schedule effected by utility relocations · Impacts to St. Agnes Church site approximately 2.6 Acres · Wetland Impacts minimal Would require design changes to 60% Plans (Cost not included) Cost for comparison = $1,099,000 Options Analysis: The total impacts to existing facilities, R/W, and wetlands are shown in the attached table. Recommendation: The following recommendation is in accordance with the tabulated results shown in the attached table: Option 2: Relocation of Vanderbilt Beach Road (to the south) - West of Collier Boulevard (CR 951) This option, while having the greatest impact to R/W and wetlands of the three options, has the least overall construction cost due to the minimal impact to utilities. The construction schedule will also be reduced due to minimal utility relocation. The additional cost of design will be offset by the required cost to design the utility, relocations. In addition to the cost savings, the selected alternative has no impact to the proposed St. Agnes Church facility. Additional Cost Savings Opportunities: Below is a list of potential, additional cost saving opportunities available to Collier County based on the selection of Option 2. Utilization of vacated R/W in the northwest quadrant for additional water storage/treatment · Vacate R/W in northwest quadrant for purchase by adjacent parcel · Combine VBR storm water runoff with St. Agnes Church storm water runoff in combined lateral ditch. This will fully utilize the R/W on north and provide sufficient storage and treatment for the Section of VBR from Collier Blvd. to the WTP which is the draina ~e basin divide. . AGENDA IT Fr,~l NO '~,, !) JUN 2 2003 pg -~_.~c, G:',DIRECTOR'S FOLDEF~XECUTIVE SUMMARIES\6-10-03 BCC MEETING\VANDERBILT BEACH ROAD~VBR_COLLIERBLVD_RELOCATION_£VAL AL ATT BDOC EXECUTIVE SUMMARY APPROVE AGREEMENT FOR THE PURCHASE OF PROPERTY FOR A PUBLIC UTILITIES' DIVISION OPERATIONS CENTER AT A COST NOT TO EXCEED $8,200,000 (LAND, BUILDINGS AND ASSOCIATED IMPROVEMENTS), PROJECT NUMBERS 73072 AND 70059. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, and Solar, L.C., a Florida limited liability company, formerly known as L & D Ventures, L.C. (Seller). The Agreement is for five acres located between Mercantile Avenue and Progress Avenue in Naples Production Park. The land is improved with two industrial/office buildings containing 86,400 square feet. CONSIDERATIONS: The purpose of this transaction is to acquire property to accommodate industrial and office facilities for the Division's Utility Billing and Customer Service functions, Water Distribution and Wastewater Collections operational functions, and other Public Utilities purposes. The property is centrally located, within the industrial zone, and has convenient signaled access to major north/south and east/west corridors. The existing buildings and infrastructure are considered to be suitable and adaptable for proposed uses, which uses are also compatible with surrounding industrial uses in the Naples Production Park. Rezoning, noise abatement, site development, and building construction costs (other than necessary renovations) should not be required, and the majority of the square footage in the facility will be available for immediate occupancy to relieve the seriously overcrowded and incompatible conditions existing at those facilities being currently utilized. The property was identified following an extensive investigation of over 35 available sites of sufficient size and within a defined mid-County area, resulting in a list of 14 potential sites being reviewed for consideration. The list was narrowed to six sites, which were prioritized based upon location and ease of access to major transportation corridors, zoning and neighborhood compatibility, site development and construction concerns, cost effectiveness, and adaptability for efficiency of on-going operations. The property, one of only two viable sites in the mid- County area that are currently zoned industrial, has been determined to be superior to other available properties in all categories considered. The purchase price for the facility is $5,900,000, and in addition, the County would be paying off a $36,200 sewer assessment against the property. Adequate public facility space to provide and conduct essential governmental services continues to be a major concern on and off the main campus. Acquisition of a centrally located Public Utilities Division facility that will house the Division's Billing and Customer Service functions, the Division's Water Distribution functions, and portions of the Division's Wastewater Collections functions will satisfy several outstanding space and utilization concerns. These concerns include: providing easy and effective access to customer services by the public. replacement of leased facilities with owned facilities, reduction of industrial functions * J[IN ? ~ 2003 EXECUTIVE SUMMARY SOLAR, L.C. PURCHASE Page 2 currently located in a residential area, and the opportunity to consolidate other functions for efficiency and cost savings. This proposed facility acquisition and consolidation would place core service functions, which have significant interaction, in one location. There are 41 full time employees (FIE's) in Billing and Customer Service, 56 FIE's in Water Distribution and 10 FTE's in the Wastewater Collections stake and locate section. These FTE's are currently located, respectively, on South Horseshoe Drive, Teryl Road (in the Glades Subdivision), and Shirley Street. The benefits for the public, in each area, are addressed below. Utility Billing and Customer Service: The Horseshoe Drive commercial area, out of necessity, has developed into a major off campus customer service hub for three of the Board's operating divisions. They are the Community Development and Environmental Services Division, the Public Utilities Division, and the Transportation Services Division. The Public Utilities and Transportation Divisions are in leased spaces on South Horseshoe Drive. In addition, out of necessity, the County has leased additional facilities to house a significant portion of the Sheriff's operations on Horseshoe Drive. Access into and out of this customer service hub is generally limited to one intersection located at South Airport- Pulling Road and North Horseshoe Drive. Citizens from East and South Naples often experience two to four traffic light cycles when they try to access the County governmental facilities on Horseshoe Drive. Parking for the public at the South Horseshoe Drive facility housing the Public Utilities and Transportation Divisions is in a continual stress environment. The Veteran Services clinic located in this complex has an extremely high traffic volume five days a week. The Metropolitan Planning Organization and other Board appointed advisory groups use this facility for committee meetings. Adjacent vacant lots are being used to park County vehicles. Water- Sewer District customers often circle the parking lot several times looking for a parking space. Frustrated customers will double park, so they can run in and conduct their business. The proposed facilities have faster and better access via three major arterials (Airport- Pulling Road, Livingsto~ Road, and Radio Road). This move will alleviate congestion on Horseshoe Drive. Customers coming from the north and/or the south will have several access points along each of the arterials. The current cost for rented space on South Horseshoe is $130,000 per year and has an annual escalation clause of 4%. That reflects a $1,638,000 reduction in rent over a 10-year period. JUN 2 2003 PG. EXECUTIVE SUMMARY SOLAR, L.C. PURCHASE Page 3 Water Distribution: The 56 Water Distribution FI'E's are currently located on Teryl Road, in the middle of the Glades Subdivision, in facilities acquired when the District purchased the East Naples water s~stem in 1986. There were 17,500 water and sewer customers in 1986. Today we have 50,000 customers. An existing water storage tank was converted to a warehouse for inventory and parts. The size of this facility requires that inventory and parts be maintained at extremely low levels, which reduces the advantage of buying in larger quantities. There are over 50 vehicles and numerous heavy excavation equipment/machines stored nightly on this one-acre site. The only access into and out of this storage complex is through the Glades residential subdivision. This move will significantly reduce the complaints from Glades residents about County vehicle traffic in that area. Water Distribution crews are, among other duties, responsible for restoring service when water mains break from either accidents or natural causes. Breaks can occur at any time, day or night. Crews need to come to this facility to get the equipment needed for repairs. Nighttime breaks always cause noise problems and complaints from the Glades residents. On a daily basis, Water Distribution crews are dispatched to various locations in the Water-Sewer District. The only access into and out of the Glades facility is Palm Drive. Palm Drive is very narrow, has many speed bumps, is strictly residential, and has high traffic volume due to vehicles accessing the main campus from the north. The outlets are to U.S. 41 and Airport-Pulling Road, which maintain high traffic volumes throughout the day. The existing Water Distribution facility, if this acquisition is approved, can be used for a variety of governmental purposes such as a neighborhood park, green space, etc. This proposed move makes sense from financial, operational and customer service perspectives for Water Distribution. The new location will allow faster, better and more timely access to the entire service area. Work crews will be able to reach work sites quicker, thus providing more direct on-site effort (less time in transit). Time saved is money saved. The proposed facility will provide the capability of significantly larger inventory and parts storage. Economic order point theory can be optimized. Wastewater Collections: Wastewater Collections is currently housed on 6019 Shirley Street in the North Naples Industrial Park. Access to the facility is off Pine Ridge Road. Currently the site houses 65 Wastewater Collections employees and over 40 County vehicles and pieces of equipment. The site is over crowded. Wastewater Collections will relocate the stake and locate section to the new facility to alleviate the over crowded site. This section has 10 employees with 10 County JUN 2 2003 EXECUTIVE SUMMARY SOLAR, L.C. PURCHASE Page 4 vehicles. In addition, Wastewater Collections will relocate critical emergency response equipment such as portable generators to the new site. This will centralize the water/wastewater stake and locate crew to an area that will allow them faster response time to customers. The emergency equipment relocation will also allow for quicker response time to system emergencies. The relocation of the stake and locate crews with emergency response equipment will free up much needed space at the Shirley Street site as the system grows. The proposed occupancy of this facility by Water Distribution, Wastewater Collections, and Utility Billing and Customer Service will require renovations to approximately 30,500 square feet (s.f.) in the existing structures; the balance of the available square footage in the facility may be utilized as is. Renovation is estimated to cost $1,555,500 (30,500 s.f. @ $51.00/s.f.). In addition, an estimated $670,800 will be required to provide communications infrastructure and fiber optic capability to the site. Therefore, the total cost of a usable facility associated with this acquisition would be $8,200,000 ($5,973,700 acquisition + $1,555,500 renovation + $670,800 communications and fiber optics). In comparison, the estimated cost for site development, construction and infrastructure for a facility of equivalent size would be $10,800,000 (86,400 s.f. @ $125.00/s.f.). This figure does not include the costs of acquiring adequate and available land; nor does it include communications and fiber optics costs. As a condition to this purchase, the County would be assuming fourteen tenant leases currently in force affecting approximately 21,600 square feet of space within the buildings. The duration of these leases is from one year to, in one instance, nine years. The assumption of these leases cannot be avoided and is purely incidental to the purchase of the property. It is felt that the inconvenience associated with managing these leases is far outweighed by the operational efficiencies and economies associated with establishing the operations center at this location, and that the location of the leased spaces within the buildings will not impair the operations and security of the facility. As the leases terminate, the vacated space will be available for future ~owth and expansion. The County Attorney's Office has given an opinion that there is nothing to prevent the County from assuming these leases provided that the purchase of this property and the coinciding assumption of the leases serve a valid public purpose. Estimated annual rental and common area maintenance income resulting from these leases is $178,000, which will decrease as leases terminate. As a further condition to this purchase, Seller will be allowed to hold over in occupancy of its currently existing suite of offices on the property ,~or a period not to exceed sixty days following closing of the purchase in order to accommodate the Seller's need to wind up its business at this location in an orderly fashion. Seller has agreed to indemnify the County against all risks associated with this hold over occupancy. Two independent appraisals were obtained. R & W Enterprises valued the property at $5,660,000 and Anderson & Carr valued the property at $5,900,000. Real Estate Services' staff Real Estate Appraiser places more reliability in Anderson & Carr's appraisal because they gave JUN ? q EXECUTIVE SUMMARY SOLAR, L.C. PURCHASE Page 5 equal weight to all three approaches of value (market, cost, and income) whereas R & W Enterprises relied heavily upon the sales approach. Even with these different approaches to value, which meet appraisal standards, the two appraisals only differ by 4.2 percent. Because the purchase price is based upon the higher of the two independent appraisals and not the average of those appraisals, approval of the Agreement will require an affirmative vote of not less than four members of the Board (supermajority vote). Staff has received a favorable environmental report from Collier County's Pollution Control Department. The attached Agreement has been reviewed and approved by the County Attorney's Office. The Warranty Deed and all associated closing documents will be reviewed by the County Attorney's Office prior to closing. The leases to be assumed and all associated assignment documents have been or will be reviewed by the County Attorney's Office prior to closing. This project is consistent with the 2002 Water and Wastewater Master Plan Updates approved by the Board of County Commissioners on February 25, 2003 as Agenda Item #10(A). FISCAL IMPACT: The total cost of acquisition should not exceed $5,973,700 ($5,900,000 for the property, $36,200 for the payoff of a sewer assessment against the property, $20,000 for appraisals, $1,500 for the Environmental Assessment/Site Audit, and approximately $16,000 for title commitments, title policies, and recording of related documents). Costs for renovation ($1,555,500) and communications ($670,800) are estimates only; savings could occur or additional costs may be incurred in subsequent budget years. Partial funding for the total obligation of $8,200,000 is available in and is consistent with the FY03 Capital Budget approved by the BCC on September 18, 2002. Current appropriations are identified in the County Water Capital Projects Fund (412), Public Utilities Operations Center-Water Distribution Project (70059) and the County Sewer Capital Projects Fund (414), Public Utilities Operations Center- Wastewater Collections Project (73072). Approval of budget amendments will be required whereby additional funds necessary for this obligation will be transferred to Project Number 70059 in the amount of $3,400,000 and to Project Number 73072 in the amount of $3,000,000. The source of funds is Water and Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There is no impac: to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, as the governing body of Collier County and as ex-officio the governing board of the Collier County Water-Sewer District, by approval of this Executive Summary: EXECUTIVE SUMMARY SOLAR, L.C. PURCHASE Page 6 1. Approve the attached Agreement for Sale and Purchase; and 2. Authorize Chairman Tom Henning to execute the Agreement on behalf of the County and the District; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and Direct staff to proceed to acquire the subject property, to follow all appropriate closing procedures, to have all leases assigned to the County, to accept the deed and assignment of leases, and to record the deed and all necessary documents (after approval by the County Attorney's Office) to obtain clear title to the property; and 5. Approve any and all required budget amendments. PREPARED BY: - DATE: Hans Russell, Property Acquisition Specialist Real Estate Services Toni A. Mott, Real Estate SupervisOr Real Estate Services REVIEWED BY: fi. _,t~VB --- DATE: ch~ies ~. Carrington, Jr., ~A, Manager Real Estate Services ~VIE~D ~~ ~~~' BY: ~n[R°driguez, Interim ~ec[or Facilities Management Department DATE: REVIEWED BY: /~f/~'~"~/ /2~~e'~ ~ /~'~//~ Harry I~ber, Sr. Projeo{ Manager Public Utilities Engineering Department DATE: JUN 2 6 2 C3 EXECUTIVE SUMMARY SOLAR, L.C. PURCHASE Page 7 BY: Pamela ~bby, Manager Water Distribution REVIEWED BY: /~/~ ~~-'-- R°~/B. Anderson, P.E., Director Public Utilities Engineering Department Joh~Yonkosky, D~c-~o r ~ Utilit~ Billing and Customer Service REVIEWED BY: REVIEWED BY: Joseph Cheatham, Director Wastewater Department Paul Matfausch, Director Water Department :/ Sl~p~amp, Interim b. dministrator Administrative Services Division APPROVEDBY:~.~?__]~"~· 5~ 1~ ~ J Jalines W. DeLo"~:, P~-E., Admi~/istrator lic Utilities Division / DATE: DATE: ~/\-~ fC"~ DATE: DATE: DATE: ,' ' __ AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Solar, L.C., a Florida limited liability company, formerly known as L & D Ventures, L.C. (hereinafter referred to as "Seller"), and the Board Of County Commissioners Of Collier County, Florida, As The Governing Body Of Collier County And As Ex-Officio The Governing Board Of The Collier County Water-Sewer District (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing 1he Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set fodh, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A", together with all rights, privileges, tenements, hereditaments, and appurtenances pertaining to the land and alt buildings, structures and other improvements now and hereafter situated upon the land. Il. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Five Million, Nine Hundred Thousand and no/100 Dollars ($5,900,000.00) (U.S. Currency) payable at time of closing. 2.011 In addition to the purchase price, Purchaser shall assume the sewer assessment remaining on the Property as of the date of closing, in an amount not to exceed Thirty-nine Thousand, Seven Hundred Eighty-two and 69/100 Dollars ($39,782.69). III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and five (105) days following execution of this Agreement by the Purchaser, which date of execution shall be no later than June 25, 2003, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: JUN 2 D3 I 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Properly, free and clear of ali liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 A Closing Representative Statement. 3.0116 Such evidence of authority and capacity of Seller and its representatives to execute, acknowledge and deliver this Agreement, and all other documents as may be required to consummate the transaction contemplated hereby, as Purchaser's counsel and/or Purchaser's title company may reasonably determine. 3.0117 All documents and documentation required pursuant to Article Vlll hereinbelow. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Adicle III hereof, shall be subiect to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date upon which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shaft be conditions precedent to the Closing: 4.011 Within fifteen (15) days after the date hereof, Purchaser shaft obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any obiection to tiUe other than liens evidencing monetary obligations, if any, which obligations sha}i be paid at closing, if the title commitment contains ex,:eptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shatl have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shalt use its best efforts to make such title good and marketable. In the event Seller is unable to cure said obiections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Ftodda. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisals in order to determine the value of the Property pursuant to the requirements of Florida Statutes, s.125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisals, Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, the Purchaser is required to approve the purchase by an extraordinary vote (4-1) at a duly noticed public meeting. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("inspection Period"), to determine through appropriate investigation that: 6.011 Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 6.012 There are no abnormal drainage or environmental requirements to the development of the Property. 6.013 The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 6.014 The Property can be utilized for its intended purpose. 6015 All structures and improvements on the property are sound, and all systems, fixtures and appliances are in good and safe operating condition. 6.016 A telemetry transmission/reception tower will be permissible for installation upon the Property. 6.017 The intended use of the Property as a public utilities operation center will be permissible under existing zoning and planning regulations. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the results of its inspection and investigations, Purchaser shall deliver to Seller copies of all engineering reports, structural and systems inspection reports, and environmental and soil testing results commissioned by Purchaser with respect to the Properly. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation and inspections. Purchaser shall, in performing such tests, investigation and inspections, use due care not to damage the property in any manner. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to any said inspection of the Property. VII. iNSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing, and Seller shall assist Purchaser in obtaining tenants' cooperation in the performance of these inspections. VIII. POSSESSION, EXISTING LEASES AND OCCUPANCY 8.01 Purchaser shall be entitled to full possession of the Property at Closing, excepting only those tenants in possession under those existing leases set forth in Exhibit B, attached hereto and made a pad hereof by reference, or any lesser number of them remaining at the date of closing, and excepting the Seller as provided in Section 8.08 below. 8.02 At Closing Seller shall execute, acknowledge and deliver to Purchaser, in recordable form, a valid and enforceable assignment of all of the aforesaid leases and the rents, taxes and assessments associated therewith. Rents, taxes, assessments and other expenses pedaining to the property shall be prorated between Seller and Purchaser at closing based upon the applicable period, and Seller shall be responsible for payment, at closing, of all taxes, assessments and other expenses pertaining to the property to and including the date of closing. 8.03 At closing Seller shall pay over to Purchaser any and all security deposits and pre-paid rents held on account of those tenants in possession as shown on Exhibit B. 8.04 Within thirty (30) days of the effective date of this Agreement, Seller shall provide Purchaser with acceptable proof that all leases are in good standing and not in default and, specifically, that all tenants have procured and are maintaining policies of insurance as set forth in their leases and that the indemnities of said policies may be assigned to Collier County as Landlord. Seller further agrees, within said thirty (30) day period, to permit Purchaser to inspect Seller's rental receipts (rent rolls) for the past two (2) years for all current tenants subject to written leases, and to review repair and mairtenance records for the buildings and other improvements upon the property, an~ Purchaser's performance hereunder shall be contingent upon the acceptability of said inspection and review. 8.05 At the time of closing, with the exception of those areas occupied in accordance with those leases set forth in Exhibit B, the property will be delivered to Purchaser broom clean and free from all occupants, including holdover tenants and/or month to month occupants, and their possessions, and the structures, systems and other improvements will be in the same condition as existed at the time of Purchaser's structural and systems inspections, reasonable wear and tear resulting from customary use and corrections to discovered defects excepted. 8.06 Pedormance by Purchaser hereunder is conditioned upon a satisfactory determination and opinion from the County Attorney's Office that Collier County may assume the leases set forth in Exhibit B, which said determination shall be made within sixty (60) days following execution of this Agreement by the Purchaser. 8.07 At or before closing, Seller shall provide to Purchaser Estoppel Letters from all current tenants subject to written leases, including attornment provisions and in form and content acceptable to Purchaser's counsel. 8.08 Purchaser shall permit Seller to hold over in occupancy of Seller's suite of offices on the second floor of 4420 Mercantile Avenue for a period not to exceed sixty (60 days) following Closing. Seller agrees to bear all risks and costs occasioned by said hold over period, and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all damages, claims, liabilities and costs asserted against, imposed on or incurred by Purchaser in connection with Seller's occupancy of its offices. IX. PRORATIONS 9.0t Ad valorem taxes next due and payable, after closing on the Properly, shall be prorated at Closing based upon the gross amount of 2002 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, JUN 2 4 2003 · covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and neither pady shall have any further liability or obligation to the other except as set forth in paragraph 13.01 (Real Estate Brokers) hereof. 10.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of lhe padies. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, cedified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. This provision does not alter the Purchaser's assumption of the leaseholds detailed in Exhibit B hereto. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Properly or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Properly or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 To the best of Seller's knowledge: Seller represents that there are no incinerators, septic tanks or cesspools on the Properly; all waste, if any, is discharged into a public sanitary sewer system. Seller represents that it has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Property or potential ol ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, cor,struction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 To the best of Seller's knowledge, there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Properly and not to do any act or omit to perform any act which would change the zoning or physical condition of the Properly or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the Property which may restrict or change any other condition of the Properly. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasseding the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts.* This provision and arising ~rom the existence, on the ~roper+.y prior to closing of any hazardous substances as defined in rise Act. ~ JUN the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xll. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered or certified mail, or overnight delivery service, return receipt requested, postage and fees prepaid, addressed as follows: If to Purchaser: With a copy to: Hans Russell Real Estate Services Administration Building - 4~h Floor 3301 Tamiami Trail East Naples, Florida 34112 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: With a copy to: Lawrence B. Taishoff Solar, L.C., a Florida limited liability company 4420 Mercantile Avenue Naples, Florida 34104 Kathleen C. Passidomo Kelly, Passidomo, AIba & Cassner, LLP Suite 305 2640 Golden Gate Parkway Naples, Florida 34105 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. For purposes of notice requirements herein, notice shall be deemed given upon receipt. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall inde:nnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees lo pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XlV. MISCELLANEOUS 14.01 This Agreement may be executed in any number of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies and shall inure to the benefit of and be binding upon the padies hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the padies hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 if any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Setler is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited padnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.11 This Agreement will be effective as of the date of Purchaser's execution of this Agreement. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. IN WITNESS WHEREOF, the padies hereto set forth their hands and seals. Date Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk 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 , Deputy Clerk BY: Tom Henning, Chairman AS TO SELLER: DATED: ~"-/,~ =~/0 WITNESSES: (Pr6t~ NI~eEJ ' (Signature) (Printed Name) SOLAR, L.C., A FLORIDA LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS L & D VENTURES, L.C. BY: ,' _ .,...Z/ Y (Please Print Name and Title Beneath Signature Line) Approved as to form and legal sufficiency: u"J~llen T. Chadwell Assistant County Attorney AG£f4~A JUN 2 q 2003 ~. /7 EXHIBIT A Being all and the same lands and premises as were conveyed to L & D Ventures, L.C. (now known as Solar, L.C.) by Warranty Deed of LeNoir E. Zaiser dated January 12, 1996 and recorded January 17, 1996 at O.R. Book 2139, Page 0310, Collier County, Florida, and described on Exhibit "A" of said Warranty Deed as follows: East V2 of the North 658.60' of the South 2005.80' of the West 1/2 of the East 1/2 of the West 1/2 of the Northeast 1,4, Section 36, Town- ship 49 South, Range 25 East, Collier County, Florida; AND West 1/2 of the North 658.60' of the South 2005.80' of the East of the East 1/2 of the West '/2 of the Northeast IA of Section Township 49 South, Range 25 East, Collier County, Florida. And being Collier County Parcel D number 00276200003 containing five (5) acres. more or less, as improved, at 4375 Progress Avenue/4370 Mercantile Avenue and 4425 Progress Avenue/4420 Mercantile Avenue, Naples, Florida. /0 _/a JUN 2 q 2D ,3 SLS~IMARY OF LEASES I'EXHIBIT PAGE t OF Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Suites 8,9 & 10 (East side, first floor, east bldg.) Business Communications, Inc. Office space $1868.80 $954.00/month (Includes Tax) increasing by 5%/year 02/23/06 Option for one year; to 02/23/07 Lease includes use of Suite 6 as shared conference room. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Bay 99 Bully's Wholesale Division, Inc. Bakery $1316.20 ($500.00 + $816.20 Last Mo. Rent) $982.23/month (Includes Tax and CAM) plus utilities (Increasing to $1020.21 6/1/03) 05/31/04 Option clause left blank "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fees. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Unit 101 Collier County Storage and sale of surplus property $625.00 (Last Mo. Rent) $7725.00/year plus $210.00/month CAM plus utilities 8,: janitorial 10/31/03 (May be terminated by Tenant upon 60 days notice) Option for one year; to 10/31/04 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and common area expenses. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Suite 11 (First floor, east bldg.) Serefex Corp. Office space $418.00 ($100.00 + $318.00 Last Mo. Rent) $318.00/month (Includes tax) 05/31/04 Option for one year; to 05/31/05 ,0. /0 ~ ,~ _ JUN 2 zGO3 o Unit: Tenant: Use: Security: Rent: Termination: Renewal' Remarks: EXHIBIT ~ PAGE ' ~ OF Bays 413 and 406 Al's Custom Fab (Albert Rothermel) Metal fabrication, storage and office $2838.04 ($1000.00 + $1838.04 Last Mo. Rent) $1838.04/month (includes tax and CAM) increasing by 5%/year, plus utilities 04/30/04 Option for one year; to 04/30/05 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Bay 409 Power Coatings Unlimited Sand Blasting Shop Painting and storage $1199.60 $885.22/month (includes tax and CAM) increasing by 5%/year, plus utilities 07/31/03 Option for three years; to 07/31/06 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. Unit: Tenant: Use: Security: Rent: Termination: Renewal' Remarks: Suite 4 (First floor, east bldg.) Serefex Corp. Office space 5418.00 ($100.00 + $318.00 Last Mo. Rent) $318/month (includes tax) increasing by 5%/year, plus utilities 03/31/04 Option for one year; to 03/31/05 None o Unit: Tenant: Use: Security: Rent: Term/nation: Renewal: Remarks: Bays 404 and 411 Albert J. Speach Automobile detailing and storage $2035.20 (Last Mo. Rent) $2035.20/month (includes tax and CAM) increasing by 5%/year, plus utilities 05/31/03 Option for one year; to 05/31/04 (Not exercised) "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: EXHIBIT ~ PAGE ,-~ OF Bay 102 Twin Lights Publishers, Inc. Office, storage of books & other business related work $1295.00 ($500.00 + $795.00 Last Mo. Rent) $890.40/month (includes tax and CAM) increasing by 5%/year, plus utilities 10/31/03 Option for one year; to 10/31/04 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. 10. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Bay 110 Aero Marine Technologies, Inc. Aircraft Parts $699.60 $923.79/month (includes tax and CAM) increasing by 5%/year, plus utilities 09/30/03 Option for one year: to 09/30/04 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. 11. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Bay 112 Aldo's Pizza Shack, LLC Restaurant take out $1464.60 ($500.00 + $964.60 Last Mo. Rent) 5964.60/month (includes tax and CAM) increasing by 5%/year, plus utilities 12/31/05 Option for one year; to 12/31/06 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. 12. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: Bays 401 & 402 and Units 4C & 4D Angela's Marble & Tile, Inc. Tile and Marble sales $2525.50 $3188.48/month (includes tax and CAM) increasing by 5%/year, plus utilities 09/30/07 Option for five years; to 09/30/12 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. i J U N ? fl 13. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: 14. Unit: Tenant: Use: Security: Rent: Termination: Renewal: Remarks: I EXHIBIT PAGE q OF Bay 408 and Units 4 A&B Spyglass Construction & Remodel, Inc. Storage & other business related work for general & subcontractor $1663.00 $2268.73/month (includes tax and CAM) increasing by 5%/year, plus utilities 02/28/06 Option for three years; to 02/28/09 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. Bay 104 Millennium Auto Upholster/Pedro B. Guadalure Auto upholstery $1321.50 $953.00/month (includes tax and CAM), plus utilities 10/31/03 Option for one year; to 10/31/04 "CAM" includes pro-rata real estate taxes, insurance, water, sewer and trash removal charges, and management fee. .o. 10 _ T JUN 2 q 2003 EXECUTIVE SUMMARY APPROVE THE EXPANSION OF THE PREVIOUSLY APPROVED FOUR LANE PORTION OF THE GOODLETTE FRANK ROAD PROJECT, FROM CENTER STREET TO ORANGE BLOSSOM DRIVE, TO A SIX LANE PROJECT AND APPROVE THE EXTENDED USE OF TI4E PREVIOUSLY APPROVED CONTRACTOR AND CONSULTANTS, AJAX PAVING INDUST~S, INC., JOI~NSON ENGINEERING, INC. AND PBS&J, INC., PROJECT NO. 60134. OBJECTIVE: To receive Board approval to expand the current approved four-lane portion of the Goodlette Frank Road Project, from Center Street to Orange Blossom Drive, to a six-lane project. In addition, approve the extended use of previously approved contractor and consultants, Ajax Paving Industries, Inc., Johnson Engineering, Inc. and PBS&J, Inc. CONSIDERATION: The original Goodlette Frank Road project, fi'om Pine Ridge Road to Vanderbilt Beach Road, was approved by the Board of County Commissioners on October 22, 2002, item 10(C) and awarded to Ajax Paving Industries, Inc. in the amount of $12,495,051.66. Prior to this, the Board had approved Johnson Engineering, Inc. contract for design services on October 21, 1997, item 16.B.9. The Board also approved the award of the CEI services to PBS&J, Inc. on September 24, 2002, item 16.B.2. The current project is scheduled as an aggressive two-year project and with the growth in the area surrounding this project, six lanes would be needed shortly after the completion of the project. In addition, by adding the two additional lanes at this time, we can take advantage of 2002 pricing as well as not having additional costs in the future for mobilization and maintenance of traffic. Also, if we were to construct the two additional lanes in the future, the inconvenience to the driving public would be compounded by the need to close down one of the two lanes in each direction to do the construction. The additional anticipated construction, CEI and design costs are approximately $470,000. If constructed at a separate project in 2005, the anticipated cost would be approximately $625,000 due to increase in material costs, mobilization and maintenance of traffic. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $470,000 from the Transportation Supported Gas Tax Reserve Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the expansion of the portion of the Goodlette Frank Road project, from Center Street to Orange Blossom Dive, from a four lane section to a six lane section, and approve the extended use of Ajax Paving Industries, Johnson Engineering, Inc. and PBS&J, Inc. SUBMITTED BY: Transportation Engineering & Construction Management Department staff APPROVED ", - ' . ----. ~- '-'~-'~' Project Manager I4~nn R Thorpe, P E Pnnc~pal T.E.C.M.D. , G~eg,g K~. S-trakaluse, Director, T.E.C.M.D. DATE: Steve Camell, Director Purchasing/General Services APPROVED B5: ,/ Norman E. Feder, AICP, Administrator Transportation Division DATE: DATE: EXECUTIVE SUMMARY APPROVE GUARANTEED MAXIMUM PRICE (G.M.P) OF $34,402,176 FOR CONTRACT NO. 98-2829, AMENDMENT #4 TO KRAFT CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE PROPOSED NAPLES JAIL ADDITION AND RENOVATION, PARKING DECK AND CHILLER PLANT EXPANSION. OBJECTIVE: To award Contract No. 98-2829, Amendment No. 4, construction of the Naples Jail Expansion and Renovation, Parking Deck and Chiller Plant Expansion to Kraft Construction Company, Inc. CONSIDERATIONS: On January 12, 1999, Agenda No. 16.D.12 was approved and the Board awarded Kraft Construction, Inc. a contract for Construction Manager At Risk for the construction of the 4~ Floor of the Courthouse and the Immokalee and Naples Jail Facilities, Contract No. 98-2829. Construction is complete on the 4th Floor of the Courthouse and the Lmmokalee Jail. Construction is about to begin on the Naples Jail Addition. Renovation and Parking Deck. The Parking Deck, which was to be built as part of the Courthouse Annex. is being built to accommodate 386 additional required parking spaces and Sheriff's impounded inventory tapproved June 25, 2002, Agenda No. 16.E.5). The attached contract amendment reflects the changes recommended by the County Attorney's Office and was reviewed by the Clerk of Court' s Office. FISCAL IMPACT: A $200,000 budget amendment is needed to increase the Naples Jail prqiect 52008 and to reduce the Correctional Facilities Impact Fee reserves. The Agreement with Kraft Construction. Inc was negotiated as follows: Services during Construction Phase is five percent of the G.M.P. The G.M.P was negotiated to be 534,402.176. The fee for construction services is Sl,720,109. The G.M.P is the construction portion of a total Project Budget of $46.000.0{)0. The G.M.P will be adjusted by change order at a later date. when the design is completed on the following: 1. BuiLd out of the third story of the Jail - estimated to be S3,500,000 2. Repair stucco of existing Jail - estimated to be $2~000,000. The above estimates have already been included in total Project Budget. The award of this contract is subject to the County securing financing from a sales tax revenue bond. Althouzh sales taxes will be pledged for the repayment of the bond, we intend on using Correctional Facilities impact fees (86%- representing the expansion of the jail) and General Fund (14% - representin~o the repair and renovations of the existing jail) to retire the debt. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Integrative Corrections Su:ategic Development Plan. RECOMMENDATIONS: That the Board of County Commissioners award Amendment 4. RFP #98-2829. to Kraft Construction Company, Inc., authorize the Chairman to sign an agreement with Kraft Construction Company, Inc. after review by the County Attorney's Office and to approve the necessary budget amendment. PREPARED By: i//~r~ ,/J~agk Cro~nale. Construction Manager //epartm~nt of Facilities Management DATE: Executive Summary Contract No. 98.2829 Page 2 REVIEWED B 5~_niel/Roc~nauez' In~,~ctor Department of Fa~aties Management DATE: REViEWEDBY:~C~)'~ ~, [ Stephen Y. Camell, Director Purchasing Department REVIEWED BY~:~ Administrator Administrative Services Division DATE:' DATE: / 2003 /O AGREEMENT BETWEEN AMENDMENT ~ T ~ · OWNER AND ~ONSTRUCTION MANAGER Pursuant to Sections 4B and 7A of the Agreement. dated January 12. 1999 between Collier CounB', Florida, a body politic. Collier Count', Florida ("Owner") and Kraft Construction Co. Inc. ("Construction Manager"). for management and construction Renovation and Expansion Naples Jail Center_("Project"), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below and further amend the Agreement as provided in Article 3 hereof. ARTICLE I GUARANTEED MA. XIMUM PRICE Construction Manager's Guaranteed Maximum Price for the Work. including the estimated Cost of the Work of the Project as defined in Section 5 and the Construction Manae. er's Fee as defined in Section 4. is Thinx' Four Million. Four Hundred Tv,'o ThouSand. One Hundred Seventy Six Dollars ($34.402.176.00). This Price is for the performance of the Work of the Project in accordance ~'irh the Contract Documents listed and attached to this )m~endment and marked A::achments 1 through 5 as follows: Attachment No. Description Pages Dated Drawings, Specifications. Addenda and General. SupplementaD' and other Conditions of the Contract on which the Guaranteed Maximum Price is based. * thru *See Attachment ~1 dated June 5..~00~. Pages~-~1 thru and including #9. Allowance Items and Assumptions and Clarifications made in preparing the Guaranteed Maximum Price. 1 thru I Rex,. 6-2-03 1 thru 1 Rex'. 6-2-03 3 Completion Schedule. 1 thru 6- i 1-03 6-6-03 N/A 4 Alternate Prices or Value Engineering. 1 thru 1 5 Unit Prices. thru ARTICLE 2 CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date the date of Substantial Completion of the Work of the Project is 809 days ("Contract Time"). ARTICLE 3 The following additional vrovisions apply to the Agreement and shall form a part of it with respect to the Project that is the subject matter of this Amendment ~. A. It is acknowledged that Construction Manager's project manager receives a vehicle reimbursement allowance in addition to his salary and benefits. Dunng the term of the Project his vehicle allowance will be a reimbursable cost of the Work. B. Exhibits "F' and "N" to the Agreement are hereby replaced. Replacement Exhibits "r' and "N" attached hereto, and noted as such, are herebv substituted for Exhibits "I" and "N" to the A~eement,tp be utilized and applied with respect to the Project that is the subject matter of this Amendment~:~. The rental of this equipment from Construction Manager by this method and at these rates is approved notwithstanding any further provision of the Agreemenvcontract documents to the contrary. Furthermore, entitied to reimbursement, as a cost of the work of the Project that is the subiect~ of this Amendment~ff. for necessary supervisory and administrative staff providing direct se~'ices for the work of the Project that is the subject o5 this Amendment~but not necessaz-ily located a; the site of such work ~'hen such serx'ices are provided. C. Attachments No. 2 and No. 4 to this Amendment No. ~g'constitute modifications and revisions to the drawings, specifications and plans that are themselves attached as Attachment No. 1. In the case of Attachment No. 4, only the items coded with the letter "Y" under the column 'Accept' are incorporated. All other alternatives have been considered by Owner and rejected by it, as indicated by the letter "N". They are not part of the Project. D. The Owner reserves the right to purchase the material and equipment to be included in the Project that is the subject matter of this Amendment?ff directly from vendors selected by Contractor in order to enable Owner to utilize ~ts exempt status to avoid the payment of othem'ise applicable sales tax. Prior to doing so. however, the parties must enter into a subsequent amendment to the a~eement in order to establish the procedures that will be followed, the tracking of materials and the accounting for materials against the costs of the work for the Project under the A~eement and the reduction of the Guaranteed Maximum Price by the amount of the sales tax. Owner shall take the initiative to prepare any such subsequent amendment prior to requesting that Contractor a~ee to such direct material purchases and arrange for necessary approvals to such amendment. ATTEST: TWO WITNESI'ES: Fir~ Withes t DATE: A,TI'F.~T: CONSTRUCTION I~%NAOER KRAFt CONSTRUCTION co. INC. Robert L. Carsello, Chairman COO OWN-ER~ BOARD OF COUI~fY COMMISSIONERS OF COLLIEP, COU1NTY: Dwight B. Brock Clc~k BY: BY: Tom N~nuing, Omirmm Approved As To Fon~ ~ L~gal Attachment # 1 June 5, 2003 Mr. Jack Crognale. Construction Manager Facilities Management Collier Count~ Government 3301 East Tamiami Trail Naples. Florida 34112 RE: Expansion and Renovation to the Naples Jail Center Dear ~lr. Crognale, in accordan:e with tile Co:..~truction Documents prepared by AEC National Inc. and enumerated on the attached list of documents, we are pleased to submit the guaranteed maximum price of 534.402.176.00 for the above referenced pro. iect. This GMP price includes the four phases of'the project: the Expansion Building. the Parking Garage. the Renovatiof~ to the Existing Jail-Building "J" and the Chiller Plant upgrade. Ti~e price for each of these phases are itemized on the attached "GMP Cost Reviexv" sheet. This GMP is predicated also on the attached list of "Clarifications. Allowances. Value Engineering & Alternates Phc,,= . Once you have reviewed the attached material, we will prepare the necessary Addenaum for our County Construction Phased Contract and will submit it to you in the next couNe of days. If you should have any questions, please give me a call. Best regards, KRAFT CONSTRUCTION COMPANY, INC. Thomas E. Williams Executive Vice President TEW:jm enc Drive S. Naples. Flomda 34104 ° [23~) 543-6OO0 · Fa~. [239] 643-00951 ~_606512120~°rsesh°eMetro ParKway. Su,te ~I 7 · FortMyers, Flor,da 33912. (23~) 561-5181" Fbx (2::1~ ....... 5Sl-512~ ~.~ ~105~ Tamiami Trail N · Sa~asota. Florida 342313 ° (S41] 330-~0 ° www. k:~a~:onstr'~ ct~on · corn NAPLES JAIL CENTER GMP Cost Review Revised June 12, 2003 Attachment #1 Naples Jail Center Expansion: Three Story Jail Expansion with 3rd Story Shell Renovation of Existing Building J: Renovate Partial .Area of Existing Building J Parking Garage: Parking Garagc and Evidence Storage Area Upgrade Chiller Plant: Expansion of Ice Storage Capacity Total: $20.551.014.00 S 3.057.467.00 $ 8.847.131.00 1.946.564.00 '$34,402.1/6.00 *See Attached Clarifications. Allowances. Value Engineering & Alternate Pricing 12606 Horseshoe [Drive S. · Naples, Florida 34104 · (239) 643-6000 · Fax1' ~ 12125. [~etro Parkway, Suite I I 7 · Fort Myers, Florida 33S12 · (239) 561-5181 · F~ ~10583 Tam,ami Trail N · Sarasota. Florida 34236 · [[341] 33:D-899© · Fa>: vvx,¥W, kc8 ftoonstructlOO. [239) 643-00~O X(23~3156q:512_q 7 ATTACHMENT NLq~IBER 1 DATED JUNE 5, 2003 Naples Jail Center Expansion and Renovation Architect: AEC National Project - Naples Jail Center- 9819-004 EXPANSION List of Documents GENERAL C.S. (TITLE) COVER SHEET A0.1 INDEX~ SYMBOLS, LEGEND & ABBREVIATIONS A0.2 FIRST FLOOR LIFE SAFETY PLAN A0.3 CIVIL/LANDSCAPING CIVIL/LANDSCAPING C2.01 AERIAL PHOTOGRAPH AND LOCATION MAP C2.02 C2.03 C2.04 C2.05 C2.06 C2.07 C2.08 C2.09 C2.10 C2.11 C2,12 EXISTING SITE PLAN EXISTING SITE DEMOLITION PLAN MASTER DEVELOPMENT PLAN MASTER PHASING PLAN MASTER DRAINAGE PLAN MASTER UTILITY PLAN EROSION CONTROL AND DETAILS PAVING, GRADING AND DRAINAGE DETAILS FENCE AND PRIVACY WALL DETAILS WATER DETAILS SANITARY SEWER DETAILS LANDSCAPE L-1 SDP LANDSCAPE LEGEND. NOTES & DETAILS L-2 LANDSCAPE PLANTING PLAN L-3 LANDSCAPE IRRIGATION PLAN L-4 GARAGE PLANTING AND IRRIGATION PLAN ARCHITECTURAL AD.01 ARCHITECTURAL DEMOLITION SITE PLAN A1.10 A1,11 A1.12 A1.13 A1.14 A1.15 A1.16 A1.17 FIRST FLOOR PLAN FIRST FLOOR FINISHflNALL TYPE PLAN FIRST FLOOR PLAN - SALLY PORT & CONNECTORS AND PENTHOUSE PLANS FIRST FLOOR PLAN - SALLY PORT & CONNECTORS AND PENTHOUSE PLANS SECOND FLOOR PLAN SECOND FLOOR FINISHflNALL TYPE PLAN THIRD FLOOR PLAN THIRD FLOOR FINISH/WALL TYPE PLAN A1,20 ROOF PLAN A1,21 SALLY PORT AND CONNECTORS ROOF PLAN A2.01 A2.02 A2.03 A2,04 FIRST FLOOR SIGNAGE PLAN SALLY PORT AND CONNECTORS SIGNAGE PLAN SECOND FLOOR SlGNAGE PLAN THIRD FLOOR SlGNAGE PLAN A2.10 A2.11 A2.12 DOOR SCHEDULE / DOOR TYPES DOOR SCHEDULE / DOOR TYPES DOOR SCHEDULE / DOOR TYPES Pa~e No. ! A2.20 WINDOW SCHEDULE / WINDOW TYPES A3.01 A3.02 A3.10 A3.11 A3.12 BUILDING ELEVATIONS BUILDING ELEVATIONS BUILDING SECTIONS BUILDING SECTIONS BUILDING SECTIONS A3.20 A3.21 A3.22 A3.23 A3.24 A3.26 A3.27 EXTERIOR WALL SECTIONS EXTERIOR WALL SECTIONS EXTERIOR WALL SECTIONS EXTERIOR WALL SECTIONS EXTERIOR WALL SECTIONS EXTERIOR WALL SECTIONS EXTERIOR WALL SECTIONS A4.01 RESTROOMS, ENLARGED PLAN & ELEVATIONS A4.02 RESTROOMS, ENLARGED PLAN & ELEVATIONS A4.03 RESTROOMS ENLARGED PLAN & ELEVATIONS A4.04 RESTROOMS. ENLARGED PLAN & ELEVATIONS A4.05 RESTROOMS, ENLARGED PLAN & ELEVATIONS A5.01 MILLWORK, ENLARGED PLAN & ELEVATIONS A502 MILLWORK, ENLARGED PLAN & ELEVATIONS A5.03 M1LLWORK, ENLARGED PLAN & ELEVATIONS A5.04 MILLWORK, ENLARGED PLAN & ELEVATIONS A5.05 MILLWORK, ENLARGED PLAN & ELEVATIONS A5.10 LOCKERS, ENLARGED PLAN & ELEVATIONS A5.20 MILLWORK DETAILS A6.01 A6.02 A6.03 A6.10 FIRST FLOOR REFLECTED CEILING PLAN FIRST FLOOR SALLY PORT, CONNECTORS REFLECTED CEILING PLAN SECOND FLOOR REFLECTED CEILING PLAN REFLECTED CEILING / SOFFIT DETAILS A7.01 A7.02 A7.03 A7.04 A7.05 STAIR #14 ENLARGED PLAN & SECTION STAIR #15 ENLARGED PLAN & SECTION STAIR #16 ENLARGED PLAN & SECTION STAIR #17 ENLARGED PLAN & SECTION STAIR #18 ENLARGED PLAN & SECTION A7.06 STAIR #18 ENLARGED PLAN & SECTION A7.07 STAIR #19 ENLARGED PLAN & SECTION A7.15 SHIP LADDER TYPES A7.20 ELEVATORS, ENLARGED PLAN & SECTIONS A8.01 A8.02 A8.03 A804 A8.05 A9.01 A9.02 A9.10 CANOPY PLANS EXTERIOR DETAILS EXTERIOR DETAILS EXTERIOR DETAILS FOUNTAIN DETAILS INTERIOR WALL TYPES INTERIOR WALL TYPES EXTERIOR WINDOW DETAILS Page No. 2 A9.11 SECURITY FRAME DETAILS A9.12 SECURITY FRAME DETAILS A913 SECURITY FRAME DETAILS A9.15 STANDARD FRAME DETAILS A9.20 SECURITY FURNITURE DETAILS A9.21 SECURITY FURNITURE DETAILS STRUCTURAL S1.0 GENERAL NOTES & SCHEDULES S1.1 OVERALL DIMENSION PLAN S2.0 FOUNDATION PLAN S2.01 FIRST FLOOR INTERMEDIATE FRAMING PLAN S2.10 SECOND FLOOR FRAMING PLAN S211 SECOND FLOOR REINFORCING PLAN S2.20 THIRD FLOOR FRAMING PLAN S2.21 THIRD FLOOR REINFORCING PLAN S2.30 ROOF FRAMING PLAN S2.31 PARTIAL HIGH ROOF FRAMING PLANS S2.32 PARTIAL PLATFORM FRAMING PLANS S2.4 PARTIAL PLATFORM FRAMING PLANS S3.0 TILT-UP PANEL ELEVATIONS AND DETAILS S3.1 TILT-UP PANEL ELEVATIONS AND DETAILS S32 TILT-UP PANEL ELEVATIONS AND DETAILS S3.3 TILT-UP PANEL ELEVATIONS AND DETAILS S3.4 TILT-UP PANEL ELEVATIONS AND DETAILS S3.5 TILT-UP PANEL ELEVATIONS AND DETAILS S3.6 TILT-UP PANEL ELEVATIONS AND DETAILS S37 TILT-UP PANEL ELEVATIONS AND DETAILS S3.8 TILT-UP PANEL ELEVATIONS AND DETAILS S4.0 DETAILS AND SECTIONS S5.0 S5.1 S5.2 S5.3 S5.4 S5.5 DETAILS AND SECTIONS DETAILS AND SECTIONS DETAILS AND SECTIONS DETAILS AND SECTIONS DETAILS AND SECTIONS DETAILS AND SECTIONS MECHANICAL M0.1 HVAC LEGEND, NOTES AND INDEX M1.1 FIRST FLOOR PLAN ADDITION HVAC M1.2 HVAC 2ND FLOOR PLAN ADDITION M1.3 THIRD FLOOR PLAN ADDITION HVAC M1.4 HVAC ROOF PLAN ADDITION M2.1 M2.2 .M3.1 M3.4 M3.5 M3.6 1/4" SCALE MECH ROOM PLANS 1/4" SCALE MECH ROOM SECTIONS HVAC CONTROLS M3.2 HVAC CONTROLS M3.3 HVAC CONTROLS HVAC CONTROLS CONTROL DIAGRAMS, SMOKE CONTROL EXHAUST FAN RISER DIAGRAM Page No. 3 M4.1 HVAC DETAILS M4.2 HVAC DETAILS M5.1 SCHEDULES HVAC M5.2 SCHEDULES HVAC PLUMBING P1.0 PLUMBING P1,1 PLUMBING P1.2 PLUMBING P1.3 PLUMBING P1.4 PLUMBING COVER SHEET FIRST FLOOR PLAN 2ND FLOOR PLAN 3RD FLOOR PLAN ROOF PLAN P2.0 SITE PLAN PLUMBING P3.0 PLUMBING DETAILS P3.1 PLUMBING DETAILS P4.0 2ND FLOOR - ENLARGED PLAN P4.1 FUTURE 3RD FLOOR AND SECURITY VALVE LOCATION P5.0 PLUMBING RISERS P5.1 PLUMBING RISERS FIRE PROTECTION F1.0 FIRE PROTECTION COVER SHEET FI.1 1ST FLOOR FIRE PROTECTION PLAN F1.2 2ND FLOOR PLAN F1.3 FUTURE 3RD FLOOR PLAN FIRE PROTECTION PLAN F2.0 SITE PLAN FIRE PROTECTION F4.0 FIRE PROTECTION DETAIL F4.1 FIRE PROTECTION DETAILS AND SECTION ELECTRICAL E0.1 ELECTRICAL SYMBOLS, LEGENDS, & NOTES E2.1 FIRST FLOOR PLAN NEW ADDITION LIGHTING E2.2 SECOND FLOOR PLAN NEW ADDITION LIGHTING E23 THIRD FLOOR PLAN NEW ADDITION LIGHTING E3.1 E3.2 E3.3 FIRST FLOOR PLAN NEW ADDITION POWER SECOND FLOOR PLAN NEW ADDITION POWER THIRD FLOOR PLAN NEW ADDITION POWER E4.1 FIRST FLOOR PLAN NEW ADDITION SYSTEMS E4.2 SECOND FLOOR PLAN NEW ADDITION SYSTEMS E4.3 THIRD FLOOR PLAN NEW ADDITION SYSTEMS E5.1 POWER RISER DIAGRAM E7.1 LIGHTNING PROTECTION PLAN E8.1 MISCELLANEOUS ELECTRICAL DETAILS E8.2 MISCELLANEOUS ELECTRICAL DETAILS SECURITY ES-1 FIRST FLOOR SECURITY PLAN ES-1.1 SECOND FLOOR SECURITY PLAN Page No. 4 ES-I.2 THIRD FLOOR SECURITY PLAN ES-2.0 SECURITY SYSTEMS RISER ES-2.1 SECURITY SYSTEMS SCHEDULE FURNITURE FR1 FURNITURE LAYOUT FR2 FURNITURE LAYOUT FR3 FURNITURE LAYOUT FR4 FURNITURE LAYOUT Project - Naples Jail Center- 9819-004R RENOVATION GENERAL SHEETS C.S. (COVER) TITLE SHEET A0.1 INDEX SYMBOLS LEGENDS AND ABBREVIATIONS A0.2 FIRST FLOOR LIFE SAFETY PLAN CIVIL/LANDSCAPING SEE CIVIL DRAWING SET ARCHITECTURAL AD,01 ARCHITECTURAL DEIvlOLtTION FLOOR PLAN (PARTS A&B) AD.02 ARCHITECTURAL DEMOLITION FLOOR PLAN (PART A) AD,03 ARCHITECTURAL DEMOLITION FLOOR PLAN (PART B) A1.0! A1 .t0 A1.11 OVERALL ARCHITECTURAL FIRST FLOOR PLAN FIRST FLOOR FINISH / WALL TYPE & EQUIPMENT PLAN (PARTA) FIRST FLOOR FINISH / WALL TYPE & EQUIPMENT PLAN (PART B1 A2.01 FIRST FLOOR SIGNAGE PLAN (PART A) A2.02 FIRST FLOOR SIGNAGE PLAN (PART B) A2.10 A2.11 A2.12 DOOR SCHEDULE / DOOR TYPES (PARTS A&B) SECURITY FRAME DETAILS STANDARD FRAME DETAILS A4.10 MILLWORK DETAILS A6.01 A6.02 A6.10 FIRST FLOOR REFLECTED CEILING PLAN (PART A) FIRST FLOOR REFLECTED CEILING PLAN (PART B) REFLECTED CEILING / SOFFIT DETAILS A9.01 INTERIOR WALL TYPES AND SECTIONS STRUCTURAL NOT USED - MECHANICAL M0.1 H.V.A.C. SYMBOLS, LEGENDS. NOTES & INDEX No. 5 M1.1 H.V.A.C. PARTIAL FIRST FLOOR DEMOLITION PLAN M1.2 H.V.A.C. PARTIAL FIRST FLOOR DEMOLITION PLAN M1.3 HV.A.C. PARTIAL FIRST FLOOR PLAN M1 4 H.V.A C. PARTIAL FIRST FLOOR PLAN M4.1 H.VA.C. DETAIL PLAN M4.2 H.V.A.C. DETAIL PLAN PLUMBING Pl.0 PLUMBING SYMBOLS, LEGENDS, DETAILS, NOTES & INDEX P1.1 1ST FLOOR PARTIAL RENOVATION DEMO PLAN - PLUMBING P1.2 1ST FLOOR PARTIAL RENOVATION DEMO PLAN - PLUMBING P1.3 1ST FLOOR NEW WORK PLAN - PLUMBING ELECTRICAL El.0 ELECTRICAL SYMBOLS, LEGENDS, & NOTES E2.1 AREA "A" - RENOVATION - LIGHTING E2.2 AREA "B" - RENOVATION - LIGHTING E2.3 AREA "A" - RENOVATION - POWER E2.4 AREA "B" - RENOVATION - POWER E2.5 AREA "A" - RENOVATION - SYSTEMS E2.6 AREA "B" - RENOVATION - SYSTEMS E3~I POWER RISER DIAGRAM E3.2 SYSTEMS RISER DIAGRAMS E4 1 PANELBOARD SCHEDULES E5.1 MISCELLANEOUS ELECTRICAL DETAILS SECURITY ES'~,0 FIRST FLOOR SECURITY PLAN (PART 'A') ESl,1 FIRST FLOOR SECURITY PLAN (PART'B') ES1.2 FIRST FLOOR SECURITY PLAN (PART'C') Project - Naples Jail Center- 9819-012 PARKING GARAGE GENERAL SHEETS C.S. (COVER) TITLE SHEET A0.! INDEX SYMBOLS LEGENDS AND ABBREVIATIONS A0.2 CODE REVIEW - LIFE SAFETY SITE PLAN A0.3 OVERALL PLANS ARCHITECTURAL LIFE SAFETY CIVIL/LANDSCAPING SEE MAIN CONSTRUCTION SET FOR EXPANSION FACILITY ARCHITECTURAL A1.0! OVERALL ARCHITECTURAL FLOOR PLANS & FINISH/WALL TYPE Page No. 6 A1.10 A1.11 A1.12 A1.13 A2.01 A2.02 A2.03 A2.04 A3.01 A3.10 A3.11 A3.12 A3.20 A3.21 A3.22 A3.23 A3.30 A3.31 A4.01 A4.02 A4.03 A4.10 A5.01 A5.02 A6.01 A7.01 A8.01 A9.0t FIRST LEVEL FLOOR PLAN & FINISH/WALL TYPE SECOND LEVEL FLOOR PLAN & FINISH/WALL TYPE TYPICAL LEVEL FLOOR PLAN & FINISH/WALL TYPE ROOF LEVEL FLOOR PLAN & FINISH/WALL TYPE OVERALL SIGNAGE PLAN, NOTES & DETAILS - NOT USED - DOOR SCHEDULE/DOOR TYPE AND DETAILS OPENING DETAILS OVERALL ARCHITECTURAL ELEVATIONS ARCHITECTURAL ELEVATION - NORTHWEST ARCHITECTURAL ELEVATION - SOUTHEAST ARCHITECTURAL ELEVATIONS - SOUTHWEST, NORTHEAST OVERALL ARCHITECTURAL SECTIONS ARCHITECTURAL SECTION - NORTHWEST ARCHITECTURAL SECTION - SOUTHEAST ARCHITECTURAL SECTION - END DETAILS TOWER "B" SIDE WALL SECTIONS TOWER "A" SIDE & SLOPED AREA WALL SECTIONS ENLARGED TICKETING RAMP FLOOR PLAN ALTERNATE TICKETING EQUIPMENT PLAN ENLARGED STAIR TOWER EXPANSION DETAILS MILLWORK AND MISCELLANEOUS DETAILS ENLARGED ELEVATOR PLANS AND DETAILS ENLARGED ELEVATOR SECTIONS AND DETAILS FIRST FLOOR REFLECTED CEILING PLAN ENLARGED STAIR PLANS AND SECTIONS CANOPY PLANS AND ROOFING DETAILS WALL TYPES SECTIONS AND DETAILS STRUCTURAL S0.1 GENERAL NOTES, ISOMETRIC AND DETAILS S0.2 LAP SPLICE SCHEDULES S1.1 FOUNDATION PLAN S1.2 FOUNDATION DETAILS S2.1 FIRST AND SECOND LEVEL FLOOR PLANS S2.2 TYPICAL LEVEL FLOOR PLANS (2ND, 3RD, 4TH, 5TH, AND 6TH) S3.1 P/C COLUMN DETAILS S3.2 P/C COLUMN DETAILS S4.1 P/C TEE AND BEAM DETAILS Page No. 7 S5.1 STRUCTURAL DETAILS S5.2 STRUCTURAL DETAILS S6.1 SHEAR WALL DETAILS S7.1 STAIR/ELEVATOR TOWER PLANS S7.2 STAIPJ ELEVATOR DETAILS S8.1 STAIR/ELEVATOR TOWER PLANS MECHANICAL M0.1 HVAC LEGEND. NOTES, AND INDEX M1.1 FIRST FLOOR PLAN - HVAC M2.1 MECHANICAL DETAILS M3.1 MECHANICAL DETAILS PLUMBING Pl.0 SYMBOLS DETAILS, AND ABBREVIATION PLUMBING P1.1 PLUMBING LEVEL1THRU ROOF LEVEL FLOOR PLANS FIRE F0.1 PROTECTION SYMBOLS, DETAILS, AND ABBREVIATION FIRE PROTECTIOh! F1.1 FIRST FLOOR PLANo FIRE PROTECTION F1.2 SECOND FLOOR PLAN - FIRE PROTECTION F1.3 THIRD FLOOR PLAN- FIRE PROTECTION F1.4 FOURTH FLOOR PLAN - FIRE PROTECTION F1.5 FIFTH FLOOR PLAN - FIRE PROTECTION F1.6 SIXTH FLOOR PLAN - FIRE PROTECTION F2.0 BUILDING SECTION FIRE PROTECTION PLAN ELECTRICAL El.0 ELECTRICAL SYMBOLS, LEGENDS, & NOTES E1.1 ELECTRICAL SITE PLAN E2.0 E2.1 E2.2 E2.3 E2.4 E2.5 E2.6 E2.7 FIRST FLOOR PLAN - LIGHTING FIRST FLOOR PLAN - POWER & SYSTEMS SECOND FLOOR PLAN - LIGHTING SECOND FLOOR PLAN - POWER & SYSTEMS THIRD - FIFTH FLOOR PLAN LIGHTING THIRD - FIFTH FLOOR PLAN POWER & SYSTEMS ROOF PLAN - LIGHTING ROOF PLAN POWER & SYSTEMS E3.0 POWER RISER DIAGRAM E3.1 SYSTEMS RISER DIAGRAM E4.0 PANELBOARD SCHEDULES Page .'No. E4.1 PANELBOARD SCHEDULES E5.1 LIGHTNING PROTECTION PLAN E6.0 MISCELLANEOUS ELECTRICAL DETAILS E6.1 MISCELLANEOUS ELECTRICAL DETAILS Specifications and Addendums: Bidding Requirements Division 0 Dated 2/14/03 Bidding Requirements Division 1 through 14 Dated 2/14/03 Bidding Requirements Division 15 and 16 Dated 2/14/03 Addendum #1 Dated 4/14/03 Page No. 9 ATTACHMENT NUMBER 2 Expansion and Renovation to the Naples Jail Center Clarifications, Allowances, Value Engineering & Alternate Pricing Revised June 2, 2003 Clarifications: 1. Railings at Parking Garage Stairs to be powder coated aluminum with stainless steel mesh infill panels in lieu of specified. 2. Bent Plate Sprinkler Line Enclosure limited to 500 lineal feet. Drawings do not indicate areas of installation. 3. Two Pi}, Vapor Retarder at Four Ply Roof System not included. 4. Type W1 Window at Parking Garage to be aluminum frame with impact glass in lieu of securi~' glass. 5. Marker and Visual Display Board heights to be standard 4'. Manufacturer to be Polyvision-Nelson Adams-Greensteel, Series 153 wqth standard finisi-t. 6. Three Speed Queen Washers and Two Speed Queen Dq'ers are included in the GMP. 7. Mini Blinds are to be provided only at the areas designated on the plans with notation 12-2. Blinds to be Hunter Douglas Celebrity D'pe. 8. Asbestos Removals are not included. Asbestos Survey is included. 9. The Temporary. Exercise Yard is not included. 10. Kitchen work is limited to what is indicated on drawings. Demolition in the kitchen is limited to 12 LF of wall. Additional information is required, therefore, the scope is limited. Kitcher~/P'-estaurant Equipment is not included. 11. The Parking Garage Entry Gate and Card Reader are not included. 12. Lead Lined Doors or Lead Lined Walls (x-ray area) are not indicated or included. 13. Video Visitation not included. Allowances: 1. Site Furniture Allowance of $10,000.00 included. 2. Dental Equipment (new or relocated) Allowance of $5,000.00 included. 3. Exterior Fountain Allowance of $40,000.00 included. ~26©S S. Horseshoe Drive · Naples, F,orida 34104 ~_~ I 2120 [VletrO ~ark. wa¥..~.Jite I ~ 7 · ~omt Myers. Flori0a 33~ ,~,~,. kra~constrost~on ATTACHMENT NLqMBER 4 DATED JUNE 6, 2003 Value Engineering or Alternate Pricing: I. If Vapor Retarder is required at the Roof System, add to the GMP ................................................... $28,200.00. 2. If Shot Blasting is required at Parking Garage Deck prior to sealers in lieu of pressure washing, add to the GMP ........ $34,179.00. 3. Delete Parking Garage Rooftop Landscaping, Waterproofing and Precast Requirements. deduct from the GMP ......... ($35,634.00) 4. Piling Alternates: (only one option may be chosen) Install Auger Cast 16" Piling in lieu of PCI Certified Driven Pile, deduct from the GMP ......................................... ($261,000.00) · Install Driven Pile but do not use PCI Certification, deduct from the GMP ......................................... ($229,000.00) · Install Continuous Flight Auger Cast Pile in lieu of PCI Certified Driven Pile, deduct from the GMP .............. ($315,000.00) 5. Delete Site Furniture Allowance, Site Furniture to be allocated as part of owner supplied FF&E, deduct from the GMP ..(S10.000.00) 6. In the Architectural Precast Panel, use a galvanized connector at the insulation sandwich in lieu of the specified stainless steel connector, deduct from the GMP .............................($15,000.00) 7. Install ASI Brand Toilet Accessories in lieu of Bobrick, deduct from the GMP ..................................................... ($1.298.00) 8. At the Conveyor System, Use Specific Bag JB-PB in lieu of Pacific Bags, deduct from the GMP ........................($9,813.00) 9. install a VCR System in lieu of a DVR System at the Expansion. deduct from the GMP ....................................... ($313.000.00~ i 0. Install a VCR System in lieu of a DVR System at the Renovation. deduct from the GMP ......................................... ($172,480.00) 11. Change Type A securi¢' glass to Type E at the Expansion, deduct from the GMP ....................................... ($94.976.00) 12. Install Anodized Finish on Exterior Window Types A & D in lieu of painting, deduct from the GMP ............ ($9.856.00) 13. The bunk beds have a step rail and do not require a ladder, delete ladder from 120 bunk beds, deduct from the GMP.. ($2,016.00) 14. Delete Game Tops from 8 picnic tables at the Expansion, "~ 0 deduct from the GMP .......................................... ($~._~60.0) 15. Delete Chiller Pumpout System and Storage Tank, deduct " . 0 from the GMP ................................................... ($~0.000.0) Accept Y Y Y Y Reject N N N N N N N N N N REVISED EXHIBIT I CONSTRUCTION MANAGER'S STAFFING SCHEDULE The personnel listed below shall be charged to the job at their hourly rate based upon their time spent working upon the Project and may be located either on or off site at the Main Office in order to minimize their expense to the job, plus fifty-seven percent (57%) labor burden. This rate ma3' be adjusted in January or July of any year but shall not exceed an additional three percent 0%). Project Personnel Description Project Executive Project Manager Assistant Project Manager Superintendent Assistant Superintendent Carpenter Laborer Estimator Project SecretaD' Risk Control Services Estimating SecretaD' EXHIBIT M TRUTH-IN-NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Kraft Construction Company, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Construction Management services of the CONSULTANT to be provided under the Professional Services Agreement, concerning The Expansion and Renovation of Naples Jail Center are accurate, complete and current as of the time of contracting. Kraft Construction Company, Inc. )~obert L. Carsello, C.©.O. DATE: d~/~-/:~ REVISED EXHIBIT N KRAFT CONSTRUCTION COMPANY, INC. 2003 MONTHLY EQUIPMENT CHARGE RATES Equipment Computers/ Software Printers Copiers - Multi-function Fax Machine Trailers Trucks Office Furniture SUVs - Project Manager Monthly Rate $ 115.00 $ 40.00 $ 165.00 $ 30.00 $ 265.00 $ 525.00 $ 115.00 $ 675.00 EXECUTIVE SUMMARY APPROVE FUNDING FOR WATER RELIABILITY IMPROVEMENTS IN THE AMOUNT OF $3,380,500, Project 70094, 70893, 71011 OBJECTIVE: To avoid potential water supply deficits and/or disruptions to water service by providing additional raw water capacity and modifying in-plant processes to yield increased finished water output. This will be achieved by improving the reliability of unit processes within the North County Regional Water Treatment Plant and by providing additional wells in advance of the need to replace them. CONSIDERATION: As referenced in our 2002 Water Master Plan Update, there is a need to provide reliable water supply for peak season 2004 and beyond. Present margins of reliability are insufficient to assure future service due to recent concerns of elevated salinity levels at two Hawthorn wells. Our selected approach outlined herein, involves parallel, not sequential well development efforts to achieve both increased capacity and reliability. On May 14, 2002, Agenda Item 10(D), the Board heard staff's update on the plan to improve reliabiliiy of the County's water supply and production. Staff presented the cost-benefit of various alternatives and recommended improvements be accelerated for completion prior to peak season 2003. At that time, staff reported that the wells and in-plant improvements were works-in-progress for which funds were either available in FY02 or will be available pending proposed budget amendments requiring separate Board action. As much work as possible has been completed within available budgets, however additional funds are needed to complete the work originally anticipated. The current status of the work recommended in May 2002 is shown in Table 1. Treatment Plant Reliability Improvements Additional funding in the amount of $405,500 is needed in FY03 to complete recommended reliability improvements within the North County Regional Water Treatment Plant (NCRWTP). Some of the funds are needed to complete on-going improvements, whereas additional funds are also needed for work that has since been identified as necessary. Recommended reliability improvements consist of purchases of spare equipment, installation of equipment already purchased, and upgrades and enhancements to existing unit processes. Justification for each recommended reliability improvement at the NCRWTP is shown with the estimated cost in Table 2. The items on Table 2 encompass Items i0, 11, and 12 on Table 1. Salt Water RO (Reverse Osmosis) Feasibility Study One of the options we plan to pursue in plant modifications is to investigate the feasibility of providing an RO treatment system capable of treating the water from the high salinity wells. This option would involve installation of RO equipment (pumping/pipeline/treatment skids) at the plant. The feasibility study will examine the impacts of such a change and how to incorporate the facilities at the plant. This includes dealing with the higher pressures required (700 psi vs. 300 psi) and dealing with large quantities of brine disposal. Currently a study is slated for FY04 per the Water Master Plan and we now propose to advance this to FY03 through a budget amendment ~,d,~ ' ' ' BCC action. Executive Summary Funding for Water Reliablity Page 2 North Brackish Water Wellfield Reliability Improvement Program Additional funds in the amount of $2,975,000 are needed in FY03 to initiate a new wellfield reliability improvement program to ensure that the supply of brackish water for the Reverse Osmosis process at the NCRWTP will not be interrupted by unplanned loss of an existing well. Funding for this program is included in the proposed budget for FY04; however, funds are requested in FY03 to advance the implementation schedule. This action is deemed necessary given that the County's wells utilizing the brackish waters of the Lower Hawthorn aquifer continue to show a trend of increasing salinity. Currently, of 16 wells, there are 8 wells available for continuous duty, 4 are questionable, and 4 are not available due to high salinity levels. The NCRWTP needs at least 8 wells to operate the 8-mgd reverse osmosis process. Staff believes that on-going efforts on the 4 questionable wells may return the equivalent of at least 2 wells to continuous duty in time for peak season 2004. However, it is possible that the phenomenon of elevated salinity levels may extend to other wells. Additional well development is therefore imperative to provide present and future needs and to prepare the County for possible progression of salinity problems. The program recommended is as follows: Lower Ha~vthorn Wells - The existing wells tap the Lower Hawthorn aquifer. A Lower Hawthorn well in this arca will typically produce 1 million gallons per day. Staff recommends pursuing two reliability wells on Phase I, Alt A shown on Figure 1 and three capacity wells on Phase I, Alt 1 D. shown on Figure 1 attached. We also recommend five capacity wells on Phase I, Alt 1E on Figure 1 attached. To add more Lower Hawthorn wells, the County must secure the property for wells and raw water transmission mains. There is readily available property on a future County park site and school site adjacent to the existing wellfield that may be able to support up to 3 reliability wells. These locations will be pursued, see Phase 11 on Figure 1. Mid Hawthorn Wells - As show in Figure 1, Existing Wellfield, there is an existing Hawthorn wellfield aquifer. Staff will pursue Mid Hawthorn wells located on sites immediately adjacent to existing Lower Hawthorn wells. New Mid Hawthorn wells will be able to deliver water to the plant through the existing raw water transmission mains and will deliver 0.5 million gallons per day, or half the output of a typical Lower Hawthorn well. Development of the Mid Hawthorn aquifer is consistent with the 2002 Water Master Plan Update. To add Mid Hawthorn wells, the County must secure additional easements adjacent and contiguous to the existing well easements. There are three readily available well sites located on County property at the water treatment plant site. In summary, it is recommended that a total of 8 capacity increase wells and 5 reliability wells be pursued. There is $14 million in expected costs allocated in the proposed FY04 Budget for North Plant Ha,vthorn Wellfield development. JUN 2 2003 Executive Summary Funding for Water Reliablity Page 3 Implementation - Phase I of the wellfield reliability program is to extend the wellfietd onto property that will need to be acquired. Phase I will take two-and-one-half to three years to complete. Phase II is to add as many wells as feasible on readily available property. If it is determined that the readily available property can support one or more wells, Phase ri could conceivably be implemented within 18 months. The proposed new legs of the wellfield by phases is provided in Figure I. FISCAL IMPACT: The proposed scope of work is consistent with funds budgeted in FY03 for Project 70094, NCRWTP Reliability Wells and Process Improvements; however, funds available in the FY03 budget as approved by the Board on September 19, 2002 have been encumbered. The work requested for funding is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as agenda item 10(A). Source of funds is Water User Fees (412). A breakdown of the requested FY03 funding for the recommended wellfield reliability improvement program is shown in Table 3. A budget amendment is needed to transfer funds in the amount of $405,500 from other Fund 412 projects to Project 70094, NCRWTP Process Improvements as follows: $345,400 from Project 70063, NCRWTP Noise Abatement; $3,100 from 70065, NCRWTP Chlorine Conversion; and $57,000 from Project 70075, NCRWTP Wellfield Improvements. Source of funds is Water User Fees (412). A budget amendment is needed to transfer funds in the amount of $2,355,000 from other projects within Fund 412 to Project 70893, NCRWTP RO Wellfield Reliability Improvements as follows: $1,450,200 from Project 70065, NCRWTP Chlorine Conversion; $70,000 from Project 70074, Port- au-Prince Water Improvements; and $790,950 from Project 70300, Relocate Water Mains Immokalee Road - US41 to 1-75. The balance of funds in the amount of $43,850 will be transferred from Fund 412 Reserves for Capital Outlay. Source of funds is Water User Fees (412). A budget amendment is needed to transfer funds in the amount of $620,000 from Project 70100, NCRWTP ASR Conversion to Project 71011, NCRWTP Mid Hawthorn Wells. Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: The recommended improvements are needed to meet concurrency. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendments to fund the recommended water reliability improvements in FY03. L AGE t~OA IT£1q JUN 2 4 20O3 Executive Summary Funding for Water Reliablity Page 4 Karl W. Boyer/P.E., Utilities Engineering Principal Project Manager REVIEWED BY: &/r~,,~_,.~_~.~ Date: Roy ~. Anderson, P.E., Utilities Engineering Director REVIEWED BY: .~'/~,a.~4/ ,/r~~~---~ ~/'' Date: Paul Mattausch, Water D~ APPRO~D BY: /~~ ~ ~/ Date: /-'S;m~7. ~eLony, P.[., PuC ~**~t~e, Administrato(~ JUN 2. q 2003 pc. d-- Executive Summary Funding for Water Reliablity Page 5 Table 1. Status of Reliability Improvements at North County Regional Water Treatment Plant and Wellfield as Recommended May 14, 2002 Item Finished Water Number Activity Capacity, mgd 1 Four (4) New RO wells 3.24 2 Add stage to RO feed pumps 0.50 3 Add stage to Manatee ASR Well 0.25 4 Restore Yield from Two (2) RO Wells 0.50 5 Two (2) Redundant RO Wells 1.50 6 Offset Potable Irrigation Demand 1.00 7 Freshwater Bypass to RO Permeate 1.60 8 Preliminary Design Salt Water RO 0.00 9 Five (5) Tamiami Reliability Wells 0.00 10 In-plant Reliability Replacements 0.00 11 Replace Control Hardware/Software 0.00 12 Replace Concentrate BFP Valve 0.00 13 Revisit PM/Spares Policies 0.00 Status Completed Scheduled for Jun-03 Deleted, not feasible. Acid flushed 3 wells; of which 2 were restored. Completed Long-term implementation. Completed Proposed in FY 2004 Completed In-progress To do; address separately. To do; budget requested. In-progress. JUN 2 ?5. Executive Summary Funding for Water Reliablity Page 6 Table 2. Recommended Reliability Improvements at North County Regional Water Treatment Plant and Wellfield Item 1 2 t7 ~ 8 9 10 11 Activity Upsize chlorine piping Replace chlorine solution piping to degassifiers Remove and replace existing bleach tank Remove and replace two acid tanks, bulk and day storage Install new degassifer flow balancing valves and replace flow meters Opaque coating on fiberglass degassifer towers Downsize pump and motor on Well RO9N Remove and replace one failing back flow prevention assembly h'ovide surge relief on the deep tjection wells 12 IHawthorn wells Continuous pressure recorders 2) on raw water supply 'reliminary Design lard/Software Conversion and rpgrade Spare submersible motors for Estimated Justification Cost $2,500 Coincident with on-going chlorine room upgrades needed to operate bypass. Coincident with new rotometers (flow meters) ~and preparatory to upgrading the manual clean process with a clean-in-place system Existing bleach tank has a hole in it and cannot be repaired. Replace with a smaller tank and associated piping preparatory to upgrading the degassifier manual clean process with a clean-in- place system Advance the removal and replacement of the existing acid bulk storage and day storage tanks >roposed from the proposed FY2004 budget to :Y2003 to complete the work as part of the 2003 )ff-season work program Optimize performance, eliminate short-circuiting. and enhance operational flexibility of the four degassifiers. Enhance performance and reduce maintenance by inhibiting bio-fouling caused by algae activated by sunlight penetrating the fiberglass walls. Acid flush did not restore yield. Change pump and motor to match the well's reduced yield. Remove and replace the second of two concentrate back flow preventers Prolong life of concentrate back flow preventers by eliminating source of recurring problem. Collect data to continue investigation to determine cause of unplanned plant shut-downs. Initial step towards updating and upgrading the integrated control system as previously recommended. Keep one 65 HP and one 125 HP motor as spares for Hawthorn wells Intergovernmental transfers and contingency Total $6,000 $30,000 $75,000 $27,000 $20.000 $35,000 $48,00G $85,000 $15,000 $10,000 $15.000 $37,000 $405,50G ~0. JUN 2 q 2u 3 PG. ._~ PHASEI, ALT. C ~ ~ © Phase I, ALT. A Executive Summary Funding for Water Reliablity Page 8 Table 3. Recommended Funding for Fiscal Year 2003 to Initiate an Extension to the Existing Lower Hawthorn Wellfield Supplying Brackish Water to the North County Regional Water Treatment Plant FY2003 Funds Item Ac ti vity Justification Requested 1 New Leg to North Lower Hydrogeologic site investigation, Hawthorn Wellfield - exploratory drilling, test wells, and real Phase I property investigation to justify alignment for 4 to 6 additional brackish water supply $2,330,O00 well sites and raw water pipeline. Alternate A - $865,000 Alternate B - $600,000 Alternate C - $865,000 2 New Leg to North Lower Hydrogeologic feasibility study to add 1, 9 Hawthorn Wellfield - - $25~000 or 3 wells on r.eadily available property. Phase II Total $2,355,000 Table 4. Recommended Advancement of Proposed FY2004 Funds to Fiscal Year 2003 to Initiate Adding New Mid Hawthorn Wells to Supply Brackish Water to the North County Regional Water Treatment Plant FY2003 Funds Item Activity Justification Requested 1 Add Mid-Hawthorn Wells Hydrogeologic site investigation, to existing North Lower exploratory drilling, test wells, and real $595,00O Hawthorn Wellfield.- property investigation to justify adding up Phase I to 12 additional brackish water supply wells 2 Add Mid-Hawthorn Wells Hydrogeologic feasibihty study to add 1, 2, to existing North Lower or 3 wells on readily available property with $25,000 Hawthorn Wellfield - readily available hydrogeologic aquifer Phase II performance test data. Total $620,000 [ JUN 2 4 20~.q3 ~,.;. ~ ~ ..... EXECUTIVE SUMMARY AMEND PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH METCALF & EDDY, INC. FOR THE SOUTH COUNTY WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION, CONTRACT 98- 2891, IN THE AMOUNT OF $960,295, PROJECT 70054. OBJECTIVE: To provide additional professional engineering services for the construction of the new reverse osmosis facility and deep injection wells for the South County Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion project, pursuant to Contract 98-2891. CONSIDERATIONS: On August 3rd, 1999, as Agenda Item 16(B)(ll), the Board approved and entered into an agreement with Metcalf & Eddy, Inc. (M&E) for providing design and construction services for the SCRWTP Reverse Osmosis Expansion project. The project which has been under construction since July 2001 includes: an 8-MGD Reverse Osmosis process facility with capability to be expandable to 20-MGD buildout capacity in the future; new raw water production wells; and two .deep injection wells and a monitoring well for reverse osmosis brine disposal. On May 14, 2002, as Agenda Item 10(I), the Board approved Amendment ! to the agreement with Metcalf & Eddy, Inc. to provide construction management services for the second deep injection well. M&E's letter proposal dated June 12, 2003 is for additional construction management services required for unforeseen circumstances encountered with the construction of the second deep injection well and to accommodate the new construction completion date of October 2003 for the SCRWTP Reverse Osmosis facility. Change orders with the contractors, United Engineering Corporation and Youngquist Brothers, Inc., are being finalized. In addition, County has requested additional construction inspection effort. Staff has negotiated a fee increase of $960,295 as documented in the attached Amendment 2 with the proposed scope from Metcalf & Eddy, Inc. This amount includes $251,200 which will be withheld as reserve for potential claims against Metcalf & Eddy, Inc. related to impacts attributed to construction project delays caused by M&E on this project. The following summarizes the breakdown of costs associated with Amendment 2: Original Contract #98-2891 Amendment 1 Amendment 2 (Proposed) $3,920,064 $ 231,804 $ 960,295 TOTAL (Proposed) $5,112,163 JUN 2 4 2003 PG. ! Executive Summary Amendment 2 to Professional Services-Agreement for SCRWTP Reverse Osmosis Expansion Project, Contract 98-2891 Page 2 of 3 FISCAL IMPACT: Funds are available in the FY03 budget as approved by the Board on September 18, 2002. Source of funds is Fund 411 - Water Impact Fee. Funds in the amount of $960,295 are available in County Water Capital Projects. GROWTH MANAGEMENT IMPACT: This project, needed to meet future growth potable water demands, was first recommended in the 1996 Water Master Plan Update adopted by the Board on October 22, 1996, Agenda Item 8(B)(1). It was also recommended in the 2001 Water Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(B) and in the latest 2002 Water Master Plan Update adopted by the Board in February 25, 2003 as Agenda Item 10(A). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and authorize the Chairman to execute Amendment 2 to the Professional Services Agreement with Metcalf & Eddy, Inc., to provide additional professional engineering services related to the SCRWTP Reverse Osmosis Expansion Contract 98-2891. PREPARED BY: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Steve C~trnell, Director Purchasing Department DATE: / Executive Summary Amendment 2 to Professional Services Agreement for S CRWTP Reverse O smosi s Expansion Project, Contract 98-2891 Page 3 of 3 Paul Mattausch,~ater Director Public Utilities Division DATE: REVIEWED BY: · Anderson, P.E., Director Public Utilities Engineering Department ~-~Jan~s W. DeLony, P.E., Administrator (,~ ..ic Utilities Division .o._ JUN 2 t~ 2D03 PG.~ "SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION" AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement 98-2891 dated August 3, 1999 (hereinafter "AGREEMENT") is made and entered into this ~ day of ,2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose business address is 3740 Executive Way, Miramar, FL 33025, (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the "South County Regional Water Treatment Plant Reverse Osmosis Expansion" project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of changes in the construction effort of the deep injection wells; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the changes in the construction effort of the deep injection wells affecting the original scope of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B Attachments A and C as attached hereto. Additionally, CONSULTANT'S compensation for services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. .0._~' I© -~- JUN 2 4 ZPJ03 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for "South County Regional Water Treatment Plant Reverse Osmosis Expansion" the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Date: By: Tom Henning, Chairman Approved as to form and legal sufficiency: Assist~r~t Cot]nty Attorney METCALF & EDDY, INC. ~ Al~/~ndro Toro,V(/ice President. (CORPORATE SEAL) JUN 2~. 2003 Pi;, ~ >- t-- Z C~ CD 0 · -- 0 0 03 LLI n Z Z z ~o Z Z Z -- ~ z ~ 0 ~ Z 0 ~ -- Z 0 ~ 0 ZZ~ = ~ ~ 0 0 zzE~ OOEB~ 0 0 0 0 I- m ~ L.U .o._ . i0 .~T~ JUN 2 ~ 2Da3 ~-.~ zz u~O 0 0 0 o ~ c00~c~c~oooooo 0 0 (D 0 Metcalf & Eddy June 12, 2003 Mr. Mohan Thmnpi. P.E. Senior Project Manager Collier County Public Works 3301 E. Tarniami Trail. Building H Naples. FL 34113 3740 Executive Way Miramar, Florida 33025 Tel: "J$4-450-7770 Fax: 954--450-:; 100 Subject: Collier CountT SCRWTP Scope of Work - Amendment No. 2 PUED Project Number 70054 Dear Mr. Tharnpi: This amendment is based on discussions held during our meetings of October 17, 2002, December. 9. 2002. Jammry 8, 24, February 5, 2003, March 7, 2003 and April 9. 2003 to review the status of M&E's eftbrts to be of service to Collier County on the above referenced project. During those meetings, we discussed the need for an amendment to take into consideration certain circumstances and unforeseen site conditions that have arisen during the execution of the work. A description of the proposed amendment, along with a detailed financial summa.D', is presented below for your approval. There are tbur primary activities that precipitated an extension of time to the schedule and an increase in the level of effort required on the project. These include: · Contractor 2-Month Extension. · Construction Quality Assurance. o Un£oruscen Conditions dturing the Installation of Injection Well Nurnber 2, and · Contractor Schedule Extension for Completion. M&E has worked diligently to assure that Collier Count)' received the services and facilities t¥om their contractor that would meet their needs at a reasonable cost. Each of the activities listed has resulted in an escalation in the level of effort required to achieve the project's objectives and has been accompanied by a corresponding increase in costs, including those of our team subcontractors. We respectfully request )'our approval of thc amendment ~ubmitted for your review. i~:tEngl.qL:R W'l'PIAm~;,~dm~:nt No. 2con.~olidutcd.do¢ Mr. Mohan Thampi, P.E. June 12. 2003 Page 2 C=ontractor 2-Month Extension Thc County's contractor (UEC) ha.q been issued a 2-month extension to their schedule as part of Change Order # 1 to their contract. This extension, necessitated by permitting delays, increased the original schedule from 18 to 20 months. This increase will, in turn. require an extension in kind to M&E in order to maintain continuity in the baseline administration of the contract and in construction observation services on the project. M&E shall continue to pert'om basic services in keeping with our original contract, including daily construction admini.qtration activities and coordination of con.qtruction observation. Warranties and certifications of manufacturers' installations will be assembled and appropriate inspections will be performed. Further, a set of marked construction drawings, based on information provided by the contractor, will be maintained. M&E shall also review shop drawings, samples, mad mill tests, as well as contractor applications for payment. Change orders will be prepared and negotiated. Requests for clarifications and interpretations prepared by the contractor will be issued m~d formal inspections of the project will bc conducted. M&E shall also provide recommendations on contractor claims. Construction Quality Assurance In May of 2002, M&E and Collier County's Project Manager discussed field quality assurance issues that were expected to be encountered as work progressed, due to schedule changes by the Contractor. County stall' expressed concerns for quality assurance and the need lbr additional on-site representatives during the monthly progress meetings. M&E expressed reservations that one on-site representative was sufficient to provide the required level of observation of the work. M&E felt it was in the best interests of the County to provide !.5 additional on-site representatives on a time and material basis. M&E then indicated it would provide the County PM with the justification and scope of service for additional on-site personnel. M&:E responded to the current field conditions and began providing the additional on-site representatives on June I. 2002, to assure construction quality would be maintained. In addition to George Papaioannou as the senior on-site manager, Joe Polansky and Adam Moore were assigned a~ additional on-site representatives. Based on the contractor's current scheduled it is currently anticipated that this increased on-site representation will be required until October 4, 2003. and it is expected to continue until that time. Unfores,een Condition.~ during the Installation of Injection Well Number 2 The County's injection well contractor, Youngqulst, encountered geologic conditions during the dffiling of Injection Well No. 2 (IW-2) in September of 2002 that differed significantly from those encountered during the installation of IW-I. These conditions required significant unforeseen work that included 65 additional 24-hour working days to ultimately retract, reset. P:/l'.ng/,~CRWTl'IAmcndmcnt No. 2 .o._ i JUN 2 q 2D03 PG, /O Mr. Mohan Thampi. P.E. June 12, 2003 Page 3 and seal the conductor casing. As a result, the M&E team ncccssaril)' had to increase its lcvel of effort and incurred extra costs associated with construction administration and observation. Under the circumstances. M&E made every attempt to minimize, not only the financial impact on the project, but also the effect of the delay on the completion time. Our team member, WRS, also provided an additional 65 days during the course of the 24 hours/day observation, with appropriate personnel and without interruption. Time expended in solving problems related to unexpected changes in the final desigm resulted in additional administrative costs. Satisfactory resolution of these issues necessitated close interaction with Collier County and with several regulatory agencies. This el'lbrt, although challenging for those involved, resulted in a workable final solution that is fully expected to provide the County with the lhcilities and services they require. Contractor Schedule Extension for Completion As shown in UEC'.q May 2003 schedule, which has a run date May 27.. 2003, the completion date was further extended and is now identified as October 4, 2003. The reason given for this extension is the contractor's difficulty in executing the work within the required timefi'ame. UEC is currently negotiating a change order with the County and M&E to increase the time needed to complete the project. This time extension will require a corresponding increa.qe in administration and construction observation on the part of M&E in order to meet the needs of thc County from March 3, 2003 until October 4, 2003. M&E shall continue tn pertbrm basic services in keeping with our original contract, including daily construction administration activities and coordination of construction observation. Warranties and certifications of manufacturers' installations will be assembled and appropriate inspections will be pert'on'ned. Further, a set of marked construction drawings, based on information provided by the contractor, will be maintained. M&E shall also review shop drawings, sma~ples, and milt tests, as well as contractor applications for payment. Change orders will be prepared and negotiated. Requests for clarifications and interpretations prepared by the contra~ator will b~ ;~u~d and formal inspections of thc project ,o.,ill be conducted. M&E shall also provide recmrunendations on contractor claims and their resolution. p:/l;n~,~SCRWTl'/Amendmcnt N.. 2 AG£(ID.A ITEM .~.--..~. .o. / JUN 2 2003 PC. ~/ Mr. Mohan Thmnpi, P.E. ]unc 12, 2003 Page 4 As a result of the developments described above, we respectfully request that you consider our request to amend the contract to reflect the current conditions and schedule for the reverse osmosis treatment facility and concentrate disposal contract and that the following amendments be implemented: · Task A.5.A. Plant Construction Administration be increased * Task A.?.A. Plant Observation of Construction be increased · Task A.$.B. Concentrate Disposal Administration be increased * Task A.7.B. Concentrate Disposal Observation of Construction be increased $175,500.00 $632,300.00 $ 32,375.00 $120,120.00 Note: A5 tasks to be billed on a lump sum basis and A7 tasks to be billed on a time and material basis. Based upon our discussions of June 12, 2003 it is our understanding that the County will place on hold from billing the amount of $ 251,200.00 from the above a~ a reserve for potential claims against M&E related to the cost impacts attributed to project delays caused by M&E on this project. Such reserve will remain in. place until completion of the Delay Responsibility Review currently being preformed by the County at which time said amount will be reduced by the dollar value of those delays, if any, found to be the responsibility and the balance will be released By the County for billing by M~ for project related expenses. Wc apPreciate your thoughtful and careful consideration of this matter. Please bc assured that our intentions have always been to serve the best inter:ars of Collier County and all work on this project has been have executed in good faith. Technical proficiency and professional integrity are the hallmarks of our corporate philosophy and we have always directed all our efforts toward providing the County with value and quality for funds expended. Sincerely, Mark S. Blanchard Vice Prcsident c: lay Ameno file P:/£n~/SCRWTP/Amcndment No. 2 No._ t C5~ RECOMMENDATION THAT THE BOARD APPROVE THE OFFSITE REMOVAL OF UP TO 16,000 CUBIC YARDS OF EXCESS FILL FROM THE PUBLIC SCHOOL SITE FOR SABAL PALM ELEMENTARY SCHOOL LOCATED AT 4095 18TM AVENUE N.E. IN UNIT 72 OF GOLDEN GATE ESTATES, BOUNDED ON THE NORTH BY 20TM AVENUE N.E., ON THE EAST BY THE FUTURE SITE OF MIDDLE SCHOOL "EE," ON THE SOUTH BY 18TM AVENUE N.E. AND ON THE WEST BY THE FAKA UNION CANAL, BASED UPON A DETERMINATION THAT THE EXCAVATION WORK IS NOT "COMMERCIAL," BUT WILL OBTAIN A "DEVELOPMENT" EXCAVATION PERMIT. OBJECTIVE: To approve the removal of excess fill from the site of the School Board's new elementary school on 18th Ave. N.E., pursuant to administrative issuance of a "development" pe. rmit, based upon a determination that the excavation work is not considered to be "commercial." CONSIDERATIONS: Section 2.2.3.3.7. of the Land Development Code requires that parcels of land in Golden Gate Estates obtain a "Conditional Use" permit when conducting a "Commercial Excavation." A commercial excavation is defined in the LDC as any excavation where fill is removed from the site. It is Staff's contention that this project is not a commercial excavation for the following reasons: This is a 40acre site. On a 40acre site, 16,000 cubic yards of fill is equivalent to 3 inches of material over the site. This amount represents what would be considered a reasonable margin of error when shooting topography, and if a site is cleared and grubbed (a.k.a. "scalped"), it is reasonable to assume that 4 inches of material would be removed, which amounts to over 20,000 cubic yards. On 40 acres in Golden Gate Estates, a developer can build 16 homes at 2V: acres per lot. It takes, on average, 2,000 cubic yards of fill for the pad of a Golden Gate home. Because the school is being built, the 16 homes will never be built, and 32,000 cubic yards of fill will not have to be hauled in. Whether the trucks enter the site full to provide fill to construct these homes and leave the site empty or vice-versa to remove the excess fill, the net impact of fill trucks is significantly less for the school than for the houses. For these reasons staff believes that the intent of the commercial excavation portion of the LDC would not be violated by approving the School Board's removal of a relatively small amount of excess fill from a construction site that was never meant to be a commercial excavation, so long as a "development" excavation permit is administratively issued pursuant to LDC Section 3.5.5.1.3. FISCAL IMPACT: None GROWTH'MANAGEMENT IMPACT: The School Board is required to put in new schools to keep pace with growth. This expedite meeting that need without offending the County's Growth Management Plan. ENVIRONMENTAL ISSUES: Offsite hauling of excess fill, if done properly, will have no Environmental impact. HISTORICAL/ARCHAEOLOGICAL IMPACT: None. EAC RECOMMENDATIONS: This petition was not required to be submitted to the EAC. Offsite hauling of fill is not an EAC issue. CCPC RECOMMENDATIONS: This request was not required to be submitted to the CCPC, based upon the Board's approval of this request and subsequent issuance of a "Development" excavation permit. PLANNING SERVICES STAFF RECOMMENDATIONS: That the BCC approve the offsite hauling of excess fill from this School Board construction site based upon a determination that removal of the excess fill from this site is not a commercial excavation, and a "Development "excavation permit will be issued administratively. PREPARED BY: ~¥AN CHRZANO~SKI, P.E. ENGINEERING SERVICES MANAGER REVIEWED BY: l 3 .yu x, DATE THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR DATE ' APPROVED BY: "~J~~SEP~MINISTRATOR /COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.731 EX SUMMARY/SC/H/EAB Exec. Summ. DATI~ JUN 2 ~ 2003 6; JUN Z EXECUTIVE S~Y I~UEST TO ~CCEPT ~ ~L~TE SECURITY FOR THaT SUBDIV~STON I~OW~ ~ SIERRA MEADOWS, AND ENTER INTO A NEW CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT OBJECTIVE: TO accept an alternate security for Sierra Meadows, and enter into a new Construction, Maintenance and Escrow Agreement. CONSIDERATIONS: On June 25, 2002 the Board of County Commissioners approved the final plat of Sierra Meadows, and entered into a Construction, Maintenance and Escrow Agreement as security for the required improvements. The developer is working with a different lending institution and has elected to provide a new agreement. This would be in conformance with Section 3.2.9.1.5 of the Land Development Code. The security document has been reviewed and approved as to form by the County Attorney's office. FISCAL IMPACT: The fiscal impact to the County is as follows: The security amount is $1,921,980.50. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $31,553.36, reflected in the Executive Summary of June 25, 2002 GROWTHM~A~AGEMENT IMPACT: There is no growth management impact RECOMMENDATION: 1 ) That the Board of County Commissioners accept the new Construction, Maintenance and Escrow Agreement. JUN 2 2003 Executive summary sierra Meadows Page 2 2) Authorize the Chairman to execute the attached Construction, Maintenance and Escrow Agreement. 3) Authorize the release of the existing security and return of the current Construction, Maintenance and Escrow Agreement. PREPARED BY: John R. Houldsworth Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director APPROVED BY~ Jo~e~h.K. Sch~i~t, Administrator C~unity Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION ~/,o/~ D~t& - JUN 2 ~ 2003 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this ~ day of May, 2003 by ALANDA, LTD., a Florida limited partnership (hereinatter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinatter "The Board") and AMSOUTH BANK, an Alabama Banking Corporation (hereinatter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Sierra Meado~vs. / B. The subdivision will include certain improvements, which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Banks Engineering, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a loan agreement with Developer dated April 9, 2003 (the "Loan"). In conjunction therewith, Lender has required Developer to depOsit the sum of $1,921,980.50 in a deposit account which has been collaterally pledged to Lender to fund the cost of the "Required Improvements." E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $1,921,980.50, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Engineering Services Director within 18 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $1,921,980.50 in the pledged account pursuant to the terms of this Agreement. 3. Lender agrees to hold in the pledged account the sum of $1,921,980.50, to be disbursed only pursuant to this Agreement. 4. The funds held in the pledged account shall be released to the Developer only upon written approval of the Engineering Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Engineering Services Director shall approve the release of any remainder of funds held in the pledged account except to the extent of $192,198.05 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in the pledged account by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Engineering Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract and will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The funds held in the pledged account drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts to the Developer shall constitute authorization by the County to the Lender for specified funds to the Developer. Payment by the Lender to the Developer of the amount specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records being furnished for review and approved by the Engineering Services Director for compliance with the Collier County Subdivision Regulations. 7. The Engineering Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) 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 of the Required Improvements. However, in no event shall the Engineering Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirem.ents of this Agreement. 8. Should the funds held in the pledged account be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Engineering Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Engineering Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of May, 2003. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Print Name: ALANDA, LTE BY:By: Alanda'il oJ ~ its General Partner ~ent Kfmberly 5. Best Print Name: Print Name: AMSOUTH BANK Timothy J. McLean, Vice President ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman ~~bgal sufficiency: Patrick G. White Assistant County Attorney L:',,Alanda. Ltd (339)xS~etra Meadow~ - AmSoulia Bank Relemance (121)~Esa~w Agre~ne~t rev by Patrick White JUN 2 ~ 2003 Preliminary Cost Opiuioa of Subdivision Improvemen~ For SIERRA MEADOWS COIHMERCIAL SU~DMSION AJYD MASTER DRAINAGE July 2, 2002 ITEM NO. UNIT DESCRIPTION QUAN/UNIT PRICE PRICE Al A2 A3 A4 AS A6 A7 A8 A9 Al0 All Al2 Al4 3,15 Al6 Al7 A20 .421 A24 24 AC $3,000.00 33 AC $$,000.00 57,$00 CY *$8.00 13,000 SY 52.25 10,750 SY 55.00 10,750 SY $4.00 187 LF $22.00 256 LF $25.00 264 LF $30.00 774 LF $40.00 114 F_-~. 355 LF $60.00 6 E.A $2,000.00 3 E.A 52,800.00 12 F.A $2,800.00 I ! EA $2,500.Q0 6, I00LF $6.00 1,120 LF ~.00 6,2O0 LP S8.00 36,000 SY ' S0.35 32,000 SY $1.35 ILS S6..000.00 II,000 LF S1.10 ILS $15,000.00 ILS $6,400.00 $72,000.00 $165,000.00 $460,000.00 529,250.00 $§3,750.00 $43,000.00 S4, I 14.00 $6,400.00 $7,920.00 $30,960.00 $5,700.00 S21..300.00 $12,000.00 $g,400.00 ~33,600.00 $27,500.00 $36,600.00 $6,720.O0 $49,600.00 $12,600.OO $43,200.00 · 56,000.00 $12,100.00 $15,000.00 $6,400.00 SUB TOTAL :S1,I69,114.00 B. POTABLE WATER CONSTRUCTION B 1 PVC C-900 DR[ 8 (8") B2 PVC C-900 DRI4 (8") B3 Fir= Hydmm A~scmbly B4 Gate Valve (S") B 5 Hot Tap 20"x8" B6 lack & Bom ( B7 T=nporary Blowoff= B8 Bact~al .~u~pic Polar B9 Double Wa~r S~rvice BI0 $ia§1¢ Wau~r S~vi~ n ! I P~man~nt Stungliag B [ 2 A~' R¢l~as~ Valv~ 1,950 LF $18.00 S35,100.00 700 LF S25.0~ SI 7,~00.00 12 EA $2,300.00 S27,600.00 8 EA. $1',200.00 $9,600.00 2 EA $10,000.00 $20,000.00 140 LY' $180.00 $25~00.00 ! EA $750.00 S750.00 I EA. $900.00 $900.00 3 EA. $500.00 $1,500.00 I EA $400.00 $400.00 I EA' $1H00.00 $1;200.00 4 EA $1,50~.00 $6,000.00 SUB TOTAL $145,750.00 C. .SA HITARY SEWER CONSTRUCTION C1 PVC Pipe SDR-26 C2 Forc~main (4" PVC DR-Z5) C3 For~main (4" PVC DR-i 4) C4 PVC Sa'vices (6") W/Clcanout. C5 Mar~ol~ C6 LiR Smion (8' C7 Fore,main Corrosion/2.0" x 4" Hot Tap C8 16" Jack & Bor~ C9 ~ S~r Stub w/Clem~z 1,875 LF $30.00 550 LF $12.00 172 LF $18.00 7 EA 5500.00 7 EA. $3,000.0{ ! LS $85,000.0{ I [3 S7,500.0C 65 LF $160.0C 3 ~ $I,000.0~ 3~1.J~b~H4~1437~umen~s~::~un~y~ns~P~$~na~a~Su~m~aR1437-C.~$~-C~ns~u~ SUB TOTAL $$6,Z50.00 $6.600.00 $3,096.00 $3,500.00 i o $I0,400.00 O. Rci, TI'LESNAKE HAMMOCK IMPRO%~MENT~S Ol 2' S-I ~phalt D2 I" S-IIi AsphaLt D3 g" Lime~ck D4 12" S~bil~cd Sub.dc D~ 18" RCP ~ i 8" Mil~d End ~on D~ T~ "E" Di [4 x !3 RCP ~ [4 x 23 Mtt~ End S~cgoa DI0 -Striping & DI ! MaMt~n~ DI2 Sod DI3 ~1o~ Pow~ Pole ~ 911 DI4 Typ~ "F' DIJ Dminag: D I~ C~ 951 lngrs~cfi~ R~airs DI7 Emba~:nt (~ Pla~) DI~' 6' Conc~ 4,g$0 SY 4,850 SY 4,850 SY 5,650 SY 230 LF 4F.A [EA 60 LF 2EA ILS i LS 4,000 SY I [iA 400 LF 3 E^ ! L$ 5,300 CY 3,10(} LF $5.00 $2.~0 S5.00 S2.00 $30.00 $800.00 $3,500.00 I25.00 S700.00 S5,600.00 [lO,O00.O0 Sl.35 S l 0,000.O0 $7.00 $300.00 $5,000.00 SS.oo 59.00 SUB TOTAL S24.210. $12.12S. $2¢,2~0. S 11,300. !16,9(10. 53,200. 53,~00. Sl,400 S5.6~0 $ l 0,O0O I5,400 S10,006 S2,gOO $900 $5,000 S42,4D0 s27,~o_ S198,42S E. CR 9!}I IMPROVEMENTS- El Re. move Curb E! Re. move Sidewalk E3 Typc "P4" Inlet E4 15" RCP E5 Corm~t aa Existing Ialet E6 2" ,g-t Asphglt E7 I" s-iii Asphalt Eg g' Limerock Base E9 12" Stabilized Subgrade El0 Type "F" Curb E 11 6' Concr~c Sidewalk El2 Striping & Sigrmge El3 Maiaten~c~ of'franc El4 Embankment (la Place) 500 LF 500 LF I EA 56 LF I EA 480 SY 4g0 SY 480 SY 560 S¥ 500 LF 500 LF ILS ILS 700 CY 55.00 $10.00 $2,500.00 $25.00 S2,500.00 $5.00 $2.50 $5.00 $'2.00 S6.00 $9.00 S i, 000.00 S2,500.00 S8.00 SUB TOTAL GRAND TOTAL 110% BOND AbIOUNT S5,0Q0 Sl,4OO $2~00 $2,400 5 ~ ,200 s2,4o0 Si,OOC S2~ ss,~! S37,62~ $1,747 ~,2~! $1,921,.qgi Prepared By: Baak.s Engineering, Inc, David R.. Undcrhill. Jr., P.E. Florida Registration No. 47029 $;Llobs~14~1437~Oacument~ aunty~-~n s~al&n / andialat S u bm ~a1%1437_0o$1*: $t41: o¢l$~arls& Pla~S ubmitta[ lJUN 2q 2003 EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VALENCIA GOLF AND COUNTRY CLUB, PHASE ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND A~PROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY, AND TO ACCEPT CERTAIN OFF SITE DRAINAGE EASEMENTS OBJECTIVE To approve for recording the final plat of "Valencia Golf and Country Club, Phase One", a subdivision of lands located in Section 23 Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Golf and Country Club, Phase One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Valencia Golf and Country Club, Phase One" be approved for recording. Additionally, there are certain off site drainage easements, which are being dedicated to the County by separate instruments. The Drainage and Maintenance Agreements have been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The project cost is $1,290,680.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $574,296.80 - $716,383.33 The Security amount, equal to 110% of the / project cost, is $1,419,748.83 AGF..,'~A {'r'Dd ~ Executive Summary Valencia Golf and Country Club, Phase One P~ge 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $13,201.80 Fees are based on a construction estimate of $716,383.33 (does not include Orangetree Water & Sewer) and were paid in March, 2003. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)-$ 880.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT~ Construction Drawing Review Fee Water & Sewer (.50% const, est.) - N/A Drainage, Paving, Grading (.42% const, est.)-$3,008.81 Construction Inspection Fee Water & Sewer (1.5% const, est.) - N/A Drainage, - $9,312.99 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES~ issues HISTORICAL/ARCHEOLOGICAL IMPACT~ There are no historical archeological impacts EAC RECOMMENDATION~ Approval CCPC RECOMMENDATION~ Approval PLANNING SERVICES STAFF RECOMMENDATION~ There are no outstanding environmental or That the Board of County Commissioners approve the Final Plat of "Valencia Golf and Country Club, Phase One" for recording with the following stipulations: Approve the amount of $1,419,748.83 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AG~IOA i~ JUN2 ZO03 Executive Summary Valencia Golf and Country ~lub, Phase One ,Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. c. Authorize the Chairman to execute Maintenance Easement Agreements. the Drainage and PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: strator ity Development & Environmental Services Dat'e JUN 2 2083. 6Z 'M'S Lc;6 JUN 2 ~ 20~3 EXECUTIVE SUMMARY REQUEST APPROVAL AND FUNDING OF A NEW POSITION IN THE TOURISM DEPARTMENT THAT IS CURRENTLY A CONTRACT FOR SERVICES POSITION To provide a more concise and streamlined operation in the Tourism Department by converting a currently contracted service to a permanent position. CONSIDERATIONS: The Tourism Department is at a major turning point in creating an efficient and' highly productive organization to promote tourism in Collier County. The addition of this new position will enhance the services provided to the traveling public. · Currently the County contracts for Public Relations services under an agreement with Kelley Swafford & Roy, Inc. (KSR) at an annual fee plus expenses cost of $160,000. Public Relations is a critical part of our tourism marketing strategy, and full time dedication to this task is essential. Currently the Public Relations professional at KSR splits time with two other clients in addition to the Collier County duties. The time to set up meetings with our staff and to implement Public Relations campaigns would be improved dramatically by having this position in-house. An annual cost of salary and benefits for a full-time Public Relations Manager is projected at $ 90,200, a savings of $69,800. The Tourism Department has an RFP for Marketing Services currently on the street for advertising services only, anticipating bringing this position in-house. This position will be key to the future success of our tourism promotion efforts and will pay for itself with increased tax revenue and economic impact to Collier County. This PR position will improve the efficiency and accountability of the tourism promotion efforts and will allow present staff to concentrate on their primary duties. This new position has been discussed with the County Manager and there is concurrence with the increased efficiency and cost savings this position will bring to the County and to the Tourism Department. FISCAL IMPACT: There are no fiscal impacts regarding this action, as no increase in the Advertising/Promotion budget is required. The total annual cost of this position is projected to be $90,200. The cost for the balance of FY 02-03 is projected to be $22,600 (3 months) and is available in the Fund 194 operating account line. The future annual savings in the amount of $70,000 realized by bringing this positio, i,,-hglgg, g~i~. , used for additional destination advertising and promotion. I~_ ](t~,.~ L~ JUN 2 2003 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from this new position. TOURIST DEVELOPMENT COUNCIL ACTION: The TDC will be briefed on this position at their June 23, 2003 meeting. Staff believes that the TDC will recommend converting this contract position to a permanent position based on the cost savings and increased efficiency in the Tourism Department. RECOMMENDATION: Staffrecommends the County Commission approve converting a contract position for Public Relations to a permanent full-time position. PREPARED BY: ~i.~__~ ~7~ Jack Wert, Tourism Director REVIEWED AND/y'-', APPROVED BY: / yse/ph K. Schmit{, Administratdr DES Division JUN 2 2003 EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISSIONERS FIND THAT GLOBAL MANUFACTURING TECHNOLOGY, INC. IS IN DEFAULT UNDER THE PARTICIPATING PARTY AGREEMENT (PPA) EXECUTED WITH THE COUNTY ON AUGUST 3, 1999. OBJECTIVE: The Board of County Commissioners (BCC) find that Global Manufacturing Technology, Inc. (Global) is in default under the Participating Party Agreement (PPA) executed with the County on August 3, 1999. CONSIDERATIONS: On March 29, 1999, Collier County submitted an Economic Development application to the State of Florida Department of Community Affairs (DCA) for a Small Cities Community Development Block Grant (CDBG). The purpose of this grant application was to construct a manufacturing facility at the Immokalee Regional Airport. The grant agreement was executed on October 1, 1999 for $750,000. As part of the grant application requirements, a private for-profit company, Global was identified as the participating party in the application. Global executed the Participating Party Agreement (PPA) on August 3, 1999, and committed/agreed that they would take the following actions: · Expand their business to occupy the new facility. · Retain three current employees (3 FTEs) while creating an additional new twenty- two (22) FTEs of which twelve (12) FTE positions would be made available to low to moderate-income (LMI) persons. Potential job types to be created were identified on the application and PPA. · Conduct in-house training programs. · Hire at least one (1) FTE through the State of Florida's WAGES Program. · Assume responsibility for all maintenance of the facility. On February 18, 2003, the County, through its Financial Administration and Housing Department, and pursuant to the provisions of Paragraph Four (4) of the PPA, sent a letter to Global requesting detailed information about the status of the above commitments and Global's plan of action. In response, a letter dated February 24, 2003, from Mr. Eric J. Vasquez, the attorney representing Global, stated that, "Please be advised that Global intends to fully perform all terms and conditions of the Participating Party Agreement (PPA) signed on August 3, 1999." None of the documents or other communications received from Global to date are sufficient to evidence either Global's present ability to comply with, or planned means of compliance with, the above-stated commitments. Although letters of intent were received from potential sub-tenants for the County to review, Global's Marketing Plan for these sub-tenants does not contain the required detailed training programs, tim~. for accomplishing the requirements, commitments on job creation, etc. importantly, there has been no mention of Global's plan to expand its own busine occupy the facility, as required by its commitments under the PPA. JUN 2 q 2003 The Immokalee Manufacturing Facility was constructed in part by funds from: CDBG (the Economic Development Grant), Collier County, and USDA grant. The CDBG funded amount covered 51% of the total construction costs for the second building to expand the Immokalee Airport Manufacturing Facility. Global's most recent Marketing Plan intends to obtain an economic gain by re-leasing all of the expanded facility at a rental rate higher than that due to the Airport authority for pass through to the DCA. This plan to charge a higher rate to subtenants is not consistent with the requirements of the CDBG regulations because the CDBG funded portion (51%) of the expanded facility must be for job creation, that portion of the expanded facility would be ineligible to receive recurring income payments. Additionally, under the grant agreement between the DCA and the County, any program income generated with the CDBG funds must be submitted to the DCA monthly for the following 20 years. Therefore, Global cannot lawfully use 51% of the expanded facility as an income generating activity for themselves; such an arrangement would be contrary to the terms of the PPA. Paragraph Four (4) of the PPA states that: "The failure of Company (Global) to create or cause to be created and/or retained or satisfactorily document the creation and/or retention of the agreed upon number of jobs made available to members of low or moderate income households, shall be an act of default by the Company under this Participating Party Agreement." (Emphasis added). Global's Marketing Plan, dated May 23, 2003, does not provide any information regarding the types of job training programs, target groups, or timelines to perform. Accordingly, under Paragraph 4 of the PPA when taken in combination with the absence of any plan to expand and occupy the facility, Global is considered to be in default. On June 9, 2003, staff sent a letter to the Global putting them on notice considering that they were to be in default under the.PPA. The lack of a lease agreement with a viable participating party has resulted in the manufacturing facility standing vacant for almost one year since the Certificate of Occupancy (CO) was issued on July 30, 2002. The current grant extension with the DCA expires March 27, 2004. Thus, the County has until 'March 27, 2004, to create the 22 FTE's to comply with the grant agreement. Staff plans to work with the Collier County Economic Development Council and Collier County Airport Authority to market the property and locate potential tenants to occupy the facility and to create the grant required jobs. FISCAL IMPACT: If the economic development element (job creation) of the CDBG grant is not timely fulfilled, the County will be held in non-compliance by the Department of Community Affairs (DCA) and the County will have to pay-back__ActresS' $750,000 in grant money to the DCA. J UN 2 2003 GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Immokalee Area Master Plan of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners find that Global Manufacturing Technology, Inc. is in default under the Participating Party Agreement (PPA) executed with the County on August 3, 1999. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~ Date: Lee, Combs, HUD/Fedg,ral Grants Manager F. inJancia, l.Ad~l~histra~{o~ and Housing H. Denton Baker, Director Financial Administration and Housing /seph K. sCfi~nitt, Adrr~inistrator / 't mmunity Development & Environmental Services JUN 2 2003- COLLIER COUNTY CONTRACT PARTICIPATING PARTY AGREEMENT THIS PARTICIPATING PARTY AGREEMENT, is entered into this ~day of ~; 1999 by and between the Board of County commissioners of Collier County, Florida (hereinafter referred to as the "Recipient"); and Global Manufacturing Technology, Inc. (hereinafter referred to as the "Company"). RECITALS I. The Recipient is eligible for a Small Cities, Community Development Block Grant for Economic Development (CDBG-ED) from the Department of Community Affairs (hereinafter referred to as the "DCA") State of Florida in the amount of $750,000. The purpose of this grant is to const~?uct a manufacturing facility at an industrially zoned area known as the Immokalee Regional Airport, which is owned by Collier County. The specific conditions under which the CDBG-ED grant funds will be expended shall be contained in a DCA Contract with the Recipient (hereinafter referred to as the "Award Agreement). II. The CDBG-ED grant conditions the funding upon the Company taking certain actions with regard to the development of the property at the Immokalee Airport for purposes consistent with the grant program. III. The Recipient and the Company desire to memorialize their understandings and obligations regarding the implementation of the CDBG-ED grant to the Recipient. THEREFORE, IN CONSIDERATION OF the foregoing recitals, and for other good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Recipient and the Company agree as follows: The Recipient's CDBG-ED application, as revised per site visit, submitted to DCA, dated March 26, 1999, (hereinafter "Application") is incorporated herein by reference and made a part hereof. The Company agrees to perform the specific activities previously agreed to by the Company in the Application and those recited herein. A~,- A~.. JUN 2 q 2003- __._ ! - The term of this Participating Party Agreement shall commence on the date that it is duly executed by both parties, and shall expire on the, date of DCA's approval of administrative close-out of the Award Agreement and when all other conditions as specified by the Award Agreement and this Participating Party Agreement are met. The Company will create and satisfactorily document the creation and/or retention of at least Twenty Two (22) full-time equivalent permanent net new jobs, of which Twelve (12) full-time equivalent permanent net new jobs are to be made available to members of low income families as specified in the Application. If more than Twenty Two (22) full-time equivalent permanent net jobs are created, fifty-one percent (51%) of those jobs shall be made available to members of low and moderate income households. These jobs shall be created and/or retained no later than twenty-four (24) months from the date of this Participating Party Agreement, as it may be amended. Documentation shall be the Florida Small Cities CDBG Program Pre-employment Household Income Verification Form for each job created (Attachment A). The requirement for documentation of the creation and/or retention of these jobs shall be retained for a period of three (3) years following the expiration of this Participating Party Agreement. The failure of the Company to create or cause to be created and/or retained 'or satisfactorily document the creation and/or retention of the agreed upon number of jobs made available to members of low or moderate income households, shall be an act of default by the Company under this Participating Party Agreement. The Company shall provide or cause to be provided such training to members of low and moderate income households, as may be necessary to equip them with the skills required to obtain and retain the jobs created that have been designated in Application Form E-10 (G) (Attachment B) or any mutually agreed to revisions to Form E-10 (G) ~ JUN 2 4 2003 If requested by the Recipient, the Company shall provide to the Recipient or its agents such reasonable information concerning the project as the Recipient may reasonably require as it relates specifically to the conditions of the grant. This Participating Party Agreement and any amendments thereto, must be approved by the DCA as to form aid content prior to execution. Upon approval of DCA, Participating Party Agreement shall be immediately executed, and a copy shall be mailed to the DCA by the Recipient, The right or approval granted to the DCA with respect to changes to the Participating Party Agreement between the Recipient and the Company shall survive the term of this Agreement. The DCA does not assume any liability or responsibility for the accuracy or enforceability of this Participating Party Agreement through the exercise of this right of approval. Any extension of the Award Agreement Pursuant to Florida A~min. Code 9B-43.014,.. shall act as an extension of this Participating Party Agreement. Failure of the Recipient to notify the Company of such an extension shall not invalidate this provision. Enter into a lease for the Immokalee Regional Airport Manufacturing Facility Phase II at a Fair Market Lease Rate through the Collier County Airport Authority. The amount of the lease shall be determined upon completion of the Immokalee Regional Airport Manufacturing Facility Phase II based upon final costs. Rent charged to the Company shall not exceed 5% (five percent) above the original negotiated lease. 10. The Company shall be responsible for all maintenance for the Immokalee Regional Airport Manufacturing Facility Phase II and shall secure insurance of a type and amount to be negotiated with the Recipient. 11. At a minimum, the Company shall participate in the State of Florida's WAGES Program, and will hire at least one permanent full-time employee who is currently seeking work through this program. Th~ hirinc of AG~A I ]'ENI~ participant must be documented in writing with the Re :ipi~r JUN 2 3 ~g. after hiring as possible. 12. Company, in consideration of Ten Dollars ($10.00),-the receipt an~ sufficiency of which is acknowledged by the signing of this A~reement, covenants and agrees that it will defend, protect and save and keep, the ~ecipient, and its agents and employees, forever harmless and indemnified against and from any claims, suits and actions, penalty, damage, injury, attorneys' fees, costs or charges imposed, for any violation of any law or ordinance by the Company, whether occasioned by the neglect of company or those holding under Company, or otherwise, and that company will at all times defend, protect, indemnify and save and hold harmless the Recipient against and from all claims, suits, actions, loss, injury, costs, attorneys' fees, damage or expense, arising out of or incidental to the performance of this agreement by the Company, or work performed by Company, its agents and employees, under the CDBG-ED grant. This provision shall also pertain to any claims brought against Recipient by any employee of Company, any sub-contractor of the Company, or anyone directly or indirectly employed by any of them. JUN 2 2003 IN WITNESS WHEREOF, the Recipient and the Company have executed this agreement as of the date first written above. ~ATTEST: . . ~,' · Attlst, as .to s lgn~ture, on17. '<': LEG~ SUFFICIENCY: HEIDI F. ASSiST~T CO~TY ATTO~EY BOA3~D OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITIC~ SUBDIVISIQN OF THE ~TATE OF FLORID~ Date: ATTEST: PRINT NAME A/TD TITLE .~ s I S~A~RE ~ PRINT NAME ~%ND TIT~ GLOBAL MA.N'UFACTURING T~ECH~OLOGY, INC. DONNA A. FOX - PRESIDENT/TREASURER Date: JUN 2 zt 2003. Attachment A PRE-EMPLOYMENT HOUSEHOLD INCOME VERIFICATION FORM NAME OF JOB APPLICANT HOME ADDRESS PHONE MAILING ADDRESS NUMBER OFPERSONSLIVING ATTHEABOVEADDRESS BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE STATE WHETHER THE INCOME FOR YOUR HOUSEHOLD WAS BELOW THE SPECIFIED RANGE DURING THE LAST TWELVE MONTHS. NUMBER OFPERSONSIN HOUSEHOLD INCOME RANGE FOR 1999 $0.00 TO $33 100 $0.00 TO $37 800 $0.00 TO $42 550 $0.00 TO $47 300 $0.00 TO $51 050 $0.00 TO $54 850 $0.00 TO $58 650 $0.00 TO $62 400 WAS YOUR INCOME BELOW THIS RANGE Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Please indicate how many people in each of the following categories reside in the household. Some members may need to be counted in more than one category. American Indian/Alaskan Native Asian or Pacific Islander Black, Non-Hispanic Elderly (60+) Female Head of Household Handicapped Hispanic White, Non-Hispanic The above information is required by the federal government solely to monitor compliance with equal opportunity employment laws and will not be used for other purposes. Should a job applicant decline to disclose the above information, the employer is required to note race and sex based on visual observation or surname. I affirm that the information stated on this form is true and accurately reflects the composition and income data of the household in which I reside. JOB APPLICANT'S SIGNATURE DATE G:\ CDBG Economic Development Grant - Incubator Facility Immok 1999\Letter - Pre-employment Verification Form.doc ( You may copy lhis form as needed ) 2003 Attachment B (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF PARTICIPATING PARTY Global Manufacturinq Technoloq¥, Inc. JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL TOTAL ANNUAL PROPOSED CREATED JOB PAY RATE JOBS TO JOBS TO BE ANNUAL PAYROLL FOR HIRING DATE OR ANNUAL BE CREATED PAYROLL JOBS TO BE MONTH/YEAR PAY RATES CREATED FOR LMI FOR THIS JOB CREATED FOR PERSONS TITLE LMI PERSONS Assembly person $ 21,000 5 5 $ 105,000 $ 105,000 5/01-9/01 Receiving/Attendant $ 21,000 1 I $ 21,000 $ 21,000 12/2000 Machinist $ 25,000 4 0 $100,000 6/01 -- 9/01 CNCOperators $ 20,000 4 4 $ 80,000 $ 80,000 05/01-09/01 Customs Tech. $ 25,000 1 0 $ 25,000 09/2001 Maintenance Worker $ 18,000 2 2 $ 32,000 $ 32,000 06/01-09/01 Wet Process. Painters $ 24,000 2 0 $ 48,000 08/01-09/01 Assembly Supervisor $ 30,000 I 0 $ 30,000 07/2001 Bookkeeper $ 25,000 1 0 $ 25,000 09/2001 General Manager $ 30,000 I 0 $ 30,000 10/2000 TOTALS=____..__.=_~ 22 12 $ 496,000 $ 238,000 ~ AGENOA rn=M JUN 2 4 2003 CDBG-E.2 APPLICATION SUMMARY 21) . APPLICATION NARRATIVE AND PUBLIC BENEFIT NARRATIVE Provide a detailed narrative of the proposed project describing: ao The roles of all Participating Parties, local governments, other government agencies, developers, and other parties whose actions or participation are necessary for the success of the project; The Collier County, Florida (the grant applicant) is applying for CDBG funds to fund construction of a USDA apprOved 20,000 SF Manufacturing Incubator Facility that will allow for the expansion of an existing business. The site of this facility is located in a Federal recognized Enterprise Zone known as the Immokalee Regional Airport. This Airport is located in Immokalee, Florida. The new assembly/manufacturing facility will be constructed at a cost of approximately $1,389,000, including engineering costs. Collier County Government already owns the property where the facility will reside. This new building will be owned by the Airport Authority, and will be leased to Global Manufacturing Technologies, Inc. which will allow them to retain 3 current employees while creating an additional 22 new positions. As stated above, the total building construction costs will be approximately $1,389,000. The Collier County Airport Authority will pay for 77% of the Architectural/Engineering costs, approximately $139,000. A USDA grant will pay for 23% ($41,552) of the engineering costs and $458,448 of the construction costs. If CDBG funds are not forthcoming to fund this building construction project, Global Manufacturing Technologies, Inc. will not be able to expand its operation, and the 22 new jobs, of which over 51% are LMI targeted positions, will not be created. If the USDA grant is not forthcoming, the project will be scaled back to a smaller building. How a national objective will be met pursuant to Rules 9B-43.006(2)(b) and 9B-43.011(3) and (4), Florida Administrative Code, and 24 C.F.R. Section 570.483 (b)(4). If a national objective is attained under the provisions of 24 C.F.R. Section 570.483(b)(4)(iv)or (v), documentation must be provided with the application; A national objective will be met by the creation of 22 new jobs, of which over 51% are targeted for Iow to moderate income households in Collier County. c. Why the CDBG assistance is needed in the proposed project; Without the grant funded building, the proposed company, Global Manufacturing Technologies, Inc. would not be able to expand it's operation in Collier County, nor would it be able to create the 22 new jobs of which over 51% are LMI targeted positions. do All the activities to be undertaken as part of the project, without regard to the funding source or whether the funding for the activity will be counted for leverage; and This building will constitute Phase II of the Immokalee Airport Industrial Park project. Collier County will construct this second facility, with a total of 20,000 SF of space to compliment the current 13,000 SF facility now being constructed at a site adjacent to the proposed building. I A GENDA I~ ~ JUN 2 2003 I I ] ! [ [ ] The types, number, wage rates, etc. for the jobs to be created or retained by the Participating Party(s) The types of positions, total jobs created, hourly or annual rates of pay concerning retained employees can be found on pages 51 of this application (CDBG-E-10 CURRENT EMPLOYEE INFORMATION). The types of positions, total jobs created, hourly or annual rates of pay concerning created positions can be found on pages 52 (CDBG-E-10 NEW JOB CREATION INFORMATION). o Document the public benefit by: a. Describing the number and types of jobs to be created or retained in relation to the employment needs of Iow and moderate income persons and other persons likely to be employed or retained; Global Manufacturing Technologies, Inc. will retain 3 current employees while creating an additional 22 new positions. Of these 22 new positions, Over 51% are LMI household targeted. The majority of these new positions will be manufacturing/assembly in nature. The types of positions that will be needed to assist in the expansion of this company are machinists, Wet processing Bay Painters, Maintenance Workers, CNC operators, assembly workers and supervisors. In addition, some office staff will be hired to support this expansion.. bo Describing any additional development, spin-off jobs, and need for additional goods and services which are likely to be stimulated in the area by the proposed project; Global Manufacturing Technologies, Inc. deals mainly with the manufacture of hard-to-find, specialty aircraft parts for the aeronautical industry. Because of the close proximity to the Immokalee Regional Airport, other aeronautical parts companies have expressed an interest in possibly re-locating there. In addition, Phase I, will house a U.S. Customs office which will make it more cost effective for manufacturers to produce products for Importing and exporting. Co Describing what increases, if any, will occurs, i'n the tax base, including property, sales, and other taxes; While the new manufacturing facility will have an assessed value of over $1,000,000, it will not be taxed accordingly because .it will be owned by the County. However, the newly created positions should bring in sales tax dollars because the employees will need to spend earnings on food and transportation products such as gasoline. Hopefully, this new facility will accelerate the economic growth of this area, which will bring more companies to Immokalee, Florida. In addition, the Increase of manufacturing companies, will increase the Tangible Tax revenues on equipment that is housed in the facility. b. Specifying the anticipated training needs of Iow and moderate income persons who may apply for the created jobs; and how and who will be providing the training; and Global Manufacturing Technologies, Inc. will have an in-house training program. This program- will involve training in assembly work, quality assurance, receivinglshipping and customer service. '' c. Stating that the cost per job created or retained by each participating party as a direct result of the CDBG assisted activity by each Participating Party is less than. $35,000 per job in CDBG funds. The cost/job created as a direct result of CDBG assistance is approximately $34,091. This is less than the maximum cost per job allowable which is one job for every $35,000 in CDBG funds. If a loan is proposed from CDBG funds, specify the exact corporate, personal, ( name of the borrower(s) and guarantor(s), amount of the loan request, propose proposed term of the loan, frequency of payment, type and value of collateral o proposed lien or mortgage position of the CDBG loan. (The interest rate may be percent per annum below the prime interest rate as of the date of the applicatio~ 7 ;red, and no 003- for this phase, proposed lien or mortgage position of the CDBG loan. (The interest rate may be no less than 5.5 percent per annum below the prime interest rate as of the date of the application for this phase, but in no case may it be less than 4 percent per annum). This item does not apply because this application is for a Economic Development Grant. 22) 23) Is the local government participating in the National Flood Insurance Program? Yes X No Has the local government been declared to be in a state of financiai emergency pursuant to Section 218.50 - 218.504, Florida Statutes at any time during the two years prior to submission to the application? Yes No X JUN 2 2003 I I I I ! i ! MAIL TO: 7684 SANTA MARGHERITA WA E NAPLES, FL 34109 SHIP TO: 3435 ENTERPRISE AI'~. # 1 NAPLES. FL 34104 941-597-9135 FAX: 941-597-1644 March 5, 1999 Mr. Donald 1L Blaloek HUI Manager Housing and Urban Improvement 2600 N. Horseshoe Drive Naples, FL 34104 RE: 1999 CDBG Economic Development Grant Application Immokalee Regional Airport Manufacturing Incubator Facility D. Initial Participating Party Commitments E. Business Plan F. Participating Party's Current Employee Information G. Participating Party's Pro~sed New Job Creation Information Do INITIAL PARTICIPATING PARTY COMMITMENTS 1. A clear statement of the concept, scope, and cost of its part of the project. a. Provide a brief description of each Participating Party that docmncnts its exact legal name. The exact legal name is Global Manufacturing Technology, Inc. bo Explain the products or services offered, and states how it will benefit from the project. We manufacture specialty products for the Aeronautical, Automotive, Medical, and Commercial Industries. This project will allow us to further expand our services to offer assembly, warehousing, customs, bonded areas and finishing processes to our customer base. If the Participating Party will be considered a start-up, so state. We wish not to be considered a start-up. If the participating Party is an expansion or relocation, describe the present operating conditions, locations, and the reason for the expansion or relocation. We are currently located in Enterprise Industrial Park. We need to expand operations because of growing the business, adding additional services and additional employees. We need more space because our current facility will not allow us to add the additional employees or services due to lack of space. Because of these facts we will be relocating to the Immokalee Regional Airport Industrial Park from the Enterprise Industrial Park. ANo. ~C~ I~~ For a business relocation, describe the impact on present employees. There will be no impact on our current employees regarding this issue .JUN 2 ~ 2003 I I I I I I I i ! i i I I I I I I I [ e o o The nature of its commitment, including: a. The total number of jobs created and/or retained. The total number of jobs retained will be three. bo The number of jobs created and/or retained for Iow and moderate income persons. The total number of jobs created will be twenty-two (22). Co The amount and terms of its private financial commitment to the project. We will be committing approximately $350,000. To increase our capacity to manufacture products for our industries. However, this will not be used as leverage for this project. An agreement to relocate, begin construction, or take other appropriate positive action within a specified period of time after the effective date of the grant. Global Manufacturing Technology, Inc. does commit itself to contract for a lease with the Immokalee Regional Airport Authority upon completion of this new manufacturing facility. In addition, upon completion of this facility, Global Manufacturing, Inc. will relocate to this site. A willingness to provide the required documentation. Documentation must include the basis upon which the job creation estimates are made, such as franchise, information, industry averages, specific like-projects, or other empirical dam. Global Manufacturing Technology, Inc. will provide all required documentation regarding the basis upon which job creation estimates are made. A clear statement of willingness to sign a legally binding Participating Party Agreement upon award of the grant. Upon reservation of funds by the Department of Community Affairs, Global Manufacturing, Technology, Inc. will sign a legally binding Participating Party Agreement with Collier County Government. The identity and location of any collateral to be pledged by thc Participating Party or any other requirements to be met that is required by the local government. Global Manufacturing Technology, Inc. will not be'pledging any collateral to this project That each principal will personally guarantee the CDBG loan if any portion of the grant is to be used for a loan to a for-profit business. This requi'rement does not apply because this request for funding is not a CDBG loan. The names, titles, and ownership shares of all principals; Donna A. Fox, President & Treasurer (52 Shares) Lawrence M. Fox, Vice President & Secretary (25 Shares) Earl W. Houghton (25 Shares) That the job creation location would not have been selected with'out the local government's agreement to provide any proposed infrastructure, if applicable. This requirement does not apply because the necessary, infrastructure is already in place. The uses and the amounts to which all leverages and equity funds will be dedicated. Leverage funds may not be dedicated to thc ongoing operations and expenses of the Participating party except for the reasonable amount of cash that is reflected on the pro-formas as the ongoing cash "cushion" to be maintained on a consistent basis. Typical uses of leverage funds include land, buildings, machinery, permits, furniture, fixtures, and rolling stock. This requirement does not apply because Global Manufacturing Technology, Inc. will not be pledging any leverage to this project A~A IIEM j - JUN 2 2003 I I I I I I I ! I I I I I I I I 10. Adequate information to complete HUD form 2880 to document the pecuniary interest and other disclosure requirements of Section 102 of the HUD Reform Act of 1989. Collier County Government will be submitting ltud Form 2880, regarding disclosure requirements. A statement that for the last two years: a. The Participating Party has not declared bankruptcy. Global Manufacturing Technology, Inc. has not declared bankruptcy within the last two years. b. That no princip,~ of the Participating Party has declared bankruptcy. Global Manufacturing Technology, Inc. states that no principal of its corporation has declared bankruptcy within the last two years. JUN 2 ~ 2003 I I I I i i I I I I I I BILL TO: 7684 SANTA MARGHERITA WAY NAPLES, FL 34109 SHIP TO: 3435 ENTERPRISE AVE. # 1 NAPLES. FL 34104 941-597-9135 FAX: 941-597-1644 MARCH 3, 1999 Mr. Don Blalock Collier County Housing and Urban Improvement 2800 North Horseshoe Drive .Naples, FL 34104 RE: Manufacturing Incubator Phase II Dear Mr. Blalock: The second manufacturing incubator building to be constructed at the Immokalee Regional Airport Industrial Park will facilitate the expansion of our business by providing us with a facility that is spacious enough to accommodate assemblY work, has adequate, secure warehousing space and area designed for wet processing. If the Collier County Airport Authority does not secure CDBG funds to assist with the cost of this building and cannot subsequently move forward with construction, we will no be able to grow as planned. ~Sincerely, ~ ) Donna Fox Presidem JUN 2 ~ 2003. I I March I I i I sole proprietorship, co-operative, public agency, private not-for-profit, of I subchapter-S corporation and identity of all principals. . Global Manufacturing Technology, Inc. is a subchapter-S Corporation. Principals are Donna A.Fox, President with 52 Shares, Lawrence M. Fox, I Vice President with 25 Shares, and Earl W. Houghton, Manufacturing ~ Specialist with 25 Shares. I ,~. A description of the Participating Party, its history, its organization, its operation, its product line, including Standard Industrial Code (SIC), its market and competition, and its sales history. I a. SIC: Global Manufacturing Technology, lnc's SIC Code 5099 b. History: Global started three years ago as a small woman-owned manufacturing company. It was created to fill the need for a company I that could take a product from design and prototype to production. Our growth is to include more servic.~, to our customers and offer a I completed product under one roof (ie., assembly, finishing processes, distribution options). c. Market: Aeronautical, Automotive, Medical, Environmental and I Commercial Industries. d. Competition: Small job shops, and larger manufacturing companies. e. Annual Sales History: 1996-$23,000. _ ..... I 1997-$100,000.. 1998-$124,000. I JUN2}2 I l I I I I I I I I I I I I I I I I ! A description of the relationship of any subsidiary or parent organization. Attach the most recent financial statement for the affiliated organization, if applicable. This requirement does not apply because Global Manufacturing Technology, Inc. does not have a parent company nor any subsidiaries. Current ownership of the proposed job creation location and, if applicable, the status of acquisition. The property is currently owned by the collier County Airport Authority and the newly constructed building will be owned by them as well. Flobal Manufacturing Technology, Inc. will only be leasing the building from them. A lease agreement will be signed if funds are awarded to this project by the DCA. Participating Party(s) current employee information: Using the charts at the end of the section CDBG-10, provide information, on current existing employees and currently existing jobs. Provide a separate chart for each Participating Party.. Retained jobs can be counted for scoring only when it can be documented that some third party (such as state or federal regulatory agency) requires that some action be taken that would, without CDGB assistance, cause the loss of those jobs in the State of Florida. The third-party written document must be provided with the application. For an expansion of an existing local Participating Party or an intrastate relocation, the current job numbers are required to provide a base which new creation will occur. Participating party(s) proposed new job creation information: on the charts at the end of section CDBG-10, provide information on the new jobs proposed to be created. Provide a separate chart for each Participating Party. The documentation should provide a basis moderate income households JUN 2 6 2003. I I I I I I ! (F) PARTICIPATING PARTY'S CURRENT EMPLOYEE INFORMATION CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) CURRENT EMPLOYEE INFORMATION NAME OF PARTICIPATING PARTY Global Manufacturinq Technologies. Inc. JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL ANNUAL TOTAL ANNUAL RETAINED JOB PAY RATE JOBS TO BE JOBS TO BE PAYROLL PAYROLL FOR OR RETAINED RETAINED FOR THIS JOB JOBS HELD BY ANNUAL BY LMI TITLE LMI PERSONS PAY RATES PERSONS President/Machine 32,000 1 $ 32,000 Operator VP/Secretary/ 25,000 1 $ 25,000 Machine Operator Machinist 30,000 1 $ 30,000 JUN 2 q 2003 I I I I I I I i I I I I I I I I I I (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF PARTICIPATING PARTY. Global Manufacturing Technologies. Inc. JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL TOTAL ANNUAL PROPOSED CREATED JOB PAY RATE JOBS TO JOBS TO BE ANNUAL PAYROLL FOI::; HIRING DATE OR ANNUAL BE CREATED PAYROLL JOBS TO BE MONTH/YEAR PAY RATES CREATED FOR LMI FOR THIS JOB CREATED FOR PERSONS TITLE LMI PERSONS Assembly person $ 21,000 5 5 $ 105,000 $ 105,000 7/99-2000 Receiving/Attendant $ 21,000 1 1 $ 21,000 $ 21,000 5/1999 Machinist $ 25,000 4 0 $ 100,000 8/2000 ,,,CNCOperators $ 20,000 4 4 $ 80,000 $ 80,000 12/99-2000 Customs Tech. $ 25,000 1 0 $ 25,000 01/2001 Maintenance Worker $ 18,000 2 2 $ 32,000 $ 32,,000 12/1999 Wet Process. Painters $ 24,000 2 0 $ 48,000 11/2000-1 Assembly Supervisor $ 30,000 1 0 $ 30,000 6/1999 Bookkeeper $ 25,000 1 0 $ 25,000 12/1999 General Manager $ 30,000 1 0 $ 30,000 10/1999 TOTALS 22 12 $ '496,000 $ 238,000 JUN 2 ~ 2003 52 ~- ~.-~--~ Collier County ATTACHMENT K FFY 1999 SPECIAL CONDITIONS (1) This Agreement shall be executed by Collier County ("the Recipient"), and returned with those items required in paragraph two (2) below to the Department of Community Affairs ("the Department"), at its offices at 2555 Shumard Oak Boulevard, Tailahassee, Florida, 32399-2100, within sixty (60) days (the "60 day period") after receipt, in accordance with Fla. Admin. Code Rule 9B-43.014(10)(a)(3)(0. All time periods in this Agreement refer to calendar days. After receipt by the Department of the signed Agreement and those submissions required in paragraph two (2) below, the Department will execute this Agreement and return an original to the Recipient. Should the required Agreement and the required documentation not be received within the 60 day period, any funding reservation for the application shall expire. (2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the Department. The Recipient's failure to timely perform shall cause this Agreement to expire: (A) Submit to the Department, detailed Work Plans for each activity to be funded as described in the Application and as defined on Form CDBG-E-3. The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, including but not limited to schematic design, bidding and negotiations, and at least three intermediate dates for completion of portions of the activities (i.e., 33%, 66%, and 100% completion). Funds expended for activities undertaken prior to the effective date of this Agreement are ineligible for reimbursement except for those expenses to comply with the requirements of 24 C.F.R. Part 58, those pre-agreement administrative expenses included in the application, and those additional pre-agreement cost specifically referenced in this agreement. These expenditures must be on specific projected expenditures as reflected in the Application; (B) Submit to the Department the completed Civil Rights Profile Form (attached) to facilitate the Department's civil rights review; (C) Document the creation of a separate non-interest bearing checking account ("the CDBG operating account") for the purpose of this grant. Funds will be dispatched by the Department directly to the CDBG operating account. Two copies, with original signatures, of the Signature Authorization Form included with the letter transmitting this Award Agreement shall be returned to the Department. Each individual who is a signatory on the CDBG operating account must be bonded. This condition is waived if the Recipient elects in writing to conduct its grant on a one hundred percent reimbursement basis and so certifies to the Department; (D) Submit to the Department in acceptable form an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F.R. Part 12; and (E) Submit to the Department in acceptable form the documentation required on Form CDBG-E-11; (F) Submit to the Department any additional documentation referenced in Appendix A to the cover letter that transmitted this Agreement to the Recipient. (3) Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Eight Thousand Dollars ($8,000), but in any case, no later than ninety (90) days from the effective date of this Agreement, the Department shall receive from the Recipient the following, and the Recipient's failure to timely perform will cause this Agreement to expire: (A) Document compliance with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Parts 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of th, Department will issue a Notice of Removal of Environmental Conditions; and (B) Those documents required in paragraph 5 below relating to administrative s, 26 rvic~UN 2/I 2003 (4) The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding $15,000 and prior to awarding bids or accepting proposals for construction activilies, provide to the Department a copy of all engineering specifications, construction plans, and bid documents for all services and/or materials related to those construction activities when the anticipated costs to obtain those services and/or materials are expected to or are budgeted to exceed $25,000. Further, the Recipient will not award any bids for CDBG funded construction activities until the Recipient has received the Department's written comments on said engineering specifications, construction plans, and bid documents. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with CDBG funds under this Agreement, and in no way does it indicate that the Department has reviewed or approved the plans or bids. (5) For each procured and executed professional services contract for which CDBG funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which CDBG funding will be requested, submit a copy of the following procurement documents: (A) Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; fa×ed; (B) List of entities to whom a notification of the request for proposals was provided by mail or by (C) List of firms which submitted a proposal (only if short-listing procedure was used); (D) Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); (E) Completed final evaluation / ranking forms; (F) (G) was not submitted with Portion of commission minutes dealing with contract award; Cost breakout from selected firm used for completion of the cost analysis (if pdcing information proposals); (H) Contract (signed or proposed); considered and (I) Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; (J) If a protest was filed, a copy of the protest and documentation of resolution; (K) A request for the Department's approval of a single source procurement if only one firm was the contract exceeds $25,000; (L) If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and (6) (M) If a professional services procurement will not be undertaken, so advise the Department. That the Recipient shall: (A) Construct or cause to be constructed one or more buildings which shall accommodate at a minimum the facility described in the Application (the "Global Facility"). The Global Facility shall remain titled in the name of the Recipient until such time as all requirements in paragraph 7(A) of this Attachment K - Special Conditions have been satisfied; (B) Lease the Global Facility to Global Manufacturing Technologies, Inc. (h as "Global") at a Fair Market Lease through the Collier County Airport Authority. The terms and cot shall be approved by the Department prior to the execution of the lease by the Recipient or the Cotli 27 Jitions of the lease Authority. The lease shall be executed before the County issues a Certificate of Occupation for the Global Facility; (C) Ensure that any lease extension beyond twent7 years (20) be at a fair market lease to be determined at the time of said extension; (D) Ensure that, should Global abandon the Global Facility or fail to exercise any lease renewal option, any subsequent lease shall be for at least the same lease rate unless previously approved by the Department; (E) Remit lease payments to the Department on a monthly basis. Such remittance shall continue for the economic life of the building, or twenty years, which ever comes first. The division of revenues between the Recipient (for the recovery of its expenditures) and the Department (of CDBG program income) shall be determined upon completion of the Global Facility based upon final costs and the level of contribution to the Global Facility of other funding sources; (F) Provide a copy to the Department for its approval of any proposed lease of the Global Facility prior to its execution; (G) Sell the Global Facility only at fair market value as determined by a licensed commercial real estate appraiser. Such disposal shall be accomplished pursuant to 24 CFR Part 85 and 24 CFR Section 570.489(j), without regard to time frames contained therein. A deed restriction shall be placed on all property purchased or improved with CDBG funds to ensure future compliance with this provision; and (H) The terms of this paragraph shall survive the term of this Agreement. (7) The Recipient shall enter into a Participating Party Agreement (the "Global Participating Party Agreement") with Global in accordance with the terms of this Agreement. Said Global Participating Party Agreement shall provide in part that Global agrees to perform the specific activities described in the Application. Such Global Participating Party Agreement shall include at a minimum the following provisions: (A) That Global shall create and satisfactorily document the creation and/or retention of at least twenty two (22) full-time equivalent permanent net new jobs, of which twelve (12) full-time equivalent permanent net · new jobs are to be made available to members of Iow or moderate income families as specified in the Application. If ? more than twenty two (22) full-time equivalent permanent net new jobs are created and/or retained, fifty-one percent ~. (51%) of those jobs shall be made available to members of Iow and moderate income families. These jobs shall be ~ created and/or retained no later than the termination date of this Agreement, as it may be amended. Documentation T.- shall be the Florida Small Cities CDBG Program Household Income Survey Form or its equivalent for each job created and/or retained. The documentation of the creation and/or retention of these jobs shall be retained for a period of three (3) years following the expiration of this Agreement;, (B) That the failure of Global to create or cause to be created and/or retained or to satisfactorily: document the creation and/or retention of the agreed dpon number of jobs to be made available to members of Iow or; moderate income families, or to expend or satisfactorily document the expenditure of the full amount of leverage dollars agreed upon in the Application, shall be an act of default under the Global Participating Party Agreement. Acts of ~ default shall be defined by the Recipient and by Global; (C) That Global shall provide or cause to be provided such training to members of families of I°W? and moderate income as may be necessary to equip them with the skills required for them to obtain and retain the job~ to be created and/or retained; (D) Global shall be responsible for all maintenance for the Global Facility and shall secure insurance of a type and amount to be negotiated with the Recipient; (E) That, if requested by the Recipient, Global shall provide to the Recipient (ir ~ aJ~t~ID~,~I~M reasonable information concerning the project as the Rec pent may reasonably require as it relate~ spel~fic~lly ~ th% conditions of the grant; - i~/,;~.j ~' JUN 2 2003 28 pg.~.~ (F) That the Global Participating Party Agreement and any amendments thereto, must be approve by the Department as to form and content. The right of approval granted to the Department with respect to changes in the Global Participating Party Agreement between the Recipient and Global shall survive the term of this Agreeme, The Department does not assume any liability or responsibility for the accuracy or enforceability of the Global Participating Party Agreement through the exercise of this right of approval; (G) That any extension of the Award Agreement pursuant to Fla. Admin. Code Rule 9B-43.014 shall act as an extension of the Global Participating Party Agreement. Failure of the Recipient to notify Global of such an extension shall not invalidate this provision; (H) Enter into a lease for the Global Facility at a Fair Market Lease Rate through the Collier County Airport Authority The amount of the lease shall be determined upon completion of the Global Facility based upon final costs; and (I) That Global shall hire at least one WAGES client after the date of the site visit and pdor to the Recipient's submission of the administrative closeout as provided on Form CDBG-E-4(IV)(D). (8) The Recipient shall maintain records of the Recipienrs and the Airport Authority's expenditure of funds that will allow accurate and ready comparison between the expenditures and contracted budget line items by contracted activity as defined on Attachment A and on the Work Plans required in Paragraph 2(A) of this Attachment K. (9) The Recipient shall at a minimum, expend or cause to be expended after the date of the site visit, the amount of leverage, if any, referenced of Form CDBG-E4(I)(B) and on Attachment A to this Agreement. The funds are - to be expended on the activities identified in the application and on Attachment A to this Agreement. (10) If a CDBG funded activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the de'sign, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. (11) The Recipient shall provide periodic updates of HUD Form 2880 as required for compliance with 24 C.F.R. Section 12.32, and shall submit a final HUD Form 2880 with the closeout package that is defined and required in Chapter 9B-43, Florida Administrative Code. (12) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as one activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeouL (13) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; CDBG financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). (14) The Recipient shall at a minimum, expend or cause to be expended after the date of the site visit, the amount of leverage, if any, referenced of Form CDBG-E4(I)(C) and on Attachment A to this Agreement. The funds are to be expended on the activities identified in the application and on Attachment A to this Agreement. (15) The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposer procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient. (16) Except for the CDBG portion of the cost of post-administrative closeout audits, all func leverage shall be expended prior to submission of the administrative closeout. Local private, public, gr 29 other non-CDBG funds shall be expended concurrently and proportionately with the expenditure of CDBG funds for th~ same activity. The expenditure of leverage funds shall be documented as if they were CDBG funds. The documenlation of the expenditures shall be reviewed by the Department prior to the approval of administrative closeo~. (17) The Recipient, by executing this Agreement, does agree that there is expectation of program income being generated as a result of this grant, and does agree that all program income will be transmitted to the Departmenl on a monthly basis. The Recipient agrees to establish a process for collection, deposit, and transmittal of the program income. Should program income not be forthcoming from a Participating Parth/, the process established by the Recipient shall be adequate to recognize this occurrence and to provide a procedure for addressing said non-payment Program income is defined in accordance with 24 C.F.R. Part 570.489(e) without regard to any excluded amount. .3O JUN 2 2003. Collier County ATTACHMENT K FFY 1999 SPECIAL CONDITIONS (1) This Agreement shall be executed by Collier County ("the Recipient"), and returned with those items required in paragraph two (2) below to the Department of Community Affairs ("the Department"), at its offices at 2555 Shumard Oak Boulevard, Tallahassee, Florida, 32399-2100, within sixty (60) days (the "60 day period") after receipt, in accordance with Fla. Admin. Code Rule 9B-43.014(10)(a)(3)(f). All time periods in this Agreement refer to calendar days. After receipt by the Department of the signed Agreement and those submissions required in paragraph two (2) below, the Department will execute this Agreement and return an original to the Recipient. Should the required Agreement and the required documentation not be received within the 60 day period, any funding reservation for the application shall expire. (2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the Department. The Recipient's failure to timely perform shall cause this Agreement to expire: (A) Submit to the Department, detailed Work Plans for each activity to be funded as described in the Application and as defined on Form CDBG-E-3. The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, including but not limited to schematic design, bidding and negotiations, and at least three intermediate dates for completion of portions of the activities (i.e., 33%, 66%, and 100% completion). Funds expended for activities undertaken prior to the effective date of this Agreement are ineligible for reimbursement except for those expenses to comply with the requirements of 24 C.F.R. Part 58, those pre-agreement administrative expenses included in the application, and those additional pre-agreement cost specifically referenced in this agreement. These expenditures must be on specific projected expenditures as reflected in the Application; (B) Submit to the Department the completed Civil Rights Profile Form (attached) to facilitate the Department's civil rights review; (C) Document the creation of a separate non-interest bearing checking account ("the CDBG operating account") for the purpose of this grant. Funds will be dispatched by the Department directly to the CDBG operating account. Two copies, with original signatures, of the Signature Authorization Form included with the letter transmitting this Award Agreement shall be returned to the Department. Each individual who is a signatory on the CDBG operating account must be bonded. This condition is waived if the Recipient elects in writing to conduct its grant on a one hundred percent reimbursement basis and so certifies to the Department; (D) Submit to the Department in acceptable form an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F.R. Part 12; and (E) Submit to the Department in acceptable form the documentation required on Form CDBG-E-11; (F) Submit to the Department any additional documentation referenced in Appendix A to the cover letter that transmitted this Agreement to the Recipient. (3) Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Eight Thousand Dollars ($8,000), but in any case, no later than ninety (90) days from the effective date of this Agreement, the Department shall receive from the Recipient the following, and the ReciPient's failure to timely perform will cause this Agreement to expire: (A) Document compliance with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Pads 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of Department will issue a Notice of Removal of Environmental Conditions; and (8) Those documents required in paragraph 5 below relating to administrative 26 servj~]~'2 ~1 2003 (4) The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding $15,000 and prior to awarding bids or accepting proposals for construction activities, provide to the Department a copy of all engineering specifications, construction plans, and bid documents for all services and/or materials related to those construction activities when the anticipated costs to obtain those services and/or materials are expected to or are budgeted to exceed $25,000. Further, the Recipient will not award any bids for CDBG funded construction activities until the Recipient has received the Department's written comments on said engineering specifications, construction plans, and bid documents. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with CDBG funds under this Agreement, and in no way does it indicate that the Department has reviewed or approved the plans or bids. (5) For each procured and executed professional services contract for which CDBG funding will be requested, or within five (5) days of the execution of any yet ta be procured professional services for which CDBG funding will be requested, submit a copy of the following procurement documents: (A) Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; (B) List of entities to whom a notification of the request for proposals was provided by mail or by faxed; (C) List of firms which submitted a proposal (only if short-listing procedure was used); (D) Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); (E) Completed final evaluation / ranking forms; (F) Portion of commission minutes dealing with contract award; (G) Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); (H) (I) (J) (K) Contract (signed or proposed); Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; If a protest was filed, a copy of the protest and documentation of resolution: A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; (L) If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and (M) If a professional services procurement will not be undertaken, so advise the Department. (6) That the Recipient shall: (A) Construct or cause to be constructed one or more buildings which shall accommodate at a minimum the facility described in the Application (the "Global Facility"). The Global Facility shall remain titled in the name of the Recipient until such time as all requirements in paragraph 7(A) of this Attachment K - S ~ecial Conditions have been satisfied; (B) Lease the Global Facility to Global Manufacturing Technologies, Inc. (h as "Global") at a Fair Market Lease through the Collier County Airport Authority. The terms and con. shall be approved by the Department prior to the execution of the lease by the Recipient or the Colli~ 27 litions of the lease r Authority. The lease shall be executed before the County issues a Certificate of Occupation for the Global Fac it},; (C) Ensure that any lease extension beyond twenty years (20) be at a fair market Pease to be determined at the time of said extension; (D) Ensure that, should Global abandon the Global Facility or fail to exercise any lease renewal option, any subsequent lease shall be for at least the same lease rate unless previously approved by the Department; (E) Remit lease payments to the Department on a monthly basis. Such remittance shall continue for the economic life of the building, or twenty years, which ever comes first. The division of revenues between the Recipient (for the recovery of its expenditures) and the Department (of CDBG program income) shall be determined upon completion of the Global Facility based upon final costs and the level of contribution to the Global Facility of other funding sources; (F) Provide a copy to the Department for its approval of any proposed lease of the Global Facility prior to its execution; (G) Sell the Global Facility only at fair market value as determined by a licensed commercial real estate appraiser. Such disposal shall be accomplished pursuant to 24 CFR Part 85 and 24 CFR Section 570.489(j), without regard to time frames contained therein. A deed restriction shall be placed on all property purchased or improved with CDBG funds to ensure future compliance with this provision; and (H) The terms of this paragraph shall survive the term of this Agreement. (7) The Recipient shall enter into a Participating Party Agreement (the "Global Participating Party Agreement") with Global in accordance with the terms of this Agreement. Said Global Participating Party Agreement shall provide in part that Global agrees to perform the specific activities described in the Application. Such Global Participating Party Agreement shall include at a minimum the following provisions: (A) That Global shall create and satisfactorily document the creation and/or retention of at least twenty two (22) full-time equivalent permanent net new jobs, of which twelve (12) full-time equivalent permanent net new jobs are to be made available to members of Iow or moderate income families as specified in the Application. If more than twenty two (22) full-time equivalent permanent net new jobs are created and/or retained, fifty-one percent (51%) of those jobs shall be made available to members of Iow and moderate income families. These jobs shall be created and/or retained no later than the termination date of this Agreement, as it may be amended. Documentation shall be the Florida Small Cities CDBG Program Household Income Survey Form or its equivalent for each job created and/or retained. The documentation of the creation and/or retention of these jobs shall be retained for a period of three (3) years following the expiration of this Agreement; (B) That the failure of Global to create or cause to be created and/or retained or to satisfactorily document the creation and/or retention of the agreed Upon number of jobs to be made available to members of Iow or moderate income families, or to expend or satisfactorily document the expenditure of the full amount of leverage dollars agreed upon in the Application, shall be an act of default under the Global Participating Party Agreement. Acts of default shall be defined by the Recipient and by Global; (C) That Global-shall provide or cause to be provided such training to members of families of Iow and moderate income as may be necessary to equip them with the skills required for them to obtain and retain the jobs to be created and/or retained; (D) Global shall be responsible for all maintenance for the Global Facility and shall secure insurance of a type and amount to be negotiated with the Recipient; (E) That, if requested by the Recipient, Global shall provide to the Recipien reasonable information concerning the project as the Recipient may reasonably require as it rel~ conditions of the grant; 2g :es sl~c~e JUN 2 2003 (F) That the Global Participating Party Agreement and any amendments thereto, must be approvec by the Department as to form and content. The right of approval granted to the Department with respect to changes in the Global Participating Party Agreement between the Recipient and Global shall survive the term of this Agreement. The Department does not assume any liability or responsibility for the accuracy or enforceability of the Global Participating Party Agreement through the exercise of this right of approval; -. (G) That any extension of the Award Agreement pursuant to Fla. Admin. Code Rule 9B-43.014 shall act as an extension of the Global Participating Party Agreement. Failure of the Recipient to notify Global of such an extension shall not invalidate this provision; (H) Enter into a lease for the Global Facility at a Fair Market Lease Rate through the Collier County Airport Authority. The amount of the lease shall be determined upon completion of the Global Facility based upon final costs; and (I) That Glob_a_l shall hire at least one WAGES client after the date of the site visit and prior to the Recipient's submission of the administrative closeout as provided on Form CDBG-E--4(IV)(D). (8) The Recipient shall maintain records of the Recipient's and the Airport Authority's expenditure of funds that will allow accurate and ready comparison between the expenditures and contracted budget line items by contracted activity as defined on Attachment A and on the Work Plans required in Paragraph 2(A) of this Attachment K. (9) The Recipient shall at a minimum, expend or cause to be expended after the date of the site visit, the amount of leverage, if any, referenced of Form CDBG-E4(I)(B) and on Attachment A to this Agreement. The funds are - to be expended on the activities identified in the application and on Attachment A to this Agreement. (10) If a CDBG funded activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications Of the d~sign, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. (11) The Recipient shall provide periodic updates of HUD Form 2880 as required for compliance with 24 C.F.R. Section 12.32, and shall submit a final HUD Form 2880 with the closeout package that is defined and required in Chapter 9B--43, Florida Administrative Code. (12) The Recipient shall annuallY undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as one activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. (13) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; CDBG financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). (i 4) The Recipient shall at a minimum, expend or cause to be expended after the date of the site visit, the amount of leverage, if any, referenced of Form CDBG-E4(I)(C) and on Attachment A to this Agreement. The funds are to be expende, d on the activities identified in the application and on Attachment A to this Agreement. (15) The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposer procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Del Recipient. (16) Except for the CDBG portion of the cost of post-administrative closeout audits, leverage shall be expended prior to submission of the administrative ctoseout. Local private, pL 29 arl;ment by the funds claimed for ~lic, ~t21~la¢00'~ other nonoCDBG funds shall be expended concurrently and proportionately with the expenditure of CDBG funds for same activity. The expenditure of leverage funds shall be documented as if they were CDBG funds. The documentation of the expenditures shall be reviewed by the Department prior to the approval of administrative (17) The Recipient, by executing this Agreement, does agree that there is expectation of program income being generated as a result of this grant, and does agree that all program income will be transmitted to the Departmenl on a monthly basis. The Recipient agrees to establish a process for collection, deposit, and transmittal of the program income. Should program income not be forthcoming from a Participating Party, the process established by the Recipient shall be adequate to recognize this occurrence and to provide a procedure for addressing said non-payment Program income is defined in accordance with 24 C.F.R. Part 570.489(e) without regard to any excluded amount. 30 JUN 2 2003 EXECUTIVE SUMMARY Approval of Release of Lien for nuisance abatement recorded as Resolution No.'s: 90- 550; 90-101; 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. OBJECTIVE: To approve and authorize the Relase of Lien for Resolution No.'s: 90-550; 90- 101; 91406; 94-252; and 94-198 styled Board of County Commissioners vs. Elizabeth Chambers. CONSIDERATION: 1. This request was before the Board of County Commissioners on April 22, 2003 which resulted in a vote to approve and accept, as payment in full, the principal portion of the aforementioned Resolutions and waiving the interest portion, whereby requiring the release of liens of record. 2. Resolution No. 90-550; On or about November 20, 1990 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 85-33 of the Collier County Land Development Code. Resolution No. 1990-550 was recorded in the Official Records Book 1580 pages 1716, et. seq. recorded in the name of Elizabeth Chambers. Two Hundred Sixty Five Dollars ($265.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 2. Resolution No. 90-101; On or about February 20, 1990 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 76-70 of the Collier County Land Development Code. Resolution No. 1990-101 was recorded in the Official Records Book 1514 pages 0861, et. seq. in the name of Elizabeth Chambers. Four Thousand Four Hundred and Twenty Five Dollars ($4,425.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 3. Resolution No. 91406; On or about May 28, 1991 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 85-33 of the Collier County Land Development Code. Resolution No. 1991406 was recorded in the Official Records Book 1628 pages 0701, et. seq. in the name of Elizabeth Chambers. Two Hundred Forty Five Dollars ($245.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 4. Resolution No. 94-252; On or about April 12, 1994 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 9147 of the Collier County Land Development Code. Resolution No. 1994-252 was recorded in the Official Records Book 1946 pages 1339, et. seq. in the name of Elizabeth Chambers. Two Hundred Forty Five Dollars ($245.00) and has been paid by the prospective buyer as a good faith gesture sh~ ~vin*, their willingness to maintain the subject property in a manner consistent with County Code. l - JUN 2 q 2003. Page 1 of 2 Elizabeth Chambers Executive Summary 5. Resolution No. 94-198; On or about April 5, 1994 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 91-47 of the Collier County Land Development Code. Resolution No. 1994-198 was recorded in the Official Records Book 1943 pages 2216, et. seq. in the name of Elizabeth Chambers. Two Hundred Forty Five Dollars ($245.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. FISCAL IMPACT: The fiscal impact related to recording in the amount of Thirty Five Dollars ($35.00) (5 Release of Liens x $7.00). This cost will be paid by Code Enforcement 111-138911- 649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Release of Liens in the above referenced causes and authorize their execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ ~'~'" Date: Shanelle Hilton REVIEWED BY: Lf~°'~'--'--~ l 'Z~-~'''''-''~' Date: Jane/~ Powers, Operations Manager APPROVED BY: Michelle Arnold, Code,Enforcement Director /'~~ Date: F,,;. A/d.d~ J~kph K. Schrriitt, Administrator Page 2 of 2 Elizabeth Chambers Executive Summary JUN 2 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE OF LIEN This is to certify that the claim of lien in the sum of Two Hundred and Sixty Five Dollars ($265.00), arising out of the Board of County Commissioners Resolution No. 1990-550 dated November 20, 1990, recorded in O.R. Book 1580, Pages 1716, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District. Lot 6 of Block 1 of the MAIN LINE SUBDIVSION of the South West Quarter of the South West Quai'ter of the Section 3, Township 47 South, Range 29 East, Collier County, Town of Immokalee, Florida recorded in Plat Book 1, Page 98, Collier County Records. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District, and consents to this lien being released. Dated this day of ,2003. ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl J.IER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning Ch~rman Approved as to form And legal sufficiency: Thor~as C. P~lmer Assistant County Attorney JUN 2 4 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE OF LIEN This is to certify that the claim of lien in the sum of Four Thousand Four Hundred and Twenty Five Dollars ($4,425.00), arising out of the Board of County Commissioners Resolution No. 1990-101 dated February 20, 1990, recorded in O.R. Book 1514, Pages 0861, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District. Lot 6 of Block 1 of the MAIN LINE SUBDIVSION of the South West Quarter of the South West Quarter of the Section 3, Township 47 South, Range 29 East, Collier County, Town of Immokalee, Florida recorded in Plat Book 1, Page 98, Collier County Records. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District, and consents to this lien being released. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl.! ]F~R COUNTY, FLORIDA By: , Deputy Clerk Tom Henn±ncj Chairman Approved as to form And legal sufficiency: Thoma-s C. Pal[ner Assistant County Attorney JUN 2 q 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2~40 RELEASE OF LIEN This is to certify that the claim of lien in the sum of Two Hundred and Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 1991406 dated May 28, 1991, recorded in O.R. Book 1628, Pages 0701, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District. Lot 6 of Block 1 of the MAIN LINE SUBDIVSION of the South West Quarter of the South West Quarter of the Section 3, Township 47 South, Range 29 East, Collier County, Town of Immokalee, Florida recorded in Plat Book 1, Page 98, Collier County Records. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District, and consents to this lien being released. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMIvIISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning Chairm~n Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney JUN 2 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE OF LIEN This is to certify that the claim of lien in the sum of Two Hundred and Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 1994-252 dated April 12, 1994, recorded in O.R. Book 1946, Pages 1339, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District. Lot 6 of Block 1 of the MAIN IJNE SUBDIVSION of the South West Quarter of the South West Quarter of the Section 3, Township 47 South, Range 29 East, Collier County, Town of Immokalee, Florida recorded in Plat Book 1, Page 98, Collier County Records. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District, and consents to this lien being released. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COIJJER COUNTY, FLORIDA By: , Depu~ Clerk Tom Henning Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney JUN 2 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 RELEASE OF LIEN This is to certify that the claim of lien in the sum of Two Hundred and Forty Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 1994-198 dated April 5, 1994, recorded in O.R. Book 1943, Pages 2216, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which was owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District. Lot 6 of Block 1 of the MAIN LINE SUBDIVSION of the South West Quarter of the South West Quarter of the Section 3, Township 47 South, Range 29 East, Collier County, Town of Immokalee, Florida recorded in Plat Book 1, Page 98, Collier County Records. The undersigned is authorized to and does hereby release this lien as t6 the whole of the above-described real property, and all other real and personal property owned by Elizabeth Chambers but is now owned by Immokalee Water and Sewer District, and consents to this lien being released. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl JIF, R COUNTY, FLORIDA By: , Deputy Clerk Tom Henning Chairman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney JUN 2 2003 EXECUTIVE SUMMARY APPROVAL OF THE SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO.'S: 2003-004; 2001-018; 2002-009 AND 2000-022 OBJECTIVE: To approve the Satisfaction of Lien in Code Enforcement Board in the following cases listed below: 1. 2003-004 styled Boar~ of County Commissioners vs. Walter M. Crawford, IV. Violation found by the Code Enforcement Board on November January 23, 2003, was failure to obtain required building permits before erecting an accessory structure on property. 2. 2001-018 styled Board of County Commissioners vs. Philip A. Marrone and Anna Maria Marrone. Violation found by the Code Enforcement Board on March 19, 2001, was failure to maintain PUD required landscaping. 3. 2002-009 styled Board of County Commissioners vs. Shad Davis Inc. Violation found by the Code Enforcement Board on May 23, 2002, was failure to maintain miniumum housing requirements of property. This was a repeat violation, previous CEB Case No. 2000-022. 4. 2000-022 styled Board of County Commissioners vs. Shad Davis, Inc. Violation found by the Code Enforcement Board on July 27, 2000, was failure to maintain miniumum housing requirements of property. CONSIDERATION: All requirements have been met in the below styled cases and Satisfaction of Liens are in order for the following: 1. 2003-004; On January 23, 2003 a public hearing was heard before the Code Enforcement Board regarding violation of Collier County Ordinance No. 98-76, Collier County Building Construction Administrative Code, Section 104.1.5.1, as amended by Collier. County Ordinance No. 202-01, an Ordinance Adopting the Florida Building Code and Amending Chapter One, Section 104.1.3.5. An Order Imposing Fine/Lien in the amount of One Thousand Seven Hundred and Fifty Four Dollars and Ten Cents ($1,754.10) for the operational costs and fines incurred in this action was approved by the Code Enforcement Board on April 21, 2003. Said lien was recorded in Official Record Book 3280, Page 1811 through 1813 of the public records of Collier County, Florida. On May 22, 2003 an Order on Respondents' Request for Reduction of Fines/Liens in the amount of Eight Hundred Seventy Seven Dollars and Five Cents ($877.05) for the operational costs and fines incurred in this case, as recorded in O.R. Book 3306, Page 2992 through 2994 of the public records of Collier County Florida. The Code Enforcement Board reduced by one-half the combined total of $1,304.10 operational costs and $450.00 fines for a total amount of One Thousand Seven Hundred Fifty Four Dollars and Ten Cents ($1,754.10). An Affidavit of Compliance has been filed beating the date of April 29, 2003 indicating compliance with the Order of the Code Enforcement Board. On May 22, 2003 the lien amount was paid in full. 2. 2001-018; On March 19, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Sections 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of Five Hundred and Sixty Seven Dollars and Fifty Two Cents ($567.52).for the operational costs incurred in this case was approved by the Code Enforcement Board on July 23, 2001. The violation had been abated before fines began to accrue. Said Lien was recorded in Official Record Book 2867 Page 0140 through 0145 and re-recorded in Official Record Book 28 0424 through 0429 in the Public Records of Collier County Florida. An Affidavit of Con pllanc, e has been filed bearing the date of July 6, 2001 indicating compliance with the Order of te Enforcement Board. On May 20, 2003 the lien amount was paid in full. 3. 2002-009; On May 23, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 5, paragraphs 1, 2, 5, 7, 12©, 12(i), 12(1), 12(o), 12(p), 12(q), 16(a) and 16(b) of Ordinance No. 89-06, the Collier County Miniumum Housing Code, as amended, and Sections 2.7.6, paragraphs 1 and 5; 1.5.6, 2.1.11, 2.1.15 paragraph 1 and 3.3.11 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. An Order Imposing Fines/Costs in the amount of One Thousand Four Hundred and Forty One Dollars and Seventy Five Cents ($1,441.75) for the repeat violation fine and the operational costs incurred in the prosecution of this case was approved by the Code Enforcement Board on October 2, 2002. Said Lien was recorded in Official Record Book 3125 Page 2360 through 2365 and re-recorded in Official Record Book 3125 Page 2454 through Page 2459 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of May 17, 2002 indicating compliance with the Order of the Code Enforcement Board. On May 30, 2003 the lien amount was paid in full. 4. 2000-022; On July 27, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 5 of Ordinance No. 89-06, the Collier County Miniumum Housing Code. An Order Imposing Fines/Costs in the amount of Twenty Thousand Four Hundred and Eight One Dollars and One Cents ($24,408.015) for fines and the operational costs incurred in the prosecution of this case was approved by the Code Enforcement Board on October 6, 2000. Said Lien was recorded in Official Record Book 2740 Page 0515 through 0520 in the Public Records of Collier County Florida. On November 30, 2002, an Order on Respondent's Request for Reduction of Fine/Lien in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750.00) for fines plus the operational costs of Six Hundred Fifty Eight Dollars and One Cent ($658.01). Said lien was recorded in the Official Record Book 2757 Page 0705 through 0713. The Board had reduced the fines previously imposed of Nineteen Thousand Seven Hundred Fifty Dollars ($19,750.00) by Eight Thousand Dollars ($8,000.00) to Eleven Thousand Seven Hundred and Fifty Dollars ($11,750.00). An Affidavit of Compliance has been filed bearing the date of September 6, 2000 indicating compliance with the .Order of the Code Enforcement Board. On May 30, 2003 the lien amount was paid in full. FISCAL IMPACT: The fiscal impact related to recording in the amount of Twenty-Eight Dollars ($28.00) ($7.00 x 4 Satisfaction of Liens). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Liens in the above referenced causes and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ Shanelle Hilton REVIEWED BY: t'..~,-,-~,-.~ /'~,~~ Jai'~et Powers, Operations Manager APPROVED BY: Date: /_.- / q / 0 3 Date: ~" ~/'. ~ ement Director Ceph s~hn~tt, Administrator Date: ~'/~/a.~ K. JUN 2 2003. This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eight Hundred Seventy Seven Dollars and Five Cents ($877.05), arising out of the Code Enforcement Board Order on Respondents' Request for Reduction of Fines/Lien dated May 28, 2003, wherein the Code Enforcement Board reduced the fine amount of One Thousand Seven Hundred Fifty Dollars and Ten Cents ($1,754.10) by one-half as recorded in O.R. Book 3306, Page 2992 through 2994, of the Public Records of Collier County, Florida, and the Order Imposing Fine/Lien dated April 28, 2003 recorded in O.R. Book 3280, Page 1811 through 1813, in the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Walter M. Crawford, IV, has been satisfied in full. Lot 2, Block B, Boca Palms of Naples, according to the plat thereof as recorded in Plat Book 16, Page 67 and 68, of the Public Records of Collier County, Florida Folio No. 24345005704 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Walter M. Crawford, IV, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COIJJER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning, Chairman j~~.~ved as to form gal sufficiency: Ellen T. Chadwell Assistant County Attorney 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Five Hundred and Sixty Seven Dollars and Fifty Two Cents ($567.52), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated July 23, 2001 recorded in O.R. Book 2867 Page 0140 through 0145, and re-recorded in O.R. Book 2867, Pages 0424 through 0429, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Philip A. Marrone and Anna Maria Marrone has been satisfied in full. Lots 41, 42, 43, 44 and 45, COL-I~EE-CO TERRACE, according to the plat thereof in Plat Book 1, Page 32, of the Public Records of Collier County, Florida Folio No. 26880560003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Philip A. Marrone and Anna Maria Marrone and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COIJJER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to form ~__,~legal sufficiency: Ellen T. Chadwell Assistant County Attorney JUN 2 q This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Four Hundred and Forty One Dollars and Seventy-Five Cents ($1,441.75), arising out of the Code Enforcement Board Order Imposing Fines/Lien dated October 2, 2002, recorded in O.R. Book 3125, Page 2360 through 2365 and re-recorded at O.R. Book 3125, Page 2454 through 2459 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Shad Davis Inc has been satisfied in full. Lots 6, 7, 8, 9, 10, I1, 12, 13, 14, 37, 38, 39, 40, 41, 42, 43, 44 and 45 ROCK CREEK PINES, NO. 2, according to the plat thereof as recorded in Plat Book 2, Page 86, of the Public Records of Collier County, Florida Folio No's: 70820080007 and 70820520004 The undersigned is authorized to and does hereby release this lien as to ihe whole of the above-described real property, and all other real and personal property owned by Shad Davis Inc and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLAR COUNTY, FLORIDA , Deputy Clerk By: Tom Henning, Chairman Approved as to form .~legal sufficien.~y! -/l~llen T. Chadwell Assistant County Attorney 2003 This instxument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Twelve Thousand Four Hundred and Eight Dollars and One Cent ($12,408.01) ($11,750.00 fines and $658.01 operational costs), arising out of the Code Enforcement Board Order on Respondent's Request for Reduction of Fine/Lien dated December 6, 2000, as recorded in O.R. Book 2757, Page 0705 through 0713, of the Public Records of Collier County, Florida, and the Order Imposing Fine/Lien dated October 6, 2000 recorded in O.R. Book 2740, Page 0515 through 0520, in the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Shad Davis, Inc, has been satisfied in full. Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 37, 38, 39, 40, 41, 42, 43, 44 and 45 ROCK CREEK PINES, NO. 2, according to the plat thereof as recorded in Plat Book 2, Page 86, of the Public Records of Collier County, Florida Folio No's: 70820080007 and 70820520004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Shad Davis, Inc, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COIJJER COUNTY, FLORIDA By: · Deputy Clerk Approved as to form ~EA~le n~T~.egal ~ciency: Chadw~ Assistant County Attorney Tom Henning, Chairman JUN 2 2003 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CHARLEE ESTATES", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Charlee Estates", a subdivision of lands located in Section 12 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Charlee Estates" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This project is a 90 lot subdivision being developed by Habitat for Humanity of Collier County, Inc. Engineering Review Section recommends that the final plat of "Charlee Estates" be approved for recording. FISCAL IMPACT: The project cost is $802,978.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $277,550.00 - $525,428.75 The Security amount, equal to 110% of the project cost, is $883,276.63 JUN 2 20113 Executive Summary Charlee Estates Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $14,191.32 Fees are based on a construction est!.mate of $802,978.75 and were paid in October, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 601.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1387.75 Drainage, Paving, Grading (.42% const, est.)- $1995.07 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4163.25 Drainage, - ~5985.22 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical There are no outstanding environmental or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County CommissiOners approve the Final Plat of "Charlee Estates" for recording with the following stipulations: Approve the amount of $883,276.63 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JUN 2 ~ 2003 Executive Summary Charlee Estates Page 3 o Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: -~hn R. Hou[~s~rth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: ~o°~em~' t ~ SD~vhem} opt~e~ntdmi&niE Sn~v 'ri ~to°nment a 1 Services Da%e ' JUN 2 ~1 21303 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "QUAIL WEST PHASE IIi, UNIT SIX", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Quail West Phase III, Unit Six", a subdivision of lands located in Section 8 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Quail West Phase III, Unit Six". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any, remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Quail West Phase III, Unit Six" be approved for recording. FISCAL IMPACT: The project cost is $831,048.86 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $311,656.00 - $519,392.86 The Security amount, equal to 110% of the project cost, is $914,153.75 JUN 2 2003 Executive Summary Q~ail West Phase III, Unit Six Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $15,836.69 Fees are based on a construction estimate of $831,048.86 and were paid in December, 2002. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)- $ 670.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MA/~AG~NT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1558.28 Drainage, Paving, Grading (.42% const, est.)- $2181.45 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4674.84 Drainage, - $6752.12 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HiSTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Quail West Phase III, Unit Six" for recording with the following stipulations: Approve the amount of $914,153.75 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JUN 2 4 2083 Executive Summary ,Quai~ West Phase III, Unit Six Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~h~ R: ~uidsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Jo~unity Deve~ph K' S~milot~enAt i&niEnSvt[~ot~ental Services D~t~ JUN 2 4 2003 EXECUTIVE SUNNARY FINAL ACCEPTANCE OF W~TER UTILITY FACILITIES FOR BOLERO @ TIBURON, PELICAN MARSH OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Bolero @ Tiburon, Pelican Marsh, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on December 22, 1999, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the One (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of Cash Bond, in the amount of $11,818.40, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated June 4, 2003. FISCAL 11~PACT: cost to the Collier County Water-Sewer District. operating and maintaining the water facilities will be monthly user revenues. The water facilities were constructed without The cost of Daid by Io JUN 2 Executive Summary Bolero @ Tiburon, Pelican Marsh Page Two GROWTH MABIAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Bolero @ Tiburon, Pelican Marsh, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry ~at ' Engineering Technician Engineering Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director/County Engineer 06/04/03 Date 06/04/03 Date APPROVED BY: eph K.' S~h~itt, ~dministrator yn ePu-~ity Development And Environment 1 a attachments Services lD~{te JUN 2 ~,., JUN 2 Official Receipt- Collier County Board of County Commissioners CDPRt 103 - Official Receipt ITrans Number 170636 Date 12/15/1999 3:04:38 PM IPost Date 12/15/1999 IPayment Slip Nbr MS 63771 WCI COMMUNITIES BOLERO @ TIBURON Payor' NATIONS BANK (CASHIER'S CK) Fee Information 1Fee CoOe I Description / GL Account 12BOND DEPOSlTS-COMM DEV (CASH BOND] 67000000022011300000 Total Amount I Waived $~1818.4oI $11818.4oI IPayment Code CHECK Payments IAccount/Check Number 0512932 Amount I $11818.4Ol Memo: Total Cash $0.00 ] Total Non-Cash ~118~J Total Paid [ $4 ~8~8.401 Cashier/location: TERILLA_J I 1 User:. NIX_S Collier County Board of County Commissioners -. , . : ': -: · Pdnted:l; EXECUTIVE SUMMARY AUTHORIZE ENVIRONMENTAL SERVICES STAFF TO SUBMIT A GRANT PROPOSAL TO THE U.S. FISH AND WILDLIFE SERVICE (USFWS) FOR $6,845 (OF WHICH $3,200 WILL BE REIMBURSIBLE) TO FUND WETLAND PLANTINGS AND EDUCATIONAL SIGN IN LAKE AVALON OB~IECTIVE_: To have to the Board of County Commissioners authorize the Environmental Services Department to submit a proposal to receive grant funding from the South Florida Coastal Ecosystem Program administered by the USFWS to provide for the planting of wetland plants and the installation of an educational sign in Lake Avalon. CONSIDERATION.: The USFWS administers grant funding to local governments, through the South Florida Ecosystem Program, to increase public awareness of issues that affect South Florida's coastal ecosystem. The loss of coastal wetlands is one such issue. This project will demonstrate to park visitors how stormwater ponds can be enhanced to attract more wildlife and buffer excess nutrients from surrounding urban areas. This project will also enhance Lake Avalon wetland plantings planned by the Parks and Recreation Department. Funds received will be used for the purchase and installation of wetland plants and for the purchase of an educational sign in June 2004. Staff anticipates that a formal agreement between the BCC and The USFWS will be needed before the project can proceed. Once an agreement is finalized, staff will return to the BC'C for formal acceptance of the grant award. FISCAL IMPACT: The total cost of the project is $6,845. Collier County is requesting $3,200 in reimbursable USFWS program funds for wetland plants and an educational sign. The County will provide $3,645 match. County in-kind services will provide $1,145 in staff time, and County cash match will provide $2,500 to purchase wetland plants. The $2,500 County cash match has been incorporated into the FY04 Current Services budget request. The Environmental Services Department has spent between $5,000 and $7,500 in recent years to conduct similar projects ~vithout grant funding. GROWTH MANAGEMENT IMPACT: This proposal supports Objective 6.2 of the Conservation and Coastal Management Element of the County Growth Management Plan, which requires the County to protect and conserve wetlands and the natural functions of wetlands. RECOMMENDATION: Recommend that the Board of County Commissioners authorize the Environmental Services staff to submit the attached grant proposal for funding activities to plant wetland plants and install,an, ,e_ducatio°nal sign i._n Lake Aval°n' p REPARE D B Y:/~~_~-~(r"iS~,~~S eCialisDtate:-~'~- Meliss~ Hennig, ~=nvironr¢~ p W2,~i~m D. Lorenz, Jr~?P.E./D~rector, Environmental Servtces uepartmem Jg'sq/ph K. Schmi[t, Division Acfministrator C~/~munity Development & Environmental Services No._ JUN 2 2003 SOUTH FLORIDA COASTAL ECOSYSTEM PROGRAM PROJECT PROPOSAL U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 PROJECT TITLE: LAKE AVALON NATIVE WETLAND PROJECT CONTACT INFORMATION: Melissa Hennig/Collier County Environmental Services Department 2800 North Horseshoe Drive phone: (239) 732-2505 fax: (239) 213-2960 e-mail: melissahenni~(dcollier~ov.nct PROJECT LOCATION: Lake Avalon is located in western Collier County in Section 13, Township 50 South, Range 25 East. The position ofthe lake in decimal degrees is 26.11 N, 81.76 E (See Map !). PROJECT DESCRIPTION: This project will involve the designing and planting ora one acre native wetland plant shelf and the creation and installation of an educational sign on the shoreline of Lake Avalon. WHAT- The development rate within Collier County, Florida is one of the highest in the country. Between 1990 and 2000, Collier County's permanent population is estimated to have increased by 65 percent. As development increases, valuable wetlands and habitat decrease. Many freshwater wetlands within urban areas are replaced with stormwater ponds. Most of these stormwater ponds drain into canals, which in turn drain into coastal estuaries, it is the goal of the Environmental Services Department to encourage homeowners, golf course communities, and businesses to create wildlife wetland habitat within the urban boundary. The Lake Avalon Native Wetland Project will be a model storrnwater improvement project within Collier County. This project will demonstrate how stormwater ponds can be enhanced to attract more wildlife and buffer excess nutrients from surrounding urban areas. By encouraging the creation of native wetland areas within stormwater ponds throughout Collier County, the Environmental Services Department hopes to restore at least some of the wetland function and habitat lost to development in recent years. USFWS South Florida Coastal Ecosystem Program Lake Avalon Native Wetland Project Page I JUN 2 tt 2 113 , WHERE- Lake Avalon, a 52.55 acre lake, is located within Sugden Regional Park, a 121 acre Collier County Parks and Recreation Regional Park. Sugden Regional Park plays host to a wide variety of outdoor activities, and is open to the public. Lake Avalon was excavated in an area with historically hydric - to - mesic pine flatwoods. As mitigation for the surrounding 126 acre planned unit development, a I acre planting restoration/preserve area and an adjacent 10 acre passive recreation preserve area have been completed. The Lake Avalon Native Wetland Project would serve to further enhance the wetland function and habitat value of ihese restored areas. Please see Map 2 for the location of the project. In addition to the direct benefits of habitat creation and nutrient uptake, the project will indirectly benefit the entire community. The project will aid in the education of groups interested in future wetland creation/restoration projects, by creating a learning classroom for schools, master naturalist programs, families, and visitors. WHO- · Collier County Environmental Services Department · Collier County Parks and Recreation Department · Rookery Bay National Estuarine Research Reserve (RBNERR) · The Conservancy of Southwest Florida · University of Florida Extension Service Master Naturalist Program HOW- The Collier County Environmental Services Department has identified a shallow I acre area of the Lake Avalon shoreline for the native wetland project. The department will ifistall and monitor a staff gauge in the lake to determine seasonal water level fluctuations. The department will also perform a bathymetric survey of the area to determine the current shelf elevations. Shelf elevations and water level data will be used to determine a planting scheme. Plant material selection will be based on occurrence within a wetland system. All plants will be native and will have tolerance to flooding and fluctuating water levels (Table 1). The Environmental Services Department will contract a qualified company to provide and install the wetland plants. Once the wetland plant shelf is established, a sign describing the project and the benefits of wetland plants will be purchased and installed. In addition, the Lake Avalon Native Wetland Project will be a field trip and study destination for Rookery Bay NERR and The Conservancy of Southwest Florida Master Naturalist Program Freshwater Wetlands Modules. USFWS South Florida Coa.~tal Ecosystem Program Lake Avalon Native Wetlan.J prOject Page 2 of ¥ JUN 2 4 2003 WHEN - J J A S O N D J F M A M J J A S O N D J F M A M J u u u e c o e a e a p a u u u e c o e a e a p a u n I g p t v c n b r r y n I g p t v c n b r r y n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 Install Staff Gause X Monitor Staff Gause X X X X X X X X X X X X X X X X X X X X X X X X X Bathymetric survey X *Prepare planting scheme X X Design sign X Solicit bids from sign contractors X X Solicit bids from plant , I contractors X X *Install wetland plants X Install si~n X Monitor percent survivorship X X X X Take photo point photos X X X X X X X X X *Master Naturalist Program field trips begin X Submit Monitoring Report X X X X *ActMties that are milestones in the project USFWS South Florida Coastal Ecosystem Program Lake Avalon Nati~ e Wetland Pro.leer Page 3 JUN 2 2003 pl. TOTAL PROJECT COST: The total project cost is estimated to be S6,845. The South Florida Coastal Ecosystem Program will be requested to contribute a total of $3,200 toward the purchase and installation of native wetland plants and the purchase of an educational sign. Collier CounW Environmental Services Staff Time Staff Gauge installation and monitoring: Bathymetric survey and mapping: Planting scheme preparation and field marking: Sign design and installation: 20 hours 16 hours 16 hours 16 hours 68 hours X $16.85/hour= Subtotal $1,145 Planting material and installation* Collier County Environmental Services: South Florida Coastal Ecosystem Program: $2,500 $2,500 18" X 24" Educational Sign** South Florida Coastal Ecosystem Program: $700 Total $6,845 *Planting material and installation cost estimated for the installation of I acre of herbaceous wetland plants on 3-foot centers. ** Sign cost estimated for si~ (impervious to vandalism), pedestal mount and shipping. CONTRIBUTING PARTNERS: The Collier Count).' Environmental Services Department will supervise, coordinate and monitor the wetland plantings and design and install the educational sign. The Collier County Parks and Recreation Department will provide the site at Lake Avalon. Rookery Bay NERR and The Conservancy of Southwest Florida will incorporate the Lake Avalon Wetland Project into their Florida Master Naturalist programs. The University of Florida Extension Service developed The Florida Master Naturalist Program. The program's mission is to increase awareness, understanding, and respect of Florida's natural world among Florida's citizens and visitors. USFWS South Florida Coastal Ecosystem Program Lake Avalon Native Wetland Project Page 4 of.~' JUN 2 q 2003 ( OBJECTIVES AND STATEMENT OF PRODUCTS: Objectives I. To create a demonstration/example pond for education of groups interested in future wetland creation or restoration projects. 2. To create a learning classroom for master naturalist program, families, and visitors. 3. To restore historic wetland function - water quality enhancement and wildlife habitat - to Sugden Park. Products 1. An educational area for park visitors will be created. The shelf will be located near the front of the park adjacent to a walking trail and picnic tables. This is an ideal location for an example wetland area. Visitors will have the opportunity to see first hand how native wetland plants can improve their own ponds. 2. An educational sign will be designed, created and installed. The sign will include information about the importance of wetlands - flood and erosion control, nutrient uptake and habitat. 3. A minimum of two Master Naturalist Field trips will occur each year to Lake Avalon. The participants in the program will be educated about the function and importance o~' stormwater ponds, how they can be improved to act as nutrient buffers from surrounding surface waters that carry excess nutrients, what plants are appropriate in a retention pond, at what water levels these plants should be planted and how they should be maintained. 4. A functioning native wetland shelf will be maintained. The success of the shelf will be measured by survivorship of plants and monitored through photo point photos and staff surveys. Plant species such as T. vpha .¥p. and Panicltm repens shall be removed if they become invasive. Trash and debris shall be removed from the shelf as it occurs. PROJECT TIME FRAME: Upon notification of grant acceptance by Spring or Summer 2003, the project will begin in June 2003. In order for the wetland planting to coincide with the dry season, planting will not occur until the following June 2004. The plantings will be monitored for one year. The project will end in June 2005. ACTIONS TO DATE: The Collier County Environmental Services Department has been involved with the successful creation and monitoring of the Santa Barbara Boulevard stormwater pond planted littoral shelf. Through the Santa Barbara pond project, the department has gained valuable knowledge about the ability of different wetland plants to survive extreme water level fluctu knowledge will aid in designing the Lake Avalon Native Wetland. USFWS South Florida Coastal Ecosystem Program Lake Avalon Native Wetland Project Page 5 orb' :ions Thi~ JUN 2 4 Map 1 Lake Avalon Location Map created by Collier County Environmental Services Miles 0 5 10 20 USF NS South Florida Coastal Ecosystem Progr;m Lake Avalon Native Wetland prOJect JUN 2 q 2083, Map 2 Lake Avalon Project Location Map created by Collier County Environmental Services 2002 Aerials provided by Collier County Property Appraiser Feet o 250 50O 1,000 Mitigation Restoration Area USFWS South Florida Coastal Ecosystem Program Lake Avalon Native Wetland Project /- Proposed Lake Avalon Native Wetland Project JUN 2 ~t. 2083 Table i. Approximate Hydroperiod Tolerance Ranges for Typical Native Wetland Species Scientific Name Common Maximum Water Flooding Duration Name Depth (Feet) (Percent) S?artina s?p. Cord~ass <0.2-0.8 20-70 Sabal almetto Cabbage Palm <0.2-0.3 <I 0-50 Acer spp. Maples <0.2-0.5 0-70 Ilex spp. Hollys <0.2-0.3 10-30 Sagittaria spp. Arrowheads 0.7- ! .7 50-100 Iris virginica Blue Flag 0.2-0.8 Canna s??. Canna Lilies 0.2-0.8 C/adiumjamaicense Sawgrass 0.3-0.8 Eleocharis spp. Spikerushes <0.2-1.7 50-100 Scir[~us spp. Giant Bullrush 0.3-5.0 75-100 Panicum hemitomon Maidencane 0.3- l.O 50-100 Juncus .~'~p. Rushes <0.2-0.8 50-100 Thalia geniculata Alligator Flag 0.3-2.5 70-100 Pontederia s??. Pickerelweeds 0.3-0.8 70- ! 00 Sparganium americamtm Bur reeds 0.3- 1.7 70-100 Taxodium s/vto. Cypresses <0.2-3.3 30-100 Nuphar xpp. Spatterdocks 1.7-3.3 90-100 Nym?haea ,s'p?. Water Lilies !.7-3.3 90-100 Braxenia xchreheri Water Shield 0.8-6.6 I~0-100 Kadlec, Robert H. and Robert L. Knight. Treatment Wetlands. Boca Raton: CRC Lewis Publishers, 1996 (p. 143). USFWS South Florida Coastal Ecosystem Program Lake Avalon Nati,.e Wetland Project JUN 2 q 2'003." EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE TERMINATING THE COLLIER COUNTY TOURISM AGREEMENT WITH VISIT NAPLES, INC. AND CANCEL THE EXISTING PURCHASE ORDER. OBJECTIVE: To terminate the Economic Disaster Recovery Program agreement between Collier County and Visit Naples, Inc. CONSIDERATIONS: An agreement for Economic Disaster Recovery Program was made and entered on July 29th, 1997 between Visit Naples, Inc. and Collier County. The agreement with Visit Naples, Inc. stated that the agreement would remain in effect for 10 years. Since Visit Naples, Inc. no longer exists, this agreement should be terminated. Certified letters were sent to the last known address, notifying them of Collier County's intent to terminate the agreement; the letters were returned "Addressee unknown". A - tourism agreement with Kelley Swafford & Roy, Inc. (KSR) covers these services. FISCAL IMPACT: $610,700 will be released to Fund (193) and $314,490 will be released to Fund (196). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve to terminate the Collier County Tourism Agreement with Visit Naples, Inc. and canceling the associated Purchase Order. Jack W. Wert Tourism Director DATE: APPROVED BY:~. . . DATE: JUN 2 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES, INC. FOR ECONOMIC DISASTER RECOVERY PROGRAM THIS AGREEMENT, is made and entered into this2c ' 1 iyof T,_tt:, ,1997, by 1 and bew,,een Visit Naples, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as -"COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain ol' the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of 'Collier County nationally and internationally auld for tile promotion and advertising of activities or events intended to bring tourists to Collier County; and W'HEREAS, Collier County and the Collier County. Tour/sm Conu'nittee entered into a Tourism Grant Program Advertising and Promotion Abweement dated December 7, 1993, as amended by First Amendnmnt dated October 4, 1994, to fund an economic disaster plan in thc aggregate amount of :$903,900.00; and \~,rHEREAS, Collier County and tl'~e Collier County Tourism Conm'dttee entered into a Tourism Grant Program Advertising and Promotion Agreement da'ted May 9, 1995, as amended by First .,M'nendment dated July 25. 1995, to fund the economic disaster plan in the aggregate amount of $647.615.00; and WHEREAS, the Agreements described above have tm-minated; and ~,WHER_E,,\S, \;isi~ .Naples, Inc. desires to coordinate thc adverlising and promotion for hurricane/natural disaster marketing; and WHEP,.EAS, GP,~NTEE ha_~ applied to the Tourist Development Tax Council and the C'oun~y to use Tourist Developmem Tax funds for the advertising and promotion for hurri- cane/natural disasmr marketing; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to 1his Agreement. NOW, THER_EFOR~, BASED UPON THE MUTUAL COVENANTS A.N-D PRE, MISES PROVIDED HER. EI-N, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUA_LLY AGREED AS FOLLO\VS: 1. SCOPE OF \VOP,~: In accordance with the Budget attached as Exhi~_~ · GR.A~NTEE shall provide either Level A or Level B or.Level C adverlising to coumer negative public relations resulting from a humcan¢ or natural disaster pursuant to this Agreement. "~ Agreement' shall be a ~, ~: Thc amount to paid under this maxin'mm of One Mitlion Forty-Seven Thousand Three Hundred Fifty-Eight Dol x.....~_ ,047, e GKANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for Ihe promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the se,,wices described in the invoice are completed or that goods have been received. As tllis funding is emergency in nature, all efforts will be made to expedite pa>q'nents and payment process will commence upon invoicing. GRANTEE will provide verification of services to COUNTY prior to receiving payment GRANTEE shall detcm'mm that the goods and sen, ices have been properly providcd, and shall submit invoices to the County Manager or his designee. The County Manager designee sha[l determine that the invmce payments are authorized and thc goods or 2 cr"iJ l 2003 covered by such invoice have been provided or performed in accordance with such authorization. The budget attached as Exhibit "A" shall constitute authorization of the expenditure descdbed in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vcndor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments 'received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits' payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum mount budgeted pursuant to the Atlached "Exhibii A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%)of any line item must be authorized by the County Manager or l'fis designee. 3. ELIGIBLE EXPENDiTLrRES Only eligible expenditures described in Section 1 ,.,,'ill be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY v,'ithin 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one 3'ear after termination of th.is Agreement or any extension or renewal thereof. 4. 'q II~::~[..[.~LC~: GRANTEE is requircd to submit a Certificate naming Collier County, and its Board of County Commissioners and the Touris Council as additionally insured. Thc certificate must be valid for the duration oft 3 of Insurance I(o,q- is Agre~m~ent, JUN 2 an~t bc issued by a company licensed in thc Slate of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY FNYUI~Y LIA_I3ILITY S300,000 each claim per person P~.OPER. TY DAMAGE LIA]31L1TY S300,000 each claim per person PER. SONAL FNILTKY LIABILITY S300,000 each claim per person WOPd(_EK'S COMPENSATION AND EMPLOYEK'S LIABILITY-Statutory The Certificate o£Insurance must bc delivered to the County Manager or his designee within ten days of execution of this A~eement by the COUNTY. The GRANTEE shall not commence promotional and advert[sing activities which are to be funded pursuant to this Agreement until thc Ccrtificatc of Insurance has been received by the COLFb, FfY. 5. ~: GRA~\'TEE shall provide to County a report on service provided.by_ GRANTEE, its x, endors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent, and the sen'ices provided 30 days after payment is received. GRANTEE shall lakc reasonable measures to assure the continued satisfactoo' performance of all vendors and subcontractors· 6. CHOICE OF VEN'DORS AND FAiR DEALING: GRANTEE may select vcndors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors ancb'or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and rcquirc rcpaymcnt ifinvoiccs havc bccn paid undcr this Agrccmcnt for unreasonable expenditures. The reasonableness of the expenditures shall be based on standards. JUN 2 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments ofany name and description ar/sing out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the nan'md GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be iimited in any way by the agreed upon Agreement pr/ce as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. I/J_Q_T_[.C,.~: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly setwed if mailed by registered or certified mail to the GRANTEE at 'x.._"~ 1400 G~B ulevard North, Suite 218 J/ ~, - Ail notices from thc GKA.NTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or cc~ficd mail to thc COUNTY' to: /~~ounty Manager / Second Floor, Administration Building [x 3301 Tamiami Trail East ~ ~ Naples, Florida 34112 The GRANTEE and the COUNTY may change thc above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as crcating a partncrstfip bct,,veen the COUNTY and the GRANTEE, or its vendor or su)cont~r~,~~,~_ iJUN 2 q 20113 constitute the GKANTEE, or ks vendor or subcontractor, as an ;agent or cmploycc of the COUNTY. 10. TERoMrNATION: The COUNTY or the GRAMTEE may cancel this Agreemmn~. with or without cause by giving 30 days advance written notice of such termination pursuant to Section $ and specifying thc effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GR.,~NTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of 'the termination so long as such expenses are eligible. ll. (~EI',YERAL ACCOLrNT~G: GRANTEE is required to maintain cgmplete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be r¢:ordcd, and all expenditures must be incurred within the term of this Agreement. 12. AVAII.ABILITY OF RECORDS: GRANTEE shall maintain records, boo .... documents, papers and financial information pertaining to work porformed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until thc expiration of tlnxec (3) years after final payment cruder this Agreement, have access to and the right to examine and photocopy any pertinent books, documents, papers, and records 0 GRANTEE involving transactions related to th. is Agreement. ~) PROHIBITION OF. ASSIGNMENT: GRANTEE shall not assign, convey, or transfer m ,.,,,hole or in part its interest in this Agreement without the prior written consent of the COUNTY. 1~. TEP,.M: This Agreement shall become effective upon execution by COUNTY an shall remain effective JUN 2 tt 2003 15. REQUIRED NOTATION: All promotional must prominently list Collier County as one of the sponsors. 16. AMENDMENTS: This Agreement may literature and media advertising only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. iN WITNESS WHEREOF, the GILANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. "~ DWiGHT'E:' BROCK, Clerk ....../. ,....-,';-j . ..;.. ... '%1 ?rintedFryped Name l~ri nted.rl'yped Name BOARD OF COUNTY COMMISSIONERS COLLIEB~OUNTY, FLO~ 2' TIfio~rm,/C. ~iAk4~6C~:, Chairm~ GRANTEE Visit Naples, Inc. Printed/Typed Name Approved as to form and legal sufficiency ./ Heidi F. Ashton Assistant County Attorney f:/c~.'!1997 TDC Ag~¢menlxd~islt blaples. Inc. D~saster Recovery. (corporate seal) JUN 2 ~..2003 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICKS DIVISION April 25, 2003 Operations Department Collier Business Plaza, Suite 210 3050 North Horseshoe Drive Naples, Florida 34104 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Visit Naples, Inc. c/o John E. Ayres, Jr. 1400 Gulf Shore Boulevard, North Suite 218 Naples, FL 34102 Re: Cancellation of Contract between Collier County and Visit Naples, Inc. dated July 29, 1997 Dear Mr. Ayers: Pursuant to Sections 8 and 10 of the agreement dated July 29, 1997 between Visit Naples, Inc. and Collier County, this letter shall serve as notice that Collier County hereby cancels this agreement immediately since Visit Naples, Inc. is a dissolved corporation. Very truly yours, Jack Weft, Director Tourism Development JUN 2 2O03 Phone (239) -~33-2302 www.collie~ov.net COLLIER COUNTY GOVERNMENT COMMUNITY DEVELO~ AND ENVIRO~ SERVICF_.~ DIVISION April 25, 2003 Operations Department Collier Business Plaza, Suite 210 3050 North Horseshoe Drive Naples, Florida 34104 VIA CERTIFIED MAIL RETURN RECEIFF REQUESTED Visit Naples, Inc. c/o Tammie Matthews, Managing Director 1400 Gulf Shore Boulevard North Suite 218 Naples, FL 34102 Re: Cancellation of Contract between Collier County and Visit Naples, Inc. dated July 29, 1997 Dear Ms. Matthews: Pursuant to Sections 8 and 10 of the agreement dated July 29, 1997 between Visit Naples, Inc. and Collier County, this letter shall serve as notice that Collier County hereby cancels this agreement immediately since Visit Naples, Inc. is a dissolved corporation. Very truly yours, Jack Wert, Director Tourism Development JUN 2 2003 Fax (239) 434-5066 Phone (239) 403-2302 www.colliergov.net EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SECOND AMENDMENT TO THE TOURISM AGREEMENT WITH KELLEY sWAFFORD & ROY, INC. (KSR) FOR IMPLEMENTATION OF AN FY 02/03 EMERGENCY/DISASTER RELIEF MARKETING BUDGET PLAN OF UP TO $320,000. OBJECTIVE: To establish Emergency/Disaster Relief funding to be implemented, if needed to increase visitation to Collier County after an emergency, disaster or serious slowdown in tourism. CONSIDERATIONS: On March 27, 2003, the Collier County Tourist Development Council (TDC) reviewed and endorsed a plan developed by KSR for advertising and public relations program to boost tourism visitation to Collier County as a result of an emergency or disaster. The County has had such a plan in place in the past and in light of the Iraq War, the sagging economy and residual effects of Sept. 11, 2001. Implementation of the plan as described in Exhibit "B" attached, will be at the direction of the Collier County Tourist Development Director after careful consideration of market conditions and consumer confidence. Funding would come from the Emergency Relief Fund 196. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves this amendment for implementation of an FY 02/03 Emergency/Disaster relief-marketing budget plan of up to $320,000. SUBMITTED BY: Jack WT~ert Tourism Director DATE: /.~seph K.'~chmitt, Adntinistrator //C DES Division DATE: 2003 2O03 SECOND AMENDMENT TO TOURISM AGREEMENT This Second Amendment to Tourism Agreement, made this [ 5~'- day of 2003, (hereinafter referred to as "Second Amendment) is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "County"), and Kelley Swofford Roy, Inc., a Florida corporation (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the County and Contractor entered into a Tourism Agreement dated July 30, 2002 (the "Agreement"); and WHEREAS, the County and Contractor eniered into a First Amendment to Tourism Agreement dated December 17, 2002; and WHEREAS, the County and Contractor desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: effect. Section 2q is hereby added to said Agreement: KSR shall have the responsibility for the implementation of the FY02/03 Emergency/ Disaster Relief Marketing Budget attached hereto as Exhibit "B" that was reviewed and endorsed by the Tourist Development Council on March 27, 2003, and subsequently approved by the Board of County Commissioners with the execution of this Second Agreement. The FY02/03 Emergency/Disaster Relief Marketing Budget, attached hereto as Exhibit "B" shall have been effective upon execution of this Second Amendment and valid through September 30, 2003, unless amended by the Board of County Commissioners. KSR must have prior written authorization by Collier County through its tourism director before implementing any Emergency/Disaster Relief Marketing. Except as set forth in this Second Amendment, the Agreement shall remain in full force and IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Clerk By:. TOM HENNNG, Chairman Printed/Typed Name Witness Signature Printed/Typed Name (2) Witness Signature KELLEY SWOFFORD ROY, INC. PrintName: ~oSc~v'x ~.'o- I t'~7 Title: ~.~; t)4 nC Approv~ed as o form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 11 H FA\A i:rccmcnls~nd Amendment-tourism affreemclll JUN 2 q 2003 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT CATEGORY "A" BEACH PARK FACILITIES GRANT APPLICATION IN THE AMOUNT OF $40,700 OBJECTIVE: To approve a Tourist Development Category "A" beach park facility grant application in the amount of $40,700. CONSIDERATIONS: The following Tourist Development Category "A" beach park facility grant application was reviewed and recommended for approval by the Parks & Recreation Advisory Board on February 28, 2003. On May 28, 2003, the Tourist Development Council recommended approval. DESCRIPTION Clam Pass Parking Lot Resurfacing AMOUNT $40,700 FISCAL IMPACT: $40,700 is available for appropriation in the Tourist Development Tax FY2003/2004 budget. GROWTH MANAGEMENT IMPACT: The value of this facility is inventoried in the Groxvth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Clam Pass Parking Lot Resurfacing grant application for a Tourist Development Category "A" project in the amount of $40,700. SUBMITTED BY: ~ , REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: [e - ~'~-'~D_~ ,~ /~tty Pe'tr~ow, TJ;~5~Contracts Manager 7///1~4~/~ ~'~/~-4~ Date: Maria Rfimsey, ~ark~ & ~creation Director ~~~t Date: J c We~,To ' ector ~~~ Date: Denny Baker, Financial Admin. & Housing Director ~---~~~O~ Date: ~ / Cseph K. 8rc'hrr;itt~ Adt~inistrator ~//Uommunity Development & Environmental Services JUN 2 ~ 2303 n. ] 6. 7. 8. EXHIBIT A Collier County Tourist Development Council Grant Application Resurfacing Clam Pass Park Parking Lot Name and Address of Applicant Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Contact Person, Title and Phone Number: Marla Ramsey, Director Phone: 353-0404; Fax: 353-1002 Organization's Chief Official and Title: Tom Henning, Chairman Board of County Commissioners Project Description (and location): Paving and striping of the parking lot at Clam Pass Beach Park, 407 Seagate Drive, Naples Estimated project start date: October, 2003 Estimated project duration: One Month Total amount requested: $ 40,700 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes () No(X) JUN 2 ~ 2003 PROJECT BUDGET Resurfacing of Clam Pass Park Parking Lot PROGRAM ELEMENT AMOUNT 1. Paving $ 30,000 2.- Striping 7,000 3. Contingency 3,700 TOTAL $ 40,700 I have read the Beach Renourishment and Pass Gu/delines and criteria and agree that my orgamzation will comply with all guidelines and criteria. Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. 2003 EXECUT~"E S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Arrowhead Reserve at Lake Trafford - Phase One", a subdivision of lands located in Section 6 Township 47 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Arrowhead Reserve at Lake Trafford - Phase One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land DeveloPment Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Arrowhead Reserve at Lake Trafford - Phase One" be approved for recording. Arrowhead Reserve at Lake Trafford - Phase One consists of 156 Lots being developed by MDG Capital Corporation. The roads will be Public, the water and sewer improvements will be maintained by the Immokalee Water and Sewer District. FISCAL IMPACT: The project cost is $2,520,338.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,087,658.00 - $1,432,680.00 The Security amount, equal to 110% of the project cost, is $2,772,371.80 JUN 2 ~ 2003 ! Executive Summary Arrowhead Reserve at Lake Trafford - Phase One Pa~e 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $26,678.60 Fees are based on a construction estimate of $1,432,680.00 (does not include Immokalee Water and Sewer District Utilities) and were paid in February, 2003. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)$ 2,036.50 b) c) Paving, Grading (1.3% const, est.) GROWTH ~%/~AG~NT IMPACT: Construction Drawing Review Fee Water & Sewer (Immokalee) - $ N/A Drainage, Paving, Grading (.42% const, est.)$ 6,017.26 Construction Inspection Fee Water & Sewer (Immokalee) - $ ~/A Drainage, - $18,624.84 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC R~COMMENDATION: Approval CCPC RECOMM]ZNDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Arrowhead Reserve at Lake Trafford - Phase One" for recording with the following stipulations: Approve the amount of $2,772,371.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JUN 2 2003 Executive Summary Arrowhead Reserve at Lake Trafford - Phase One Page ~ Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. %'hat the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: ba~e- i JUN 2 2003 EXECUTIVE SUMMARY ESTABLISHMENT OF A PROGRAM TO PROVIDE ASSISTANCE TO AFFORDABLE HOUSING RENTAL DEVELOPMENTS OBJECTIVE: To establish a program to assist in the construction of new affordable rental developments in Collier County. CONSIDERATION: Collier County's Local Housing Assistance Plan (LHAP) contains several affordable housing strategies all written specifically to assist in affordable homeownership activities. The County then implements these strategies using monies received through the State SHIP Program. This ensures that 100% of all SHIP funds used in Collier County are directed to assist in home ownership activities. However, not all low-income residents of Collier County are candidates for homeownership. According the Governor's Affordable Housing Study Commission, Collier County also has a shortage of roughly 5,000 affordable rental units. That shortage is expected to grow to 6,500 by the year 2010. Collier County participates in an Affordable Housing Inter-local Agreement with the City of Marco Island. Through this agreement the City pays the County 10% of the building permit fees collected on the island. These funds are then deposited in the County's Affordable Housing Trust Fund for use in affordable housing activities. The proposed program would make available approximately $100,000 per year received through the City of Marco Island Affordable Housing Inter-local Agreement to developers of affordable rental housing. The funds will be disbursed though a seven-year loan at zero percent interest. These funds are available in the Affordable Housing Trust Fund. The loan's will be secured by a security instrument, "second mortgage," recorded against the property. Staff will develop criteria for evaluation of proposed recipients. Proposed recipients of these loans will make application to the County for assistance and be evaluated. Loans recommended by staff for approval will then be brought to the Board of County Commissioners for execution. FISCAL IMPACT: The proposed program would utilize approximately $100,000 per fiscal year received from the City of Marco Island though an Affordable Housing Inter-local Agreement. GROWTH MANAGEMENT IMPACT: Establishment of this program will assist Collier County and the Financial Administration and Housing Department to accomplish the goals set forth in the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the establishment of the proposed program. SUBMITTED BY: ~ rr~ ~/_q~.,~_ [,4.~ Date: C;//'r, /,~ Cormac J. G~,blin, Is(o~sing Development Manager I ~a~/(.~inis~r~J~on and Housing Department REVIEWED BY: [~/ I ,,.fl( q~)~-_~'~ Date: (~-/b YJ~ Denton Baker, Director ~ial Ad~s~gf~and Housing Department APPROVED BY: /j~Date: ~'?/'¢ ~ / / Joseph Scnmitt, Administrator / Community Development and Environmental Services Division JUN 2 2003 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR URBAN COUNTY RE-QUALIFICATION FOR CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEARS 2004-2006. OBJECTIVE: A Resolution by the Board of County Commissioner's to authorize the submission of an application to the U.S. Department of Housing and Urban Development (HUD) for Urban County re-qualification for continued participation in the community Development Block Grant program for Fiscal Years 2004-2006. CONSIDERATIONS: The current Urban County status will expire on June 30, 2004. Per federal regulation 24 CFR 570.307 (a) county must re-qualify every three years to continue participation in the entitlement CDBG program. HUD has issued instructions for the Urban County Re-Qualification process that the county must follow to continue participation in the CDBG program for the federal fiscal years 2004-2006. Staff has followed the HUD procedure in the preparation of the re-qualification application. The anticipated CDBG funding is approximately $2.8 million per year. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Urban County status could result in approximately $2.8 million in each of the next three (3) years. RECOMMENDATIONS: That the Board of County Commissioners pass this resolution authorizing the Collier County Financial Administration and Housing Department to prepare necessary documentation for the re-qualification application for Urban County status and submittal of application to the U.S. Department of Housing and Urban Development. PREPARED BY: REVIEWED BY: APPROVED BY: Date: Lee Combs, HUD/FedS!al Grants Manager F~~~°using Date: H. Denton Baker, Director ~ Date: / JoSeph K. Schnhi~ Adm~tor. ommunity Development & Environmental Services JUN 2 q 2003 RESOLUTION NO. 2003 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AUTHORIZE SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR URBAN COUNTY RE-QUALIFICATION FOR CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEARS 2004-2006. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has notified Collier County that it need to re-qualifies for entitlement status as an urban county, to continue to receive the Community Development Block Grant (CDBG) funds for Fiscal years 2004-2006; and WI-iEREAS, HUD has provided Collier County with instructions for Urban County Re- Qualification for participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2004-2006; and WHEREAS, by May 2, 2003, Collier County was required to notify incorporated areas of the county of their options for exclusion fi.om or participation in the urban county; and WI-IEREAS, by May 31, 2003, any included unit of general local government electing to be excluded from an urban county was required to notify the county and HUD, in writing, that it elected to be excluded; and WI-~REAS, Urban counties entering into cooperation and/or program agreements with the units of general local government located in whole or in part within the county, must submit to HI.rD executed cooperation and/or program agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline for submission indicated in the schedule provided by HUD; and WHEREAS, by July 11, 2003, any county seeking to re-qualify as an urban county must submit to the appropriate HUD Field Office all qualification documentation required. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Collier County Board of County Commissioners hereby directs the Collier County Department of Financial Administration and Housing to prepare, or cause to be prepared, an 1 of 2 application to the U.S. Department of Housing and Urban Improvement (HUD). BE IT FURTI-[ER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this __ day of ,2003, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney 2003 2 of 2 EXECUTIVE SUMMARY A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF MARCO ISLAND'S CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2004-2006; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To have the Board of County Commissioners enter into Urban County Program Agreements with the City of Marco Island, as part of the qualification process for Collier County to apply for Urban County stares to continue receiving the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grants (CDBG). CONSIDERATIONS: On September 26, 2000, the City of Marco Island and Collier County entered into an Urban County Agreement for federal fiscal years 2001-2003. HUD required that letters be sent by May 2, 2003 to the three incorporated cities within Collier County, affording each city the option for continued exclusion from or participation in the urban county. These included the City of Naples, the City of Marco Island and the City of Everglades City. The City of Marco Island has notified Collier County and HUD that the City wishes to continue to be included in the Urban County for the federal Fiscal Years 2004-2006. Urban counties must enter into cooperation or program agreements with the units of general local government located in whole or in part within the county and submit executed cooperation and/or program agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline for submission to HUD, which is July 11, 2003. The new Program Agreement does not contain guaranteed CDBG funding amount to the City of Marco Island. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: These agreements, as part of the application process for Urban County status, could result in approximately $2.8 million in each of the next three (3) years. RECOMMENDATIONS: That Agreement with the City of Marco Island. PREPARED BY: ~n Lee ts Manager REVIEWED BY: l ~'"'7%/(~ -- H. Denton Baker, Director APPROVED BY: the Board of County Commissioners enter into the Urban County Program Date: Date: ~'- Financial Administration& Housing ~s~h ~~ Ad~ni~eto[ ~ommuni~ Development & Environmental Se~ices AGENDA IT'~vl JUN 2 2003 Pi[.,., / RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PEKTAINING TO THE CITY OF MAKCO ISLAND'S CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PKOGRAMS FOK FEDERAL FISCAL k £ARS 2004-2006. WHEREAS, the Housing and Community Development act of 1974, as amended, makes provisions whereby counties may enter into program agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement and Home Investment Partnerships (HOME) program funds; and WHEREAS, in September 26, 2000, the City of Marco Island entered into a three-year "Urban County" Agreement with Collier County; and WHEREAS, the City of Marco Island desires to continue participation in an amended "Urban Countf' Agreement with Collier County; and WHEREAS, the cooperation of the City of Marco Island and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant and HO1V[E programs under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, this agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2004-2006 CDBG Entitlement and HOME funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNIISSIONERS OF COLLIEK COUNTY, FLOKIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the Program Agreement with the City of Marco Island for the City to participate in the Community Development Block Grant and HOME programs for Federal Fiscal Years 2004-2006. Section 2. The Chairman is hereby authorized to sign the Program Agreement and this resolution and the Clerk of the Circuit Court to attest to same. BE IT FURTHEK RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. 1 of 2 J U N 2 4 2003 T}fis Resolution adopted this second, and majority vote favoring same. day of ,2003 after motion, ATTEST: DWIGHT E. BROCK, CLEKK By: Deputy Clerk BOARD OF COUNTY COMM/SSIONERS OF COLLIEK COUNTY, FLORIDA By: Approved as to form and ency: Assistant County Attorney TOM HENNING, CHAmMAN JUN 2 2 of 2 URBAN COUNTY PROGRAM AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND THIS URBAN COUNTY PROGRAM AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County"); and the City of Marco Island, Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into program agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant and HOME program funds; and WHEREAS, the cooperation of the City and County is ESSENTIAL for the successful planning and implementation of the Community Development Block Grant and HOME programs under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and, WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2004-2006. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF MARCO ISLAND, FLORIDA AGREE AS FOLLOWS: This Agreement covers the County's and the City's participation d Fiscal Years 2004 through 2006 in the HUD Community Develop Block Grant Entitlement and HOME Investment Partnerships prograr Jring ^ C-,F-NOJ~ lent JUN 2 2003 2. This Agreement will be automatically renewed at the option of the County for participation in successive three-year qualification periods, unless the County or the City provides written notice to the other party that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Marco Island of its right to be automatically renewed or withdraw from the Urban County. 3. Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for program agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification pedod, and to submit the amendment to HUD as provided in the urban county qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG and HOME funds and income received with respect to this three- year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 6. The County and the City are obligated to take all actions necessary to assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing an¢ Development.Act of 1974, and other applicable laws. JUN 2 2003, This Agreement prohibits the City's use of Urban County funding for activities, in or in support of the City, that do not affirmatively further fair housing within the City's jurisdiction or that impede the County's actions to comply with its fair housing certification. The City has adopted and is enforcing: a. a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 9. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 10. The County has final responsibility for selecting 'CDBG and HOME activities and annually filing the Final Statements with HUD. 11. The County agrees to provide technical assistance to the City in the planning and implementation of CDBG Entitlement and HOME activities. 12. By executing this program agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG program; and b. it may not participate in a HOME consortium except through the urban county, regardless of whether the Urban County receives a HOME formula allocation. JUN 2 2003 13. Any disputes between the City and County regarding managing and administering the CDBG and HOME programs shall be resolved as follows: First, the parties shall make a bona fide attempt to resolve the dispute. In the event that the dispute cannot be resolved, the parties shall seek mediation through the mediation program of the Twentieth Judicial Circuit. If mediation is not successful, the parties agree to arbitrate the dispute in accordance with Flodda Arbitration Statute, using an arbitrator appointed by the Chief Judge of the Twentieth Judicial Circuit. 2 2003 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Tom Henning, Chairman Approved as to form and legal sufficiency Patrick G. White, Assistant County Attorney ATTEST: City Clerk Date: THE CITY OF MARCO ISLAND COUNTY OF COLLIER, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA M~ch ael~F,~ IV'~n ozz~, Jr, ;i"~ Cou%cI6hairman Approved as to form and legal sufficiency Richard Yovanovich, City Attorney JUN 2 2003 LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Patrick G. White, Assistant County Attorney Collier County Date JUN 2 q 2003 LEGAL CERTIFICATION BY CITY OF MARCO ISLAND'S COUNSEL As the legal counsel for the City of Marco Island, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to ur~dertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Richard Yovanovich, City Attorney City of Marco Island Date JUN 2 q 2003 EXECUTIVE SUMMARY A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES'S CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2004-2006; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To have the Board of County Commissioners enter into an amended Urban County Cooperation Agreement with the City of Naples, as part of the re- qualification process for Col!!er County to apply for Urban County status to continue receiving the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grants (CDBG). CONSIDERATIONS: On September 26, 2000, the City of Naples and County entered into an Urban County Agreement for federal fiscal years 2001-2003. HUD required that letters be sent by May 2, 2003 to the three incorporated cities within Collier County, affording each city the option for continued exclusion from or participation in the urban county. These included the City of Naples, the City of Marco Island and the City of Everglades City. The City of Naples have notified Collier County and HUD that the City wishes to continue to be included in Urban County for the federal Fiscal Years 2004- 2006. Urban counties must enter into cooperation or program agreements with the units of general local government located in whole or in part within the county and submit executed cooperation and/or program agreements, together with evidence of authorization by the governing bodies of both parties (county and included unit) executed by the proper officials in sufficient time to meet the deadline for submission to HUD, which is July 11, 2003. The new Cooperation Agreement does not contain a guaranteed fixed CDBG funding amount however, since the City of Naples is an entitlement community, the City will receive the CDBG funding based on the HUD allocated formula. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: These agreements, as part of the application process for Urban County status, could result in approximately $2.8 million in each of the next three (3) RECOMMENDATIONS: That the Board of County Commissioners enter into the Urban County Cooperation Agreements with the City of Naples. PREPARED BY: ~'"',~ Date: ~ - ~-O ~ Lee Combs, HUD/ffe~deral Grants Manager Ii~ancia, A .d~nistr~tit and Housing H. Denton Baker, Director Financial Administration an~:}~using BY: /~~~ Date: d'/~/~ APPROVED /fg~ph K. Sch~tt,/A~ministrat~r d/ ~ommunity Development & Envirofimental Services 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES' CONTINLIED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2004-2006; PROVIDING FOR CERTAIN COMMITMENTS. WHEREAS, the Housing and Community Development act of 1974, as amended, makes provisions whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual HUD Community Development Block Grant (CDBG) Entitlement and Home Investment Partnerships (HOME) program funds; and WHEREAS, in September 26, 2000, the City of Naples entered into a three-year "Urban County" Agreement with Collier County; and WHEREAS, the City of Naples desires to continue participate in an amended "Urban County" Agreement with Collier County; and WHEREAS, the cooperation of Naples and Collier County is essential for the successful planning and implementation of the HUD Community Development Block Grant and HOME programs under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, this agreement covers the period necessary to carry out activities which will be funded from appropriations for Federal Fiscal Years 2004-2006 CDBG Entitlement and HOME funds, including any automatic renewal periods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~MMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby agree to adopt the Cooperation Agreement with the City of Naples for the City to participate in the Community Development Block Grant and HOIviE programs for Federal Fiscal Years 2004-2006. Section 2. The Chairman is hereby authorized to sign the Cooperation Agreement and this resolution and the Clerk of the Circuit Court to attest to same. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. 1 ofl J UN 2 2003 This Resolution adopted this second and majority vote favoring same. day of ,2003 after motion, ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOKIDA By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Patrick O.~v'hi/e' ' -' Assistant County Attorney 2 of 2 JUN 2 ~ 2003 URBAN COUNTY COOPERATION AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier County, a political subdivision of the State of Florida through its Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County"); and the City of Naples, Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provision whereby counties may enter into cooperation agreements with certain units of government to carry out activities which will be funded from annual Federal Housing and Urban Development (HUD) Community Development Block Grant and HOME program funds; and WHEREAS, the cooperation of the City and County is essential for the successful planning and implementation of the Community Development Block Grant (CDBG) and HOME programs under an "Urban County" designation by the U.S. Department of Housing and Urban Development; and WHEREAS, the City has opted to be included in the Urban County Program for Federal Fiscal Years 2004-2006. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CITY OF NAPLES, FLORIDA AGREE AS FOLLOWS: 1. This Agreement covers the County's and the City's participation during Fiscal Years 2004 through 2006 in the HUD Community Development Block Grant Entitlement an¢ Investment Partnership programs. JUN 2 2003 2. This Agreement will be automatically renewed for participation in successive three-year qualification pedods, unless either the County or the City provides written notice 90 days prior to the start of the Federal Fiscal Year, that it elects not to participate in a new qualification period. By the date specified in HUD's Urban County qualification notice for the next qualification period, Collier County will notify the City of Naples of its right to be automatically renewed or withdraw from the Urban County designation. 3. Failure by either, party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the Urban County Qualification notice, will void the automatic renewal of such qualification period. 4. Neither party may terminate or withdraw from-this agreement while it remains in effect. This Agreement will remain in effect until all of the CDBG and HOME and income received with respect to this three-year urban county qualification period (and any successive qualification periods) are expended and the correspondingly funded activities have been completed. 5. The County and the City agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 6. The County and the City are obligated to take all actions necessary to assure compliance with the County's certification required by Section 104 (b) of Title I of the Housing and Community DevelopmE 1974, as amended, including Title VI of the Civil Rights Act of Fair Housing Act, Section 109 of Title I of the Housing and C. Development Act of 1974, and other applicable laws. 2 o ao 10. 11. 12. This Agreement prohibits the City's use and the County's use of Urban County funding for activities, in or in support of the City or County that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. The County and City have adopted and are enforcing: a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. The County has final responsibility for administration of CDBG and HOME activities and annually filing the Action Plans with HUD. The City has responsibility for day to day implementation of its programs. The County and City agree to work cooperatively on providing technical assistance in the planning, administration and implementation of CDBG Entitlement and HOME activities. By executing this cooperation agreement the City expressly understands and agrees that: a. it may not apply for grants under the Small Cities or State CDBG programs from appropriations for fiscal years dudng the period in which it is participating in the Urban County's CDBG program; b. it may not participate in a HOME consortium except through the urban county, regardless of whether the Urban County receives a Co HOME formula allocation: and it may use the funds received pursuant to this agreeml HUD eligible uses. AGENDA I'r~M .nt only f~ JUN 2 2003 13. 14. ao bo City of Naples will receive its CDBG funding based on the HUD allocation formula for HUD eligible projects in Naples. If HUD determines that the proposed uses of the funds are not eligible under HUD guidelines and requires reimbursement then the City of Naples will immediately reimburse the County the amounts determined not to have been properly expended. Any disputes between the City and County regarding managing and administering the CDBG and HOME programs shall be resolved as follows: First, the parties shall make a bona fide attempt to resolve the dispute. In the event that the dispute cannot be resolved, the parties shall seek mediation through the mediation program of the Twentieth Judicial Circuit. If mediation is not successful, the parties agree to arbitrate the dispute in accordance with Florida Arbitration Statute, using an arbitrator appointed by the Chief Judge of the Twentieth Judicial Circuit. 2003 IN WITNESS WHEREOF, the County and the City have executed this Agreement effective as of the latter date written below. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Tom Henning, Chairman ATTEST: City Clerk Approved as to form and legal sufficiency Patrick G. '~/~e, Assistant Coun, ty Attorney THE CITY OF NAPLES COUNTY OF COLLIER, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Bonnie R. MacKenzie, Mayor Approved as to form and legal sufficiency Robert D. Pritt, City Attorney A~A rr~.M JUN 2 2003 LEGAL CERTIFICATION BY COLLIER COUNTY'S COUNSEL As the legal counsel for Collier County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Patrick G. White, Assistant County Attorney Collier County Date '" JUN 2 2003 LEGAL CERTIFICATION BY CITY OF NAPLES'S COUNSEL As the legal counsel for the City of Naples, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the City to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Robert D. Pritt, City Attorney City of Naples Date JUN 2 tt 2003 EXECUTIVE SUMMARY APPROVAL OF THREE (3) IMPACT FEE REIMBURSEMENTS TOTALING $11,978.94 DUE TO OVERPAYMENT ON BUILDING PERMITS OBJECTIVE: To obtain Board of County Commissioners approval of three (3) impact fee reimbursements, due to overpayment of impact fees, on Building Permit Numbers 2002102534, 2002102814 and 2002102668, totaling $11,978.94. CONSIDERATIONS-'- Following recent discussions between county staff and the staff Of the Clerk of Courts, it has been jointly determined that requests for impact fee reimbursements will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly' gave such authority. Staff will be preparing an ordinance to amend Chapter 74, Section 203.B of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine ,requests for impact fee reimbursements. Deerbrooke, Inc. ($3992.98) - Permit Number 2002102534 for the construction of a single family home with a guest suite was assessed impact fees for a single family home and a guest house. The Transportation Planning Dept. and the Financial Administration and Housing Dept. determined that the guest suite did not meet the criteria necessary to be assessed as a guest house as it does not have an area that could be used as a kitchen. The Customer requests the overpaid impact fees paid on this permit be reimbursed. McGarvey Custom Homes ($3992.98) - Permit Number 2002102814 for the construction of a single family home with a guest suite has was assessed impact fees for a single family home and a guest house. The Transportation Planning Dept. and Financial Administration and Housing Dept determined that the guest suite did not meet the criteria necessary to be assessed as a guest house as it does not have an area that could be used as a kitchen. The Customer requests the overpaid impact fees paid on this permit be reimbursed. Atlantic Gulf Construction ($3992.98) - Permit Number 2002102668 for the construction of a Cabana was assessed impact fees for a guest house. The Transportation Planning Dept. and the Financial Administration and Housing Dept determined that the guest suite did not meet the criteria necessary to be assessed as a guest house as it does The Customer requests the o not have an area that could be used as a kitchen. impact fees paid on this permit be reimbursed. 2003 'Impact Fees Reimbursements FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road - District 1 $5,400.00 Parks $2,823.00 Libraries $ 642.00 Jail $ 353.94 Emergency Medical Services $ 279.00 School $2,481.00 Total: $11,978.94 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursements may adversely affect capital project funding for road construction due to Transportation Impact Fee revenues being down from the previous fiscal year, however, the building permits were overpaid and the impact fee reimbursements are due to the customers. RECOMMENDATION: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $11,978.94 and that the Board approves any related budget amendments that may be required. SUBMITTED BY: REVIEWED BY: A~y Pat~f~rSon, Impact~ee Coordinator Denton Baker, Director Financial Administration and Housing Department APPROVED /~o~eph Schm~; ~dministra{or [¢mmun/)I~ Development and Environmental Services Division v ,~/ ff/~ ate APPROVED BY: '/ ~'~.,4.~.- D : ~rO~ nr~;a~o r t E~ t ~oend ei ~ v~sliCo nP, Administrator Page 2 JUN 2 4 2003 D EERBROOK, INC. General Contractors & Construction Management May 2, 2003 Ms. Amy Patterson Impact Fee Analyst Financial Administration and Housing Department Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 RE: Refund of Impact Fees for Permit #2002102534 Dear Ms. Patterson: As you know, representatives of the Bonita Bay Group and I have had several discussions with the County staff regarding the appropriate impact fees to be paid for single-family residences with a cabana. Based on the outcome of these discussions, it appears that.we paid higher impact fees than required for the single-family residence located on Milan Lot 17 at Mediterra (Permit Number 2002102534). Accordingly, we respectfully request that the fees paid in excess of the standard impact fees for a single-family residence of this size be refunded to us. The justification for this refund is explained below. A meeting between the County staff and representatives of the Bonita Bay Group was held on March 2~, ,-vvo, to discu~ un~ issue. TI-to- ' following: Don Scott Alan E1-Urfali Phil Tindall Amy Patterson Ron Talone George Swartz Collier County Transportation Planning Department Collier County Transportation Planning Department Collier County Transportation Planning Department Collier County Financial Administration and Housing Department David Plummer & Associates, Inc. David Plummer & Associates, Inc. During this meeting, you explained that, in some cases, Collier County treats a single residence with a courtyard and a cabana as two residences for impact fee purposes. I- P.O. Box 366127 'Bonita Springs. Florida 34136 o94l 4984500 'Fax 941.498.4259 E-mail: john~deerbrookinc.com ° http:/,'www.rdcompanies.com oweg t JUN 2 q 20113 you explained further that not all single-family residences with a courtyard and a cabana are considered two units. You emphasized that the County considers the cabana (or guest suite) to be a separate unit (or guest house) if it has both kitchen facilities (or a kitchenette) and sleeping accommodations. In addition, the unit must have separate access: that is, the unit must not have access through the living area of the single-family residence. It was agreed that such kitchen facilities would be those requiring a 220-volt outlet. When the representatives of the Bonita Bay Group advised me of these criteria for determining whether or not a cabana would be treated as a separate residence, I realized that the units being developed at Mediterra did not meet these criteria as separate units. To confirm this, I invited the County staff to visit the sites in question at Mediterra. This site visit t°0'k place on-Tuesday, Ap~5i 1, 20~ 'Ihose in attend~m~-~ ~fi-ngii~i-s site visit included the following: Paula Fleischman Aidan Weir George Swartz Collier County Financial Administration and Housing Department Deerbrook, Inc. David Plummer & Associates, Inc. During this site visit, we visited two sites comparable to the one for which ~ve are requesting a refund. We went inside and Ms. Fleischman took photos inside the cabana. Ms. Fleischman agreed during the site visit that the cabanas did not have a kitchen or stove hook-ups and would not be livable on their own as separate residences. She said that she would' advise the County staff of her findings. It's our understanding that, after further staff discussions, the staff agrees that the cabanas of this type at Mediterra do not meet the County's criteria as separate units. Therefore, a partial refund of the fees paid for the cabana located on Milan Lot 17 at Mediterra (Permit Number 2002102534) is appropriate. Thank you very much for your consideration in this matter. If you have any questions regarding tim above, plea~ do nut l'.~itat~ to call. Aidan Weir Deerbrook, Inc. AW:sw 02527:Ware_050203 cc: David Graham Jon Rubinton Ronald Talone JUN , . 2003 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners fTrans Number 377564 ~ Date ~ [ 1-~6-~2 ~_12/26/2002 12:53:01 PM ~ Nbr Address: 15439 MILAN WAY Owner: LLOYD, MICHAEL H=& DOROTHY SCOA #: 02-3694 Permit Type: BR2 Job Desc: CMU & FRAME S/F W/ATTACHED CABANA Applicant: AIDAN WAIR DBA: DEERBROOK, INC. Swr Meter: NC Wtr Meter: CC Payor' DEERBROOK Fee Information -Fee Code Description GL Account Amount'-'W~wed 42WSD----~~ATER SYSTEM CHARGE 41127351134336000000 $6725.00 ,42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $2840.00 ~ COUNTY METER TAP CHARGE 40825321234332000000 $602.00 ~08BCAI_ BLDG.CODE CERT. SURCHARGE 11300000020882000000 $26.98 -~--~----- ~._~. iI 08B-'~--~ I BLDG PERMITS- NAPLES 11313890032211000000 $2083.00 IMP/,<34615640236399000000 $1390.00 ~ ~SCPNP COMMUNITY/REGIONAL PARKS 35014047036385000000 ~0~0~sEMsI EMS IMPACT FEES UNINC. $223.00 I 08JAIL I JAIL IMPACT FEE ~ 38111043036380100000 $235.96i \\q,ct~' ~ ~\") '¢ $513.00 ~.~,q ' i LIBRARY IMPACT FEE-UNINC. 135515619036399200000 08LIBR i~l~T 1 ROAD IMPACT FEE-MUL:TI-F ~ $1800.00 ~ \~ 08MFR1 ' 08MFSG ~ARGE ~ ~11313890034144200000 $8.10 , 08NN M 0_0_0_0_02 $809.55 ~08RDGS BLDG. PERMIT SURCHARGE 111300000020880000000 $26.98 ~K REGIONAL/COMMUNITY PARK IMPAG3'4615640236399000000 $1387.00 %\q, ¥ ._%"10. L~8SC_HI SCHOOL BOARD IMPACT FEE 11300000020905000000 $2605.00 \~T'~% ' 08SFR1 DIST 1 ROAD IMPACT FEE-SINGLE 33116365036351000000 $2871.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-269.85 08RIC1 DIST 1 ROAD IMPCT FEE CREDIT 33116365036351100000 $-2871.00 42LRSI -- LIVINGSTON RD SEWER IMPCT CR 41300000022370100000 $-2840.00 42LRWI I LIVINGSTON RD WATER IMPCT CR 41100000022360200000 $-1256.32 .....__ Total $16909.40 ,/~_'_ Collier County Board of County Commissioners CD-Plus for Windows 95/NT - Continued - JUN 2 ~ 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 377564 12/26/2002 12:53:01 PM 12/26/2002 PT 2002102534 Payments IPayment Code Account/Check Number CHECK 13633 Memo: Amountt $16909.40 Total Cash $0.00 [ Total Non-Cash $16909.40 Total Paid I $16909.40 l Cashier/location: MCCAULEYKATY / 1 User: SWEET H Collie~ County Board of County Commissioners CD-Plus for Windows 95/NT Printed:( JUN 2 ~ 2003, P. 27300 Riverview Center Boulevard, Suite 201, Bonita Springs, FL 34134 941.992-B940 Fax: 941-992-8676 Collier County Community Development 2800 North Horseshoe Drive Naples, FL 34104 Attn: Jeff Kucko / Gary Harrison RE: Permit #2002102814 11601 Talon Drive Naples, FL 34120 To Whom It May Concern: We are paying a portion of the impact fees due in the amount of $5,621.98 under protest pending your review of the ordinance pertaining to the designation of a "Guest House". We also retain the right to appeal any decisions made by the Impact Fee and Building Department of Collier County after review of this matter scheduled for Thursday, December 5, 2002. Please do not hesitate to call with any questions. Sincerely, Custom Homes Vice President 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 373957 12/3/2002 1:44:37 PM 12/3/2002 PT 2002102814 Address: 11601 TALON DR Owner: MCGARVEY CUSTOM HOMES INC COA #: 03-0696 Permit Type: BR2 Job Desc: CBS S/F DETACHED - 400 AMPS Applicant: LARRY DBA: J. MC GARVEY CONSTRUCTION CO., INC. Swr Meter: OT Wtr Meter: OT Payor' MCGARVEY Fee Information Fee Code Description GL Account Amount 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $53.94 08BCIM BIG CORKSCREW FIRE IMPACT 11300000020983000000 $1618.05 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $~614.00 '-----' 08CPNP COMMUNITY/REGIONAL PARKS IMP,Z,G4615640236399000000 $1390.00 ~°t ,(3:3 '"r 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $223.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $235.96 ; 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $513.00 108MFR6 DIST 6 ROAD IMPACT FEE-MULTI-F 33816365036353000000 $1800.00 - 08MFSG MICROFILM SURCHARGE 11313890034144200000 $15.60 08RDGS i: BLDG. PERMIT SURCHARGE 11300000020880000000 $53.94 i 08RGPK i REGIONAL/COMMUNITY PARK IMPA( ;3'4615640236399000000 $1387.00 i 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $2605.00 \'"1.~,~ -~- 08SFR6 DIST 6 ROAD IMPACT FEE-SINGLE 33816365036351000000 $2871.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-519.68 Total I $18860.81 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUN 2 ~ 2003 Printed:6/9/2003 10:00:39 AM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt J Post Date I Payment Slip Nbr 12/3/2002 PT 2002102814 tTrans Number 373957 Date 12/3/2002 1:44:37 PM Payments Payment Code I Account/Check Number Amountl CHECK 1762 $18860.81 Memo: Total Cash $0.00 Total Non-Cash $18860.81 Total Paid I $18860.81 Cashier/location: MCCAUI~EYKATY / 1 User: POTTER T Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUN 2 z~ 2003 Printed:6/9/2003 10:00:40 AM / AO?:J~)A IT,d JUN 2 1 ATLANTIC/GULF CONSTRUCTION CORR (239} 659-9110 3920 PROGRESS AVENUE, SUITE B1 NAPLES, FLORIDA 34104 t~.mmunity'll~ank Community Bank o_f Naples.. N.A. 5150 Tami&m irail Nortl~ ~ a../.r~we,,K4. Naples, Florida 34103 63-1419/670 667[ ORDER OF ~'oor=r~ ?Et,' ~:Or~?O l,h ],c~L,,'_ r~O ], i~55 S," JUN 2 zl 2003 ,',. J/ Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissionerr ITrans Number 383709 tDate 1/31/2003 3:24:16 PM tPost Date 1/31/2003 Address: 6810 PELICAN BAY BLVD Owner: RADTKE, JERALD L=& MARLENE N COA #: N/A Permit Type: BR2 Job Desc: M/F-ATT CABANA W/ELEC,PLUMB,NC Applicant: JEFF STOLZ DBA: ATLANTIC/GULF CONSTRUCTION CORP. Swr Meter: Wtr Meter: Payor: ATLANTIC GULF CONSTR. Fee Information Fee Code I Description 08BCAI / BLDG.CODE CERT. SURCHARGE 08BPNP tBLDG PERMITS- NAPLES 08CPNP /COMMUNITY/REGIONAL PARKS IMP¢ 08EMSl / EMS IMPACT FEES UNINC. 35014047036385000000 08FLNN /FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 08JAIL 38111043036380100000 08LIBR ' 35515619036399200000 08MFR1 08MFSG 08NNIM 08RDGS 08RGPK 08SCHI 08BACR 08FPRF 08APPF JAIL IMPACT FEE LIBRARY IMPACT FEE-UNINC. DIST 1 ROAD IMPACT FEE-MULTI-F MICROFILM SURCHARGE GL Account 11300000020882000000 11313890032211000000 ~(~;4615640236399000000 33116365036353000000 11313890034144200000 NORTH NAPLES FIRE IMPACT 11300000020981000000 BLDG. PERMIT SURCHARGE ~11300000020880000000 REGIONAL/COMMUNITY PARK IMPACt4615640236399000000 SCHOOL BOARD IMPACT FEE BLDG. PERMIT APP. FEE CREDIT FIRE PLAN REVIEW FEE FIRE PLAN REVIEW APP FEE 11300000020905000000 11313890032251000000 11300000020910200000 11300000020910200000 Total Amount I Waived $3'12 / , $511.00/ v/, $471,00~ ¢" $93.001 · $318.69/ v/ $117.98 I ,../' $214.00 / ~ $1800.00 ! $6.00 / $93.45 $3.12 v/ $470.00 · ,../' $827.00 $-200.00 $50.00 $-50.00 $4728.36 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUN 2 ~ 2003 Printed:l/31/2003 3:25:08 PM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 383709 1/31/2003 3:24:16 PM 1/31/2003 PT 2002102668 Payment Code CHECK Payments Account/Check Number 6678 Amount $4728.36 Memo: Total Cash $0.00 Total Non-Cash $4728.36 Total Paid [ $4728.36 Cashiedlocation: MCCAULEYKATY / 1 User: POTTER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUN 2 4 2003 Printed: 1/31/2003 3:25:08 PM EXECUTIVE SUMMARY APPROVAL OF THREE (3) IMPACT FEE REIMBURSEMENTS TOTALING $9,960.82 DUE TO OVERPAYMENT OR CANCELLATION OF BUILDING PERMITS OBJECTIVE: To obtain Board of County Commissioners approval of three (3) impact fee reimbursements, due to overpayments on Building Permit Number 2002100649 and 2002012093, and cancellation on Building Permit Number 2002023541, totaling $9,960.82. CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been .jointly determined that requests for impact fee reimbursements will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff will be preparing an ordinance to amend Chapter 74, Section 203.B of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Southern Gulf West Construction ($5,480.00) - Permit Number 2002100649, for the construction of a 4-unit condominium building, was assessed road impact fees in the amount $2,882 per unit for 4 units using the road impact fee rate in effect November 1, 2002 ($11,528.00). The building permit application was applied for on October 9, 2002 and should 'have been assessed using the road impact fee rate in effect prior to November I, 2002 - $1,512 per unit for 4 units ($6,048.00). Customer requests a reimbursement of overpaid road impact fees in the amount of $5,480.00. Custom Crafted Homes of Naples, Inc. ($608.00) - Permit Number 2002102093 for the construction of a single-family home was assessed the road impact fee rate for a home in the 1500-2499 square feet range ($2433.00). The permit should have been assessed for the road impact fee rate for a home under 1500 square feet ($1825.00). Customer requests a reimbursement of overpaid impact fees in the amount of $608.00. Ralph Goddard ($3872.82) - Permit Number 2002023541 for the construction of a guest house has been cancelled per the customer's letter (attached). Customer requests impact fees paid on this permit be reimbursed. JUN 2 q 2003 impact Fee Reimbursements ,~,~ FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road Impact Fees - District 4 Road Impact Fees - District 1 Parks Impact Fees Jail Impact Fees Library Impact Fees School Impact Fees EMS Impact Fees $6,088.00 $1,800.00 $ 820.84 $ 117.98 $ 214.00 $ 827.00 $ 93.00 TOTAL: $9,960.82 GROWTH MANAGEMENT IMPACT. Remittance of the requested impact fee reimbursements may adversely affect capital project funding for road construction due to Transportation Impact Fee revenues being down from the previous fiscal year, however, the building permit was over-assessed and the impact fee reimbursements are due to the customers. RECOMMENDATION: That the Board of County Commissioners approves the requested impact fee reimbursement, totaling $9,960.82 and that the Board approves any related budget amendments that may be required. Amy Patterson, Iml~ Fee Coordinator Financial Administration and Housing Department APPROVED BY: APPROVED BY: 2714~ ph Schm~, Administrator ~pmmu~yDevelopment and Environmental Services Division ~trnj{tn E. Fed~r, AICP, Administrator ' Tran~ortation Division Page 2 JUN 2 2003· CONSTRUCTION, INC. May 29, 2003 Ms. Paula Fleishman Impact Fee Analyst Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, FL 34104 RE: PERMIT #2002-100649, OVERCHARGE IMPACT FEES Dear Paula, This letter is to request a partial refUnd for the road impact fees for the above-mentioned permit. It appears to me that we have paid the current Condominium Road Impact Fees of $11,528.00; however according to your list of impact fees the permit was submitted under on October 9, 2002, I should have paid $6,048.00. I am requesting a refund for the difference ($5,480.00). Please' see the attached receipt showing the payment made and the road impact fee schedule the permit was submitted under. I am requesting a credit as soon as possible. Please contact me ifI can expedite this in any way, Sincerely yours, DAVID SABO PROJECT MANAGER SOUTHERN GULF WEST CONSTRUCTION, INC. 4227 EXCHANGE AVE., NAPLES, FL 34104 · 941.643.6677 · FAX 9, sgw@sgwconstruction.com CG-CO43320 JUN 2 2003 1.643.3876 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissionc, r Trans Number ~[ Date ~ 404782 5/21/2003 9:24:04 AM J. 5/21/2003 Address: 8605 CHAMPIONS PT Owner: ASSOCIATED REAL ESTATE SW INC COA #: DRI Permit Type: BR2 Job Desc: CBS 4-PLEX CONDO-700 AMPS BLDG.#1 APplicant: DAVID DBA: SOUTHERN GULF WEST CONSTRUCTION, INC Swr Meter: SC Wtr Meter: CC Payor · SGW r Fee Code 42WSDC 42SSDC 08BCAI 08BPNP ,08CPNP 08EMSI 08ENIM 08FLEN 08FPRF ~on WATER SYSTEM CHARGE SEWER SYSTEM CHARGE Fee Information BLDG.CODE CERT. SURCHARGE BLDG PERMITS - NAPLES COMMUNITY/REGIONAL PARKS IMP EMS IMPACT FEES UNINC. EAST NAPLES FIRE IMPACT FIRE< I MILLION-EAST NAPLES ~]]~00000020882000000 111313890032211000000 ~G4615640236399000000 35014047036385031350 11300000020982000000 1300000020920100000 FIRE PLAN REVIEW FEE 11300000020910200000 JAI.__.~L IMPACT FEE -- 38111043036380131381 -, L I-F 336163656363 ,, d~°] ~;~_~?_676353031336 2] ~?_u?0°°2°88°000000 ~ ~~';'1~' I~'''~ K 'M PA( :34615640236399000000 3oooo ~~%¢~. ~ c~ ; ~3~38~oo~ 08APPF FIRE P~N REVIEW APP FEE j1130~ Total . $61.62 $1848.60 $546.4~' $864.04 $471.92 '$11528.00 $61.62 $2744.~-~- $3308.00 $-558.10 $-640.00 $115940.91 Collier County Board of County Commissioners CD-Plus for Windows 95/NT -Continued- JUN 2 4 2003. l Printed:5/21/2003 9:24:36 AM CUSTOM CRAFTED HOMES OF NAPLES, INC. CBC 047115 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RE: OVER CHARGE OF IMPACT FEES: DEAR CCBOCC, THIS LETTER IS A REQUEST FOR REFUND ON OVERPAYMENT OF IMPACT FEES. I HAVE SPOKEN WITH PAULA FLEISHMAN OF THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT AT THE HORSESHOE DRIVE LOCATION. SHE CONFIRMS THAT I HAVE OVER PAID THE FEES AS FOLLOWS. ATTACHED YOU WILL FIND A RECEIPT FOR PERMIT NUMBER 2002102093. LOCATED AT 5250 TEXAS AVE. IN NAPLES MANOR. THE FEES FOR DIST 4 ROAD IMPACT FEE-SINGLE WAS CHARGED OUT AT $2433.00, FOR 1500-2499 SQUARE FEET OF LIVING. IT SHOULD HAVE BEEN CHARGED OUT AT $1825.00 FOR A HOME THAT IS UNDER 1500 SQUARE FEET OF LIVING AREA. THAT IS A DIFFERENCE OF $ 608.00. PLEASE REFUND THIS AMOUNT TO ME AS SOON AS POSSIBLE. RICHARD E. GREINER JR. 4525 NORTH ROAD, NAPLES, FL. 34104 O-239-430-4611 F-239-43C JUN 2 ~ 2003 'Official Receipt - Collier county Board of County CDPR1103 - Official Receipt Commissior Trans Number 392431 13/20/2003 8:09:12 AM.__.__~ 3/20/20~' r Address: 5250 TEXAS AVE Owner: GREINER, RICHARD E=& BEVERLY M COA #: 03-0850 Permit Type: BR2 Job Desc: CBS S/F DETACHED W/SHUTTERS - 200 AMPS Applicant: RICHARD GREINER DBA: CUSTOM'CRAFTED HOMES OF NAPLES Swr Meter: SC Wtr Meter: CC Payor: CUSTOM CRAFTED HOMES Fee Code- 08BCAI 08BPNP 08CPNP 08EMSI 08ENIM 08JAIL 08LIBR 08MFSG 08RDGS 08RGPK 08SCHI 08SFR4 08TROP 42M'FrP 42SSDC 42WSDC 08BACR Fee Information ~?~]~036385000000 ~~20982000000 ~1_!~?~36380100000 ? . 363992ooooo ~0034144200000 BLDG.CODE CERT. SURCHARGE BLDG PERMITS - NAPLES 3OMMUNITY/REGIONAL PARKS EMS IMPACT FEES UNINC. EAST NAPLES FIRE IMPACT JAIL IMPACT FEE LIBRARy IMPACT FEE-UNINC. MICROFILM SURCHARGE BLDG. PERMIT SURCHARGE 1300000020880000000 REGIONAL/COMMUNITY PARK IM :)236399000000 SCHOOL BOARD IMPACT FEE 11300000020905000000 DIST 4 ~ ROAD IMPACT FEE-SINGLE 33616365036351000000 TRANSPORTATION R.O.W. PERMIT 1011636403___~2920000000 COUNTY METER TAP CHARGE '40825321234332000000 SEWER SYSTEM CHARGE 41326361334356314131 WATER SYSTEM CHARGE H 127351134336314111 BLDG. PERMIT APP. FEE CREDIT 11313890032251_..~000000 Total Amo~ ~ $302.00 ~ $-100.00 -'-------- $12568.74 Collier County Board of County Commissioners CD-Plus for Windows 95/NT - Continued- 2003. I Printed:6/9/2003 9:11:45 AM 'Official Receipt- CDPR1103 - Official Receipt · Collier County Board of County Commissioners ITrans Number 392431 IDate 3~20/2003 8:09:12 AM Post Date 3/20/2003 IPayment Slip Nbr PT 2002102093 IPayment Code CHECK Payments IAccount/Check Number 7O96 Amount $12568.74 Total Cash I $0'00 I Total Non-Cash $12568.74 Total Paid I $12568.74) Memo: Cashier/location: GARRETT_S I 1 User: CRONBERG_D 2003. -- Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:6/9/2003 9:11:45 AM 04-15-03 Collier County Building Dept ATTN: Paula Fleishman Dear Paula, I, Ralph Goddai'd, owner of the property at 1540 Oaks Blvd., Naples, FI, am writing this letter to relinquish permit #2002023541 for my guesthouse on Oaks and request reimbursement on said permit. There'are extenuating circumstances that have happened in ,ny wife's family (father-in- laxv) with cancer. I no longer need a guesthouse for my in-laws. I have made changes to the ,nain house permit adding an extra bedroom for my mother-in-law. I am sorry for any inconvenience I may have caused your office but would appreciate any help you could give me on this matter. If you have any.questions, call me at my office 2634043 or my cell 825-3504. Thank you, Ralph E. Goddard Home Address: 1565 Golden Gate Blvd. W. Naples, FI 34120 Work Address: National Roofing of Collier 4273 Arnold Ave. Naples, Fl. 34104 -JUN 2 2003. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 368183 10/31/2002 11:37:32 AM 10/31/2002 J PT 2002023541 Address: 1540 OAKESBLVD Owner: GODDARD, RALPH ECOA #: 02-2728 Permit Type: BR2 Job Desc: GUEST HOUSE 125 AMPS Applicant: SHARON FRADD DBA: DELTA CONSTRUCTION OF COLLIER COUNTY, INC. Swr Meter: Wtr Meter: Payor: RALPH GODDARD Fee Information Fee Code Description GL Account Amount Waived 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $6.30 O8BClM BIG CORKSCREW FIRE IMPACT 11300000020983000000 $189.00 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $531.00 08CPNP COMMUNITY/REGIONAL PARKS IMP~ ,G4615640236399000000 $571 ~02 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 , $93.00 08HDST HEALTH DEPT. SEPTIC TANK 11300000020850000000 $280.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $214,00 08MFR1 DIST 1 ROAD IMPACT FEE-MULTI-F 33116365036353000000 $1800.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $6.30 08RGPK REGIONAL/COMMUNITY PARK IMPA(;34615640236399000000 $249.82 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $827~00 19APFA ADEQUATE PUBLIC FACILITIES APP 11113831732253000000 $35.00 08BAPP BLDG. PERMIT APPLICATION FEE 11313890032251000000 $-100.00 08BASA SEPTIC APPLICATION FEE 11300000020850000000 $-140.00 19APFA ADEQUATE PUBLIC FACILITIES APP 11113831732253000000 $-35,00 Total $4648.42 - Continued - 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l 0/31/2002 11:38:04 AM 'Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 368183 10/31/2002 11:37:32 AM 10/31/2002 PT 2002023541 IPayment Code CHECK Memo: lAccount/Check 1589 Number Payments Am°UntI · $4648;42:1 Total Cash Total Non-Cash J' : $0:00J $4648.42 J · Total Paid J $4648.42 J Cashier/location: MCCAULEYKATY / 1 User: POTTER_T 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/31/2002 11:38:04 AM EXECUTIVE SUMMARY APPROVAL OF CONTRACT 03-3504, IN THE AMOUNT OF $72,144, WITH TIN'DALE- OLIVER AND ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR A GOVERNMENT BUILDINGS IMPACT FEE STUDY OBJECTIVE: Obtain Board of County Commissioners' approval of a contract for professional consultant services for preparation of a Government Buildings Impact Fee study in the amount of $72,144. CONSIDERATIONS: The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on March 31, 2003. Notices were sent to eight-five (85) firms and responses were received fi.om four (4) firms by the due date of April 25, 2003. A Selection Committee meeting was held on May 29, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, Tindale-Oliver and Associates, Inc. was selected as the number one choice among the prospective vendors. The selection committee was composed of staff fi.om the Office of Management and Budget, the County Attorney's Office, Facilities Management, the Purchasing Department and the impact fee Section of Financial Administration and Housing. The Board approved the committee's short list on June 10, 2003, Agenda Item 16.A.4, and authorized staff to negotiate a contract with Tindale-Oliver and Associates, Inc. GROWTH MANAGEMENT IMPACT: Collier County has never had an impact fee to provide financial funding for the construction of general government buildings. The implementation of a Government Buildings Impact Fee will provide financial resources for the construction and/or expansion of public buildings and facilities required to accommodate growth. FISCAL IMPACT: A budget amendment is required in the amount of $72,144 to increase the operating budget of Community Development's Impact Fee Administration office and decrease the General Fund Reserves, which is the current funding source for the construction of public buildings. Once the Government Buildings Impact Fee Trust Fund is established, all future studies and updates related to the Government Buildings Impact Fee will be financed by the Trust Fund. RECOMMENDATION: That the Board of County Commissioners approves a contract, in the amount of $72,339, for professional consultant services for preparation of a Government Buildings Impact Fee study and approves the necessary budget amendments. A&E/;DA II'F_M JUN 2 q Pg._ I _ Government Buildings Impact Fee Study - Contract Approval Page 2 Denton Baker, Director Financial Administration and Housing Reviewed by: '--,..,n.,- - - -,, Date: Stephen Y. Carnell, Purchasing Director by: ' r (~ommunity Development and Environmental Services Division Approved By: James V. Mudd, County Manager Date: JUN 2 ~ 2003 _c 0 © ._. EXECUTIVE SUMMARY APPROVE A TOURISM AGREEMENT WITH THE CITY OF NAPLES FOR T-GROIN MONITORING, PROJECT 90005, IN THE AMOUNT OF $96,954 OBJECTIVE: To obtain approval of a Tourism Agreement for the monitoring of the T-groins near Gordon Pass in the amount of $96,954. CONSIDERATIONS: The Coastal Advisory Committee recommended the approval of a $96,954 TDC Category "A" grant application for the annual monitoring of T-groins on the north side of Gordon Pass on March 15, 2002. The Tourist Development Council followed suit on April 15, 2002. The Board of County Commissioners approved the $96,954 grant on May 14, 2002 and they approved the County budget on September 18, 2002 that included a $97,000 budget for the subject project. FISCAL IMPACT: The funds are available from the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute a Tourism Agreement with the City of Naples in the amount of $96,954. Patty'P~trow, TDC Contracts Manager Jack Wert, Tourism 'rector REVIEWED BY: ~ ~ Denny Baker, FinanciaJ~Admin. & / J~seph K. S~l~ni~t, Admir~strator . c ommunity Development & Environmental Services Date: (r.-- ~'~"- .rD_~ Date: 6/~/C_~ JUN 2/~. 2;~103 / 1 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING ADDITIONAL MONITORING OF THE SOUTH GORDON DRIVE T-GROIN INSTALLATION THIS AGREEMENT, is made and entered into this day of ,2003 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". RECITALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of $96,954.00 for the monitoring of the South Gordon Drive T-Groin (the "Project"); and WHEREAS, COUNTY desires to fund the Project. NOW, THEREFORE, .BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1.. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal", attached as Exhibit "A". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement sh~q~l be Ninety-Six Thousand Nine Hundred Fifty-Four Dollars ($96,954.00). GRANTEE shall be paid in accordance with the fiscal procedures of C( submittal of an invoice and upon verification that the services described in the completed or that goods have been received. and No/100 invoice are JUN 2 t~ 212103. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. .ELIGIBLE EXPENDITURES_ Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expen~litures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tour/st Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Propert3rDamage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory A~..NC}A ITel ~ JUN 2 2 03 The i2ertificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selectior/of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION. To the extent permitte[l by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claim...s, brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price ~s shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8~ Street South Naples, Florida 34102 All notices fron~ GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 8. NO PARTNERSHIps. Nothing herein contained'shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section' 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eli~ble. 10. _GENERAL ACCOUNTING GRANTEE is required to maintain complete and accurate accounting records and keep t~ii, ism funds in a separate checking account. All revenue related to the Agreement should be recorded, and ail expenditures must be incurred within the terms of this Agreement. 1 I. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. _PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part'ts interest in this Agreement without the pr/or written consent of COUNTY. 13. _TERM. This Agreement shall become effective on and effective until sixty (60) days after completion of the project described in Exhibit "A' than December 31, 2003. s halll~~ ¢ but no later JUN 2 ~ 2003. 14. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. RECORDATION. County, Florida. This Agreement shall be recorded in the public records of Collier IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl J.IER COUNTY, FLORIDA · Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney JUN 2003. ATTEST: TARA NORMAN, City Clerk GRANTEE CITY OF NAPLES ROBERT D. PRITT, City Attorney By: BONNIE R. MacKENZIE, Mayor WITNESSES: (i) Signature (Corporate Seal) : Printed/Typed Name (2) signature Printed/Typed Name h:hfa\tdc~agreemenm~aom toringSGordonDr JUN 2 II EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach improvement, maintenance renourishrnent, restoration and erosion control, including pass and inlet management.) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator 3301 East Tarniami Trail Naples, FL 34112 1. Name and Address of Applicant Organization: City of Naples 735 Eighth Str.~et South Naples, FL 34i'02 2. Contact Person, Title and Phone Number: Dr. Jon C. Staiger Natural Resources Manager 941-434-4655 3. Organizatiqn's Chief Official and Title: Bonnie R. MacKenzie, Mayor 4. Brief Project Description: Semi-annual monitoring of the South Gordon Drive T-groin project, with contingency for fill placement and structure repairs, if necessary. JUN ~. Zga3. · Collier County Tourist Development Council Grant Application Page 2 5. Estimated project start date: 01 October 2002. 6. Estimated project dur. ation: one year. 7. Total amount requested: $96,954.00 If the full amount requested cannot be awarded, can the program / project be Restructured to accommodate a smaller award? Yes No X 9. Identify the goals and objectives for the project: To monitor the performance and condition of the two T-groins and two restored wood groins in relation to the Gordon Pass Inlet Management Plan. To repair structures and add sand if needed. 10. Describe what benefits will be received from the project: Continued monitoring is required by the permitting agencies and it will ensure that the structures are functioning as designed, to hold sand on the Naples Beach and prevent its rapid migration into Gordon Pass. ' i1. Describe how the effectiveness of the project will be evaluated: The project Will be monitored in compliance with the permit conditions. IJ 12. Describe how the project enhances existing County Tourist Development programs: Keeping 'sand on the Naples Beach and out of Gordon Pass provides a benefit for both the boaters and beach visitors, and many of them are tourists who are paying the tourist tax. 13. Describe how financial resources will be monitored. Project finances will be monitored by the Finance Department of the City of Naples. JUN 2 2O03 Collier County Tourist Developm6nt Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restorations projects? Yes Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non- local ratio? Yes Will the project improve understanding of alternative technologies t contribute to a cost-effective beach restoration project? n. Collier County Tourist Development Council Grant Application Page 4 Yes Is there a potential for an alternative/matching funding source? No If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes Has the project been reviewed and recommended by the Coastal Advisory Committee? ' Yes I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply wit,.h all guidelines and criteria. Signature of Organization's Chief Offi~al o~ Designee Date:~~l ~', JUN 2 ~ 2003 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET See appended letter JUN 2 ~ 201:)3 HUMISTON MOORE ENGINEERS COASTAl. F, NGIN[E~ING DESIGN AND PERMITTING Februacy 28, 2002 Dr. Jon Staiger, Natural Resources Manager City of Naples 735 Eighth Street South Naples, FL 34102 Sent via Fac. simile Contract Amendment for Project Monitoring 2002/2003 30~onth and 36-Month Survey and 3-Year Report South Gordon Drive Beachfront T-Groin Project HM File No. 9-062 Dear Jon, [n response to your request, we are providing you with this proposal to amend our contract for professional services to include the third year of monitoring and reporting requirements associated with your State Department of Environmental Protection permit for the ~,~rencsd project above. A description o1' the pro~iosed monitoring services is provided below. We have provided an estimated cost for each category as well as a total not to exceed amount. We have structured this agreement in this manner at the direction of the City staff and will be billing on a time and materials basis In accordance with our attached fee schedule dated 'January I, 2002, or an updated Fee Schedule in effect at the time of the work. Basic Services A. 30-Mo_rtth Monitorin.q (Lump Sum) .. .~as~ and hydrographic survey, 37 wading depth profiles) $3,120.00 2. Data reduction and analysis .................................................................... $4,110.00 3. Coordination with adjacent property owners and their engineer ............... $2,522.00 Subtotal for Task A: ............................................................................................... $9,752.00 5. 24-Morlth Monitorin~l fLump Sum~ Subtotal for Task B: .......... Beach and hydrographic survey, (23 offshore profiles, ~-14 wading depth) ................................................................................. $10,910.00 Data reduction and analysis ................................................................... $~,7~ n_nn -rlga Coordination with adjacent property owners and their engineer ........... $2,522.00 2003 1 of 2 I/ il Total for Basic Services ...................................................................................... $~ Additianal Services C. Contingency Fill Placement (T&M) 9. Full Survey, if needed, ........................................................................... $10,910.00 I 0. Analysis and administration of fitl placement, construction observation, wading depth surveys for post fill and payment review ....... $8,650.00 11. Fill placement of 1,000 cy at $15/yd plus site restoration~ ...................... $20,000.00 Subtotal for Task C: ............................................................................................ $39,560.00 Maintenance of T-groins and buoys ~2. Wale maintenance, rock adjustment and buoy maintenance ................... $10,430.00 Total for Additional Services: .............................................................................. ~ Contingency for meetings with City, presentation to City or Beach Committee, and DEP ('i'&M) ................ : .................................................. $7,500.00 Total for Basic and Additional Services and contingency: .................................. $98.954.00 ~n summary we recommend a budget of $39,464 for basic services and an additional S49,990.00 for contingency surveys, fill placement and structure and buoy maintenance. Based on the current l~erformance of the structures, we do not believe the contingency fill placement and related ~ervices will be required. We propose to provide services under Tasks A and B as lump sum and the remaining .'.asks as time and materials in. accordance with the attached fee schedule dated January 1, 2002, (or an updated Fee Schedule in effect at the time of the work) included as part of this letter of agreement. Should services be requested which extend beyond the scope of services referenced above, such services will be provided as Additional Services in accordance with the our current fee schedule and general conditions in effect at the time of Should you have any questions regarding this agreement, please call. Sincerely yours, Brett D~ Moore, P.E. Attachments ~ A budget or $20,000 is recommended lot contingency fill placement on the r, 1000 cy at $15/yd, plus site acc, ems restoration) and within the structures, if deeme permit conditions and monitoring results. HUMISTON & MOOI~E ENGI~N~)I~$ ,. NAPLES. FLORIDA nece~ JUN 2 2003- HUMISTON ~ MOORE ENGINEERS COASTAL - ENGINEERING DESIGN AND PERMITTING II FEE SCHEDULE Humlston & Moore Engineers January 1, 2002 ~rinclpal Engineer' Senior Engineer* Engineer II Engineer i Permitting Coodinator Senior Technician Technician Administrative Assistant Plotting (Printing done in house) Photo/Bond Vellum ~.~gistered Professional Engineer, or Engineer Ph.D. $150,001hr $100.00/hr $80.00/hr $70.00/hr $65.00/hr $55.00/hr $45,00/hr $50.001hr $25.00/Sheet $10.001Sheet -;here will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless specified differently In the contract. Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated from the date of Invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the · .~-~_~ cf invoice. .o. IL~M JUN 2 ~ 2003 .. HUMISTON MOORE ENGINEERS COASTAL ' EN(~INE£RING OE$1GN AND PERMII'rlNG HUMISTON & MOORE ~:NGINEER$ Standard General Conditions for Professional Services Contracts January 1, 2002 The purpose of' these stanc~ard General Conditions Is to govern ell services performed by Humlston & Moore E~glneers. for Services Humiston & Moore Engineers (ENGINEER) will b]l Client: (OWNER) monthly, on a time and materials basis, fo, ~ervices rendered. Paymenl of bills is due within thi da ' ' mak,, arty payment due for services a . .._Hy . ys of the. Invoice date. 11' the OWNER fails to · ' ~ nd expenses w~thm thirty days, me amounts due shall include a late c~',arge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in addition, after giving seven days written notice sen, ices under this agreement may be suspended until such time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and costs, including attorneys fees and interest, should it be required to obtain colleclion of any amount due under this agreement by' court action or settlement without court action. R~negotlation of Fees '"" E?,IGINEER reserves the right to renegotiate fees on an annual basis In reflect changes in price indice~ and ~.ay $cale~ applicable to the period when the services are rendered. Additional Services, Reimbursable Exl~enaes, and Application Fees AdcfitDnaJ Services not specifically included in the description of Basic Services will be provided at the cost of the and materials. Additional services may include any other services requested by OWNER, such as design and plan moclifications, responding to requests of regulatory agencies, attendance et meetings and hearings, making Presentations and time spenl preparing for same. Reimbursable expenses associated wi[h travel, copies, faxes, application fees, laboratory lestlng fees, etc., will be billed at cost plus 10%, with the exception of mlteage which wil! be billed at the l~revailing government rate. Application fees and impact fees, etc.. are the responsibility of OWNER; it'paid by ENGINEER such fees will be subject to the same markup es ~!her ~'eimbursable expenses. ~roject Delays .. ,-'h:e OWNER recognizes and agrees that various I~actors both within and without the control of ENGINEER c_~r~ operate to delay the performance of the work, the issuance of permits and licenses, and the overall ccnstr'uctlon.of the proiect. The OWNER agrees that II shall not be entitled to any claim for damages on -~ccount of hindrances or delays from any cause whatsoever including but not limited to: th, zu-nH~ ~r~ioq of contract documents; issuance of permits from any agency; beginning or compleUon of ' performance of any phase of work pursuant to this Agreement. HUMISTON & MOORE, Slanclarcl General Conditions, page I of 2 JUN 2 21 3 Project Representation It is customa,-7 for ENGINEER's responsibilities to Include services through the Bidding or Negotiation and Construction phases In order to interpret and clarify ENGINEER's documentation, to give OWNER some degree, of assurance (but not a guarantee) lhat what CONTRACTOR produces is generally in accordance ,,-'4t~. the conb'act documents. If ENGINEER's responsibilities as identified elsewhere Jn this contract do not ~ec~ca!ly include construction obsawation services0 then OWNER shat! indemnify and hold harmless ENGINEER from all claims, damages, loses and expenses Including attorneys fees resulting from any interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or otfiars. · ,,tat~on of Uabfllty OWNER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to the design professional's total fee t'or services, that the risks have been allocated such that, to the fullest extent permitted by law, ENGINEER's total liability' to OWNER for any and all claims, for economic losses. e×~enses or damages arising out of this agreement from any cause or causes, shall not exceed the total -.-~c'-,... of $: 0.000 or the amount of the fee charged for the specific services described, whichever is greater. Et;ch causes include, but are not limited to, design professional's negligence, errors, omissions, stMct liability, .~reach of contract Or breach of warranly. This limitation ol~ liability shall not apply to damages arising from personal injury or properly damage. Termination .'-'h,e obligation to provide further services under this Agreement may be terminated by either party upon thirty ~ays written notice in the event of substantial failure by the other party to perform In accordance with the terms hereof through no fault of the term. lnating party. OW.N E.~'s Responsibility J;c'~ request c'cnceming the information. by the Engineers, OWNER will provide ENGINEER with any ~'ileria and information OWNER's requirements for the project, as well as all existing site surveys and other site Document Reuse A!! documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of sea, ice in respect to the project and ENGINEER shall retain an ownership and property interest Iherein whether or nol bhe project is completed. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk. and OWNER shall Indemnify and hold harmless ENGINEER from all ctaims, damages, !csses and expenses including attorneys' fees resulting therefrom. HUMISTON & MOORE. Slandard General Conclitions. page 2 of 2 HUMISTON & MOO~E ENGINEERS · NAPLES. FLORIDA JUN 2 EXECUTIVE SUMMARY TO APPROVE THE AUTHORIZATION OF A SIX MONTH EXTENSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PERIOD FROM FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT, FOR THE STORMWATER MANAGEMENT AND INFRASTRUCTURE PROGRAM IN THE GATEWAY TRIANGLE/SHADOWLAWN NEIGHBORHOOD. OBJECTIVE: To approve the authorization of a six month extension of the Community Development Block Grant (CDBG) period from Financial Administration and Housing Department, for the stormwater management and infrastructure program in the Gateway Triangle/Shadowlawn neighborhood. CONSIDERATIONS: On September 30, 2002 the Community Redevelopment Agency approved a CDBG Sub recipient Agreement between Collier County and the Collier County Community Redevelopment Agency for the stormwater management and infrastructure program in the Gateway Tdangle/Shadowlawn neighborhood to reduce severe and dangerous flooding conditions involving Kirkland Avenue and Linwood Avenue. Due to design delays, the Project Manager is requesting a six month extension of the Community Development Block Grant (CDBG) pedod from Financial Administration and Housing Department, for the stormwater management and infrastructure program in the Gateway Tdangle/Shadowlawn neighborhood. FISCAL IMPACT: The total amount to be funded is $379,046 of which $329,046 will be reimbursed to Fund 187 in the form of CDBG funds. All funds have been properly allocated for this project. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: Recommendation that the Community Redevelopment Agency (CRA) approve the authorization of a six month extension of the Community Development Block Grant (CDBG) pedod from Financial Administration and Housing Department, for the stormwater management and infrastructure program in the Gateway Tdangle/Shadowlawn neighborhood. PREPARED~BY: ~ D. AARON BLAIR, URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION RANDY COHEN, MANAGER COMMUNITY PLANNING & REDEVELOPMENT SECTION -1- DATE AGENOA IT~ JUN 2 2003. PLANNING SERVICES DEPARTMENT DIRECTOR DATE J H K. SCHMITT DATE AI~IlNISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES AGEI'~DA ITEM JUN 2 ~ 2003 EXECUTIVE SUMMARy TO APPROVE A BUDGET AMENDMENT TRANSFERING $500,000 FROM COMMUNITY DEVELOPMENT AND ENVIROMENTAL SERVICES FUND 113 BUILDING PERMIT RESERVES TO CAPITAL FOR THE REFURBISHMENT OF THE EXISTING COMMLINITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) BUILDING OBJECTIVE:. To have the Board of County Commissioners (BCC) approve a budget amendment for the refurbishment of the existing CDES building. CONSIDERATIONS: There have been no substantial improvements to the majority of the existing CDES building since the building was built fourteen years ago. The building has become significantly deteriorated, for example, the fourteen-year-old carpet is torn and stained in many places, the paint is stained and drab, the layout has become inefficient due to changes in offices, and the present configuration does not allow for adequate security within our facility. We anticipate moving several departments into the new CDES building in October of this year. We desire to make the present building renovations at that same time to minimize a secondary disruption to conducting business. FISCAL IMPACT: $500,000 is available in reserves of Fund 113 and will be designated in a new cost center that is specific to the refurbishment of the existing CDES building. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The BCC approves refurbishment of the existing CDES building. REVIEWED BY: ~-~_.,.~,-..,4 /2 / ~ctor, this budget amendment for the ~_~,,~ Date: ilding Review and Permi~ing Date: ~/1 7/ EdlPerico, REVIEWED BY: [~~ H. Denton Baker, Di ctor, FAH seph Sch/n~it~, AdminiStrator, CDES / ' - AGF~A ITEM JUN 2 2003 EXECUTIVE SUMMARY ADOPTION OF RESOLUTION 03-__ REQUESTING THAT NAPLES BAY BE DESIGNATED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AS A SURFACE WATER AND IMPROVEMENT MANAGEMENT (SWIM) PROJECT AND BE INCLUDED IN THE SWIM PROGRAM OBJECTIVE: To have Naples Bay designated as a Surface Water and Improvement Management Project by the South Florida Water Management District. CONSIDERATIONS: In 1987, the Florida Legislature created the Surface Water Improvement and Management (SWIM) program to address the sources of water pollution affecting water bodies of the State. The State's Water Management Districts and the Department of Environmental Protection work as partners with federal, state and local governments, and private partners. The SWIM program requires the development of plans for the restoration management, and protection of at-risk water bodies. The objectives of the plans are to restore damaged aquatic ecosystems, prevent pol!ution from runoff and other sources, and to educate the public. The federal, state, local governments, and private partners in a SWIM Program contribute either direct funding or in-kind services to a project. Naples Bay has been impacted by surrounding growth and resulting stormwater runoff. This has adversely affected the Bay's water quality and aquatic ecosystems. Accordingly, Naples Bay is an ideal candidate to be designated as a SWIM project. FISCAL IMPACT: Adopting this Resolution to will not in itself cause a fiscal impact. If Naples Bay is designated as a SWIM project, then the County will identify various projects that could be used to contribute the matching requirements. GROWTH MANAGEMENT IMPACT: Supports Goal 2 of the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners adopt the Resolution supporting the designation of Naples Bay as a SWIM project. PREPARED BY: attached '-~lliam D. LorenZ, J~'., P.F~., l~irector Environmental Services Department DATE: BY:/,~~-~,~~J~seph K: S~_hm, tt, CDES Administrator DATE:"~'~///Y7/a__.~ APPROVED (community Development & Environmental Services JUN 2 2003. RESOLUTION NO. 03- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THAT NAPLES BAY BE DESIGNATED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AS A SURFACE WATER AND IMPROVEMENT MANAGEMENT (SWIM) PROJECT AND BE INCLUDED IN THE SWIM PROGRAM. WHEREAS, in 1987, the Florida Legislature created the Surface Water Improvement and Management (SWIM) program under Chapter 373.451 et seq., Florida Statutes and Rule 62- 40.432 Florida ,~drninistrative Code to address the sources of water pollution affecting water bodies of the State; and WHEREAS, the State's five water management districts and Department of Environmental Protection are directly responsible for the SWIM Program, and that these agencies work as partners in concert with federal, state, and local governments, as well as the private sector, with respect to this Program; and WHEREAS, the federal, state, local governments, and private partners in a SWI3/I Program contribute either funding or in-kind services; and WHEREAS, the SWIM Program requires the development of plans for the restoration, management, and protection of at-dsk water bodies. Such a plan directs the work needed to restore damaged aquatic ecosystems, prevent pollution from runoff and other sources, and educate the public; and WHEREAS, the SWIM Programs throughout the State have made great strides toward improving the quality ora number of water bodies within the State; and WHEREAS, Naples Bay has been impacted by the tremendous growth in the human population of the region, the building of the Golden Gate Canal System and its connection to the Naples Bay, and dredging and canal building; and WHEREAS, Naples Bay has experienced a stratification of its fresh and salt water that is negatively affecting oxygen levels, salinity and the survival of biotic organisms; an increase in stormwater runoff that is carrying pollutants into the Bay and the loss of naturally-occurring aquatic plant and animal life. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: (1) Naples Bay be designated by the South Florida Water Management District as a Surface Water and Improvement Management Project; (2) Naples Bay be included in the SWIM Program; (3) A Plan to restore, manage, and protect the Bay be developed and; (4) Funding be sought to implement the Plan. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN 2003 Approved as to form and legal sufficiency. Marjori(z~M. Student, Assistant County Attorney JUN 2 z~ 2003 I~,, EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT, IN THE AMOUNT OF $75,000, FROM RESERVES TO OPERATING AND CAPITAL WITHIN THE IMPACT FEE SECTION OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of a Budget Amendment, in the amount of $75,000, from reserves to operating and capital of the Impact Fee section of Community Development and Environmental Services Division. CONSIDERATIONS: The Impact Fee section experienced a budget shortfall for FY 03 due to the expenditures for impact fee studies and unexpected operating expenditures due to ongoing litigation of impact fee issues related to Assisted Living Facilities. The FY 03 adopted budget for the Impact Fee section failed to recognize the necessary funding for several impact fees studies, including the Educational Facilities Update Study, a portion of the Fire Protection Update Study and the update of the Administrative Procedures Manual. The budget also included the use of incoming revenue generated by a proposed administrative surcharge to fund the operating expenses of the Impact Fee Department. This administrative surcharge is not supported by County Ordinance and therefore was determined not to be a viable option for funding. However, an adjustment was not made to the budget to reflect the reduction in income and subsequent adjustments to expenses. In addition to the ongoing impact fee studies, the Impact Fee section of Financial Administration and Housing has experienced a sizeable increase in the funding requirements for postage, copying charges, legal advertising and production of certified documents, due in part to ongoing litigation and collection efforts for Assisted Living Facilities with underpaid impact fees. The requested funds will provide the Impact Fee section with the resources needed for ongoing impact fee studies, as well as additional legal expenses and funding for operating and capital outlay through the balance of this fiscal year. FISCAL IMPACT: Funds are available in reserves of the CDES fund 113. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated to this Budget Amendment. RECOMMENDATION: That the Board approve the attached Budget Amendment. AGEHDA IT E~,J..~ ~';o. /r.,,'¢-- M- [ JUN 2 q 003 Pg. / Michael S. Levy, Admln. _,~~nt Financial Administration and Housing Amy N. l~attbrson, Impact Fee Coordinator ~in~ and Housing ~ww~ ~¥: - ~,at,,: ~ -/$- c~ ~ H. Denton Baker, Director Financial Administration and Housing APPROVED BY:~strator, Date:4"~d~ mmunity Development & Environmental Services Division EXECUTIVE SUMMARY FIRST AMENDMENT TO TOURISM AGREEMENT WITH EVANS-KLAGES, INC FOR EXPANDED MARKET RESEARCH SERVICES OBJECTIVE: The County has contracted on behalf of the Tourism Department with Evans-Klages, Inc. for market research services. The Tourist Development Council (TDC) and staff are recommending the scope of services be expanded to include Focus Group Research, face-to-face interviews with Collier County visitors and enhanced measurement of the value of tourism to the County. CONSIDERATIONS: Market research is an essential tool in the strategic planning process and in shaping the marketing effort of tourism. A thorough knowledge of the typical visitor, their habits and spending patterns are essential to a well-targeted advertising message. Expanded research information will give the tourism Department and the Advertising agency the information needed to effectively promote the County as a tourism destination of choice to leisure and business travelers. FISCAL IMPACT: The expanded research services result in a net increase in research services of $25,400. These funds are available in Fund 194, Contractual Services in the FY 02/03 budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from this action. TOURIST DEVELOPMENT COUNTY RECOMMENDATION: services were recommended by the TDC at their May 28, 2003 meeting. These additional research RECOMMENDATION: Approval of the First Amendment to the Tourism Agreement with Evans- Klages, Inc and additional funding of $25,400. PREPARED BY JACK W. WERT TOURISM DIRECTOR APPROVED BY: JO Ep sc}IMi , bivIsio q ADmI IS To DATE JUN 2 2003 Pg. FIRST AMENDMENT TO 2003 TOURISM AGREEMENT This First Amendment to Tourism Agreement, made this ~ day of 2003, (hereinafter referred to as "First Amendment") is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "County"), and Evans- Klages, Inc., a Florida corporation (hereinafter refen'ed to as "Contractor"). WlTNESSETH: WHEREAS, the County and Contractor entered into a Tourism Agreement dated July 30, 2002 (the "Agreement"); and WHEREAS, the County and Contractor desire to amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: Section 2 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: STATEMENT OF WORK. The Contractor shall provide the following services. a) Visitation Trend Research (Zip Code Analysis) $15,000.00 b) Occupancy Survey of Commercial Lodging Establishments/Management Barometer $ 8,000.00 c) Value of Tourism Report: Economic Impact of Tourism on Collier County $16,300.00 d) Inquire Conversion Research/VisitorProfile $12,000.00 e) Will supply the County with monthly reports reflecting the statistical data collected and what the County's benefit is in result of the data. The monthly reports shall begin November 25, 2002 and shall be received by the County no later than the 25"' of each month thereafter. f) Focus Group Research $15,600.00 Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed thc day and yem' first written above. DATED: ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA By: AGENOA ITEM JUN 2 q 2003 , Clerk TOM HENNING, Chairman EVANS-KLAGES, INC. (~) Witness Signature Printed/Typed Name By: Print Name: Print Title: (2) .. Witness Signature PrintedFFyped Name Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA\Agreements\l '~ Amendment-Evans Klages JUN 2 4 2003 EXECUTIVE SUMMARY REQUEST BOARD APPROVE A LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT AMONG WCI COMMUNITIES, 1NC., HAMMOCK BAY OWNERS ASSOCIATION AND COLLIER COUNTY FOR LANDSCAPING ALONG MAINSAIL DRIVE. ~: For the Board to approve enhanced landscaping along Mainsail Drive, a County Road, and to assure adequate landscape maintenance for Phases 1 & 2 (Attachment #2). CONSIDERATION: At the Landscape Workshop held by the Board on September 5, 2002, there was a brief discussion initiated by a representative of WCI Communities, Inc. with respect to the issues of enhancing roadways adjacent to the Hammock Bay development. Specifically, WCI Communities, Inc. inquired about providing landscaping enhancements for Mainsail Drive and a portion of Collier Boulevard (SR 951). At the Workshop, WCI Communities, Inc. was directed to work with staffto develop the appropriate agreement(s). The Agreement for enhancements to Mainsail Drive is attached to this Executive Summary (Attachment No. 1). The Agreement permits the installation of a new curving sidewalk, lighting improvements, enhanced landscaping, and irrigation installation. The Agreement provides for future ongoing maintenance of all improvements within the County's right-of-way. The future owners within the Hammock Bay Owners Association will be financially responsible for the maintenance and future replacement of the Improvements for project Phases 1 & 2 (Attachment #2). The County has the right, under the Landscape Maintenance Agreement, to direct the developer (WCI) or the Hammock Bay Owners Association (HBOA) to make any necessary repairs or, if the County's direction is not complied with, to make the repairs and bill the developer (WCI) or the Hammock Bay Owners Association (HBOA). Further, the Agreement indemnifies the County from any action on the part of the developer or the property owners association that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. ( x..,FISCAL IMPACT: There is no fiscal impact as a result of these Agreements. All expenses associated with the improvements and the related ongoing maintenance shall be the · responsibility of the developer and the property owners association. .GROWTH MANAGEMENT IMPACT: None. AGENDAITEM No. , JUN 2 2003 pg. "~ EXECUTIVE SUMMARY - Mainsail Drive - Landscape Maintenance Agreement Page 2 of 2 RECOMMENDATION: Chairman to execute it on behalf of the Board. PREPARED B ' Paine :l~.J. Lulich;~SLA, Project Manager Altem~ ~ansportation Modes REVIEWED BY' v } ~\~a Diane l IgC, Alternative Transportation Modes Director APPROVED BY: ¢ E. Fe~r,~Cp~, Tra Norm nsportation Administrator Attachments: 1 - Lands~ca ~e Maintenance Agreement F_.xlu'bit A Landscape and Irrigation Construction Plans Exhibit B - Landscape Maintenance Specifications 2 - Map of Project Limit. That the Board approve the attached Agreement and authorize the Date: Date: AGENDA ITEM JUN 2 4 2003 pg. "~ _ LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND WCI COMMUNITIES, INC. THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of __, 2003 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, ("County") and WCI COMMUNITIES, INC., a Delaware corporation, whose' mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134 ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of certain tracts of real property in Marco Shores Unit One, according to the plat thereof recorded in Plat Book 14, Pages 33 through 38, inclusive, of the Public Records of Collier County, Florida kno;vn as Marco Shores and Hammock Bay (collectively the "Hammock Bay Property"); and WHEREAS, the Hammock Bay Property lies immediately south of Mainsail Dr., a Collier County right-of-way; and WHEREAS, Developer desires to improve the appearance of a portion of the medians on Mainsail Drive by installing landscaping and decorative lighting in Phases 1 and 2 at its sole cost and expense (hereinafter collectively referred to as "Improvements") as depicted on Exhibit "A" attached hereto ("Plans"); and WHEREAS, Developer ;viii not install Phase 3 until sufficient support from the Marco Shores community is exhibited; and WHEREAS, Developer is desirous of maintaining and replacing as necessary Improvements for Phases 1 and 2 for an indefinite period oft/me, at its sole cost and expense; and WHEREAS, the Marco Drainage Association, Inc., shall not be responsible for maintenance of the Improvements in either Phase I or 2; and WHEREAS, Developer shall enter into separate maintenance a~eement with Collier County for Phase 3 at a later date; and WHEREAS, County finds a public purpose for the beautification of Mainsail Dr. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Developer shall, with the participation of the Collier County Road Maintenance Department and the Collier County Airport Authority, complete the design work for the Improvements in accordance with Florida Department of Transportation standards. Prior to the commencement of installation of the Improvements, Developer shall provide three (3) copies of the Plans to the County. 2. Developer shall, pay for the costs associated with the installation of the Improvements and the work shall be completed by January 15, 2005. The Improvements shall be maintained and replaced as necessary by Developer, at no cost to County. Maintenance activities shall be in ac ~nrclam-e with the standard Collier County Landscape Operations Section specifications, as detailed in attach~ d Exl~i6ti[ND'A IIEM 3. If required by County, Developer shall obtain any permits needed fro Improvements. n Co~q ~r~ tl~}O3 ~> 4. Developer expressly agrees for itself, its successors and assigns, not to use Mainsail Dr. in a manner which would interfere with or adversely affect the traffic operation or maintenance of the Mainsail Drive right-of-way by the County or the public. 5. County may remove or order removal of the Improvements if, in the opinion of County, a safety or operational problem is found to exist. Developer agrees that it shall not be entitled to compensation for the removal of the Improvements. 6. Should Developer, or its successors or assigns, as the case may be, fail to maintain the Improvements in accordance with the County approved Plans, County may provide notice to Developer or its assigns, in writing, specifying the nature of the deficiency. Within five (5) working days of receipt by Developer, its successors or assigns, of the notice, such party shall cause the appropriate repairs to be effected, at no cost to County. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, County may, at its option, effect repairs to the Improvements itself, without the need for prior written notice to Developer or its assigns, and present a bill to Developer or its assigns for all actual costs incurred in effecting the repairs together with invoices. Developer or/ts assigns shall reimburse County for these costs within forty-five (45) days of receipt of County's bills. 7. Should the Collier County Department of Transportation require removal of all or some of the Improvements, then County shall provide written notice to Developer. Developer shall have five (5) to remove the Improvements or County may remove the Improvements and present a bill to Developer for the actual costs. Developer shall reimburse County for the costs within forty-five (45) days of receipt of County's b/Ils. 8. Developer or its successors or assigns, shall indemnify and hold harmless the County hereunder, from any loss or damages County may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs or judgments, including attorney's fees and costs of Iitigation, against them arising out of Developer's, its successors or assigns, use of Mainsail Dr. for the purposes set forth in this Agreement. 9. The County agrees to give Developer xvri~en notice of any claims files against County in connection with this Agreement within thirty (30) days of the date that County is aware of such claim. 10. Prior to commencing the installation of the Improvements, Developer shall obtain a right-of- way permit from County, which Shall address, among other things, the timing of the xvork, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that xvork is to be performed. 11. This agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida, and until the earliest to occur of either (i) the County implements any plan that modifies Mainsail Dr. or (ii) County determines that the Improvements cause a safety or capacity issue. ~ 12. In the event the parties hereto shall institute legal proceedings in conne, enforcement of this Agreement, the prevailing party shall be entitled to recover/ts cm reasonable attorney's fees, at both trail and appellate levels. 13. This Agreement shall be effective upon recording in the Public Record o~ollier CountT~ Florida, and the benefits and burdens established thereby shall insure to and be the obli ,~tlu, uf th~ paxd~s and their respective heirs, successors or assigns. The part/es expressly acknmvledge and agree that after installation of the Improvements the Developer may assign all of its rights and obligations under this Agreement to the Hammock Bay Owners Association, Inc. (the "Association"), which Developer intends to AGENDA ITEM incorporate as a Florida not-for-profit corporation. Upon written notice to the County at the address set forth above that such assignment has occurred, the Association shall assume and Developer shall be released from, all of Developer's right, title, interest, duties, responsibilities and obligations under this agreement. Except for the above assignment, this Agreement shall not be assigned without the consent of County. Developer also represents that no property owners in Marco Shores shall be financially responsible under this Agreement. 14. This Agreement constitutes the entire understanding between the parties and may previous agreements, whether written or oral, are superseded by this Agreement. 15. This Agreement may only be amended by written agreement of all of the parties. 16. Provided the installation of the Improvements has not commenced, County may terminate this Agreement at any time by giving Developer, or its successors or assigns, sixty (60) days written notice. 17. This Agreement shall be governed in accordance with the laws of the State of Florida. iN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first xvritten above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: - P,~nt Name: Print Name: WCI COMMUNITIES, iNC., a Delaware Corporation By: ~ Christopher J. Hanlon, Vice President COUNTY OF LEE STATE OF FLORIDA The foregoing instrument was acknowledged before me this,.~?f~d day of t....j~_/._G ~ ,2003, by Christopher J. Hanlon, as Vice President of WCI Communities, inc., a Delaware corporation, on behalf of the corporation, who is personally known to me. Notary Public "~ Print Name:.. ~/~) My Commission Expires: ..G~-NL)A t I EM JUN 2 q 2003 pg. ~' Exhibit "A" Mainsail Drive Hammock Bay Collier County, Plans Prepared for WCI 24301 Walden Center Dr:. Bonita Springs, FL 34134 "Landscape Permit Planting and Irrigation Plans" Prepared by Bradshaw, Gill and Associates Landscape Architecture and Planning 4337 Seagrape Drive Lauderdale-by-the-Sea, FL 33308 Available in Transportation Operations Department 2705 Horseshoe Drive South Naples, FL 34104 (239) 774-8494. AGENDA ITEM No. JUN 2 ~ 2003 Pg. EXHIBIT "B" RIGHT OF WAY GROUA'~DS NLAINTENANCE SPECIFICATIOHR These specifications are'intended to provide the in~%rm~ion by which private entities may understand the m/nimum requirem~ms of Collier County relative to '.ma~g C~uzity right-of-ways. R. ecords of ail specification requ/rem~ts shall be kept and made available to the County's r~resenta~ive upon request. A. MOWIN'G _AND EDGING Mowing and edgiug shall include medians as Hell 'a~ those areas, if existing, along the outside edg~ of tim sidewalks of adjac..-nt properties. Ail tuffshal] be mowed with tm,leben,.. IFpe mawr ~luipm. ent to el~te the need to bag an~i transport grass clippings. Should bagffiug be necessm-y, the bagged clippings shall be collected and removed at no additional cost Grass shall be cut at a height of three and one half b~ches (3 ~"). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edg/ng of the turf shall be done w/th each mowing along all sidewalk edges, back of concrete curbs, around ail plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees.. Metal blade edging is not permitted along plant bed and turf edges where sub-surface irrigation systems exist Mechanical metal blad~ edging is p~mitted along back of c~rbing. Grass root mc'rs extendiug into the mulched areas m.es, sprmlc]er heads, valve boxes; shrubs, sign posts, m,mh~les, etc. where they, exist A/1 debris on streets, sidewalks or other areas resutliug from edg/ag shall be removed. No h~'rbicide shall'Be used for ed~ng. All sidewalks, curb/ag and/or gutters shall be cleaned afl, er each serv/ce. All sidewalks shall be blown clesn, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accmnulate on rib_hr- of-way areas. - B. ~rEEDLNG Weeding of plant beds, sidewalks (asphalt, concrete or pavers), =~aardrafl bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free aud well maintained area. C. GENER_&L SITE PRUAqNG General site pnmiug sh~]] be defined as the pruning of any plant's foliage below a ten-foot (10') level. Ail groundcovers, shrubs, canopy trees and palms up to a ten foot (10') level; shall be/nspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heizhts for vis~ility, vehicular movement purposes ~nd desired shape or form as deterrained by County's representa~ve.-Pruning shah also include removal of water sprouts, suckers and any dead or d~seased foliage or branches. DurLug th~ first Week of October and A.pril, ornamental ~asses, such as Fountain .mass, Florida Gama or Fakahatchee _~ff~ass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-f6ur inch (24") height based upon the type of plant. Ornamental type grasses such as Liriope muscari ']Evergreen ~ant', shah only be pruned at the df-ecfion and approval of the county's representative Plant int.-r/al with a canopy over pedestrian or sidewalks shall be maintaiued at a m~;mum h'i~ - twon inc e ~ ,, . - - ~ t ofon~hundr~ ~ ty h s (1_0). Shrubs and sroundcovers ad, ac'hr to ~,~*.~=~-- -- -' ....... ~ ~ , - ~ - r ..... ~ uZ 51clewalK~ Si/all )e ' ' e fO (])of clearance from the edge of the pathway. It is recomznehded that adjacent s~.%~rs ~I maintained so th=t they angle or are rounded away from fl/e pathway. "' ~ ~ ~ .... 3UN 2 2003 pg. ~ LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) D..TR_~IE REMOVAL With each serwice, all site areas shal/be cleane~ by removing ail trash or debr/s to include, but not be lira/ted to; paper, bo~les, cans, other trash, and horticultural debr/s. All. debr/s Or trash pick-up shall be performed ~rior" to mowing m The disposal of all trash and debr/s m-~t be at a proPer landfall or d/sposal site A four-foot (4') w/de area measured from the face of the curb and gutters including tuna lanes st~ll be cleaned w/th each site selwice to remove any accummllafion ofdebr/s or objectionable growth so to maintain a neat a=d sa~e condit/orx F.. TRAFFIC CO/~rTROL The Develooer shall comol¥ wi~ ~he rg..qairements of Collier Coun's Maintenance of Traffic (MOT) PoI/cv. co~ies of C~~g]I~~L. ~ the R/sk:Manaeem ..ent.. or Pu~chasin, Devartment_ Th~ Develover shall obta' · Count5, MOT ~ol/cv r* ..m~em. ents rmor to submttmq a b~d ' m and renew the The De~eloper .will be responm'~le.f~r ~b.taining copies of al/.reqmred man.ua/s, - ,M~. ;~D, FDOT Roadway & Traffic Design Standards Ir~dex~s, or ~ther ret[ted' doctrments, ~o to becd/ne fa.m/t/ar w/th the/r requdrements. S~-/ct adherence to the requirements of the MOT policy will be enforced under this Contract To ass/st/n employee v/sfb//ity; approved br/ght day-g/ow r~d/orange colored safeV vests shall be worn by employees when serf/ting the area. G...CANOPy TREE A.¥D P.~Lh~[ PRUhq~"C For ~s site, c~opy ~ees s~a!! be de,ed as ~y l~e s~ab, ~ee or pa~ ~ foliage above a ten-foot (10') level ~ c~opy ~ees ~d ~& s~ be pried on a con~uo~ bas~ to create ~d m~ a segenteen-foot (17') c~opy cle~ce over ~e road~m~ ~d a ten-foot (10') c~opy cle~ce ov~ ~ pa~ways. C~opy ~ees ~ be se!ec6vely p~ed ~Sce per yc~ ~ Apffi ~d S~temb~ so to ~ ~e ~refior c~opy of~oss bmc~g ~d to shape ~e c~opy ~e ~ees. ~e Co~'s representative sh~ approve a professicn~ lice~ed to pine Wees ~der ~e ~ecfion of a Licemed ~cape ~Mtec~ ~bo~ Tree S~geo~ or o~er approved professionM sh~ do ~e p~g ~d shying. ~e work sh~ b, peffomed p~ ~SI ~00 "Storied Practices for Trees, S~bs ~d ~er Woody PI~t Ma~ten~ce" ~d done ~ a profession~ m~er ~ accord~ce ~ ,~g Smd~&" of ~e Nafion~ Asso~afion or acc~ted local ~ade smd~ds and prachc~s. P,~.sh~ be ~d ~u~y d~g I~e of each ye~ ~e a . ,, o cmc~ ~ P ~sh~be ~ed , - "(3) o clock ~gle ~om ho~nt~ at ~e '' .... P to a Tropic~ ~f or to a ~e 9 ~- a ' o~e or ~e pa~ s bud or lowest ffon~ Aopro~at~ sewn ( ) ~ff~n(10~cn~on~sh~bele~ t~eheada~pme ~__ . , .,. ' - ' '~ ~ (7) u~u~ or aeaa ~d low-r ~on~ =- = Ping snan mctude remov~ of aH nuB, seed ~e work s~ be done ~ a professional ~er ~ accord~ce ~ acc~t~ble mdc smd~ ~d prac5c~s. ~ sha~ not be c~bed ~ ~ee ~es to remove ~e 6on~. ~e p~g sh~ be acco~shed b7 ~e ~e of a Iadder~_ boom ~ack or ~ ~ deb~ ~om ~e ping sh~ be removed ~d ~e site shah be le~ ~ a :le~ No. JUN 2 2003 P-2 Septe~aer 7,2001 Pg.. LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) Yv"nen the annual or bi-annua/heavy pruning .work is being performed ~v/th the use of a Ii~ or boom truck; it is required that ~e adjacent traffic or ttu:n lane to the work area, be closed using/raffc control devices and signage per the ma--rent F.IS.O.T. ~'affic control standards and indexes. H..,FERTILIZATION Gran~ar fertilization of shrubs and groundcovers shah 'be applied by hand in a. twelve-inch (12") w/de tad/us ting a~ound the base of the plants. Granular ferd//zat/on of the Trees and Pa/ms shall be d~'termined by the caliper (d/ameter)' of the trunk and broadcast by hand ina band around the plant's base from a d/stanc'e'of- 12,, to the drip Ene of :he palm, wherever possibl~( ' ' and pax-ing sp ~ · All fertiliz~-r shall b- sw ......... ~ ne; - ~ .pt ozzaa smewalks, concrete curbing The fertfl/zer shah be applied as set forth in the follow~ng schedule. TurfA.reas and ?lantBeds contamano Shrubs roundcovers and Trees The pplied at a ate ofte pounds per o= tho and ( 000 sq. are . applisa6ons of(I3-~-13) fertiI~'e~'Wi~:.~6 applied yearly du~§ the months'ofFe~ruAry, May, 3uly, and October. Four Palms Developer shah apply approved by County's representative palm fertilizer during February, May, 3uJy, and October as specified below. Should yellowing occur on t~e top fronds, manganese sulfate will be required and if on the lower fronds, Sul-PoiMag or equdvlalent will be required to be applied w/th the palm fer~izer at the rates specified. Areas ~.ith no mulch or new plant/rig areas shall have rn~ch placed to provide for a four/nch (4") non-compacted or unsexed depth measured from the existing so//grade. The area to receive the mulch shall be r~ed level to establish the proper fin/shed g-fade and have all weeds removed prior tO the placement of the mulch. Two/nches must be appi/ed to replen/sh th/s mulch tw/ce a year, dur/ng November and dur/ng May. ~r. _LA2~E CLOSU'RF, Lane closure for reed/an maintenance shall be bm/ted. Upon proper placement of lane closed signs, pre-warning signs, ~rzow boards, ~"afibc cones etc., the lane n~ybe res~cted from ~'afibc only dm'lng non-peak traffic periods 9:30 A.M. - · 3:30 P..M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the County's r'~presenta~ive. lC/]{R/GAT/ON SYSTEM~ The in-/gat/on systems shall be checked and r~aired as necessary. Each zone shall be manually turned on at the va/ye once a week and a thorough inspect/on conducted to ascertain proper operat/on of the syste~ Quick coupling va/yes,/f existing, shall be rev/ewed wee~y and operated quarterly to insure pr. oper operat/on. Mainte fi/rets and backflow vrev-nt-rs ,,~ ........ ~ .... s filters to insure i~uace ' JUN 2 2003 Septeznber 7,2001 EANDSCAPE .MAINTENANCE SPECIFICATIONS (Continued) PVC p/ping breaks or subsurface p/ping or restricted sprinkler lines, replacement of ~maged valve boxes/lids and adjustment of controllers and rain shutoff switches for settings and operation. Where required, the Developer shall maintain on site reclaimed water ~igation siguage. .S. u6surface InS~ation Svstcn~q, No excavation or mechanfcal metal blade edg/ng arotmd plant beds shall be done with/u the Pdght-of-way. Mechanical. meta1 bhde edging is perm/ired a/ong the back of.curbing. Weeldv Sendce Reauirements: 1. A visual inspection of. the subsurface in'igation systems shall be performed wee~y t6 determq~e if the systems are functioning normall~ and if cuts, leaks;-pip'ing damage, flooded areas exist,' a~.d repair as necessary. ThLs shall also include review and re-setting of the 'controllers and in-ground moisture' sensor adjusmaents or other rain sensing devices as needect 2. System Conmuter / Controller a. Opera .r~ adjust, and set controller to provide proper operation of the systems. b. Diagnose and r~pair e.le.ctrical and mechanical malfimctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. cL Operate controller on automatic, manual and single trip operafiom e. Monitor c0nt~.oller .standby battery backup and. replace as requLred. 3. Automatic Control Assemblies and Quick a. Review control valve assembly and by-pass sysiem ~or proper Settings. ' ::' b. Open zone control valve ~sembl/es and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. 4. PLu~m Sites a. Inspect for proper operation. b. Tn~ Developer shall record and proxdde to the County's representative the well water flow meter readings for the two well locations on the Genera/MaSntenance Report Sheets. 7. Rex,dew system water source connections to include wat~ m-*-,~ back'low preventers, gate valves, points of connection and main lines for proper operation. Monthly Serv/ce Reouffements: 1. Automatic Control Valve Assembl~ a. Manually operate valves, and clean valve assembly filters. 2. Baclcfiow Assembly a. Review assembly for proper operation and clean filters as needed. 3. Qu/ck Cou~I/n~ Valves a. Review boxes and operate valve. 4. ?uam Sites ~ Once a month, the Developer wi//trouble shoot each pump. station, checkSmg arrmerage draw ~ud docmment the results for future ref~ence - b. Marma/ly nm the system to ensure proper coverage and that no sprinkler heads and nozzles are ~ray/ng onto the roadway..Clean and adjust sprink/er heads and nozzles and irr/gation sk/elds to ensure proper coverage. c. The Developer w/Il cheek al/zone wSwhg and solenoid cond/r/ons through tk document the res.u, lts £or future reference. The Developer will clean the s~-ain,r ~.fi/ters and/nspect them for wear at Pump. S: September 7,2001 JUN 4 2893 Pg. _ LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 5. Manually ran the system with opm flu~'h caps and review Sl~lder head indicators located the end of zones. 6. Kev/ew pressure gaUge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping/s functioning properly. 7. Check, analyze and adjust flow control devices as' require& Quarterly Service P. ecruiromonts: .. ' . . m 1. Kev/ew all subsurface sys%e .m piping, vai~e assemblies, w/ring, mo/sture sensors.and controllers for overall general operation and provide adjustments as required to aisure proper operation and irrigation application. Conventional Pov-um Irr/_~ation Systems: Weekly Service Reouirements: 1. Each median zone shah be manually, turned on at the. valve to ascsu'min proper ops`ation of the syst~nz 2. Repair s~,stem for any bloVy_n-qffheads, broken lines or-leaks around head~ or valves. · - ..:. r, : 't "';'-' 3. Check the controllers and rain sensin§ devices for proper operation and settings. 4. The Developer shall further adjust all ~.-pr/nklers heads to ens,~re that ail landscaped areas receive one hundred percent (100%) irrigation c6¥erage. 5. Within all work areas the Developer shall reyiew the plant material and tuff for dry conditions and if found correct the problem. Monthly Service Keauirements: 1. Manually run the system, clean and adjust sp~n!~ler heads/nozzles and concrete donuts as necsssary to ensure for proper cove. age and that there are no sprimlder heads/nozzles spraying directly into the roadway. Each median and side r/w zone shall be manually turned on at the valve to ascertain proper operation of the Repair system for any blown-offheads, broken lines or leaks around heads or valves. C. Check ~s controllers and ra/n sensing dev/ces for proper operation and settings. D. The Developer shall further adjust all sp~nkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. varirhin all work area~ the Developer shall rev/ew the plant material and turf for dry conditions and if found correct the problem Gene, al Serv/ce Reou/rements for Irr/_~ation Systems: P-5 September 7,2001 AGENDA ITEM No. JUN. 2 4 2003 Pg. '~._'3-- ,) LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 1. Should South Flor/da Water Management District or other govern/ng agency establish water restrict/om, the ir:/gation systems shall be inspected and all controHe~ set to the mandated hours of operation set by the D/strict or Agency. Subsurface systems are exempt fi.om water restrictions. o Kep]ace defective heads or nozzles, imtall or replace defective riser~ and rePair minor breaks or restricted sprinkler lines. 3. Replace damaged valv'~'boxes/lids/f caused bY the Ma/ntenance Developer. 4. Ira-peet, c]¢au and replace, ifnecessary,"/c~een/fikers w/thin the spr/nkler h~acls. ". $. Keep all grass and mul~h out of all v~l~e. ~oxes. Ali valve boxes in sod areas are to be k~pt at sod level. All valve boxes fi: plant beds are to be kept two inches (2") above finished mulch level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100%)access~le. 6. One hundred percent (100%) in-/gafion coverage shah be maintained w/th~= ail irt/gated landscaped ar~as while this Conu'act is/n clx%ct - 7. Notification to the Co~m~y's representative/s requ/red when acts of vandal/sm or accidents have occm-:ed to the /rr/gation. system. Photos shall be taken and provided to the Coun/Y"s representative at no added cost. · +~.~...;.., : .,. . ~ , :;. MISCELLANEOUS IRR/GATION M_~INTEN. ANCE R]ESPONSmlLI;z'iE,; l. Should the te~era~,.u~e be forecast to be below thi~'Ty-four (34) degrees, the Developer shall be responsible for turning the irrigation system offin order to protect plants from poss~'b]e freeze drainage. tt shall be +J/e Developer's responsibility to noth=y the County's representative of any in'i'gation problems or additional irrigation maintenance needs. · The /n-/gation service personnel must ~roubie shoot time clocks, i.e. power-in 1i0 volt and 24-volt fuses, 24 volts output when necessary. The irt/gat/on service personnel must trouble shoot any pump start relay, main 5.~ses and capacitors when necessary. L. BRICK PAVERS AIl median brick paving shall be presSUre cleaned twice per year, in April and Now'~aber, to remow m~-ks, ~ and other dirt that*may be d~"posited on the surface areas. Upon finding damaged areas, the Deve]op~ shah clean-up dcbr/s if present, and/or flag offthe areas w/th protective bare'ers and/or kigh vis~/1/ty hazard tape. Damaged areas must be repaired as qu/ckly as possible. M..P. est Control Trees, Palms, Shrubs, Crroundcovers, and Sod must be closely monitored for pests and d/seases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representa, ~ AGENDA ITEM No. JUN 2 2003 September 7,200] pg. -i S.R. 951 AGEND,A ITEM N,,-,. ___._~...~.'~ ~ J UN 2 4 2003 MAINSAIL DRIVE PHASE LINES EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR THE LANDSCAPE MAINTENANCE AGREEMENT WITH AMERICAN FUNDING AND SERVICE CORPORATION AS TRUSTEE FOR THE FUTURE LANDSCAPING AND MAINTENANCE ON HEMINGWAY PLACE. OBJECTIVE: To request Board approval for the landscape maintenance agreement with American Funding and Service Corporation as trustee for future landscaping and maintenance of the fight of way perimeter and medians on Hemingway Place, a county road. CONSIDERATIONS: American Funding and Service Corporation as trustee, with Keith Basik, President is responsible for the installation and all future maintenance on county road, Hemingway Place, according to the Agreement. The Agreement permits the installation of enhanced landscaping and irrigation installation and improvements as indicated by the plans (See Attachment #1). The Agreement provides for future ongoing maintenance of all improvements within the County's right-of-way. AFSC is responsible for all construction installation cost and AFSC and the Association will be financially responsible for the maintenance and future replacement of the Improvements for the improvements. The County has the right, under the Landscape Maintenance Agreement, to direct the developer (AFSC) or the Association to make any necessary repairs or, if the County's direction is not complied with, to make the repairs and bill the developer (AFSC) or the Association. Further, the Agreement indemnifies the County from any action on the part of the developer or the property owners association that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. ~','-FISCAL IMPACT: There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the landscape maintenance agreement with American Funding and Service Corporation as trustee, with Keith Basik, President for landscaping installation and future maintenance along the right-of-way at the entrance of Hemingway Place. l~amela ~lich, AS~_~roject Manager, Alternative Transp°rtati°n M°des APPROVED BY:. ~ I~i,. DATE: Diane Flagg,.~Altemative Transportation Modes/MPO Director __ AGEN[2JA ITEM.-.) No._ '"j--~_ ~ JUN 2 q 2003 pg_ '1~ Executive Summary Landscape Improvements wi~laSln the Right-of-way at "Hemingway Place" Page 2 of 2 Norma7/~. Feder, AICP, Transportation Administrator / Attachments: No. I - Landscape Maintenance Agreement Exhibit "A" - Right of Way Grounds Maintenance Specifications Exhibit "B" - Landscape & Irrigation Plan No. 2. Trust Agreement Affidavit Exhibit "A" - Land Trust Agreement DATE: AGENDA ,I. TEM JUN 2 LANDSCAPE MAINTENANCE AGREEMENT THIS LANDSC:MPE MAINTEN-MNCE AGREEMENT (hereinafter referred to as the "Am'cement") is made and entered/alto this l ~ day of ,,,," 7' ... 2003, by and between CI~LL1ER COUNTY. a political subdivision of the State of Florida (hereinafter refer'ed to as "Count"') ~ hose mailing address is 3301 Tamiami Trail East, Harmon Turner Building, Naples, Florida'34112. and AMERIC.kN FUNDING .aND SERVICE CORP., AS TRUSTEE OF LAND IRt'ST NO. 330 (hereinafter referred to as "AFSC'), whose mailing address is 720 Goodlette Road. Suite 305, Naples, Florida, and ItEMENGWAY PLACE HOMEOV~.~ERS ASSOCIATION. INC., a Florida not for profit corporation, whose mailing address is 720 Goodlette Road, Suite 305, Naples, Florida, (hereinafter referred to as "Association.") WHEREAS, ASFC m~d Association desire to install landscape improvements, and to maintain said landscape inqpro;ements, witNn that residential development known as "Hemingway Place," and to install landscape improvements, and to maintain said landscape improvements, within the public right-of-way at the entrance to Hemingway Place: and WHEREAS, installing and maintaining said landscape improvements in the pubiic rigi~t-of-way is in the best interest of, and provides a substantial benefit to. the generai public. NO\V. THEREFORE. in consideration of the promises and covenants between parries, the benefits to be reaiized by the parties, and other good and valuable consideratiuu, die receipt and >u£rciency of ;vl]ich is hereby mutually acMto;vlcdged, it aureed by the pm~ies as follu'x s: i. .4. FSC has. at its o',~ n expense, compieted the design work ~br thc Iandsca'oin=. inciuding hTigat~on lines and drainage facilities, in accordance with Florida Dc:~artJaci~ o£ 1-ran>po':tati,'n sta:ldards, for ~l~e tnedian section of the ngi~t-or'-x~ ay. 2. AFSC has installed landscaping in the medians along Hemingway Place and has paid tot' all costs associated with the project including consn~2ction and installation. AFSC and A>sociation shall be responsible lbr maintenance of said landscaping..Maintenance actixities shall be in accordance ~ ith the standard Collier County Landscape right ofv,'ay specifications, as detailed in the auached ExNbit "A". .&FSC and Association expressly' and collectively agree not to use the public right-of-',~ a5 in any mare',er, x~ hich would interfere with or adversely affect the tral]~]c operation or maint'ena~',ce of HemmL-'way Place, 14e~ Street North or Cypress~ ood Drixe. 4. Should AFSC and, or Associanon t~il to maintain the improvements m accordance with Count.',' appro~ ed plans and specifications, the County may provide notice to AFSC and or As>ociation in writing, specifying thc nature of the deficiency ii1 maintenance. Within five (51 ~ orking da.ss of receipt of such notice, AFSC and. or Association shall cause the appropriate repairs to be effected, at no cost to the County. In the e~ ent dmnage to. or failure to maintain, the improvements results in a situation where public safety' is at ask. the County' lnay, at its option, effect repairs to the improvements itself, without the need for prior notice to AFSC and / or Association. and present the bill to either AFSC or Association for all actual costs incurred in effecting the repairs. AFSC and / or Association shall pay fl~ese actual costs to the County within thirty' (30) days of receipt of the CounD"s bill. 5. ~.FSC. as it pertains to initi:d construction and maintenance as Indemnitor hereunder, shall indemnify and save harmless the County as Inderrmttee hereunder, from any toss or dmnages Indenmitee may suffer as a result of claims, suits, demands, losses, tikes, penalties, interest, expenses, costs, or judgments, including attorney's fees and costs of litigation, arising out of A.FSC's use of the right-of-way for the purposes set forth in this Agreement. Association agrees that upon turnover of the development to the homeowners, it will assume this obligation to indetnmfy and hold the County harmless tko:n all claims, costs, and damages, etc., resulting from or arising out of the Associatit,n's use of tine right-of-way as cc. ntemplated bF' this Abn'eemcnt. ~,GENDA ITEM JUN 2 q 2003 Hendngway Place Landscape aa~d Maintenance Agreement (cont'd.) Page 2 6. lndemsfitee agrees to give indewatitor ',vntten notice of any claims filed against the County in cotmection with this A~'eement within thirty (30) da3s of the date that the Count,,' is aware of such claim. Prior tu ¢onunencing work on any improvements contemplated by tlfis Agreement. AFSC must obtain a right-oF-way penmt from the County ahich shall address, among other things, the timing of the ~ ork. maintenance of traffic flow during construction, and the permissible lane closures, if an3', during the time that work is performed. AFSC shall be responsible tbr having permit duly executed by .4anerican Funding and Service Corpora:ion as Trustee. S. Tills A~eement silall remain in full Ibrce mid effect from the date it is recorded in tile Public Records of Collier C;~unty, Florida and until tile earliest to occur of rather (i) the County implements tony plan that modifies Hemingway Place, or (ii) the Count> determines that thc imp:ox emen:s cause a safety or operational concern. o. This Affeement shall be eftkctive upon recording in the Public Records of Collie:' County. Florida. and tke beaefits and burdens establisi:ed hereby shall inure to and be :lie obligation o£:h,3 purees and then re?cctv\ e heirs, success<,rs or assigns. 1 ~). This Agq'eemen: constitutes lite entire understanding among the parties and an3 '?rex ious ag:'eemcnts. '.vhet!~er written or oral, are superseded by this Agreement. i 1. ]'his A m-ye:non: may only bc amended by whiten agreement of ail ?units. Provided [i,.c insraAation of Lndscapmg has not commenced, thc County terminate this AL:a-ecment ar an)' time by .gl', ing AFSC sixty (601 days written notice. 13. ct' Fierida. I'his Agreement si\all be .?x creed in accordance with :he laws of the State IN \VITNESS \VHEKEOF. ti'~c pm-ties hereto ha,.e caused these presents to be e×ecutcd b> tl:cir dui>' author/zed officers and their official seals, hereto affixed the da.,,' azM >ear th'st ',x ritten above. DATED: AI'TEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL By: Tom Henning, Chainnan .~MERiCAN FUNDING AND SERVICE CORP., A FLORIDA K-~th~sident, American Funding and Service Corp. AGENDA ITEM,~ No. J U N 2 tt 2003 pg. Hemingwav Place Laz~dscape a~d Maintena:lce Agreement (cont'd.) Page 3 (Print name) HEMINGWAY PLACE HOMEOWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CO RP...OIL~kT1 ON By: -- ~ ~..~residen[ Ellen . Cl:adv, ctI .-\.~b~stant Coant2, Attomc' AGENDA ITEM NO. -~--L'- i ~ JUN 2 h 2003 RIGHT OF wAY GROL~'DS M-a~', .-TENA_'gC]~ SpECiEFICATIO.XS i!-:,sc ~ez~czr. on.~ ace :.nrezi-..~. :o prc~id~ :ha :.nSe--,'n~no= by wkich .:xvzt- =:mti=s may 'mad=zs:a:d th,= minimum A. ~O~G ~N~ EDG~'G Sho~d bahama:= = ~e n:c~s:~O', ~ bz2~eg :~pm~s s~ be co~ct~d ~j r~mev~d at no ad~o~ cos: 3:~s ~l~aE b~ _az: mc~m~ along ~ ~id:w~ ~dg~s, back of ~oncr~:e ~-bs, ~-c~d aZ pl~t be~, u~q.' s::.::~ bzxes, ;rss: l~: bas~z, z:~ ~csm, k:adwal~, ~&~, ~:r pedzs~, pes,~ and ~:s. cz 31=: ar:as rss'~g 5om tig~g :hzl ~e :~mz.'.'el No herbicide shail Se used for edging. B. %Tile DLXG C GE_X-ER_eL SiTE PRI-iXTX'G AGENDA ITEM 1 No JUN 2 2003 LANDSCAPE MAINT--NANCE SPECIFICATIONS (Continued) D. TR_&$H KE.MOV.-~L bord:s, sa.r2, o~er =~sS, z=d, ho:-ic';2r.x-al iek.'Ss. _:2 5=b~ or Wash pisk-up shall be p~,,~2o~ed "~rJor" ro mcu~mg m E. STRI;ET CLEAN-D,'G/S~'EEPD,'G F.. TRAFFIC CONTROL available To zs_<ist m :m~io}':= -,ssi?ih::,' z.s.-_r~vsd bngh: iz','-:l:* :s,:,3:a.n_:e csior:d sa:sty yeas ghaZ be wo_'__ 'sy ~.m?b.v~s where e~.'ismg :!.s ::sa. G. C.~XO Fi' TRiE eXD PALM ?-£ AGENDA ITEM JUN 2 q 2003 LANCSCAPE MAINT--NANC,= SPECIFICATIONS (Cont hued) Et. FERTWLIZATION 'Fac t12-3-13) £Z2"~er sha~2 be appli_~5 at a r--*.e }f:,~: ,..l 0) ?o,,:n& per one tho~and !'-S00' sc.. ~ ."or xZ ~z~s. Four appiisa::o: orr ~ J-_"-i2] £~2:z.': ':/2i 'Ss aFpEed ;, caziv 5'z..-mg due msn-..hs o£Y:b.-'a~'~, ',5-,,. :u!v, and Z:t>bzr D:'.'~icF:r zha2 a_:7;y appro',e~ ~5' ff:,'~u--y's :-~pre:.:n:2_q,.': ?aL~ 5:.."--fiizer du,-rog FeS:"zz_-.., M~_}, fuji,'. ~md 'Oztob~l- L J. L.~",-E CLOST_U-LK K. KD-x~GA2r~_0.N- 5¥_~TEMS AGENDA ITEM,---~ No. JUN 2 20O3 Pg. '~ LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) Subsu;-fi:e Lmeado= Pagkt-of-way. Mes~ca~ ms:sd blade sd=~mg :s pet-w-ztt=d &long :he bask of c,~bmg. _, :.:~ua2:. :7:r::= ' 2l'.'~-z. zz.f. :::x: ',al'-: z:::::'::) fi]t-~r;. 3. _-'m:): 7.'ur)m.~ £e.:,:-"~er ' , 2':£ 1 No, ~%t__ _. - J U N 2 ~ 2003 Pg. ~ LANDSCAPE :VIAINff'ENANCE SPECIFICATIONS (Continued) Cer:v~nnon~_'. Per-'.:'= L"r:~aion AGENDA ITEM JUN 2 ~ 2003 LANDSCAP=_ MAINTENANCE SPECIFICATIONS (Continued) Ke:p zl grass ~.',d m,'ich out of all v~ve hexes. )2 vMve boxes m sod ~cas ~, :o b= k=pr ar sod ic'. :i. AH v~,.e boxes m pi~t be~ ~-e :o b~ kept ~vo ~ches (2") ~oov* ~hed m~ch level ~s:de of aH vaN'* }oxes shah be kept cle~ ~d ~e valves shah b~ kept one hm~ed vercem (100%)aczessfu[~. 5~s ~c'n~az: is m ~"e~t ' x...gadoE sit:em. Photos ~hzl be taken :md pro~id.~d :o :5= Cotmry's re?res~nmuv~ a: no ad.5:d co~t plants 5rom possfo!'. L. BRiCK 7-5 AGENDA ITEM JUN 2 20O3 Pg. '1-1 Hemingway Place Attachment 1: Exhibit B- Hemingway Place Landscape and Irrigation Plans Available in Transportation Operations, contact Pam Lulich (239) 774- 8494 AGENDA?TE M -- JUN 2 ~ 2003 TRUST AGREEMENT AFFIDAVIT State of County of Before me, the undersigned authority, personally appeared, Keith Basik, who, upon being first duly sworn, deposes and says as follows: 1. Affiant is the President of American Funding and Service Corp., a Florida corporation, Trustee of Land Trust No. 330, under the Trust Agreement dated , ,~ /.-*,L/ ,.,',~'~' , pertinent parts of which are attached hereto and made a part hereof by this reference as Exhibit "A". 2. Affiant, as President of American Funding and Service Corp., a Florida corporation, Trustee, of Land Trust No. 330, has full power and authority, on behalf of said Trust to enter into a Landscape Maintenance Agreement with Collier County, a political subdivision of the State of Florida. 3. Affiant affirmatively states that no contrary power or restrictions appear in the Trust document referred to herein. 4. Affiant affirmatively states that the Trust referred to herein has been and is in fuji force and effect. 5. This affidavit is given to induce Collier County, a political subdivision of the State of Florida, to enter into a Landscape Mair't=~nance Agreement with American Funding and Service Corp., a Florida corporation, as Trustee o[ Land Trust No. 330. Further Affiant sayeth not. American Funding and Service Corp., a Florida corporatioj:~:T_..~n:~tC?;:- BY: _.-Keitf~Ba-'~,l Sworn to and subscribed before me this E¢"~ day of L.!.i,.,?X'., ,2003, by Keith Basik, President of Americ. an Funding and Service C:rp.. a Fiorida co?poration, as Trustee of Land Trust No. 330, who: ~s personally kno~.~n to me OR __producea ka~x no~nal sea,) as proof of identity. ¢ ; (SignaJ~'e of Notary Public) (Pnnt Name of Notary Public) Serial / Commission # (if any): My Commission Expires: ~'.Z~'-~; Trust Agreement A~cav,t AGENDA Pg LAN'D TRUST .AGREEMENT TI-ElS LAND TRUST AGKEEN~NT, Number 330 dated March 30,1998, by and be:ween ANFFRICAN FU%-D,.~G, A FLOKIDA CORPORATION UNDER TRUST AGREENfFNW herea~er called the "Trustee" which desi~qation shall include all successor trustees, and ANI]ERIC.,-MN FL~'D/2'4.G, ,~N'I) ELODOI:L~.DO BA.N,-K CFBO GARY WEAVER, IRA hereir, af'ter called the "Beneficiaries". WITh. TSSETH e, Z4EKE..3. V'~tq~ITTEN'BERG DEVELOPN~NT CORPORATION ',,,iii convey to the Trustee. as Trastee '~d:r :his a~eement, dated March -J O : 998 ti:lc to the prop:rt~.' in Coliier Cou.'-.E.. Fierida (herein :ailed the "Prope."ry"): more ~i1'.,' described as -l-p,e East !-:13 feet of Lot 72. NAPLES ~L=R.O\'-EMENT COMPA-X,%"S LITTLE FATLMS. ex:opting sherefrem Pd~q:-or'-'x ay, according to Plat Book ~ Page 2, Public Records o:' Collier Cc~nb'. F:ckda. Wiq.=EREAS. when C':e 7'.-'as:ce ~aLes title to she Property., or :o any other pro?e.~-D' conveyed to it as Trustee ~der this .4._~e:ment. it will hold the title, m trust, for the uses and Fro-poses and subject tc f.'2: ce..--ms and conditions as hereinafter set fo.'-t2q: ~, ",VP~.-KEA. S, i: is the 5zrther Lnten: of Trustee to take title :e ~.e Proper't).' in ac:oldance with she provisions of Se:lion 689.07!, Florida Statutes: an5. Wi'-EEKEAS, ;b.e Trust :rea:ed by 5q:s mst:~o, ment shall be },:no,a,'n 5or all purposes as LAN-D TRUST Num..bet 330. NOW. T[~.KEFC.KE, Ln consideration cf the mutual premises herein contained the ?attics heieto a~ee as follows: Pro'~,errv. Ti:Ce :o me Pro.zen.,. snail be zonveyed to the Trustee an accordance v.'i~ the rigkts ,of:he panics to '~ne extent applicable, set fo:& Lq section 589.07!, Florida S~atutts. l~.e Trastee a~ess to acc:pt '.he deed to tine Proper't5' ar, d :o cause said deed to be recorded in the Public Records of Collier Co:mb', Florida, anal :o hold title to '&e Prope:'ty for the uses and purposes herein rated. The Beneficianes'shali advance to the Trustee ail monies :equired by tine T~stee to record said deed including, but not limited to, ail appropriate doc'zmentary starr, o :axes. The Beneficiaries may not dedicate or cause an)' other pro?et-q:' .'.o be conveyed to the Trustee under this Trast Agreement 'unless the Trustee zonsents hereto in writing. Should other ?rope,wy subsequently be cons eyed to the held by the Trustee pursuant to this Tust A~eemer. t, tee term "Pro?et'fy" as used herein shall mean a.'!d refer to all AGENDA ITEM No~ ?ce.retry, title :o which is heki by ~e Trustee pursuant to this Trust A~eement. ~nis Tr~l A[reement is identified as ~e LAN~ TRUST N~mber 350 ~ted :he __ day of LL~RCH. 1998. _. Value of Purchas=: The p ,ur:hose pr/ce of said proper'o.' is S9--t5,000.00. 5. Names. addresses and Interest of initial Beneficiahes: ia) T'ne following is the Beneficiaries oft. Ms Trust. and such shall be entitled to ail of the earnings, and proceeds of the rmst property accordLr, g to tine percentage interest set forth opposite its name: NA%fE OF BENEF!CL4. RIES ~-IT[~.L iNiEi%EST IN TRUST AM_RJ. CAN ELDOR.A. DO BA.XJK CFBO- GARY 50% 50% res?ecring the t:-ust ?roper':'...'. Power to dire:t the Trustee to deal with title :o tine Property., ',s hJch posse: shah include, but is not limited. ;o, directions to me ir~tee tc execute deeds, l:ases, mortgagees, promisso~ neLes mad ail other instruments relating to the Property, However, Cqe Trustee shall have no individual liability wF, atsoever nor shall the Trustee be reqmred to fi.u-n/sh an)' '~arr, anfies the would resuit in any indi,.'[dual iiabiiiD' in regard :o 5-.¢ ~xeJufior. of any suck instrmmer:ts. ,'2 ~ ?ex~er to mamage, possess, usc and con:roi the Property. .'%~'u to tee:rye -Joe earnings, avails and proceeds from leases ,_..nj o~er uses and ~om mortgages, saies ~c/, other dispositions :,f ~.e ProTenV. Enjo.',wnent of ail ri~ts and privileges regarding '_he Prope~? as ~! Ln~ Bene~ciaries ',,,'ere the legal and equitable owner of the Such ng2:.ts ?ewers. as ,,,,'ell as '_kc interest of tEe Beneficiaries under this Trust .-X~F:reement. shall be personal property. The Beneficiaries shall not 1,.ave an)' r!~qt, rifle or interest Ln o: :o :my portion or-the legal or equ/table title :o the Propers.', If the Beneficiaries are ;mdividua!s. the death oft. he Beneficiaries (or :my of the persons contained ha '..he term Beneficiaries if more than one person si~s this Trust Agxeements as the Beneficiaries) shall not terminate this T~ast Agreement or the ~,ast created hereby or affect the rights or powers of,he Trustee or of the Beneficiaries except as provided by law and the interest of the Beneficiaries of ~nis Trust A~eement, ?ass to his;her personal representative and not to his devisees or heirs at z. Obiects and P'arposes ofTrast. Z~ne objects and purposes ore, is Trast shall be to hold title to the Property until its sale or other disposition or liquidation or until tine expiration of this Trust Agreement as provided in paragraph 14 below. Beneficiaries Manage a.nd Operate Trust Property. The Beneficiaries shall have the sole possession, management and control of selling, renting, repairing, maintaining and handling of[he Prope,~,:ry, and the Trustee shall have no ,,-ight or duD' Lq respect 1o s'~ch matters. The Beneficiaries shall and does hereby !ndemnify and hold the Trustee harmless from and aga~st all expenses, including attorney's fees, obligations and liabilities which the T~-~stee may mcua- or become liable for by vic'rue of the Beneficiaries per-fo,,'-ming :he maaers set forth herein er by virtue of'J,.e fact ~at the trustee b, oids legal title :o :he Propex>'. 5. Protection of T'.nird Parties dea~in¢ with Tru;tee. No pa.~-ty dealing 'o'/tl-. the Trustee !n relation to the Proper0~' !n any man~ner whatsoever, and (x~ft,hout limiting 5~.e foregoing) .no parr':' to whom the Property. or any para oft: cr any in:crest ~n it shah be :onve>ed. con:fac:ed ar sold, leased or mortgaged by the Trustee. skali be obii?.d fa) to see the application of any purchase money, rent or money bet-rowed or othe?.vise advanced or. '&e Property, (b) 2o see chat :he terms of this Tr'ast A~eemz::: i-.a,, e baen con, piled '~5:h, (c) to inquire into the au~}-.or{tf., nece~si,'5.' ~': exped!ency >fa_ny act of fi,,c Tr~:ee or (d) be p.dv(leged to !_nz'zJre into :my of:he te..-:n..s of:his T.-usr ,A~eement. Eveo' deed. mortgage. lease er o~her ins~run~en: executed by t~.e T.'"as:ee in relation to tine Prope. ~v. shait b= ccnclusi'.'e exi~:nce in favor of exer-?, person claiming any right, :it!e or interest ~Jer :he Tree:, 2 ~ thz~ at the ct:ne o:' its Jelive0' the Trust created '&nder uhis .~.~ee2:e?.'. ',,as in 5.:ii :',~rce ~:~ effect: ,be '&at Lqstru_ment was execuled in accordance '.rich :he :.~,'-m,.s &nd tend!teens of tints Ageement and all its arr. enaLments, i£ a~nv. :.r.d is bindLn.< u?on all bene~ciaries under it; i z; :hat ~e T:a~:ee '.vas 5uP. au:&.orlr_ed an'2 e:npo',vered re execute and de!iver each such !nstrtamen:: ~5) if~ conveyance has been made :o a successor or successors in :p-:st, that rW, e successor or successors kaxe been appointed properi?' and are vested rTally ,,vith all tee :it:,e. estate, rifE:ts, po¥~ers, au:les and obligations cf!ts, his or tineir predecessor in tents:. ,. Trust .Aereement Not to 2e .~ezord~d. _-his Agreement shail not be placed on record in ine county. Ln 'x'hich 5e trust progeny is situated, or else~'here, but if it 2003 is so recorded, that recording shal', not be considered as notice of the rights of 'an':' person under this a~eement derogato~' to the title or powers of the Trustee. 8. .Muiri~le Benefi.~iar:.es. In the event that the term "Beneficiaries' as used this trot A~eemen: :.nc!udes more C'~an one beneficiary., then, iv. that event, ail. oersons inciuded in Cqe :em'. "BeneSciaries' shall be jointly and severally liable ~or obligations of'~he Benellci~r/es ur, der this Trust Agreement. 9. Trustee Responsibility to Make Advances or Incur or Pay Expenses. The Trustee shal! have the rio_hr, but not the duty, to make any advances or pay any ex,eases on account of:kis Trust Agreement or'abe Property. Ia-the Trustee shall make any such ad~ m~.ces or incur or pay any such expenses on account of this Trust Am-.eerr,,ent of 7~.: Prooe~:', or shall incur any expenses by reason of being a oa~.' to obli~ai:ons m cormection with this Trust Agreement or the Property, or if :he Trustee sha]I be ccmFeiled to pay money on accotmt of this ]'vast A~eement or the Property, wheCner for ~reach of contract, injury, to person or property., taxes of any kind, fines or penalties under any law, or other'~4se the Beneficiaries, on demand bv tie '[.'-astee. shall ~ay to the Trustee, with interest at the hi~,.hest rate Ce:x=.ined'b'/law'. rl=e amount of ali such expenses, advances or payments made by ~ae Trustee, pi'as all irs expenses, including attorneys' fees, incurred by [ne Trustee 5q said mane:s, incluzting anomeys' fees for appea~s. · c, Resizn3tien or Death oiT~stee. 1-ne Trustee may res~:~, at any rime by ~iv;mg written notice of s,~;:b, inten'don to resign to the Beneficiaries. resiznari-on ska[[ boot, me e~ective 2fter the Trustee shall have execute:t any and all doc'amer, ts 5&~.isl~.ed :o :he l-r:stee 135' 2'.e Beneficiaries and sa:isfactory to Cne T.--astee for execution, which documents shall be for the purpose of conveying to ar..,,- successor ~zs:e* a~l existing r[~.:s of Tr'zstee under this Tru. st A~eement and title to tine e~o,'er7' 3roxS~ed. however, that in all events said resignation shall ~ecome effective no 2ater *.hah t,hir, y (30) days a~er notice of resi_znation has 5eon delivered :o :he beneficiaries. ~Sthe T,-xa.stee is advised in wr!ting by the ~enellciaries as to who the successor trustee is to be, the Trustee has '.he ri~n~, by not the duD'. to procare, execute, deliver and/or record any and ail .fiocuments ,.~hich 3se necessary in tine abso',ut: discretion of the Trustee to convey or transfer ti~}e :o the Property to such successor trustee. If notice of the successor trustee is .net ~z,.', en :o the Trustee in '~:iting within twenty (20) days a~er notice of resignation has been ~e[ivered to the BeneSciaries, tlne Trustee ma5' convey title the }ro~e.'~' :o the Beneficiaries (and if more than one then [n accordance ~Sth respective interests of the Beneficiaries as set forth in paragraph 3 oft,his Trust Ag. reement), and '_he/,eed of conveyance may be recorded by the Trustee. [ i. Florida Law' Governs. This Agreement shall be consrraed :,n accordance with tine laws of=he State of dgo:~O tO-OE 'J~ AGENDA ITEM No. '3_ L. JUN 2 6 2003 pg. 12. Notices. ,~n.',' ncr:ce required :o be given by tj~e terms oft}ds A~eement or by any' app[i:able law by eithe: parry shall be in w"riting and shall be fir,her ?,and delivered or scm by cerz. ified er registered mail, return receipt requested. [f toT:~stee: 13. Successors Bound by this Agreement. A successor trustee may only be appointed by a majority cf beneflcm.,-ies. Every successor Trustee shall become fallv vested with all the title, es:ate, fights, powers, trusts and shall be subject to the duties and obligations of its predecessor under t.b, is Trust Agreement. Toe te:-m Truste" shall thereafter mean a_nd refer to said successor t.-u.stee. 14. Term. The terrr, of this Trust A_~'eement shall be for a period of r~,'en,,:y-one '";" ',ears fi"om '3ne date of:his :,mst a~eement. ~.mless sooner term[nates ether.vise p:ovided m this Trast A~'eement. Upon expiration of this Trust a~eement the Trustee shall convey the Property to the Bene.qciaries. !f. Assignment ofBen:ficiai L'a:erest. The Beneficiaries may not assiDa an> in:crest as Beneficiaries under :his Trust Agreement except to family members set for& ~ the initial para~aph of:he :rust a_m'eement and only after both of the roi!owing ,'cwo (2) conditions have been met: the original cr executed du;iicate of any assi_m'rrnent subscribed in the eresence of ?~,o ~imesses is delivered :o Eqe T:-ustee and the ~astee kas accepted Lq presence of two witnesses is delivered to the Trustee and the Trustee has acceored in v, zir;mg said assigmment provid:d, however, that :he T~stee shall be ~,der no duty or obligation ,.~ hatsoever to so accept any assi_m,'anent, and the Trustee any m its absolute :iiscrefion 5etc.-mine whether or not '.o accept said assi_m'rrnent and may in its discretion reject said assi_mmment; and the assignee of ~y beneficial interest agrees in v,,-riting to be bomad by all the duce, es and oblige:ions ofiqe Beneficiaries ,,ruder :.his Trast Agreement mc:.udkng, bat not ',imited to, ~e duty 2md obligations to Fay to the Tr':st ail advances and expenses set fo."'& above. i6. DEACq OF BEN~CICLARY Upon :~he death of any beneficiary, said share ora,he fteceased beneficiary, si~all be valued at '.he fair market value at the time of death and shall be sold to the 'retooL'nine beneficiaries. Said sale to take place no later than 120 da3 s follow;me the dare of death. All proceeds shall :ken be distributed to the estate of ~ne c~eceased beneficiaqy. d/-O: t70 IO-OE-J~I AGENDA ITEM--, Nc,._ JUN 2 q 2003 pg "~... ~. AGE~NDA,,. ITEM _.,, 2003 pg. qJ--~, EXECUTIVE SUMMARY APPROVAL OF THE FY 2004 TRANSIT DEVELOPMENT PLAN UPDATE OBJECTIVE: To approve the FY 2004 Transit Development Plan (TDP) Update. CONSIDERATION: In order to receive annual Block Grant Funds, each transit agency 'nust conduct an annual update of its Transit Development Plan (TDP). This years' update requires a report on progress made on the Goals and Objectives, any Goal revisions and a 5- year Estimated Budget. The purpose of the TDP is to ensure that the provision of public transportation service is consistent with the travel needs and mobility goals of the local communities that are served by the transit system. By establishing a strategic focus and mission for transit services, the TDP can serve as a guide in the future development of the transit system that will meet the needs of the community that it serves. This update identifies the progress of the goals and objectives for Collier Area Transit (CAT), as established by staff and members of the TDP Review Committee for the FY 03 TDP Update and also provides a funding element for public transportation services in Collier County. This item was presented to the Collier County Metropolitan Planning Organization at its June 13, 2003 meeting. FISCAL IMPACT: The Update to the Transportation Development Plan includes an estimated budget for five years. The budget for FY 2004 includes Federal Transit Administration (FTA) 5307 Grants funds in the amount of $258,200.00, Florida Department of Transportation State Block Grant funds in the amount of $330,055.00 and $912,503.60 from Fund 313. This budget also includes and amount of Ad Valorem funds that are used as match to the FTA Grant, $270, 375.00 and $196,610.40 from Farebox proceeds for a total Budget of $1,967,744. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the FY 2004 Transit Development Plan (TDP) Update. Prepared by: ~/'/~,~~ Date: /Jill/~.BroWn, Public Transportation Planner . / Reviewed by: YY~i....¢ Date: ~"///~/~-~'" Di~r~e'~/Flagg~/)41te. rcative Transportation Modes Director' Approved by: Y,~4,~~ m,n,D~tar~:or ~?/,7 Norm/a/n E. F--,6~e~, Transportation Services Ad ' 's - AGE A / jUN 2 4 ~.3 'EM 2 ~ 2003 pg. '~ 'Nm 0 ,,Imm m ~ 0 rr '~ '~ o o ~ ~ ~ o E c .- ~ ~ · - ~ ~ > ~ o ~ ~ > JUN 2 q 2003 m ~ 0 0 0 0 0 0 0 ~'- ~ ~ ~ ~ 0 E ~ ~ o · - E W = ~ 0 0 ~ 0 ~ ~ ~'~ 0 Oo G.- ~ ~ 0 ~ ~ ~o ~ 0 ~ ~ , . ~ ~ ~ o ~ o~ o ~ o~ 0 0 ~.~ ~ ~ .~ ~ ~c ~ E ._ o'-- ~ ~ ~ ~ E ~ ~ - ~GE~DAI M ~ o E~ ~ ~~--' ~'~ JUh 2003 2003 AGENDA .I~EM No, [~,. I~ _ J UN 2 4 2003 P~J ~ AGENDA IT. EM No. !~S ~ 3UN 2 ~ Pg- 7 EXECUTIVE SUMMARY APPROVE AN INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES. OB,IECTIVE: To obtain Board approval of an interagency agreement between Collier County and the State of Florida Department of Corrections for the use of inmates from the Hendry Correctional Institution for public works projects in Collier County. CONSIDERATIONS: The Board, meeting in regular session on September 28, 1999, approved an interagency agreement between Collier County and the State Department of Corrections for the use of inmates from the Hendry Correctional Institution for public works projects in Collier County in accordance with Chapter 946, Florida Statutes, and Rules of the Department of Corrections, Chapter 33-601.201 and 33.601.202 (Agenda Item 16B2). The Hendry Correctional Institution has provided this service to Collier County for about 12 years. The County provides minor roadway safety equipment and tools (safety vests, signs, etc.) and the cost per year is about $500. The work performed by the inmates usually exceeds 10.000 man hours per year in right-of-way clearing, litter pick-up, and maintenance of drainage facilities. FISCAL IMPACT: Funds are available in the amount of $500 in the Transportation Services Fund 101. The source of the funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners approve the interagency agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, and authorize the Chairman to execute same. Micht~eC:pt.-Etelarnaki, P.E. - -~- Ro ~/i n ten a~¢/~i re~c tor APPROVED BY: ff ~ ~'~/ Date: Norm~/n FedeX', A][CP, Administrator Transportation Services Division FLORDA DEPARTMENT OF CORRECTIONS' 1NWERAGENCY/PUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) This Agreement made and entered into this 24th day of June, 2003, by and between the State of Florida, Department of Corrections, through its institution/facility, CharCI/HenCI W/C (hereinafter referred to as "Department"), and the Collier County Road Maintenance Department, (hereinafter referred to as Agency"), is done so in accordance with Section 946.40 Florida Statutes and Florida .~dministrative Code Rule Chapters 33-601.201, Inmate Work Pro,ams and 33-601.202, Use of Inmates in Public Works. The duration of this a~eement is from 07/01/2003 to 06/30/2004. Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual (check one). Value Added X Cost Savings I. DEPARTMENT'S RESPONSI]3ILITIES The Department a~ees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Department is not responsible shall be marked "N/A" to the left of the number. X 1. Screen inmates for the `,york to be performed to assi~ inmates ',','ho do not present a danger to property or persons. Provide up to 8 inmates each workday for the period of the agreement. Community custody ( ); Minimum custody ( ); Both (X). X 3. Provide 1 vehicles and 1 Correctional Officers each workday to transport inmates to and from the work site. Provide Correctional Officer supervision of the work squad while performing work under this A~eement. Provide food and drinks for inmate lunches. ~ 6. X 7. Apprehend escapees and handle problem inmates. Provide transportation from the work site to the correctional facility for inmates whom refuse to work, become unable to work, or cause a disruption in the work Inmate Labor .Agreement Page 2 of 4 Administer all disciplinary action to be taken against inmate(s) for infractions committed while under the supervision of the Agency. Provide for medical treatment of ill or injured inmates and transportation of such inmates. N/A 10. Conduct a back~ound check, which includes a criminal history check, and obtain approval by the institution/facility Warden or desi~ee prior to authorizing Non- Department Supervisors to participate in training to supervise inmates. N/A 11. Provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department Supervisor. X 12. Notify the Agency in the event that an Agency employee fails to provide proper supervision of inmate(s). X 13. Provide inmates with all personal items of clothing appropriate for the season of the Vea. Y. X 14. Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended ,,~, ork operations, or when the Department determines that a work squad should not check OUt. N/A 15. Other (attach additional page(s) if necessarT). II. AGENCY'S RESPONSIBILITIES The Agency a=m'ees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Agency is not responsible shall be marked "N/A" to the left of the number. Provide the Department with a schedule of hours that inmates will be worked in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will ')e reported to, and coordinated with, the Department. N/A 2. Provide supervision of inmates in accordance with the Department's rules and regulations while performing work under this Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes criminal historv check, and must be approved by the instituti~.~itY'~,W,.ar~-,~-brt designee and complete required orientation/training ~n the prior to assuming supervision. Page 3 of 4 Inmate Labor Agreement ' N/A N/A 6. Provide transportation of inmates each workday to and from the work site. Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this A~eement. Ensure that licensing or permits are obtained if required for the work to be performed under this Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project. Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner. Complete daily the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) and submit the form on a weekly basis to the Department. N/A Report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically related complaints made by an inmate to the Department as soon as practical. In cases of emergency, render first aid, within the scope of the supervisor's medical training, to work squad inmates and provide emergency health care and related assistance to the Department. X Provide inmates with a fifteen-minute rest break in the morning and afternoon. Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes. Ensure inmates are supervised dunng rest and lunch breaks. N/A 10. Require each Non-Department Supervisor, approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. ~X 11. Ensure that all work assignments/projects utilizing inmates are authorized projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. N/A_ 12. DC6-246 (Revised 5-02) Agency hereby a~ees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgTnents or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this A~eement. If agency is an agency or subdivision of the State of Florida, this para~aph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. [ i.i ~ . :_..~.~i~.~_[O..~ [~ Inmate Labor .Agreement Page 4 of 4 X 13. Other special considerations regarding activities of the work squad that may be based on work location, etc. (attach additional page(s) if necessary). III. SUSPENSION OR TERMINATION OF AGREEMENT The Department or the Agency may suspend or terminate this a~eement with immediate written notice, in whole or in part, to the other party when the interests of the Department or Agency so require. A=oTeed to and signed this 24th day of June .2003. FOR DEPARTMENT OF CORRECTION S. Witnesses: Si gn at ute: Name: Pnnt: Title: \Varden Signature: Name: Print: Title: Major FOR COLLIER COU.'T',TY: ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK BY: TOM HENNiNG, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J~cqtielin~ Hubbard Robinson' ,~ssistant County Attorney DC6-246 (Revised 5-02) EXECUTIVE SUMMARY APPROVAL BID #03-3511, IMMOKALEE ROAD MOWING MSTD ROADWAY GROUNDS MAiNTENANCE IN THE AMOUNT OF $199,940 TO COMMERCIAL LAND ~MAINTENANCE, INC. OBJECTIVE: To obtain Board approval for the award of approval Bid #03-3511, Immokalee Road Mowing MSTD Roadway Grounds Maintenance to Commercial Land Maintenance, Inc. CONSIDERATIONS: 1. On March 26, 2003, the Purchasing Department sent notices to 52 Vendors for the Immokalee Road Mowing MSTD Roadway Grounds Maintenance. 2. On April 9, 2003, a mandatory pre-bid meeting was held to explain the contract specifics and answer any questions that the prospective Bidders may have. 3. On April 22, 2002, four (4) Bid Packets were opened. Staff reviewed the Unit Pricing as shown on the Bid Tab, and Green Heron Landscapes, Inc., submitted the lowest Bid. Since the Bid Opening, the Coun~ staff has met with Green Heron Landscapes, Inc., to further review Green Heron Landscape's Inc., Bid submittal and its deficiencies. Green Heron Landscapes, Inc., Bid Packet did not include the required MOT Certification o£ the firm's qualifying employee as required by Count5.' Policy. As indicated in the mandatory Pre-Bid and Bid Specification requirements those Bid Packets not complete would not be considered and would be required to be determined as a non- responsive Bid. A letter was sent to Green Heron Landscapes, Inc., to document their submission errors also indicating why their Bid was non-responsive. The other three Bid Packets opened did submit the required MOT Certification. The second lowest Bid from Commercial Land Maintenance, Inc., although approximately $11,000 hi~Aner, was complete and was responsive. Past maintenance services provided to the County by Commercial Land M'~intenance, Inc., have been satis£actory and Staff is in support o£ and that Commercial Land Maintenance, Inc., will be able to successfully fulfill the Contract requirements. 4. Staff recommends award of the Bid to Commercial Land Maintenance, Inc., as the lowest qualified, and responsive Bidder, due to Green Heron Landscapes, Inc., being a non-responsive and not meeting the Bid submittal requirements. ~.~(..~ISCAL IMP_ACT: The annual cost for the mowing is $199,940. The cost for the remainder of the fiscal year ~s $-'~,8-~. A budget amendment is needed to transfer $66,800 from MSTD General Fund Capital budget and appropriate in operating under Other Contractual Services. Funding for FY 04 Immokalee Mowing is budgeted within the MSTD General Fund (112) Projects. GROWTH MANAGEMENT IMPACT: There will be no growth management impact associated with this item. RECOMMENDATION: That the Board award Bid #03-3511 to Commercial Land Maintenance, Inc., for the Immokalee Road Mowing MSTD Roadway Grounds Maintenance to Commercial Land Maintenance, Inc. and authorize the Chairman to execute the standard contract after review and approval by the County Attorney's Office. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: VakPrince, Project Manager Landscap?,j3perations steve Cagnell, Purcnasing ire Mi~l~'ael-A. Etel~lmaki, P~, Transportation Road Maintenance Director Norman E.-Feder, AICP, Transport~on Administrator DATE DATE Z 8888 GEENDA ITEM No. ~ JUN 2/t 200,8 2: ill II, J: I,'-, ~o~. oo oo ooo ~oo o ooo z~ 8 EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 01-3216-A01, CONTRACT NO. 01-3216, WITH WOODS HOLE GROUP FOR THE HALDEMAN CREEK RESTORATION PROJECT (Project No. 51011) IN THE AMOUNT OF $40,329 AND APPROVE FUNDING FOR TASKS 7 & 8 FOR $76,374.50. OBJECTIVE: Obtain Board of County Commissioners (BCC) approval of the first amendment to the contract with the consultant firm of Woods Hole Group for additional data collection to support the permit application for the Haldeman Creek Dredging project and approve funding for tasks 7 & 8. CONSIDERATIONS: On November 13, 2001, the Board approved Agenda Item No.(16) (B) (1) authorizing Woods Hole Group for professional engineering services, design and permitting of the Haldeman Creek Basin Restoration. This contract amendment is needed to acquire additional field data not requested in the original contact. After meeting with Florida Department of Environmental Protection (FDEP), they specified that additional data be obtained to support the permit application for the Haldeman Creek dredging project. FDEP suggested an historical aerial photographic search that might show evidence of alteration of the Haldeman Creek "S" curve area. Additionally FDEP requested benthic cores in the "S" curve area to determine if there is a sedimentological record of alterations within the bottom sediments and the mapping of Haldeman Creek's benthic resources. The Haldeman Creek project has been accelerated by 6 months to expedite the dredging and to start construction by February 2004. Task 7 is for construction phase services and task 8 is for project performance & permit compliance monitoring, Task 7.0 Construction Phase Services - Task 8.0 Permit Compliance Monitoring - $74,731.50 $1,643.00 Amended Tasks 11.1 - 12.1 Task 11.1 Historical Aerial Photos - Task 11.2 Obtain Cores - Task 12.1 Map Benthic Resources- Total $2,930.00 $15,339.00 $22,060.00 $116,703.50 FISCAL IMPACT: Funds in the amount of $116,703.50 are available in the Stormwater Management CIP Fund (325), source of funds are ad valorem taxes. GROW"TH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Approve Contract Amendment No. 01-3216-A01 and funding tasks 7 & 8 with Woods Hole Group for the Haldeman Creek Dredging Project and authorize the Chairman to sign for the Board. AGENDA. ITEM, JUN 2 4 2003 j Pg. % ,,, Executive Summary Woods Hole Group Contract Amend No. 01-3216-A01 Page 2 SUBMITTED BY: h~ Peter S. Hayden, E.I., Project Manager Stormwater Management Section/Road Maintenance Dept REVIEWED BY: Robert C. Wile~, P.E., Principal Project Manager Stormwater Management Section/Road Maintenance Dept. REVIEWED BY: Mik~ ~telamaki, P.E., Director Road Maintenance Department Date: REVIEWED BY: ~ L-,~, APPROVED BY: Stepher~ Y. Cat'eli, Director Purchasing Department Nor/nan Fe'der, A.I.C.P., Administrator Transportation Services Division / Date: Date: AGENDA ITEM, JUN 2 q 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Haldeman Creek Basin Restoration PROJECT #: 51011 BID/RFP #: 01-3216 MODIFICATION #: Amendment No. 1 NAME OF FIRM: Woods Hole Group CONTRACT AMOUNT: ORIGINAL $ 387,954.75 CURRENT $ 428,283.75 CURRENT COMPLETION DATE(S): December 2004 ORIGINAL: April 2005 CURRENT: December 2004 SUMMARY OF PROPOSED CHANGE(S): After meeting with Florida Department of Environmental Protection (FDEP), they specified that additional data be obtained to support the permit application for the Haldeman Creek dredging project. FDEP suggested an historical aerial photographic search that might show evidence of alteration of the Haldeman Creek "S" curve area. Additionally FDEP requested benthic cores in the "S" curve area to determine if there is a sedimentological record of alterations within the bottom sediments and the mapping of Haldeman Creek's benthic resources. JUSTIFICATION FOR CHANGE(S): Support information for the dredoinc~ permit application. The additional work was not included in the original contract. PARTIES CONTACTED REGARDING THE CHANGE: Immediate supervisor Robert Wiley, Mike Etelamaki Director Road Maintenance, Tom Palmer Assistant County Attorney, Steve Carnell Director Purchasing IMPLEMENTATION STEPS (Check each before proceeding with change) _~/_ Proposed change is consistent with the scope of the existing agreement ~ Proposed change is not included in the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~ Proposed prices, fees and/or costs set forth in the change are reasonable ~ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: Peter S. Hayden Date: May 27, 2003 DISAPPROVE: Date: COMMENTS: AGENDA ITE~I ' No.__ "~ ~,'~: JUN 2 4 2003 pg. ---, 61612003 FIRST AMENDMENT to Contract No. 01-3216-A01 The "Haldeman Creek Restoration Project" This FIRST Amendment, dated .\lay __, 2003. amends the original Agreement, bet,aeen Woods Hole Group ("Consultant") and Collier County. Florida. ("O~ner"). RE: This amendment amends Contract = 01-3216 - The "Haldeman Creek Project." This amendment is needed to acquire addi:ional field data that is not requested in the original contact. After meeting with Florida Department of Environmental Protection (FDEP), their representatives specified that additional data should be obtained to support the permit application for the Haldeman Creek dredging project. FDEP desires that a historical aerial photographic search be conducted because such a search may show evidence of alteration of the Haldeman Creek "S" curve area. Additionally. FDEP is requesting benthic cores in the "S" curve area to try to determine ~ hether there is a sedimentolo~ical record of aherations within the bottom sediments and to map the Haldeman Creek's benthic resources. In order to continue the services provided Ibr the original Contract document referenced above, the Consultant hereby agrees to amend the aboxe referenced Contract as per the Supplemenlal Authorization Exhibit "A1-A" dated Ma.~ 8. 2003. attached and incorporated herein by reference. 'The Contractor agrees that this amends file original Contact amount of $387.954.75 and that the Contractor agrees to complete said additional services for an additional $40.329.00 as per exhibit "A1-A". l'his Amendment Nv. 1 increases tee total agreement amount up to $428.2g3.'5. The xtork comained in this contract, as amended. ~ill net increase the original contact schedule Iscc attached memo dated Nlax 15.2) !3 tbr rexiscd schcdule). Ail other terms and conditions of the agreement ,.l~all remain in force IN '~x,'ITNESS \~ HEREOF, the Censuhant and thc C'ounty hax e each. respectix el3. b3 an authorized person or agem. hereandur set their hands and seals on the date(s~ indicated belvxx. A T [ [(S I': Dwight E. Brock. Cie:?: BOARD OF COL,.,~'TY COMMISSIONERS ['t~LLIER COL:NTY. FI,OR,,'DA Deputy Clerk TOM HENNING. Chairman _\ppro~ed as to Ibrm and [egal sufficiencx: l'om P~Imer,Ass~stant'~ Countx. ,anornex ATTEST: First \Vitness Prin,~d Nme of First Witness ~econd Witness Printed Name of Second VVitness AGENDA I.[TEM No...,, 3__L. JUN 2 2003 Memorandum To: From: Date: Subject: Jim Mudd, County Manager Peter S. Hayden, E.I., Project Manager Stormwater Management Section/Road Maintenance Department May 15, 2003 Revised Schedule for the Haldeman Creek Project Per our meeting on April 30, 2003 with Commissioner Coyle, I have contacted the Woods Hole Group to provide a revised schedule for the Haldeman Creek Project. The scheduled is based upon meetings with the Florida Department of Environmental Protection (FDEP), County representatives and the project team. 1. Completion of Design Report - June 13, 2003 2. Submit permit application to FDEP - July 1. 2003 3. Completion of Funding Alternatives Task - August 29, 2003 4. MSTU created December 1, 2003 (if this funding source is chosen) 5. Bid process and award contract completed - January 12, 2004 6. Start Construction - February 2, 2004 7. Project Completed- December 6, 2004 Items 1, 2 and 3 will be completed simultaneously. Please understand this is an aggressive schedule that depends upon approval of additional funding for the benthic coring, (FDEP requirement) and obtaining all necessary permits for the dredging work. If you have any questions please contact me. Cc: Norman Fedcr, Administrator. Transportation Services Division Mike Etelamaki, P.E.. Director. Road Maintenance Dept. Robert Wiley, P.E. Principal Project Manger Project File- 51011.02 AGENDA ITEI~ JUN 2 2003 Transportation Services Division Stormwater Management Section/Road Maintenance Department 81 Technology Park Drive East Falmouth, MA 02536 Phone: 508-495-6221 Fax: 508-540-1001 e-mail: Iweishar@whgrp.com May 8, 2003 RECEIVED JUN 0 2 ZOO3 :.~ Mr. Peter Hayden Transportation Services Division Stormwater Management 2685 South Horseshoe Drive Naples, Florida 34104 TRANSMITTED BY FAX Dear Mr. Hayden: The Woods Hole Group (WHG) is pleased to submit the following proposal to acquire additional field data not covered in our original contract. These data requirements were given to the County by the Florida Department of Environmental Protection during a pre-application permit meeting conducted at their offices on April 17, 2003. During that meeting, the FDEP specified the following data be obtained to support the permit application for the dredging of Haldeman Creek. Documenting Previous Alterations of Haldeman Creek Aerial Photographic Analysis The FDEP suggested that a historical aerial photographic search be conducted to determine if the photographs might show evidence of alteration of Haldeman Creek in the "S" curve area. WHG will complete the search for historic aerial photographs by both conducting an intemet search and sending letters to firms that traditionally maintain a database of historic aerial photographs. Once sources of photogra.)hs have been obtained, the scales and the dates of acquisition will be examined to construct a composite that has the best potential for showing alterations within the "S" curve area of Haldeman Creek. Our recommendation will be discussed with the County, and once approved, the photographs will be obtained. Once the photographs have been obtained the photographs selected will be scanned and evaluated to document changes that may have occurred within the "S" curve area. AGENDA LIEU No._ q-_f:, ~, JUN 2 4 2003 Pg Benthic Coring A series of benthic cores will be obtained to determine if there is a sedimentological record of alterations within the bottom sediments. The objective of acquiring benthic cores is to provide a record of the bottom sediments to the FDEP that shows disturbance within the main channel of the "S" curve area. If the sediment record shows signs of previous dredging then the FDEP will be able to issue a permit for maintenance dredging for the "S" curve area. We estimate that 6 benthic cores will be obtained within the "S" curve area. Each core will be located using standard surveying techniques (DGPS & Hypac) that have been used throughout this project. The locations will be placed on the project maps for reference. In order to minimize costs to the County, we constrained the number of cores to be limited to two field days for the coting boat. Mapping of Haldeman Creek's Benthic Resources Mapping benthic resources within the "S" curve area of Haldeman Creek will be conducted by first performing a reconnaissance of the Creek by the survey crew. The reconnaissance will be conducted by completing transects throughout the Creek "S" curve area at 50 intervals. Oyster and seagrass resources will be identified using standard survey techniques that have been used throughout this project. The initial survey will identify potential areas that will be investigated by a benthic biologist after the initial survey is completed. Once the reconnaissance is completed, the biologist will meet the boat and perform a biological assessment of the resources identified. In addition, the biologist will assess the channel bottom within the dredging footprint for potential hard bottom communities. Viable communities that this project may impact will be mapped and their locations transferred to the project maps. Performing this task in two steps minimizes the number of man-days for the biologist and therefore reduces costs to the County. The cost for completing each of the work elements described above is shown on the attached spreadsheet. The Woods Hole Group Team is ready to start this work as soon as we have an approved Purchase Order. We estimate that it will take approximately 3 weeks to complete the tasks described above provided there are no equipment scheduling conflicts. Please give me a call if you have any questions. Lee L. Weishar, Ph.D. Coastal Engineer JUN 2 2003 AGENDA ITEM. JUN 2 ~ 2003 Pg. Z __ EXECUTIVE SUMMARY AWARD CONTRACTS RFP 03-3462 "FIXED TERM PROFESSIONAL PLANNING SERVICES FOR RIGHT OF WAY ACQUISITION" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXEED $500,000 ANNUALLY PER FIRM) OBJECTIVE: To receive the Boards' approval for award of professional services contracts to five firms in order to provide professional Planning Services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On April 8, 2003, the Board approved Agenda Item No. (16) (E) (3) authorizing staff to begin contract negotiations with the five top ranked firms. Contract negotiations have been successfully completed by staff. All five firms have agreed to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. Following is a list of the firms (in no order): TBE Group George F. Young, Inc. RWA Consulting Q. Grady Minor Coastal Engineering The RFP referenced that work orders would be issued in accordance with the County's Purchasing Policy. Assignments will be implemented with Work Orders subject to a maximum of $90,000 per Work Order without BCC approval and with a maximum annual contract amount of $500,000. Work Order assignments in excess of $90,000 will be approved by the Board of County Commissioners. -~coISCAL IMPACT: The funding for each work order that is assigned under the approved ntracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-tem growth plans. RECOMMENDATION: That the Board of County Commissioners (1.) approve award of professional services agreements to the five firms and (2.) authorize the Chairman of the Board to sign the standard, County Attorney approved agreements. ~'J~* ; 'J ~'"~tt;rne SUBMITTED BY: ~i~to[~nt C_ount~ y APPROVED BY: Kevin Hendricks, ROW Acquisition Manager APPROVED BY~t- ~ ~/'-*'v'-'-~, U/Gregg Strakaluse, Director, TE&CM Date: Date: /' ?fl · APPROVED BY: ,/ ~'/L~6;,,' l?~.l&'~ ~::' ~'~.'c Z~ ) / Norm Feder, Transportati~ia Administrator ¥ David Weigel, County Attorney APPROVED BY:Ste~ph~en~ ~C~a~n ~/~, ~;~rc~hablse- - in' ~-~ire t~or~/6': ' c Date: Date: EXECUTIVE SUMMARY APPROVE BID #03-3516, AWARD OF "DEVONSHIRE BLVD. IRRIGATION INSTALLATION" TO HANNULA IRRIGATION, INC. IN THE AMOUNI OF $58,689.00 OBJECTIVE: To install a new irrigation system in County fight of way which will provide 100% coverage for Devonshire Boulevard medians. CONSIDERATION: 1. On May 5, 2003 the Purchasing Department sent notices to 53 vendors for the median irrigation installation of Bid #03-3516 on Devonshire Blvd. 2. On May 15, 2003, a non-mandatory pre-bid meeting was held. 3. At 2:30 PM, on May 28, 2003, bids were opened. Three bids were received and reviewed by Staff. Hannula Irrigation, Inc. submitted the lowest Bid of $58,689.00. 4. Upon review of the Bids submitted, staff recommends award of this Bid to Hannula Irrigation, Inc. as the lowest, qualified and responsive bidder. The irrigation installation is necessary because the old system did not provide 100% coverage of the right-of-way, the main irrigation source was severed when the Board assumed the responsibility of maintenance, and various parts of the irrigation system were on private propert?' and not operable. The $6,000 contingency requested in the fiscal impact is the sole contingency available to this project pending further BCC approval and is for budget purposes in order to avoid work stoppage should the contingency funds be required for unforeseen circumstances. ,FISCAL ~I/~IPACT.' The amount of the contract is $58,689.00 plus $6,000.00 as contingency for unanticipated additional costs involving the median irrigation improvements. The total Project amount is estimated to be $64,689.00. Funds in the amount of $50,602.00, are available in the MSTD General Fund (111) within the project. A budget amendment is needed to transfer funds in the amount of $14,187.00 from Project # 74045 (Pine Ridge - Logan to Airport Road) to the Devonshire Blvd. Project #62022. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOM2MENDATION: That the Board award Bid #03-3516 for the Devonshire Blvd. Irrigation Installation to Hannula Irrigation, Inc. for a total Project amount of $64,689.00, authorize the Chairman to execute the standard contract after review by the County Attorney's Office and approve the necessary budget amendments. PREPARED BY: ~ Val Prince, Project Manager, Trans. Landscape Operations Step~-~j~Y. CaJl/nell, P ,]~ ' g Director ~)iane Flagg, .AJl~ativ~Transportation Modes D~trector ~rma~ Ej Fe'~d~r, AI~l~,ll~ran-s~6rtation Administrator Date: .-lC 0 0 G~ 0 0 · '-t CZ 0 CD CZ) 0 0 CD O0 O0 r.,.) r,o o.1 ~ o cD o o cD o o o ~ O0 O0 O0 O0 O0 O0 O0 O0 O0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 Z jUN" c~oO ~r" zz oo o,o O0 oO Oo O0 O0 0 0 ~Z> cD 0 0 0 CD 0 0 0 CD mc) ;om zz -.% --lC < "'" ~i:::r X 113 ~ O m ,-,.,~" '--I 0 "~ 0 ~'o ~n ~, r~ 0~,~ (.0 FI'1 Z ~00 O0 ~ 00o oo' co 000 O0 O0 Z 000 O0 ~ O~ ~00 O0 O0 O0 00 0 0 JUN 2 EXECUTIVE SUMMARY APPROVE SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3427 "ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY". OBSECTIVE: To obtain Board approval of Committee's ranking of firms for professional environmental engineering, remediation and restoration services, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: 1. In order to obtain the highest quality of expertise and experience on a continuing basis, it was determined that it would be most cost effective and efficient to have qualified firms capable of providing environmental engineering, remediation and restoration services, including landfill restoration, under a fixed term contract. 2. A Request for Proposal (RFP) was issued for the purpose of establishing a contract with firms capable of providing these services to the County. 3. An initial task was identified in the RFP as Task 1 for Reclamation/Restoration of a former unlined solid waste facility, which is adjacent to and part of, the existing site for the Naples Landfill. 4. In addition to Task 1, the RFP called for general environmental engineering and remediation tasks. 5. The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on February 14, 2003. Notices were sent to 247 firms and responses were received from 9 firms by the due date of March 28, 2003. 6. A Selection Committee meeting was held on May 22, 2003 to deliberate over the proposals received. During deliberations the Committee determined that some of the firms were better suited for the general remediation tasks and others had more experience with landfill reclamation work, both of which were identified in the scope of the RFP. 7. The committee identified Professional Service Industries, Inc, as their first choice to perform Task 1 under the RFP because of their experience in landfill restoration work. 8. The Committee further established the following short list for negotiation of the annual agreements. Professional Service Industries, Inc. (PSI) Mactec Metcalf & Eddy FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. AG£N~A IT£,~ ,o. I JUN 7_ 2003 PG. / GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Committee's selection of firms 2. Authorize staff to negotiate standard Fixed Term Engineering agreements with Professional Services Industries, Inc., Mactec, and Metcalf & Eddy 3. Further authorize staff to conduct task order negotiations with PSI for Task gl SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Kevin H. i~ugfin, Environmental Compliance Manager, Solid Waste Department Anderson, P.E., Director Public Utilities Engineering Department Date: G. George Yilmaz, Director Solid Waste Managemept Department /~ /,/ Stepheff Y. Car. ne~flasing/General //"Jam/~ W. DeLony, P.E.,Administrator '.___...P3.~ic Utilities Division Date: ~<2 c i~ Services Director JUN 2 q 2003 EXECUTIVE SUMMARy APPROVE TWO BUDGET AMENDMENTS FOR PUBLIC UTILITIES ENGINEERING DEPARTMENT PROJECT MANAGEMENT COSTS RELATED TO THE VANDERBILT LAGOON RESTORATION STUDY IN THE AMOUNT OF $20,000 OBJECTIVE:' To obtain Board of County Commissioners approval of two budget amendments for Public Utilities project management costs related to the Vanderbilt Lagoon restoration study and any subsequent Vanderbilt Lagoon restoration efforts in the amount of $20,000. CONSIDERATIONS: Smaller incremental Vanderbilt Lagoon restoration efforts started in 1995. The Collier County Natural Resources Department, the Collier County Stormwater Management Department and the Collier County Pollution Control Department have responded to property owners' concerns about water quality and fish kills, conducted feasibility studies on opening the southem end of Vanderbilt Lagoon to the Gulf of Mexico, and added sod to grass swales to treat stormwater runoff to lower the nutrient load going to the Lagoon. On May 27, 2003, the Board of County Commissioners approved sending a Letter of Intent to the U.S. Army Corps of Engineers in an effort to participate in an Ecosystem Restoration Project at Vanderbilt Lagoon, under agenda item 16.C.2. The letter requests the Army Corps to conduct a Reconnaissance and Feasibility Study to develop a lagoon restoration plan. The Public Utilities Division was assigned the responsibility to coordinate the project with the Corps. The Public Utilities Engineering Department will handle project management functions and the Pollution Control Department will handle inquiries into lagoon conditions; the $20,000 will be used to fund the Engineering Department project management functions. FISCAL IMPACT: Funds in the amount of $20,000 will be transferred into the County Water/Sewer Operating Fund (408) reserves from the General Fund (001). The source of funds is ad valorem taxes. Any unused funds will be returned to the General Fund and any additional necessary funding will require future Board approval. GROWTH MANAGEMENT IMPACT: This study will contribute to the implementation of Goal 2.0 of the Conservation and Coastal Management Element of the Growth Management Plan, which requires that "the County shall protect its surface and estuarine water resources." RECOMMENDATION: That the Board of County Commissioners approve two budget amendments for Public Utilities project management costs related to the Vanderbilt Lagoon restoration study and any subsequent Vanderbilt Lagoon restorati, w'ezToAr~ ~-~c~)yy£~,4' amount of $20,000. ~o. [6, C ~ J U N 4 003 Executive Summary Funding for Project Management for Vanderbilt Lagoon Restoration Page 2 SUBMITTED BY: REVIEWED BY: ,// ~'?-~" ~ Date: ~ .~a~ P'E"~~anager Ron ~ovell, P.E., Special Projects Project Manager ~V~D BY: ~~~~o Date: 633~ To~ Wides,~tilities Fin~ce Operations Dep~ment Director ~V~DBY: ~o~~e'r~~ltcUtllltlesEn~~:ng~/~f~r~ers~~ .... aPP~OVED BY' '~2~' ~"2'~ Date: ...... /.}-~e~' W. DeL;ny' fP.E., ~blic Utilities Administr~tot~ / EXECUTIVE SUMMARY AWARD CONTRACTS 03-3484 "FIXED TERM INSTRUMENTATION AND CONTROLS ENGINEERING SERVICES" (ESTIMATED ANNUAL AMOUNT $1,000,000) TO THE FOLLOWING FIRMS: CAMP, DRESSER & MCKEE, INC. Q. GRADY MINOR & ASSOCIATES; AND MCKIM & CREED. OBJECTIVE: To receive the Boards' approval for award of professional services contracts to six firms in order to provide professional Instrumentation and Control CI&C") Engineering Design services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On April 8, 2003, the Board approved Agenda Item No. 16-C-6 authorizing staff to begin contract negotiations with the six top ranked firms for professional I&C Design Consulting Services for Collier County. Contract negotiations have been successfully completed by staff for three of the six firms at this time. All three firms have agreed to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. The remaining contracts will be submitted for approval at a later date pending successful completion of negotiations. Following is a list of the firms (in no particular order): Camp Dresser & McKee, Inc. Q. Grady Minor & Associates McKim & Creed The RFP referenced that work orders would be issued in accordance with the County's Purchasing Policy. Assignments will be implemented with Work Orders subject to a maximum of $90,000 per Work Order without BCC approval, and with a maximum annual contract amount of $500,000. Work Order assignments in excess of $90,000 will be approved by the Board of County Commissioners. Individual work order agreements are consistent with current FY Master Plan requirements, as approved by the Board (Master Plan for FY 03 approved as Agenda Items 10A and 10B, February 25, 2003). FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. It is anticipated that the Water and Wastewater Departments will be the predominant users of this contract. Individual work order agreements are consistent with current Budget requirements, as approved by the Board (Budget for FY 03 approved September 18, 2002). GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. RECOMMENDATION: That the Bo~:d of County Commissioners, as ex-officio the governing board of the Collier County Water-Sewer District, award professional services agreements to the three firms and authorize the Chairman of the Board to sign the standard agreements with each firm, after County Attorney approval. JUN Dennis McGee, P.E., Utidties Engineering Instrumentation/SCADA Manager REVIEWED BY: ",~ ~_ ~ c .... Date: Roy,. Anderson, P.E., Public Utilities Engineering Director APPROVED BY: . ;:~. ~, . ,~ Date: Stephe~ ~ Car~ll~.ur, c~ing Director APPROVED aY: ~ Date: //"-" ~'/~'~.~ ~"James W. BeLong/, P.E.,,?'ublic Utilities Administrator JUN 2 4 2003 EXECUTIVE SUMMARY AWARD BID 03-3499R, SOUTH COUNTY WATER RECLAMATION FACILITY BELT PRESS WALKWAY MODIFICATIONS, TO NR CONTRACTORS INC. IN THE AMOUNT OF $39,500 (TO BE FUNDED BY THE WASTEWATER OPERATIONS BUDGET) OBJECTIVE: To award Bid 03-3499R to NR Contractors Inc. for walkway additions to the South County Water Reclamation Facility (SCWRF) Belt Filter Press Walkway. The walkway additions are needed to address a safety concern that the existing walkway configuration does not allow safe access to certain portions of the Belt Filter Press. CONSIDERATIONS: The subject project is a part of the Fund 408 County Water/Sewer Operating Budget approved on September 18, 2002 by the Board of County Commissioners as Agenda Item 2. It is also consistent with the Wastewater Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10.B. The subject project was initially bid out February 4 - February 25, 2003. At that time, only one non-responsive bid for $73,600 was received, well over the $45,000 project estimate. Staff recommended to the Board of County Commissioners that the bid be rejected; the Board rejected the bid on April 8, 2003 as Agenda Item 16.C. The subject project was re-bid April 30 - May 22, 2003. Notices were sent to 230 vendors, and 4 packages were received. The bid tab sheet is attached; the low bid was for $39,500 by NR Contractors Inc. The consultant has checked the references and work experience of NR Contractors, and recommends that the bid be awarded to them (see attachment). The Public Utilities Engineering Department Staff recommends the bid be awarded to the lowest responsive bidder, NR Contractors Inc., in the amount of $39,500 for the fabrication and installation of the additional walkway. FISCAL IMPACT: The project will be funded from the fiscal year 2003 Fund 408 County Water/Sewer Operating Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: That the Board of County Commissioners, as the Ex- Officio Board of the Collier County Water-Sewer District, award Bid 03-3499R, SCWRF Belt Press Walkway Modifications, to NR Contractors Inc. in the amount of $39,500 for the fabrication and installation of the SCWRF Belt Filter Press Walkway Additions. JUN 2 q 003 Executive Summary Funding for Collier County Utility Standards Page 2 SUBMITTED BY: REVIEWED BY: ~,/ Date: C ·--',- '~ Paul Kwa, P.E., Project Manager ~,~ /qj ~'/~ ~A ,~ .f~C Date: ,'/6,/t.~ ~ St~ c~6n ~ Pu?cfi~h~ Depanment Directo~ ~V~D BY: :% ~ Date: ~/~ oe Cheath~ Wastewater Depa~ment Direct ~Vm~DBY: (l~al~, Date: ¢~ib3 Wi]l{am'~ull~¢ P.E., Principal Project Manag~ ~V~,~D BY: /~~~/' Date: 6/~/37 Roy B. ~erson, e.~., m~ic Utilities Engineering Director ........... / 'p~m'~'~ ~ W. DeLony, ~., Public Utilities Administrator JUN 2 4 2003 JUN 2 ~ 2003 PG. ~rts Jain ~ Hssec. rax:259-262-4102 5un & '05 8:50 P. 02 STRUCTURAL I~IDGE$ ENVII:K3NM ENTAL REPAIRS INvE[rlOATIO#S REPORTS FAILURE AHALYSt~ June 6, 2003 Kills JAIN & ASSOC., INC. CONSULTING ENGINEERS tS0 TAMIAMI TRAIL lq.. SUITE 3~, NAPLES, FL 34t02.8139 PH: (~39) 212.4225 · FAX: 423t) 28;,4101 Mr. Paul Kwa Project ManalL~r Public Utilities l:.nsineering 330] £. Tamiami Trail, Building Fi Naples, FL 34i 12 Ret': SCWRF Belt Presses #1.3 ?laLl'orrn Improvements (ILJA a0216) Dcar Mr. Kwa: We have r~vicwed thc t'our bids received by Iht Purchasing Dept. We have reviewed and checked the references and work experience o£ N.R. Contractors (tile Iow bidder) and their subcontractor Sunmaster of'Naples and find them satisfactory. We recommend the conl~act award to N.R. Con.actors tbr a bid amount of $39,500.00 for the Belt Press Platform improvements. Very truly yours, Kris Jain & Assoc,, Inc. Kris K. Jain, P.E. Wd/B pplafforms/060603 L ~'MSER: PCI NO ..~~.~Aoc"°* JUN 2 q 20¢3 PG,, EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $96.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of Liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $96.00 and will be charged to MSTD General Fund (111) - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. I' ' AG[NOA Il[M .o. JUN 2 A 2003 PG. / Prepared by: ~'-'"-- ~"~ ..... ~~ Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by:T~'Z~A:R;:~so'" '' ~//~'~~n,,, ,,~ agor Utility Billing and Customer Service joh r~.~Y~n kosky:'~,c~,, ~ Utility,..Bi~q,g and ~u~sto..l~J~erserv~ce ;Jam W. DeLony, P.E,. ,Z~ministra~or, UtilitiesDivision Date: JUN 2 4 2003 EXHIBIT "A" Page 1 10. 11. 12. 13. 14. Carlton Jr., Philip, Folio #64920880003, Palm Estates, Lot 11. Resolution # 2001- 136. Chalupa, Klaus R., Folio #36326160009, Lot 13, Block 227, Unit 6, Golden Gate Subdivision. Resolution # 2002-189. Chapman, Craig C. & Lisa M., Folio #36301040005, Lot 26, Block 185, Golden Gate, Unit 6. Resolution #2002-63. EMC Holdings Inc, Folio #68300002627, Lots 31, of Port of The Islands Phase Two. Resolution #98-212. EMC Holdings Inc, Folio #68300002627, Lot 31, of Port of The Islands, Phase Two. Resolution #2000-393. EMC Holdings Inc, Folio #68300002627, Lot 31 of Port of The Islands, Phase Two. Resolution #2000-439. EMC Holdings Inc, Folio #68300002627, Lot 17 and 31, of Port of The Islands, Phase Two. Resolution #2001-463. Fernandez, Mariam, Folio #62097200000, Lot 1, Block 9, Naples Manor Addition. Resolution #2003-101. Gonzalez, Valentin & Migdalia, Folio #62255200004, Lot 41, Block 6, Naples Manor Lake. Resolution # 2002-64. Kaplan, Michael J., Folio #57676360004, Lot 3, Block 212 of Marco Beach Unit Seven. Resolution #90-612. Kaye TR, Stuart O., Folio #36114520000, LOt 26, Block 122, Golden Gate, Unit 4. Resolution #2002-349. Mortgage Electronic Registration Systems, Inc., Folio. '35641760004, Lot 2 Block 7, Unit 1, Golden Gate. Resolution # 2002-397 Postell, Willie Mae, Folio #24370280002, Lot 9 of Block A, in the Bondurant Subdivision at Immokalee. Resolution #94-209. Simeone, John A., Folio #55412502206, LOt 42, Lely Island Estates. Resolution # 2001-331. Aff.,E 7y/~~ IT£~ .0. _d_.. JUN 2 4 2003 PG. ~ EXHIBIT "A" Page 2 15. Tamayo, Aylin C., Folio #57641920000, Lot 12, Block 172, Marco Beach Unit Seven. Resolution # 98-150. 16. Tomany, Michael, Folio #48782320002, Lot(s) 63 and 64 of Hallendale. Resolution # 2002-351. ,JUN 2 4 2O03 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 64920880003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Carlton Jr., Philip 700 N E 90t~ St Miami, FL 33138 The Lien was recorded on the 16th da3' of Nlay 2001, in Official Record Book 2825 Page 1892 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: PALM ESTATES, LOT 11 OR 405 PG 505. AS RECORDED IN' PLAT BOOK 3, PG. 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiencv ROBEi~ ZACHARY By: TOM HENNING, CHAIRMAN JUN 2 4 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36326160009 SATISFACTION OF LIEN IGNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CO~MMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: Chalupa, Klaus R. 1938 SW 13th Ave Portland, OR 97201 The Lien was recorded on the 14th day of May 2002, in Official Record Book 3036 Page 1490 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Three Hundred Fifty Dollars and No Cents ($350.00) plus accrued interest and penalties, if an3'. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 13, BLOCK 227, UNIT 6. GOLDEN GATE SUBDIVISION Collier Count.,,'. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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. EX' WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this __ day of .2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUD,'TY COMMISSIONqERS, COLLIER COUNTY. FLORDA Approved as to form and legal sufficiency ROBERT ZACHARY By: TOM I-IENN'hNG, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36301040005 SATISFACTION OF LIEN IGNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Chapman, Craig C. & Lisa M. 2148 52nd Terr SW Naples, FL 34116-6240 The Lien was recorded on the 6th da3' of March 2002, in Official Record Book 2993 Page 3088 in the Office of the Clerk of the Circuit Court of Collier Count)', State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if an3'. and imposes certain obligations against real property situated in Collier Count3', Florida, described as follows: LOT 26, BLOCK 185, GOLDEN GATE, UNIT 6 Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 comrmssioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ da3' of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency ROI~I~RT 2~A~Y By: TOM HENNING, CHAIRMAN JUN 2 t+ 2083 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 68300002627 SATISFACTION OF LFF. N KNOW ALL MEN BY TIIESE PRESENTS: That the BOARD OF COU,'NTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: EMC Holdings Inc 800 Laurel Oak Dr STE 303 Naples, FL 33963 The Lien was recorded on the 27th dav of July 1998. in Official Record Book 2,1d4 Page 2410 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fort)' Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if an3', and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 31, OF PORT OF THE ISLANDS PHASE TWO Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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. EX' WITNESS WI--I~REOF, the Board of County Commissioners of Collier Count).', Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this dav of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNVI'Y, FLORDA Approved as to form and legal sufficiency ¢- O.ERT ZAC RY By: TOM HENND~G, CHAIRMAN JUN 2 2003 PG., t~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 68300002627 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~NTY, FLORIDA was the owner and holder of a certain Lien against: EMC Holdings, Inc ATTN: Stephen E. Rossi 800 Laurel Oak Dr. STE. 303 Naples, FL 34108-2713 The Lien was recorded on the 5th da3, of December 2000, in Official Record Book 2750 Page 2023 in the 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 and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 31 OF PORT OF THE ISLANDS. PI-L,-XSE TWO Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Flor/da, 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 this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIO!X~ERS. COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency ROBERT ZACI4ARY By: TOM HENNING, CHAIRMAN JUN 2q4 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 68300002627 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: EMC Holdings Inc 800 Laurel Oak Dr STE 303 Naples, FL 34108-2713 The Lien was recorded on the 19th da3' of December 2000, in Official Record Book 2756 Page 0067 in the 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 and No Cents ($245.00) plus accrued interest and penalties, if an3', and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 31. PORT OF THE ISLANDS, PHASE TWO Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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. LN WITNqESS XVHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency B y: TOM H:ENNING, CHAIRMAN JUN 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 68300002627 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: EMC Holdings, Inc 800 Laurel Oak Dr STE 303 Naples, FL 34108 The Lien was recorded on the 2nd day of January 2002, in Official Record Book 2956 Page 0742 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida. described as follows: LOT 17 and 31, OF PORT OFTHE ISLANDS, PHASE TWO Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 this Satisfaction of Lien. by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIF_.R COUNTY, FLORDA Approved as to form and legal sufficiency Bv: TOM I-[ENNING, CHAIRMAN iAGENDA I TEI'~ J U N '2 200,:3 ~. fl This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62097200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COL.'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fernandez, Manam 434 Spinnaker Dr Marco Island, FL 34145 The Lien was recorded on the 3~ day. of April 2003, in Official Record Book 3256 Page I._0'~'~ in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT i, BLOCK 9. NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 ac ~knowledge that the Lien ceases to exist. IN WITNESS W-I-[EREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of .2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and ~ Vx,~. legal suffic{~cy. ~~ t. RO RTZ^ 'RY By: TOM HENNLNG, CHAIRMAN JUN 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62255200004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gonzalez, Valentin & Migdalia 1237-39 NW 33 ST Miami, FL 33142 The Lien was recorded on the 6m day of March 2002, in Official Record Book 2993 Page 3090 in the Office of the Clerk of the Circuit Cour~ of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 41, BLOCK 6, NAPLES MANOR LAKE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIvLMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form and legal sufficiency ROBERT ZACHARY By: TOM HENNLNG, CHAIRMAN NO. <~ , ~ JUN 2 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57676360004 SATISFACTION OF LIEN KNOW ALL NIEN BY THESE PRESENTS: That the BOARD OF COLWTY CO.XO/flSSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: Michael J. Kaplan PO BOX 668 Mundelein, iL 60060 The Lien was recorded on the 114 da3' of January 1991. in Official Record Book 001585 Page 000752 in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred Fort3, Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as follows: LOT 3, BLOCK 212 OF MARCO BEACH LLNIT SEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 X~q-IEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by' action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form a~ency By: TOM HENNI]'qG, CHAIRMAN .0.72" % JUN 2 2003 ~c~. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36114520000 SATISFACTION OF LEEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Kaye TR, Stuart O. 16990 Tamiami TR. N. Naples, FL 34110 The Lien was recorded on the 2nd day of October 2002, in Official Record Book 3121 Page 1545 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: LOT 26, BLOCK 122, GOLDEN GATE, UNIT 4 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency ~ ~OB~T ZAC~I~IARY By: TOM HENNING, CHAIRMAN .0. /4,¢ JUN 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35641760004 SATISFACTION OF LIEN KNOW AI,I~ MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONrERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Mortgage Electronic Registration Systems, Inc. 8120 Nations Way-Building 100 Jacksonville, FL 32256 The Lien was recorded on the 15th day of October 2002, in Official Record Book 3131 Page 2324 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Eighty Dollars and No Cents ($480.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2 BLOCK 7, L,rNIT 1, GOLDEN GATE Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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. EX' WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL~'TY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form and legal sufficiency By: TOM I-IENrNING, CHAIRMAN A ?..,(.~q ~ ~, IT[N .o. laC_. JUN 2 q 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmami Trail Naples, Florida 34112 (941) 774-8400 Property' Folio No. 24370280002 SATISFACTION OF LIEN KNOW )~LL MEN BY TI-IESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Willie Mae Postell c/o G Jean Canty 2695 Beacon Hill Dr. #211 Auburn Hills. ~M1 48326 The Lien was recorded on the 5th day of May 1994. in Official Record Book 001943 Page 002194 in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the pnncipal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9 OF BLOCK A. IN THE BON~DLrRANT SUBDIVISION AT hMMOKALEE Collier CounU. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 WITNqESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ da5 of 2003. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form BOARD OF COUNTY COM2vl/SSIONERS. COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIR3~AN JUN 2 4 2003 ~. /7' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 55412502206 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: Simeone, John A. 325 N State St Girard, OH 44420 The Lien was recorded on the 3rd day of October 2001. in Official Record Book 2901 Page 1779 in the Office of the Clerk of the Circuit Court of Collier County, State of Fiorida. The Lien secures the principal sum of One Thousand One Hundred Seventy Five Dollars and No Cents (S1,175.00) plus accrued interest and penalties, if any, and imposes certain obligations against real proper~y situated in Collier County, Florida. described as follows: LOT 42, LELY ISLAND ESTATES Collier Count>,, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 Count,,,', Florida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this __ day of .2003. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form and legal sufficiency ROBERT ZACHARY TONI HENNING, CHAIRMAN l G£ ~,11)) IT£)4 JUN 2 2003 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiam/Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57641920000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tamayo, Aylin C 901 SW 10t~ Ave. Miami, FL 33130 The Lien was recorded on the 6th day of June 1998, in Official Record Book 2432 Page 2526 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Fort3' Five Dollars and No Cents ($245.00) plus accrued ~nterest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 12, BLOCK 172, MARCO BEACH L~'IT SEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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 ~rlIEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of .2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIVIMISSIONE, RS, COLLIER COUNTY, FLOR[DA Approved as to form and legal sufficiency ROt~I~RT ZAC~Lad~Y By:. TOM HENNING, CHAIRMAN JUN 2 4 2OO3 pc,..,,/?_ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 48782320002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY CO~MMISSIONERS OF COLLIER COUNtrY. FLOR[DA was the owner and holder of a certain Lien against: Tomany, Michael 1645 Mullet Ct. Naples, FL 34102 The Lien was recorded on the 2D~ day of October 2002, in Official Record Book 312I Page 1549 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of One Thousand Nine Hundred Fifty Dollars and No Cents ($1,950.00) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT(S) 63 ANT) 64 OF HALLENT)ALE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the 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. LN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form and legal sufficiency ROBERT ZACHARY By: TOM HENNING, CHAIRMAN JUN 2 6 .003 EXECUTIVE SUMMARY AWARD BID # 03-3514 TO PERKINELMER FOR THE PURCHASE OF A GAS CHROMATOGRAPH/MASS SPECTROMETER SYSTEM IN THE AMOUNT OF $74,984 OBJECTIVE: To aeq~-ire a Gas Chromatograph/Mass Spectrometer System (CrC-MS) to enable the Pollution Control Department to analyze surface/ground/waste water and drinking water in a timely and efficient manner. CONSIDERATIONS: The bid invitations were publicly posted on April 4, 2003 for a GC-MS and distributed to three vendors. Sealed bids for the GC-MS were opened at 2:30 p.m. on April 22, 2003. Offers were received from all three vendors. Although Agilent's primary offer met the specifications, Agilent has taken exception to the County's indemnification clause. Since Agilent would be required to be on County property for installation, training and consultation, Agilent's acceptance of the indemnification clause is required and the bid is therefore considered non-responsive. Varian's primary offer of $61,094.00 is for an ion-trap instrument and does not meet Collier County's bid specifications, which requires that the instrumentation be of a quadrupole design. The bid was evaluated on the basis of meeting the advertised specifications, including all required accessories. Staff has determined that PerkinElmer met all bid specifications. As indicated on the attached bid tabulation, PerkinElmer was the lowest, qualified and responsive bidder. The Gas Chromatograph/Mass Spectrometer will afford the Pollution Control & Prevention Department (PC&PD) the opportunity to perform pesticides and petroleum analysis of surfacw~/ground/waste water and drinking water. Additionally, the GCoMS will allow staff to better service the residents of Collier County by providing comprehensive water quality data, which is currently not available. FISCAL IMPACT: The Gas Chromatograph/Mass Spectrometer will cost $74,984. Funds for this purchase were budgeted and approved for FY 03. Funds are available in Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: This is consistent with and necessary to implement several objectives and policies including surface and ground water monitoring contained within the Conservation and Coastal Management element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award bid ~03-3514 to PerkinElmer for the purchase of a Gas Chromatograph/Mass Spectrometer System. aG£nO~, JUN 2 z, 2003 Page 2 Executive summary PREPARED BY: REVIEWED BY: REVIEWED BY: Mmty CdJ'nelisse, Operations Supervisor Pollution Control & Prevention Deparunent Jim Felix, Principal Environmental Specialist Pollution Control & Prevention Department Ray'~mith, Director Pollution Control & Prevention Department REVIE%TD BY: APPROVED BY: Steve C{u'nell, Di'~ector Purchasing Department//~ . - .... -James W. DeLony, P. Administrator Public Utilities Division Date: attachment JUN 2 ~ 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO CREATE A NEW PUBLIC UTILITIES PROJECT TO PREPARE A 2003 UPDATE TO THE RECLAIMED WATER MASTER PLAN AND REUSE RATE STUDY IN THE AMOUNT OF $49,926 OBJECTIVE: To obtain approval of a budget amendment to create a new public utilities project to prepare a 2003 update to the Reclaimed Water Master Plan and Reuse Rate Study, originally authored by another consultant, Camp Dresser & McKee, Inc., (CDM) in 1999. Public Utilities Engineering anticipates awarding the work under Contract #00-3119 to Greeley and Hansen. CONSIDERATIONS: Wastewater reuse to meet irrigation demand is evolving into an additional Utility segment, with associated needs for assessing an appropriate Reuse rate and planning capital projects to meet growing demands. A past effort, the Wastewater Resource Planning Report, was authored in 1999 by CDM under Work Order CDM-FT-99-6, approved by the Board of County Commissioners as agenda item 16(B)(10) on May 25, 1999. CDM's work was updated in early 2002 to reflect revised financial numbers under an amendment to the Work Order, approved by the Board on May 14, 2002 as agenda Item 16(C)(2). The Reuse User Fees are planned to be developed by October 1, 2003, which is earlier than and in time for drafting and adopting the 2003 Water and Wastewater Master Plan Updates. The update of this Reclaimed Water Master Plan is referenced in the 2002 Wastewater Master Plan, but under project number 74029, the CDM project. In a change from the past reclaimed water planning project, Public Utilities has elected to award this 2003 update to Greeley and Hansen, under annual fixed-term contract #00-3119. Greeley and Hansen has been authoring annual updates to the Water and Wastewater Master Plans, and have been asked to do so again for year 2003. The reason for this change in consultants is to achieve consistent methods throughout the Water, Wastewater, and Reclaimed Water Master Plan Updates for population and demand forecasting, hydraulic modeling, production of Capital Improvement Project schedules, and financial analysis for developing the User Fees. The compensation for this update has been negotiated to reflect a one-third reduction from the amount originally awarded to CDM to author the Wastewater Resource Planning Report, which staff finds to be appropriate for a plan update. The net compensation for this Reclaimed Water Master Plan Update is in balance with the more comprehensive efforts of the Water and Wastewater Master Plan Updates. The scope of se. vices for the project is: a) Initial Planning Services, with subtasks of Data Review, Population and Demand Forecasts, and Establish Reclaimed Water System Goals b) Update Water Transmission Network Hydraulic Model c) Prepare the Master Plan Update d) Meetings e) Assist with and Prepare Meeting Presentation Materials for Master Plan f) Update Reuse User Fee Rate Study Executive Summary Approve Work Order Page 2 FISCAL IMPACT: Funds for this project were allocated in the capital budget adopted by the BCC on Sept 18, 2002, Agenda item 2. Funds in the amount of $41,002 will be obtained for this budget amendment from the Public Utilities project, Immokalee Rd-C.R. 951 Master Pump Station, project number 73152. The source of these funds is Wastewater Impact Fees. Funds in the amount of $8,924 will be obtained from Wastewater User Fee (Fund 414) reserves for the reuse rate study portion of this project. GROWTH MANAGEMENT IMPACT: Reclaimed water planning is consistent with the Collier County Growth Management Plan which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and groundwater supplies. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve the budget amendment to create the new project, a 2003 update to the Reclaimed Water Master Plan and Reuse Rate Study. Under staff authorization, also approve the Public Utilities Administrator to execute the Work Order. Executive Summary Approve Work Order Page 3 SUBMITTED BY: Ivy ~;(/ylie'i P.E. Planning Engineer Public Utilities Engineering Department DATE: REVIEWED BY: Roy ~. Anderson, P.E., Director Public Utilities Engineering Department DATE: REVIEWED BY: APPROVED BY: Joseph Cheatham, Directoq' Public Utilities Wastewate~epanment · 'Jame~ W. DeLony. P.E.. Administrator Public} Utilities DMsion / DATE: WORK ORDER # GH-FT-03-06, Agreement for Fixed Term Utilities Engineering Services Dated June 6, 2003(Contract #00-3119) This Work Order is for professional engineering services for work known as: Project: 2003 Reclaimed Water Master Plan Update The work is specified in the proposal dated June 6, 20030 which is attached hereto and made a part of this amended Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #GH-FT-03-06 is assigned to Greeley and Hansen LLC. Scope of Work: Task: #1 Initial Planning Services #2 Prepare 2003 Reclaimed Water Master Plan #3 Prepare Reclaimed Water Rate Study Schedule of Work: Complete work within 8-1/2 months from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material, not to exceed amounts indicated in the schedule belo'~: Task: #1 Initial Planning Services #2 Reclaimed Water Master Plan #3 Addn Services Allowance Total Not To Exceed $ 8,308.00 (lump sum) 532,694.00 (lump sum) $ 8924.00 (lump sum) $ 49,926.00 An5 change within monetary' authority' of this Work Order made subsequent to final department approval xtiI1 be considered an additional service and charged according to Schedule "A" of the A greemen'~. PREPARED BY: REVIEWED BY: REVIEWED BY: AUTHORIZED BY: Ivy Wylie, P.E., Planning Engineer, PUED Date Josepl~'Cheatham Director Public Utilities Wastewater Dept ~ov ~Anderson P.E., Director, Public Utilities Engineering Da~e .lames W. DeLony, P.E. Director, Public Utilities Date ,Approved as to Form and Legal Sufficiency: Assistant County Attorney Date: ATTEST: By: Type Name and Title Date: Greeley and Hansen, LLP Name of Firm By: Roger S. Howell, P.E., Associate Work Order Template cc: Purchasing Finance F~scal G&H IW:WO_2003 Reel MP Update 00I JUN 2 2uo, EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order # GH-FT-03-06 2003 Reclaimed Water Master Plan Scope of Services Greeley and Hansen LLC June 6, 2003 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the 2003 Reclaimed Water Master Plan, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00- 3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall include an update to the October 2002 Water Resources Planning Report, which includes a technical evaluation and a reclaimed water rate study. The goals of the PROJECT are to update reclaimed water strategies developed in the previous Water Resources Planning Report, including updates to reclaimed water availability and irrigation demand forecasts, project and project cost schedules, and maps to show updated reclaimed water projects. Another goal of the PROJECT is to develop reclaimed xvater strategies that are consistent with the South Florida Water Management District Lower West Coast Water Supply Plan, including interconnections with reclaimed water systems operated by others. ENGINEER shall assist COUNTY in developing the overall reclaimed water system philosophy, whether the main purpose of the system is for effluent disposal or as one component of a system to meet the irrigation demand needs of COUNTY residents. Monthly partial payments for the lump sum services will be invoiced based on the percentage of services completed. The schedule for completion of each task is shown at the end of the task description. TASK 1 - INITIAL PLANNING UPDATE SERVICES TASK 1.1 - COLLECT AND REVIEW EXISTING DATA Collect and review existing data, including updated reclaimed water users and demand information, operational data, existing hydraulic model and other information relevant to the PROJECT. Page 1 of 4 2003Reclaimed WaterMasterPla nScope_withnumbers.doc TASK 1.2 - UPDATE AVAILABLE RECLAIMED WATER AND IRRIGATION DEMANDS Estimate range of available reclaimed water from existing and future service areas based on wastewater flows developed in the Wastewater Master Plan and data obtained in Tasks 1.1. Estimate range of irrigation water demands through 2023. TASK 1.3 - ESTABLISH BASIS FOR RECLAIMED WATER SYSTEM Establish priorities of reclaimed water system as an effluent disposal system or as an irrigation utility provider. List system goals under each of the two strategies. Meet with COUNTY to discuss the implication of each strategy. Establish priorities for adding new reclaimed water customers. LUMP SU]VI AMOUNT FOR TASK 1: $ 8,308 TASK 1 TARGET COMPLETION TIME: 6 Weeks TASK 2 - PREPARE 2003 RECLAIMED WATER MASTER PLAN TASK 2.1 - UPDATE TRANSMISSION SYSTEM ANALYSIS Update the county-wide layout plan for future reclaimed water mains and associated master pumping station network linking existing and future service areas to regional treatment plants. The reclaimed water main network model will be updated by the COUNTY using the existing KYPIPE hydraulic model. Model outputs will be prepared for peak flow conditions in 2008 and 2013. Update the countywide summary map showing year 2008 and 2023 reclaimed water facilities. TASK 2.2 - PREPARE RECLAIMED WATER MASTER PLAN Prepare update to the Water Resources Planning Report, dated October 2002, prepared by CDM-Missimer. Update information on current customers and irrigation demands, effluent disposal and ASR discussions, information on other water sources for irrigation and recommendations. The master plan will consist of the following sections: Section 1 - Executive Summary Section 2 - Introduction Section 3 - Reclaimed Water Service Areas Section 4 - Existing Facilities Section 5 - Reclaimed Water Supplies and Demands Section 6 - Alternative Reclaimed Water Service Plans JUN ? q 2003 Page 2 of 4 2003Reclaimed WaterMasterPlanScope_withnu tubers.doc Section 7 - Capital Improvements Projects for Reclaimed Water Section 8 - Summary and Recommendations Submit 10 printed draft review copies each of the updated master plan at the 60 percent complete stage to the COUNTY and submit 10 copies each of the final master plan in hard copy format and in pdf format on CD. Review comments fi.om 60 percent submittal will be incorporated in final master plan. TASK 2.3 - ATTEND MEETINGS Services shall include up to four PROJECT meetings to coordinate with ongoing COUNTY projects and present preliminary outputs. TASK 2.4 - ASSIST WITH MASTER PLAN ADOPTION Prepare and conduct the following presentations in PowerPoint format: · Public Utilities Engineering Department · Public Utilities Administrator · County Manager · Productivity Committee · Development Services Advisory Subcommittee (DSAC) · Board of County Commissioners Workshop · Board of County Commissioners Adoption Prepare and develop responses to frequently asked questions. Prepare written responses to comments and questions fi.om Productivity and DSAC LUMP SUM AMOUNT FOR TASK 2: $ 32,694 TASK 2 TARGET COMPLETION TIME: 16 Weeks TASK 3- PREPARE RECLAIMED WATER RATE STUDY Prepare a rate study for the reclaimed water system based on outputs from the 2003 Reclaimed Water Master Plan. Assist in approval and adoption of the rate study with the Reclaimed Water Master Plan. This study is limited to assessing user rates and excludes the study of reclaimed water impact fees. LUMP SUM AMOUNT FOR TASK 3: $ 8,924 TASK 3 TARGET COMPLETION TIME: 16 Weeks Page 3 of 4 2003Reclaimed WaterMasterPlanScope_withnumbers.do¢ NO. ~,G£~ ~TL~ JUN ? L~ 2.003 SUMMARY TASK NO. 1 2 3 DESCRIPTION Initial Update Planning Services Prepare 2003 Reclaimed Water Master Plan Prepare Reclaimed Water Rate Study TOTALS COMPLETION TIME COST (WEEKS) 6 $ 8,308 LS 16 $32,694 LS 16 $ 8,924 LS 16 $49,926 Page 4 of 4 2003Reclaimed WaterMasterPlanScope_withnumbers.do¢ JUN 2 q 2003 Pti. Z ×o~ LU(D °~ EXECUTIVE SUMMARY AUTHORIZE CONVEYANCE OF UTILITY EASEMENTS TO FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES TO SERVE THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION PROJECT 73949, AT AN AMOUNT NOT TO EXCEED $50. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District authorize the conveyance of two easements to Florida Power & Light Company (FPL) for underground electric service at the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: On December 17, 2002, Item 16-C-1, the Board of County Commissioners approved a relocation agreement with FPL to provide safe working conditions for the construction and operation of the chlorine contact chambers associated with the SCWRF Expansion Project. This relocation work has been completed and FPL requests that the County grant and record an easement covering the relocated facilities. On January 28, 2003, Item 16-C-1, the Board of County Commissioners approved entering into an underground conduit installation agreement with FPL for electrical facilities to accommodate the increased power requirement associated with the SCWRF Expansion Project. The conduit, cable markers, and associated materials have been installed and the facilities will be energized by FPL pending the County granting and recording an easement to cover the facilities. The FPL easements will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. FISCAL IMPACT: Recording of the FPL easements should not exceed $50.00 and will be paid from Fund 413, Sewer Impact Fee; Cost Center 263613, Waste Water Capital Impact; Project No. 73949, SCWRF Expansion 2001, which is funded by impact fees. Funds for this project are included in the 2003 budget adopted by the Board on September 18, 2002, Agenda Item 2. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003, Agenda Item 10-A. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the Florida Power & Light Company easements once they have been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and AGENDA IT£1~ JUN 2 4 2O03 PG. ~ / EXECUTIVE SUMMARY Easement to Florida Power & Light Page 2 2. Authorize Chairman Tom Henning to execute the easements; and 3. Direct staff to proceed to record the easdments (once approved by the County Attorney's Office) with the Clerk of Courts in the Public Records of Collier County, Florida. PREPARED BY: ~/?/q ~~~'~ ,~ DATE: J~al ~V~. Sn~ith, Property Acquisition Specialist Estate Services REVIEWED BY:. ...... ~ ; k.~~ ;~ \, '~ Toni A. Mott, Reai'Estaie Supervisor Real Estate Services REVIEWED BY: ,- [N~ ~. · erDATE: Charles E. Carrington, Jr.,IS1UWA, Manag Real Es~te Services :~ ~ DanieYkoaricez, I~~ector Facilities Mana~nt Department ~VIE~DBY: ~~ ~ Alicia Abbott, Project Manager ~blic Utilities Engineering Department ~VIE~D BY: /~/ ~ Roy,. Anderson, P.E., Director ~blic Utilities Engineering Department DATE: APPRO~D BY: ~ W. DeLony,~.E., Ad~nistrator ~c Utilities Ad~nistrator DATE: c,--/'~ ~- 3 80 ._~_~_ JUN 2 2tiff3 EXECUTIVE SUMMARy, APPROVAL AND EXECUTION FOR SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes these Satisfactions of Claim of Lien. CONSIDERATIONS: 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, Florida, recorded the Claims of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien. FISCAL IMPACT: Payment in full for these Claims of Lien increases the cash flow in the County's sewer impact fee fund by $3,780.00. The fiscal impact for recording these satisfactions of lien is approximately $18.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. JUN PC,. Prepared by: Pam Callis,,.Revenue Supervisor Utility Bil!iJ~ and Customer Service Reviewed by: '~ ,/'~~ T~'esa A. Riesen, F~evenue Manager Utility Billing and Customer Service ~ev,ewed b~:-¢~_ ,.~~ ~,~~_ J~Z. Yon~o~k~rector ~ U~illing~~~o~Se~ice Approv"d b~: ~~~ r ~ Ja~es W. DeLony/P.E., Administrato ~lic Utilities Division Date: NO.~ JUN 2 ~ 2003 .~. 02. EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes these Satisfactions of Claim of Lien. CONSIDERATIONS: 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, Florida, recorded the Claims of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien. FISCAL IMPACT: Payment in full for these Claims of Lien increases the cash flow in the County's sewer impact fee fund by $3,780.00. The fiscal impact for recording these satisfactions of lien is approximately $18.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. JUN 2 6 2003 Prepared by: _ Pam Callis, .Revenue Supervisor Utility Bill~ and .Customer Service TeC'esa A. Ri~sen, Utility Billing and Customer Service Jo~'~l,'A. Yonko.~k~'~,D.D~rector~ Ut~illing~~o~Se~ice ~' Ja~es W. DeLony~.E., Administrator ~~lic Utilities DMsion Date: Date: (~ Irc~/0"~ Date: JUN 2 z~ 2003 EXHIBIT "A" o Edward M. Astraitis and Gale D. Astraitis, Husband and Wife, as an Estate by the Entireties, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest, Folio #24981160003. James J. and Mary M. Gruszka, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00) plus accrued interest, Folio #26830640009. Jesus Garcia and Isidora P. Garcia, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest, Folio #62251920003 JUN 2 q 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF cLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: EDWARD M. ASTRAITIS AND GALE D. ASTRAITIS Husband and Wife, as an Estate by the Entireties 1794 Holiday Lane Naples, FL 33942 The Lien was recorded on 30TH day of September 1994, in Official Record Book 1989, Page(s) 2165, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK F, BROOKSIDE SUBDIVISION, UNIT NO. 3, PLAT NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1350, PAGE 289 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 24981160003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ., 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Le~ ~ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN JUN 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: JESUS GARCIA AND ISIDORA P. GARCIA, Husband and Wife 5237 Gilchrist St Naples, FL 33962 The Lien was recorded on 17TM day of November 1994, in Official Record Book 2003, Page(s) 0884, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 17, BLOCK 3, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 86 AND 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1900, PAGE 764 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62251920003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and / R O B/"E~R-~ ZA~A~Y ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COL. ~ITY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN PG. ,~ ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID,~, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: JAMES J. AND MARY M. GRUSZKA 807 River Point Dr # 103D Naples, FL 33942 The Lien was recorded on 30TM day of September 1994, in Official Record Book 1989, Page(s) 2147, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 20, COL-LEE-CO GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1156, PAGE 1888 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 26830640009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and RO~ERY ZAC,~ARY ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COL_IER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TOM HENNING, CHAIRMAN NO. ~ JUN 2 ZOO3 EXECI ITIVE ~I IMMARY ACCEPT EASEMENT FOR 12 INCH POTABLE WATER LINE AND ASSOCIATED WATER FACI1 JTIES EXECI ITF. D BY REI J~EI IM~. INC-: REGARDING TI-W~ RAI~MORAI, Pl ID OR_IECTIVE: That the Board of County Commissioners accept the attached Deed of Easement to facilitate installation of a 12 inch potable water line and related utility facilities, all of which are related to the Balmoral Planned Unit Development west of and adjacent to Whippoorwill Lane. CON~IDERATIONS: The Balmoral PUD agreement requires that an easement to accommodate a twelve (12) inch potable water line (and related facilities) be conveyed by the developer to Collier County. This easement is to be in the southernmost fifteen (15) feet of the Balmoral PUD. If and when a contemplated east-west extension of Green Boulevard is four-laned, the developer, Relleum, Inc., its successors or assigns, at no cost to the County, is obligated to remove this 12 inch water line and the related facilities from this easement area subject to Collier County first formally acknowledging that an alternate water line and necessary related facilities are then available to provide the utility service that will be provided by this water line and these related facilities. This Executive Summary supplies relevant details that are not specified in detail in the text of the attached Easement Deed. FISCAl, IMPACT: The fiscal impact will be only the costs of recording the Deed and this Executive Summary in the Public Records of Collier County. GROWTH MANAC, EMFNT IMPACT: This easement will facilitate development of the Balmoral PUD and other development in area of Whippoorwill Lane. ilECOMMENDATION: That the Board of County Commissioners, as ex-officio the governing board of the Collier County Water-Sewer District. accept this easement on behalf of the District and authorize that the easement de~d and this Executive Summary be recorded in the Public Record. PREPARED BY: ~ ¢~,t/L-~ DATE:~--./~- ~)'~, Tom Palmer, Ass't. County Attorney REVIEWED BY: ~~ DATE: H~uber, Sr. Project Mgr., P~D ~ /~;~~/~~~ DATE REVIEWED BY: ~ ' : pa~~ch~Director APPRO~D BY: DATE: Tomauck, Dir~to~). Se~ices ~elon~, D~recto~ublic Utilities DATE:~~fl~ PROJECT: Whippoorwill Lane PARCEL: 1A2 and 22B UTILITY EASEMENT THIS EASEMENT, is made and entered into this IN day of by Relleum, Inc., a Flodda corporation, whose mailing address is 9105 Corsea Del Fontana Way, Naples, Collier County, Florida 34109 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Flodda, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the par[les to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement to enter upon and to install and maintain water utility structures and facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. Not Homestead Property TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining water utility facilities thereon. The easement granted herein shal[ constitute an easement running with the land and shall burden the lands described above. This easement shall automatically terminate upon Collier County's acceptance or the construction by Grantor or Third Party of a replacement water main serving the same purpose as the 12-inch water main to be constructed pursuant to this easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: RELLEUM, INC. a Florida corporation ign~[t~'~ Printed/~qame Printed Name Its: PRESIDENT Page I of 2 PROJECT: Whippoorwill Lane PARCEL: 1A2 and 22B STATE OF FLORIDA COUNTY OF /~,~L The foregoing instrument was acknowledged before me this ,2003, personally known ~ or produced identification Type of identification produced: (Affix nota~4.~l) ~,,h S. My Commission Expires: Notary Public Notary Printed Name day of Page 2 of 2 JUN 2 4 2uuo Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. G DEAN sMrrH, P.E. DAVID W. SC~M1TT, P.E. MICHAEL J. Df!LATE, P.F.. NORMAN ]. TREBILCOCK, A.I.GP., P.E. MA'rrHEw' J. HERMANSON, P.E. D. WAYNE ARNOLD, A.I.C_P. ROBERT "BOB" THINNES, A.LC.P. ERIC V. SANDOVAI, P.S.M ST'fiVE BURGESS, P.S.M MICItAEL I, HARMON, P.S.M ALAN V. ROSEMAN IIN COLLIER COUNTY, A PORTION OF: PIN: 0000000287080005 STRAP: 492618 024.0004B18 L~C~ DESCRIPTION PI~RCEL 1/%2 - WHIPPOORWILL LANE (SKETCH B-1807-D 1) THE SOUTH 15 FEET OF THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (]/4) OF TIIE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 19,800 SQU~d~E FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. _~~.~S IG~D ~P.S.M. Jt2904 MICHAEL L. HA/LMON STATE OF FLORIDA | 947-0375 · E-Mail: enginee, ring~gradyminor.cc~ F:UOB~URVEY~WX(~t.9);$t~Ti'Ii~I~t~tF:~c(239)3800 Via Del Rey · Bonita Springs, Florida 34134-7569 · EB/LB 0005151--[/, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DF, AN SMITH, P.E. DAVID W. SCH/vtlTI', P.E. M~C24Am, I. Dm,ATK P.E. NORMAN J. TREBILCOCK, A.LGP., P.E. MAI2HEW I. HERMANSON, p.E. D. WAYNE ARNOLD, ROBERT "BOB' THIIqNES, A.I.C.P. ERIC V. SANDOVAL, P$.M. S~-VE BURGESS, P$.M. MICHAEL L HARMON, PS.M. ALAN V. RGSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287680007 STRAP: 492618 037.0004B18 LEGAL DESCRIPTION PARCEL 22B - WHIPPOORWILL LANE (SKETCH B-1807-D 1) THE SOUTH 15 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 19,800 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED ~/. 7-6) ~/ MICHAEL L. HARMON --~E_.S.M. J;2904 STATE OF FLORIDA o 15. Ol '"-- i~IPPOORI4flLL LANE JUN 2 ~. ZO,.q3 ! EXECUTIVE SUMMARY APPROVE WORK ORDER # UC-054 WITH KYLE CONSTRUCTION, INC. IN THE AMOUNT OF $210,000.00 FOR CONSTRUCTION OF FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS AT PELICAN BAY WOODS IN PELICAN BAY, PROJECT NUMBER 74023. OBJECTIVE: To obtain approval of.Work Order # UC - 054 authorizing construction of fire and irrigation water system improvements at Pelican Bay Woods in Pelican Bay. CONSIDERATIONS: The preparation of construction plans and specifications has been completed and Public Utilities is in receipt of the necessary permits for construction in the final phase of the Pelican Bay Fire and Irrigation Water System Improvements. As a result, requests for proposals were issued for Pelican Bay Woods. These requests were solicited from contractors under the annual contract for Underground Utility Contracting Services [Contract # 02-3345, approved by the Board of County Commissioners (BCC) on May 28,2002, agenda item 16(E)(10)]. A summary of the proposals received is as follows: Contractor Amount · Kyle Construction, Inc. $ 210,000.00 · Mitchell & Stark Const. Co., Inc. $ 212,000.00 · Cross Country Underground, Inc. $ 220,724.00 Based upon a review of the proposals by staff, and the design professional, Focus Engineering, Inc. (letter attached), it is recommended that Work Order # UC-054 with Kyle Construction, Inc. in the amount of $210,000.00 be approved for construction of Fire and Irrigation Water System Improvements at Pelican Bay Woods in Pelican Bay. FISCAL IMPACT: The cost of the construction associated with Work Order # UC-054 is $210,000.00. Funding for this obligation is available in and is consistent with the FY03 Capital Budget approved by the BCC on September 18, 2002. This action is also consistent with the 2002 Wastewater Master Plan Update approved by the BCC on February 25, 2003, Agenda Item 10 (B). Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. Executive Summary Work Order # UC-054 Page 2 RECOMMENDATION.: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Work Order # UC-054 with Kyle Construction, Inc. in the amount of $210,000.00 for construction of Fire and Irrigation Water System Improvements at Pelican Bay Woods in Pelican Bay. 2. Authorize the Public Utilities Administrator to execute the Work Order. SUBMITTED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date: ./o.o3 REVIEWED BY: REVIEWED BY: ~(~6~ ~~:..~ Date:_ William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Steve '~amell,'~irector Purchasing Department - Ro.y/~B. Anderson, P.E., Director PuBlic Utilities Engineering Department APPROVED ~l~c ~U~i~y~dministrat Date Date ~t'c',r' AG[ ~DA IT£14~ ! JUI 2 2003 WORK ORDER # UC- 054 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #02-3345, Dated May 28, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bay Fire & Irrigation Water System Improvements Site: Pelican Bay Woods The work is specified in the proposal dated April 4, 2003.. from Kyle Construction, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC - 054 is assigned to Kyle Construction, Inc. Scope of Work: Perform services necessary to construct the improvements shown on the plans, including mobilization, maintenance of traffic, water and irrigation system improvements, chlorination and bacteriological tests and site restoration. Task I: Water and Irrigation System Improvements Schedule of Work: Complete within 45. Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in ac.cordance with the negotiated lump sum amount provided in the schedule below. Task I: $210,000.00 Total Fee · $210,000.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. NO AG~N A ]'TEN JUN 2 ~. 2003 Work Order # UC-054 Page 2 PREPARED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date REVIEWED BY: Roy/13. Anderson, P.E., Director P?lic Utilities Engineering Department Date APPROVED BY: ACCEPTED BY: James W. DeLogy, P.E., AdministratOr Public Utilities ~vision --Charles E. Abraham, Vice President Kyle Construction, Inc. Date Date Approved as to Form and Legal Sufficiency: Assistant County Attorney KYLE CONSTRUCTION, INC. 3636 PROSPECT A~E, NAPLES, FL 34104 Ph: 643-7059 Fax: 643-4679 COLLIER COUNTY PUBLIC UTILITIES DIVISION 03 APR-h PR h: 01 PROPOSAL DATE '4/4/2003 NAME/ADDRESS COLLIER COUNTY GOVERNMENT FINANCE DEPARTMENT 3301 E. TAMIAMI TRIAL NAPLES, FL 34112 I PROJECT PEL BAY FIRE & IRR SYS IMP PHASE 4B ITEM DESCRIPTION QTY UNIT COST TOTAL LUMP SUM PROPOSAL FOR PELICAN BAY WOODS I LS 210,000.00 210,000.00 Total ~,,oooo_oo AG~:NOA JU~ 2 4 2003 ' jun-13-03 08:28A Focus Engt'neertng ..... ' i 239 275 56]7 Change your focus and you change }'oltr world. June 1'3.2003 Harry Huber Collier Ccmnly Govcrnmcnl Center Naples, FI. RE: WORK ORDER # UC-054 PELICAN BAY WOODS Dear Hmxy: Focus Engineering has reviewed thc prol'~sals submitted lin the Fire And Irrigation Wut~- .qystem Improvements Ibr the area titled Pelican Ray Woods, located in Pelican Bay. We recommcnd Ihat Kyle Construction be awarded the contract tbr tiffs projcm based on their low bid and their pa.st performance on olher projects completed in Pelican Flay. .qincerely, FOCUS ENGINEERING, INC. Robert D. Vogel, P.E. EXECUTIVE SUMMARY ACCEPT UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF PHASE II OF THE SEWER INTERCONNECT PROJECT TO REDIRECT FLOW BETWEEN THE NORTH AND SOUTH COUNTY SEWER SYSTEMS AT A COST NOT TO EXCEED $550 (PROJECT NO. 73076). OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida (Collier County) approve the Donation Agreements and accept Utility Easements and Temporary Construction Easements from Halstatt Partnership, a Florida general partnership and Grey Oaks Country Club, Inc., a Florida corporation, in order to construct Phase II of the North South Sewer Interconnect. CONSIDERATIONS: During the County's peak demand season of 2000-2001, the North County Water Reclamation Facility experienced several overflow events that resulted in an FDEP Consent Order. In order to prevent similar overflow events and disruptions to sewer service from happening during future seasons, it is proposed to provide the means to reroute flows to other treatment facilities with available treatment capacity through the construction of new sewer interconnects. The Board of County Commissioners approved the construction of these sewer interconnects at its regular meeting on June 12, 2001, under Item 16C5. The Public Utilities Engineering Department is now preparing to construct Phase II of the Interconnect Project, which will require the acquisition of easements from Halstatt Partnership and Grey Oaks Country Club, Inc. Both entities have agreed to grant the required easements at no cost to the County. To ensure that Collier County's interests are protected, the easements will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to being recorded in the Public Records. FISCAL IMPACT: The total associated costs of $550 for recording fees, title work, etc. is budgeted in the Wastewater Capital Fund (413). Source of funds is sewer impact fees. Funding is from Project 73076, North-South Sewer Interconnect, which was approved by the Board as part of the FY 2003 Capital Budget on September 18, 2002, as Agenda Item 2. GROWTH MANAGEMENT IMPACT: This project involves optimizing available treatment capacity in response to growth. It is consistent with the Wastewater Master Plan Update adopted by the Board on February 25, 2003, as Agenda Item 10B. RECOMMENDATION: Staff is recommending the Board of County Commissioners, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida: EXECUTIVE SUMMARY Phase II - Western Sewer Interconnect Page 2 Approve and accept the Utility Easements and Temporary Construction Easements once they have been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; and Authorize Chairman Henning to execute the Donation Agreements and any and all documents related to this project and such other documents necessary for cleating title; and o Authorize staff to proceed with the related real estate closing transactions and authorize the Real Estate Services Department to record with the Clerk of Courts the easements and any and all documents (once approved by the County Attorney's Office) necessary for clearing title. Ton~A. M~tt, i~rX'dperty A~c~ui~i~ion & Sales Supervisor Real Estate Services 0 .__ REVIEWED Charles E. Carrington, J~'.~ SR/WA, Manager, Real Estate Servic~ REVIEWED Dan Rodriguez, int~ D~ctor Facilities Manappffflent Department DATE: _,~-" ~-'z~'._~ REVIEWED BY: :;~-,~,~,,'.~-~ff'- ~' ~~'--~z~/ Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department ~oy~.'Anderson, P.E., Director Public Utilities E)n/~~ Department APPROVED /~a~n~'~.~eL~ny~-P.E., ~lministrator DATE: ~_.-/o ---0 5 JUN 2 2003 EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT AN AMENDED UTILITY EASEMENT FOR THE PHASE I SEWER INTERCONNECT PROJECT WHICH REDIRECTS FLOWS BETWEEN THE NORTH AND SOUTH COUNTY SEWER SYSTEMS AT A COST NOT TO EXCEED $500. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the County Water-Sewer District of Collier County, Florida, ("County") approve a Donation Agreement and accept an Amended Utility Easement from Halstatt Partnership, a Florida general partnership. CONSIDERATIONS: At the June 12, 2001 Board Meeting, under Item 16(C)5, the Board of County Commissioners accepted and approved recording a Utility Easement and Temporary Construction Easement from Halstatt Partnership for the construction of a pump station and pipeline for Phase I of the Sewer Interconnect Project. The pump station was partially constructed outside the easement boundaries and Halstatt Partnership has agreed to amend the easement, at no additional cost, to cover the as-built facilities. To ensure that the County's interests are protected, the Amended Utility Easement will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to it being recorded in the Collier County Public Records. FISCAL IMPACT: The total associated costs of recording fees, title work, etc. should not exceed $500 and is budgeted in the Wastewater Capital Fund (413). Source of Funds is sewer impact fees. Funding is from Project 73076, The North-South Sewer Interconnect, which was approved by the Board as part of the FY 2003 Capital Budget on September 18, 2002, as Agenda Item 2. The County will recover all costs to correct the easement from the contractor or engineer. GROWTH MANAGEMENT IMPACT: This project involves optimizing available treatment capacity in response to growth. It is consistent with the Wastewater Master Plan Update adopted by the Board on February 25, 2003, as Agenda Item 10(B). RECOMMENDATION: Staff is recommending that the Board of County Commissioners, acting as the ex officio governing board of the County Water-Sewer District of Collier County, Florida: Approve and accept the Amended Utility Easement once it has been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; and Authorize Chairman Henning to execute the Donation Agreement and any and all documents related to this project and such other documents necessary for clearing title; and EXECUTIVE SUMMARY Phase I - Western Sewer Interconnect Page 2 Authorize staff to proceed with the related real estate closing transaction and authorize the Real Estate Services Department staff to record with the Clerk of Courts the easement and any and all other documents (once approved by the County Attorney's Office) that might be required for clearing of title. Ton~'~.. M0tt, PrOperty Acquisition & Sales Supervisor Real Estate Services REVIEWED BY: REVIEWED BY: DATE: ~?'-ti ~0,...% DATE: REVIEWED BY: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department DATE: Ro/ffB. Anderson, P.E., Director Public Utili~/~E~Department y Jan~es W. DeL0ny, P. E24~dministrator lic Utilities Divisi6n DATE: DATE: JUN 2 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $56,008.40 FOR TRANSFERRING FUNDS FROM UNINCORPORATED GENERAL FUND, FUND 111, TO WATER AND WASTEWATER IMPACT FEES, FUNDS 411 AND 413, RESPECTIVELY, TO REIMBURSE THESE FUNDS FOR CONSULTANT SERVICES PERFORMED FOR AREAS OUTSIDE OF THE COUNTY WATER-SEWER DISTRICT. OBJECTIVE: To obtain approval of a budget amendment to transfer funds from the Unincorporated-area MSTD General Fund, Fund 111 reserves, to Public Utilities Water and Wastewater Impact Fees, Funds 411 and 413, respectively, for the purpose of reimbursing these funds for previously-completed and upcoming Growth Management Plan (GMP)-related projects that included areas outside of the County Water-Sewer Service Area. CONSIDERATIONS: The consulting fees for one previously-completed project and one upcoming project, both of which are GMP-related, but were and are contracted to be performed by PUED's fixed-term engineering consultant, Greeley and Hansen, account for the total of the funds to be reimbursed. Of the services already provided and to be provided, 35 percent is for work outside of the County Water-Sewer District, based on workload allocation. Each project, and the proportion of the $56,008.40 total that can be attributed to each, are explained below. The previously-completed work was the project entitled Growth Management Plan-Sanitary Sewer and Potable Water Sub-elements Update and Reclaimed Water Sub-element, for which the resulting GMP amendments were adopted by the Board of County Commissioners as Agenda Item 8.B. on February 11, 2003. Because the information contributing to this work originated from the Water and Wastewater Master Plans, the Sub-element work is funded within the same project numbers as the Master Plans: 70070 within Water Impact Fees (Fund 411), and 73066 within Wastewater Impact Fees (Fund 413). While the total consulting fees for this Sub-element project were $112,500, the 35-percent proportion of these past fees that are to be borne by the Unincorporated-area MSTD General Fund, Fund 111 reserves, is $39,375. These funds will be transferred and divided equally into Water and Wastewater Impact Fees, Funds 411 and 413, as shown in the table within Fiscal Impact. The upcoming project, the 10-Year Water Supply Facilities Work Plan, is initially being fully funded in-full from Water Impact Fees. The budget amendment for this project was approved by the Board of County Commissioners on May 27, 2003 as Agenda Item 16.C.1. The Executive Summary for the 1 O-Year Water Supply Facilities Work Plan (Plan) stated that while the initial funding for the Plan would be from Water Impact Fees, an agreement would be executed within the next 30 days that would cover the funding of work outside of the Water-Sewer District. The total consulting fees for this project are $47,524. Therefore, the 35-percent propo__~ion of these fees that is to be transferred from Unincorporated-Area MSTD General Fund, FL~d into Water Impact Fees, Fund 411, will be $16,633.40. The total of reimb~sablb~¢ees from/~ JUN 2 q 2003 Executive Summary Approve Work Order Page 2 previously-completed and upcoming work is then the addition of the two amounts, which totals $56,008.40. FISCAL IMPACT: Funds in the amount of $56,008.40 will be transferred from Unincorporated-area MSTD General Fund, Fund 111 reserves, to Public Utilities Water and Wastewater Impact Fees. The cost center from which these funds will originate is 111-919010. The transfer will reimburse the Impact Fee funds for the GMP-related projects as tabulated below: ACCOUNTING TABLE OF TRANSFERRED FUNDS Project No. within Transferring Receiving Receiving Receiving Project Name within Transferred Fund-Cost Fund Fund Name Fund Receivin~ Fund Fee Center Fund 411 Water 70070 Potable Water Sub-element $19,687.50 Fund 111- Impact Update 919010 Fund 411. Water 70175 10-Year Water Supply $16,633.40 Fund 111- Impact Facilities Work Plan 919010 Fund 413 Wastewater 73066 Sanitary Sewer&Reclaimed $19,687.50 Fund 111- Impact Water Sub-element Update 919010 TOTAL TRANFERRED = $56.008.40 The Water and Wastewater Impact Fees (Fund 413) reimbursement for the GMP Sub-element Updates is based on each fund receiving one-half the 35-percent proportion of the total for previously-completed work on the Sub-elements of the GMP. The reimbursement to Water Impact Fees (Fund 411) for the 10-Year Water Supply Facilities Work Plan is comprised of 35- percent proportions of both the budgeted fee for the Plan and one-half of the total for previously- completed work on Sub-elements of the GMP. The total of the transferred fees column of the above table is $56,008.40. GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan resulting from this action. RECOMMENDATIONS: funds from the Unincorporated-area MSTD General Fund, Fund 111 reserves, t( Water and Wastewater Impact Fees, Funds 411 and 413., and approve the ne budget amendments. That the Board of County Commissioners approve the transfer of Pfibli~' Utilities cessa~y ,~xecutive Summary Approve Work Order Page 3 SUBMITTED BY: Ivy Wylie, P.E. Planning Engineer Public Utilities Engineering Department DATE: 6 / (/4? REVIEWED BY: · Anderson, P.E., Director Public Utilities Engineering Department DATE: REVIEWED BY: DATE: nistrator (Zo~unity Development and Environmental Services Department REVIEWED BY: Michael Smykowski, Budget Director Office of Management and Budget .J-' - james W. DeLony, P.E., Ad/fiinistrator (/ ' Publlc Utilities Division / DATE: AG[NQA IT£M t · / ] JUN 2 200 "'[ EXECUTIVE SUMMARY APPROVE WORK ORDER # UC-055 WITH KYLE CONSTRUCTION, INC. IN THE AMOUNT OF $240,000.00 FOR CONSTRUCTION OF FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS AT OAKMONT IN PELICAN BAY, PROJECT NUMBER 74023. OBJECTIVE: To obtain approval of Work Order # UC - 055 authorizing construction of fire and irrigation water system improvements at Oakmont in Pelican Bay. CONSIDERATIONS: The preparation of construction plans and specifications has been completed and Public Utilities is in receipt of the necessary permits for construction in the final phase of the Pelican Bay Fire and Irrigation Water System Improvements. As a result, requests for proposals were issued for Oakmont. These proposals were solicited from contractors under the annual contract for Underground Utility Contracting Services [Contract # 02-3345, approved by the Board of County Commissioners (BCC) on May 28,2002, agenda item 16(E)(10)]. A summary of the proposals received is as follows: Contractor Amount · Kyle Construction, Inc. $ 240,000.00 · Mitchell & Stark Const. Co., Inc. $ 244,000.00 · Cross Country Underground, Inc. $ 603,880.50 Based upon a review of the proposals by staff, and the design professional, Focus Engineering, Inc. (letter attached), it is recommended that Work Order # UC-055 with Kyle Construction, Inc. in the amount of $240,000.00 be approved for construction of Fire and Irrigation Water System Improvements at Oakmont in Pelican Bay. FISCAL IMPACT: The cost of the construction associated with Work Order # UC-055 is $240,000.00. Funding for this obligation is available in and is consistent with the FY03 Capital Budget approved by the BCC on September 18, 2002. This action is also consistent with the 2002 Wastewater Master Plan Update approved by the BCC on February 25, 2003, Agenda Item 10 (B). Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. Executive Summary Work Order # UC-055 Page 2 RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Work Order # UC-055 with Kyle Construction, Inc. in the amount of $240,000.00 for construction of Fire and Irrigation Water System Improvements at Oakmont in Pelican Bay. 2. Authorize the Public Utilities Administrator to execute the Work Order. SUBMITTED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date: ~'./0'. 0.3 REVIEWED B Y: William D. Mu~l~, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Steve C~'nell, Director Purchasing Department Roy/B. Anderson, P.E., Director Public Utilities Engineering Department APPROVED BY: ~'~~~~-~~ or ~Sc ~ti 1Dj t?' eL°s ~)iY~iPsioE~' ~nistrat JUN 2 2003 WORK ORDER # UC- 055 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #02-3345, Dated May 28, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bay Fire & Irrigation Water System Improvements Site: Oakmont The work is specified in the proposal dated April 47 2003.. from Kyle Construction, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC '- 055 is assigned to Kyle Construction, Inc. Scope of Work: Perform services necessary to construct the improvements shown on the plans, including mobilization, maintenance of traffic, water and irrigation system improvements, chlorination and bacteriological tests and site restoration. Task I: Water and Irrigation System Improvements Schedule of Work: Complete within 60 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $240,000.00 Total Fee: $240,000.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. JUN 2 z~ 2003 Work Order # UC-055 Page 2 PREPARED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date REVIEWED BY: Ro.y.~..A..nderson, P.E., Director Pubhc Utilities Engineering Department Date APPROVED BY: ACCEPTED BY: James W. DeLony, P.E., Administrator Kyle Construction, Inc. Date Date Approved as to Form and Legal Sufficiency: Assistant County Attorney JUN 2 z~ 2003 KYLE CONSTRUCTION, INC, 3636 PROSPECT AVE. NAPLES, FL 34104 Ph: 643-7059 Fax: 643-4679 COLLIER COUNTY PUBLIC UTILITIES DIVISION 03 APR-4 PM h:OI PROPOSAL DATE 4/4/2003 NAME I ADDRESS COLLIER COUNTY GOVERNMENT FINANCE DEPARTMENT 3301 E. TAMIAMI TRIAL NAPLES, FL 34112 J PROJECT PEL BAY FIRE & IRR SYS IMP PHASE 4B ITEM DESCRIPTION QTY UNIT COST TOTAL LUMP SUM PROPOSAL FOR OAKMONT I LS 240,000.00 240,000.00 Total$240,000.00 JUN 2 q 2003 ~_13~03 08~29A Focus Engineering ,. * '1'239'275 5617 ..... P.03 Change your fOCUS and you change your world. Junc 13.2003 Harry Huher Collier C()unty Government Center Naples, Fl. RE: WORK ()RI)ER # [IC-055 OAKMONT Dear Harry: Focus Enginccring has reviewed thc proposals submittcd lbr the Fire And ln'igation Water System Improv¢lBcnt$ for the area titled Oakmont. located in Pelican Bay. Wc ~ommend that K.ylc Construction be awarded the contract tbr this project b~cd on their Iow bid and lhcir past perlbrmancc on other pr0~ts completed in Pelican Bay. Sincerely, FOCUS EN(;I N I,;ERING, INC. Robert D. Vogel, P.E. ,c;ta~l:. E.-37 PI. M¥~-It~. FL 33~l TD "' ' ' ' r^x 230.275.51117 NO.~. /'~ ~---[.~1 JUN 2 2003/ EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWP~~) EXPANSION TO 24.1-MILLION GALLONS PER DAY (MGD) MAXIMUM MONTH AVERAGE DAILY FLOW (MMADF) SOLIDS STREAM; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, PROJECT 739502, AT NO COST. OBJECTIVE: To approve a resolution authorizing the submittal of a low-interest rate loan application to the FDEP for expansion of the Solids Stream of the NCWRF to a capacity of 24.1- MGD Maximum Month Average Daily Flow (MMADF), and designating authorized representatives. CONSIDERATIONS: During the 2000-2001 peak winter season, the NCWRF experienced sewage capacity overflow events. These events resulted in an FDEP Consent Order. The Consent Order fully executed by the Board and the FDEP on April 10, 2001, Item 8(C)(1), and later amended July 30, 2002, Item 16(C)(16) and March 25, 2003, Item 10 C, mandates that an expansion of the NCWRF to 24.1-mgd MMADF be operational no later than September 30, 2005. This will be accomplished in three phases. The construction of the Liquid Stream phase was awarded by the Board on December 17, 2002, Item 10(C) and commenced on March 17, 2003. The companion Solids Stream phase will be bid in June 2003, and will be brought to the Board for approval in September 2003. These two combined phases will result in an expanded capacity of 24.1-mgd MMADF. A future Liquid and Solids Stream expansion phase to 30.6- MGD MMADF will be implemented by January 1, 2016 or sooner if capacity needs to be increased. This project is included in the FY 03 budget adopted by the Board of County Commissioners on September 18, 2002. Collier County is seeking a Iow-interest State Revolving Fund (SRF) construction loan from the FDEP. These funds will be used for construction loan funding. The current SRF interest rate is 2.90%. Alternatively, the conventional public-issue borrowing is likely to be around 4.85% resulting in an estimated savings in excess of $3,000,000 in debt service over the life of the loan. FISCAL IMPACT: This SRF funding source will be instrumental in allowing Collier County to proceed with this project. The cost estimate for the project is approximately $18,923,000 (including a loan servicing fee of $466,000, allowances for contingency and technical services during construction) to construct the NCWRF Expansion To 24. !-mgd MMADF (Solids Stream) to meet the requirements set forth in the Consent Order. The debt is expected to be paid over a period of 20 years with an estimated annual payment of $1,456,000 commencing from FY 06. The source of funding to meet the debt service is Sewer Impact Fee Fund 413. AG£NOA )'TEN .o.. JUN 2 ,2003 PG. GROWTH MANAGEMENT IMPACT: The expansion of the NCWRF is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003, Item 10 B. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the attached Resolution. Prepared By: Date: Bal~M. Sridhar, Sr. Management& Budget Analyst Public Utilities Division Reviewed By: '~~/~/~5~,er Date: Tho(nas Wides, Ope~ati0ns Director PubIic Utilities Divison Peter Schalt, PMP, Senior Project Manager Public Utilities Engineering Department Reviewed By:. ~ Date: Bill Mullin, P.E.,Principal Project Manager Public Utilities Engineering Department eview y: Roy B'. Anderson, P.E., Direc~c. Iq,r Public Utilities En_gin~ee~D~artment Approved By: '~~,~~- /,.-4~me~ W. DeLony~ P.E., A, gl~inistrator ~.~~'c Utilities Division ! JUN 2 4 2003 PG'i,~ ~, RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMblISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABIL1TY, AND EFFECTIVE DATE. WHEREAS, Florida Statues provide for loans to local government agencies to finance the planning, design administration and construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WWG12059715L 03 as eligible for available funding; and WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: SECTION 1. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District is authorized to apply for a construction loan to finance the North County WRF Expansion to 24.1 MGD - Solid Stream Phase lB. SECTION 3. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's net operating revenues and Wastewater System Development fees. SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby designated the authorized representative to provide the assurances and commitments required by the loan application. SECTION 5. The Division Administrator of the Collier County Public Utilities is hereby designated as the authorized representative to execute the loan agreement, which will become a binding obligation in accordance with its terms when signed by both parties. The Division Administrator of the Collier County Public Utilities is hereby authorized to represent the Collier County Water-Sewer District in carrying out the Collier County Water-Sewer District's responsibilities under the loan agreement. SECTION 6. The Division Administrator of the Collier County Public Utilities is hereby authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative activities associated with the loan agreement. SECTION 7. The legal authority for borrowing moneys to construct this Project is Florida Statutes. SECTION 8. Conflicts. All Resolutions or part of Resolutiona irt conflict with any of the provisions of this Resolution are hereby repealed. SECTION 9. Severability. If any Section or portion cfa Section of this Resolution is determined to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. SECTION 10. Effective Date. This Resolution shall become effective immediately upon its adoption. AG£nDA[T£~ . ,. JUN 2 4 2003 PG. ~.~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .. day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BY Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY TOM HENNING, Chairman Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attorney AGE~4DA IT£~ /! JUN 2 2003 I;'{3,_ ~ EXECUTIVE SUMMARY DEFER A WORK ORDER AMENDMENT, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON & MOORE ENGINEERS FOR HIDEAWAY BEACH ACCESS IMPROVEMENTS, PROJECT 90511, WITHIN EXISTING WORK ORDER BUDGET OBJECTIVE: To obtain Board of County Commissioners approval to defer a work order with Humiston & Moore Engineers. CONSIDERATIONS: On September 1 I, 2001, Agenda Item 16.C.13, the BCC approved the Hideaway Beach Access Improvements project with a budget of $401,000. A work order and purchase order were issued to Humiston & Moore (H&M) Engineers for $76,000 to design the combination boardwalk and sand placement and to go through the permitting process. This work order is based on time and materials not to exceed $76,000. The permit application was submitted to the FL Department of Environmental Protection (FDEP) in early January 2003. Subsequently FDEP sent a letter dated February 7, 2003 indicating that it would be difficult to justify a permit for this project and that an inland route for providing public access had been observed by reviewing the aerial photography of the area. This proposal is for a walking route on private property and has been ruled out by the owners in the past. On February 21, 2003, the CAC voted unanimously to suspend the Hideaway Beach Access Improvements project due to the environmental concerns expressed by FDEP, the Conservancy, the Florida Wildlife Federation, the Friends of Tigertail and the general public. The Tourist Development Council voted unanimously in support of the CAC recommendation on February 24, 2003. This recommendation includes 1) withdrawing the permit application from FDEP (completed) and 2) studying the environmental issues for potentially re-designing the project (subject of this executive summary). Humiston & Moore Engineers has proposed conducting the environmental studies with a time & materials estimate of $25,000 and within the original $76,000 work order. The Coastal Advisory Committee recommended approval of this work order amendment at their meeting on May 8, 2003. The Tourist Development Council recommended approval of this work order amendment at their meeting on May 28, 2003. The Board of County Commissioners approved the Beach Access Master Plan at their meeting on May 27, 2003. During that meeting, direction was provided to develop a funding policy based on public access and use. Staff was also directed not to let the policy issues impact the schedules of any beach maintenance projects. This project is proposed for public access and not beach maintenance. FISCAL IMPACT: The source of funds is the Tourist Tax and no additional funds are required this time. i-- A~.OA ~T~M at · / ~, ~ NO.._.._.______. ' I JUN 2q2003 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners defer a work order amendment with Humiston & Moore Engineers for the Hideaway Beach Access Improvements project pending the approval of a funding policy. SUBMITTED BY: ~ Date: ~///f:~ Ron Hovell, ~,,~, Coastal Projects Manager REVIEWED BY: :~//~ &:-~'"'~ .. Date: ~./~/.r~ RD _~B. Anderson, P.E., Public Utilities Engineering L~lrecto · Stephen Y. ~arne_ll, ~PufcCfia~s{ng/Genera1 Services Director - JUN 2 q 2003 WORK ORDER #HM-FT-02-09 Amendment #1,. Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Access Improvements (90511):. The work is specified in the proposals dated July 30, 2002 and April 4, 2003, which are attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM- FT-02-09 is assigned to Humiston & Moore Engineers. Scope of Work: a. Task I -Develop preliminary plan b. Task II - Consultation with federal and state interests c. Task III - Prepare engineering plan, permit drawings and applications d. Task IV - Respond to requests for additional information e. Task V - Prepare plans and specifications f. Task VI - Environmental Studies Schedule of Work: Complete Task VI within 90 days of purchase order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). This compensation schedule supercedes the original work order compensation schedule. Task I .Task II Task III Task IV Task V Task VI TOTAL $21,274.07 (time and materials) $3,750.93 (time and materials) $5,710.00 (time and materials) $9,810.00 (time and materials) $10,455.00 (time and materials) $25,000.00 (time and materials) $76,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedu~;~ ~e//~_..~'/O_~ PREPARED BY: yc.f. ~- [c.r6, . Date Ron Hovell~ Coastal Projects Manager REVIEWED BY: Roy//~. Anderson, P.E., PUED Director / Date AUTHORIZED BY: James W. DeLony, P.E., Date Public Utilities Administrator ACCEPTED BY: Humiston & Moore Engineers Authorized Company Officer Date Ken Humiston, P.E., President Type or Print Name and Title JUN 2 2003 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PE~MITIING 5679 STRAND COUR'I; UNIT II0 N,N:I.ES, FLORIDA 34110 FAX: 941 5~I 2025 PHONE: 941 594 2021 July 30, 2002 Mr. Ron Hovell, P.E. Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Re: Marco Island Beach Access Improvements, Design and Permitting, Task Cost Breakdown, H&M File No. 12051 Dear Rom As requested, we are providing you with this revised proposal, showing the cost for each task, to design and coordinate permitting issues for the referenced project. More specifically, this project consists of the improvement of pedestrian access between Tigertail Beach County Park and the shoreline north of the park including the shoreline of Big Marco Pass. A significant element of this project will be addressing environmental issues. The project area lies along the edge of the lagoon behind Sand Dollar Island which has been recognized as an important habitat for a number of shorebird species. The pedestrian access will have to be reestablished along the east side of the lagoon, which is an intertidal area that is an important element of this shore bird habitat. This is an issue which could result in the need for preparation of a Biological Opinion by the U.S. Fish & Wildlife Service (USF&WS), which would substantially affect the permitting process. We propose to scheduling pre-application meetings with regulatory agencies, including the Florida Department of Environmental Protection (FDEP), the Florida Fish & Wildlife Conservation Commission (FWCC), the U.S. Army Corps of Engineers (USACOE), and the USF&WS. These consultations will provide preliminary feedback to assess the feasibility of the permitting approach from a regulatory standpoint. There are several alternatives that have been proposed for improving this access. Since pedestrian access previously existed as a natural beach in this area, restoring that beach is one option. The other approach would be a pedestrian boardwalk. At this time we recommend an approach which would be a combination of the two: restoring a portion of the beach and providing access AGEI~DA ITEM NO · ~L~--/--~ JUN 2 q 20Q3 along the remainder of the shoreline with a boardwalk. This combination may provide the best opportunity to address various agency concerns. The proposed scope of work is as follows: Conduct a site survey and prepare a preliminary plan consisting of beach restoration in front of the waterfront homes at the north end of the access reach, and a boardwalk across the intertidal area at the south end of the access reach. A separate shorter section of boardwalk would be provided for crossing Little Clam Pass. Estimated Cost .... · ................................... $ 38,790 Consultation with: DEP, FWCC, (DEP consultation will include the staff at the Rookery Bay National Estuarine Research Reserve. USACOE, USF&WS Estimated Cost ....................................... $11,235 3. Prepare an engineering plan, permit drawings, and submit permit applications. Estimated Cost ....................................... $ 5,710 4. Respond to agency requests for additional information. Estimated Cost ....................................... $ 9,810 5. prepare Construction Plans and Specifications. Estimated Cost ....................................... $10,455 Estimated Total Cost .............................. $ 76,000 We will coordinate with the Collier County Natural Resources staff on local resource issues. We will rely on Collier County to provide any relevant existing data, such as water quality monitoring data, sea turtle nesting data, or other local resource data that may be available. We propose to provide these services on a time and materials basis in accordance with the terms of our Fixed Term Professional Engineering Services for Coastal Zone Management Projects Contract #01-3271. We recommend a budget of $76,000 as indicated above for these services. Any services not contemplated as listed above, including surveys and studies requested by HU~IST~N & MOORE ENC~EEI~$ ' N^PLE$. FL<::)~ID~ JUN 2 Z~ 2003 P~. . ~ regulatory agencies, or coordination during the preparation of a Biological Opinion should that be determined necessary, will be billed as additional services in accordance with the fee schedule as included in our Fixed Term Professional Engineering Services for Coastal Zone Management Projects Contract #01-3271. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. HUMISTON & MOORE ENGINEERS · NAPLES, FLORIDA HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COURT NAPLES. FLORIDA 341 I 0 FAX: 239 594 2025 PHONE: 239 594. 2021 Apdl 4, 2003 Mr. Ron Hovell, P.E. Collier County Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 33962 Sent via Fax 530-5378, t page Re: Request for Change Order for Environmental Studies, Hideaway beach/Tigertail Beach Access, H&M File No. 12051. As requested, we are providing the following Change Order request for the referenced project. The original budget for this project was prepared with an understanding of the potential need for additional studies and project modification. Consequently, there are more than sufficient funds remaining in the budget to cover the estimated cost of the environmental studies at this time. This request is therefore for a zero-balance Change Order. The following is a summary of the existing budget status and suggested reallocation of funds for the environmental study: BILLED NEW ORIGINAL THROUGH REMAINING REMAINING TASK DESCRIPTION BUDGET Mar-03 BUDGET CHANGE BUDGET 1 PRELIMINARY PLAN 38,790.00 21,274.07 17,515.93 -17,515.93 0.00 2 AGENCY CONSULTATIONS 11,235.00 1,675.35 9,559.65 -7,484.07 2~075.58 3 PLANS, PERMITING 5,710.00 162.80 5,547.20 5,547.20 4 RAI RESPONSE 9,810.00 1,411.23 8~398.77 8,398.77 5 PLANS & SPECIFICATIONS 10,455.00 0.00 10,455.00 10,455.00 NE'W ENVIRONMENTAL STUDIES 25,000.00 25,000.00 TOTALS 76,000.00 24,523.45 51,476.55 0.00 51,476.55 Please call if you have any questions. Sincerely Yours, HUMISTON & MOORE ENGINEERS COPY Kenneth K. Humiston, P.E. AGENDA [T£I'~1 --,."~ ,0._ JUN 2 20B3 Scope of Work for Environmental Studies, Hideaway Beach/Tigertail Beach Access, H&M File No. i2051. This scope of work is for environmental studies and preparation of a report to Collier County for the purpose of evaluating potential impacts from improving lateral beach access between the Tigertail Beach County Park and Hideaway Beach. The purpose of this study is to map environmental resources in the project area which may potentially be affected by beach access improvements, and to evaluate access alternatives that might minimize or mitigate those impacts. This scope of work has been prepared to be consistent with information needed to respond to the Florida Department of Environmental Protection (DEP January 22, 2003 Request for Additional Information (PAl). Scope of Work: I. Topographic and Hydrographic Surveys A. Locate mean high water and mean Iow water along the shoreline in the project area. B. Map the topography and hydrography to 500 feet offshore, and locate and determine the elevations of upland hydrologic drainage channels. I1. II1. Ecological Assessment A. Conduct field work to map vegetation communities per Florida Land Use, Cover and Forms Classification System, flag DEP and Corps of Engineers jurisdictional wetlands and meet on site with agencies to confirm jurisdictional boundaries. B. Map aquatic biological communities including sea grasses, hard bottom, and benthic communities. Provide a summary of bird use of the area. This should include both listed and non listed species. A. For the general vicinity of Hideaway Beach, Tigertail Beach, Sand Dollar Island, the embayment between Sand Dollar Island and the shoreline, and nearby emergent shoals. B. For the more localized' area in the immediate vicinity of the proposed activity, which is the nearshore and intertidal shoreline as well as the mangrove fringe along the shoreline from the north end of Tigertail Beach Park to South Point at the west end of Hideaway Beach. C. Provide information regarding the characteristics of this area which make it attractive to shore birds. Page 1 of 2 AGENDA IT[It '"./.: JUN 2 2003 IV. Provide an evaluation of the proposed beach access project with regard to potential impacts. A. Impacts to habitat and species inhabiting the project area, including short term temporary effects from construction activity, such as turbidity from beach restoration, as well as long term effects of habitat atteration. B. Evaluate the level of impact that has occurred in the mangrove community at the north end of the project area where a beach berm was constructed during the 1991 beach project, and enhanced with the 1997 T-groin and beach renourishment project. The potential impact evaluation will include the project as described in the DEP application, as well as other alternatives which have been considered. Page 2 of 2 JUN 2 4 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Hideaway Beach Access Improvements PROJECT#: 90511 BID/RFP #: Work Order HM-FT-02-09 MODIFICATION #.' 1 NAME OF FIRM: Humiston & Moore En,qineers CONTRACT AMOUNT: ORIGINAL $ 76,000.00 CURRENT $76,000.00 CURRENT COMPLETION DATE(S): ORIGINAL: as directed CURRENT: as directed SUMMARY OF PROPOSED CHANGE(S): The ori.qinal work order was based on a time & materials estimate to desiqn and permit the subiect project. H&M has proposed conductinq environmental studies within the ofiqinally estimated $76,000. JUSTIFICATION FOR CHANGE(S): A budqet of $401,000 was approved by the BCC on 11Sep01. An initial $76,000 work order for desiqn and permittin.q en.qineerin.q services was issued on 29Au.q02. The initial work order to Humiston & Moore Enqineers was to develop a preliminary plan, consult with state and federal officials, prepare an en.qineerin.q plan and permit applications, to respond to requests for additional information, and to prepare the construction plans and specifications. The proposal to conduct environmental studies within the same $76,000 bud.qet is in line with respondinR to requests for additional information. PARTIES CONTACTED REGARDING THE CHANGE: Ken Humiston, Humiston & Moore En.qineers Lyn Wood, PURCHASING, IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement __ Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Date: COMMENTS: AGENDA' .o. l/. JUN 2 EXECUTIVE SUMMARY APPROVE AN ENGINEERING SERVICES WORK ORDER, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH HUMISTON & MOORE ENGINEERS FOR HIDEAWAY BEACH RENOURISHMENT PERMITTING, PROJECT 90502, IN THE AMOUNT OF $103,000 OBJECTIVE: To obtain Board of County Commissioners approval to execute a work order with Humiston & Moore Engineers for the phase 2 engineering services related to designing and permitting the Hideaway Beach Renourishment. CONSIDERATIONS: On September 11, 2001, agenda item 16.C.13, the BCC approved the Hideaway Beach Renourishment design and permitting with a budget of $335,500. On March 25, 2003, agenda item 10.K, the BCC approved a budget amendment of $165,500 bringing the total budget to $501,000. A work order for $85,220 was negotiated under a fixed term contract with Humiston & Moore Cfi&M) Engineers to design a beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco Point. The next phase involves applying for the permits and responding to permitting agencies' requests for additional information. Coastal Planning & Engineering (CP&E) has been issued a work order for $210,448 to complete an offshore sand search for the renoufishment of Hideaway Beach. The Coastal Advisory Committee recommended approval of this work order amendment at their meeting on June 12, 2003. The Tourist Development Council is scheduled to hear this issue at their meeting on June 23, 2003. The Board of County Commissioners deferred funding of the construction phase of this project but indicated that policy issues should not interfere with the project schedule. This work order is needed at this time in order to stay on schedule. FISCAL IMPACT: The $103,000 is available from the project budget that has a current unencumbered balance of $205,332. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a work order with Humiston & Moore Engineers for the Hideaway Beach Renourishment project in the amount of $103,000 and authorize the Chairman to execute the work order. JUN 2 ~ 2003 PG. Ron 'ects Manager REVIEWED BY: Roy ~. Anderson, P.E., Public ' Utilities Engineering Director REVIEWED BY: ~~tq~ ,6~, . ~'/~.~//~ Date: ~(I 3/~Q Steph~n Y. Cgm~l~ P~sin~General Se~ices Director ~;~ w. ~O~y, m.7~,i~ Utilities Admi~s~atov WORK ORDER #HM-FT-03-02 Agreement for Fixed Term Professional Engineering Services for Coastal Zone iS, lanagement Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Re-nourishment, Phase 2 - Permitting. The work is specified in the proposal dated June 6, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM-FT-03-02 is assigned to Humiston & Moore Engineers. Scope of Work: a. Task I -Preparation of permit applications b. Task II - Coordination meetings and responding to requests for additional information Schedule of Work: Complete Task I within 60 days of issuance of the purchase order. Com~ation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). TaskI $ 21,600.00 (lump sum) Task II $ 81,400.00 (time and materials) TOTAL $103,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A' of the Agreement. PREPARED BY: ~ Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: Roy B. Anderson, P.E., PUED Director Date REVIEWED BY: James W. DeLony, Public Utilities Administrator Date ACCEPTED BY: Humiston & Moore Engineers Authorized Company Officer Ken Humiston, P.E., President Type or Print Name and Title ACCEPTED BY: Tom Henning, Chairman Date Collier County Board of County Commissioners Approved as to Form and Legal Sufficiency: Assistant County Attorney HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COURT NAPLES, FLORIDA 34110 FAX: 239 594 2025 PHONE: 239 594. 2021 June 6, 2003 Mr. Ron Hovell, P.E. Collier County Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 33962 Sent via Fax 732-2526 2 pages Re: Hideaway Beach Nourishment, Phase II - Permitting, H&M File No. 12O28 Dear Ron: As requested, we are providing this proposal for Phase II, the Permitting Phase of the Hideaway Beach Restoration project. The project consists of placement of approximately 240,000 cubic yards of sand and stabilization with erosion control structures at South Point and at Royal Marco Point. Scope of Services Basic Services. The scope of work includes preparation of permit applications and supporting documentation, including permit drawings, technical design documentation, supporting wave refraction and sand transport analysis results, Joint Coastal Permitting (JCP) application forms, property ownership information and authorizations, and submittal to the State of Florida Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers (ACOE). Applications will also be provided directly to the Florida Wildlife Conservation Commission (FWC) for coordination with the DEP, and to the U.S. Fish & Wildlife Service (USFWS) for coordination with the ACOE. Lump Sum Cost ......................................................................... $ 21,600 Additional Services. The recommended budget for this scope of work includes coordination and meetings (up to 4 meetings in Tallahassee or Jacksonville) with the agencies during the application review process and responding with supplemental information as may be requested by the agencies to facilitate the application review process, and establishment of an Erosion Control Line?~;~h~'; ~T~ recommended budget includes anticipated meetings and coordination v~ith,~the/(- ~- ~'~ Page 1 of 2 J JUN 2 ~. 2003 USFWS and the FWC, meetings with client, attending monthly Coastal Advisory Committee meetings, meetings with property owners, presentations, or other tasks as may be required by the County. Recommended Budget .............................................................. $ 81,400 Total Engineering Services Budget for the Permitting Phase ............... $ 103,000 Additional Services not anticipated but which may be required by agencies are not included in the recommended budget. Such services may include any additional environmental studies or dynamic modeling, data collection, analysis, or modification of the existing USFWS Biological Opinion, as may be deemed necessary by the agencies. If such additional services are required a budget recommendation will be provided when the scope of such additional tasks is defined. Collier County will be responsible for permit application fees. The amount of those fees will be determined by DEP at the time of application, however, based on 62b-41.0085 F.A.C., we estimate the fee for the beach fill will be approximately $10,000 and the fee for the erosion control structures may range from $10,000 to $42,500 depending on how DEP computes the fee. We will bill the County monthly for Basic Services on a Lump Sum basis according to percentage completion of the Basic services tasks described above, and monthly for Additional Services on a time and materials basis, in accordance with our Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01- 3271). The time required for obtaining permits for a project of this scope will be dependent on the agency review process and may be affected comments from the USFWS and FWC Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Page 2 of 2 HUMISTON & MOOI~E ENGINEERS · NAPLES, FLORIDA JUN 2 ~ 2~3 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $131,289 AND TWO WORK ORDERS, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING FOR SAND SEARCH PHASE 3 AND MARINE RESOURCES INVESTIGATION AS PART OF COUNTY-WIDE SAND SEARCH, PROJECT 90527, IN THE TOTAL AMOUNT OF $899,000 OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment in the amount of $131,289 and two work orders with Coastal Planning & Engineering for offshore sand search phase 3 and marine resources investigation as part of the county-wide sand search in the total amount of $899,000. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CP&E) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project with a budget of $600,000 and on November 5, 2002, Agenda Item 16.C.20, the BCC approved an additional $635,000. $131,289 was not rolled forward from last fiscal year. The Coastal Advisory Committee has unanimously recommended that the sand search be "fast- tracked" with a goal of accelerating the planned major re-nourishment of Vanderbilt, Park Shore and Naples beaches to the winter of 2004/2005. CP&E has submitted proposals for phase 3 of the sand search and the marine resources investigation in the amounts of $471,000 and $428,000 respectively. These proposals exceed the $90,000 limit of the fixed term contract. The cumulative value of all previous work orders related to the sand search and major re-nourishment is $274,186. Future phase work orders will also be taken to the BCC for approval. These work orders will allow engineering services that are on the critical path to continue over the next three to six months and will allow for the submission of permit applications in September/October. The Coastal Advisory Committee recommended approval of these work orders at their meeting on June 12, 2003. The Tourist Development Council is scheduled to hear this issue at their meeting on June 23, 2003. FISCAL IMPACT: The funding for these work orders and budget amendment is available from the remaining $829,525 of the project budget and the reserves. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment for $131,289 and approve two work orders with Coastal Planning & Engineering to be executed by the Chairman: 1) Sand Search Phase 3 in the amount of $471,000 and 2) Marine Resources Investigation in the amount of $428,000. JUN 2 q 2003 SUBMITTED BY: REVIEWED BY: Ron Hovell, P.E., Coastal Projects Manager Date: / "~~-~~- ~- lhtles Engineering Director ~erson, P.E., Public Ut' ' ' Director Se~ices ~V~D BY: Stepheh Y. C~~chasin~General B Y ~~ ~ ~ .~ ~ Date: ~PROVED Admimstr~ ~es %~ De~ny, ~E., Public Utilities V JUN 2 z, 2003 WORK ORDER #CPE-FT-03-04 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Management Projects for work known as Services for Coastal Zone County-wide Sand Search (90527) - Detailed Sand Search and Cultural Resources Investigation. The work is specified in the proposal dated June 6, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE-FT-03-04 is assigned to Coastal Planning & Engineering. Scope of Work: a. Task I -Seismic, Side Scan & Fathometer Survey b. Task II - Vibracore Collection & Analysis c. Task III - Geotechnical Report and Meeting w/ County d. Task IV - Cultural Resources Schedule of Work: Substantially complete all tasks within 75 days of receipt of this Work Order. Provide a written executive summary by August 29, 2003 and complete permit enclosures by the September 11, 2003 CAC meeting. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $176,000.00 Task II $220,000.00 Task III $35,000.00 Task IV $40,000.00 TOTAL $471,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY' REVIEWED BY: REVIEWED BY: ACCEPTED BY' Ron Hovell, P.E., Coastal Projects Manager Date Roy B. Anderson, P.E., PUED Director Date James W. DeLony, Public. g&Lfil¢ies Administrator Date ~j~in~ Engj~rin~e :d C~ny Officer ' Date Thomas J. Campbell, P.E., President Type or Print Name and Title ACCEPTED BY' Tom Henning, Chairman Date Collier County Board of County Commissioners Approved as to Form and Legal Sufficiency: Assistant County Attorney WORK ORDER #CPE-FT-03-05 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as County-wide Sand Search (90527) - Marine Resources Investieation and Permitting. The work is specified in the proposal dated June 6, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE-FT-03-05 is assigned to Coastal Planning & Engineering. Scope of Work: a. Task I -Program Development and Coordination b. Task II - Diver Investigation of Nearshore Hardbottom, Vanderbilt c. Task III - Diver Investigation of Nearshore Hardbottom, Pelican Bay d. Task IV - Diver Investigation of Nearshore Hardbottom, Park Shore e. Task V - Diver Investigation of Nearshore Hardbottom, Naples f. Task VI - Prepare and Submit Permit Application g. Task VII - Pipeline Corridor Side Scan Mapping Schedule of Work: Substantially complete all tasks within 75 days of receipt of this Work Order. Provide a written executive summary by August 29, 2003 and a complete permit application by the September 11, 2003 CAC meeting. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $35,000.00 Task II $68,000.00 Task III $32,000.00 Ta~ k IV $90,000.00 Task V $75,000.00 Task VI $100,000.00 Task VII $28,000.00 TOTAL $428,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY' Ron Hovell, P.E., Coastal Projects Manager Date REVIEWED BY' REVIEWED BY' ACCEPTED BY' Roy B. Anderson, P.E., PUED Director Date James W. DeLony, Public Utilities Administrator ,.~or i z~n y Officer Thomas J. Campbell, P.E., President Type or Print Name and Title Date Date ACCEPTED BY: Tom Henning, Chairman Date Collier County Board of County Commissioners Approved as to Form and Legal Sufficiency: Assistant County Attorney _COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 June 6,2003 Mr. Ron Hovell Collier County Government 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Subject: (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net E-mail: mail@coastalplanning.net Scope of Services and Fee Proposal for North Collier County Renourishment Project Permitting, Sand Search and Marine Resources Investigation Dear Ron: Scope of service proposals are being prepared for presentation at the June 12, 2003 CAC meeting. A summary and cost estimate for each proposal is provided with this letter per our discussions at the June 3, 2003 meeting. The proposals cover work that needs to be completed this summer in support of a fall submission of a permit application. The work includes diver investigation and characterization of the nearshore hard bottom, preparation of State and Federal permit applications, detailed sand search investigation and cultural resources report. The fee for the sand search and cultural resources reports are in line with the approved project budget. /he cost for permitting and conduction a marine resource investigation has increase by approximately $400,000. The extensive nearshore hard bottom and other new requirements have increased the complexity of project permitting. The total cost of the fee proposal to be presented on June 12, 2003 is $899,000. The combined amount of the new proposal and the approved contracts is below the budget amount in the short term. A formal change in budget is not needed at this time. The proposals are summarized below: I. Sand Search Phase IlL Detailed Sand Search: This phase consists of a comprehensive field surveys and geotechnical evaluation, including borrow area delineation and report preparation. The task includes seismic, side scan sonar, and bathymetric surveys along with 50 vibracores. A report will be prepared with all the data, maps, chi ns, logs and tables developed from the field investigation. The data will also be integrated into a GIS in the State's format. The report will include a practical assessment of sand compatibility with the existing beach. $431,000 Phase IV. Cultural Resources Investigation and Report: A magnetometer survey will be conducted as a basis for a cultural resources investigation, augmented with the seismic and side scan data collected with the detailed sand search. A report will be prepared and clearance sought from the state historic office. $40,000 JUN 2 North Collier County Renourishment Project June 6, 2003 Page 2 II. Marine Resources Investigation and Permitting. Nearshore Hardbottom Investigation: The side scan sonar investigation documented the presence of extensive nearshore hardbottom habitats that may be affected by beach nourishment activities in the study area. Approximately 500 acres of potential / probable hardbottom habitat was documented within 1,000 feet of the shoreline. The hardbottom cover extends along most of the shoreline between Wiggins Pass and central Naples Beach, a distance of approximately 12 miles. A series of meetings will be conducted with Federal, state and local agencies to determine the scope of the investigation and reports, and to follow up comments on the results. The results of the investigative program is to provide the basic information required to meet state and Federal resource protection agency requirements for marine habitat delineation and characterization, and provide the basis for development of the permit application package. The focus of the investigation will be the nearshore hardbottom to a distance approximately 300 feet seaward of the estimated project equilibrium toe of fill. The divers will collect information, photographs and video of the hardbottom that may be impacted by the project. The information will be used to design and permit the project, and will be included in a GIS. $300,000 State and Federal Joint Coastal Permit Application: State and Federal permits and approval will be required to implement Collier County's beach renourishment project. This task will cover preparing and submitting a permit application designed to implement the north Collier County renourishment program for the area between Wiggins Pass and Gordon Pass. The process will start with a series of scoping meeting with FDEP and the Corps of Engineer, to identify the permit content and to minimize requirements. CPE will evaluate and incorporate existing and recently acquired design, geotechnical, and environmental documentation into a DEP Joint Coastal Permit (JCP) application package that presents the information in the approved agency format. The presence of nearshore hardbottom communities close to the project sites and borrow areas will be the area of concern that must be described and addressed in a comprehensive manner for the resource protection agency personnel responsible for reviewing the project. The permit will be submitted in both paper and CD form. Time is critical for completion of a permit application by September. $100,000 Map Pipeline Corridors: Side scan sonar investigation will identify and characterize up to four nearshore pipeline corridors through nearshore hardbottom areas. The corridors provide construction access for the dredge pipeline which avoids or minimizes impacts to marine resources associate with hard bottom. $28,000 III. Future Permitting Task: Proposals for the following task will be submitted in the future as needed: US Minerals Management Services Permission: Permission to use a sand source more than 9 miles from the shoreline requires Federal Government approval in the form of a lease. must be accompanied by a site specific Environmental Assessment and application. will be proposed in the fall if and when needed. COASTAL PLANNING & ENGINEERING, INC. The lease This task North Collier County Renourishment Project June 6, 2003 Page 3 Permit Responses and Negotiations: Permit responses and additional information will be prepared and provided to permit agencies as needed to bring the permits to approval. Research and analysis will be preformed to answer agency questions. If the environmental threshold is exceeded, then an Environmental Assessment, Environmental Impact Statement or other NEPA action will be required for the project. The cost of an EA or EIS has not been identified. If you have nay questions, please call. Sincerely, COASTAL PLANNING & ENGINEERING, 1NC. St hen eehn, PE Senior Coastal Engineer F:'CPE,,_Proposals'xCollier'~2003 Proposals'iN Collier Proposals CPE June 6doc CC: Tom Campbell Jeff Andrews Craig Kruempel COASTAL PLANNING & ENGINEERING, INC. i AGE. NDA I]:£M I EXECUTIVE SUMMARY APPROVE WORK ORDER GH-FT-03-05 WITH GREELEY AND HANSEN, LLP, TO CONDUCT THE 2003 UPDATES TO THE WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDIES, FOR THE TOTAL AMOUNT OF $221,600, PROJECTS 70070 AND 73066 OBJECTIVE: To obtain approval of the work order to conduct the 2003 Water and Wastewater Master Plan Updates and the accompanying Impact Fee Study to plan the capital projects to support growth, meet demands, and improve reliability of the water and wastewater utilities. CONSIDERATIONS: The last two years' updates to the Water and Wastewater Master Plans had been triggered by Florida Department of Environmental Protection Consent Order. Future Master Planning will be accomplished at the County's own initiative because of the need for a sound planning basis for our extensive capital improvement programs. For this year, the capital projects will need to reflect the 5 and 20 year planning horizons extending to 2008 and 2023, respectively. The assessment of this year's Impact Fees must reflect the up-to-date planning of capital projects to meet demand. Reliability assessment, analysis of asset management, and updating of base maps of the County Water-Sewer District service area were also identified issues for update this year. The Water and Wastewater Master Plan Updates have been authored by Greeley and Hansen, LLP, in years 2001 and 2002. The 2001 work commenced after approval on May 16, 2001. The 2002 Master Plan Updates commenced in June 2002. The 2003 updates of the Water and Wastewater Master Plans were planned for as part of the Capital Improvement Projects in the 2002 Master Plan Updates. The adoption by the Board of County Commissioners of the 2002 Master Plan Updates occurred on February 25, 2003, as County Manager's Report items 10.A and 10.B. During the February 25, 2003 meeting, the Board gave direction that Public Utilities update the Water and Wastewater Master Plans in FY 2003. Staff has negotiated the proposed scope and compensation as provided in the attached Work Order, GH-FT-03-05. These fees are summarized as follows: Work Order Fees 2003 Water Master Plan Update $116,948.00 2003 Wastewater Master Plan Update $104,652.00 Greeley and Hansen has performed the Master Plan Updates for years 2001 and 2002. The current Work Order's budget has been reviewed against and is slightly reduced from past years'. JUN Executive Summary Approve Work Order Page 2 FISCAL IMPACT: Funds for the two scopes of work in this Work Order are partially available in the FY 2003 budget within the existing Master Plan project numbers, 70070 and 73066, and partially as budget amendments from other sources. Funds for this project were allocated in the capital budget adopted by the BCC on Sept 18, 2002, Agenda item 2. The amounts in the Water and Wastewater Master Plan project numbers are currently $60,000.00 and $60,007.50, respectively. However, the estimated total fees of $116,948.00 and $104,642.00 are consistent with the level of effort required of Greeley and Hansen for the recent Master Plan updates. Therefore, a budget amendment will be required to transfer $56,948.00 from Water Impact Fee (Fund 411) reserves to bring the Water Master Plan total to equal the $116,948.00 fees stated in the Work Order. The remaining budgetary requirements for the Wastewater Master Plan of $44,644.50, will be transferred in a budget amendment from Immokalee Road 16" Force Main project, project 73131, which has a surplus. The funding source in both cases is Impact Fees. GROWTH MANAGEMENT IMPACT: Growth projections in Collier County will be revisited. Changes to the current capital improvement program will be identified. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve Work Order GH- FT-03-05 in the amount of $221,600.00 to Greeley and Hansen, LLP, and authorize the Public Utilities Administrator to execute this Work Order. and approve the necessary budget amendments. Executive Summary Approve Work Order Page 3 SUBMITTED BY: REVIEWED BY: ~ ~'& DATE: Ivy ~v'yli~ P.E., Planning Engineer Public Utilities Engineering Department ~.~ · ", ] ? /' -'-,l,t/..,' Steve camell, PurclSasing/General Services Director REVIEWED BY: REVIEWED BY: JosepffCheatham, Wastewat~ Director Public Utilities Wastewater Department Paul Mattausch, Water Director Public Utilities Water Department DATE: DATE: REVIEWED BY: Rq//B. Anderson, P.E., Director PUblic Utilities Engineering Depa~ent APPROVED B/ james W. Delony, P.E. Administr/or "Pubiic Utilities Division DATE: ~./~ 7 DATE'~./?</' [.'5 / ~,VORK ORDER # GH-FT-03-05 Agreement for Fixed Term Utilities Engineering Services Dated June 6, 2003(Contract #00-3119) This Work Order is for professional engineering services for work known as: Project: 2003 Water and Wastewater Master Plan Updates The work is specified in the proposal dated June 4~ 2003, which is attached hereto and made a part of this amended Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #GH-FT-03-05 is assigned to Greeley and Hansen LLC. Scope of Work: Task: #1 Initial Planning Services #2 Water and Wastewater Master Plan Updates #3 Update Water and Wastewater Impact Fee Analysis #4 Additional Services Allowance Schedule of Work: Complete work within I0 months from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material, not to exceed amounts indicated in the schedule below: Water MP Wastewater MP Task: #1 $ 11,416 $1t,416 (lump sum) #2 $ 84,052 $71,756 (lump sum) n3 $ 8,924 $ 8,924 (lump sum) ~4 $12,556 S12,556 (time & material) Total Not To Exceed $116,948 $104,652 = $221,600 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of Agreement. PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: AUTHORIZED BY: Ivv ~d.2~'li~, P.E., Planning JEnginccr, PUED Date Pa~l Mattausch, Director, Public Utilities Vater Dept Date J~eph;ea,~~, Public L'tHities Waste,,ater Dept f:te Ro . Anderson, P.E., Director, Public Utilities Engineering Date James W. DeLony, P.E. Director, Public Utilities Date Approved as to Form and Legal Sufficiency: Assistant County Attorney' Date: ~ -- [/,,, ..-'- ATTEST: By: D ate: Greeley and Hansen LLP Name of Firm By: Roger S. Howell, P.E., Associate Type Name and Title Work Order Templale cc:Purchasing Finale Fiscal G&H IW:WO_2003 MP UPDATE 001 EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order #GH-FT-03-05 2003 Water Master Plan Update Scope of Services Greeley and Hansen LLC June 4, 2003 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the 2003 Water Master Plan Update, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00- 3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall include a 5-year and 20-year Capital Improvement Program (CIP), an updated version of the Collier County 2002 Water Master Plan Update, dated February 2003 and an updated impact fee study. The 2003 Water Master Plan Update shall support institutional changes and additional property acquisition for major ~vater facilities. The goals of the PROJECT are to update water strategies developed in the 2002 Water Master Plan Update, including updates to population and water demand forecasts, 5 and 20-year CIP schedules, and maps to show updated projects and Water-Sewer District boundaries. Updated hydraulic modeling results will be included with the master plan update. Recommendations provided in the 2003 Water Master Plan Update will be based on making sure COUNTY has sufficient system capacity to meet estimated needs, and can provide water utility services to its customers reliably. The PROJECT is being completed in parallel with the 2003 Wastewater Master Plan Update. It is intended that information being developed for wastewater planning, such as population and flows, will be used as the basis for the PROJECT. The population data and corresponding water demands will be integrated into the PROJECT as necessary for the water service area. Monthly partial payments for the lump sum services for Tasks 1,2 and 3 will be invoiced based on percentage complete. Payment for Task 4 services will be invoiced based on time and materials in accordance with CONTRACT hourly rates and invoices received from subconsultants The schedule for completion of each task is shown at the end of the task description. 2003WaterMasterPlanUpdateScope2.doc Page 1 of 5 TASK 1 - INITIAL PLANNING UPDATE SERVICES TASK 1.1 - COLLECT AND REVIEW EXISTING DATA Collect and review existing data, including updated population projections from the COUNTY Comprehensive Planning Section, Water demand and operational data, updated Census Bureau data, updated data from the University of Florida Bureau of Economic and Business Research (BEBR), Rural Transition Area maps and other information relevant to the PROJECT. TASK 1.2 - UPDATE POPULATION AND DEMAND FORECASTS Update countywide population forecasts based on updated projections provided by COUNTY Planning Services. Updated projections from Planning Services are expected to be available by late August 2003. Estimate ranges of water demand from existing and future service areas based on data obtained in Tasks 1.1. Update spreadsheets to document and summarize populations and demands for each year from 2004through 2023. TASK 1.3 - UPDATE BASE MAPS FOR PLANNING Use base planning maps for the COUNTY showing revisions to the Water-Sewer District boundary based on information provided by COUNTY for the Rural Fringe Areas and other areas. TARGET COMPLETION TIME FOR TASK 1' 12 Weeks LUMP SUM AMOUNT FOR TASK 1' $11,416 TASK 2 - WATER MASTER PLAN UPDATE TASK 2.1 - UPDATE WATER SUPPLY AND DEMAND ANALYSIS Update summaries of existing operating permits for the water treatment plants and consumptive use permits based on information obtained from COUNT (. Update summary of current water supply sources, consisting of surface water, groundwater and alternative sources. Update water demands based on average, maximum day, peak hour, and fire flow conditions. Page 2 of 5 AG£ NO~, ]Ti.M ~ ./~ ~-- ~C 2003WaterMasterPlanUpdateScope2.doc TASK 2.2 - UPDATE REGIONAL TREATMENT PLANT CAPACITIES Update the required county-wide regional treatment plant capacities through 2023 based on updated populations and demands developed in Task 1. Update forecast of when regional plants need to be expanded and whether new regional plants need to be constructed. Update summaries of demands by service area and required treatment capacities for the various regional water treatment plants. Update information describing the well systems, ground storage tanks, transfer pumping, and high-service pumping at each plant. TASK 2.3 - PREPARE ANNUAL UPDATE AND INVENTORY REPORT (AUIR) Update 2002 AUIR Excel spreadsheets for the 2003 AUIR. TASK 2.4 - UPDATE WATER TRANSMISSION NETWORK HYDRAULIC MODEl, Update county-wide schematic plan for existing and future water transmission mains and associated booster pumping station network linking existing and future service areas to regional treatment plants. Update analysis of future storage requirements in the transmission system. Update the KYPI~E2000 main network model updated in the 2002 Water Master Plan Update. Prepare model outputs to simulate maximum day, maximum day plus fire flow and peak hour demand conditions for 2008 and 2023 conditions. Prepare a county-wide map showing year 2008 and 2023 water treatment plant, booster station, storage and transmission main facilities. TASK 2.5 - DEVELOP RECOMMENDATIONS FOR AQUIFER STORAGE AND RECOVERY (ASR) Develop recommendations for potable water ASR to determine the recommended capacities and implementation schedules for ASR facilities based on storage requirements, hydrogeologic conditions, system reliability, cost-effectiveness and other pertinent considerations. TASK 2.6 - UPDATE WATER ClP Update 5-year and 20-year CIP schedules and budgets sequencing capital improvements identified in Tasks 2.2 and 2.3 for the recommended potable water projects. CIP schedules and budgets shall include planning, engineering and construction costs. CliP outputs shall be used by others to update the water impact fees. With input from COUNTY staff, prepare a prioritization schedule for the 5-year CliP. TASK 2.7 - PREPARE 2003 WATER MASTER PLAN UPDATE Prepare an update to the 2002 Water Master Plan Update. of the following sections: Section 1 - Executive Summary The updated plan will consist 06/06/03 Page 3 of 5 2003WaterMasterPlanUpdateScope2.doc Section Section Section Section Section Section Section Section 2 - Introduction 3 - Water Service Areas 4 - Existing Facilities 5 - Population and Water Demand Projections 6 - Reliability 7 -Altemative Water Service Plans 8 - Capital Improvement Projects for Water 9 - Summary and Recommendations Appendices A, B, C and D from the 2002 Water Master Plan Update will be updated as appropriate. Submit 15 draft printed copies each of the updated master plan at the 60 percent and 90 percent complete stages and submit 25 copies each of the final master plan in hard copy format and in pdf format on CD to the COUNTY. Review comments from 60 and 90 percent submittals will be incorporated in final master plan. TASK 2.8 - MEETINGS Services shall include up to twelve PROJECT meetings to coordinate with ongoing COUNTY projects, assist in the CIP update and present preliminary outputs. Up to six other specific coordination meetings will be held with other COUNTY representatives as necessary to understand other on-going and planned COUNTY activities that will be impacted by the PROJECT. TASK 2.9 - ASSIST WITH MASTER PLAN ADOPTION Prepare and conduct the following presentations in PowerPoint format: · Public Utilities Engineering Department · Public Utilities Administrator · County Manager · Productivity Committee · Development Services Advisory Subcommittee (DSAC) · Board of County Commissioners Workshop · Board of County Commissioners Adoption Prepare and develop responses to frequently asked questions. Prepare written responses to comments and questions from Productivity Committee and DSAC. TARGET COMPLETION TIME FOR TASK 2:36 Weeks LUMP SLIM AMOUNT FOR TASK 2: $ 84,052 AG£N~A IT£~ _ JUN 2 4 2003 O6/06/03 2003WaterMasterPlanUpdateScope2.doc Page 4 of 5 TASK 3 - UPDATE WATER IMPACT FEE ANALYSIS Update 2002 Water Impact Fee Study to develop new impact fees based on 2003 Water Master Plan Update. Assist in approval and adoption o£ new impact fees with the 2003 Water Master Plan Update. TARGET COMPLETION TIME FOR TASK 3:36 Weeks LUMP SUM AMOUNT FOR TASK 3: $ 8,924 TASK 4 - ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the 2003 Water Master Plan Update. The additional services allowance of up to $12,566 is for additional services requests that are not included in the scope of services described above. Additional services under this work order will be provided up to the limits shown below. Additional work orders will be required to perform services beyond the limits shown below. TIME AND MATERIALS ALLOWANCE FOR TASK 4: $12,566 SUMMARY TASK NO. 1 2 3 4 DESCRIPTION Initial Update Planning Services Water Master Plan Update Update Water Impact Fee Analysis Additional Services Allowance TOTALS COMPLETION TIME COST (WEEKS) 12 $11,416 LS 36 $84,052 LS 36 $8,924 LS 36 $12,566 T&M 36 $116,948 TARGET COMPLETION DATE: March 31, 2004 2003 2003WaterMasterPlanUpdateSeope2.doc Page 5 of 5 06/06/03 EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order # GH-FT-03-05 2003 Wastewater Master Plan Update Scope of Services Greeley and Hansen LLC June 4, 2003 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the 2003 Wastewater Master Plan Update, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00- 3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall include a 5-year and 20-year Capital Improvement Program (CIP) and an updated version of the Collier County 2002 Wastewater Master Plan, dated February 2003. The goals of the PROJECT are to update wastewater strategies developed in the 2002 Wastewater Master Plan Update, including updates to population and floxv forecasts, 5 and 20-year CIY' schedules, and maps to show updated projects and Water-Sewer District boundaries. Updated hydraulic modeling results for wastewater systems will be included with the master plan update. Recommendations provided in the 2003 Wastewater Master Plan Update will be based on making sure COUNTY has sufficient system capacity to meet estimated needs, and can provide wastewater utility services to its customers reliably. Monthly partial payments for the lump sum services for Tasks 1, 2 and 3 will be invoiced based on the percentage of services completed. Payment for Task 4 services will be invoiced based on time and materials in accordance with CONTRACT hourly rates and invoices received from subconsultants. The schedule for completion of each task is shown at the end of the task description. TASK 1 - INITIAL PLANNING UPDATE SERVICES TASK 1.1 - COLLECT AND REVIEW EXISTING DATA Collect and review existing data, including updated population projections from the COUNTY Comprehensive Planning Section, wastewater flow and operational data, updated Census Bureau data, updated data from the University of Florida Bureau of Economic and Page I of 5 ] ~ ~ ~ 2003%~asterPla nUpdateScope_64~3.doc ~ ~J 2/03 Business Research (BEBR), Rural Transition Area maps and other information relevant to the PROJECT. TASK 1.2 - UPDATE POPULATION AND FLOW FORECASTS Update countywide population forecasts based on updated population projections provided by COUNTY Planning Services. Updated Planning Services projections are expected to be available by late August 2003. Estimate range of wastewater flows from existing and future service areas based on data obtained in Tasks 1.1. Update spreadsheets to document and summarize population and flow estimates for each year from 2004 through 2023. TASK 1.3 - UPDATE BASE MAPS FOR PLANNING Update base planning maps showing revisions to the Water-Sewer District boundary based on information provided by COUNTY for the Rural Fringe Areas and other areas. LUMP SUM AMOUNT FOR TASK 1' $11,416 TASK 1 TARGET COMPLETION Th'ViE: 12 Weeks TASK 2 - WASTEWATER MASTER PLAN UPDATE TASK 2.1 - UPDATE REGIONAL TREATMENT PLANT ANALYSIS Update county-wide recommendations regarding regional treatment plant capacities based on information developed in updated population and flow estimates developed in Task 1. Update forecast of when regional plants need to be expanded and new regional plants need to be constructed. Update summaries of flows by service area and required treatment capacities for the various regional treatment plants. Prepare an updated summary, which documents the recommended regional treatment plant capacities and treatment requirements. TASK 2.2 - UPDATE TRANSMISSION SYSTEM ANALYSIS Update the county-wide layout plan for future force mains and associated master pumping station network linking existing and future service areas to regional treatment plants. Update the existing force main network model using the current KYPIPE hydraulic model. Prepare model outputs for peak flow conditions in 2008 and 2023. Update the countywide summary map showing year 2008 and 2023 wastewater treatment plant, pumping station and force main facilities. TASK 2.3 - PREPARE ANNUAL UPDATE AND INVENTORY REPORT (AUIR) Update 2002 AUIR Excel spreadsheets for the 2003 AUIR. 2003WWMasterPla nUpdateScope_6-4-O3.doc Page 2 of 5 TASK 2.4 - UPDATE WASTEWATER CIP Update 5-year and 20-year CIP schedules and budgets sequencing capital improvements identified in Tasks 2.1, 2.2 and 2.3. CIP schedules and budgets shall include planning, engineering and construction costs. Outputs from the CIP schedule will be utilized by others to update the wastewater impact fees. With input from COUNTY staff, prepare a prioritization schedule for the 5-year CIP. TASK 2.5 - PREPARE 2003 WASTEWATER MASTER PLAN UPDATE Prepare an update to the 2002 Wastewater Plan Update. The updated plan will consist of the following sections: Section Section Section Section Section Section Section Section Section 1 - Executive Summary 2 - Introduction 3 - Wastewater Service Areas 4 - Existing Facilities 5 - Population and Flow Projections 6 - Reliability 7 - Alternative Wastewater Service Plans 8 - Capital Improvements Projects for Wastewater 9 - Summary and Recommendations Appendices A and B from the 2002 Wastewater Master Plan Update will be updated as appropriate. Submit 15 printed draft review copies each of the updated master plan at both the 60 and 90 percent complete stages to the COUNTY and submit 25 copies each of the final master plan in hard copy format and in pdf format on CD. Review comments from 60 and 90 percent submittals will be incorporated in final master plan. TASK 2.6 - ATTEND MEETINGS Services shall include up to twelve PROJECT meetings to coordinate with ongoing COUNTY projects, assist in the CIP update and present preliminary outputs. Up to six specific coordination meetings will be held with other COUNTY ~epresentatives as necessary to understand other on-going and planned COUNTY activities that will be impacted by the PROJECT. TASK 2.7 - ASSIST WITH MASTER PLAN ADOPTION Prepare and conduct the following presentations in PowerPoint format: Public Utilities Engineering Department Page 3 of 5 2003WWMasterPlanUpdateScope_6-4-O3.doc · Public Utilities Administrator · County Manager · Productivity Committee · Development Services Advisory Subcommittee (DSAC) · Board of County Commissioners Workshop ° Board of County Commissioners Adoption Prepare and develop responses to frequently asked questions. Prepare written responses to conanents and questions from Productivity and DSAC LUMP SUM AMOUNT FOR TASK 2: $ 71,756 TASK 2 TARGET COMPLETION TIME: 36 Weeks TASK 3 - UPDATE WASTEWATER IMPACT FEE ANALYSIS Update 2002 Wastewater Impact Fee Study to develop new impact fees based on 2003 Wastewater Master Plan Update. Assist in approval and adoption of new impact fees with the 2003 Wastewater Master Plan Update. LUMP SUM AMOUNT FOR TASK 3: $ 8,924 TASK 3 TARGET COMPLETION TIME: 36 Weeks TASK 4- ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the 2003 Wastewater Master Plan Update. The additional services allowance of up to $12,566 is for additional services requests that are not included in the scope of services described above. Additional services under this work order will be provided up to the limits shown below. Additional work orders will be required to perform services beyond the limits shown below. TIME AND MATERIALS ALLOWANCE FOR TASK 4: $ 12,566 JUN 2 2003 06/06/03 Page 4 of 5 2003WWMasterPla nU pdateScope_6-4-O3.doc SUMMARY TASK NO. 1 2 3 4 DESCRIPTION Initial Update Planning Services Wastewater Master Plan Update Update WW Impact Fee Analysis Additional Services Allowance TOTALS COMPLETION TIME (WEEKS) 12 36 36 36 36 COST $11,416 LS $71,756 LS $8,924 LS $12,566 T&M $104,652 TARGET COMPLETION DATE: March 31, 2004 Page 5 of 5 2003WWM asterPlanUpdateScope_6-4-03.doc 06/06/03 1111 1111 9119 EXECUTIVE SUMMARY PRESENTATION OF OPTIONS FOR FUTURE USE OF PARCEL 114 OF GOLDEN GATE ESTATES UNIT 35 (LIVINGSTON WOODS NEIGHBORHOOD PARK) Ob]ectlve: To decide the future use of the County-owned property on Soil Street in Livingston Woods in a manner consistent with the desires of the majority of neighborhood residents. Considerations,,,: On May 9, 2000, the Board of County Commissioners approved the purchase of 2.73 acres to be used for a park in the Livingston Woods neighborhood. Over the following three years, a series of meetings and surveys revealed that neighborhood residents reserved concerns about the development of a park in their area. Neighborhood residents brought their concerns before the BCC in February of 2003, and the Board directed staff to return with options. On March 11, 2003 the Board heard a presentation of options from staff and requested that one last official survey be conducted to assess the desires of the majority of the neighborhood. A survey instrument was prepared and approved by neighborhood residents representing those who favored and did not favor a park. The instrument was mailed on May 6, 2003, to 249 property owners as determined by information from the Property Appraiser's Office. Responses were tabulated on May 21, 2003, with a neighborhood resident representing those who did not favor a park in attendance. (The neighbor representing those who favored a park waived her right to attend.) Survey results were as follows: In favor of a park 43 29% Not in favor of a park 105 71% TOTAL 148 Staff considers this negative response to be the final decision on this issue and so offers the following options for future use of the parcel: 1. Keep the property in Collier County inventory for an unanticipated future use. 2. Declare the parcel surplus property, sell it, and return the proceeds to the General Fund. 3. Declare the parcel surplus property, sell it, and designate the proceeds for use to purchase or develop a future neighborhood park. Fiscal Impact: Purchase price of the property was $96,881.41. Current assessed value of the property is $191,100. JUN 2 4 2003 p~o // _ Growth Mana,qement Im;)ac_t: Neighborhood park acreage is not inventoried in the Growth Management Plan. Recommendation,,: Staff recommends that the Board of County Commissioners declare the parcel surplus propOSal it,~__ return the prgeb~Js to the General~/Fund. Amanda~.' Townsend, Ope~'.ati~. s Coordmato Parks and Recreation Departm~ent Reviewed by: '~//~~'~ ~c-''c'~ Approved by: Maria O. Ramsey, Director Parkland Recreation Department John ~Dunnuck, Administrator Division of Public Services Date~ JUN 2 ~ ~0~3 Pcjo ~. _ EXECUTIVE SUMMARY AWARD BID NO. 03-3486 FOR THE PURCHASE OF EMERGENCY MEDICATIONS TO AERO PRODUCTS, ALLIANCE MEDICAL, BIOMEDICAL INTERNATIONAL, EMERGENCY MEDICAL PRODUCTS, RX EMS, SE EMERGENCY EQUIPMENT, AND SUN BELT MEDICAL FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT. BUDGETED FUNDS FOR THESE PURCHASES ARE $65,000. OBJECTIVE: To procure emergency medications in a cost-effective manner through the County's bid process. CONSIDERATION: On February 12, 2003, the Collier County Purchasing Department sent bid invitation notices to twenty-four (24) vendors for the purchase of seventy-one (71) medication items. On March 12, 2003, these bids were publicly tabulated. The vendors are: Aero Products Corp, Sanford, FL Alliance Medical, Russellville, MO Biomedical Int'l Corp, Miami, FL · Emergency Medical Products, Waukesha, WI · RX EMS, Deerfield Beach, FL · SE Emergency Equipment, Wake Forest, NC · Sunbelt Medical, Hilton Head, SC In evaluating the bids, EMS staff has contacted the apparent low bidders to verify compliance with the published specifications. In order to maximize the best prices available, EMS staff recommends award of the bid on a line by line basis to the lowest responsive bidder for each item. It is further recommended that the entire bid offering of each responsive bidder be accepted as secondary suppliers to be utilized in the event of the inability of the lowest responsive bidder to furnish the medications as needed. In such a situation, the n~-xt lowest bidder would be contacted, and then the next lowest bidder and so on until needed medications could be obtained. FISCAL IMPACT: Budgeted funds for these purchases are $65,000. Funds for these purchases are appropriated in EMS Fund 490. GROWTH MANAGEMENT IMPACT: There is no associated with this Executive Summery. growth managemer RECOMMENDATION: The the Board of County Commissioners award Bid No. 03-3486 to the vendors as recommended herein for the purchase of medications for the Emergency Medical Service Departm~ Em~rvices Department Dan Bowma-"'~ Division Chief Emergency Services Department Date: REVIEWED BY: APPROVED BY: (_~.,~'X' ~ Date: Jeff)~M S Di{ector Em~gency Services Department Steve Carnell, Director Purchasing Department blDunnuck ic Services Administrator Date: d'/e" i...... Ager~daI .Item_ No. /~ ~ JUN-2 20i3 Pg. -~ No. JUN 2 ~ 2003 Pg. Agend~ Item~ No JUN nl kgenda.~ JUN 2 4 2883 m Agen&~ .lte~ JUN 2 ~ 2003 EXECUTIVE SUMMARY APPROVE A MODIFICATION IN THE AMOUNT OF $ 4,600.00 TO PURCHASE ORDER # 4500010298 WITH ENTERPRISE RENT-A-CAR FOR VEHICLE RENTALS FOR THE SUMMER FOOD SERVICE PROGRAM ~: To increase the scope of purchase order # 4500010298 with enterprise Rent- A-Car for vehicle rentals for the Summer Food Program. Considerations: On May 16, 2003, purchase order # 4500010298 in the amount of $23,764.23 was issued to Enterprise Rent-A-Car for rental of 11 vehicles, which are being used to deliver meals provided by the Summer Food Program. Meals are prepared at Naples High School and Village Oaks Elementary School and delivered to Program sites through out the county. Due to the addition of 12 new sites to the 2003 Summer Food Program, an additional 5 (five) vehicles are necessary for the month of July. Staff is now requesting a purchase order modification in the amount of $4,600.00 for rental of the additional 5 (five) vehicles needed. The cumulative amount of the original purchase order and the modifications is $28,364.23. Because this cumulative amount exceeds $25,000, staff is requesting that the Board approve the modification. ~: The Summer Food Service Program is budgeted under the FY 03 Food Grant Fund in the amount of $461,600. The State will reimburse the County for 100% of expenses. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation,.: That the Board of County Commissioners approves a modification in the amount of $4,600.00 to purchase order # 4500010298. Submitted by: Reviewed by: Reviewed by: Approved by: ~anda O. Townsend[, Operations C ' Parks Bnd Recreation Department Parks and Recreation Department /! ' StSc ~a~cl],dDircctor Pure.sing Department John/Dunnuck, Administrato DiviSion of Public Services EXECUTIVE SUMMARY APPROVE THE ADDITION OF SCREEN PRINTING UNLIMITED AS AN ADDITIONAL VENDOR TO CONTRACT #03-3478 FOR T-SHIRTS FOR VARIOUS PARKS AND RECREATION PROGRAMS. OBJECTIVE: To obtain tee shirts in a cost effective manner to assist Parks & Recreation Department program needs. CONSIDERATIONS: On May 13, 2003, Bid # 03-3478 was awarded to T-Shirt Express under Agenda Item 16.D.6. Six bidders responded to the invitation. During the evaluation of the bids, it was determined that four (4) of the six (6) bidders were found to be technically non-responsive as they failed to provide required samples of artwork with their bid. This was an expressed requirement of the bid document. Screen Printing Unlimited was one (1) of the four (4) bidders that fell into this category. Through the subsequent receipt of a "Notice to Protest" the award of the contract from Screen Printing Unlimited, Staff further investigated the situation involving Screen Printing Unlimited's submission of artwork. It was determined that the artwork was submitted within the required deadline for the opening of the bid via e-mail to the user department representative, Mr. Jim Thomas. Confirmation of this was received from Mr. Thomas, additional confirmation was received from Mr. Thomas that the artwork submitted met the requirements as outlined in the bid document. Based on these discoveries, Staff believes it to be in the best interest of the Coun~ to add Screen Printing Unlimited to Contract # 03-3478. The distribution of the Parks and Recreation program requirements for t-shins will be as follows: Athletic Special Events, Summer Programs and Ranger Staff needs will be handled by Screen Printing Unlimited. T-Shin Express will handle the following t-shin requirements: Youth Camps, Athletic Programs and park specific programs and any other t-shin needs. FISCAL IMPACT: Funds have been budgeted in FY '03 in various recreation and community center cost centers for the purchase of tee shirts. GROWTH MANAGEMENT IMPACT: No direct Growth Management Impact is associated with this action. RECOMMENDATION: That the Board of County Commissioners approve the addition of Screen Printing Unlimited as an additional vendor to Contract # 03-3478 for tee shirts as specified herein. k,~7~n~da T-t~tse'nd, Operations yoordinator Parks and Recreation Departm__.~t Maria Ramsey, Director Parks and Recreation Department Stephen' Y.~ Cameli~urchasing Director Purchasing/General Services Jol~ i3unnuck, Administrator Di~sion of Public Services Date: Date: Date: ~--/' ~_- Date: Agenda. Item .o. l&]')-""-1 JUN 2 ~ 2003 EXECUTIVE SUMMARY APPROVE THE DONATION AGREEMENT FROM DAVID W. FISHER AND KAY J. BRITT, AS SUCCESSOR TRUSTEES OF THE HAROLD W. FISHER TRUST, FOR A FUTURE PLAYGROUND IN COPELAND AT A COST NOT TO EXCEED $2,700. OBJECTIVE: Request approval and execution of the Donation Agreement (Agreement) between Collier County and David W. Fisher and Kay J. Britt, as Successor Trustees of the Harold W. Fisher Trust. CONSIDERATIONS: Collier County Parks & Recreation Department (Parks) is currently leasing space at the Copeland Baptist Church (Church) for a community playground. The lease expires on September 14, 2003, however, the Church has agreed to extend the lease an additional 18 months to allow Parks to relocate the park elsewhere. The Trustees of the Harold W. Fisher Trust have agreed to donate a 0.34-acre lot in Copeland for use as a playground. The site is located approximately 100 feet north of the existing playground. The playground equipment located at the Church site is owned and maintained by Parks and will be relocated by Parks at its expense to the new park. There is approximately $14,500 in outstanding assessment liens on the property for abatement of public nuisance. However, since the property is being donated, we desire for the Board to consider waiving the outstanding assessment liens. Staff has been in contact with Michelle Arnold, Director of the County's Code Enforcement Department, and she has no objections due to the property being donated to the County. Real Estate Services' staff Appraiser values the property at $8,000. While Parks' staff has performed an extensive on-site inspection of the property and are confident there are no environmental concerns associated with this property, we are awaiting a final report from the County's Pollution Control Department. If the results are not favorable staff will finalize this transaction. The Donation Agreement and Quit Claim Deeds have been reviewed and approved by the County Attorney's Office and the Parks and Recreation Department. FIS£ ~L IMPACT: The total costs of acquisition shall not exceed $2,700 (approximately $1,500 for delinquent property taxes, approximately $400 for the environmental report, and approximately $800 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the 1982 Parks Improvement CIP Fund (306), Golden Gate Neighborhood Park, Block 179. The waived outstanding assessment liens on the property total approximately $14,500. EXECUTIVE SUMMARY Copeland Playground Page 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the Donation Agreement and accept the Quit Claim Deeds; and 2. Authorize its Chairman to execute any and all documents related to this project and such other documents necessary for cleating title; and 3. Direct staff to proceed to acquire the Property, to follow all appropriate closing procedures, and to record the deed and any and ali necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property; and 4. Waive the outstanding lot clearing liens upon recordation of the conveyance document in the Public Records. PREPARED BY: Cindy M. F~, Sr. Property Acquisition Specialist Real Estate Services Toni A. M'-~tt, ~R~al Estate Supervisor Real Estate Services DATE: Charles E. ~ar~'ington, Jr., SR/WA, \ M.~/~ger, Rea;>~es 'l Sa'hiS1 Rodri uez t 'i '(' Director Facilities Man. pg~ment Department DATE: DATE: EXECUTIVE SUMMARY Copeland Playground Page 3 REVIEWED BY: REVIEWED BY: APPROVED BY: Michelle Arnold, Director Code Enforcement Departgnent ~larla Ramsey, Direct~/ Parks & Recreation D~ep/artment Joh~Dunnuck, Administrator Public Services Division DATE: DATE: DATE: JUN 2 ~t ~003 EXECUTIVE SUMMARY APPROVE CHANGE ORDER #$ IN THE AMOUNT OF $77,358.75 FOR ADDITIONAL DESIGN WORK FOR NORTH NAPLES REGIONAL PARK, CONTRACT ~99-2947 Objective: To complete the architectural design of the North Naples Regional Park while keeping the project within schedule. Considerations,: On May 23, 2000, the Board of Coumy Commissioners awarded Contract g99-2947 to Bellomo-Herbert and Company in the amount of' $1,195,190 for the design and permitting of the North Naples Regional Park. Since that time, staff has approved Change Orders gl through 4 in the total amount of $93,174 for additional wetland surveying, building surveying and staking, architectural design, environmental studies, and services of a consulting agronomist. During the design development of the project, it has become apparent that an expansion of the pool concession building and pool pump buildings is required. Additionally, in order to bring the project costs in line with the project budget, reworking of the design of the sports concession building and park maintenance building is required. These changes total $77,358.75. County purchasing policy requires that any change order amount over 10% of the original contract be approved by the Board of County Commissioners. Change Orders gl through 5 combined exceed the amount allowed by staff authorization, thus requiring Board approval. Fiscal Impact: The necessary funds are budgeted in the North Naples Regional Park, project 80602. Source of funds is Park Impact fees. Growth ManaRement Impact: North Naples Regional Park will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approve Change Order g5 to Contract g99-2947. ,., ,- (<~ -~ ,. J Submitted by: (' _ .,~ _/~-~ ~, , "/'d~-~~" Date: C J' ~~nd~ O. T~se~d, 0perati~ Coor~nator P~ks ~d Recreatio~ D~nt/~ Reviewed by: -~~_ ~~-. Date: M~I~ O. ~scy, D~or P~ks ~d ~ecr~tion Dcp~ment Agenda Item. JUN 2 2003 Reviewed by: Approved by: -steve Carnell, Dfrector / P~chasing Department J~ .~.Dunnuck, Administrator Division of Public Services Date: Date: Agend%]~e~ NO.~ JUN 2 ~ 2003 CHANGE ORDER # 5 TO: Bellomo-Herbert and Company, Inc. 100 East Pine Street, Suite 204 Orlando, FL. 32801 FROM: Board of Collier County Commissioners Collier County Parks and Recreation Dept. 3300 Santa Barbara Blvd. Naples, FL. 34116 Project Name: Implementation of a Master Plan for the North Naples Regional Park Project No. 80602 Contract Dated: May 23, 2000 No. 99-2947 Change Order No.: 5 Date: June 10, 2003 Change Order Description: This Change Order #5 is in connection to providing all necessary professional services for additional architectural design and construction documents for the above project. This item totals $77,358.75. Refer to attached Scope prepared by Bellomo- Herbert for additional information. Original agreement amount ......................................................... $1,195,190.00 Total of previous change orders .................................................... $ 93,174.00 This Change OrderNo. 5 Amount ................................................. $ 77,358.75 Revised Agreement Amount ....................................................... $1,365,722.75 Original contract time in calendar days .................................................. 730days Adjusted number of calendar days due to previous change orders ................... 150 days This change order adjusted time is ........................................................ 210 days Revised Contract Time in working days ............................................... 1090 days Original Notice to Proceed date ................................................... August 8, 2000 Completion date based on original contract time ................................ August 8, 2002 Revised completion date due to change order(s) .................................. July 30, 2003 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 said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. ~. ~/~ Date: ~ {C)[ C>'~ Prepared by: Project M~ger ~ i P ~~R~~p~ent by: ~~ff~ Fr~l~m[, Pr~s~ fompmy, inc. by~ Accepted Date: Approved Date: Marla Ramsey, Director Parks and R~creation Department CHANGE ORDER NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AND THE FIRM OF BELLOMO-HERBERT AND COMPANY, INC. OF 100 EAST PINE STREET, SUITE 204, ORLANDO, FL 32801 PROJECT: CONTRACT NO.: NORTH NAPLES REGIONAL PARK NAPLES, FLORIDA 99-2947 I. PURPOSE This is an attachment to the Professional Services Agreement for Landscape Architectural Services dated May 23, 2000 between the Board of County Commissioners for Collier County, Florida (COUNTY) and the firm of Bellomo-Herbert and Company, Inc. (LANDSCAPE ARCHITECT) and made a part thereof. The purpose of this Change Order is to specify the required additional services of the LANDSCAPE ARCHITECT. II. GENERAL SCOPE OF WORK The LANDSCAPE ARCHITECT shall provide the following additional services: A. Expansion of the Pool Concession Building: The LANDSCAPE ARCHITECT shall provide complete Construction Documents for the revisions to the previously designed Pool Concession Building in order to accommodate an enlarged full-service cooking kitchen. These services shall include architecture, mechanical engineering, electrical engineering and structural engineering design. B. Pool Pump Buildings: Due to the increased complexity of the swimming pool complex and associated pumping and filtration equipment, the LANDSCAPE ARCHITECT shall provide complete design and Construction Documents for the expansion of the previously designed pool equipment building from 3800 square feet to 6800 square feet. Additionally, the LANDSCAPE ARCHITECT shall provide complete design and construction documents for two additional pool pump buildings at the swimming pool complex. These buildings shall be 1550 square feet and 650 square feet in size. Such services shall include architecture, mechanical engineering, electrical engineering and structural engineering design. C. Sports Area Concession Building Prototype: The LANDSCAPE ARCHITECT shall prepare complete design and Construction Document preparation services for a Sports Area Concession/Restroom facility. A single set of plans shall be completed, but it is understood that two such buildings shall be constru~t:~ z: ~- 2mt _ .. Agefda Itc of this project. This prototype shall be a single story structure. Services shall include ,o. ?FZ 0 ~ architecture, electrical engineering, mechanical engineering and structural engilteeriag.. _ JOri 4 003 design. '[ ~ D. Maintenance Building: The LANDSCAPE ARCHITECT shall assist the project Construction Manager (Kraft Construction) with mechanical, electrical and structural engineering design of the proposed metal maintenance building. This metal building shall be designed by others. Additionally, architectural services shall be provided for interior design and construction of interior walls. E. The LANDSCAPE ARCHITECT shall assist the Construction Manager as necessary to provide construction cost estimates of all of the buildings described herein. III. COMPENSATION Total compensation for all services, materials, supplies and any other requirements necessary to complete the Change Order work as described herein shall be the lump sum of $77,358.75. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: North Naples Regional Park PROJECT #: 80602 BID/RFP #: 99-2947 MODIFICATION #5 CONTRACT AMOUNT: ORIGINAL $1,195,190. CURRENT $1,365,722.75 CURRENT COMPLETION DATE(S): ORIGINAL: 8/5/2002 CURRENT: 7/30/2003 Last BCC Approved Amount $1,195,190. Date of Last BCC Approval: 5~23~2000 Agenda Item # 16(C)1 SUMMARY OF PROPOSED CHANGE(S): During the design development of the project, it became apparent that the Pool Concession Building and Pool Pump Buildings needed to be expanded beyond their original scope. The Concession Building must be redesigned for a full-service cooking kitchen. The Pool Pump Buildings must be expanded from 3,800 s.f. to 6,800 s.f. to accommodate the increased complexity of the pool complex and associated pumping and filtration equipment. Additionally, in order to bring the project costs in line with the project budget, redesign of the Sports Concession Building and Park Maintenance Building is required. The Sports Concession shall be redesigned as a single story structure at a large construction cost savings to the County. The Maintenance Building shall be redesigned as a metal building at a large construction cost savings to the County. These changes total $77,358.75, which will be greatly offset by the construction savings of over $300,000. These changes were County initiated. JUSTIFICATION FOR CHANGE(S): This Change Order #5 is justified as it is an addition to the original scope of the project. The increased square footages and changes to the Architectural design are above and beyond the original contract. The changes to bring the project in line with the project budget are County directed total redesigns that accomplish substantial cost savings to the County. PARTIES CONTACTED REGARDING THE CHANGE: Senior Project Manager, Parks and Recreation Director, Assistant County Attorney, Senior Purchasing Agent, Public Services Administrator, Purchasing Director IMPLEMENTATION STEPS (Verify each before proceeding with change) _x_ Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable ~ Agend~ Date: Date: COMMENTS: 5/13/03 L ' Agenda ~e~ No. JUN 2 4 2003 pcj. ~.._....._.~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN TItE AMOUNT OF $50,000 TO ENSURE CONTINUOUS FUNDING OF THE HOME AND COMMUNITY BASED MEDICAID WAIVER GRANT. OBJECTIVE: To amend the Medicaid Waiver operating budget at FY02-03 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing case management and in-home respite services to Collier County's frail elderly for the past 9 years through the Medicaid Waiver program. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2003 through June 30, 2004. This continuation grant in the amount of $520,344 for the period July 1, 2003 through June 30, 2004 will allow for the delivery of in- home and case management services to the County's frail elderly preventing premature and costly institutional placement. The grantor agency, Senior Solutions of Southwest Florida, has guaranteed that funding will be received at no less than the FY02-03 allocation. When final contracts are received in late June 2003, budget amendments will be prepared to reflect the actual allocation. The total grant amount of $520,344 is funded from the State of Florida grants and aids appropriation. Of the total grant award, $50,000 will require a budget amendment to recognize the direct funding portion of the County for case management. The remaining $470,344 will be retained by the grantor agency for direct payment to vendors GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: Budget will increase by $50,000. This grant requires no local matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to ensure continuous funding of the Home and Community Based Medicaid/~W/~'iver gr~nX~/ ~f~t . Prepared by: (~b:[] (/~'~ ...... '4ger$i Daniels, Accountant, Services for Seniors Reviewed and Approved by://~~ B-~ Williams, Director, Human Services Reviewed and Approved by: Johq Dunnuck, Public Services Administrator Date: Date: ~/// NO._ JUN 2 200] EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $544 TO ENSURE CONTINUOUS FUNDING OF THE ALZHEIMER'S DISEASE INITIATIVE GRANT. OBJECTIVE: To amend the Alzhe~mer s D~seas Initiative (ADI) operating budget at FY02-03 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing case management and facility respite services to Collier County's frail elderly for the past 12 years through the Alzheimer's Disease Initiative. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2003 through June 30, 2004. This continuation grant in the amount of $101,546 for the period July 1, 2003 through June 30, 2004 will allow for the delivery of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes with help. The grantor agency, Senior Solutions of Southwest Florida, has guaranteed that funding will be received at no less than the FY02-03 allocation. When final contracts are received in late June 2003, budget amendments will be prepared to reflect the actual allocation. The total grant amount of $101,546 is funded from the State of Florida grants and aids appropriation. Of the total grant award, $544 will require a budget amendment to recognize the direct funding portion of the County for case management. The remaining $101,002 will be retained by the grantor agency to pay for direct services authorized by Collier County Services for Seniors. GROVqTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: Budget will increase by $544. This grant requires no local matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to ensure continuous funding of the Alzheimer's Disease Initiative Grant..~[, ~f~ Prepared by: i [~J,~/~, ~ Date: ~-// ff~ X~l<~/rri Daniels, Accountant, Services for Seniors Reviewed and Approved by:/~)./-<~-~2:~ ~~ Date: ~ ~'(,/~5 Bar~ Williams, Director, Human Services A rowa .y: Jo0n Dunnuck, Public Services Administrator JUN 2 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT OF $2,436 TO ADDITIONAL GRANT REVENUE IN THE RSVP PROGRAM. RECOGNIZE OBJECTIVE: Recognize and appropriate additional RSVP grant revenue. CONSIDERATION: The RSVP program receives funding through the National and Community Service Senior Corps. The Grant award was received in July after the budgeting process was determined for FY '03. The amount budgeted was estimated; however, with the Federal Grant notice, the award amount was $2,436 more than previously budgeted. The RSVP program provides volunteer opportunities for citizens, who are 55 and older to provide public services to non-profit organizations, individuals, and governmental entities within Collier County. A budget amendment is required to recognize and appropriate this additional reveune. FISCAL IMPACT: Approving this budget amendment would increase the RSVP Grant FY'03 budget by $2,436. No additional general fund match monies are required. GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. RECOMMENDATION-'. Recommend that the Board of County Commissioners approve a budget amendment to recognize actual grant award amount provided to the RSVP program versus original amount budgeted for FY '03 in the amount of $2,436. Date: SUBMITTED BY,, _ Ba~ williams, Director, Human Services ' / Joh0 Dunnuck, III, Administrator, Public Services Agefld~ ~ JUN 2 4 2003 F'cj. / ~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $6,069 TO ENSURE CONTINUOUS FUNDING OF THE HOME CARE FOR THE ELDERLY GRANT. OBJECTIVE: To amend the Home Care for the Elderly (HCE) operating budget at FY02-03 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: For the past' 8 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state funded program. This continuation grant in the amount of $89,586 for the period July 1, 2003 through June 30, 2004 will provide in-home support services through the encouragement and management of family-type living arrangements in private homes as an alternative to costly and permanent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The grant requires no local matching funds. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2003 through June 30, 2004. Ihe grantor agency, Senior Solutions of Southwest Florida, has guaranteed that funding will be received at no less than the FY02-03 allocation. When final contracts are received in late June 2003, budget amendments will be prepared to reflect the actual allocation. The total grant amount of $89,586 is funded from the State of Florida grants and aids appropriation. Of the total grant award, $6,069 will require a budget amendment to recognize the direct funding portion to the County for case management. The remaining $83,517 will be retained by the grantor agency to pay for direct services authorized by Collier County Services for Seniors. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: Budget will increase by $6,069. This grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to ensure continuous funding of the Home Care for the Elderly Grant. ~ Prepared by: ~/ .~ ~/_/ '-~Y.~rrl~Daniels, Accountant, Services Review ed and ////! !~///// ///1/ Approved by: ///,~9~ ~/~ for Seniors Date: ~-// Barry Williams, Director, Human Services Reviewed and ~./~ t~_~~ Approved by: Date: J~hn Dunnuck, Public Services Administrator JUN 2 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $204,523 TO ENSURE CONTINUOUS FUNDING OF THE COMMUNITY CARE FOR THE ELDERLY GRANT. OBJECTIVE: To amend the Community Care for the Elderly (CCE) grant operating budget at FY02-03 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 29 years through the Community Care for the Elderly program. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2003 through June 30, 2004. The grantor agency, Senior Solutions of Southwest Florida, has guaranteed that funding will be received at no less than the FY02-03 allocation. When final contracts are received in late June 2003, budget amendments will be prepared to reflect the actual allocation. The total grant amount of $818,655 is funded from the State of Florida grants and aids appropriation. Of the total grant award, $204,523 will require budget amendments to recognize the direct funding portion of the County for administration, case management and transportation. The remaining $614,132 will be retained by the grantor to pay for direct services authorized by Collier County Services for Seniors. A total of $64,900 in local cash matching funds was approved in the FY 03 budget as a contribution from the General Fund (001) to Services for Seniors (123). GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: Budget will increase by $204,523. Required matching funds in the amount of $64,900 have already been budgeted for FY03. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to ensure continuous funding of the Community Care for the Prepared by: vi es~l~rri for ~)anieis, Accoyntant, Ser 'c Seni, rs Reviewed and Approved by: ~la~-i[y Williams, Director, Human Services Approved by: JohqDunnuck, Public Services Administrat or Date: Date: Date: kgend~ It. em! / JUN 2 q 20O3' EXECUTIVE .SUMMARY AUTHOI:LT. ZATT. ON TO APPROVE AN EXTENSZ:ON OF AN A6REEMENT WITH THE ,SOUTHEASTERN I.J:BRARY NETWORK (50LINET) AND PERMISSION FOR CHAIRMAN TO SIGN AGREEMENT. OB3ECTZVE: To approve an extension of an agreement with 5OLINET, the sole source of on-line bibliographic cataloging information and interlibrary Inan service. CONSIDERATIONS: The Collier County Public Library has purchased cataloging and other bibliographic services (interlibrary loans, retrospective conversion, etc.) for the last twelve years from OCLC, through 5OL]:NET. OCLC is a nonprofit membership organization service over 43,000 libraries throughout the world. 5OL]]NET is the sole source for access to this service in the 5outheastern United 5tares. Our eight technical services computer terminals are connected 24 hours per day to the OCLC server in Dublin, Ohio. The original agreement with 5aL:NET was approved by the BCC on April 15, 1986, and has been extended annually since then. Prices for principal use of the system remain unchanged since the extension was approved last year. All other conditions of the original agreement remain the same. Use of 5OLINET has allowed the Library to process materials that would have required three additional professional catalogers and three additional clerical assistants were we still operating on o manual basis. FISCAL IMPACT: The total costs for the services provided will be approximately $3§,000 in FY2003. Funds for this contract are available in the Librom/'s state aid fund (Fund 129). GROWTH MANAGEMENT IMPACT: Level of Service Standards require that the Collier County Public Library provide 1.5 books per capita in the County's Library system. Cataloging must be provided to allow ready access to the books. Without this contract, it would be impossible to produce this cataloging without a substantial addition to the staff. RECOMMENDATION: Staff recommends Board approve the extension of the agreement with 5OLZNET and outh~ize the chairman to sign the extension agreement._ Reviewed and ~~, ~t~/L . x~ ' ~ - 4o-/( Approved by: Steve ~arnell, F~rchosing Director Approved by: ,To~hn bunnuck Public Services Administrator Agen dls.~.t, er~ / No. / ~/'~ /~-' JUN 2 4 2003 pg. I soliN T Contract Extension A NETWORK OF KNOWLEDGE'~ ill To: John Jones Collier County Public Library OCLC Symbol: FNO From: Kate Nevins, Executive Director Date: April 17, 2003 Subject: Contract Extension The Bibliographic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLINET) expires May 1, 2003. The present agreement will be extended until such time as a new base contract is negotiated between SOLINET and OCLC. Please reaffirm all of the provisions of the existing agreement by signing both copies in the space below and returning one copy to Natalie Chase at the SOLINET office. Please contact her if you have questions regarding the contract or this extension. Extension Agreement In consideration of the mutual undertakings contained therein, SOLINET and the undersigned institution hereby agree to extend the Bibliographic Products and Services Agreement existing between them until April 30, 2004 or the date of execution of a new Bibliographic Products and Services Agreement between them, whichever date is later. Except for the date of termination of such agreement, SOLINET and institution hereby reaffirm and ratify all terms and r>rovisions of such agreement. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA SOLINET Tom Henning, Chairman , ,~._....~__( ' ATTEST: TITLE: Executive Director DWIGHT E. BROCK, Clerk DATE: April 17, 2003 By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palm 1.800.999.8558 ~,~ 404.892.7879 No. /~ , JUN 2 2003 ~ www solinet.net EXECUTIVE SUMMARY, APPROVAL OF A SOLE SOURCE SERVICE AGREEMENT WITH MEDTRONIC PHYSlO- CONTROL FOR THE MAINTENANCE AND UPGRADE OF LIFEPAK MONITORS FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT IN THE AMOUNT OF $33,132.00 OBJECTIVE: To maintain and upgrade Medtronic Physio-Control LifePak monitors for the Emergency Medical Services Department in a cost effective manner. CONSIDERATION: The LifePak 12 Defibrillator/ Monitor by Medtronic Physio- Control gives paramedics access to sophisticated diagnostics and related treatments in the field. This single piece of equipment monitors the ECG continuously, measures the level of oxygen in the blood and, if necessary provides, defibrillation and pacing to help maintain the heart's rhythm. The Collier County' EMS Department must assure these vital pieces of equipment are maintained and repaired per the manufacture's requirements. Additionally, the LifePak 12's technology is routinely upgraded through improvements in technology made available from Medtronic. The Board of County Commissioners has previously approved the lease / purchase of thirty-one (31) Medtronic Physio-Control LifePak 12 monitors and battery support systems from Medtronic Physio-Control. The proposed service agreement provides the following for the LifePak 12: · Scheduled monitor upgrades Unscheduled monitor repairs No charge of covered monitor repairs · Discounted uncovered monitor repairs · Training of Collier County colleagues on new upgrades Discounted prices on new purchases Battery replacement program Loaner monitor program FISCAL IMPACT: Funds in the amount of $33,132.00 have been budgeted for FY 03 in EMS Fund 490. Annual cost of this Technical Service Support Agreement will increase as the number of units increases. GROWTH MANAGEMENT IMPACT: There is no Growth Management. lrnp~c.t [ Agenct~..I~em associated with this Executive Summary. [ Mo. ~/_,~__.\'~ I JUN2 2003 RECOMMENDATION: That the Board of County Commissioners approves the Technical Service Support Agreement between Collier County and Medtronic Physio- Control for service and upgrades of LifePak monitors. This agreement is to remain in force for as long as Medtronic Physio-Control is the sole source provider of these services. SUBMITTED BY:. Gien Alde~ri'~. ~g y ' ' REVIEWED BY: ~ Date: ~-/t.~ ~(.~ ~, Dan Bowman, Division Chief, Emergency Medical Services REVIEWED BY: REVIEWED BY: APPROVED BY: (~' ~"ar /~'-" nc Date: ..)"l. Jo/oJ jeffP~irectOri,~Snerge y Medical Ser:vicc/s 11, ~irector, Purchasing Department Johr~: Dunnuck, Public Services Administrator .o._ JUN 2 ~ 2003 Pcj. , & MEDTRONIC PHYSIO - CONTROL COPY TECHNICAL SERVICE SUPPORT AGREE~NT PHYSiO-CONTROL Conu-am Number: End User# 01304202 COLLIER COUNTY EMS 3301 E T,~¥EL&MI TR?J~L NAPLES, FL 34112 This Technical Service Support Agreement beans on Bill To # 01304202 COLLIF_t[ COUNTY EMS 3301 E TAN[IAMI TR.~ NAPLES, FL 34112 10/1/2002 and expires on 9/30/2003. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and UPgrade Service is included on Schedule A then this Technical Service Support Ageement is also subject to Medtronic Physio-Control Corp.'s Data Management Support and Upgade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $33,132.00 per term, payable in Monthly installments. Special Terms 17% DISCOL~mFf ON DATA MANAGEMENT PRODUCTS 17% DISCOU2N'T ON LP 12 UPGRADES Accepted :.MEDTRONIC,PHYSIO-CONTROL CORP. Customer: By: Print: Title: Date: Purchase Order Number: Temtory Rep: EASS57 BILL SUC_,GETT Phone: 800-442-1142 X2464 FAX: 800-772-3340 Customer Contact: GLEN ALDERFER Phone: 941-732-2538 F.4DC 941-775-4454 Reference Number: S57-2264 Printed: I2/I 1/2002 JUN 2 ~ 2003 Pg. ~ Renew~ Page 1 of 6 MEDTRONIC PHYSIO-CONTROL CORP. TE~CAL SERVICE SUPPORT AGREEMENT SCR'EDULE A Contract Number: Servicing Rep: District: Phone: FAX: Equipment Location: Scope Of Service Model BILL SUGGETT, EASS57 SOUTHERN 800-442-1142 X2464 800-772-3340 COLLIER COUNTY EMS, 01304202 On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Part Number Serial Number Line Date Expiration Date Total Inspections LIFEPAK~ 12 LI]FEPAK$12 LIF~AKg 12 LIIrEPAK~ 12 L]TEPAKt I2 LIFEPAKg. I2 L1Z-'EP.~K:¢ 12 LIFI~AK$ 12 LIFEPAK® 12 LIFEPAKg 12 LIiZEPAK~ I2 L lb-T_PAK® 12 LIFT. P.~K~ 12 LIFEPAK~ 12 LIZ-52PAK~ 12 LIFEPAK~ 12 LIFEP.~K® 12 LIFEPA_K® 12 LIFEPAK® 12 LIFEPAK® 12 LllZ~AK® 12 LIFEPAK® 12 LIFEPAK~ 12 LIFEPAK~ 12 LIF~AK® 12 LlYEPAK® 12 LIFEPAK® 12 LIFr2>AK® 12 LiFE~PAK® 12 LIFX~AK® I2 LIFEPAK® 12 VLPI2-02-000624 12197097 50 10/1/2002 VLPI2-02-000055 11265289 33 10/1/2002 VI,P 12-02-000055 11265291 32 10/1/2002 VLPI2-02-000055 11265292 31 10/I/2002 VLP12-02-O00055 11265293 30 10/1,2002 VLP12-02-000055 11265294 29 10/1/20©2 VLP12-02-O00055 11246576 34 10/1,2002 VLP12-024300055 11265297 27 10/1/2002 VLP12-02-000055 11265298 26 10/1,2002 ¥'LP 12-02-000055 11265299 25 10/1/2002 V'LPI2-02-000055 11265301 23 10/I/2002 VLP12-02-O00055 11265302 22 10/1/2002 VLP I2-02-000055 11265303 21 I0/1/2002 VLP 12-02-000055 11265288 20 10/1/2002 V-LP 12 -02-000055 11246577 15 I0/1/2002 V'LP 12-02-000055 11265295 28 10/1/2002 VLP12-02-000055 11246579 45 10/1/2002 VLP 12-02-000624 12197096 49 10/1/2002 VLP 12-02-000055 11265300 24 10/1/2002 VLP 12-02-000055 11265287 35 10/1/2002 V'LP 12-024)0(O55 11265290 48 10/1/2_002 VLP12-02-000055 11246578 46 10/1/2002 VLP12-024)00055 11265277 44 10/1/2-002 VLP12-02-000055 11265279 43 10/1/2002 VI,P 12-024K)0055 11265284 38 10/1/2002 VLP 12-024)00055 11265281 41 10/1/2002 VLP12-02-000055 11265282 40 t0/1/2002 VLP 12-02-000055 ! 1265283 39 10/I/2002 VLP12-02-000055 11265280 42 10/1/2002 VLP 124)2-000055 11266557 VLP12-02-000055 11265285 9/30/2003 9/30/2 003 9/3O/20O3 9/30/20O3 9/30,'2.,003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30,'2003 9/30/2003 9/30f2_003 9/30/2003 9/'30/2003 9/30~003 9/30/'2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30/2003 9/30,'2003 47 10/1/2002 9/30/_*.003 37 10/1/2002 9/30/2003 ~ Refer== Number' S57-.~~64 Printed: 12/11/2002 ~mZ_PAK~ 12 VLP12-02-000055 11265286 36 10/1/2002 9/30/2003 1 Scope Of Service Model On Site Repair Only: M-F/8-5 Part Number Sehal Numt~ Ret Effective Expira~on Total Line Date Date Inspections BATTERY SUPPORT SYSTEaM 2 BATI'EP.Y SUPPORT SYSTEM 2 BATTERY SUPt~RT SYSTEM 2 BATTF--RY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTI~VI 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 BATTERY SLrpPORT SYSTEM 2 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11'.26278 8 10/1/2002 9/30/2003 V'BSS24)2-000009 11226281 7 10/1/2002 9/30/2003 VBSS2-02-000009 11226545 6 10/1/2002 9/30/2003 VBSS2-02-000009 11226796 S 10/1/2002 9/30/2003 VBSS2-02-000009 11228864 3 10/1/2002 9/30/2003 VBSS2-02-000009 11225689 9 10/1/2002 9/30/2003 VBSS2-02-000009 11201795 18 10/1/2002 9/30/2003 VBSS2-02-000009 11228865 2 10/1/2002 9/30/2003 VBSS2-02-000009 11226829 4 10/1/2002 9/30/2003 VBSS2-02-000009 11225664 10 10/1/2002 9/30/2003 VBSS2-024)00009 11224526 11 10/1/2002 9/30/2003 V-BSS2-02-000009 11215838 12 10/1/2.002 9/30/2003 VBSS2-02-000009 11215185 13 10/1/'2-002 9/30/2003 VBSS2-02-000009 11210580 14 10/1/2002 9/30/2003 VBSS2-02-000009 11201809 17 10/1/2002 9/30/2003 VBSS2-02-000009 11210595 19 10/1/2002 9/30/2003 VBSS2-02-000009 11210578 1 10/1/2002 9/30/2003 VB SS2-02-000009 11204500 16 10/1/2002 9/30/2003 ** IS~m3otes an inventor' line that has changed since the last contract re~wision or addemdum Reference Numb er: Printed: 12/11/2002 S57-2264 MEDTRON-IC PHYSIO-CON~I'ROL CORP. TEC]~TNICAL SERVICE SUPPORT AGREEMENT SClZrEDLrLE A Contract Number: Additional Items Service Type Item Quantity Start Date End Date CASE CI--I_4NGE LP12 LIMITED CASE CHANGES 4 10/1/2002 ~ Denotes an additional item line that has changed since the last con~'act revision or addendum. 9/'30/2003 Reference Number: S57-2264 Phnted: 12/11/2002 P~e 4 of 6 MEDTRONIC PItYSIO-CO~ROL CORP. TECItNICAL SERVICE SUPPORT AGREEMENT SCltEDULE B LIFEPAK~) 12 DEFiBRILLATOR/MONITOR BatteD' Support System mcluded when listed on equipment inventory (Schedule A). Batmry Support System 2 included when hsted on equipment inventory (Schedule A). AC Power Adapter included when listed on equipment inventory (Schedule A). DC Power Adapter included when listed on equipment inventory (Schedule A). Defibrillator paddle repairs are included (excludes internal, sterilizable and pediatric paddles). Communications and PaUent cables are excluded. PCMCIA Modems are excluded. Therapy cables are excluded. SpO2 Sensors are excluded. Case Changes are excluded. Discount of 17% from the field installed list price for any current and/or future available LIFEPAK(K}2 upgrade is included when installed by. Medtronic Physio-Control Technical Services. · Discount of 17% from list price for any Medtronic Physio-Control® Data Management product is included. · Discounts may. not be combined with any other special terms, discounts and/or promotions. Medtronic Physio-Control Fastpak®, Fastpak 2, Lifepak SLA and Lifepak NiCd Battery · Customer retain~ the responsibili .ty to perform the battery maintenance and evaluation procedures outlined in the operating instruction manual and ta replace batteries that do not pass the conditions ontlined under "Discarding/ Recycling Batteries." Batteries failing to meet batte~ performance tests should be removed from serVace and properly discarded (recycled), · l_f customer provides evidence that a Medtronic Physio-Control Battery Pak fails to meet the performance tests noted above and/or the Battery. Pak age exceeds 2 years, Medtronic Physio-Control shall replace said Medlxonic Physio-Control Battery. Pak 0ike for hke) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for LllrEPAK SLA, or LIFEPAK NiCd for LIC~PAK NiCd, up to a mammum of 4 Medtronic Physio-Control Bauer' Paks every two years (incl,cling prior Support Plan pm-iods) per LIFEPAKg' 12 defibrillator/monitor (lismd on Schedule To assist in proper recycling and removal of low capaci~' batteries, replaced Battery Paks become the property of Med~xonic Physio-Control and must be returned at the time of exchange. · Only batteries manufactured by. Medtronic Physio-Control are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Sen'ice Agreement. Medlr°mc Physio-Control cannot guarantee the operal/on, safeB~ and/or performance of our product when operating with a non-Medtronic Physio-Control batty.. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic Physio-Control batteR'. An5' repatrs, as determined by a Medtronic Physio-Control Service Representative, resulting from the use of a non-Medtronic Physio-Control batter5', will be billed at our standard list prices for parts and labor, including actual travel charges recurred_ Lifepak®12 Software Updates · If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory. for Lifepak 12 units, at the customer's request, a Medtronic Physio-Control Technical Sex,rices Representative will install Lffepak 12 software upclams at no additional charge provided it is installed at the time of a regularly scheduled inspection. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by. the customer at a 50% discount off`the current list la-ice of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled inspection will be billed at $205 per unit per software update. The cost of the software update will be billed on a separate invoice. · If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units, at the customer's request a Medtronic Physio-Control Technical Services Representative will install a Lifepak 12 software upda~ at a discounted price of $205 per umt per soft:ware update. In addition dunng the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assembhes may be purchased by. the customer at a 50% discount offthe cmi~u[ list price efta new assembly. The cost of the software updam will be billed on a separate invoice. · Discounts may not be combined with any other special terms, discounm and/or promotions. S57-2264 Reference Number: Printed: 12/I 1/2002 EXECUTIVE SUMMARY AUTHORIZE AUDIT OF FINANCIAL MANAGEMENT SYSTEM CONFIGURATION UNDER CONTRACT 98-2794. OBJECTIVE: To receive an independent assessment of the recently implemented SAP financial management system in order to facilitate further plans to maintain and enhance the system. CONSIDERATIONS: The Board of County Commissioners agency initiated use of the SAP integrated financial management solution in January. All Board departments are using the system to process numerous transactions and the implementation to date has been largely successful. The Clerk of Courts and Supervisor of Elections agencies are scheduled to go into live production in the system on October 1, 2003. Additionally, various Board departments are planning to enhance existing and to activate additional modules and functionalities in the coming months. In light of these considerations, the project steering committee believes that a comprehensive, independent review of the current system configuration would be a valuable tool in identifying methods to improve current system performance prior and pursuant to further expansion of system utilization. The County is presently under contract with KPMG Peat Marwick to perform external audit services and staff recommends engaging this firm to provide the recommended review. The engagement will be transacted by issuance of a purchase order subject to the terms and conditions of the originating agreement. FISCAL IMPACT: The negotiated cost of the engagement is $68,000, including fees and expenses. Funds are available in the Financial Management System project 50017. Source of funds is Ad Valorem. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners authorize engaging the firm of KPMG Peat Marwick to conduct an audit of the existing SAP configuration under the current external auditor services agreement. SUBMITTED BY: ~~' ~j ' ~~? Date: Steve Carnell, Purchasing/General Services Director REVIEWED BY: ~~'~'~ ~/~'/~-~/ Date: JMes L. Mitchell, CIA, CFE, CBA Fih~ance Director REVIEWED BY: __ Date: Interim Administrative Services Administrator I JUN Z 4 2003 EXECUTIVE SUMMARY APPROVAL OF THE COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN OBJECTIVE: To request BCC approval of the Collier County Government Equal Employment Opportunity Plan. CONSIDERATION: The BCC is the grantee for grant funding received by the Sheriff's Office from the U.S. Department of Justice. The Department of Justice requires the grantee to have an Equal Employment Opportunity Plan (EEOP). The purpose of an EEOP is to ensure full and equal participation of men and women regardless of race or national origin in the workforce of the recipient. As a recipient, the Board Agency is required to maintain an EEOP on file for review by the Office of Justice during their monitoring visits. An EEOP is a document that analyzes the agency's workforce in comparison to its relevant labor market data and all agency employment practices to determine their impact on the basis of race, sex, or national origin. The report includes the County's EEO Policy, Human Resource practices, the results of the comparison of labor market data, and goals and objectives to overcome any deficiencies. The plan has been reviewed by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact for the plan. However, the EEOP is a grant requirement for receiving the grant funding. The Sheriff's Office effective grants awards total $14,379,870 from the U.S. Justice Department. Failure to have an EEOP could result in suspension of draw down of funds until an EEOP has been approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board approve the Collier County Board Agency Equal Employment Opportunity Plan. SUBMITTED BY: JUan M~'rritt-'" k .... ' % Director, Human Resources Date: APPROVED BY: ~ Acting Administrator, Administrative Services Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EQUAL EMPLOYMENT OPPORTUNITY PLAN SHORT FORM Grant Title: [See Attached] Grantee Name: Collier County Grant Nnmber: [See Attached] Award Amount: $14,379,870.69 (Total) Address: 3301 Tamiami Trail East, Naples, FL 34112 Date and Effective Duration of EEOP: October .1, 2003 - September 30, 2005 Contact Person: James Koontz Telephone #: Labor/Employee Relations Manager Collier County Board of County Commissioners (239) 774-8272 Policy Statement: It is the continuing policy of Collier County Board of County Commissioners to ensure that all Human Resources policies and practices are administered without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status. [Ref. Collier County Personnel Ordinance No. 2001-50.] All Human Resources practices, including compensation, benefits, discipline, safety, as well as social and recreational activities are administered and conducted in compliance with state and federal law. All recruitment, selection, placement, promotion, transfer, training, and layoffdecisions are based solely on the candidate's/employee's job-related qualifications and abilities. Outreach pro,ams may be utilized to recruit, hire and ensure advancement of qualified minority, group members, women, disabled individuals and veterans. Collier County Government takes steps as necessary to ensure that the work environment is free of unlawful discrimination or harassment. The County. reviews its Human Resources procedures to ensure that its supervisors and managers adhere to its commitment to Equal Employment Opportunity principles. Collier County Government encourages employees who have EEO-related questions, comments or complaints to discuss them with their supervisor, department director, administrator, or a representative bom the Human Resources department. Employees are also encouraged to utilize the Commitment to Fair Treatment Procedure. Additionally, Collier County Government is implementing an Employee Protection Line<ii), a state-of-the art program that increases employer awareness, deters wrongdoing like discrimination, and provides a means for effectively resolving problems should they arise. DATED: ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIO~, COLLIER COUNTY, FLOR1DA By: By' Approved as to form and legal sufficiency: Assistant Cotmty Attorney Collier County Equal Employment Opportunity Plan 1 o o 0 0 c- o } z z 0 =<8 = .o_ ~ ~ ._ NARRATYv'E UNDERUTILIZATION ANALYSIS A comparison of the Collier County workforce to the community labor statistics for Collier County, Florida, based on 1990 U.S. Census data - which may or may not reflect the current community workforce - indicates underutilization of Hispanic females and, to a lesser extent, Hispanic males in two job categories. In the Para-Professional category, there appears to be underutilization of Hispanic females, Black 'females and Black males. In the Protective Services category, comprised of Security Officers, underutilization is indicated for White males, Hispanic females, Black females, and Black males. Demographic statistics show very small populations of Asian/Pacific Islander and American Indian/Alaskan Native individuals. Therefore, the underutilization analysis focused on the number of Black, White and Hispanic Individuals in the workforce. For purposes of this analysis, underutilization of less than one percent (1%) was considered negligible. As a result of the underutilization analysis, the ~ollier County Equal Employment Opportunity Plan (EEOP) will address the more significant areas of underutilization; however, Collier County welcomes the opportunity to increase ~he representation of all underutilized groups and will continue to explore ways of communicating job openings to all race and ethnic groups. After reviewing the utilization analysis, the following areas of concern were identified: Officials/Executive - Hispanic males are underutilized by 4.4%, and Hispanic females are underutilized by 2.2%. Protective Services - Hispanic females are underutilized by 5.0%. Black females and males are underutilized by 2.6% and 1.2%, respectively. Para-Professional - Hispanic males and females are underutilized by 18.8 and 8.3°,/0, respectively. Black females are underutilized by 4.7%, and Black males by 3.2%. Skilled Craft - Hispanic females and males are underutilized by 31.2% and 5.8%. respectively. Collier County Equal Employment Opportunity Plan 5 Collier County, is committed to achieving diversity among the members of its workforce such that it more closely reflects the available labor force in the community. Based on the results of the underutilization analysis, Collier County has established the following objectives: > Because it appears that Hispanic females and Black females are underutilized in four job categories, Collier County will try to am'act qualified applicants who are in those groups. ~ With undexutilization indicated for White males (5.4%), Hispanic females (5.0%) and Black females and males (2.6% and 1.2%, respectively) in Protective Services jobs, Collier County will review all job requirements and hiring procedures in this area to assure that no unnecessary barriers exist that would deny job opportunities to qualified individuals in these groups. Similarly, in the Skilled Craft jobs, under~tilization of Hispanic females (31.2%) and males (5.89%), will be studied to determine methods for attracting these underrepresented groups, and based on those studies, appropriate actions will be implemented. STEPS TO ACHIEVE OBJECTIVES Collier County. will continue to monitor current data, as it becomes available, to ensure that underrepresented groups receive equal opportunity to secure employment with the County. Specifically, the 2000 U.S. Census data, when available, will be analyzed. Based on the results of that analysis, steps will be taken to achieve better utilization of any underrepresented groups. Collier County will seek ways of reaching underutilized groups through advertisements of open positions, and the County. ~ill continue to offer job fairs that are convenient for eve~one from Collier and surrounding counties to attend. Collier County will continue to expand its networks with local professional women's and minority associations. The relationships with Black and Hispanic Advisory Boards will also oe utilized to encourage input when vacancies occur in Services/Maintenance jobs. Collier County will continue the practice of posting open positions on the County. website, as well as posting the positions in the Human Resources office (available to the public) and utilizing the "Jobs Hot Line." Collier County will continue the practice of advertising applicable job vacancies in minori~ publications, both state and local. Collier County will monitor the job applicant pool on a quarterly basis to assure that qualified candidates fi-om underutilized groups are being reached and are not disproportionately rejects for employment. Collier County will continue to offer a diversity training course to emphasize the benefits of learning how to understand, respect and value the differences among people. Collier County Equal Employment Opportunity Plan 6 DISSEMINATION EXTERNAL Continue to include the statement "Collier County is an Equal Opportunity Employer" on the website and "An Equal Opportunity Employer" on the job application. ~ Post the EEO Plan on Collier County's Internet website. Post a memo in conspicuous locations of Collier County facilities explaining how applicants and members of the public may obtain a copy of the EEO Plan. Annually inform all active recruiting sources, if any, in writing of the EEO Plan and the commitment ~fCollier County to provide equal opportunities for all qualified candidates. Include a statement on the Collier County intranet advising of the availability of the EEO Plan and Collier County's commitment to it. 3 Conspicuously post the EEO Policy on bulletin boards within departments of the County. Meet with Collier County Administrators and Directors to assure that they are familiar with the County's EEO objectives. Collier County Equal Employment Opportunity. Plan 7 ATTACHMENT I U.S. DEPARTMENT OF JUSTICE GRANTS As of June 2, 2003 CFDA Number 16.607 16.607 16.523 16.710 16.710 (U.S. Department of Justice Grants to the Collier County SheriWs Office) Grant Title Grant Number Grantee I Name N/A CC CC Bulletproof Vest Program Bulletproof Vest Program Civil Citation COPS In Schools COPS In Schools N/A CC015 1999SHWX0314 2000SHWX0839 Award Amount $32,612.27 $2,272.42 CC t $61,628 CC CC $1.125,000 $1,500,000 $1,000,000 16.710 COPS In Schools 2001SHWX0581 CC 16.710 COPS In Schools 2002SHWX0581 CC $1,000,000 16.579 Coastal Defense 03CJ5A092101 I01 CC $95,282 16.710 COPS MORE 2000CMWX0058 CC $111,611 16.710 COPS MORE 2002CLWX0035 CC $787,860 16.710 COPS UHP 95CCWX0165 CC $5,625,000 16.710 COPS UHP 2002ULWX0070 CC $750,000 16.579 Domestic Security Protective Gear 03CJJ1092101243 CC $65,526 20.601 Immokalee DUI Enforcement Project J8020607 CC $27,463 10.553 Federal Meal Program 01-0338 CC $33,900 16.579 03CJ5A092101102 CC $110.250 Juvenile Assessment & Monitoring Locai Law Entbrcement Block Grant 16.592 2001LBBX1269 CC $299.283' 16.592 Local Law Enforcement Block Grant 2002LBBX0347 CC $258,351 16.606 SCAAP 2000APBX0483 CC 5525.772 16.606 SCAAP 2001APBX905 CC $308,561 SCAAP STOP Violence Against Women 2002F0169FLAP L J169 CC $349,973 $137.363 16.606 16.588 16.579 20.600 THUGS 03CJJ 1092101237 Traffic Crash Report Project III FT032401 VOCA CC CC $.~, .>00 CC $32,515 16.575 I V2003 CC $98,922 30.015 DRILL - Waste Tire Program t N/A CC $3,226 I $14,379 870.69 TOTAL ~ 7 ,., vn,'a ! EXECUTIVE SUMMARY REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enable the Board to overse~ the execution of administrative change orders and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts of 10 percent or less to continue to be authorized by staff. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order Report. This report covers period beginning on or about May 15, 2003 through June 9, 2003. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accept the enclosed Administrative Change Order Report and ratify the listed change orders. PREPARED BY: Lind~'~.'Jacks°n, ~5'~t r~cts Agent Stepher~ Y. Carn:~ll, Purchasing)General Services Director REVIEWED BY: ~n-to ri ~ ,~d ministrative DATE: ~/~"°///~ ~ Services Administrai'~)r 0 o ,q- o o 00 ~ o' nn AGE: .'] "--, ho. /~.=~ J U N ~ ~, p~. Z 0 0 ~° EXECUTIVE SUMMARY APPROVE AND AUTHORIZE THE TWENTY-YEAR LIMITED WEATHERTIGNTNESS WARRANTY SERIES 2500, 2" MECHANICALLY SEAMED ROOFING SYSTEM, MANUFACTURED BY ENGLERT, INC., AS INSTALLED, AT THE MAX HASSE COMMUNITY CENTER AS EXPRESSED IN CONTRACT NO. 00-3128, "CONSTRUCTION OF THE MAX HASSE COMMUNITY CENTER". OBJECTIVE: To obtain the Board of County Commissioner's approval and authorization of the Manufacturer's warranty covering the roof at the Max Hasse Community Center. CONSIDERATIONS: The Board approved Contract 00-3128, on September 12, 2000, Agenda item (16)(D)(5). The warranty was signed on November 9, 2001 by the Factory approved installation contractor, Tri-Tech Metal Roofing, Inc. The signed warranty was sent to J.L. Wallace, the Contractor, on November 10, 2001. The warranty was reviewed by the Purchasing Department and County Attorney's office on November 19, 2001. The warranty was never submitted to the Board Of County Commissioners for authorization, hence, reflecting the time delay between that time and now. The Warranty covers defects in the Roofing System's material or workmanship in accordance with the Warranty. FISCAL IMPACT: There is no fiscal impact associated with this warranty. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Englert Manufacturers Warranty for the roof as installed at the Max Hasse Community Center. PREPARED B L.id'd~ L. Jac~S~)rk~;~ntract Agent REVIEWED BY: ~-', ~ ~',', '~; ~ ' - ' REVIEWED BY: [ ir DATE: ;, ~,. Stephen Y. Carnell, Purchasing/General Services Director ~l~ip~a~p, Inted[n ,~dn~inistrative Services Administrator JUN' Z ; 003 ENGLERT, INC. MAIN MANUFACTURING / HOME OFFICE P,O. Box 149 1200 Amboy Avenue Perth Amboy, New Jersey 08862 Phone: (732) 826-8614 Fax: (732)s2s-ss65 TWENTY-YEAR LIMITED WEATHERTIGHTNESS WARRANTY SERIES 2500, 2" MECHANICALLY SEAMED ROOFING SYSTEM ,MANUFACTURER: Address: Telephone: INSTAI,LATION CONTRACTOR: Address: Telephone: OWNER: Building Location: ENGLERT, INC. 1200 Amboy Avenue Perth Amboy, New Jersey 08861 (732) 826-8614 TRI-TECH METAL ROOFING INC. 6925 Daubon Court New Port Richey, Florida 34655 (727) 372-7142 ARCI~TECT: Address: ;elephone: GENERAL CONTRACTOR: Telephone: PROJECT NAME: Address: BARANY, SCHMITT, SUMMERS, WEAVER 5185 Castello Drive, Stfite ~4 Naples, Florida 34103 (941) 643-3102 J.L. WALLACE INC. 13041 McGregor Boulevard Fort Myers, Florida 33919 (941) 437-1111 MAX IIASSE COMMUNITY CENTER 3390 Golden Gate Boulevard Naples, Florida 34120 Area of Metal Roof: Type of Product Approved and Applied: 11,500 sq.~L Englert Series 2500, 2" Mechanically Seamed Roofing System WARRANTY PROVISIONS FOR MATERIAI,S AND WORKMANSI:IIP Englert, Inc., a New Jersey Cooperation (hereinafter "Englert"), and the Installation Contractor identified above, hereby warrant to the Owner listed above that for a period of twenty (20) years from the date of substantial completion of the Series 2500 Roofing System (the "Roofing System"), applied to the above described Building, should leaks develop in the Roofing System due sole~ to manufactuling defilerS, ordinaly wear and tear by the elements or woricrnan-ehip on the part of the In~allation Coaisactor, then subject to each and every term, condition and limitation contemned herein, they shall be respond-hie for completing such repaim to the Roofing System as are n~ to return it to watertight condition Notwithstanding any~. _hing contained herein to the contrary, during the first five years of thi.~ Wal'~nty, Englert shall only be responsible for water leaks caused by defects in material. The Installation Contractor ~hall be solely responsible for any and all cost to correct any roof water leak caused by defective workmanship or installation for the first five vears after substantial completion For the remaining fifteen years of this warranty., Englert w~l correct water leaks caused by ~efective material and will be jointly, responsible with the Installation Col~a~'~j~r,,~? caused by defective workmanship. EXCLUSIONS This Limited Warranty shall app~ only to Roofing Systems installed in areas of normal atmospheric e.~ and specifically does not cover leaks caused, in whole or in part, by any one of the following: 1. Marine (salt water) annosphere or regular spray of either salt or fan~ water. 2. Heavy fallout or expos'ute to corrosive chemicals, ash or fumes from any chemical plant, foundry, plating works, kiln. fertilizer manufacturing plant, paper plant or the like. 3. Any corrosive substance or condensate of any harmful substance contained, generated or released from inside the bmlding or condensation fi'om the underside of the roof. 4. Woflmr traffic on the roof, other than traffic during the course of installation. 5. Hail, fire, lighmmg, wind damage, hurricane, tornado, earthquake, or any. acts of God. 6. Alterations, such as, but not limited to, structures, fixtures, or utilities being place upon or attached to the roof without prior written authorization from Englert or repairs performed or materials furnished by entities other than Englert or the Installation Contractor. 7. Failure bv the Owner or any. lessee or other occupant or user of the Building to lake reasonable care in maimaining the roe[ such as cieaning the gutters, valleys, etc. so as to allow water to nm off-nintermptedly. 8. Faulty building design or construction. 11. Birds, vermin> rodents, insects, or other animal or pests. Settlement, failure or cracking of the roof deck. walls, or foundation of the building, or defects or failures of coping gravelstop due to cracking of walls or any part of the building structure. Englert shall have no liability or respens~ility under or ia connection with this Warranty if the Installation Contractor fa/led to use all roof cufl~, roof jacks, sealants, mastics, subf~ming, roof panels,, clips, and flashings prov/ded by Engiert or approved by Englert, no~ ~hall Englert have any liability or responsibility in connection with this Warranty if the Insnallation Contractor f~iled to follow Englert's standard recommended installation instructions for the layouL design and erection of the Roofing System, or ffthe Roofing System is constructed m such a manner as not to permit drainage of water from all surfaces and permit standing or pondmg water. 12. Any other muse beyond the control of Englert and the hlstMlation Contractor. THIg WARRANTY CONTAINED REREIN EXCLUDES ANY AND AI,L OTI~ER WARRANTIES, EXPRESSED OR IMPI~IED, INCLUDI31G ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO WARRANTS WHICH EXTEND BEYOND THOSE EXPRESSLY PROVIDED IN THIS WARRANTY. ENGLERT AND TH~ INSTAIJ.ATION COHTRACTOR SHP. I.I. NOT BE LIABLE TO THE OWNER FOR ANY CLAIM BASED UPON STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY, TORT OR OTHER THEORY OR CAUSE OR ACTIONS, NOR SHALL THEY BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING OR BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSS TO THE BUILDING, ITS CONTENTS, OR OCCUPANTS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion n,~' not ~ to you. This Warranty gives you specific legal tights, and you may also have other rights which vary from state to JUN 2 q 2003 NOTICE OF CLAIMS AND GENERAL PROVISIONS All claims hereunder must be submitted, m writing, to Englert within the Warranty period and within thirty (30) days of the · ~cuve~ of any leak in the Roofing System. Failure of the Owner to do so shall relieve Engtert and the Installation Contractor of -any and all responsibility and/or liability under the terms hereof. If; after inspection by Englen, it is determined that the leak is used by defects m the Roofing System's material or workmanship in accord_once with thi.q Warranty, the Roofing System ~hail be repaired in accordance with this Warranty, the Roofing System shall be repaired in accordance herewith. Such work shall be completed within a reasonable period o time after notice to Englert of the weathemghtness or watertightness failure. The Owner's exclm4ve remedy and Engiert's and the Im~ilafion ConUactor's liability ~hall be limited 1~o ~ of thc Roofing System and theft liability for the cost of said repairs shall not exceed the dollar amount paid by the Owner for the Roofing System, including the cost of installalion. Ail notices given ~mder or pu~mnt to this Warranty shall be in writing and sent by certified mail, return receipt requests, to Englert and the Installation Contractor to the following addresses: Warranty I}~artment ENGI.,ERT, I~C. 1200 Amboy Avenue Perth Amboy, New Jemey 08862 TRI-TECII METAL ROOEING I~C. 6925 Daubon Corot New Port Richey, Florida 34655 During the term of th~ Warranty, Englert and the Installation Contractor, their sales representatives, and employees, shall have flee access to the roofing dmSng regular Imsmess hours upon reasonable notice to the Building Owner. This document constitutes the enti~ Warranty made by Englert and the Ili~allafion Contractor. No modification or amepttmextt of this Warranty shall be binding on Englert or the Installation Contractor unless made in writing and signed by their authorized representatives. The terms, conditions, and provision contained in this Warranty may be waived only in writing sig~ed by Englem No oral statements, course of condum or course of dealing shall be deemed or constitute a waiver. The invalidity or unenforceability of nay provisions of this Warranty shall not affect the enforceability and validity of any remaining provisions, and this Warranty shall be construed in all respects as ff the invalid or unenforceable provisions were omitted. This Warranty ~hall be governed by and construed in accordance with the laws of the State of New Jersey.. .... '2tis Warranty is tendered for the sole benefit of the Owner as named above ~and is not tran.qferable or assignable. Neither Englert nor the Installation Contractor, shall have any obligation under this Warranty unless all invoices for materials and installation have been paid in full by or on behalf of the Building Owner. EXECUTED AS OF THIS _26th. DAY OF October. , 2001 . ATTEST: MANUFACTURER: ENGLERT, INC. 1200 Amboy Avenue Perth Amboy, New Jersey 08862 BY: ATTEST: i1~*~ ~.~Z~ EXPIRES: ~.~ ~. ! OIgNER: COLLIER COUNTY BOARD OF COMMISSIONERS Na?]~ Florida 34112 Dwight E. Brock, Clerk BY: TOM HENNING TITLE: CHAIRMAN 2003 EXECUTIVE SUMMARY APPROVAL OF TEMPORARY LIVING EXPENSES TO JAMES W. DELONY, ADMINISTRATOR FOR PUBLIC UTILITIES AND AUTHORIZATION OF PAYMENT OII_II?.CTIVE' Obtain Board's approval of tempoary living expenses and relocat, ion for Mr. James W. DeLony dunng his tramsmon period of June 17 to November 17 , 2002. CONSIDERATION: The negotiations to secure Mr. DeLony included immediate relocation to the Naples area upon release from his prior job. Upon a thorough assessment of supply and demand of qualified candidates for the Public Utilities Administrator's position, Collier County negotiated the temporary relocation costs in lieu of moving expenses. CMA 5346, Section E. states specifically that "Moving expenses eligible for relocation approval may include any combination of the categories listed below or other expenses incurred, which are approved by the Human Resources Director and County Manager." As part of the CMA 5346 relocation allowances and/or expenses incurred which are approved by the Human Resources Director and the County Manager shall not exceed one month's base gross salary at time of hire. Mr. DeLony's monthly salary was $8,166.67 at time of hire. FISCAL IMPACT: Total one time payment for expenses incurred is $8,166.67 and $8,166.67 is the amount allowable under the policy. GROWTH MANAGEMENT IMPACT: None. JUN 2 q 2Q03 RECOMMENDATION: That the Board of County Commissioners approve the temporary living expenses and the relocation expense incurred by Mr. DeLony in lieu of moving expenses and authorize payment. /~ ~ S~MITTE B ~ . 7~-d>' ~ fl~nny L. M~rris, J Human Resburce Generalist REVIEWED BY: ~~ ~~ Date' ~-01~ Jean Merritt x Human Resources Director APPROVED BY: ~ gl~ip Camp Interim Administrator Date: Memo MAY HUMAN RESOURCES To: From: CC: Date: Re: Connie Murray, General Operations Manager- Finance Department~ Jenny L. Morris - Human Resources Generahst - Pubhc Utd~t~e Jean Merritt, Human Resources Director 4/16/2O03 Reimbursement Expenses - Jim DeLony Per our discussion, attached please find the expenses to be reimbursed to Mr. Jim DeLony. Per CMA 5346, he is eligible for up to one month's salary at time of hire for expenses incurred. Mr. DeLony has submitted the attached expenses totaling $11,915.41. However, he should be reimbursed the amount of one months salary at time of hire, which is $8,166.67. The cost center this should be applied to is: 210105. Please review t he attached d ocumentation. I f these i terns a re t o b e approved, p lease initial at t he bottom and forward to Mr. Leo Ochs for final authorization of payment to Mr. DeLony. Contact me directly at 732-2555 if you have any questions. RECEIVED Expenses Will:~ Will Not:__ be approved. Reviewed by: 0 <: ~D '"'i '0 0 OFFICE OF TI-IE COUNTY MANAGER ADMINISTRATIVE PROCEDURE CMA Instruction 5346 Effective Date: October 1, 1998 (Revised: October 1, 2001) Subject: Relocation Expenses PURPOSE: The purpose of this Instruction is to provide for the in~plementation of a Relocation Expenses procedure authorized by the County Manager. CONCEPT: It is the policy of the County to recognize that allowances for relocation may be necessary to recruit skilled professional, supervisory, and technical staff. The County will provide direct payment to contractors and/or reimburse eligible employees for legitimate expenses incurred in relocation in the manner set forth in this procedure. A. Relocation expenses shall be paid only upon the recommendation of the Department Director, Division Adminislxator, and Human Resources Director and require the advance approval of the County Manager. B. Approvals for reimbursement of relocation expenses must be obtained prior to the move. C. All recommendations for payment of relocation allowances must be made on the "Request for Authorization of Relocation Expenses" form. Commitments to expend County funds for payment of relocation expenses shall not be made without prior approval by the County Manager. D. .~ny consideration of relocation assistance shall not exceed one month's base gross salary' at time of hire. E. Moving expenses eligible for relocation approval may include any combination of the categories listed below or other expenses incurred which are approved by the Human Resources Director and County Manager. In no instance will the total relocation allowance exceed the guidelines set forth in item #D above. 1. One house hunting trip for the employee and/or family. 2. Movement of household goods. a. The employee must secure estimates from three reputable movers or rental companies with national affiliations and submit those estimates to the Human Resources Department. The Human Resources Depaziment reserves the right to choose the carrier if there is greater than a 10 percent variance. , b. Household goods will not include construction materials, animals (except domestic pets), or sporting/recreational equipment that cannot be carried in the moving van. 3. Storage for household goods for one month. 4. Transportation expenses incurred in movement of new employee and dependents to Collier County. F. When appropriate, funds will be disbursed directly to service providers after receipt of invoices or employees may be directly reimbursed. Reimbursements for approved relocation expenses will be paid only after receipt by the Human Resources Department of appropr, Jte receipts/documentation. G. Depmhnent Directors, Division Admmiswators or other hiring supervisors may not negotiate or approve relocation assistance with any applicant without approval of the Human Resources Director. H. Employees receiving relocation expenses will be required to sign an agreement stating that he/she will repay the relocation expense should he/she separate from County employment within two (2) years from the date of hire. Collier County ~ Board of County Commissioners; Practices and Procedures COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DMSION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 February 13, 2002 Mr. James Deloney 4329 Winforde Road Wilmington, NC 28412 Dear Jim: Collier County Government is pleased to confirm our offer of employment as Public Utilities Administrator. Th/s offer is contingent on your successfully completing the background checks, pre-employment drug testing and receiving confirmation fi-om the Board of County Commissioners. As previously discussed, your compensation package will include an anmml salary of $98,000.00, the standard fi-inge benefitplan for regular full t/me employees, a $400.00 per month car and telephone allowance, and relocation expense ass/stance equal to one month's salary. Detailed discussions about benefits will be held with you when you attend "New Hire Processing" in the Employee Serv/ces Department. at 8:30 am to 5:00pm on Monday, June 17, 2002. The Employee Services Department is located in Building "D" next to the SUbway Restaurant. I have enclosed a copy of our relocation assistance policy for your review and a" Request for Authorization of Relocation Expenses" form that needs to be completed by you and sent back to me as soOn as possible. I understand that you will be in the Naples area in late March. We look forward to receiving a. written letter of acceptance of the above offer including confirmation of your June 17, 2002 start date as soon as possible in order to schedule your Board of County Commissioners confirmation for the March 26th regularly scheduled meeting. Please contact me prior to your arrival so that I can schedUle the required pre-employment drag screening. Welcome to the Public Utilities Division and Collier County Government! If there is anything I can do to help with the trausition' please do not hesitate to call. With Highest Regards, Sr. Human Resources Analyst C: Tom O!!iff, County Manager Enclosures (2) P.S. I have submitted your interview expenses for reimbursement. You can expect to receive a check in approximately three to four weeks. COLLIER COL REQUEST FOR A UTHORIZA~,. , , VIENT ,.)CA TION EXPENSES ~QUEST: Name: Position: ~ Date of Employment: l~7 Monthly Salary: g ~ ~. ~/~ Justification for relocation allowances: Moved from City of: Estimated Mileage to new residence: Relocation allowance for House hunting trip Movement of household goods Department: Budget Code #: State: Employee and/or Family Storage of household goods and personal effects for 1 month or less Transportation expenses for movement of employee and dependents to new location. Recommended mode of transportation of household goods and personal effects: (three estimates required) .__ Common carrier (estimated cost) 1) 2) 3) ~ , ~ Rental Vehicle (estimated cost) 1) 2) 3), Justification for Recommended mode of transportation: 'b~' P Department Director: Date: Division A dministrato~ Date: APPROVAL: The above request is not approved. The above ~quest is approved for move by: Common Carrier Private and/or Rental Vehicle Estimated total Cost $ /Human ResourcesDirector'~,~l~.x,3.~_~ County Administrator: ~ Date: 3- ~I --~ /od' Date: 43~9 WINFORDPE RD 9103659398 T~LEIh~ONE · ~K~_~:_~E$ ~E ABlE AS A ~R$~ ~~. OKBN ~OF PAI INN & ~UIIE~ BEDZEL CIRCLE 55~47 NOTICE TO OUR OUE~T~: THIS PROPERTY IS PRIVATELY OWNEO AND THE MANAGEMENT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE. WE WILL NOT BE RESPONSIBLE FOR ACCIOENTS OR INJURY TO GUESTS OR FOR LOSS OF MONEY, JEWELRY OR VALUABLES OF ANY KINO. 407 407 ~07 407 407 407 407 407 407 407 40? 4~7 407 ~3/ao 03/20 03/20 0~/~£ 03121 ~3/2~ ~3/22 03/a2 03/23 ~3/23 e3/23 03/24 03/2~ 03/a4 03/25 03125 03/E& 03/a6 03/~6 03/~7 03/27 e3/27 ~3/~8 407 407 407 407 407 407 407 407 407 407 ~07 407 )OM CHAROE L]3CnL Trix SrRTE TRX R ]OM CHARGE L ]CAL TAX STATE TRX R3OM CHARGE LOCAL TAX STATE R ION CHARGE L 3CRL T~ 5 ATE TAX IOM CHaRgE ~CAL TAX 5 TATE TAX R ]OM CHARGE L3CAL TAX ~TATE TAX R 30M CHARGE L 3CAL Tgi STATE TAX R )OM CHARGE L )C~L TAX ~ r~TE TAX ~ ~STERCARD T~U ~f AUTOI AUTOI RUTOI RUTOI AUTOI AUTOI AUTOi AUTOI AUTO ~LITO AUTOt AUTOI AUT0r AUTOl RUTOI RUTOI AUTOI AUTOI ~UTOI AUTO ~UTO AUTO 54341 NAPLE9, FL'34104 941-352-8400 IATIC POSTING IATIC POSTING I~TIC'POSTING IATIC POSTING IRTIC POSTING ~ATIC POSTING. ~ATIC POSTING IATIC POSTING IATIC POSTING IATIC POSTING tATIC POSTIN~ 1ATIC POSTING IATIC POSTING IAT1C POSTING 1ATIC POSTING 1ATIC POSTING ~ATIC POSTING IC.POSTING IATIC POBTIN~ IATIC POSTING IATIC PDSTINB IATIC POSTING IATIC POgTING IATIC POSTING ~7B01~11641~ Total Charges Tot~[1 tax... · Tot,kl due C, UF.S~S SK~N~TUh'E t. 3. 63. t. 3. 63. 1. 3. 63. 1. 3. 63. 1. 3. 63. 1. 3, 63, BALANOE DUE A- 47 90 81 47 90 47* 81 1.~I 3,:~ .... 63.~7 3. Ba. '484.92- OVATION~ NUldBER ~.~ · ' 45.74 Li~ i ~l:]t ";~:: ;-- - _ ....................... ........ _ . -. - ~ ~ ~ ) ~:' ', '7~ ...................................................... 'EZ.E Tc'rAL'. $&,,~-. 6, J. AGREE -i-O PAY' ABOLE -TC,"i"~q,, AmC, L.iNT AC:CORDING (PiERCHANT AGREEi,iENT t~ CREDi- VC]_iC~:ER) TC~ C:ARD ~ESE~'ATiONE, HEFE, SUBJECT: REQUEST FOR REIMBURSEMENT OF RELOCATION EXPENSES - JIM DELONY Prepared 1/31/03 House Hunting Trip And Confirmation By The Board of County Commissioners · Date: February 6-9, 2002 · Mileage: 842 X 2 = 1,684 miles · Motel: $291.36 (receipt attached) · Date: March 19, 2002 · Motel: $64.61 (receipt attached) · Date: March 20-28, 2002 · Mileage: 842 X 2 = 1,684 miles · Motel: $484.92 (receipt attached) Moving Expenses · Date: June 16, 2002 · Mileage: 842 X 2 = 1,684 · Date: November 8-17, 2002 · Mileage: 842 X 2 X 2 cars = 3,368 Total Mileage = 8~420 @ 29 cents per mile = $244.18 Total Motel = $840.89 3. Temporary Living Expenses (June 17 - November 17, 2002) · Total Rent June through November @ l~500fMo. = $9~000 (See attached) · Total Utilities: $1~830.34 (See attached) GRAND TOTAL = $11~915.41 Note: I placed my home on the market in February (see attached), and sold it in mid-November. Real Estate expenses associated with the house sale exceeded $15,000. Attachments: Request for Authorization of Relocation Expenses Hotel Receipts (Comfort Inn, Baymont, & Best Western) State of North Carolina Residential Property Disclosure Statement Copy of the realtor's advertisement - home for sale in North Carolina Utility Receipts Residential Lease (showing monthly rent payment) jl~~~ ti~t~-eL:~,mPi.nEi}trator/.2/~~ ~ ~pr i~ u~ Ol:2Bp CBMEROM B41 2~2 ?BSS p.2 RESIDENTIAL LEASE FOR SINGLE FAMILY HOME AND DUPLEX (FOR A TERM NOT TO EXCEED ONE YEAR) INot To Be Used For Commercial, Agricultural, or Other Resiclenlial Property) WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. AN ASTERISK (") OR A BLANK SPACE ( ) INDICATES A PROVISION WHERE A CHOICE OR A DECISION MUST BE MADE BY THE PARTIES, NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAVVYER IS CONSULTED. I. TERM AND PARTIES. This is a lease ("the Lease") for a period of 7 months (the "Lease Term"), beginning 06/01/2002 and ending .02/28/2003 , between Buec~Uem~'lFam~l¥ Limited Partnership lmon~, trey. ~ear} .rn~'1~e o~ owner of the prope.,ly1 and Jim and Jen[~ifer Delony . (In the Lease, the owner, whether [name(s) one or more, of the property is called "Landlord." AJI persons to whom the property is leased are called "Tenant.") Il. PROPERTY RENTED. Landlord leases to Tenant the land and building located at Naples , F~orida 34102 [z+p c~le} and appliances: ~ully Furnished 3 bedroom~r3 baths with pool Tenant may terminate lease with 60 day written notice to "B.F.L.P.',, att: Annette, 61 First Street, South Orange, 515 Murex Drive , together with the following furniture landlord. Payments to N.J. 07079 [List all furniture and appliances. If none, write "none."] (In the Lease the properYy leased, including furniture and appliances, if any, is cai}ed "the Premises.") II!. RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in ~nstallments of $ 1,500.00 each on the 1st i day of each month . (A "Rental Installment Period," as used in the Lease. shall be a montt~ if rent is [monlr.. week] paid monthly, and a week if rent is paid weekly.) Tenant shall pay with each rent payment all taxes imposed on the rent by taxing authorities. The amount of taxes payable on the beginning Uate ofthe Lease is $ for each installment. The amount of each installment of rent plus taxes ("the Lease Payment"), as of the date the Lease begins, is $ . Landlord will notify Tenant if the amount of the tax changes. Tenanl shall pay the rent and all other charges recluired to be paid under the Lease by cash, valid check, or money or0er. Landlord may appoint an agent to collect the Lease Payment and to perform Landlord's obligations. · The Lease Payments must be pai~in arrears (circle one) beginning Hay 3., 2002 IV. DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease Payments described above, Tenant shall pay the foltow[ng: (check only those items that apply) X __ a security deposit ors 1,000.00 __ advance rent in the amount of $ .3 ~ 000.00 to be paid upon signing the 3ese. to be paid upon signing the Lease. for the Rental Installment Periods of 1st ~ last month a pet deposit in the amount of a late charge in the amount of $ number of days after the date it is due, to be pai~ upon signing the Lease. for each Lease Payment made more than a bed check fee in the amountof $ {not to exceed $20,00, or 5% of the Lease Payment, whichever is greater) if Tenant makes any Lease Payment with a bed check. If Tenant makes any Lease Payment with a bad check, Landlord can require Tenant to pay all future Lease Payments in cash or by money order. -1 9/92 Approved for use under rule 10.1.1(b) of The Rules Regulating The Florida Bar .97 Naples Area Board of REALTORS® and Association of Real Estate Professionals, Inc. All Rights Reserved. Pro~uce~3 with Zi0Fom~ '~ by RE FormsNei, I_LC I ~025 F~ee~ Mile Road. CJinlo~l Tow~sh~, M~h~an 48~[35, [800) 3B:3-9805 Spt 15 02 Ol:Egp CRMEROM 941 262 7955 vi. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit or advance rent the following provisions apply: A. Landlord shall hold the money in a separate interest-bearing or noninterest-bearing account in a Florida banking institution for the benefit of Tenant. If Landlord deposits the money in an interest-bearing account, Landlord must pay Tenant interest of at least 75% of the annualized avenge interest paid by the bank or 5% per year simple interest, whichever Landlord chooses. Landlord cannot mix such money with any other funds of Landlord or pledge, mortgage, or make any other use of such money until the money is actually due to Landlord; or B. Landlord must post a surety bond in the manner allowed by law. If Landlord posts the bond, Landlord shaft pay Tenant 5% interest per year. At the end of the Lease, Landlord wifl pay Tenant, or credit against rent, the interest due to Tenant. No interest will be due Tenant if Tenant wrongfully terminates the Lease before the end of the Lease Term. NOTICES. Monico Cameron is Landlord's Agenl Air notices to [nMe] Landlord and all Lease Payments must be sent to Landlord's Agent at 1250 bT. ?n,-~ ,,,-~ Tr. #101, Naples 34102 unless Landlord gives Tenant written not,ce of a change. Landlord's Agent may perform inspections on behalf of Landlord. All not~..es to Landlord shall he given by certified mail. return receipt requested, or by hand delivery to Landlord or Lancllord's Agent. Any notice to Tenant shall be given by certified mail. return receipt requested, or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at the Premises. VII. USE OF PREMISES. Tenant shall use the Premises only for residential purposes. Tenant also shall obey, and require anyone on the Premises to obey. all laws and any restrictions that apply to the Premises. Landlord will give Tenant notice of any restrictions that apply to the Premises ' Occasional overnight guest~"~e~ are not (circle one} permitted. An occasional overnight guest is one who does not stay more than 14 · nights in any.c~az:u::~.month."T[--andlord's written approv~l~ is not (circle one) required to allow anyone else to occupy the Premises. · Tenant may~_may not~ircle one) keep or allow pets o),.~5'T'mals on the Premises without Landlord's approval of the pet or animal in writing. Tenant shall'?~-A'~p any dangerous or flammable items that might increase the danger of fire or damage on the Premises without Landlord's co~sent. Tenant shall not create any environmental hazards on or about the Premises. Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any person to do so. · Tenant may ~ircle one) make any alterations or improvements to the Premises without first obtaining Landlord's written consent to the a~teration o~ement. Tenant must act, and require alt other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a Breach of the peace. VIII. MAINTENANCE. Landlord and Tenant agree that the maintenance of the Premises must be performed by the person indicated below: A. Structural and Building Codes. (Circle 1, 2, or 3 - this election must be made.) 1. Landlord shall have no maintenance responsibilities, including matters relating to builc[mg codes. Tenant assumes all risk. for the of the Property, but Tenant has no obligation to repair. Tenant (circle one) will comply with applicable build~ng, housing, and health cedes relating to the Property. 3. '[T-tlS"6?~are no applicable building, housing, or health codes, the person designated below agrees to maintain and repair the following items in a manner capabIe of resisting normal forces and loads. (Fill in each blank space with Landlord or Tenant to show who care of the items noted. If an item is left blank, Landlord will responsible for the item.) Roofs Screens Porches Foundations Windows Floors Exterior walls The Landlor~ shall not (circle one) be required to install working smoke detectors on the Premises. B. Elective Maintenance. Fill in each blank space in this section with Landlord or Tenant to show who will take care left blank, Landlord will be required to take care oft. hat item. Smoke detectors Ex"termination of rats. mice, roaches, ants, woodL destroying organisms, and bedbugs Locks and keys Clean and safe condition of outside areas Structural components Steps P~umbing Ikept in reasonable working orderl of the item noted. If a space is Garbage removal and Appliances outside garbage receptacles Fixtures Running water Pool {including Hot water filters, machinery. Lawn and equipment) Heat Heating and air Air conditioning conditioning filters Furniture T Other: phone, elect. Tenant's responsibility, if any, indicated above, shal~.~circle one) inciude major maintenance or major replacement of equipmenl Landlord's responsibility, if any, indicated abov~t (circle one) include major meintenanca or major replacement of equipment. Major maintenance or major replacement means a repair or replacement that costs more than $10.00 Tenant shall be required to vacate the Premises on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph. When vacation of the Premises is required for extermina~on, Landlord shall not be liable for damages but shall abate the rent. Nothing in this section makes Landlord responsible for any condition created or caused by the negligent or wrongful act or omission of Tenant, any member of Tenant's family, or any other person on the Premises with Tenant's consent. .1.2 9192 Approved for use under rule 10-1.1(b) of The Rules Regulating The Florida Bar /~" ~' =97 Naples Area Board of REALTORS~ and Association of Real Estate Professionals, Inc, All Rights Reserved. Proc~ced with Z[pForm'~ i~y RE FotmsNel, ILC 180'~5 Fi~lsen M~e Ro~l, Ct~ton T~,~nsh~>, M~h~gen 48035, (BOO) ~3.-~05 T59%9766 1F~ Rpr 1S 02 Ol:30p CRMEROM 941 262 7955 p.4 Xl. Xlll. Tenant's Required Maintenance. At all times dudng the Lease Term, Tenant shall: 1. comply with alt obligations imposed upon tenants by applicable provisions of building, housing, and health codes; 2. keep the Premises clean and sanitary; 3. remove ali garbage from the dwelling unit in a clean and sanita~/manner. 4. keep all plumbing fixtures in the dwelling unit dean, sanitary, and in repair, and 5. use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities appliances, including elevators. UTlUTIES. Tenant shall pay all charges for hook-up, connection, and deposit for providing all utilities and utility services to the Premises dudng this lease except l~.t~rn, pool ~ , which Landlord agraes to provide at Landlord's expense. (Specify any ub]ities to be provided and paid for by Landlord such as water, sewer, oil, gas, elec~city, telephone, gamage removal, etc.) A. B. C. LANDLORD'S ACCESS TO PREMISES. Landlord or Landlord's Agent may enter the Premises in the following circumstances: At any time for the protection or preservation of the Premises. After reasonable notice to Tenant at reasonable t~mes for the purpose of repairing the Premises. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or conb'aclors under any of the following circumstances: 1. with Tenant's consent; 2. in case of emergency; 3. when Tenant unreasonably withholds consent, or 4. if Tenant is absent from the Premises for a period of at least one-half a Rental Installment Period. (If the rent is current and Tenant notifies Landlord of an intencled absence, then Landlord may enter only with Tenant's consent or for the protection or preservation of the Premises.) PROHIBITED ACTS BY LANDLORD. A. Landlord cannot cause, directly or indirecth/, the termination or unreasonable interruption of any utility service furnished to Tenant, including, but not limited to. water, heat, light, electricity, gas, elevator, gatt)age collection, or refrigeration (whether or not the utility servic~ is under the control of, or payment is made by, Landlord). B. Landlord cannot prevent Tenant's access to the Premises by any means, including, but not limited to, changing the locks or using any bootlock or similar device. C. Landlord cannot remove the outside doors, locks, roof, walls, or windows of the Premises except, for purposes of maintenance, repair, or replacement. Landlord cannot remove Tenant's personal property from the Premises unless the action is taken after surrender, abandonment, or a lawful eviction. If provided in a written agreement separate fi.om the Lease, upon surrender or abandonment by Tenant, Landlord shall not be liable or responsible for storage or disposition of Tenant's personal property. (For the purposes bt this section, abandonment means Tenant is absent fi.om the Premises for at least one-half a Rental ]nslallment Period without paying rent or giving Landlord reasonable notice of Tenant's absence.) CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenant's consent, so that the use of the Premises is substantially impaired. Tenant may terminate the Lease within 30 days after the damage or destructio~ and Tenant will immediately vacate the premises. If Tenant vacates. Tenant is not liable for rent that would have been clue after the date of ten'nination. Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case Tenant's liability for rent shall be reduced by the fair rentat value of the part of the Premises that was damaged or destroyed, DEFAULT. A. Landlord's DefauJt Except 'as noted below, Landlorct will be in default if Landlord fails to comply with Landlord's required maintenance obligations ur,der Section VIII(A) or fails to comply with other matedat provisions of the Lease and such failure continues for more than 7 days after Tenant delivers a written notice to Landlord that tells Landlord how Landlord has violated the Lease. If Landlord's failure t~ comply is due to causes beyond the Landlord's control and if Landlord has made, and continues to make, every reasonable effort to c~rrect the problem, the Lease may be altered by the patt~s, as follows: 1. If Landlord's failure to comply makes the Premises uninhabitable and Tenant vacates, Tenant shall not be liable for rent dunng the period the Premises remains uninhabitable. 2. If Landlord's failure to comply does not make the Premises uninhabitable and Tenant continues to occupy the Premises, the rent for the pedod of noncompliance will be reduced by an amount in proportion to the loss of rental value caused by the noncompliance. Tenant's DefaulL Tenant will be in default if any of the following occur. 1. Tenant fails to pay rent when due and the default continues for 3 days. excluding Saturday, Sunday, and legal holidays, after delivery of written demand by Landlord for payment of the rent or possession of the Premises. 2. Tenant fails to perform its obligations under the Lease, and the failure is such that Tenant should not be given an opportunity t~ correct it or the failure occurs within 12 months of a wdtten warning by Lar, ;Ibrd of a similar failure. Examples of such failures which do not require an op~3or[unibj to correct incJucle, but are not limited to, destruction, damage, or misuse of Landlord's or other Tenant's property by an intentional act or a subsequent or continued unreasonable disturbance. 3. Except as provided above. Tenant fails to perform any other obligation under the Lease and the default continues for more than 7 days after delivery of written notice to Tenant from Landlord specifying the default. VVaiver of Default. If Landlord accepts rent knowing o~ Tenant's default or accepts performance by Tenant of any provision of the Lease different from the performance required by the Lease, or if Tenant pays rent knowing of Landlorcrs default or accepts performance by Landlord of any provision of the Lease different from the ~rformance required by the Lease, the party accepting the rent or performance or making the payment shall not have the right to terminate the Lease or to bring a lawsuit for that default, but may enf'or=e any later default. 3-3 9192 Approved for use under rule 10-1.1(b) of The Rules Regulating The Florida Bar .=97 Naplas Area Board of REALTORS® and Association of Real Estate Professionals, inc. All Rights Resen/ed. Pro(~t. acl will1 Z~Fm113TM I~y RE FotTnsNe{, I.LC 1 ~ Fi~ Mde Road, Clintl3n Tow~sh~, M,::t~an 481385, (BOO) 383-96n5 T;~66~ZF'X Rpr 1S 02 Ol:31p CRMEROM 941 2S2 7955 p.S XlV. DEFENSES. A. Tenant's Remedies. 1. If Landlord has defaulted under fie Lease and if Tenant has given Landlord a written notice describing the default and Tenant's intention to withhold rent if the default is not corrected within 7 days, Tenant may withhold an amount of rent equal to the loss in rental value caused by the default. If Tenant's notice advises Landlord that Tenant intends to terminate the lease if the default is not cured within 7 days and the default is not cured within the 7 clays, Tenant may terminate the Lease. 2. If Tenant has given the notice referred to in subl3aragraph (1)above, and If Landtord has not cormcfed the default within 7 days, Tenant may, in addition to withholding the applicable amount of rent, file a lawsuit in county court lo require Landlord to correct Ihe default and for damages. 3. If Landlord's clefault makes the Premises uninhabitable, and if Tenant has given Landlord a notice describing the default and informing Landlord that Tenant intends to terminate the Lease, then if Landlord does not cure the default within the 7'-day period, Tenant may terminate the Lease at the end of the 7 days. 4. If Landlord violates the provisions of section XlI, Landlord shall be liable to Tenant for actual and consequential damages or 3 months' rent, whichever is greater, for each violation. B. LandJord's Remedies. 1. If Tenant remains on the Premises after expiration or 'ermination of the Lease without Landlord's permission, Landtorcl may recover possession of the Premises in the manner provided for b), law. Landlord also may recover double rant for the period during which Tenant refuses to vacate the Premises. 2. If Tenant defaults under the Lease by fai~ing to pay rent, es set forth in section XlV(B)(1), Landlord may terminate Tenant's rights under the Lease and Tenant shall vacate the Premises immediately, If Tenant defaults under the Lease for amy other reason, as set forth in sections XIV(B)(2) or (3) above, Landlord may terminate Tenants rights under the Lease and Tenant shall vacate the Premises within 7 days of detivery of the nolJce of termination. 3. If Tenant fails to cure a default within the tJma specified in the notice to Tenant, Landlord may recover possession of the Premises as provided by law. 4. Landlord shall not recover possession of the Premises except: a. in a lawsuit for possession; b, when Tenant has surrendered possession of the Premises to Landlord; or c. when Tenant has abandoned the Premises, Absent actual knowledge of abandonment, the Premises shall be considered abandoned if Tenant is absent from them for at least one-half a Rental Installment Period, the rent is not current, and Tenant has not notified Landlord, in writing, of an intended absence. 5. If Tenant has defaulted under the Lease and Landlord has obtained a writ of possession, if Tenant has surrendered possession of the Premises to Landlord, or if Tenant has abandoned the Premises. Landiorcl may: a. treat the Lease as terminated, retake possession for Landlord's own account, and any ~urther liability of Tenant will be ended; b. retake possession of the Premises for Tenant's account. Tenant will remain liable for the difference between rent agreed to be paid under the Lease and rent Landlord is able to recover in good faith from a new tenant; or c. do nothing, and Tenant will be liabte for the rent as it comes 6. If Landlord retakes possession of the Premises for Tenant's account, Landlord must make a good faith effort to re-lease the Premises. Any rent received by Landlord as a result of the new lease shall be deducted from the rent due from Tenant. For purposes of this section, "good ~ faith" in trying to re-lease the Premises means that Landlord sha{I use at least the same efforts to re-lease the Premises as were used in the initial rental or at least the same efforts as Landlord uses in attempting to lease other similar property. It does not require Landlord to give a preference in leasing the Premises over other vacant properties that Landlord owns or has the responsibility to rent. C. Other Remedies. Each party also may have other remedies available at law or in equity. D, Defenses. In a lawsuit by Landlord for possession of the Premises based upon nonpayment of rent or in a lawsuit by Landlord seeking to obtain unpaid rent, Tenant may assert as a defense Landlord's failure to perform required maintenance, as set forth in Section IX(A) above. Landlord's failure to l~rovide elective maintenance, as set forth in Section IX(B) above, shall not be a defense to any lawsuit by Lancllord for possession of the Premises unless otherwise provi0ed by the Lease or applicable Jaw. Tenant also may raise any other defense, whether tega~ or equitable, that Tenant may have, including the defense or retaliatory conduct. E. Payment of Rent to Court. In any lawsuit by Landlord for possession of the Premises, if Tenant raises any defense other than payment, Tenant must pay into the regislTy of the court the past due rent set forth in Landlord's complaint, or an amount determined by the court, and the rent which comes due during the lawsuit, as it comes due, Failure of Tenant to pay the rent into the registry of the court will be a waiver of Tenant's defenses other than payment. F. Attorney's Fees. In any lawsuit brought to enforce the Lease or under applicable law, the party who wins may recover its reasonable court costs and attorneys' fees from the party who loses. *XV. ASSIGNMENT AND SUBLEASING. Tenant may l~circle one) assign the Lease or sublease all or any part of the Premises wi[tx)ut first obtaining Landlord's written approval and consent to the assignment or sub~ease. 'XVI. RISK OF LOSS. Landlord shall~-~ll no~'~¢ircle one) be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, and personal effects of the TenanL or-"~-T~nant's family, agents, employees, guests, or visitors located in or about the Premises, or for damage or injury to Tenant or Tenant's family, agents, employees, guests, or visitors. Landlord shall not be liable if such damage, theft, or loss is caused by Tenant, Tenant's family, agents, employees, guests, or visitors. Nothing contained in this provision shall relieve Landlord or Tenant from responsibility for loss, damage, or injury caused by its own negligence or willful conduct. XVII. SUBORDINATION. The Lease is subordinate to the lien of any mortgage encumberfng the fee title to the Premises from time to time. XVlll. LIENS, Tenant shall not have the right or authority to encumber the Premises or to permit any person to claim or assert any lien for the improvement or repair of the Premises made by Tenant. Tenant shall notify all parties performing work on the Pmrnises at Tenant's request that the Lease does not allow any liens to attach to Landlorcl's interest, *XlV. APPROVAL CONTINGENCY. The Lease is ~ircla one) conditioned upon approval of Tenant by the assocJat~on that governs the Premises. RENEWAl/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but no renewal may extend the term to a date mom than I year after the lease begins. A new lease is required for each year. :)-4 9/92 Approved for ~se under rule 10-1.1{b) of The Rules Regulating The Florida Bar Naples Area Board of REALTORS® and Association of Real Estate Professionals, Inc. All Rights Reserved. Produc~cl v~ Z~pForm~' by RE F(x'ms.N~t. LLC 18025 F'n~een MJe ROea. Citron Towr~ip. Michigan 48035, (BDO) 383-~805 TS 9~976~;.Z~X Rpr 15 02 01:32p CRMEROM 941 262 795S XXI. MISCELLANEOUS. ~. T~me is of the essence of the Lease. B. The i.~ase shall be binding upon and for the benefit of the heirs, personal representatives, suc'ce_~$t=ors, and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, lhe singular number sha]l include the plural or singular and the use of any gender shall include all appropriate gender. C. The agreements contained in the Lease set fort~ the complete understanding of the parties and may not be changed or terminated orally. D. No agreement h3 accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landloml. E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the Premises is located. Landlord and Tenant will use good fa~.h in performing their obligations under the Lease. As required by law, Landlord makes the following disclosure: "RADON GAS." Radon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed [o it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health uniL The Lease has been executed by the parties on the dates indicated below: Executed by Landlord in the presence of.' Buechel Fm~ 1~ L~ m~ ted Partn Print Lancllord Name Print Name: Print Name: By: As: Lancllord's Signature 2 witnesses nee~ted for Landlord Date: ExecuteO by Tenant in the pre~ence o~:: Name: nt's Signature Delon~ Print Tenant Name Print Name: Print Name: Tena~'s Signa~re Jennifer Delon~ Print Tenant Name Print Name: 2 witnesses needed for each Tenant Date: This form was completed with the assistance of Name: Monica Cameron Add.ss: 1250 N. Tami~ Tr. # 101, Naples, F1 34102 Telephone No. 941-261-1111 RLHD-5 9t92 Approved for use under rule 10-1.1(b) of The Rules RegulaUng The Florida Bar ~'*Q97 Naples Area Board of REALTORS® and Association of Real Estate Professionals, Inc. All Rights Reserved. I:h'oduc~l wii~ ZipForm TM by RE Fo~m,.~Net, LLC 1BQ25 Fifteen Mile Roed, Clint~l Towr~nip, Miohig~n ~B0:35 1'SD0) 383-9~35 /& Rpr 1S D2 01:33p CRMEROM 941 262 ?$55 p.? ATTACHMENT TO LEASE AGREEMENT DISCLOSURE OF INFORMATION AND ACKNOWLEDGMENT LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS ,sd Warning Statement Housing built before 7978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if no! managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1975 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. LESSOR's Disclosure 1. Presence of lead-based paint and/or lead-based paint hazards (check one below): [] Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): [] LESSOR has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Records and Reports available to the LESSOR (check one below): [] LESSOR has provided the purchaser with all available records and reports pertaining to and/or lead-based paint hazards in the housing (list documents below): lead-based paint [] LESSOR has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. "-'~'SSEE's Acknowledgment '.ESSEE has received copies of all information listed above. ;. LESSEE has received the pamphlet Protect Your Family From Lead in Your Home. LICENSEE's Acknowledgment 1. LICENSEE has informed the LESSOR of the LESSOR's obligations under 42 U.S.C. 4852 d and is aware of his/her responsibility to ensure compliance. Certificate of Accuracy The folJowing parties the information they have provided is true and accurate. ~ (Lessor) Bue=hel Family Limited Partn Da Jim Delony have reviewed the information above and certify, to the best of their knowledge, that Date "' I~te - (Licer',~ee) Date (Licensee) Date ~ 1 ggg Naples Area Board of REALTORS~ and Association of Real Estate Professionals, Inc. All Rights Reserved. (BOD 7/15/1999) I:h'o<tuCl~ with ZJpForm ,m by RE Formatter, LLC 18025 Fifteen Mile R~ad, Clu'ao~ Town~hip, M~h~gan 48035, [800) 383-9~0,5 Came'roe, ReaJ ~e Ser~ietn 125(I Tamlam~ Trail N., Su. Nal~e~ FL 34102 P~:n.~e. 94176 h/I ~ t l:ax. 94126156'76 EXECUTIVE SUMMARY APPROVE MODIFICATION #1 TO THE CONTINUITY OF OPERATIONS PLANNING GRANT PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON MARCH 11, 2003 OBJECTIVE: Board of County Commissioners approval of Modification #1 to Grant #03-FT-1B-09-21-01-341 between the Department of Community Affairs, Division of Emergency Management and Collier County. The agreement is for the review and update of the Domestic Terrorism Annex, and the development of a Continuity of Operations Planning Document as part of the Comprehensive Emergency Management Plan. The modification corrects a scribner's error on Page 22 of the original document and extends the plan completion date to April 16, 2004. CONSIDERATIONS: The Board approved the Continuity of Operations Planning (COOP) Agreement on March 11, 2003. The Agreement provided $5,000 to update the Terrorism Annex and $45,000 to develop the COOP. The $45,000 amount provided for the COOP development is incorrect. The correct amount is $70,000. The amount to revise the Terrorism Annex remains the same, $5,000. Since the original agreement was signed, the 11 counties in FDLE Region 6 have received permission from the State to complete the COOP on a regional basis with specific annexes completed for each count)'. The Lee County Public Safety Division has assumed the role of lead agency. An RFP has been completed and vendors will be selected shortly to complete these tasks. FISCAL IMPACT: There is no fiscal impact other than that which has already been budgeted for FY 03 in Emergency Management Grants, fund 118 project #34302. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve Modification #1 to the Continuity of Operations Planning Grant previously approved by the Board of County Commissioners on March 11, 2003. PREPARED AND AP eROV~~ D ate.~,-~ Kenneth F. Pineau, CE~, FPEM, Emergency Management Director N°'AGENDAJTEM JUN 2 2003 Contract Number: CFDA Number: 03-FT-1B-09-21-01-341 83.562 MODIFICATION #1 TO AGREEMENT This Modification is made and entered into by and between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Department"), and Collier County (hereinafter referred to as the "Recipient"), to modify the Department of Community Affairs contract number 03-FT-1B-09-21- 01-341, dated April 8, 2003 ("the Agreement"). WHEREAS, the Department, with headquarters in Tallahassee, Florida, and the Recipient have entered into the Agreement to revise the County Terrorism Annex Plan and develop a County Continuity of Operations (COOP) Plan; WHEREAS, the federal funding was released for this project on December 17, 2002. Due to the short time frame originally provided by the 2002 Federal Emergency Management Agency (FEMA) Supplemental Planning Grant to award sub-grants and achieve the objectives outlined in the Scope of Work, the Department immediately requested an extension of the Grant from FEMA, which was subsequently approved for an additional period of six months; WHEREAS, this Federal Grant period has been extended to June 30, 2004; WHEREAS, the Recipient will require an extension of the contract period in order to allow time to achieve the objectives outlined in the Scope of Work; and WHEREAS, there was a typographical error in the amount of the COOP Plan funding allocation. NOW, THEREFORE, the parties agree to modify the above-referenced Agreement as follows: A All references in the Agreement to the closing date of the Federal Grant shall reflect the new Federal Grant closing date of June 30, 2004; B Paragraph (3), Period of Agreement, is amended to read as follows: This Agreement shall begin upon execution by both parties and shall end April 16, 2004, unless terminated earlier in accordance with the provision of Paragraph (9) of this Agreement. C. The funding allocation portion in Attachment B, Budget and Scope of Work, Paragraph I~ Proposed Budget, is revised as follows: County Terrorism Annex Plan Revision 5,000 County COOP Plan 70,000 D. Attachment B, Budget and Scope of Work Paragraph II, Scope of Work, is modified such that "Revision and development of these Plans shall be completed no later than April 16, 2004;" ant E. Attachment B, Budget and Scope of Work, Paragraph VI.B, Reporting Requirements and Reimbursement, is modified such that "Final Reimbursement Requests shall be received by the Department no later than May 16, 2004." Other than as amended, all other terms and conditions of this agreement shall remain in full force and effect. AGENDAJ;rEM No./~ ~- JUN 2 IN WITNESS WHEREOF, the parties hereto have caused this modification to be executed by the undersigned officials as of the date listed below. Recipient Collier County Board of County Commissioners BY: Name: Tom Henning Title: Chairman Date: SAMAS #: 52-202510060-52600000-00-03000000 FEID # 59--60000558 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: W. Craig Fugate, Director Division of Emergency Management Date: ATTEST: By: Dwight E. Brock, Clerk (Deputy Clerk) Approved as to Form and Legal Sufficiency Assistant County Attorney AGENDA_ J~EM JUN 2 ~ 2003 EXECUTIVE SUMMMARY APPROVE A BUDGET AMENDMENT FOR $105,600 TO INCREASE BUDGETED REVENUES AND BUDGETED EXPENSES FOR THE SALE AND PURCHASE OF AVIATION FUEL AT MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To acquire approval of a budget amendment to receive and Spend additional funds for the sale and purchase of aviation fuel because of an increase in the selling price and purchase cost per gallon of aviation fuel. CONSIDERATIONS.'.. in preparing the F¥03 budget, the average cost per gallon of Jet A Fuel and Aviation Gasoline for Marco Island Executive Airport was budgeted to be $1.05 and $1.36, respectively. Thus far this year, the costs have been averaging $1.38 and $1.71. For every dollar increase in the cost of fuel, there is a corresponding dollar-for-dotlar increase in the selling price. The markup on fuel sales is a fixed amount per gallon. This means that the increase in the cost of fuel purchases is offset by an increase in the amounts received for fuel sales. Because of the increased unit cost of fuel, the budget authorization for the amount to be spent on fuel purchases at Marco Airport has been exhausted. In order to purchase additional quantities of fuel for the balance of the year, the budget authorizations will have to be increased. Eight loads of JetA fuel costing $83,200 (64,000 gallons @ $1.30) are projected to be needed for the balance of the year. There are two pending invoices for $20,800 yet to be paid. With $7,000 available in the purchase order, an additional $97,000 is required for JetA purchases. Three additional loads of Aviation Gasoline costing $43,200 (24,000 gallons @ $1.80) are projected to be needed for the balance of the year. The current purchase order has $34,600 available, leaving an additional requirement of $8,600. FISCAL. IMPACT: The fiscal impact of this budget amendment request nets to zero. The budget lines for Jet Fuel Expense (a/c # 642416) and AvGas Fuel Expense (a/c # 642415) in Cost Center 192370 for Fund 495 will be increased by $97,000 and $8,600, respectively. The revenue budget for Airport JetA (a/c # 344260) and Airport AvGas Fuel (a/c # 344240) in Cost Center 192370 for Fund 495 will be increased by $97,000 and $8,600, respectively. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION:. That the Board of County Commissioners approve a budget amendment for $105,600 to increase the budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco xecu~,.'.v:~._/~..~. .... _ .... Airport. N'~.~'" 7'~,' ~"i JUN 2 q 2g'~3 PREPARED BY: DATE: Gen~J}chmidt, Interim Executive Director l.(, ~ .... BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 24, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: Tuscany Reserve Community District - Minutes of Meeting held on 4/10/03 B. Minutes: Pelican Bay Services - Agenda for June 4, 2003, Minutes of May 7, 2003, Agenda for Wednesday May 7, 2003, Minutes of April 2, 2003. 2. Collier County Airport Authority- Agenda for May 12, 2003. Collier County Library Advisory Board - Agenda for April 23, 2003. Minutes of March 26, 2003. Isles of Capri Fire/Rescue Advisory Board Summary - Minutes of April 3, 2003. Minutes of May 8, 2003, Agenda for May 8, 2003. Forest Lakes Advisory Committee Minutes of Mav 9. ,.00o. May o0, 2003. Immokalee Local Redevelopment Advisory Board - Agenda for Mav 28, 2003. Historical & archaeological Preservation Board - Agenda for May 21. 2003, Minutes of April 16, 2003. Minutes from the Meeting of April 16, 2003 Community Character/Smart Growth Committee - Agenda and Minutes of May 7, 2003 and Agenda and Minutes for May 14, 2003. Agenda and Minutes of April 9, 2003 and Agenda and Minutes of April 23, 2003 Development Services Advisory Committee - Agenda for June 4, 2003, Minutes of May 7, 2003. 10. H:Data/Format Collier County Citizens Corps Advisory Committee - Minutes, Agenda for April 17, 2003 of April 17, 2003. AGENDA ITEM No. /,, JUN 2 2003 pg. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Other: Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for May 21, 2003, Minutes for April 16, 2003. Citizen's Advisorg Task Force - Agenda for May 9, 2003. Collier County Planning Commission - Agenda for May 15, 2003; Minutes of April 17, 2003. Agenda for June 5, 2003, Minutes of May 1, 2003. Bayshore Beautification M.S.T.U. Advisory Committee - Agenda for June 11, 2003, Minutes of May 14, 2003. Health and Human Services Advisory Committee - Agenda for May 15, 2003, Minutes of January 16, 2003. Ochopee Fire Control District Advisory Committee - Minutes of April 14, 2003. Bayshore/Gateway Triangle Local Redevelopment Advisory Committee - November 6, 2002. Immokalee Local Redevelopment Advisory Board - Minutes of October 2002. Collier County Productivity Committee - Minutes of April 16, 2003. Bayshore/Gateway Triangle Local Redevelopment Advisory Board - Minutes of October 21, 2002. Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for June 2, 2003, Minutes of May 1, 2003 1) Guy L. Carlton - Collier County Tax Collector Budget Amendment H :Data/Format EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE E~ENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from May 31, 2003 through June 13, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period May 31, 2003 through June 13, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared /J/4 ?x4~i r e f t oLr' o~ i~ ~nh:nl ld:2d' ACcFcEo'uCnlt~nAg Reviewed and Approved By: Constance Murray General Operations Manager Date:~f~.~{l~_ EXECUTIVE SUMMARY THE FINANCE AND ACCOUNTING DEPARTMENT SEEKS AUTHORIZATION FROM THE BOARD OF COUNTY COMMISSIONERS TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 2001-2002 AS REQUIRED BY FLORIDA STATUTE 218.32. OBJECTIVE: To receive approval, including the execution of the Certification by the Chairman of the Board of County Commissioners, to file the State of Florida Annual Local Government Financial Report for the fiscal year 2000-2001 as required by Florida Statute 218.32. CONSDERATIONS: As part of the annual audit, the Finance and Accounting Department is responsible for completing and filing all statutorily mandated reports. Included in these reports is the Department of Banking and Finance State of Florida Annual Local Government Financial Report. T his report documents t he revenues a nd expenditures for a given fiscal cycle in accordance with the State of Florida Uniform Accounting System. The report has been reviewed by the external auditors and found to be in agreement with the Comprehensive Annual Financial Report filed with the Board of County Commissioners on May 28, 2003. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Finance and Accounting Department to file the aforementioned report, in executed form, with the Department of Banking and Finance. Prepared By: Detot(M. Johnssen General Accounting Manager Reviewed By: Jar~s L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Date: DEPENDENT DISTRICT REPORTING - Part 2 Use this part to report the tom revenues and expenditures of each local governmental entity that is a component unit included in the annual finacial report of the reporting entity, either blended or discretely presented 100011 Dependent Districts of Collier County 300538 Collier County Airport Authority 301236 Collier County Educalional Facilities Authority 300539 Collier County Health Facilities Authority 300540 Collier County Housing Finance Authority 300541 Collier County Industrial Development Auth 300542 Collier County Water-Sewer District Total Revenues Total Expenditures $1,454:§30 $o $0 $91,256 $7,813 $57,971,876 $2,919,804 $2,884 $0 $57,831 $12,416 $50,863,885 Goodl and Water Di strict $346,554 $338,245 100011 DEPENDENT DISTRICT REPORTING - Part 1 The special districts listed below axe identified by the Department of Community Affair~ as dependent on yom' county. Please indicate whether these districts have been included as component units in yom' report and the presentation a~cording to the Governmental Accounting Standards Board, Statement 14, The Reporting Entity. "Independently Reported" should include only dependent districts that are not component units of your reporting entity. "No Report Subtrotted" should include any dependent districts that ~re component units and should have been included with yo~xr reporting entity but did not, or did not within a reasonable time, provide financial information n~essary to comply with Section 218.32(1), F.S. Dependent Districts of Collier County Blended in Independently Discretely Zero R~venues Primary Reported Reported Expenditures Report No Report 300538 Collier County Airport Authority 301236 Collier County Educationa! Facilities Authority 300539 Collier County Health Facilities Authority 300540 Collier County Housing Finance Authority 300541 Cotlier County Industrial Development Auth 300542 Collier County Water-Sewer District Goodl and Water Di strict ! Submitted Co 0 0 0 0 ~'~. o CD 0 0 0 0 0 0 0 0 0 0 X G~ C 0 0 C~ 4~ 03 C 0'3 ~ CO 0 0 0 CD 0 0 0 CD 0 0 CD CD CD 0 0 0 0 0 0 0 0 Co O~ ~ 0 CD 0 0 CD 0 -. o o--. <o ~ rn m _--.:_,-: = = ~. ~ ~ ~ oo << ,~ ~ <o ~ e<o_,, < << <~ ~ _. = ,: .... O O O CD O O C CD .-~ O ",,1 CD ',4 03 O. 0 c- '"'I 0 = ~. 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THE CARLISLE AT NAPLES~ LTD. CASE NO. 03-230-CA IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OBJECTIVE: The County Attorney's Office is requesting the Collier County Board of County Commissioners to approve the Settlement Agreement and Mutual Release for all claims relating to litigation in Case No. 03-230-CA for payment of delinquent and unpaid impact fees in connection with the Carlisle at Naples, Ltd (Carlisle). (An executed copy of the original agreement is attached hereto as Exhibit "A") CONSIDERATIONS: Pursuant to direction from the Collier County Board of County Commissioners, adult facilities that did not restrict school age children at the time building permits were issued or had no deed restrictions in place by the time of the issuance of Certificates of Occupancy were to be notified of and requested to pay outstanding impact fees. In all, approximately Twenty-Nine [29] facilities were reviewed for collection efforts. If this settlement is approved, only three facilities will remain and all three are currently in litigation. In the process of reviewing the payment histories of such facilities, it was discovered that some of them owed fees to the County and some were due to receive refunds from the County. The Carlisle was notified in writing that unpaid School Impact Fees were outstanding in the amount of One Hundred Seventy-Eight Thousand, Six Hundred Thirty-Two ($178,632.00) Dollars. There was also an overpayment of Road and EMS impact fees in the amount of Twelve Thousand, Seven Hundred Fifteen Dollars and Fifty-Eight Cents ($12,715.58). After receiving the collection notice, The Carlisle recorded a deed restriction on the property. On or about January 17, 2003, Collier County filed suit against the Carlisle seeking payment of the unpaid impact fees. After negotiations, a settlement was reached, pending approval by the Board of County Commissioners, wherein Collier County would accept a payment of $40,000.00. Under the terms of the Settlement Agreement and Mutual Release, attached hereto as Exhibit "A', Collier County will forego its claims against Carlisle and dismiss its lawsuit with prejudice and the Carlisle will forgo its claims against the County. FISCAL IMPACT: The settlement will result in receipt of $40,000.00 in cash that will be distributed into the school impact fee trust fund and $12,715.58 in funds that will not have to be refunded. If approved, this would bring the total recovery amount to $575,932.20. Total refunds amount to $145,720.19, for a net recovery of $430,212.01. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman to execute the settlement agreement and mutual release on behalf t~Jo. LC~.oBn~y.. JUN 2 q 2003 Prepared by: Approved by: (~cqu~line Hubbard Robinson ~lssistant county Attorney David C. Weigel, County Attorney Date: Date: H: JackicY Executive Summary/Ex. Sum.-Ca~lisle SETTLEMENT AGREEMENT AND MUTUAL RELEASE WITH THE CARLISLE AT NAPLES, LTD. THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between The Carlisle at Naples, LTD., a Florida Limited Partnership, (hereinafter referred to as "Carlisle") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, the County has filed suit against Carlisle in Case No. 03-230-CA, pursuant to section 74-501 of the Collier County Code of Laws and Ordinances, for foreclosure of a lien imposed for unpaid impact fees against Carlisle in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, in connection with the property described in Exhibit "A" attached hereto; and, WHEREAS, Carlisle and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to impact fees associated with development of the Property prior to the date of this Agreement; and, WHEREAS, Carlisle and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, ag~en_t_sc.~..a~.0.r.n_eys_,.. representatives, insurers, spouses, successors, assigns, heirs and affi!ates; \ ...~ 1 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Carlisle and the County agree as follows: 1. Carlisle and the County adopt and incorporate the foregoing recitals, sometimes referred to as 'M/hereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to Impact Fees, and for and in consideration of the following: a. Collier County will dismiss its lawsuit in Case No. 03-230-CA with prejudice; and b. Collier County will file a Satisfaction of Lien for the Claim of Lien filed in O.R. Book 3149 pages 1868 through 1873; and c. Carlisle will tender to Collier County, in full settlement of all matters pertaining to the issuance of a building permit to the development of the Property as they relate to the impact fees, the sum of Forty Thousand ($40,000.00) Dollars. In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County and Carlisle, this settlement agreement and release is hereby entered into and covers all claims relating to impact fees between the parties hereto in connection with the development of the Property prior to the date of this Agreement. 3. In consideration of the resolution of this dispute, and for valuable consideration, the receipt and adequacy of which is hereby acF 2 nowle~Jge-~d;~ ' J U~ 2 ~ 2003 County, on behalf of itself, and Carlisle on behalf of itself, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against each other that arise from or relate or refer in any way, whether directly or indirectly, to Impact Fees in connection with the development of the Property prior to the date of this Agreement. This Agreement shall not and does not apply to any future impact fees that Carlisle Agreement. 4. may become responsible for after the date of this Carlisle and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Carlisle and the County recognize and acknow!edge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of the Carlisle or the County. 6. Carlisle and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against'~d~..~. ,based JUt, 2 ~; ~uO3 upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Carlisle and the County agree that all underlying causes of action or claims of Carlisle and the County have been mutually extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Carlisle and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Carlisle and the County have signed and sealed this Agreement and Release as set forth below. ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Date: By: TOM HENNING, Chairman Date: 4 THE CARLISLE AT NAPLES, LTD. Witnesses: - //o~_~ (Signature) --y ~-' (Print) (CORPORATE SEAL) (Print) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CARLISLE AT NAPLES, LTD. AND COLLIER COUNTY, FLORIDA WAS SWORN TO by ,S~:-~.'~, '~ :,k ~;~-u.~ , before me, this i t-~v'- day of and subscribed '-'~,' .'~ { ,2003. I . i,,'.',~. ",~ ~!.__ -- Personably Known Signature of Notary Public .... or ti ~;::'!~'.- 'J^c%a-~N-~"~'"n'C~u' ]1 Produced Identification i~ ~.""~'"'~¢~ ',',Y COMMISSION ' CC 9022~ /1 Com~i~SiS~ed-Name of Nota~ Public (Please print, ~pe or stamp) Type of Identification Produced My Commission expires: .~,(~ ,'~ '~ ?-o; ~ Approved as to form & legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney H: Jackie/Carlisle/settlement agreement & release 5 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 113 AND 713 IN THE LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE CHURCH OF NAPLES, INC., ET AL, Case No. 99-2165-CA (IMMOKALEE ROAD, PROJECT NO. 69101). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interests in Parcels 113 and 713 for the Immokalee Road project in the lawsuit styled Collier County v. Faith Bible Church, Inc., et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of the above-mentioned property interests for the Immokalee Road improvement project (Project No. 69101). On September 9, 2000, Collier County deposited with the Registry of the Court the sum of $17,200.00 for Parcels 113 and 713 in accordance with the Stipulated Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Cullen Z and Constance Walker, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-249). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $35,000.00 to be paid to Respondents, Cullen Z. and Constance Walker, as full compensation for the property rights taken as to Parcels 113 and 713, $5874.00 to be paid to Brian P. Patchen, Esquire for attorney fees, and the aggregate sum of $15,562.50 to be paid for appraisal fees and engineering fees. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $39,326.00 with the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. ! ~[ISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $39,326.00 rom the Transportation Supported Gas Tax Reserve Fund. Source of Funds are Gas Taxes. GROWTh MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; 2003 o approve the necessary budget amendment; direct staff to deposit the sum of $39,326.00 into the Court Registry; and direct payment of $100 service fee to Clerk of Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~_ e~in-I-~'-c~,' ROW Acqu~anager Tran sportatiiCn/ECM/ROW ._ Date: Gregg Strakaluse, P.E., Director Transportation/ECM Date: Norm/Feder, Administrator Tran~ortation Division David C. Weigel, County Attorney Date: , / h: Lit~EmdommnXFaithBibleXexsum-sI3113&713 JUN- 2-0~ liON 13:31 E~RLE & P6TCHEN, P~,F~× NO, '! ~ T~ ~~T CO~T OF ~ ~TH ~IC~ C~~ ~ ~ FOR COLLAR CO~, ~O~A ~ A~ON P. 03 CoI/JF-~ coUNTY, FLOR.K)A, a political subdivision of the State of Florida, Case No.: 99-2165-CA pamelNos.: 113 &?13 'CS. FAI~ BIBLE CHUKCH OF NAPLES, INC., et al., Respondents. J STIP~A~ FINAL JUDGMENT TH~S CAUSE hawing come before the Court upon ]oint Motion made by petitioner, COLLIER COUNTY, FLORIDA, Dy and through its undersigned counsel, and Respondents, ~ Z. WALKER and CONSTANCE wALKER, by and through thck undersigned counsel, for entry of a Stipulated Final Judgn~nt as to pa.ccels 113 and ?13, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLIJEK COUNTY, 1=LORIDA' is the full compensation due Respondents, C~ Z. WAI.,Kt~ and CONSTA1NCE W~, and the Court being other, wise fully advised in the promises thereof, it · OlU)~ AND ADIUDGED that Respon~n~, C~ Z. W~ ~a CONST~CE w~R, have ~d ~over ~m peaaon~, CO~ CO~, ~O~A, me m~m of ~rt~- five Tho~d Vo~s ~d No/100 ($35,000.00) for p~ls 113 ~d 713 ~ ~H paint for ~c prope~ inte~ ~n ~d for ~s ~g to ~e ~m~&~, if l~s ~ ~e ease p~op~ w~ t~en, b~s ~ages, ~d f~ ~ other ~ges ~ co~aon ~ smd p~ls; 1t ~ JUN- 2-03 MON 13:32 EARLE 8, PATCHEN, PA, FAX NO, 130537236@1 P, 04 ORDEI~I:~ that Respondents, ~ Z. W~ ~d CONST~CE WA~.~R, receive ~om Pe~oner, CO!.I~ CO~, ~~A, ~ a remonable a~omey's fee ~e s~ of ~e ~o~d Eight H~dr~ SevenW-Four Do~ ~d No/100 ($5~4.00); it is ~er O~~ ~at Respon~n~, C~ ~-~.N Z. W~T.~R ~d CONST~CE WAT.~, receive ~om Pe~fioner, COI.T.~ CO~Y, ~~A, ~e ag~cga~ s~ of ~t~n ~o~d ~ve H~dr~ S~-~o DoH~ ~d 50/00 ($1f~2.f0) e~uag l~cape ~c~t~t f~s of $3000.00, appr~sg f~s of $3562.50, ~d en~n~ng f~ of $9000.~; it is ~er O~~ ~a no ad~fion~ costs or f~s sh~ O~~ ~at Pe~oner, COU.~ CO~, ~~A, '~h~. ~posit ~to ~e court ~s~ ~ ad~fionE ~.N~e Tholed ~ H~ ~ty-S~ DoH~s ~d 50/100 ($39,326.50), subj~t to ~e approval of ~ Bo~d of dam of ~s Sfip~aed Fine lud~nt; it is O~~ ~ ~e Clerk of ~s Co~ sh~ ~sb~e ~e to~ ~mount of ~ve Tho~d Ei~t H~ SevenW-Fo~ Do~ ~d No/100 ($~874.00), being R~pon~n~' ~onable aRome~s f~, to B~ P. PAT~, ~Q~, E~le & Patchen, P.A., 1000 Bfic~ll Argue, S~te 1112, ~, ~ 33131; it is ~ O~~ ~a ~e Clerk of ~s Co~ sh~ ~sb~e ~e to~ ~ount of ~ ~o~d ~ve H~ S~-Two Do~s ~d 50/100 ($15~62~0) to ~ & PATC~ ~UST ACCO~o Bfi~ P. Pachen, ~q~, ~le & Patchen, P.A., 1~ Bficke~ Avenue, Sui~ 1112, ~, ~ 33131 for ex~ f~; it is ~er O~~ ~ ~e co~ ~ j~s~cfion to a~offion md ~sb~e five ~o~d Do~ ~d No/100 ($3~000.00) l~s my moun~ p~ously p~d for ~e benefit of Responcl~nts, CUII .~NI Z. W~ and CONSTANCE WALKER; it is further NO. ~ JUN 2 ~ 20;3 i Pg. '/'/' t EARLE & PATCHEN, PA, FAX NO, 13053723691 P, 05 3UN- 2-03 NON ~3:33 ORDER.ED that title to parcels 113 and '/13, Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Basements, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in petitioner, cOLLIER COUNTY, FIX)RIDA, pursuant to the Order of Taking dated August 27, 1999, and the deposit of money heretofore made, is approved, ratified, and confanned; it is further ORDERED that the Notice of Lis Pendens file~l in the above-styled cause and recorded in Official Record Book :1566, Page 2356 of the Public Records of Collier County, Florida be dismhsed as to parcels 113 and 713; it is fu.~er , ORDERED that this Stipulated lninal Judgment. is to be recorde~l in the Official Records of Collier County, Florida; it is therefore DONrE AND ORDERED in Chambers at Naples, Collier County, Florida, this _.____ day of _,2003. CIRCUIT COURT JUDGE Conformed copies to: Held/F. Ashton, Esquire Brian P. Patchen, Esquire E. Glenn Tucker, Esquire A Better Business & Tax Service, Inc. Bookk~ping JUN- 2-03 NON 13:34 EARLE & PATOHEN, PA, FAX NO. 13053?23691 P, 06 JOINT MOTION FOR STIPULATED FINAL JIJDGMENT Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Jud~mnent as to Parcels 113 and 713. Dated: Florida Bar No.: 157545 EARLE & PATCI-I~, P,A. 100 Wallace Avenue, Suite 310 Miami, FL 33131 (305) 372-1112 - Telephone (305) 372-369I - Facsimile ATTORNEY FOR RF_~PONDENTS DaSd: ItE~I F. ASIITON, F, SQUIRE Florida Bar N6..: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turfi~ Building 3301 East T_amiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PL:elIrlONER b:Lit~al)omai~aithbible~' 113&? 13 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774~192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS.113 & 713 FOLIO NO ............00105000009 EXISTING R\W LINE FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT 330.13' IMMOKALEE ROAD (C.R. 846) 100' R\W 330' PARCEL 113 25' PARCEL 713 115' WEST 1/2, NORTHWEST 1/4, NO RTHWEST 1/4, NORTHWEST 1/4 SEC.28,TWP. 49S, RGE. 26 E. DESCRIPTION (PARCEL 113) fee simple title THE SOUTH FIFTY (503 FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR .370 ACRES DESCRIPTION (PARCEL 713) temporary construction easement THE SQUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NQRTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SQUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1250 SQUARE FEET OR .029 ACRES GENERAL NOTES 1) P.O,C. ' POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING '~ SEC. = SECTION FWP. = TOWNSHIP ~; RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I OCT. 16, 1908 OEORGE R. RICHMOND PROFE881ONAL LAND SUEVEYQE-FL. EEG. ~ 2~ PUBLIC WORKS ENGINEERING DEPT. COLLIER COUN~ GOVERNMENT GQMPL~ ~1 ~T T~I T~IL ~LES, FLORIDA ~112 IMR113 SHEET 1 OF I EXECUTIVE SUMMARY APPROVE A PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY v. ANTHONY J. VARANO, Case Nos. 99.4226-CA and 00-3430-CA. OBJECTIVE: That the Board of County Commissioners approve the proposed settlement agreement with Anthony J. Varano, Jr., which provides for the abatement of code violations and compromise of lien amounts in two separate lien foreclosures entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. CONSIDERATIONS: These cases originated from two separate code enforcement proceedings against property owned by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence of a violation in each case, the Code Enforcement Board entered an Order Imposing Fine/Lien, the recording of which imposed a lien against the violated property and all other real and personal property of Varano. After authorization of the Code Enforcement Board and pursuant to § 162.09, Fla. Stat., the Office of County Attorney initiated two actions to foreclose the County code enforcement liens. Varano's attorney, Mr. Shapiro, has raised numerous affirmative defenses, including a medical disability which allegedly prevented Varano from defending against the code enforcement prosecution and taking appropriate action to abate the violations when found. Varano claims a financial inability to abate either violation, but has the opportunity to sell one of the properties as a means of abating the violation. Varano has presented certain documentation to support this claim, including an affidavit describing his financial condition. This documentation was presented to the Board on May 13, 2003, along with Varano's previous settlement offer. The Board rejected Varano's previous offer (5-0) and directed staff to reject all future offers below $50,000. On May 15, 2003, Mr. Varano authorized his attomeys to settle this matter with the County for the sum of $50,000. The proposed settlement agreement (attached hereto) will permit Varano to sell the Golden Gate Estates property so long as the contract purchaser is required to abate the violation within 60 days. Upon closing $25,000 will be escrowed for the benefit of the County. When the violation is abated, the County will receive $25,000 and release the Golden Gate Estates property from its lien. Thereafter Varano has 120 days to satisfactorily abate the violation on the other violated property (Washington Avenue). Once satisfactorily abated, Varano will pay the County another $25,000 and the County will release the second property from its code enforcement lien. The settlement amount reflects a large compromise in the lien amounts. The fines in these cases have been accruing since February 2, 1998, and June 4, 1994, at $250 per day. The total combined lien amount in these cases exceeds 1.26 million dollars, an am°unt clearly not recoverable by the County through successful foreclosure in these cases due to the value of the properties. (The total assessed value of these properties is $160,000.) Notwithstanding the compromise of a substantial portion of the fine described above, it is staWs recommendation that the Board approve the proposed settlement in consideration of the costs to be incurred by the County through continued litigation, potential recovery (which includes the amount of recovery, likelihood of success, and--t~e-probabil!?.oL_.. ...... :,33 continued litigation and ultimate recovery through a foreclosure proceeding and sale), the relative strengths and weaknesses of each party's claims, and policy concems. In the event the Board rejects this proposed settlement, the County will incur additional expenses in pursuing foreclosure and, in the event the County prevails in the foreclosure actions, in bidding on the property so as to insure a reasonable recovery. Should there be no reasonable bids on the properties at time of sale, the County will obtain title to the properties and will thereafter be responsible for correcting the existing violations on both properties. Cleanup would include the demolition of an abandoned structure and removal of numerous vehicles, litter and debris. GROWTH MANAGEMENY IMPACT: None. FISCAL IMPACT: Payment to the County, in two installments and upon conditions being met pursuant to the terms of the proposed Settlement Agreement, in an amount not to exceed Fifty Thousand Dollars ($50,000.00) to be deposited into the "Code Enforcement Board Fines" Revenue Account MS'IT) General Fund 111. RECOMMENDATION: That the Board of County Commissioners: Approve the terms and conditions set forth in the Settlement Agreement, which provide for the compromise of over nine hundred thousand dollars worth of accrued fines by the County; and Authorize its Chairman to execute the original Settlement A~eement; and Direct staff to take all steps necessary to ensure performance of both parties pursuant to the terms of the Settlement Agreement, including recording of satisfactions; and Authorize the Chairman to execute the Satisfactions/Releases of Lien upon submittal by staff. S UB~M1TYED BY: Ellen T. Chadwell, Assistant County Attorney Date: REVIEWED AND APPROVED BY: Michelle Edwards Amold, Director Code Enforcement Department Date: / ,,,~ Administrator, Commumty Development j/ & Environmental Services APPROVED BY: David C. Weigel O County Attorney Date: Date: SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on this __ day of , 2003, by and between Collier County (the "County") and Anthony J. Varano, Jr. ("Property Owner"), with respect to Case Nos. 99-4226-CA and 00- 3430-CA, filed in the Circuit Court of Collier County and originating from Code Enforcement Board Case Nos. 94-005 and 97-029. WITNESETH: WHEREAS, the County has tiled t,','o actions in the Circuit Court of Collier County, Case Nos. 99-4226-CA and 00-3430-CA, to foreclose the code enforcement liens created by orders arising out of Code Enforcement Board Case Nos. 94-005 and 97-029; and WHEREAS, an Order Imposing Fine/Lien was recorded on March 13, 1998, in Official Record Book 2398, Page 893, et. seq., in CEB Case No. 97-029, which created a lien on certain properties owned by the Property O~vner in Collier County., Florida and described in Exhibit "A" to this A~eement; WHEREAS an Order Imposing Fine/Lien was recorded on February 6, 1995 in Official Record Book 2028, Page 30, et seq., arising out of CEB Case No. 94-005, which order created a lien on certain properties owned by the Property Owner in Collier County and described in ExluOit ".~" (attached hereto); WHEREAS. a Clerk's default was entered against the Property Owner on June 23, 2000, in Case No. 99-4226-CA; and WHEREAS the property owner has not abated the violation which is the subject of CEB Case No. 97-029; and JUN WHEREAS the Property Owner has not abated the violation which is the subject of CEB Case No. 94-005; and WHEREAS the Property Owner has asserted his financial inability to abate the violations on both properties; WHEREAS the lien created by .the Order Imposing Fine/Lien in CEB Case No. 94-005 amounts to approximately $816,750 (accruing from January 9, 1995 to May 15, 2003) and continues to accrue at 5250 per day until the violation is abated or a foreclosure judgment is entered; Vv'HEREAS, the lien created by the Order Imposing Fine/Liens in CEB Case No. 97-029 amounts to approximately $477,000 (accruing fi.om February 25, 1998 to May 15, 2003) and continues to accrue at 5250 per day; XVHEREAS the County recognizes the unlikelihood of recovering the full amount of the tiens by proceeding through :oreclosure and desires to compromise the amount of the liens imposed against the Property, Owner's properties in the interest of obtaining abatement of the violation; and WHEREAS the parties to this A=o-reement recognize that it is in their best interest to compromise the lien and achieve abatement of the violation on both properties. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by Parties and with the intent to be legally bound hereby, the County and the Property Owner mutually agree as follows: !. The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. JUN 2 2. Within thirty (30) days of the effective date of this Agreement, the Property ©xvner shall obtain a Contract for Sale for property described as the East 165 feet of Tract 116, Golden Gate Estates, Unit No. 3, and identified by Folio No. 36716961009 (hereinafter "Golden Gate Parcel"), which Contract must incorporate those conditions set forth in Paragraph 3 below. ~*he Property Owner will provide the County with a copy of the fully executed sales contract within this time period tbr its review. The contract shall provide for a closing date within sevenU-five (75) days of execution of the contract. The Property Owner's inability to obtain and produce a binding contract for sale in accordance herewith xvill constitute the breach of a condition precedent to the remaining obligations of this Agreement, and the County shall have the option to terminate this A~eement and proceed with the tbreclosure actions. 3. Any contract t'or sale of the Golden Gate Parcel must require the contract purchaser of the property, to abate the existing violation within sixty (60) days. The contract purchaser shall be required to remove all debris and litter from the property and either (a) obtain a valid building permit for completion of the structure or (.b) obtain demolition permit and remove structure. The Golden Gate Parcel will remain encumbered by the County's liens until such abatement is obtained. The failure to obtain a certificate of occupancy for the permitted structure constitutes a new violation which may be prosecuted against the contract purchaser. 4. The County agrees that upon satisfactory abatement of the violation on the property described in Paragraph 2, it will execute a Release of Lien as to that property in accordance with Paragraph 5 below. The County shall be notified of the abatement and given an opportunity to inspect the property to determine if the violation has been satisfactorily abated. 5. At closing on the sale of the Golden Gate Parcel the sum of $25,000 shall be held in an interest-bearing escrow account for the benefit of Collier County. Upon Courlt~s JUN 21~ determination that the violation has been abated, the Property Owner or its closing agent, shall disburse the 525,000, plus any accrued interest, to Collier County. Upon receipt of those funds the County shall execute a Release of Lien and Partial Release of Lis Pendens as to the Golden Gate Parcel and shall record the same within thirty (30) days thereof. 6. The Property Owner agrees that the proceeds from the sale, other than those funds To be escrowed as provided herein, shall be used to abate the violation existing on property located on Washington Avenue, more particularly identified Parcel No. 13, of Section 11, 'township 49 South, Range 25 East, and identified by Folio No. 00250800005 (hereina~er "Washington Avenue Parcel"). 7. The Property Owner shall have one hundred and twenty (120) days from closing on the Golden Gate Parcel to satisfactorily complete abatement of the violation on the Washington Ax;enue Parcel. The County shall inspect the property after notice from the Property ,.7)whet of abatement and determine whether the violation has been corrected. After notice from the County to the Property Owner that the violation has been corrected to the satisfaction of the County, the Property Owner shall pay to the County the sum of $ 25,000. 8. Upon receipt of the sum of S25,000, the County shall release the Washington Avenue Parcel and execute a satisthction of the remaining code enforcement lien and shall dismiss both pending foreclosure actions with prejudice. 9. The parties agree that this Agreement supersedes and replaces all prior Agreements and the understanding that it constitutes the entire Agreement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In 4 JUN 2 2fllla executing this A~eement, the Property Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 10. In the event that the violation on the Golden Gate Parcel is not abated by the contract purchaser within the sixty (60) days, or the Golden Gate Parcel fails to close, or the Property Owner fails to make any paYment to the County as directed by this Agreement, or the Property Owner tails to abate the violation of the Washington Avenue Parcel, or anT~ of the conditions set tbrth in this Agreement are not met, the County may, at its option, terminate this A~ecment and continue to foreclose on the Properties. The Parties acknowledge and agree that the entering into this Agreement shall in no way impair or comoromise the validity or enforceability of the code enforcement liens currently pending against the properties. 11. The Property Owner acknowledges and agrees that it is ultimately his responsibility to ensure that the violation existing on the Golden Gate Parcel is corrected, and that any contract for sale must provide adequate provisions enabling the Property Owner to take action to correct the violation or recover possession and control of the property for the same purpose in the event the contract purchaser tails to correct the violation to the satisfaction of the County. In no event shall a conveyance of title to a third party or a failure or breach of contract obligations by a third party constitute an excuse to performance under this Agreement. 12. The Property Owner expressly agrees that the County may proceed to enforce these liens through the foreclosure in the event the Property Owner or the contract purchaser fails to comply with the provisions of this Agreement. The Property Owner agrees that if he fails to comply with the provisions of this Agreement or the contract purchaser identified in Paragraph 2 fails to abate the violation, and the County proceeds with its foreclosure actions, he shall be deemed to have waived all defenses to the foreclosure actions other than the defense of payment. JUN 2 q Under no conditions shall the County's acceptance of the $25,000 (plus interest) payment in accordance with Paragraph 5 of this Agreement be construed as satisfaction of the code enforcement liens but rather shall only entitle the Property Owner to a release of the Golden Gate Parcel from operation of the liens. 13. This Agreement has been entered into freely and voluntarily by the Property Owner after having been apprised of all relevant information conceming this Agreement and the consequences thereof and after having received advice from his legal counsel, Marc L. Shapiro. 14. The Property Owner acknowledges and agrees that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until Formally accepted and approved by the Board of County Commissioners. 15. This A~eement shall be gove,'-ned by the laws of the State of Florida. 16. The Parties a~ee that this A~eement may not be modified except by the mutual consent of the Parties and in writing, executed in the same formality as this Agreement. 17. Both parties to this Agreement have participated fully in the negotiation and preparation or' this Agreement. Accordingly, this Agreement shall not be more strictly construed against either one of the parties hereto. 18. The parties agree and acknowledge that this Agreement is not intended to, nor shall it create any rights or obligations in any parties not signing this Agreement, nor shall this Agreement create any benefits in third parties, in particular, any contract vendee of the properties described herein. No party other than the undersigned shall have standing to enforce the terms of this Agreement. 19. This Agreement shall become effective upon execution by the last signing party to 6 the Agreement. IN WITNESS WHEREOF, the Property Owner, Anthony J. Varano, Jr., and Collier County have executed this Agreement consisting of . pages on the day and year first written above. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY CO~v~vlISSIONERS OF COLLIER COUNTY, FLORIDA By: -THOMAS HENN~G, Chairman Date: Approved as to form and kt.0,bsufficiency: ... JE L LEN~T. CH2ADWELL Assistant County Attorney Witness ?~pt: ' ...~-' . '~¥ itness ~k.n~l~on~ J. V/arar{~, j_r.~~ D~t¢: Print: Reviewed by: MARK L. Si~APIRO', ~SQ. Attorney t'or Property Owner, Anthony J. Varano, Jr JUN 2 STATE OF FLORIDA COUNTY OF COLLIER THIS SETTLEMENT AGREEMENT between Property Owner and Collier County, was acknowledged before me, the undersigned authority, by Anthony J. Varano, Jr:, this [ 92 .'~ day of ~-------"~. k~,%',--~-_~ , 2003. · ~at~e ofNot~P4glic :~- } Con mai ssioned N~e of Notau Public (Please print, ~e or stamp) Personally Known Produced Identification Type of identification Produced My Commission expires: .~"~ JUN 2 zt 2003 EXECUTIVE SUMMARY CU-2002-AR-3054, JAMES E. MCDONALD OR KAREN P. SHELTON, REPRESENTING THE TRUSTEES OF VANDERBILT PRESBYTERIAN CHURCH, REQUESTING CONDITIONAL U~E "2" (CHURCHES AND HOUSES OF WORSHIP) AND CONDITIONAL USE "4" (CHILD CARE) OF THE RSF-3 ZONING DISTRICT. THE REQUEST IS TO INCORPORATE AN EXISTING SINGLE-FAMILY HOME ON LOT 21 INTO THE EXISTING USE AS A CHURCH, AND TO PERMIT A PRE-SCHOOL AND CHILD CARE IN THE CHURCH BUILDING ONLY. THE PROPERTY TO BE CONSIDERED FOR THE CONDITIONAL USE IS LOCATED AT 1225 AND 1301 PIPER BOULEVARD ON THE NORTH SIDE OF PIPER BOULEVARD IN SECTION 24, TOW'NSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THIS PROPERTY CONSISTS OF 2.24 ACRES. OBJECTIVE: For the Board of Zoning Appeals to approve, with conditions, a Conditional Use for additional property for an existing church and the use of childcare within the existing church. CONSIDERATIONS: The petitioner requests Conditional Use "2" and Conditional Use "4" of the Single-Family Residential (RSF-3) zoning district in order to incorporate an existing building into the church campus and to add childcare as a use. A Provisional Use (a petition-type that predates the Land Development Code) was approved by the Board of Zoning Appeals in 1981 (PU-81-10C) for a church. The petitioner now wishes to add a lot with an existing single-family home (zoned RSF-3) to the church campus. This requires a Conditional Use. The petitioner also wishes to begin childcare services. Since this use w ~s not included in the original Provisional Use, a Conditional Use is now required. J UN 2 2003 FISCAL IMPACT: No fiscal impact to Collier County is anticipated by the approval of this Conditional Use. GROWTH MANAGEMENr IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) and is located within an Activity Center Residential Density Band. The Residential designation permits non-residential uses that are compatible with, and/or support, the residential character of the Residential designation. These uses include churches, private schools, and day care centers. Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was not required. An ElS was not required because the site was previously developed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on May 15, 2003. The Commissioners heard presentations by the petitioner, Staff and a neighbor. The neighbor stated that the current renters of the single-family house were noisy. The petitioner assured the neighbor that, if the petition is approved, the house would not be rented after the termination of the current lease. By a vote of 9 to 0, the Planning Commission forwarded the petition to the BZA with a recommendation of approval with conditions. ~, ' JUN 2 2003 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission forward Petition CU-2002- AR-3054 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: 1. The structure located at 1301 Piper Boulevard may be used for meetings, programs, and as offices, subject to building permit review. 1301 Piper Boulevard shall not be used for childcare. 2. Homeless shelters, as defined by the Land Development Code, are prohibited. 3. The subject property shall meet the applicable requirements of Division 2.4 of the Land Development Code prior to the issuance of any building permits for 1301 Piper Boulevard. 4. The subject property shall meet the requirements for a sidewalk with pedestrian connections as required by the Land Development Code prior to the issuance of any building permits for 1301 Piper Boulevard. 5. The subject property shall meet the applicable requirements for handicap parking, pavement marking and traffic-control signage as required by the Land Development Code prior to the issuance of any building permits for 1301 Piper Boulevard. AC~.NDA JUN 2 q 2003 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: yq~SAN MURRAY, AICP CURRENT PLANNING MANAGER DATE DATE APPROVED BY: DATE' ?LMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-2002-AR-3054 4 JUN 2 ~ 2003 AGENDA ITEM MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 29, 2003 CU-2002-ARo3054 PROPERTY OWNER/AGENT: OWNER: Vanderbilt Presbyterian Church, Inc. 1225 Piper Boulevard Naples, FL 34110-1252 REQUESTED ACTION: The petitioner requests Conditional Use "2" and Conditional Use "4" of the Single- Family Residential (RSF-3) zoning district in order to incorporate an existing building into the church campus and to add child care as a use. LOCATION: The subject parcel is Airport-Pulling Road. located on Piper Boulevard north of Immokalee Road, east of The site consists of 2.24 + acres. DESCRIPTION OF PROJECT: The petitioner seeks two Conditional Uses. A Provisional Use (a I: predates the Land Development Code) was approved by the Board of Zoning Apl :als 1981 (PU-81-10C) for a church. The petitioner now wishes to add a lot with an 5sting JUN 2 q A RE-SUBMITTAL CU-2003-AR-3054 PROJECT #2002080055 DATE: 3/20/03 FRED REISCHL single-family home (zoned RSF-3) to the church campus. This requires a Conditional Use. The petitioner also wishes to begin childcare services. Since this use was not included in the original Provisional Use, a Conditional Use is now required. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: Property developed with a church and a single- family house; zoned RSF-3 Single-family homes; zoned RSF-3 Single-family homes; zoned RSF-3 Piper Boulevard ROW, across which is the Immokalee Road canal, across which is Immokalee Road, across which is the Uptown Center, which is zoned PUD (Immokalee Road Center PUD) Undeveloped property; zoned C-5 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict; and is located within an Activity Center Residential Density Band. Relevant to this petition, the Residential designation permits non-residential uses that are compatible with, and/or support, the residential character of the Residential designation. These uses include churches, private schools, and day care centers. 2 AC.~A ~ JUN 21 , I Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petlt~oner 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. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a church and childcare on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory. provision and arrangement have been made concerning the following matters, where applicable: Consistency with the Land Development Code and the Growth Management Plan. A consistency analysis was performed by the Comprehensive Planning section of Planning Services and the finding was made that the proposed church and childcare may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Cvnsistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with automotive and pedestrian safety and convl~Pi'~"~l~NO particular reference to traffic flow and control, and access in case of fire or catastrophe. J i 2003 The Transportation Planning Department has reviewed the existing access points pedestrian safety and traffic circulation and has added conditions 4, 5 and 6. With those conditions, traffic and pedestrian safety will be satisfactory. Co The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. There will be little, if any effect on neighboring properties in relation to noise, glare or odor. The sounds of the children in the childcare program will be ameliorated by the program being limited to the existing church building, not the single-family house at 1301 Piper Boulevard. Compatibility with adjacent properties and other property in the district. Both churches and childcare may be allowed in residential districts through the Conditional Use process. Both uses are considered compatible with residential districts, however, at the request of neighbors, childcare is limited to the existing church building. Also, at the request of neighbors, homeless shelters are specifically prohibited. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition because it did not meet the size threshold. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU- 2002-AR-3054 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: The structure located at 1301 Piper Boulevard may be used for meetings, programs, ano as offices, subject to building permit review. 1301 Piper Boulevard shall not be used for childcare. Homeless shelters, as defined by the Land Development Code, are prohibited. The subject property shall meet the applicable requirements of Division 2.4 of the Land Development Code prior to the issuance of any building permits for 1301 Piper Boulevard. JUN 2 4 2003 4 4. The subject property shall meet the requirements for a sidewalk with pedestrian connections as required by the Land Development Code prior to the issuance of any building permits for 1301 Piper Boulevard. 5. The subject property shall meet the applicable requirements for handicap parking, pavement marking and traffic-control signage as required by the Land Development Code prior to the issuance of any building permits for 1301 Piper Boulevard. 6. Traffic signage, pavement markings, and roadway design by Statutes shall be implemented in accordance with Standards and Speed Zoning requisites adopted by the State in accordance with State Statute. It is the responsibility and liability of the Engineer of Record to comply with it. 5 JUN 2 ~ 2003 PREPARED BY: F ~,EISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SAN MURRAY, AICP / NT PLANNING MANAGER MARGARE~flVUERSTLE, AICP PLANNING~ERVICES DIRECTOR DATE DATE APPROVED BY: /J_O/SEPH K. SC~MITT ~/";' D/ATI~ - /~/GOMMLrNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: CU-2002-AR-3054 Collier County Planning Commission: KENNETH '~-. ABER~AT~, CHAIRMAN 6 JUN 2 ~ 2003 Details Page 1 of 1 Folio No-II Owner Namell 00161640008 Current Ownership II Property Addressil 1225 IMMOKALEE RD VANDERBILT UNITED PRESBYTERIAN Addressest c,~ll LegalI CHURCH INC 1225 PIPER BLVD NAPLES II Statell FL zipl134110.1262 24 48 25 S112 OF Nll2 OF SEll4 OF SW114 OF SWl14, Nll2 OF Sl/2 OF SEll4 OF SWl/4 OF SWl14 5 AC OR 1378 PG 2232 Section II 24 II TownshipII Range II Acres II Map No. 46 II 25 1[ 5.3 II 3A24 Millage Area II st~pNo. I 11462624 046.0003A24 I It ~ Mi.age I 2002 Final Tax Roll Values Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value t (') Homestead and other Exempt Value $ 397,soo.ool I Date $ 2,07s,417.00J I 09/1988 II $ 2,472,917.0011 10/1981 $ 0.00 I $ 2,472,917.00 1 $ 2,472,917.00 I (=) Taxable Value $ 0.00 J SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book- Page tl Amount 1378- 2232 ][ $ 0.00 942- 223 I[ S 300,000.00 The Information is Updated Weekly. JUN 2 zt 2003 http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000161640008 4,"30/2003 Division of Corporations Page 1 of 2 Florida Non Profit VANDERBILT PRESBYTERIAN CHURCH, INCORPORATED PRINCIPAL ADDRESS 1225 PIPER BLVD NAPLES FL 34110 Changed 03/22/1999 MAILING ADDRESS 1225 PIPER BLVD NAPLES FL 34110 Changed 03/22/1999 Document Number FEI Number Date Filed 764800 591923020 09/01 / 1982 State Status Effective Date FL ACTIVE NONE Last Event AMENDED AND RESTATED ARTICLES/NAME CHANG Event Date Filed 05/12/2000 Event Effective Date NONE Registered Agent Name & Address RAWSON, M. JEAN 400 FIFTH AVENUE SOUTH SUITE 300 NAPLES FL 34102 Name Changed: 05/08/2000 Address Changed: 05/08/2000 Officer/Director Detail Name & Address Title MOORE, WILLIAM 10321 REGENT CIR PTR NAPLES FL 34109 JUN 2 4 2003 .../cordet. exe?a 1 =DETFIL&n 1 =764800&n2=NAMFWD&n3 =0001 &n4=N&r 1 =&r2=&r3 =&rZ4/30,./2003 Division of Corporations Page 2 of 2 ROARK, MARY 6894 RAIN LILY RD #102 VPTR NAPLES FL 34109 MAGARRO, CAROLYN 4874 LEAST TERN CT STR NAPLES FL 34119 JACOB, JOHN 1903 FAIRFAZ CIR. T NAPLES FL 34109 Annual Reports Previous Filing 1 Return to List I Next Filing View Events View Name History Document Images Listed below are the images available for this filing. 05/01/2002 ~- COR - ANN REP/UNIFORM BUS REP 4/03/2001 -- ANN REP/UNIFORM BUS REP 05/12/2000 -- Amended/Restated Article/NC 05/08/2000 -- ANN REP/UNIFORM BUS REP 03/22/1999 -- ANNUAL REPORT 03/27/1998 -- ANNUAL REPORT /1997 -- ANNUAL REPORT ;/26/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT JUN 2 2O03 .../cordet.exe?al =DETFIL&n 1 =764800&n2=NAMFWD&n3 =0001 &n4=N&r 1 =&r-=&r>=&r 4/30/2003 CU-2002-AR.3054 Project #2002080055 Date: 1/30/03 Fred Reischl APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address City Naples Vanderbitt Presbyterian Church 1225 Piper Blvd. State Applicant's Telephone # 2 3 9 - 5 9 7 - 5 4 z 0 Name of Agent Not Applicable Agent's Mailing Address No t City N/A NtA Fax # Firm Applicable State N / A Fax # Zip,.34110-1252 239-597-1720 Not Applicable Agent's Telephone # Zip N/A N/A Agent's E-Mail Address: N/A COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEAR/NG FOR CONDITIONAL USE - 02/200u Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Not Applicable City State __ Zip. Name of Homeowner Association: Mailing Address Not Applicable City State __ Zip. Name of Homeowner Association: Mailing Address Not Applicable City State __ Zip Name of Master Association: Mailing Address Not Applicable City State __ Zip Name of Civic Association: Mailing Address Not Applicable City State __ Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Not Applicable Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 nc.,r_~A rrE~ JUN 2 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office See Attached Addendum A Percentage of Stock Non-Profit Corporation If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Not Applicable Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Not Applicable Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Not Applicable Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional par~ individuals or officers, if a corporation, partnership, or trust. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/200Q es, I~ .... . JUN 2 2003 Name and Address Not AEp_~_licable SEE ATTACHED ADDENDUM B for 1225 Piper Blvd. Date subject property acquired (X) leased ( ): Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date June 17, 2002, 1301'Piper Blvd. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed le__g_~ description of the~rtv covered b they_kh_~_~licati°n: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate leeal description for property involved in each district. Applicant shall submit four (J,) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. 1225 Piper Blvd. 1301 Piper Blvd: See attached Legal Section: 24 Township: 48 Range: 25 Lot: Block: 133 Plat Book 1404 Page #: 2241 Subdivision: Property I.D.#: 00165400105 Metes & Bounds Description: Please see attached leo_al 1301 Piper Blvd. Size of property: 90 ft. X 147 t5. = Total Sq. Ft. _13,230_ Acres 2.24 Address/general location of subiect property: 1. 1225~er Blvd. ~FL 34110-1252 2.1301Pi~lvd Na~4110 ~Adjacent zoning and land use: Zoning Land use N Re:~idential Piper Blvd. & Immokalee Rd. Residential S E Professional Office (1225 Piper Blvd.) Vanderbilt Pres. Church (1301 Piper Blvd.) 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). 1225 Piper Blvd. and 1301 Piper Blvd. are contiguous . Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes 8,: Bounds Description: o 1225 Piper Blvd Type of Conditional Use: 2'his application is requesting conditional use # 2 of the RS$;3 dis~dct for crYPE OF USE) Religious Services and related ministries _. to include DrescnDol . anO child care .5iondav throuch F iday 1301 ~lper Blvd: Chu~ga ous~ne~s ana aaI~lnzstrative actIvitrles . ' Present Use ofthe Property: rxrs~ con~ltlona± use request} 1. Religious Services 2. Residential Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future element): Doesn ' t affect or impact current use APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 JUN 2 2003 2.0 Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catasWophe:l. Traffic enters property from east entrance and exits either of two western exits. Existing parking is more than from adequate for trafiic flow. 2. Driveway from Piper Blvd. Describe the effect the conditional use will have on neighboring prope~ies in relation to noise, glare, economicimpact andodor:12he operation of a preschool will have no impact on neiqhborinq properties in r~gard tM noise, glare, economic impact or odor. Noise will be minimal when children are on the ptaycround. 2. There will be no impact. Describe ~e site's and the proposed use's compatibiliW wi~ a~acent properties and otherprope~ies inthedistfict: This preschool will usa ox4~rSn? .... facilities. Adjacent properties include residential on the 10. east & north & professional offices on the western property boundary. This preschool is compatible with these properties. e. Please provide any additional information which you may feel is relevant to this request.l__._Because the total enrollment will be n m 48 students and the preschool hours will be 7 a.m.-6 p.m., t...raffic will not be affected and conditions should remain normal. 2. The residential property will be used for gatherings: meetings that will not interfere with the current environment of the residential neighbor, as the Church intends to be a good neJ ~hbor-- Deed Restrlcnons: l ne County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictio' s. ~,~t~, ~W.~ Previous land use petitions on the subiect property: To your knowledge, h~ a l:~!!c! 7 ~ hearing been held on this property within the last year? If so, what was the nat~ re ol[J~qa~ it 20 3 hearing? no APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0212000, 11. Additional Submittal requirements. In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). do Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall l:e submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Flor/da Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); 1~. A Traffic Impact Statement (TIS), unless waived at the pre-application mc _APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/200~1 JUN 2 2003 9- A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/200.0_ STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Vanderbilt 1225 Piper Naples, FL Presbyterian Church Blvd ZIP 34110-1252 ADDRESS OF SUBJECT PROPERTY ~F AVAILABLE): 1. 1225 Piper Blvd, Naples, FL 34110-1252 2. 1301 Piper Blvd, Naples, FL 34110 LEGAL DESCRIPTION: Section: 24 Township: Lot: -- Block: 133 PlatBook 1404Page#: 2241 Metes & Bounds Description: Lot 21, Willoughby 4 ~ Range: 25 Subdivision: Property I.D.#: 00165400105 North 147.62 ft o~ S~l~ ~ ~w~ Place, Plat Book 24S6, pg. #2014 nf (GPD capacity). e. SEPTIC SYSTEM TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check app~ble system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM [~j PROVIDE NAME d. PACKAGE TREATMENT PLANT [--] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PR/VATE SYSTEM (%'~ELL) ,.APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/200.1 JUN 2 2003 7. TOTAL POPULATION TO BE SERVED: 4 @ --' 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Not Applicable . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified byaprofession~engineer. Existing facilities to be used. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain -~ shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Existing facilities to be used. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Not Applicable Utility Provision Statement RIM 10/I 7/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 021200.0. JUN 2 2003 RESOLUTION 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "2" (CHURCHES AND HOUSES OF WORSHIP) AND CONDITIONAL USE "4" (CHILDCARE) IN THE "RSF-Y' ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3.2 AND SECTION 2.2.4.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" (churches and houses of worship) and Conditional Use "4" (child care) of Section 2.2.4.3 of the Collier County Land Development Code in an "RSF-Y' zone for churches and houses of worship and child care on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by the Vanderbilt Presbyterian Church, Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "2" and "4" of Section 2.2.4.3 Collier County Land Development Code in the 'RSF-Y' Zoning District for a church and house of worship and child care in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: JUN 2 zt 2003. Exhibit "D" which is attached hereto and incorporated by reterence herein. Bo~d. BE IT FURTHER RESOLVED that this Resolution be recorded in thc minutes of this This Resolution adopted after motion, second and majority vote. Done this _ day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, C~N ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sutiiciency: Matjorie M. Student Assistant County Attorney CU-2002.AR-3054/FR/lo JUN 2 4 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3054 The following facts are found: 1. Section 2.2.4.3.2 and Section 2.2.4.3.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: / Yes k No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes X~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: ¢-/*..0'~ CHAIRMAN: ] )'5,." ... EXHIBIT "l" " JI. Jh] 2't~ 2003 Legal Description Parcel l: The North 1,4.62 feet of the SE ¼ of the SW ¼ of the SW ¼ of Section 24, Township 48 South, Range 25 East, Collier County, Florida. Parcel 2: The North ~ of the SE ¼ of the SW ¼ of the SW ¼ less the North 147.62 feet thereof', of Section 24, Township 48 South, Range 25 East, Collier County, Florida. Parcel 3: The North ~ oft. he South Y2 of the SE ~A of the SW ¼ of the SW ¼ of Section 24, Township ,48 South, Range 25 East, Collier County, Florida. And Lot 21, Willoughby Place, according to the Plel thereof, as recorded in Plat Book 13, Page 14, of the Public Records of Collier County, Florida. C:,,W I N DOWS\Tcn~or'~r---- Exhibit "B" AGENOA JUN 2 2003 RE-SUBMITTAL CU-2003-AR-$054 PROJECT #2002080055 DATE: 3/20/03 FRED RE/SC/IL qxhibit J CU-2002-AR-3054 CONDITIONS 1. The structure located at 1301 Piper Boulevard may be used for meetings, programs, and as offices, subject to building permit review. Such structure shall not be used as a childcare facility. 2. Homeless shelters, as defined by Division 6.3 of the Land Development Code, are prohibited. 3. The subject property shall meet the applicable requirements of Division 2.4 of the Land Development Code prior to the issuance of any building permits for the structure(s) at 1301 Piper Boulevard. 4. The subject property shall meet the requirements for a sidewalk with pedestrian connections as required by Section 3.2.8.3 of the Land Development Code prior to the issuance of any building permits for the structure(s) at 1301 Piper Boulevard. 5. The subject property shall meet the applicable requirements for handicapped parking, pavement marking and traffic-control signage as required by the Land Development Code prior to the issuance of any building permits for the structure(s) at 1301 Piper Boulevard. EXHIBIT "D" JUN 2 ~ 2003 EXECUTIVE SUMMARY PUDZ-2003-AR-3607, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING BARTON AND WENDY MCINTYRE AND JOSEPH MAGDALENER, REQUESTING CHANGES TO THE EXISTING NICAEA ACADEMY PUD ZONING. THE PROPOSED CHANGES TO THE PUD DOCUMENT AND MASTER PLAN WILL ELIMINATE THE USES OF PRIVATE SCHOOL AND ASSISTED LIVING FACILITY AND ALLOW FOR A MAXIMUM OF 580 RESIDENTIAL DWELLING UNITS. THE PROPERTY TO BE CONSIDERED FOR THIS REZONE IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD JUST SOUTH OF THE CRYSTAL LAKE PUD (RV PARK), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 119± ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone a parcel of land from the Nicaea Academy PUD for a school, day care, adult living facilities and a fire station to the Nicaea Academy PUD for a maximum of 580 residential dwelling Units. A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project (78.3 acres) is outside the Residential Density Band. The 580 dwelling units on 119 acres results in a maximum gross density of 4.87 dwelling units per acre. Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion from the currently approved uses. FISCAL IMPACT: Park Impact Fee: $578 $ 335,240 This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: ,~c.,a~,..~ ixra~/~ JUN 2 2003 · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee (single family): · Road Impact Fee (multifamily): · Correctional Facility: · EMS Impact Fee (single family): EMS Impact Fee (multifamily): · Schools (single family): · Schools (multifamily): $181 $ 104,980 $0.15 per square foot under roof $ 174,000 $4,629 per dwelling unit $1,342,410 $3,429 per dwelling unit $ 994,410 $118 per dwelling unit $ 68,440 $14 per dwelling unit $ 4,060 $2 per dwelling unit $ 580 $1,778 per dwelling unit $ 515,620 $827 per dwelling unit $ 239,830 The estimated total amount of impact fees for the proposed rezone is $3,779,570. It should be noted that this estimate is based on 290 2,000 square-foot single-family dwelling units and 290 2,000 square- foot multifamily units being developed. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions. The westerly side of the project has 40.7 acres located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 580 proposed units and resultant density of 4.87 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units 78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwelling units 119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre 119 total acres = 580 dwelling units requested at a density of 4.87 units/acre Based upon the above analysis, staff concludes the proposed uses and density for the si deemed consistent with the Future Land Use Element. t~j ect~ 1'7 JUN 2 2003 ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was submitted and reviewed by County staff and the EAC with the original PUD petition in 2000. No additional environmental impacts are proposed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 19, 2003, after the deadline for the preparation of this Executive Summary. If this petition is unanimously approved by the CCPC and no objections are on the record, it will appear on the Summary Agenda. Otherwise, the Planning Commission recommendation will be presented during the staff presentation. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Nicaea Academy PUD is compatible with surrounding land uses and consistent with the Growth Management Plan. Planning Services staff recommended that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3607 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Executive Summary. JUN 2 2003 pg. ~ PREPARED BY: FREp R~ISCHL, ~PRIN~IPAL PLAN~ DATE REVIEWED BY: CURRENT PLANNING MANAGER DATE APPROVED BY: O E~T L D"AT~E TY DEVELOPMENT 8,: ENVIRONMENTA SERVICES ADMINISTRATOR PUDZ-2003-AR-3607 4 JUN 2 ~ 20~3 REZONE FINDINGS PETITION PUDZ-2003-AR-3607 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the other applicable elements of the Growth Management Plan. e The existing land use pattern; Pro: The parcel is adjacent to residential uses on the north and west. The uses on the abutting property to the south are agricultural (however a rezone petition has been submitted for a portion of the property to the south). The property to the east is also agricultural. Con: Evaluation not applicable. Summary Findings: According to the Growth Management Plan, the proposed rezone is consistent with the existing land Use pattern. e The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The parcel is adjacent to residential and agricultural uses. Con: Evaluation not applicable. Summarv Findings: Analysis of the surrounding uses indicates that the PUD will not create an isolated, unrelated zoning district. JIJN 2 q 2003 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: Since the PUD is consistent with the Growth Management Plan, the district boundaries are logically drawn. .Con: Evaluation not applicable. Summarv Findings: The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The petitioner believes that changing market conditions favor the development of a residential community instead of a school. Con: Evaluation not applicable. Summary Findings: Changing conditions have resulted in the submittal of this amendment. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The parcel is surrounded by existing residential uses, or agricultural lands eligible for rezoning to residential. Con: Evaluation not applicable. Summary Findings: The proposed amendment will not adversely affect living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible svith 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. 2 JUN 2 2003 pg. Pro: Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion from that which is currently approved, or create types of traffic deemed incompatible with surrounding land uses. Con: Evaluation not applicable. Summary Findings: The proposed amendment will not increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. ge Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed land uses will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findines: All projects in Collier County are subject to the development standards of the zoning district in which they are located. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This site is adjacent to other residential uses. Con: Evaluation not applicable. 2003 Summary Findings: An appraisal of estimated future property values resulting fi.om a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: Since the proposed PUD has been found to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property today could be used for an agricultural operation or to construct a smaller number of residential dwelling units. However, the Growth Management Plan permits a request to rezone the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The change is consistent with the Growth Management Plan. Con: Evaluation not applicable. Summary, Findings: Since the proposed PUD complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. AG~r. NOA~,J~/'~ JUN 2 4 2003 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many'similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 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 Findinl~s: While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 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 Findinl~s: The rezoning of this property will eventually result in the creation of a residential development. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. AGENDA ~./~ JUN 2 2003. MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JUNE 3, 2003 PETITION: PUDZ-2003-AR-3607 NICAEA ACADEMY PUD OWNER/AGENT: Agent: Owners: Contract Purchaser: William Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL 34105 Barton and Wendy Mclntyre 2200 Santa Barbara Boulevard Naples, FL 34116 Joseph Magdalener 540 Inlet Drive Marco Island, FL 34145 REQUESTED ACTION: The petitioner wishes to rezone a parcel of land from the Nicaea Academy PUD for a school, day care, adult living facilities and a fire station to the Nicaea Academy PUD for a maximum of' 580 residential dwelling units. GEOGRAPHIC LOCATION: The property is located on the east side of Collier Boulevard approximately one mile south of Immokalee Road. The site consists of approximately 119 acres. ~,C,[t~$ ~ th JUN 2 ~ 2003 'URPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a PUD with a maximum of 580 residential dwelling units uses. The current zoning permits a school, day care, adult living facilities and a fire station. A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project (78.3 acres) is outside the Residential Density Band. The 580 dwelling units on 119 acres results in a maximum gross density of 4.87 dwelling units per acre. The current Nicaea Academy PUD (Ordinance 2000-52) is being repealed in its entirety and the petitioner has reformatted and rewritten the proposed PUD document. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: South: West: The parcel is an undeveloped 119-acre site; zoned Nicaea Academy PUD Recreational vehicle park; zoned Crystal Lake PUD and several parcels along Acremaker Road, some undeveloped, some developed with residential uses; zoned A Undeveloped land; zoned A, in a Rural Fringe Receiving Area Several parcels, some undeveloped, some developed with residential uses; zoned A (Please note, several of these parcels have submitted a rezone petition for the proposed Bristol Pines residential PUD) Collier Boulevard ROW, across which are multi-family residential units; zoned Brittany Bay Apartments PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), and is partially within a residential density band, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. The westerly side of the project has 40.7 acres located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 580 proposed units and resultant density of 4.87 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based ~Aon the following relationships to required criteria: 2 JUN 2 2003- 40.7 acres within the Density Band at 7 dwelling units/acm = 285 dwelling units 78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwelling units 119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre 119 total acres = 580 dwelling units requested at a density of 4.87 units/acre Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey or waiver was not required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE, The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Staff analysis indicates that the PUD is consistent with the Future Land Use Element of the Growth Management Plan. The Transportation Services Department added conditions to bring the PUD up to current standards. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was submitted and reviewed by County staff and the EAC with the original PUD petition in 2000. PLANNING SERVICES STAFF RECOMMENDATION Staff analysis indicates that the proposed Nicaea Academy PUD is compatible with surrounding land uses and consistent with the Growth Management Plan. Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3607 to the Board Commissioners with a recommendation of approval subject to the PUD document attac. Report. of County J UN 2 2003 ~-~REPARED BY: DATE REVIEWED BY: sus CURRENT PLANNING MANAGER / DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition PUDZ-2003-AR-3607 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/currentt'reischl/PUD/nicaea/staffreport/PUDZ.2003 .AR.3607 4 JU~q 2 4 2003 Division of Corporations Page 1 of 2 Florida Profit NICAEA ACADEMY, INC. PRINCIPAL ADDRESS 2200 SANTA BARBARA BLVD NAPLES FL 34116 US Changed 04/23/1997 MAILING ADDRESS 6071 COPPER LEAF LN NAPLES FL 34116 US Changed 01/23/2002 Document Number FEI Number Date Filed P95000035610 650583996 05/01/1995 State Status Effective Date FL ACTIVE NONE Registered Agent Name & Address MCINTYRE. WENDY L. 6071 COPPER LEAF LANE NAPLES FL 34116 Name Changed: 05/06/I 998 Address Changed: 06/09/1999 Officer/Director Detail Name & Address MCINTYRE, BARTON REV 6071 COPPER LEAF LN NAPLES FL 34116 MCINTYRE, WENDY L. 6071 COPPER LEAF LN NAPLES FL 34116 Title D D 2003 .-/cordet.exe?a 1 =DETFIL&n 1 =P95000035610&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=&~6/3/2003 Division of Corporations Page 2 of 2 Annual Reports PreViOUs Filin~ !i: =,:l ~,Keturn to List ~;~ No Events No Name History Information Document Images Listed below are the images available for this filing. 01/18/2001 -- ANN REP/UNIFORM BUg REp 0 l___/l 4/2000 --ANN REP/UNIFORM BUS REp D6/09/1999 -- ANNUAL REPORT 05/06/1998 -- ANNUAL REPORT 0__4/23~/1997 -- ANNUAL~RF_.PORT )RT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .../cordet.exe?a 1 =DETFIL&n 1 =P95000035610&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=& 6/3/2003 JUN 2 zl 2003 p,dS Details Page 1 of 1 Folio No.lJ 00192960003 Current Ownership II Property Addressll .O SITE ADDRESS Owner NameJl MClNTYRE, BARTON=& WENDY L AddresseslJ 6071 COPPER LEAF LN c~ll NAPLES I[ LegalJl 26 48 26 S1/2 OF S1/2 OF I1'61/2, LESS RNV, OR 1359 PG Jl 943 StateJl FL Section II 26 II Township II Range Il Acres II Map No. 48 I[ 26 II 117.73II 3B26 VACANT RESIDENTIAL Strap No. ~482626 017.0003B26I 2002 Final Tax Roll Values Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $1,657,098.00 $ 0.00 $1,657,098.00 $ 0.00 $1,657,098.00 $ 0.00 $1,657,098.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Oate II Book-Page I[ Amount 09 / 2000 If2725- 3390 II $1,71o,ooo.oo] 06 / 1972 II536- 80 ff $175,5oo.oO] The Information is Updated Weekly. JUN 2/t 2O03 Pr../(~ http://www.collierappraiser, com/RecordDetail.asp?FolioiD=0000000192960003 6/3/2003 AFFIDAVIT .We,~ & Wandv L. MnTn~-vr~ being first duly swom, dc and ~y ~r we am ~e o~em of ~ Lro~m, de~ri~-~ ,:L ....... ~ thc pro~ ~ing; t~t aU r ~.,~ ~u u~m aha ~ca ~s ~c s~ject ma~ of the ~w~s to ~ questions b~ this applicaion, ~d all sk~che~ daa, ~ o~ ~plem~ta~ mawr a~ched Io ~d made a p~ of~is a~li~io~ a~ hone~ ~d ~e to ~e ~st ofo~ ~owledge ~d belief. We ~r~d ~is ~pl~ion mu~ be compi~M ~d ~c~ate befo~ a ~ng ~ ~ advmised. We ~ ~it ~n En~n~ng ~. and H~ver Pl~ning & Dev., Inc. ~ ~t ~ o~ ~en~ves ~ ~y maaers r~g ~s Pelion. ~enay ~ McIn:yre Barton McInt/re State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this 9,91o is {~7~rsonal}y kno~--"~lo me or who has produced As identification and who did (did not) take an oath. NOTARY PI3~l~'[~ PUD/DO Application 3/2002-McIntyre PUDZ-2003-AR-36t PROJECT 11200107 DATE: 1/23/03 FRED REISCHL JUN 2 q 2003 _, AFFIDAVIT ~ 2T-.. -~-o ~' e a ~x /n~/c4 o d'~ [ e ~ e v' being first duly sworn, depose and say that we atee the contracted purcl~ser fbr a portion of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a'part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit Davidson Engineering, Inc. and Hoover Planning & Dev., Inc. to act as our representatives in any matters regarding this Petition. ' a~~e of Contracted Purchaser Signature of Contracted Purchaser State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this Who is personally known to me or who has produced As identification and who did (~take an oath./q (glgfl~xrr~ of Notary Phbl~) ' NOTARY PUBLIC ' - - PUD/DO Application 3/2002 - Arno JUN 2 2003 PUDZ-2003-A PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL PUDZ.2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL PETITION NAME: Nicaea Academy PUD DATE: January 3, 2003 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES I. A. Name of Applicant (s) Barton and Wendy Mclntyre Applicant's Mailing Address 2200 Santa Barbara Boulevard City Naples, StatdZlorida Applicant's Telephone Number Bus.: (239)455-9090 Name of Applicant (s) Joseph Magdalener Applicant's Mailing Address 540 Inlet Drive City Marco Island, State Florida Applicant's Telephone Number Bus.: (239) 641 1610 Is the applicant the owner of the subject property? [] Yes [] (a) [] (b) Fax#: Zip. 34116 Zip.34145 Fax#: [-lSo if applicant is a land trust, so indicate and name beneficiaries below. if applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. [] (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. [] (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. [] (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. [] (0 if applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page.) Name of Agent William Hoover, AICP Firm Hoover Planning & Dev., Inc. Agents Mailing Address 3785 Airport Road North, Suite B-1 City Naples State Florida Zip 34105 Agent's E-Mail Address: bill~hooverplanning.com Telephone Numbers: Res.: Bus. 239-403-8899 Fax#: 239-403-9009 JUN 2 2003 PUD ORDINANCE NAME AND NUMBER: Nicaea Academy PUD 2000-52 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of the survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 26 TOWNSHIP 48 South RANGE 26 East The subject property being 119+/- acres, and is fully described as the South 1/2 of the South !/2 of the South 1/2 less the west 100 feet thereof; and the South !/2 of the North 1/2 of the South I/2 of the South 1/2 less the west I00 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County Florida. 5. Address or location of subject property The subject property is located on the eastern side of Collier Boulevard just south of the Crystal Lake PUD. Does property owner own contiguous property to the subject property? if so, give complete legal description of entire contiguous property, (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: PUD Document Language Amendment PUD Master Plan Amendment [] C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [] Yes []No if no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No ' PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD'BEEN['-] SOLD and/or [] DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? []Yes []No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). J'JN 2 20,33 AFFIDAVIT We, Nicaea Academy being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier County BCC The foregoing Application was acknowledged before me this 3rd Day of January .200.3 .by William L. Hoover, AICP Who is personally known to me or who has produced As identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC PUD/DO Application 3/2002 JUN 2 2O03 I ORDINANCE NO. 2000-52 AN ORDINANCE AMENDING ORDINANCE NUMBER. 9~-102 ~o~h~~'~ THE COLLIER COUNTY LA.ND DEVELOPMENT CODE WHICH INCLUDES THE COMPI~HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED A. REA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER g626S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE AND "A-ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY LOCATED AT COLLIER BOULEVARD (C.R. 951) ON THE NORTHEAST CORNER OF TREE FARM ROAD AND COLLIER BOULEVARD (C.R. 951) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1194- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing Barlon and Wendy McIntyre, petitioned the Board of County Commissioners to change thc zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Com~!on~ Collier County, Florida, that: ~;~ '. .~ ~-~ '~'"' i'"/1 ~ECTION ONE: ~'~:~::,'-"~ The zoning clazsificafion of the herein described real property located in~tiow26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "A-ST" to "PUD" Planned Unit Development in accordance with thc Niccaca PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8626S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. PUDZ-2003-AR-3607 PROJECT #2001070025 DATE: 1/23/03 FRED REISCHL JUN 2 2003. ~ECTION TWO: This Ordinance shall bec. omc effective upon filing with thc Dcpartmcnt of Statc. PASSED AND DULY ADOPTED by the Board of Couaty Commissioners of Collier County, Florida, this [ ~' . day of az'jo[lc M. Studc~t Assistant Count), Attorney ~ ,2000. BOARD OF COUNTY COIVIMISSIONERS COLLIER~A -2- 2003. [ NICAEA ACADEMY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERN/NG A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Pre/oared For: Barton & Wendy Mclntyre 2200 Santa Barbara Boulevard Naples, FL 34I 16 Prepared By: PMS, Inc. of Naples 2335 Tamiami Trail; Suite 408 Naples, Florida 34103 941 / 435-9080 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE August 1. 2000 2000-52 05-16-00 ; EXHIBIT "A" JUN 2 ~ 2003 ~ ~'~,,, TABLE OF CONTENTS SECTION TABLE OF CONTENTS PAGE ii I II III IV V VI VII VIII IX X XI STATEMENT OF COMPLIANCE ................................................ 1 PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE ................................................................................... 2 STATEMENT OF INTENT AND PROJECT DESCRIPTION ....... 3 PROJECT DEVELOPMENT REQUIREMENTS .......................... 4.1-4.5 RESIDENTIAL PERMITTED USES & DIMENSIONAL STANDARDS. $. 1-$.2 COMMUNITY FACILITY PERMITTED USES .............................. 6.1-6.3 PRESERVE DISTRICT ..................................................................... 7 ENVIRONMENTAL STANDARDS ................................................ 8.1-8.2 TRANSPORTATION STANDARDS ................................................ 9 UTILITIES AND ENGINEERING REQUIREMENTS .................... I 0' WATER MANAGEMENT REQUIREMENTS ................................ 11 LIST OF EXHIBITS .4ND T,4BLE$ EXHIBIT "A" - PUD MASTER PLAN TABLE I - LAND USE SUMMARY ................................................ 4.2 TABLE II - SUMMARY OF DEVELOPMENT STANDARDS ..... 6.3 ii JUN 2 2003- SECTION I STATEMENT OF COMPLIANCE The development of approximately i 19 acres of'property in Collier County, as a Planned Unit Development to be known as Nicaea Academy will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The proposed Development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the Growth Management Plan for the following reasons: 1.1 The subject property is located within the Urban Residential Land Use designation as identified in the Collier County Land Use Map. Objective I requires new or revised uses of land to be consistent with the designations outlined on the Future Land Use Map. Policy 5.1 requires the rezoning to be consistent with the Collier County Growth Management Plan. Policy 5.2 requires proposed developments to be reviewed for compliance with the comprehensive plan. All these plan objectives and policies require the proposed rezoning to be located in the appropriate land use category and assessed for comprehensive plan consistency. 1.2 1.3 The Urban Residential Sub-district designation is intended to provide for higher residential densities in areas with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The designation can also allow marinas, yacht clubs and related accessory and recreational uses that include boat storage, launching facilities, fueling activities, restaurants and health clubs. The Urban Residential designation includes both residential and nonresidential land uses and would appropriately include the community facilities type of development. The total acreage of the Nicaea Academy PUD is 119+/- acres. The maximum number of dwelling units is ten (10) on a three- (3) acre tract, which results in a maximum density of approximately 3.33 units per acre. The project density of 3.33 dwelling units per acre is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) which allows 4.0 units per acre as a base density. The remaining Development will primarily consist of a private religious school, education facilities, church and recreation facilities, day care, adult living facilities, and a fire station, therefore since community facilities are permitted uses in the Urban Residential area they are determined to be consistent with the Collier County Growth Management Plan. 1.4 The Project shall be in compliance with all applicable county regulations, including the Growth Management Plan. 1.5 1.6 The Project will be served by a full range of services and utilities provided by the County. The Project will be compatible and complimentary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the proposed development standards contained herein. 1.1 ~.c,~ W-t:~ FL .IUN 2 2003- 1.7 1.8 The Planned Unit Development includes open spaces, natural features and a lake, which will serve to enhance the Project and improve its compatibility to surrounding properties and land uses. All final local development orders for this Project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1.2 AC..~=.~A JUN 2 q 2003 2.1 2.2 2.3 2.4 2.5 PURPOSE, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND SHORT TITLE PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Nicaea Academy. LEGAL DESCRIPTION The subject property being: A tract or parcel of land situated in the State of Florida, County of Collier, lying in Section 26, Township 48 South, Range 26 East, and being further bound and described as follows: The South ½ of the South ½ of the South ½ less the west I00' Thereofi and the south ½ ofthe north ½ of the south ½ of the south ½, less the west 100' Thereof: all in section 26 township 48 south, range 26 east, Collier County, Florida, OR 1359 PAGE 243 The parcel contains 119 acres, more or less. PROPERTY OWNERSHIP The subject property is under unified control through contracts for purchase. The purchasers are Barton and Wendy MeIntyre hereafter called "Applicant or Developer". GENERAL DESCRIPTION OF PROPERTY AREA Ao The Project site is located within Section 26, Township 48 S, Range 26 E,' Collier County. The parcel of approximately 119 acres is located on CR. 951, south of Crystal Lake Resort, on the northeast comer of Tree Farm Road.. The zoning classification of the subject property is A/Agriculture and A- ST/Agriculture with a special treatment overlay. SHORT TITLE This Ordinance shall be Development Ordinance". known and cited as "Nicaea Academy Planned Unit 2.1 JUN 2 2003 ~r~. 1 II~IN ill STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 3.4 INTRODUCTION ' It is the Developer's intent to establish a Planned Unit Development meeting the requirements of the Collier County Land Development Code (LDC). PROJECT DESCRIPTION The project is comprised of 119+ acres. Access to the site is provided from Collier Boulevard (CR. 951) via Tree Farm. The Project will provide a selected range of facilities which will be school, day care, adult living facilities, recreational facilities, classrooms, a single family detached residence and a fire station which will be complimentary to the principal uses oft,he site. PLAN APPROVAL The location ofthe land uses is shown on the PUD Conceptual Master Plan. Changes and variations in building location shall be permitted via Site Development Plan (SDP) approval in accordance with Division 3.3 of the Land Development Code. Changes and variations in building tracts may be permitted during Site Development Plan approval if at the discretion of the Development Services Manager, or his designee, so long as such changes and variations are in conformance with the substantive and procedural requirements of the Collier County Land Development Code. LAND USE PLAN AND PROJECT PHASING The phasing schedule and development intensities are approximate and are based on the best information availability of need and funding. Future development includes a school, classrooms, adult living faeilities, a single family detached residence, children's care center, recreational facilities, cable tower and a fire station. 3.1 A~A ITE:M ~L. ! JUN 2003. J · 4.1 4.3 4.2 SECTION IV PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. .GENERAL Regulations for development of Nicaea Academy shall be in accordance with the contents of this Document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Be Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time ofbuilding permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Nicaea Academy shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, 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 the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. SITE CLEARING AND DRAINAGE Clearing grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this Document in effect at the time of construction plan approval. .Jun 2 2003. 4.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including the use of land for the acreage noted, is illustrated graphically by Exhibit "A", PUD Master Plan. NICAEA ACADEMY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE Maximum Size/Units ACRES Community Facility "Parcel F' Adult Living Facility (FAR 0.45) 5.3+/- School 600 Students 39.2+/- Preserve N/A 72.0+/- Residentia! "Parcel II" Residential 10 3.0+/- Open Space (~ 60% of site including Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) Bo This acreage includes open space or recreational areas that may be located within the residential acreage. Table I is a schedule of the intended land uses, with the approximate acreage of the total Project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exhibits supporting this Project .shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project's development, as set forth in this document. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. 4.2 4.5 RELATED PROJECT PLaN ApPROVAL REQUIREMENTS Prior to the recording of a Record Plat for all or part of the PUD, final plans of ali required imp'rovernents shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Be Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of' property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of ail platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Except as provided herein, the design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. Fo The development of any tract or parcel approved ['or mixed use development contemplating fee simple ownership of' land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code (LDC) prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 4.3 JUN 2 2003 4.6 4.7 4.8 4.9 4.10 PROVISION FOR OFF-SITE 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 after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code (LDC), whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. DEVELOPMENT SCHEDULE The Applicant estimates completion of improvements to the property should occur by January 2010. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OW'NE~ FOR COMMON AREA. MAINTENANCE Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest of all of thc subsequent purchasers of property within said Development in which the common interest is located, that Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. OPEN SPACE REQUIREMENTS A combination of thc lakes, landscape buffers and open space shall meet thc 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the Land Development Code. Open space shall include all pervious green space within development parcels and lots. 4.4 D JUN 2 2003 4.1l 4.12 Common area maintenance, including the maintenance of common faeilitiea, open spaces and water management facilities shall be the responsibility of the Developer, their successors or assigns. EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall bo granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development approvals. HISTORICAL/ARCHAEOLOGICAL IMPA ,C~. Pursuant to Section 2.2.25.8.1 of thc Land Development Code, if, during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contax:ted. 4.5 AC~.hlOA IT~E~ JUN 2 2O03 5.1 5.2 5.3 PURPOSE SECTION V RESIDENTIAL PERMITTED USES AND DIMENSIONAL STANDARDS The purpose of this Section is to identify permitted uses and development standards for Residential Tracts with the Nicaea Academy PUD and designated on Exhibit "A', PUD Master Plan. GENERAL DESCRIPTION Development areas as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential services and accessory uses. Actual acreage of all development areas will be provided at the lime of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article3, Division 3.3 and Division 3.2 respectively, of the Collier County Land Development Code. All development areas are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities, and other similar uses. PERMI'ITED USES AND STRUCTURES No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following uses: A. principal Uses Be A single family detached residence A single family attached residence Any other use which is comparable in nature with the foregoing us.es and which the Development Services Director determines to be compatible. Accesso _fy Uses Landscape features including but not limited to landscape buffers, berms, fences and architecturally designed walls. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 3. Water management facilities and related structures. Any other use which is comparable in nature with thc foregoing uses and which the Development Services Director determines to be compatible. 5.1 JUN 2 ti 2003 5.4 5.5 C. Parking Requirements Development of parking areas shall comply with Division 2.3., Off-Street Parking and Loading, of the Land Development Code in effect at the time of.building permit application. D. Acqessory $1ructure-~ Accessory structures shall tm constructed simultaneously with or following the construction of the pdncipal structure(s) except for temporary construction site offices. Lighting shall be located so that no light is aimed directly toward · an off-site property used for residential purposes, which is located within two hundred (200) feet of the light source. LAKE SETBACKS AND EXCAVATIONS The required setback to external property lines shall be thirty (30') feet if fenced. The required setback to any property line, tract line or structure internal to the development or to any structure shall be zero (09 feet. Lakes may be excavated as development excavations to a maximum depth of twenty (20') feet. EXCAVATION AND VEGETATION REMOVAl. ho Improvement of thc property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and we/fare where clearing, grading and filling plans have been submitted and approved meeting the standards of Sect/on 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. 5.2 JUN 2 i 2003- ...... SECTION VI COMMUNITY FACILITIES PERMITTED USES AND DIMENSIONAL STANDARDS 6.1 6.2 PURPOSE The District is intended to implement the Future Land Use Element of the Growth Management Plan by permitting nonresidential land uses as generally identified in the Urban Designation of the Future Land Use Element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. This zoning district is limited to properties within the Urban Mixed Use Land Use Designation as identified on the Future Land Use Map. .PERMrlTED USES AND STRUCTUR. E8 No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following uses: A. 2. 3. 4. 5. 6. 7. 9. 10. Il. 12. 13. Private school, academies, nursery school, high schools Adult living facility Child day care, group day care, preschools, Churches and house of worship. Civic and cultural facilities Museums. Parks and playgrounds, noncommen:ial recreation facilities, open space USES. Social and fraternal organizations. Educational services. Fire station, fire department, fire prevention offices and fire marshal's offices Emergency medical services. Open space and preserve area Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 6.1 JUN 2 2003 !. Uses accessory to Permitted USes. that arc accessory and the CF Dis~, in. cidcnta! to Accessory u.ses and structures thc Uses perm~tt,~ __ ~. . DeVelopment'~_a_s ~_t exists in · casotthedateof.~,~.j'_.~__ c.'o~i_er County ~ '~,~uovai Otth/s PUD. Land 1. Development of' Parking areas shall COmply With Division 2.3., Off-Street Parking and Loading, of the Land Development effect at the time of building permit application. Code in Accessory structures shall following the Construction be COnstructed simultaneously or temporary of the principal structure(s) With COnstruction site offices, except for Lighting shall be located so that no light is an off-site within property Used aimed directly for residential tOWard two hundred (200) feet of the lighPtUrp°ses, Which is located source. 6.2 TABLE 11 DEVELOPMENT STANDARDS FOR MIXED USE RESIDENTIAL COMMUNITY FACILITY Single Family single Family Adult SchoolfDaycare Fire Statla Attached Detached Living Facility EMS Category 1 ' ' ~- 3 4 ' 5 Miuimum Lot rta 7,000 SiO .... 7,06b S.F 87,120 SF 43,560 SF 10,000 S~ Minimum Lot Width 70 70 2C~0 l O0 80 Front Yard 20 20 20 20 25 Front Yard forSkte l0 10 10 " 10 10 Entry Garage Side Yard 7.5 7.5 15 20 15 Rear Yard Prlndpal 20 20 20 20 15 Rear Ya rd Accessory I 0 I 0 10 10 10 Maximum Building 35 "35 35 35 30 I lelght 'Distance Between N/A N/A 15 20 25 Principal Structures Floor Area Min. 1,200 SF ! ,200 SF 5,000 SF~ 2,000 SF 1000 SF .NOTE~: B._O.H: Building Height: Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: Sum of Building Heighl: Combined bdlht of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. Walls and similar structures shall have a setback of live (5) feet along the Development's baunduries along public right-of-way and n setbaeh of two {2) feet along the other perimeter Iree! boundary where not nbitling Internal development tracts and a maximum hehght of 12 feet as measured from the lowest ecnterline grade of the nearest public or private right-of-way or casement. * The Adult Living Facility (ALF) shill not exceed n FIo~r Area Ratio (FAR} of 0.45 as provided for In Section 2.6.26.2.1 of the Collier County Land Development Code. 6.3 JUN 2 2003 7.1 7.2 7.3 SECTION VII PRESERVE DISTR/CT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas w/thin Nicaea Academy designated on Exhibit '%,,, PUD Master Plan as Preserve. --GENERAL DESCRIPTIOI~_~ Areas designated as Preserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The pr/mary purpose of the Preserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wet/and systems, and to provide an open space amenity for the enjoyment of Nicaea Academy patrons and tenants. PERM/TFED SES AND STRUCTURES No building or structure, or part thereof, shall be ~rected, altered or used, or land or water Used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: Passive recreational areas, boardwalks, and recreational shelters. Nature trails, excluding asphalt paved surfaces. Water management structures. Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve District. 7.1 JUN 2 2003 SECTION VIII ENVIRONMENT~ STANDARDS 8.1 PURPOSE. The purpose of this Section is to set forth the environmental commitments of the Developer. Ao Environmental permitting shall bo in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. The Petitioner shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. Co An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on thc conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within conservation/preservation areas. 8.1 SECTION IX TRANSPORTATION REQUIREMENTS 9.1 PURPOSE 9.2 9.3 9.4 9.5 9.6 9.7 The purpose of this Section is to set forth the transportation commitments of the Developer. The Developer shall provide arterial street lighting at the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. Internal access improvements shall not be subject to impact fee credits and shall be in place before any Certificate~ of Occupancy are issued. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.074:5, Florida Statutes. All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy, as amended. Median access and control shall remain under County control unless established via a right-of- way agreement between the Board of County Commissioners and the Developer. In the event that Tree Farm Road (a private road) is used for access to the site, this road and bridge crossing shall be improved to County Standards up to the project's entrance points. The final access location points shall be approved at the time of Site Development Plan submittal. At this time, the Developer shall provide evidence that they can utilize Tree Farm Road for project access pending title search ownership results. Work within the Collier County right-of-way shall meet the requirements of Col'lier County Right-of-Way Ordinance No. 93-64. 9.1 2003 10.1 10.2 SECTION X UTILITIES AND ENGINEERING REQUIREMENTS PURPOSE The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. pURPOSE Water distribution, sewage collection and 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. All customers connecting to the water distribution and 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. 10.3 _ENGINEERING Bo Co Do Detailed paving, grading, site dra/nage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. The Developer and it's successors and assigns shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site Prior to Final Site Development Plan approval a right-of-way permit shall be obtained, if required. 10.1 JUN 2 Z0O3 11.1 SECTION XI WATER MANAGEMENT REQUIREMENTS PURPOSE A. The purpose of this Section is to set forth the stipulations which shall be accommodated by the Project Developer. for water management, 1. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with thc submitted plans is granted by the Development Sa'vices Department. 2. Dexign and construction ofali improvements shall be subject to compliance w/th the appropriate provisions of the Collier County Land Development Code. A surface water management permit must be obtained from thc South Florida Water Management D/strict. No clearing or excavation is allowed u~til proper vegetation removal and excavation permits are obtained. ll.l JUN 2 ~ 2003 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-52 Which was adopted by the Board of County Commissioners'on the 1st day of August, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2000. · .' , :%;~'~': .: . .. DWIGHT E. BROCK -' < ~ ..... '.':. 'o Clerk of Courts and .Clerk Ex-officio to B~a~'of. County Commis s io~'~s ' By: Karen Schoch,, ..:' '.....' Deputy Clerk ' ' ........ ~" ." JUN 2 2003 PUDz-2003-AR_360 7 PROJECT/:12001070025 DATE: 1/23/03 FRED REISCHL NICAEA ACADEMY SEC 26, TWP 48S, RNG 26E COLLAR COUNTY, FLORIDA ENVIRONMENTAL IMPACT STATEMENT November 1999 PREPARED BY: pUD00-0B TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 JUN 2 zt 2OO3. 3.8.5.1 3.8.5.2 ~Alaolicant Information: NICAEA ACADEMY Environmental Impact Statement November 1999 -~~ eat Who wrote EIS and bls education and 'ob related environmental ex~ Timothy C. Hall Wildlife Ecology, University of Florida MS, University of Florida 10 years environmental field experience .,Owner's name and address Barton and Wendy Mclnlyre 2200 Santa Barbara Blvd. Naples, FL 34116 3. ~Affidavit ofproofofauthorized aeent. Please reference submittal from Project Management Services. Develo ment and Site Alteration Information: I. ~Description of proposed land use~ The owner proposes to construct an educational facility with an assisted living facility and residences for personnel associated with the project. The project as proposed will impact approximately 44 of l19 acres of the site. Wetland impacts amount to approximately 22 acres. 2. ~Le~al Description ofsite Please see the survey of the project site included in the submittal from Project ~[anagement Services. o L~ocation and address descript/on~.. The property is located in Section 26, Township 48 South. Range 26 East. Collier County. Florida. Please see the attached location map. 3.8.5.3 M~appin~ and Support Graphic~-.- 1. NICAEA ACADEMY Environmental Impact Statement November 1999 _General Location Map_ _ See attached location map. Aerial bott ofsite with boundaries delineated. Please see the enclosed county aerial. Toooi~raphic map showing, upland contours Please see the enclosed copy of the USGS Quad map with the property limits delineated. e Existin land use of site and surroundin area. Currently the subject parce/ is undeveloped. The project is bordered to the south by Tree Farm ~ with several nursery operations, to the we~st by County Road 951, the north by Crystal lakes development and the east by an undeveloped parce/. Please see the enclosed soils map derived from the USD,4 Soil Survey of Collier County, Florida, 1998. ,4 drainage plan has not yet been completed as the project is still in the conceptual phase. All drainage and storm waters will be collected and diverted into the on-site lakes for detention and pre-treatment prior to release into the existing on-site wetlands. Please refer to the Vanesse and Daylor conceptual site plans for the lake locations. Deveio men/ lan includin hasin ro ram service area of existino and ro sed ublic facilities and existin and ro sed/rahs rtation network in Please reference the conceptual site plan from Vanesse and Daylor. AGENDA IT'EM/,~ JUN 2 2003 pg._, ~'~_~' $.8.5.4~ 3.8.5.4.1 ~ 1. NICAEA ACADEMY Environmental Impact Statement November i 999 o bo Chan es/n level ofair ilutants as defined b current r ulations. Short term elevation of air pollutants will be generated during the construction phase of the development by the emissions of the construction equipment. Dust levels could be elevated during construction from earthmoving activities. Smoke from open burning of debris, if this is performed, could also be generated on the site. [ of eole that wil/be affected b air Ilution resulti from the It is not anticipated that anyone will be directly affected by air pollution generated from this project. Procedures that wil/be used to reduce adverse itn acts of air oilution. Open burning, if considered, will be dependent upon daily issuance of a burning permit from the Golden Gate Fire Control District,. wind direction and moisture levels (dampness) are taken into consideration prior to issuance of a burning permit. Water will be sprayed onto the construction roads to minimize the amount of dust that may be stirred up by wind and construction equipment. ao _tvoes of water --AI/Ufion as defined b current Water quality is not expected to be degraded as a result of this project. A water management plan for the development has not yet been completed. however, storrrtwater runoff from the site will be collected in a series of catch basins or swales and directed into the lakes for detention and treatment before being allowed to pass into the existing on-site wetland. Road drainaoe. All waters from imperviotts surJbces (i. e. roads attd parking areas) will be collected and directed into the lake for water quality ~sIorc JUN 2 NICAEA ACADEMY Environmental Impact Statement November 1999 be do Sheet flow. Sheet flow originating from impervious surfaces or landscaped areas will be routed into the lakes for storage and water quality purposes. Sheet flow from the preserve area and from off site 'will be directed around the development area into the local drainage pattern. Rear lot line/building site drainm!e. Building areas that are located adjacent to lakes or mitigation/preserve areas will be graded such that the back portion will sheet flow across pervious ground into the lakes or preserve areas. Interconnecfion of the water management system will occur as follows: Interconnection will occur through a series of catch basins, pipes, and/or swales and will terminate in the on-site lakes. Inventory of water uses that are restricted or precluded because of ~ollufion levels resulting from this proiect. None are expected. Person affected by water pollution resulting from the proiect. The project is not expected to generate water pollution in contradiction to state standards. Proiect designs and actions that will reduce adverse impacts of water pollution. The project will incorporate standard South Florida Water Management District water quality control features to detain and pre-treat stormwater runoff. Wetlands will be protected from direct stormwater runoff through design of the on-site water management system. Physiography and geololD' a. A description of soil types found in the proiect area. Please reference the enclosed soils map and descriptions. 4 JUN 2 ~ ZOO3 NICAEA ACADEMy Environmental Impact Statement November 1999 A~reai extent of proposed topo~c~pbic modification throuE~ According to the conceptual plan, 44.20 acres of the 119. 47 acre site will be cleared or topographically modified in some manner with 7?.27 acres (63%) of preserve and buffer area proposed This far exceeds the requirements put forth by the Collier County Land Development Code. Removal and/or disturbance of natural barriers to storm waves and Not applicable. do Modifications to natural draina e atterns. The road and canal to the east, the road to the south, and the development to the north of the project have already altered the natural drainage pattern of this site. No added alteration is expected. The stormwater and site drainage plan will be designed to maintain a stable hydrologic regime for the proposed preserve areas. eo ous surface and rcent of oundwater recha e area to be covered. The aerial extent of impervious surface for the project cannot yet be calculated as the site plan is still in the conceptual stages. Once a detailed site plan has been produced, this figure can be provided. Note that according to the conceptual site plan 63% of the parcel will remain in the natural condition. go Annual drawdown of roundwater level resultin from use. Iffeasible, irrigation requirements will be met through the use of reclaimed water f~om the county wastewater treatment plants. If for technical or supply reasons this is not possible an alternate source will have to be considered. Drawdown potential will be calculated in the event this becomes necessary and irrigation water is drawn from on or off-site well sources. al water bodies resultim, from the ro osed No siltation of natural water bodies or wet[ands is anticipated. Stormwater **'ill flow through catch basins, grassed swales, and/or h discharge into wetlands, during which time particulate matter of the water column. Wetlands will be protected during constJ 5 NICAEA ACADEMY Environmental Impact Statement November 1999 fence or hay bale barriers and after construction by a structural buffer. 4. Wetlands. ao Number of acres of Collier County ]urisdictional wetlands by vegetation Woe, vegetation composition~ vegetation abundance~ and their wetland functions. Jurisdictional on-site wetlands consist of 75.57 acres of mixed melaleuca/pine/cypress forests, 1 I. 75 acres of mixed wetland hardwoods, and 6. 72 acres offreshwater marsh. The following list is a brief summary of the major flora within the wetland plant communities. Also noted are any listed species observed on the property. Common Name Scientific Name Stratum Abundance Melaleuca / Pine / Cypress (424, 424/624, 624) Slash pine Cypress Melaleuca Dahoon Holly Wax Myrtle Brazilian Pepper Wixe Grass Saw Grass Swamp Fern Yellow-eyed Grass Hatpins Pinus elliottii Taxodium distichum Melaleuca quinquinervia Ilex cassine Myrica cerifera Schinus terebinthifolius Aristida stricta Cladium jamaicensis Blechnum serrulatum Xyris spp. Eriocaulon spp. C C C C M M G G G G G Dominant Dominant Dominant at times Occasional Common Occasional Common Occasional Occasional Occasional Occasional Melaleuca / Pine / Cypress (424, 424/624. 624) {cont) Bromeliads* Orchids* Tillandsia spp. Epidendrum spp. E E Occasional Rare Mixed Wetland Hardwoods (617) Cypress Red Maple Laurel Oak Popash Swamp Bay Melaleuca Dahoon Holly Wax Myrtle Taxodium distichum Acer rubrum Quercus laurifolia Fraxinus carolinians Persea palustris Melaleuca quinquinervia Ilex cassine Myrica cerifera 6 C C C C C C C M Dominant Occasional Occasional Occasional Occasional Occasional Carolina Willow Brazilian Pepper Saw Grass Royal fern Swamp Fern Yellow-eyed Grass Hatpins Bromeliads* Freshwater Marsh (64 I) Cypress Melaleuca Wax Myrtle Carolina Willow Brazilian Pepper Salt Bush Saw Grass Swamp Fern Yellow-eyed Grass * - Some species protected C = Canopy Salix caroliniana Schinus terebinthifolius Cladium jamaicensis Osmundia regalis Blechnum serrulatum Xyris spp. Eriocaulon spp. Tillandsia spp. NICAEA ACADEMY Environmental Impact Statement November 1999 M M G G G G G E Occasional Occasional Common Rare Occasional Occasional Occasional Occasional Taxodium distichum Melaleuca quinquinervia Myrica cerifera Salix caroliniana $chinus terebinthifolius Atriplex spp. Cladium jamaicensis Blechnum serrulatum Xyris spp. C C M M M M G G G Ram Occasional Common Common Occasional Common Common Occasional Occasional M = Midstory G = Groundcover E = Epiphyte Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological indicators. Seasonal high water elevations were determined by watermarks and lichen lines on various trees. These levels varied between 0 and 8 inches above ground level. These levels have not yet been surveyed for reference to NGVD. Indicate how the project design improves/affects pre-development hydroperiods resulting from the pro[ecL The roads to the east and south, and the development to the north have already altered the natural drainage patterns and hence hydro-period of the on-site wetlands. The proposed project will not adversely affect hydrological regime to an additional extent. Hydro-period will be maintained by run-off water collected in the lakes and detained for water quality purposes. The pre-treated stormwater pass into wetland areas and into the existing local drainage pattern. 7 JUN 2 4 2003 NICAEA ACADEMY Environmental Impact Statement November 1999 Indicate the proposed percent of the defined wetlands to be impacted and the effects of proposed impacts on the functions of the wetland areas. Jurisdictional wetlands comprise 79% (94.04 acres) of the total 119.47 project acres. 21.80 acres or 23% of the on-site wetlands will be impacted and lost through the proposed development of the property. The remaining 77% will be enhanced through removal of the exotic vegetation (mainly Melaleuca). The hydroperiod will be maintained by an on-site control elevation that is slightly higher than the obset;ved seasonal high water indicators within the wetland. Wetland hydrology and wildlife values should be improved by these efforts. e. Indicate how the proiect design minimizes impacts on the wetlands. The project has been designed to avoid wetland impacts wherever possible. The impacts proposed are unavoidable due to the nature of the development and the distribution of the wetlands across the project site. The project bas been laid out along one side of the property to take advantage of the upland areas and to connect those areas with the least amount of wetland impacts. The remaining wetlands are contiguous and will be protected from the development by a structural buffer ('berm or hedge). The preserved wetlands will also be protected from future development by placing them under a conservation easement with the South P'lorida Water Management District. Indicate how the proiect design shah compensate for the wetland impact~ pursuant to the Collier County Growth Management Plan. The existing non-impacted wetlands will be preserved and enhanced through the removal of any exotic or nuisance vegetation (as defined by the Florida Exotic Pest Plant Council). Hydrology of the wetland will be maintained and the connection of this wetland to the existing off-site drainage system will not be affected. The preserved on-site wetlands will be placed under a conservation easement with the South Florida Water Management District. A mitigation and monitoring plan for the preserved wetlands will be developed in coordination with District staff during the Environmental Resource Permit application process. Upland utilization of wildlife and species of special status, ao Number of acres of uplands by vegetative type, vegetative composition~ vegetation abundance~ and their upland functions 17~e upland vegetative communities include 20.81 acres of p, (4119. and 4.62 acres of palmetto prairie (32 I). The following summary of the major flora within each upland plant comrnu 8 tin,. no, l_ .l JUN 2 2003 Pg.,~ NICAEA ACADEMY Environmental Impact Statement November 1999 _Common Name _41 I - Pine Flatwoods .Scientific Nam~ _Stratum Abundance Slash pine Melaleuca Wax Myrtle Brazilian Pepper Saw Palmetto Winged Sumac Rusty Lyonia Wire Grass Bracken Fern Caesar Weed Rabbit Tobacco Mu.~.adin e Grape Greenbriar 3~21 - Palmetto Prairie Pinus elliottii Melaleuca quinquinervia Myrica cerifera $chinu~ terebinthifolius Serenoa repens Rhus copelina Lyonia ferruginea Aristida stricta Meridium aquilinum Urena lobata Pterocaulon pycnostachyum Vitis rotundifolia Smilax spp. C Dominant C Occasional M Common M Occasional M Dominant M Common M Common G Common G Common G Common G Common V Common V Common Slash pine Saw Palmetto Rusty Lyonia Gallberry Muscadine Grape Greenbriar Pinus elliottii Serenoa repens Lyonia ferruginea Ilex glabra Vitis rotundifolia Smilax spp. No listed plant species were observed. C Occasional M Dominant M Common M Common V Common V Common C = Canopy bo M = Midstory G = Groundcover V = Vine Indicate ro sed rcent of defined u lands to be im acted and the effectsof ro sedim acts on the functions of u landareas. Non-jurisdictional areas total 25. 43 acres out of a total 119.4 7 project acres. Approximately 88% (22. 40 acres) of the project site uplands will be directly impacted by the construction activities. Two upland communities in the center of the property will be preserved as support for the surrounding wetland preserve. These areas **'ill remain viable for wildlife utilization. 2003 de Common Name Gopher Tortoise Gopher Frog Indigo Snake White Ibis Wood Stork Red-cockaded Woodpecker Florida Panther Fox Squirrel Florida Black Bear eo NICAEA ACADEMY Environmental Impact Statement November 1999 Indicate how the proiect design minimizes impacts on uplands. Native vegetation will be utilized in the landscaping scheme whenever possible. Upland areas will be preserved and enhanced within the proposed preserve. Provide a plant and animal species sun, ey to include at a minimum~ species ofspecial status that are known to inhabit bioloffical communitie, similar to those existing on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. /1 threatened and endangered species survey was conducted according to Florida Game and Freshwater PT~h Commission guidelines. The survey was conducted over a 20 day period fkom September 14th to October 4~ of 1999. Please reference the attached report for the results of the survey. The following is a short list of state-listed species that are known to inhabit similar communities. Scientific Name Habitat Gopherus polyphemus 411 + 321 Ranacapito 411 +321 Drymarchon corais couperi 411 + 321 Eudocimus albus 621 Mycteria americana 621 Picoides borealis 411 Fells concolor coryi 41 !,621,32 l Sciurus niger 411 Ursus americanus floridanus 411,621,321 Status SSC SSC T SSC E T T SSC T Please see the vegetation lists provided under sections 3.8.5.4.1.4a and 3.8.5.4. l. Sa for any listed plant species observed on the site. Indicate how the project desiffn minimizes impacts on species of special status. Foraging activity will still be possible because of the preserved and enhanced upland and wetland areas proposed. Protected wading bird3 will still have access to forage area created along the lake banks. Clearing out the exotics will open up areas and provide forage as well as nesting habitat for a variety of animals. o JUN 2 2003 3.8.5.4.2 NICAEA ACADEMY Environmental Impact S~atement November 1999 Marine and estuarine resources. Not applicable. 7. .N. oise. Describe chagg~.in decibels and duration ofnoise enerated du' and after the ro'ect both da and ni ht that will exceed~ regulationsi Noise generated by the construction equipment is not expected to exceed Collier County limits. bo Stel~s that will be taken to reduce noise levels during and after th,, project; and No noise will be generated by the project either during or subsequent to construction, that will exceed County, State, or Federal regulations. Noise from construction will be typical of that generated by clearing and excavation activities, and will be limited to normal working hours. laroiect compliance with Federal Aid Hil!hway Program Manual 7-3-3 Not applicable. Public Facilities and Services 1. Wastewater Management ao Describe existing treatment facilities as to capacity, Percent capacity beinll used, type of treatment and degree of treatment Wastewater generated by the project will be directed to the North County Regional Wastewater Plant. The Plant has a maximum capacity of 8 mgd and is currently operating at about 6 mgd. The plant provides primary and secondary treatment. If applicable, describe similar features of proposed new treatmenl facilities. ~Vot applicable. I1 JUN 2003 [ o o NICAEA ACADEMY Environmental Impact Statement November 1999 c. Describe the character and fate of both liquid and solid effluents Effluent will be collected via underground pipes and tied into the existing facilities that run along C.R_ 951. The effluent will be handled by the North County Regional Wastewater Plant. Water Supply. Estimate of average daily potable and non-potable water demands by tho project. A detailed site plan has not yet been developed so the exact size and nature of the facilities has not been determined..ds such, an accurate estimate of water use cannot be made at this time. Estimated use for a facility of this size and nature could be around 60,000 gals/day. Irrigation water will be drawn from the non-potable supply but this amount has not yet been quantified. b. Source of the raw water supply. Potable water for the project will be drawn from the county water system that runs along C.R. 951. co Analysis of on-site treatment systems relative to State and County standards. No on-site treatment systems are anticipated however, if needed, any on-site treatment will adhere to all applicable State and County Standards. Solid Wastes. a. Estimate of average daily volume ofsolid wastes. According to project engineers, the estimated solid waste production from a school with living facilities would be approximately 1.0 ton/day for the project. b. Proposed method ofdisposal of solid wastes. Solid wastes will be disposed of at the Collier Coun~ Land Fill. c. Any plans for recycling or resource recovery. Collection of paper, aluminum cans and glass will be m'ailm A paper collection and reck'cling program will be encourag, 12 JUN 2 2003- NICAEA ACADEMY Environmental Impact Statement November 1999 Recreation and open spaces. a.-' Acreage and facilities demand resultin~ from the new use The facility is not intended to draw new residents to the area but instead to provide a school and assisted living facility to existing residents. As such, it is not expected to place any new demands on County recreational facilities. The access roads to the project (C.R. 951 and $.1(856) are both slated for improvements that will adequately handle the traffic associated with the facility. Proposed sports facilities will add to the available recreational area in the region. b. Amount of public park/recreation land donated by the developer. None is planned however the school may make the sports fields available to the public when 'not in use. Management plans for any open water areas of one-half acre or more within the proiect. The lakes developed within the project will be constructed in accordance with County and South Florida Water Management District criteria. Lake management requirements will include periodic removal of excess vegetation within and around the lake on an as needed basis. Common area and lake management will be the responsibility of the facility. Easements for water management areas will be dedicated to the County or the South Florida Water Management District. d. Plans for recreational development by the developer on dedicated lands. The school may make the sports fields available to the public when not in use. e. Amount of public recreation lands removed from inventory bv the new rise. None. Development and/or blockaRe of access to public beaches and waters. None. 13 JUN 2 2003 NICAEA ACADEMY Environmental lmpac~ Statement November 1999 Aesthetic and Cultural Factors. Provide documentation from the Florida-Master Site File, Florid .Department of State and any printed historic archaeological surveys tha~ have been conducted on the proiect area. - be The Florida Master Site File has been contacted. No archaeological sites are located on the project site. Please see the attached response. Locate any known historic or areh~_eoloRical sites and the relationship _the proposed proiect design._ historic or archaeological sites are located on the project site. Demonstrate how the proiect desiRn preserves the historiedarchaeoloeicai integrity of the site. Not applicable. do Indicate any natural scenic features that m~ht be modified by the pro}ecl desiRn and explain what net-ions shaH be ntill-r~l to preserve aestheti,- values. Designated preserves will be cleared of any nuisance or exotic vegetation. improving aesthetic value of natural areas. At a later date a nature trail could be created to provide access and educational information about the native vegetative communities. e. Provide the basic architectural and landscapinR ,designs ,~rchitectural and landscape designs will be submitted during the review process to Collier County Project Review Services. Monitoring. ao Describe the design and procedures of any proposed monitorinR durin? and after site preparation and development. The South Florida [Vater 3,{anagement District may require a wetland monitoring and maintenance plan for the proposed wetland enhancement activities. T]:e District. during the ERP application process. **'ill assist in the formulation of this plan. 14 ACiEJqDA I'r'lE~ ,,9 JUN 2 2003 Sect~n 3.8.6 SPECIFICS TO ADDRESs 3.8.6.1 General. The statement should s ifical address the fo/Iowin : - 3.8.6.1.1 & 3.8.6.1.2 3.8.6.1.3 3.8.6.1.4 NICAEA ACADEMY Environmental Impact Statement November 1999 Indicate howthe ro sed ro'ect bas incor rated the natura aesthetic mmunum ~m acts ossible to the environmental ua ' of the site and/o -- · ' ' ' r t~e surroundi area which m' ht be affected by the pro~ The subject site was surveyed for the extent of on site wetlands. o/the site was determined to impacts to these wetlands, be jurisdictional, the development tt~bile crpproximately 79% Development is concentrated on ~eotl,..~_. $' where needed toprovide ~'~ort- ,, was designed to minimize tire uplands and only impacts u -steaspecies were fo.--~ - - --t-~, ~ or ancillary activitiex ..... the the suitability of the site for fora rn or · to ,o the Upland development. j~ ~na to oe resident on the property. The development will not alter than the existin r 'gtg transtentpo, ssa e o · · g oadways east andsoulh .r,a .... _ . ge. ~fm. ost wtldlife species a of ,,~projec. t already do. This site was chon~s~f'o~r development in an attempt to minimize impacts in all environmental categories· Provide substantiated alternatives to t . Since the project design minimi_~es envirOnmental impacts and because o the existing roads and utility services no o -site ' f r or services to the site ' ~ tmpacts will be ..... P oximity to · rtecesstratecl to improve access Immediate short-term and Ion -term im acts to the environment. Short-term impacts will include the clearing excavation and filling abases of th- - · . the impacts associated with the removal of the exotic '-' ~ ',~ project anti vegetation from the entire site. Long-term impacts will include; loss of natural wetland and upland areas, a slight increase in traffFc and utility demands made impermeable surfaces such as by the project, and the loss of recharge area to roads and par/cing areas. The roadways and utility services of the surrounding area are all either under improvement or slated for improvement according to the Capital improvement ' element of the Cot~(F Growth Management Plan. For these reasons, the project will not place any undue demands on these facilities. Long-term positive impacts will irtc[ude; the revilali_-ation ora native community b~, removal of exotic vegetation and increased, dedicated forage ]~a3itat for wildlife tbr'ough the preserv'ation and enhat~cement of the wet[and. Other past'tire features of'the project incltale pr.o riding educational facilities for sit,deft . of the cornrnuntQ,, and recreational fact[itthe local area. JUN 2 2003. 3.8.6.1.5 NICAEA ACADEMY Environmental Impact Statement November 1999 Any irreversible and irretrievable commitments of natural resources which would be involved if the proposed action should be implemented. The existing vegetation will be cleared in the permitted areas to accommodate the permitted uses and structures. The development plan will provide for the enhancement of on-site wetlands and the perpetual preservation of this wetland in a viable, exotic-free state. 16 JUN 2 2003 Ar PROJECI"I SITE STATE OF FLORIDA · NAPLESI ! ISLE OF CAPR ISLAND EVERGLADES Cl'l~ COLLIER COUNTY TAMPA NAP KEY WEST ,,, PROJECT (:3 LOCATION MAP I I i g JUN 2 ~ 2003 (2) Holopaw Fine Sand, Limestone Substratum_ This nearly level, poorly drained soil is in sloughs and broad poorly defined drainageways. Individual areas are elongated and irregular in shape and range from 20 to 300 acres. The slope is 0 to percent. · Typically, the surface layer is dark gray fine sand about $ inches thick. The substratum layer is sand to a 'depth fine about 52 inches; the upper part is light gray and the lower partis light brownish gray. The subsoil extends to a depth of~:':<i'~}~i~ about 62 inches; the upper part is dark grayish brown fine and the lower part is dark grayish brown fine sandy loam. · Limestone bedrock is at a depth of abou~ 62 ~nches. In 95 percent of the areas mapped as this so~l, Holopaw and similar soils make up 78 to 97 percent.Riviera soils wl6h '~. characteristics of Malabar, Pineda and of the map unit: The limestone Substratums are similar. Soils of dissimilar characteristics inCluded in this unit small areas of Basinger, Boca and Chobee soils on similar · .- landscapepositions. These soils make up about to percen of the unit. . The permeability of this soil is mode . ~w=a_ter capac.it.y is 1OW. In most ve=~ra.t--e~y el°.w' .The available · = -~, unuer na · · ~= _seasonal high water ta . . ._ _ . ~ural condltlo . ble is wlthl · ns. _.for_3 to 6. months. In other months t~l..z._~l_n_c_n.es_.of the surface ~xn~enneS~ a.n~. recedes to a depth of mo~e [*~a~~-u~r-=a,ole i.s below 12 ~e~ ~ry periods Durin- e ' ~ _ ~u inches ~uring is covered b,- ~~.-'- -~--~ g p .r~oos of high rainfall, the soll "~i to 30 days. = ~.,~u, ~aow~y moving water for periods of about 7 · .~. Natural vegetation consists of scat ~i pine, cypress ca ~ ..... tered south Florida ._- , b~ ~alm s slash '~ sandcord~r ~_~ ~ ..... : awpa_lmetto, waxmyrtle. ~. _, a__, ,-..,,,,:,..,.n.y o~uestem and gulf muhly ' 7:" This soil is poorly suited to cu ' i~.-" .and droughtlness. Wi l_t_lvat.ed ?rope because of w ~..~ l~ ..... :-- th good water-con~ .......... . etness ~ -,m~vzn.~ .m?asures, the soil ~ ,.~,.==~ures_ and Soil ~9 irrigation in dry seasonsns ~a_n_d provide, water through subsur~a°cV~e ~ COver cr . ~uw crops should b · ~t' nr~._ F;Pr~ilizSeereC~anedd ~[meePasr~otul~ ~ehOaUdldde~nClu~er..~et~ndgWol~hthe .. ot the crops according to the · With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Beddin~ the soil prior to p~ provides good surface and internal drainage and elevates trees above the seasonal high water table. A good grass _-o~r ;~ {. crop between the trees helps to protect the soil from bl( ~i ~.~when the trees are younger. · 2 2003. ., bahia~r~%-_~ -=u[ season. It ~=m is needed '~ ~u well suite ~A.__= ~ and clov,~ ~ ~ Well s,,~__ to remove .... d to applic=~'73J~e~ c~ be ~r~',7~nt Pastures i~P~°lasrass, -=~er ~ i:~!. ip~s soil is w~ . · . ~ -'= ~ee~ed for ~U~ ~o~n~t f~_~Ulted for desir~l- - ' "'' :'-". ~ bluejoin~ ~__~ Consists o~ ~,- e ~Se ~1~-~ -- -' "':::~ This so'4~ =- ":' -~w sozl is in PR2"~~u ~nc16~e the hi-~ ..... evere l~m-~--- ~h r~.e _~-.... ~=~a ~ ~ · --~u~ ' . - ~ " -,'~ ...... 4: '.'.'~ Use of lmitat - . S~oul .... . .... ~,..,.~ .,,~¢~9~%~.~ '=- · --~' ~ CO ....... ~ ~tur ..... ~ ~e .... " ..... ?'.~."~.f,~,~..;~t'.~ ~azna rrected e.. Prob Velopme ~.~:.:?~-~: t"-.---ge- Outlets to .... b~Pr°vidin--~- i~mltatio I. the ~ ~ate ~aln ~.~,.:... ~.. 1.th ~?- by resurfa~,~ ,,n c~ be o ~-- ~h. Water tah~ ~ ~ne a e D · - 'i'Ve.- :-'.: ...... '~~ rea. Y add1~ s~,~u- Thzs olopaw soil -- · topsoil ~ 1n c~:-. ~'' '":~.~':,.. -~zty S~class IVw )- JUN 2 2003 -) (10) 01dsmar Fine Sand, Limestone Substratum_ This nearly level poorly drained soil is on the flatwoods. Individual areas are elongated and irregular in shape and range from 10 to 300 acres. The slope is 0 to 2 percent. With good water control management, this soil is well s~ pasture. A water control system is needed to remove ex( during the wet season. It is well suited to pangolagra~ ited to · Typically, the surface layer is dark grayish brown fine Sand he he~ubf~ce l~yer ~s ~ine sand to lower part is light brownish gray. The subsoil is to a~ ; u,,= upper part is ligh~ gray d about 60 inches; the upper part is black fine sand, the ~grayish ~dark part is very dark grayish brown fine sand, and the lowe~ par~'/i~' brown fine sandy loam. Limestone bedrock depth of about 60 inches. In SS percent of areas mapped as this soil, Oldsmar and soils make up 85 to 100 percent of the map unit. The characteristics of Immokalee and Wabasso soils are Soils of dissimilar charaCteristics included in =nxs unxt small areas of Malabar, Pinedaand ~iviera soils on slough landscape positions. These soils make up abo t 0 to per°ent f of the map unit. - The permeability of this soil is slow. The available water capacity is low. In most years, under ~atural conditions, the seasonal high water table is between 6 to 1'8 inches of the surface for 1 to 6 months. In other, months the water table is below 18 inches and recedes to a depth of more than-40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of cabbage palm, south Florida slash pine, sawpalmetto, wax myrtle and chalky bluestem. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. ~ water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A 9ood grass cover crop between the trees helps to protect the soil from blowing when ti are young. .3 appl~,~.ur~e~s ~c_a~___ .D.e.grown with good un~r.e=.~°_f__g.ras=_°r grass-' ° ~- ~er=~&azer and controll~'~_~_~'_".=a;- aegular highest yields. . ~ srazang are needed for '- lndiangrass, ninel=-~ ~=-' age ~_s creepin~ blu-o~-- - i he Sou ............ ntro ...... . ..- .... ,..... because ................... · this s -. AGENOA IT~d~ ..lq -) (16) Oldsmar Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Areas are elongated and irregular in sha~e and range from 20 to 450 acres. The slope is 0 to 2 percent "~ .";-'~-- .... ~... Typically, the surface layer is dark ,abo.u.t 4 i_nches thick. The subsurfaceg~rayish, br°_.wn fine sand aeptns of about 3~ i~h~ .... ~ayer is ~lne sa . _ lower part is li~ t-~]:i:-=--°J-~he upper part is light ~wa~d._t~° about 80 inches; the u~ ...... Y' _he subsoil is to a' ~-~' --".?: d ' g . y h brown fine middle :...'::...v:.-. ark grayish brown fine loam sand and the lower art "~:~:::~-~.~% · P is c c Soils ;rf ~d_ls_s=lm.i.l~ar. characteristics includ-- ~ .... - . small e=o u= ~alanar an~ D;..-.~ .... =u ~ unls u/~lt positions. These soils make up to 20 percent or less of the .... ~.~z= .~. unit. - .%. ..- The permeability of this soil is slow to very slow. The available water capacity is low. Natural fertility is low. I "~' .... ~-'--~ most years, under natural conditions, .the seasonal high water -.~,. n ~.... table is between 6 to 18 inches of the surface for 1 to 6 months'.:?. In other months, the water 'table is below 18 inches and recedes to a depth of more than 40 inches during exter~ed dry Periods. Rarely is it above the surface. Natural vegetation consists .-. mostly of south Florida slash pine, cabbage pa. lm, saw palmetto, . waxmyrtle, chalky bluestem and pineland threeawn. " This soil is poorly suited to cultiva ' and droughtiness. The nu-~ ..... .ted. crops because of we very intensive mana~em~'~_=f_~°.~ a~apteo crops is limited ,,n~t~n~e.ss water con ~ ~-~ _=.. ~"~ ~C~lces are fol ~_~ ,.,:~ suitable f ......... mprovlng measures ,~ _~: ~ .~ o(~ _ s . ~ ,-_~y~[rul= and ve etabl , ~-=. o.~__~ can De made ystem is need=d =o r ~ .... -g .e ct.cps. A water co · e .... .= exces ntrol provide water throu-h sub .... =___s.wa.~er. in we= seasons and = our=ute irrigation in dry seasons Row crops s.hould be rotated with cover. =~uxllzer and lime should should include bedding of the rows cr~P-S2:..Seedbed p_reparation be added according to the need of the crops. With proper control, the soil is well suited ~o citrus. Water control 'systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the . seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil. is well su tedA~0AjI~M pasture. A water control system is needed to remove exc iSs~ater~ during the wet season. It is well suited to pangolagras ~, - 7 .~ahiagrass and clover. Excellent pastures of grass or g:as~.N 2% clover mixtures can be grown with good management. RecJular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland, threeawn and chalky bluestem. Manage.m~nt E~r~ac_t~i,ce.s shoul.d.i.ncl.ude..defe_rre~ gra. zing and brush ..c~it'~Ol.:hl9.:.:.,~ :.:.:-..~.~ · -~ · .... .. .... . ~ .~?;_..---..-.~. .~.~ · . · . . . .:....~ ....~-..~,.:~f::~ .: ... it should ~ -~,,-~-~ ~ --:-=-:- ~= .-~ ~_ =~mR4~u..~ z, lel~s,-. . :.. ~:,'.. · . . . . above, the,.:~,,.~,.,.:~-~,,. seasonal h~gh water, table. For v,~==~^,_~ .... has.severe 1xmltations because o£ wetnes "'" '-'"-~i'~ ~=~_~=~= =o remove excess surzace wa .... .'- ~ ... . . =~ !ter. durang wet -per~ods--~.~:~ o£ these limitations 'can 'be' overc~me~-?'.-'~:~ ..... This 01dsmar soll is in capability subclass IVw.. ~-.!~'~i~]/~.-.~' -: ::.. :.- -. :-j. JUN 2 2003 .) (18) Riviera Fine Sand, Limestone Substratum_ This nearly level poorly drainage soil is in sloughs and broad poorly defined ' drainageways. Individual areas are elongated and irregular in shape, and range from 25 to 500 acres The slope is 0 to 2 percent. - Typically, the surface layer is gray fine sand about 6 inches - thick. The subsurface layer is fine sand to a depth of about'32 inches; the upper part is light brownish ~ray and the lower part...... "-'~'-~ is light gray. The subsoil is sandy clay loam to a depth of about 54 inches; the upper part is grayish brown and the lower part is dark gray. Limestone bedrock is at a depth of about 54 -~. inches. . -.- ' ' ' .L. In 95 percent of areas mapped as this soil, Riviera and similar soils make up B0 to 96 percent of the map unit. The - characteristics of Pineda, limestone substratum are similar. ' · . .i~ ..::"~ Soils of dissimilar characteristics included in this unit are small areas of Boca, Copeland and Holopaw soils on similar landscape positions. These soils make up about 4 to 20 percentl.' of the unit. . The permeability of this soil is moderate to moderately rapid. The available water capacity is low. In most years, under natural conditions, the seasonal high water ~able is within 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow slowly moving water for periods of about 7 to 30 days. Natural vegetation consists of scatted south Florida slash pine, cypress, cabbage palm, waxmyrtle, sandcordgrass, Gulf muhly, blue maidencane, south Florida bluestem and chalky bluestem. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil improving measures, 'the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. trees above the seasonal high water table. A good grass crop between the trees helps to protect the soil from blo when the trees are younger. With proper water control, the soil is moderately suited to · citrus. Water control systems that maintain ~ood drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal'drainage and elevates ine AC~NOA~ (' I With good water control management, this soil'is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizer and controlled grazing are needed for highest yields. This soil is well suited for desirable range plant production. The dominant forage consists of blue maidencane, chalky bluest'em and bluejoint panicum, south Florida bluestem, gulf dune .... paspalum. Management practices should include deferred graZing. This Riviera soil is in the Slough range site. . This soil has severe-limitation~ ~ ...... '- . - the high water table ~ ...... _~ ~u.~_..~.u ur.Dan uses because of sites and septic tank abo~~- ~:-~ .... .~on, building ..... : :,~,. soil also has severe limitations for recrea~LaD~ ~e°vt~e~oeL tTh.l,:..,s because en . ~:" of wetness and sandy texture. Problems associated with:-,.~&.-:~:;:.':_~:. wetness can be corrected by providing adequate drainage =-a · drainage outlets to control · = ~'~ . .~. ~.:: the high water table. The sandy ...... .'...' texture limitations can be overcome by adding suitable topsoil '6r'.:.: by resurfacing the area. ':' This Riviera soil is in capability subclass 111w. AGEJ~A ITI~M~x.- JUN 2 q 2003. S~:~-mber 2 I, !~99 FLORIDA DEPAR'i'ME~ OF STATE DIVISR3N OF ~ RESOURCES Mr.T~ ~ Turrell & Associ~s, Inc. 3594 Exchange Ave~e, Suit~ B N~ples, Florida 34104 (Fax) 941-643-6632 D~' Mr. Hall: to your inquiry of Seps~bar 20th, 1999, the Flotid~ lsOster Sim File lists nO : ...., .~:~.~..~.:. stt~s~hist~rica~st~x~ingsm~:tums~r~e~dsurveysinth~f~wingp~rce~s~fC~ie~C~u~.~+~`.~`:~ ,~.~ ',:~ . . T485. R26E. S~ction 26. .. ;..:~i,':;'~.: In in~g t~ res~ of om' ~ please r~nember the following I~ints: which h~vc r~ b~cn compk~ly su~--ycd, such ~ y~ my ~ ~~ ~h~l~ si~ ~~ h~~ ~t ~s, or ~. R~d ~ by ~e ~of~ ~a ~ Si~ File do not ~i~c'~ a ~kw of ~1~1 ~. lf~ ~ fa~ ~ ~ h~ ~ sh~d ~ ~ ~p~'Rcv~' ~ ~ B~u of~c P~~n at 85~487-2333 or ~ ~ ~ss. Historical Data Analy~ Florida Ma.s~ Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallnha.~..s~, Florida 32399-0250 State SunCom: 277-2299 Fax line: 850-921-0372 Ema.il: frr~fit~r~ail, do$.$trae.fl. W~o: DffiECTOR'S OFFICE R.A Gray Building o 500 Sou~ B~ ~ - T~ F~: (~ ~ · ~ A~ ~/~.~~ ~ ARCHAEOL~I~ ~R~ ~ ~~ ~VA~ON JUN 2 q 2003 , NICAEA ACADEMY · .- . ~ ,:." .. :- ~-RN 26E COLLIER COUNTY, FLORIDA November 1999 PREPARED BY: TURREIJ, & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 JU~ 2 ~ 2003 JJUN2Zi2003 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE N~UMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8626S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOLrrH OF IMaMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHW 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-52, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. ~VHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy Mclntyre, 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 ot the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8626S, /~s--d. escribed in Ordinance Number 91-102, the Collier County Land Development Code, ~ ucreby amended accordingly. SECTION TWO: Ordinance Number 2000-52, known as the Nicaea Academy PUD, adopted on August-b, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. AOF.~IDA Fl'l~d ~ JUN 2 2003 n. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this. day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency ~M .~('~ ~ arjorie M. Student I" Assistant County Attorney BY: TOM HENNING, CHAmMAN JUN 2 4 2003 I IIC/ EA ACADEMY PUD A PL~.FIKED UNIT DEVELOPMENT PREPARED FOR: BARTON AND WENDY MCINTYRE 2200 Santa Barbara Boulevard NAPLES, FLORIDA 34118 and JOSEPH MAGDALENER 540 INLET DRIVE MARCO ISLAND, FLORIDA 34145 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and JEFFREY L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" January 8, 2003 May 6, 2003 JUN 2 z~ 2003. ,- ' .... ~rAB-LE-OF- coNTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE ii iii 1 3 5 8 12 13 2003 I LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" PUD MASTER PLAN PUD CONCEPTUAL UTILITY/VVATER MANAGEMENT PLAN iii AGENDA I'11~ ~-~ JUN 2 ~ 2003 STATEMENT OF COMPLIANCE The development of approximately 119+ acres of property in Collier County, as a Planned Unit Development to be known as the Nicaea Academy PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Nicaea Academy PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 580 proposed units and resultant density of 4.87 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Proiect Inside a Residential Density Band Base Density Residential Density Band Maximum Permitted Density 4 dwelling units/acre +3 dwellin,q units/acre 7 dwelling units/acre 78.3 Acres for an Urban Proiect Outside a Residential Density Band Base Densitv 4 dwellinq units/acre Maximum Permitted Density 4 dwelling units/acre JUN 2 2003. Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units/acre = 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units/acre. Requested dwelling units = 580. Requested density = 4.87 dwelling units/acre. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. AO~r. NOA IT'i~ [-~ JUN 2 2003 SECTION I 1.1 1.2 1.3 1.4 1.5 PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Nicaea Academy PUD. LEGAL DESCRIPTION The subject property being 119_+ acres, and is fully described as the South ~ of the South ~ of the South ~ less the west 100 feet thereof; and the South Y2 of the North ~ of the South ~ of the South ½ less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. PROPERTY OWNERSHIP The subject property is owned by Barton and Wendy Mclntyre, 2200 Santa Barbara Boulevard,' Naples, Florida 34116. The westerly 8 acres of the subject property is under purchase contract by Joseph Magdalener, 540 Inlet Drive, Marco Island, Florida 34145 and the easterly 111 acres of the subject property is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida 34101. GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located on the eastern side of Collier Boulevard just south of the Crystal Lake PUD (unincorporated Collier County), Florida. The entire project site currently has PUD Zoning and is proposed to be · rezoned to PUD. PHYSICAL DESCRIPTION The project site is primarily located within the according to the Collier County Drainage Atlas. project is the Collier Boulevard Canal located boundary. Cocohatchee Drainage Basin The proposed outfall for the along the western property Natural ground elevation varies from 10.0' NGVD within the onsite to 13.0 feet NGVD in the uplands. The average elevation being JUN 2 ~ 2003 1.6 1.7 12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to discharge. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18-Riveria Fine Sand, limestone substratum, and areas of #16-OIdsmar Fine Sand and #10-Oldsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. PROJECT DESCRIPTION The Nicaea Academy PUD is a project proposed for a maximum of 580 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Nicaea Academy Planned Unit Development Ordinance". AOENOA IT'l~d i~ JUN 2 zt 2003 .,._88 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Bo Ao Regulations for development of the Nicaea Academy PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate, which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Nicaea Academy PUD shall become part of the regulations, which govern the manner in which the PUD may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force..a_nd effect. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. AGEI~A ITEM JUN 2 ~ 2003 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 2.4 2.5 2.6 A maximum of 580 dwelling units shall be constructed in the residential areas of the project. The gross project area is 119+ acres. The gross project density shall be a maximum of 4.87 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. Bo The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES A° In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. whereby off-site removal shall be limited to 10 percent of ti excavated but not to exceed 20,000 cubic yards. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, t'nt'n I ~nhlme AGENDA ITEM UN 2 zt 2003 .,qO All other provisions of Division 3.5, Excavation of the Land Development Code shall apply. AGENDA rl'l~.~ JUN 2 ~ 2003. SECTION III 3.1 3.2 3.3 RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 580 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Bo Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses and garden apartments). Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis couds, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. Manager's residences and offices, and model units. Gatehouse. 8 AGE~A_ITI~ .--. JUN 2 zl 2003- 3.4 Essential services, including interim and permanent utility and maintenance facilities. o Water management facilities. Such facilities may be incorporated within the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. Recreational facilities such as boardwalks, walking paths and picnic areas, within any Natural Habitat Areas. Such facilities may be incorporated with the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. Supplemental landscape planting within Natural Habitat Areas, after the appropriate environmental review. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. DEVELOPMENT STANDARDS Ao Table I sets forth the development standards for land uses within the Nicaea Academy PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. o Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavements in multi-family projects. AGE. NI:)A ~,0 JUN 2 q 2003 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width SINGLE-FAMILY 7,OOO Sq. Ft. 60' Interior Lots (1) 70' Corner Lots Front Yard Setback 23' Side Yard Setback 1 Story 2 Story 3 Story Accessory Structure Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Boundary Setback Principal Structure 20' Accessory Structure 20' Lake Setback (4) 20' Upland Native Habitat Setback Principal Structure 25' Accessory Structure 10' Wetland Preserve Area Setback 25' Distance Between Structures Main/Principal 1 -Stow 2-Story 3-Story Accessory Structures Maximum Heiqht: principal Building Accessory Building Minimum Floor Area 0' & 12' or both 6' 0' & 15' or both 7.5' Not Applicable 6' TWO-FAMILY MULTI-FAMILY 5,000 Sq. Ft. NA 90' Interior Lots (1) NA (45')(2) 110' Corner Lots NA (55')(2) 23' 15' 0' & 12' or both 6' 7.5' 0' & 15' or both 7.5' 10' Not Applicable 12.5' 6' 6' 20' 20' 10' 10' 20' 20' (3) 2O' 10' 20' 20' 25' 25' 10' 10' 25' 25' 12' 12' 15' 15' 15' 20' NotApplicable Not Applicable 25' 12' 12' 12' 2 stories with a 2 stories with a 3 stories with a maximum of maximum of 35' maximum of 35' 45' 20' (Clubhouse 35') 20'(Clubhouse 35') 20'(Clubhouse 35') 1200Sq. Ft. 1100 Sq. Ft. 1 Bedroom = 750 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom =1100 Sq. Ft. (1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) All 3-story buildings shall be set back a minimum of seventy-five (75) feet from the southern and northern PUD boundary lines. (4) Lake setbacks are measured from the control elevation established for the lake. 10 AGENDAJ.TI~/9 JUN 2 2003- B. Off-Street Parkinq and Loadinq Requirements: Co Bo Parking shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site for any residential project. A minimum of 71.15 acres of Natural Habitat Areas or Preserve Areas shall be provided on-site, including both the understory and the ground cover emphasizing the largest contiguous area possible. These Natural Habitat Areas or Preserve Areas shall consist of at least 71.15 acres of native vegetation that is retained on-site as shown on the PUD Master Plan. Landscapinq and Bufferin.q Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. ° Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. JUN 2 2003- SECTION IV PRESERVE AREAS PLAN 4.1 4.2 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas may be 100% indigenous native species. o Any other'use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. 12 JUN 2 2003 SECTION V 5.1 PURPOSE DEVELOPMENT COMMITMENTS The purpose of this Section is to set fodh the commitments for the development of this project. 5.2 GENERAL 5.3 5.4 All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor a.nd assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this document. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations time of site plan submittal. two phases. The project is projected to be comp in effect at ~ted~t~.~ .~t~. 'rl~.~ 2003 5.5 5.6 The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code. C. The developer and its successors and assigns shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. : D. Prior to Final Site Development Plan approval a right-of-way permit shall be obtained, if required. WATER MANAGEMENT, A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. A surface water management permit must be obtained from the South Florida Water Management District. D. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. 14 5.7 5.8 UTILITIES A. Water distribution, sewa9e collection and transmission and interim water and/or sewa9e treatment facilities to serve the project are to be designed, constructed, conveyed, 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 and sewage collection facilities to be constructed will be customers of Collier County and will be billed by the County in accordance with the County's established rates. TRAFFIC The development of this PUD shall be subject to and governed by the following stipulations. Also, note that any language within this PUD document, whether whole or in part, that conflicts or can be interpreted and/or construed in any Way shape or form as being in conflict with the following stipulations is null and void, as determined by Collier County Transportation staff: Co All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of ._Transportation (FDOT),-as amended,-as required by-Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter necessary to protect the health, safety and All traffic speed limit postings shall be in requirements if determined as welfare of the public. accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO). JUN 2 2003. Fo Ho Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of County Commissioners (CCBCC). Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff. Collier County Transpodation staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues, roadway capacity problems, etc. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues, roadway capacity problems, etc. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. To ensure this the following shall be the minimum requirements provided relevant to same: Pedestrian Travel Ways: · On local roadways, sidewalks shall be a minimum of six feet in width. · On collector and arterial roadways sidewalks shall be a minimum of six feet in width. Bicycle Travel Ways: ¢'J. (._6 JUN 2 2003 · On local roadway bike lanes are not required. However, it is preferred that travel lanes be a minimum of twelve feet in width so as to accommodate bicyclists. · On collector and arterial roadways in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimum four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall 'be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to: any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of- way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. Collier County Transportation staff reserves the right to impose stricter requirements if 17 ' JUN 2 2003. 101; No Oo P° determined as necessary to protect the health, safety and welfare of the public. All internal access(es), drive aisle(s), sidewalk(s), etc., not located within County right-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval shall be obtained/received from Collier County Transpodation staff. In the event that Tree Farm Road (a private road) is used for access to the site, this road and bridge crossing shall be improved to County standards up to the project's entrance points. The final access location points shall be approved at the time of Site Development Plan submittal. At this time, the developer shall provide evidence that they can utilize Tree Farm Road for project access pending title search ownership results. If a gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this the following shall be the minimum requirements provided relevant to same: · The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). · A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. JUNi . .2003 5.9 PLANNING Ao Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right-of-way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. Sidewalks shall connect on-site multifamily residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of- way line in accordance with the Land Development Code. Should a two- directional shared use path be utilized, the minimum paved width shall be 10 feet. 5.10 ENVIRONMENTAL Ao Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. The petitioner shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. Co An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. Do All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section ]9 JUN 2 ~ 2003. Fo Go Ho Eo Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Final Plat/Construction Plan approval. This PUD shall be consistent with the Environmental Section of the Collier County Growth Management Plan Conservation and Coastal . Management Element and the Collier County Land Development Code at the time of final development order approval. 20 JUN 2 ~ 2003. E:XISTINO C:~U.II~ BL~:). ~.FL ..... ~ :i.~ ~ ~.i:i.:i.i.. '~ ~ I~o ,, :::::::::::::::::::::::::::: ' Ii~ i~ :'.'.::::::::':': '. E~$TING COLUER BLVD. C.R. 951 EXECUTIVE SUMMARY PUDZ-2002-AR-2869, D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., REPRESENTING PANTHER DEVELOPMENT, L.P., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT HAVING THE EFFECT OF CHANGING THE NAME FROM RONTO LIVINGSTON PUD TO TUSCANY RESERVE PUD, SHOWING A CHANGE IN OWNERSHIP, REDUCING DWELLING UNITS FROM 1380 TO 799, REDUCING DENSITY FROM 2.98 TO 1.73 DWELLING UNITS PER ACRE, AND ADDING A VILLAGE CENTER LAND USE DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-04, AS AMENDED, THE FORMER RONTO LIVINGSTON PUD; FOR PROPERTY LOCATED WEST OF INTERSTATE - 75 AND EAST OF LIVINGSTON ROAD AT THE COLLIER-LEE COUNTY LINE, IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 461.29± ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner requests a rezone from the existing Ronto Livingston PUD to the proposed Tuscany Reserve PUD. The current PUD permits residential land uses (single-family, duplex, and multi- family) and a golf course, which remain substantially unchanged in the proposed PUD. The proposed 461.29-acre PUD reduces the maximum number of residential units from 1380 dwelling units to 799 dwelling units, thereby reducing the density from 2.98 dwelling units per acre to 1.73 dwelling units per acre. The Density Rating System permits a density of up to 5 dwelling units per acre for this PUD. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: Park Impact Fee: $578 $ 461,822 Libraries Impact Fee: $181 $ 144,619 JUN 2 2003 Pl. · Fire Impact Fee: $0.15 per square foot under roof $ 239,700 · Road Impact Fee (single family): $4,629 per dwelling unit $1,851,600 · Road Impact Fee (multifamily): $3,429 per dwelling unit $1,368,171 · Correctional Facility: $118 per dwelling unit $ 94,282 · EMS Impact Fee (single family): $14 per dwelling unit $ 5,600 · EMS Impact Fee (multifamily): $2 per dwelling unit $ 798 · Schools (single family): $1,778 per dwelling unit $ 711,200 · Schools (multifamily): $827 per dwelling unit $ 329,973 The estimated total amount of impact fees for the proposed rezone is $5,207,765. It should be noted that the estimate is based on 400 2,000 square-foot single-family and 399 2,000 square-foot multifamily dwelling units being developed. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban Mixed - Use District permits a variety of residential unit types at a base density of 4 dwelling units per acre, subject to the Density Rating System. The Density Rating System results in the project being eligible for a maximum of 5 dwelling units per acre, pursuant to the following calculation: 4 DU/A Base Density +1 DU/A Roadway Access [access to two or more arterial or collector roads per Transportation Element; PUD has access to Livingston Road (N-S) and future Livingston Road (E-W); both segments are classified as Collector Roads] = 5 DU/A Total Eligible Density The proposed PUD may therefore be deemed consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. JUN 21303 J i ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because there were no additional impacts to wetlands beyond those authorized by the original PUD Ordinance. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on May 15, 2003. The Planning Commission heard testimony from the petitioner and County Staff. The Planning Commission voted 7 to 0 to recommend approval of the Tuscany Cove PUD to the Board of County Commissioners. Commissioner Schiffer abstained. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Tuscany Reserve PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan. Therefore. Planning Services staff recommended that the Collier County Planning Commission forward Petition PUDZ-2002-AR-2869 to the Board of County Commissioners xvith a recommendation of approval subject to the PUD document attached to this Executive Summary. JUN 2 zt 2003 PREPARED BY: F~ISCHL, AICP~ PRINCIPAL PLANNER 7.0_3 DATE REVIEWED BY: CURRENT PLANNING MANAGER P LANNIN(~ERVICESDIREC¥OR DATE APPROVED BY: DA~i'E- JOsF;~H K. scF~I~II~'T / 0/¢¢iMUNITY DEVELOPMENT 8,: ENVIRONMENTAL SERVICES ADMINISTRATOR PUDZ-2002-AR-2869 4 JUN 2 ~ 2003 AGENDA ITEM 8-B MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 28, 2003 PETITION: PUDA-2002-AR-2869 TUSCANY RESERVE OWNER/AGENT: Agents: Owner: D. Wayne Arnold, AICP Q. Grady Minor & Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 Neale Montgomery Pavese, Haverfield, Dalton, Harrison & Jensen 1833 Hendry Street Fort Myers, FL 33901 Panther Developments, LLC 24301 Walden Center Drive Bonita Springs, FL 34134-4920 _REOUESTED ACTION: The petitioner wishes to amend the Ronto Livingston PUD to change the name to Tuscany Reserve, provide for residential development, golf courses, and preserves in a ~ 31 acre PUD. GEOGRAPHIC LOCATION. The property is located in the northwest quadrant of the intersection of Interstate-75 and the future east- .,.-west segment of Livingston Road. ivingston Road. A portion of the PUD extends west to th~ north-sot JUN 2 2003 PURPOSE/DESCRIPTION OF PROJECT' The petitioner proposes an amendment (by way of a PUD to PUD rezone) to the existing Ronto Livingston PUD. The current PUD permits residential land uses (single-family, duplex, and multi- family) and golf course, which remain substantially unchanged in the proposed PUD. The proposed PUD also adds language regarding a berm along 1-75, signs, and transportation conditions. The proposed PUD reduces the maximum number of units from 1380 dwelling units to 799 dwelling units, thereby reducing the density from 2.98 dwelling units per acre to 1.73 dwelling units per acre. The Density Rating System permits a density of up to 5 dwelling units per acre for this PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel' The parcel is a 461.29-acre site Surrounding: North: East: South: West: Hunter's Ridge residential and golf course development within the City of Bonita Springs Interstate-75 right-of-way, across which is the Quail West PUD East-west segment of the Livingston Road ROW, across which is the Pelican Strand PUD North-south segment of the Livingston Road ROW, across which is the Mediterra PUD; undeveloped land zoned Rural Agricultural; and the Mediterra PUD GROV~rrH MANAGEMENT PLAN CONSISTENCY- The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential unit types at a base density of 4 DU/A, subject to the Density Rating System, recreation and open space uses, and community facility uses. Review of the Density Rating System results in the project being eligible for a maximum of 5 dwelling units per acre. Livingston Road (E-W); both segments are classifie Roads] 5 DU/A Total Eligible Density 4 DU/A Base Density +1 DU/A Roadway Access [access to two or more arterial or collector roads per Transportation Element; PUD has access to Livingston Road (N-S) and future as CollectoI- JUN 2 The proposed PUD may therefore be deemed consistent with the Future Land Use Element of the Growth Management Plan. 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, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Under the density rating system, the PUD is eligible for up to 2,305 dwelling units. Under the current PUD, the subject parcel could support a maximum of 1,380 dwelling units. The proposed PUD provides for a maximum of 799 dwelling units, resulting in a gross density, of 1.73 dwelling units per acre, less than the maximum of 5 dwelling units per acre indicated by the Density Rating System. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because there were no additional impacts to wetlands beyond those authorized by the original PUD Ordinance. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed Tuscany Reserve PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002-AR-2869 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. JUN 2 21103 ~EPARED BY: F~ISCHL, AICP PP4NCIPAL PLANNER DATE REVIEWED BY: -SUSAN MURRAY,~ICP CURRENT PLANNING MANAGER 5.5.03 DATE DATE APPROVED BY: /O~EPH K. SC/I, fM/TT / D~T,I~ Z 4MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR ion PUDZ-2902-AR-2869 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. A~ERNATHY,~rIAIRMAN g/curren~Yr¢ischlYPUD/PUDAYTuscany/staflYcport/PUDZ-2002 -AR-2869 REZONE FINDINGS PETITION PUDZ-2002-AR-2869 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Density Rating System allows a density of up to 5 dwelling units per acre for this site. A proposed density of 1.73 dwelling units per acre is less than the maximum density. Therefore, the PUD document, as attached, is consistent with the Collier County Growth Management Plan. The existing land use pattern; Pro: The parcel is a residential PUD. The parcel is surrounded by residential uses. Con: Evaluation not applicable. Summary Findings: The proposed residential land use is consistent with the land use pattern in the area. e The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed PUD is surrounded by residential uses. Con: Evaluation not applicable. Summary Findings: The subject site is currently zoned PUD and therefore, will not create an isolated district. JUN 2 2003 ,=. 1{3 Whether existing district boundaries are illogically drawn in relation to existing conditions on the propert3' proposed for change. Pro: The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. Con: Evaluation not applicable. Summar3.' Findings: The current district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The petitioner believes that changing market conditions require the proposed amendment. Con: Evaluation not applicable. Summary Findings: Changing conditions have resulted in the submittal of this amendment. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed amendment will reduce the maximum number of dwelling units in the PUD. Con: Evaluation not applicable. Summary Findings: The proposed amendment will reduce the maximum number of dwelling units in the PUD. 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: The proposed amendment will reduce the maximum number of dwelling units in the PUD, thereby reducing traffic impacts. 2 JUN 2 ~ 2003 Con: Evaluation not applicable. Summary Findings: The proposed amendment will reduce the maximum number of dwelling units in the PUD, thereby reducing traffic impacts. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed residential uses will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This site is adjacent to residential uses. Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 3 JUN 2 2003 n.l . 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: If the proposed rezone is determined by the Board of County Commissioners to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property, cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property today could be used to construct a residential community. However, the developer wishes to revise the development standards. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. Con: Evaluation not applicable. Summary Findings: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. JUN 2 ~ 21)(B 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary. Findings: There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: While site conditions may restrict the location and square-footage of the residential buildings, they would not render the property unusable. 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. Summarv Findings: The rezoning of this property will eventually result in the creation of a residential community. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. Details Page 1 of l Folio No. II 00477240007 Current Ownership II pro...~ Address~ 16930 LIVINGSTON RD Owner Namell PANTHER DEVELOPMENTS LP Addressesll 24301 WALDEN CENTER DR c~ BON,TA SPmNGS II Legal I 7 48 26 ALL LYING W OF 1-75 LESS OR 373 PG 814, Statell FL ~plt ~34- 492o I I Section II Township II Range II Acres ti Map No. I o7 ti 46 II 26 II 387.57 II 38o7 Millage Area 149 Strap No. I 11482607 001.0003B071 Millage 13.2998 2002 Final Tax Roll Values Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value J (=) Taxable Value $15,023,199.00 H $ o.oo II $15,023,199.00 JJ $14,373,945.00 II $ 549,254.00 It $ o.oo 649,254.00 SOH = "Save Our Homes" exempt value due to increases. cap on assessment Latest Sales History IDate II Book-Page Il I 01/2001 II 2761- 2568Il I 0111999 ii 2507-998 II I o3~1998 It 24o2-1675 ti 104 ~196611 ~9o- 19oII Amount $17,804,500.00 $ 0.00 $ 0.00 $ 3,147,500.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000177240007 JUN 2 ~ 2003 4/28/2003 DMsion of Corporations Page 1 of 2 Foreign Limited Liability PANTHER DEVELOPMENTS, LLC PRINCIPAL ADDRESS 24301 WALDEN CENTER DR. BONITA SPRINGS FL 34134 MAILING ADDRESS 24301 WALDEN CENTER DR. BONITA SPRINGS FL 34134 Document Number FEI Number Date Filed M01000000330 593707342 02/09/2001 State Status Effective Date DE INACTIVE NONE Last Event WITHDRAWAL Total Contribution 0.00 Event Date Filed 02/03/2003 Event Effective Date NONE Registered Agent CULLEN, JAMES F 24301 WALDEN CENTER DR.. BONITA SPRINGS FL 34134 Registered Agent Revoked: 02/03/2003 Mar ager/Member Detail Name& Address II Title WCl COMMUNITIES, INC. 24301 WALDEN CENTER DRIVE MGRM BONITA SPRINGS FL 34134 STARKEY, JERRY L 24301 WALDEN CENTER DRIVE MGRP BONITA SPRINGS FL 34134 JUN 2 t~ 2003 .../cordet.exe?al=DETFIL&nl =M01000000330&n2=NAMFWD&n3=0000&n4=N&rl=&r2=A/28/2003 Division of Corporations Page 2 of 2 GKEENBERG, MICHAEL R 24301 WALDEN CENTER DRIVE MGRV BONITA SPRINGS FL 34134 DIETZ, JAMES P 24301 WALDEN CENTER DRIVE MGRV BONITA SPRINGS FL 34134 HASTINGS, VIVIEN N 24301 WALDEN CENTER DRIVE VS BONITA SPRINGS FL 34]34 FRIEDMAN, ARTHUR 24301 WALDEN CENTER DRIVE V BONITA SPRINGS FL 34134 Annual Reports Report Year Filed Date [ Intangible Tax !l 200~ It 04/30/2001 I[ 2002 II o2/~6~oo2 l[ View Events No Name History Information Document Images Listed below are the images available for this filing. 02/03/2003 -- Withdrawal 02/26/2002 -- ANN REP/UNIFORM BUS REP 04/30/2001 -- ANN REP/UNIFORM BUS REP 02/09/2001 -- Foreign Limited THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT iJUN 2 ~ 21113 .../cordet.exe?al =DETFIL&nl =M01000000330&n2=NAMFWD&n3=0000&n4=N&rl =&r2=4/28/20o5 PUDZ-2002-AR-2869 PROJECT #2002070044 DATE: 8/8/02 FRED REISCHL PETITION NAME: DATE: ]o APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES Name of Applicant (s) Panther Development, L.P. Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State Florida Applicant's Telephone Number: Res: 239-498-8268 (Fax) ls the applicant the owner of the subject property? [] Yes Zip 34117 Bus.: 239-498-8519 [] No [] (a) [] (b) [] (c) [] (d) [] (e) [] (0 If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a parmership, limited parmership or other business entity, so indicate and name principals below. If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. If applicant ifa 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 owners) name and address below. pl__~a_~ see attached list (If space is inadequate, attach on separate page.) Nam~ of Agent D. Wayne Arnold, AICP Agmats Mailing Address 3800 Via Del Rey City Bonita Springs State Florida Telephone Number: Res.: 239-947-0375 (fax) F:UOB\~ANY'~SI.~UDAMENDAPP2002 .doc Firm Q. Grady Minor & Associates, P.A. Zip 34134 ~ Bus.: 239-947 JUN 2 q lc. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. PANTHER DEVELOPMENTS, LLC, A Delaware limited liability company OFFICERS: Jerry L. Starkey, President Steven C. Adelman, Vice President James D. Cullen, Vice PresidentJAsst Secretary James P. Dietz, Vice President / Treasurer Arthur Friedman, Vice President Michael R. Greenberg, Vice President Vivien N. Hastings, Vice President / Secretary MANAGERS: Jerry Starkey Michael R. Greenberg James P. Dietz JUN 2 ~ 2003 ,,._Ltl__ Firm Pavese, Haverfield, Dalton, Harrison and Jensen 2. Name of Agent Neale Montgomery Attorneys Agents Mailing Address 1833 Hendry Street Ci~~ Ft. Myers State Florida Zip 33901 Telephone Namber: Rcs.: 239- (fax) Bus.: ~39-334-2195 3, PUD ORDINANCE NAME AND NUMBER: Rout~ Livingston, 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. ff request involves change to more than one zoning district, include separate legal description for property, involved in each district. If properS' is odd-shaped, submit five (5) copies of the survey (1' to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICAT/ON SHALL BE REQUIRED. SECTION 12 and 7 TOWNSHIP 48 South RANGE 26 East Please see attached legal description 5. Address or location of subject property.' 7210 and 7190 Livingston Road North, Naples, Florida 34110 Does property owner own contiguous property to the subject propert3'? If so, give complete legal description of entire contiguous propem.'. (if space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: [] A. PUD Document Language Amendment [] B. PUD Master Plan Amendment [] C. DeveJopment Order ZaJ~guage AmendmeJ]l 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [] Yes [] No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WrFHIIq THE LAST YEAR? IF SO, IN WHOSE NAME? No PETITION #: DATE: I0. HAS ANY PORTION OF THE PUD BEEN [] SOLD and/or [] DEVELOPED? CH_4aNIGES PROPOSED FOR TIIE AREA SOLD AND/OR DEVELOPED? FlYes IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). F:~JOI~TUSC~N'Y'~USPUDAMENDAPP2002 .doc JUN ~ ZlJlJ3 AFFIDAVIT I, Arthur Friedman, as Vice President of Panther Developments, LLC, a Delaware limited liability company, being first duly sworn, deposes and says that Panther Developments, LLC is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a pad of this application, are honest and true to the best of our knowledge and beli,~ f. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. PANTHEF~EVELOPMENTS, LLC, State of Florida County of Lee The foregoing Application was subscribed and sworn to before me by Arthur Freidman, as Vice President of Panther Developments, LLC, this ,=~'~day of ~-~"~~ ., 2002, who is personally known to me. ~ Notary Public for the State of.,.,,Clor~ Print Name of Notary My Commission Expires:,//~/~_~ \\Wci.corp\wc~,Corporat~Lel~al~Bonnie~PAT L~Panther Affidavit,doc JUN 2 2003 Legal Description Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South, Range 25 East, Collier County, Florida, LESS: The portion conveyed to Collier County, A Political Subdivision, by Warranty Deed recorded June 22, 2002, in Official Records Book 2689, Page 3.~68. Together with: Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, lying West of Interstate Highway 75, Right-of-way. PARCEL A and PARCEL B: TOGETHER BEING MORE PARTICULARLY DESCRIBED AS: A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section 12, Township 48 South, Range 25 East, in Collier County Florida, and being more particularly described as follows: BEGINNING at Northwest Comer of Section 7, Township 48 South, Rang 26 East run thence along the North boundary of the Northwest one-quarter (1/4) of said Section 7, S.89°52'09"E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate Highway 75 (324' Right of way); thence along said Westerly right-of-way line for the following three (3) courses 1) S.19°30'43"E. 2329.79 feet to a point of curvature; 2) Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58 feet and a central angle of 19°25'46TM (chord beating S.09°46'20"E., 1883.77 feet); 3) S.00°01'5T'E. 1243.42 feet to a point on the South boundary of the Southeast one-quarter (1/4) of said Section 7; thence along said South boundary N. 89° 10' 15"W., 844.32 feet; thence along the South boundary of the Southwest one-quarter (1/4) of said Section 7, N.89°10'25"W., 2627.43 feet to the Southwest comer of said Section 7; thence along the West boundary of the Southwest one-quarter (1/4) of said Section 7, N.00°32'28"W., 2623.13 feet; thence along the West boundary of the Northwest one-quarter (1/4) of said Section 7, N.00°30'23"W., 1314.18 feet; thence along the Southerly boundary of the North one-half (1/2), of the Northeast one-quarter (1/4), of said Section 12, Township 48 South, Range 25 East, S.89'21'50"W., 2599.53 feet to a point on the Easterly fight-of-way line of Livingston Road; thence along said Easterly right-of-way line N.00*24'47"W., 1316.68 feet to a point on the North boundary of the North one-half (1/2) of the Northeast on-quarter (1/4) of said Section 12; thence along said North boundary, N.89*25'08"E., 2597.37 feet to the POINT OF BEGINNING. Containing 461.29 acres, more or less. F 9JOB\TUSCANY~I_SPUDAMENDAPP2002-doc ORDINANCE NO. 03 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COLrNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8512S, 8607S AND 8607N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TUSCANY RESERVE PUD, FOR PROPERTY LOCATED WEST OF INTERSTATE - 75, EAST OF LWINGSTON ROAD AT THE COLLIER-LEE COUNTY LINE, IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 461.29 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-04, THE FORMER RONTO LIVINGSTON PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Panther Developments, LP, petitioned the Board ot 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 7, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8512S, 8607S and 8607N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO:. Ordinance Number 2000-04, known as the Ronto Livingston PLrD, adopted on January 25, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. JUN 2 21)03 ,,.23 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Mmjorie M. Student Assistant County Attorney BY: TOM HENNING, CHAIRMAN JUN 2 ~ 2003 RONTO · ·xr,~r'¢'rc,~aq'm ~er~,t ~v RESERVE A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING R©NTO LIV~,~GET©NTUSCANY RESERVE A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: a CS, ...... Panther Developments. LP 24301 Walden Center Drive Bonita Springs. Florida 34134 PREPARED BY: DI~/l C TNT/'-" ¥',,~1~.=. 1.71 "rlA 1 th2 Q. gradv Minor & Associates. P.A. 3800 Via Del Rev Bonita Springs. Florida a4134 and Neale Montgomery Pavese, Haverfield, Dalton, Hamson & Jensen Attorneys 1833 Hendry Street Fort Myers. Florida 33901 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE -January_ 25.2002 2000-04 EXHIBIT "A" O :\CurrentVReischl~PUD~UDA\Tuseany ReservekPUD040703 latest without comm.do¢ Revised 4/8/2003 JUN 2 2ffi3 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII INDEX List of Exhibits Statement of Compliance Property Ownership, Legal General Description and Short Title Project Development Residential Development Areas Golf, Open Space Village Center Preserve General Development Commitments PAGE ii iii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 JUN 2 ~ 271)03 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" LIST OF EXHIBITS Planned Unit Development Master Plan Interstate 75 Buffer Typical Estate Entry Feature Typic~d Tuscanx/Reserve Drive R.O.W. Cross-section Tuscany Reserve Drive (adiacent to Lake 5) ii JUN 2 ~ 2003 STATEMENT OF COMPLIANCE The development consists of '153 461+ acres of property in Collier County as a Planned Unit Development to be known as the ~-'-*-- T :.,; ....... .- v ............... ~ ..... I uscan,. Reserve PUD, which will be in compliance with the goals, objectives, and policies of Collier COunty as set forth in the Collier County Growth Management Plan. The r~^~+~ T ;.,;~,.~,~.~ ~ ~ .............. ~ ..... Tuscan~ Reserve PUD is a single and multi-family residential community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: s7. The total acreage of the D^~,^ , ;.r;.,o~^. ~ ............. ~ ...... Tuscan,~ Reserve PUD is 461 + acres. The maximum number of dwelling units to be built on the total acreage is 13~9.799. The number of dwelling units per gross acre is approximately _.~x_981.73 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. The projected density of 2.9~1.73 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan which allows 4.0 units per acre as a base density with 1 unit per acre adjustment due to the project interconnection from Livingston Road North as well as Livingston Road East, for a maximum of 5.0 units per acre. The subject property is within the Urban-Mixed Use District~ Urban Residential Mixed Use Subdl~istrict Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Furore Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All fmal local development orders for this project are subject to Division 3.15, Adequate I Public Facilities, of the Collier County Land Development Code. This PUD shall be incompliance with all environmental sections of the LDC and GMP, Conservation and Coastal Management Element in effect at the time of final qyelonrnent order approvals, hOrdiOA ~ JUN 2 2003 111 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.I 1.2 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of R©NT©, r,.,.~x r ~c,.c q'r~x~'rT Tq c'..: .,,,,. ,.., .-,: o,..: ax~ x,'.: ,, RESERVE PUD. LEGAL DESCRIPTION Pal-co! Total ^ ........ - ,4 ~.-~ -m,~ Parcel A: l',{orth one-half of the Northeast one-quarter of Section 12. Tov,-nship 48 South. Ram, e 25 East. Collier County. Florida. LESS: The portion conveyed to Collier County. A Political Subdivision, by Warranty Deed recorded June 22. 2002. in Official Records Book 2689. Pafae 3368. Together with: Parcel B: All of Section 7. 'l"ownship 48 South, Range 26 East, Collier County, Florida. lying West of Interstate Hi~zhwav 75. Ritd~t-of-wav. PARCEL A m~d PARCEL B: TOGETHER BEING MO'RE PARTICULARLY DESCRIBED AS: A parcel of land lying in Section 7. Towmship 48 South, Range 26 East, and in Section 12, Township 48 South, Range 25 East, in Collier County Florida. m~d beina more particularly described as follows: BEGINNING at Northwest Comer of Section 7. Township 48 South. Rm~g 26 East run thence along the North boundary of the Northwest one-quarter (1/4) of said Section 7, S.89°52'09"E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate Highway 75 (324' Right of way); thence along said Westerly right-of-way line for the follovdng three (3) courses 1) S.19'30'43"E. 2329.79 feet to a point of curvature: 2) Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58 feet and a central angle of 19°25'46" (chord bearing S.09°46'20"E., 1883.77 feet): 3) S.00°01 '57"E. 1243.42 feet to a point on the South boundary of the Southea~ (1/41') of said Section 7; thence along said South boundary N.89°10'15"W.. thence along the South boundary of the Southwest one-quarter (1/4) of sa d S~c-t~ 1-1 JUN 2 ~ ~3 N.89'10'25"W.. 2627.43 feet to the Southwest comer of said Section 7: thence along the 1.3 1.4 1.5 West boundary of the Southwest one-quarter (1/4) of said Section 7. N.00°32'28"W.. 2623.13 feet: thence along the West boundary of the Northwest one-qum'ter (1/4) of said Section 7, N.00°30'23"W.. 1314.18 feet; thence along fl~e Southerly boundary' of the North one-half (1/2'), of the Northeast one-quarter (l/4), of said Section 12, Township 48 .South. Range 25 East. S.89"21'50"W.. 2599.53 feet to a point on the Easterly rib, hi-of- way line of Livingston Road: thence along said Easterly right-of-way line N.00°24'47"W.. 1316.68 feet to a point on the North boundary of the North one-half (1/2) of the Norfl~east on-quarter (1/4) of said Section 12: thence along said North boundary. N.89°25'08"E.. 2597.37 feet to the POINT OF BEGINNING. Containine 461.29 acres, more or less. PROPERTY OWNERSHIP The subject property is owned by.,,,.~,,v ,,,.~ ~,~ ;.,:,~,. -.e,o~,,.,, IncPanther Developments. LP. GENERAL DESCRIPTION OF PROPERTY AREA The project site is located to the North of the Pelican Strand PUD; bordered on the east by 1-75 the Collier/Lee County line is the north property line; a portion of the western property borders along Livingston Road North. Bo The zoning classification of the project prior to approval of this PUD document was ~DRI/PUD. known as the Ronto Livingston ~r~ ^ ~,,~ ...... ~,- PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 7. Water management facilities for the project will be designed and constructed serving 463461+ acres of residential lands discharging via the Interstate 75 right- of-way with drainage conveyance. Accordin,.2 to approved SFWMD perrnit(s). dischar~,e from the site is directed to the Mediterra system, the 1-75 ri~oht-of-wav. and to the Livingston (east-west) Road right-of-wa~,,. Co Elevations within the site vicinity are flat. The elevation of the subject is approximately thirteen feet (13') above mean sea level. The entirety of the site lies within Flood Zone "X" according to Firm Map # 120067 0195 D, map revised June 3, 1986, Firm Map # 120067 0215 D, map revised June 3, 1986 and Firm Map # 120067 0185 D, map revised June 3, 1986. Surficial sediments on, and in abe vicinity of the project are primarily fine quartz sands, and organic loams over shallow limestone bedrock. Specific soil types found on the project include: Malabar Find Sand, Basinger Fine Sand and Boca Fine Sand. 1-2 JUN 2 1.6 PROJECT DESCRIPTION t.7 The r~..,^ , ;,.; .... ,,--,T,,~o..m,, Reserve PUD is a residential single family and multi- family golf corn'se community with a maximum of 1980 799 dwelling units. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the RESERVE m ^ 1-3 JUN 2 2003 SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL mo Development of the Rcntc LivinggtcnTuscanv Reserve PUD shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the t> ....... s ..... Tuscan', Reserve PUD shall become part of the regulations, which govern the manner in which the PUD site ma), be developed. Do Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2-1 JUN 2 2003 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo The project Master Plan, "including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. l't r ixrt" ¢'r't'~Tlig C A N.TV RESERVE LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s ACRES Residential 1380799 463461+ (gross) Open Space ~ 6030% N/A 2774-138± (Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Develonment Code, and the platting of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or 6/her development order. The developer of any tract or parcel approved for residential contemplating fee simple ownership of land for each dwelling 2-2 2.5 2.6 2.7 required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 'Utilization of lands within all project rights-of-way for landscaping, decorative entrance wats. architectural features and signage shall be allowed subject to review' and administrative approval by the Developer and the Collier Counts' Engineering Director for engineering and safety, considerations during the development review' process and prior to any installations. Fo Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. Go Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate suc,~ a:;. b~:t '~"' ':~';'~ to. · .... :'; .....;~"~ ....~**' ..........~'~ i' g ~"~ ~; .... h 11 b p ~i~ed pti ip I t~ gho ar tm ...... '="'" -,~ S a e e nc a uses ou ut ...... a ..... Tuscans Reserve PUD subject to the requirements of Section 2.6.~3.4 of the Collier Co~W L~d Development Code. The project's pfimm' sales center, located on the PUD Master Plan shall be permi~ed to be utilized fbr on-site unit sales tbr a maximum of 7 years from date of its approval. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association or Community Development District (CDD). The Association or CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the Master Association or CDD.., the Developer will create a property owner association(s), or condominium association(s), whose functions ~hall include provision for the perpetual maintenance of common facilities and open spaces. The Master_~ or the property owners' association or CDD, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the R.vrXc, L;/Ang:tc, nTuscanv Reserve PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2-3 JUN 2 ti 20113 2.8 2.9 DESIGN GUIDELINES AND STANDARDS Collier County planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated Seven (7) year time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Ront,.q ~.. ,,~. ..... Tuscan ~ Reserve PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the P, cmo [ ...... ~, ..... Tuscam Reserve PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, architectural subdivision entrx' features and access control structures are permitted and max: be constructed in accordance with Exhibit "C", Typical Estate Entr~, Feature. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Landscap~ features including, but not limited to, landscape b~ fences and walls shall be in accordance with the Collier 2-4 JUN 2 20113 Development Code in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. Development Standards Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, fences, walls, columns, decorative architectural features and access control structures shall have no required setback, however such structures shall be located such that they do not cause vehicular stacking into the Immckalee P,_road right-of-way. Setback from exterior property lines - one half (½) the height of the structure. Minimum distance between structures, which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Maximm-n Height - Thirty feet (30') __ Sidewalks, bike_paths, and cart_paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bike path, or cart.path. __Standards for parking, landscaping, signs and other land uses 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. 2.10 OPEN SPACES REQUIREMENTS o,+:~n,,~ =nox .......... : ....... cf Section 2.6.32 of the Collier Cowry Land Development Code requires that residential PUDs must provide a m~imum og 60% o~e~ space. At th~- time of site development plan or plat, the developer musl minimum compliance with this requirement. 2-5 ctem~~ JUN 2 2003 2.11 NATIYE VEGETATION RETENTION REQUIREMENTS For this PUD a minimum of 44.96 acres of wetland and upland preserve/enhancement area shall be placed under a conservation easement as required by the Ronto ~, ..... , ...... '1 uscam/ Reserve Development Order. This PUD Master Plan has committed, through the environmental permitting process, to identify and preserve a minhnmn of 59 acres of existing native vegetation. 2-6 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 3.2 3.3 3.4 PURPOSE The purpose of-this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 1350799. The property contains a gross acreage of 463461+ acres and base density of g¢¢81.73 dwelling units per gross acre. GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary. Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. Two-family and duplex dwellings. Multiple-family dwellings. o exceed seven (7) years from the date of its placement. -' h ' omparab!~ ' r. ^~,,- 'her ' 'pal ....... ..... ~ 0 prl~l ............ Temporary. Sales Center, which shall be permitted as shown on the PUD Master Plan, and utilized throu~h project buildout for on-site sales, not to Accessory Uses_ 1. Uses and structures customarily associated with principal uses permitted. Guesthouses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3. Common area recreational and utilitarian facilities. ..................... and other open space- uses. Gatehouses. fences, walls and access control subiect to Exhibit "C". Typical Estate Entry Feature. 3.5 DEVELOPMENT STANDARDS Ao Table II sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1-5 apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the R .......,.~,' :,.~, ,, ....., ~,~,,,*.-,-'r,,~c~nv, ,~..~__~ Reserve PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Do Development standards for uses not specifically set forth in Table II shall be established during the Site Development Plan Approval phase 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. __Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Housing structure types including lot orientation for single-family detached housing such as zero i(~t line. versus non-zero lot line orientations may not be mixed within the same development tract. TABLE II RONTO LIVINCSTONTUSCANY RESERVE COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Zero Lot Line Two Family and Single Multi- AND STANDARDS Family Duplex Family Family Detached Attached Dwellings and Townhouse Category 1 2 3 4 5 Minimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF Minimum Lot Width *5 50' 40' 35' 35'20' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3 Side Yard 5 0 or 5' *6 0 or 5' 0 or 5' 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard * 1 5' 5' one story 0 or 7.5' 5' 5' 7.5' m,o story Rear Yard Accessory 10' 10' 10' 10' 10' *1 Maximum Building 35 feet 35 feet 35 feet 35 feet 50 feet Height *2 Distance Between *7 10' 10' 10' one story 10' 20' *7 Principal Structures 0 or 15' two story Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF I 750 SF Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area. shall define thc development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. * I - Rear yards for principal and accessory structures on lots and tracts which abut lake, golf cnurse or open spacer~--pr-ese~'ce- areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design-and For preser~'e areas~ all principal structure setbac 'ks shall be 25' and accessory structure setback shall be 10'. Front yards shall be measured as follows: A. lfthe parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost habitable finished ceiling elevation of the structure. *3 - Sing' -family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than m private driveways may reduce the front yard requirement to 15' for the garage. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot ar~ of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *6 - Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is *7 - Building distance may be reduced at garages :e SECTION IV GOLF~, OPEN SPACE (GO) 4.1 4.2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Gourse-Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf Courses and golf club training facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas,',,~,~,.,-'";,~,,, .... ~.,~'~.,,.,,'~'" and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Pub!;.c Community administrative facilities. o Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. Pro-shops, practice areas and rariges, golf cart barns, rest k b "~ ~"-~" ....... "~'~ and golf snaG ars, ....rooms, .................... ~ yards. 4-1 4.3 Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club guests. o Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. DEVELOPMENT REGULATIONS Principal structures shall be set back a minimum of twenty ten feet (20~10') from Golf Course / Open Space District boundaries and private roads, and twenty-five feet from all PUD boundaries and residential tracts. Bo Accessory structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories or thirty feet (30'). 2. Accessory Structures - 1 story or fifteen feet (15'). E. Minimum distance between principal structures - ten feet (10'). F. Minimum floor area- None required. G. Minimum lot or parcel area - None required. __Standards for parking, landscape, signs and other land uses 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 Unless otherwise indicated, reqUired yards, heights, and floor area to principal structures. 4-2 5.1 5.2 SECTION V VILLAGE (.'ENTER PURPOSE The purpose of this section is to identify pemfitted uses and development stm~dm'ds for areas within the Tuscany Reserve PUD, desi~onated on the Master Plan as the Village Center District. GENEICSL DESCRIPTION The Village Center area is intended to serve as a mixed-use component of the project in which primary recreational facilities, limited personal services and multi-t~mily residential uses Mil be developed. The approximate acreage of the Village Center is identified on the Master Plan, Exhibit "A". A maximum of one hundred (100) multi- family and/or tox~q~house residential dwellings may be constructed in the Villaee Center. PERMITTED USES AND STRUCTURES No buildino, q or structure or part thereof, shall be erected, altered or used. in whole or pm't. for other than the fbllowin~: A. Permitted Principal Uses and Structures 1. Golf club and club related facilities including but not limited to restaurants. lounges, pro-shops, snack bars. swimming pools, m~d other recreational facilities conm~onlv associated with the operation of a golf club. 2. Tennis Clubs pro-shops m~d courts. 3. Health Club and Spa. 4. Townhouse and Multi-famiB' Dwellings. not to exceed 100 units. 5-1 JUN 2 21m 5.4 Permitted Accessory Uses and Structure. 1. Accessory uses m~d structures customarily associated with the principal structures. 2. Indoor and outdoor recreation facilities includimz but not limited to swimming pools, temfis courts, mad the like. 3.G~ebos, architectural features, fishing piers, courwards, golf course shelters. 4.Indoor parking facilities and ouldoor parkine lots. 5. Golf Club Cabmaas -A maximum often (10) golf club cabanas maw be constructed within the Clubhouse facilitx and shall be available for short-term overni~zht rental for golf club members and guests. DEVELOPMENT REGUI~ATIONS A. Minimum Yard Requirements 1. Front Yard: principal and accessory,' structures shall have a minimum ten (10') yard. Where principal or accessors' structures are developed under a common site plan. structures may be constructed with a zero foot t. 0') yard. 2. Other Yard: no minimmn yard shall be required where a structure abuts a waterbodv or ~zolffopen space tract. A n~inimum yard of twemv five (25) feel shall be required from any Residential tract. Building }tei_oht 1. Principal structures: three (3) stories or a maximum of forty-five feet (45') above finished ~zrade. Accessmw structures: one (1) stotw or a maximum of twentx-five feet (25') above finished grade. 3. Architectural features such as bell towers and decorative architectural features may be a maximum of seventy five feet (75"~ above grade. Where parking is provided within a wincipal buildim2, one level of parking shall be permitted in addition to maximum building heights listed in B. 1. mid B.2. C. Minimum Lot Area: No minimum lot area requirement. D. Parking Requirements 1. Golf Club, golf related facilities, tennis facilities and spa - 3 spa~ one thousand (1 ~000) square feet of gross floor area of the golf c] 5-2 Eo purposes of this section, the calculation of gross floor m'ea shall ngt include under buildine parking or cart storage facilities. 2. Residential - A minflnum of two (21) parking spaces per unit shall be required. 3. Accessory uses and structures - No separate parking is requiredfor any accessory use within the Village Center. Building Separation: Twenty feet (20:) be~,een residential and non-residential structures, building separation shall be determined by applicable fire co4e requirements. Minimum Dwelling Unit Size: Townhouse and/or Multi-family dwelling units shall have a minimum unit size of 1~200 square feet. Golf cabanas shall have a minimum unit size of 350 square feeh not to exceed a maximum of 1~000 square feet. JUN 2 2003 SECTION YVI PRESERVE DISTRICT 5.16.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Rentc ...... ~, ..... Tuscany Reserve PUD community designated on the Master Plan as the Preserve District. 5.26.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Rcnto Livi::gstcnTuscanv Reserve PUD residents. 5.36.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to Regional, State and Federal permits when required; Principal Uses 1. Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 6. Recreational shelters and restrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all needed permits. .~ Aaccessory uuses and structures such as walls, berms and signage, 1 subject to compliance with Section 7.6 of the PUD, wki,e~ is ccmparaNe in naw. re I JUN 2 tt 2003 6-1 5-.46.4 DEVELOPMENT STANDARDS ~Setback requirements for all structures shall be in accordance with Section3.2.8.4.7.3, of the Collier County Land Development Code. Resr-yat*~ 5.56.5 Minimum building setback shall be 25' for principal structures and 0' for accessory structures. Maximum height of structures - Twenty-five feet (25'). t=L.C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted,,.,,-,,,r> ~,. ~,~,:.,:, ,-~o"~"----'~*~'"T"~o~n"'- Resetwe Community Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. LD. Clearing of preserve areas shall not be permitted if doing so brings the remaining acreage below the minimum requirement of 44.96 acres. PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In add:tion to complying with the provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns including any, the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. 6-2 JUN 2 2003 SECTION VII I GENERAL DEVELOPMENT COMMITMENTS 6.[7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.27.2 GENE~L All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this document. 6.37.3 PUD MASTER PLAN Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Co The following shall be considered minor changes and refinements, subject to the limitations of Section 6.3A of this PUD: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation feature as a result of regulatory agency review. Reconfiguration facilities where such changes are consistent with the criten Florida Water Management District and Collier County, is no further encroachment into preserve areas. of lakes, ponds, canals, or other water management d wh~C~l ~___.~ 7-1 JUN 2 2ffi3 ~47.4 3. Reconfiguration of design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Initiation of construction on the Rcntc LivingstonTuscany Resetwe PUD project is contemplated in the calendar year 29992002 with completion of the project infrastructure anticipated to occur in stages. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Co The project is subject to the sunsetting provisions of Section 2.7.3.4 of the Land Development Code. &57.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the furore 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 Court of Collier County, which shall be binding upon any and all successors in interest to the Developer that acquire ownership of such common areas including, but not limited to. condominium associations, homeowners associations, or community recreation/public buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.67.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A-Proiect landscape buffers and perimeter berm if ~provided shall be in conformance with Section 2.4.4.18 of the Land Development Code:. except as noted below. The berm located adjacent to 1-75 iR.O.W, ma!, includ, terraces, decorative retainina walls not exceeding 5' in he section and decorative architectural f~atures. The berr minimum contain landscape material in accordance wit 7-2 ~t per w~tll [ ' shal}~t~ ~ ~ the at~ove I requirements of the Land Development Code ,-md shall be consistent with Exhibit "B", Interstate 75 Buffer Cross-section. No landscape buffers required adjacent to lakes, golf course or open space tracts, where structures are permitted with 0' setback from said tracts. Fences or walls located adjacent to Interstate 75 and adjacent to fl~e projects northern preserve area shall be pemfitted at a maximum of twelve feet (12') in height and shall be pern~itted on the property line. Sidewalks/bike Paths shall be in conformance with subsection 3.2.8.3.17 of the Land Development Code=. except as noted below. Section 3.2.8.3.17.3: The primary, project entry road and loop road system shall have a minimum eight (8') tbot wide pathway on one side of the street, or a five (5') foot wSde pathway on both sides of the street, which may meander in and out of the right-of-wa,;. The pathway ma'~, be constructed of alternative surfacing material such as crushed shell pavers or stone. Cul-de-sacs shall not be required to provide sidewalks. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the Land Development Code except as follows and thc primary drive be in compliance xxith Exhibit "D". Typical Tuscany Reserve R.O.\V. Cross Section: Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum 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 other cul-de-sacs are required to have a minimum fort5' 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 other local streets are required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the Land Development Code. o Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10 of the Land Development Code. Street grades may exceed the four percent (4%) maximum of Subsection 3.2.8.4.16.14 of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria ar~ met. 7-3 Land Development Code, Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Decorative paver brick patterns of varying color may be utilized to demarcate stop bars and lane striping. Land Development Code, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. Land Development Code, Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 feet with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. Land Development Code, Subsection 3.2.8.4.16.9: The minimum 100 foot tangent standard at intersections may be reduced subject to a certified traffic study based upon design speed, site distance and adequate recovery zone. This requirement shall not be waived at both project access points. 11. Land Development, Code Subsection 3.2.8.4.21' The standard for blank utility casings shall be waived. 1). Lake excavations adjacent to rights-of-ways shall be in compliance with Section 3.5.7.1.1 of the LDC{ except that Lake 5~ as shown on the Conceptual PUD Master Plan ma',' be constructed such that the control elevation is a minimum of 10 feet from the right-of-way line. As shown in Exhibit "E"~ provided that a guardrail or structural wall is constructed in conformance with applicable FDOT guardrail or barrier wall criteria. 6.77.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT)~ as amended~ as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted bv the Florida Department of Transportati~ a (FFI~TI a~ I -.. amended~ as required by Florida Statutes - Chapter 316 Un form~l~'~ Control Law. I~. ! ! ~ 7-4 Ce De Em Fe Ge Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13~ as amended, and will be paid at the time building permits arc issued, unless otherwise approved by the Collier County Board of Commissioners. Anv and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subiect to change~, as determined by Collier County Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health~ safety and welfare of the public. These include but are not limited to safety concerns~ operational circulation issues and road~vay capaciW problems. Any and all median opening locations must be in accordance with the Collier Count~' Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safer3' and welfare of the public. These include but are not limited to safety concerns~ operational circulation issues and roadway capaci .ty problems. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of nor lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer(s): its successor(s) in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices~ as determined bv Collier County Staff. The Developer(s) must provide any and all site related transportation improvement(s) including~ but not limited to, any and all necessary, turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore~ do not qualify, for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) ~-nd/or right turn lane(s)~ are determined to be necessary, right-of-' compensating right-of-way, will be provided in conjunctio'~ improvement(s)~ as determined by Collier County Staff. 7-5 JUN 2 2003 J All work within Collier Coun ,ty right-of-way will meet the requirements of, Collier County Ordinance No. 93-64. All internal access(es)~ drive aisles and sidewalk(s) not located within the County right-of-way will be privately maintained by an entity created bv the Developer(s)~ its successor(s) in title~ or assignee(s). For the north/south Livingston Road segment fronting the ......... Tuscan3 Reserve PUD, the Developer shall dedicate and convey 50 feet of right-of-way in fee simple title along with a 15-foot wide easement for utility and/or right-of-way purposes. For the Livingston Road east/west segment, the Developer shall dedicate and convey 200 150 feet of right-of-way in fee simple title north of the section line of Section 12. This no'nbdso-at!: and east/west specified right-of-way and utility easement shall be transferred to Collier County within 3 months of a ..... ~,~- 1~,, *h~ F~ ..... +-, ^~ ~ l~*~ +h~ I,~,-,.,~o,~, 1 "~£~t~ .,,.T.,;~l~, .... A~*,-, I~ em4ie~rior to the recordation of the Tuscany Reserve Phase II Plat. The developer agrees to release the conservation easement prior to the recordation of the Phase II Plat. The County shall provide appropriate road impact fee Credits for the required right-of-way and utility easement. Collier County shall pay an amount for the right-of-way based on professional land appraisals based on fair market values as it was prior to the rezone. The Developer shall be financially responsible for the cost of revising and supplementing County roadway and utility design plans for Livingston Road to accommodate access, drainage, and utility needs for the Project. As a condition of the approval by Collier County of the permanent access along north/south Livingston Road, the Developer shall obtain a written statement of no objection by the Lee County Transportation Department. I ? 6 JUN 2 ~ 2003 ~The Developer shall provide lake or pond storage for stormwater attenuation and st,vrmwater water water quality for the ultimate four or six lane condition of the proposed east/west Livingston Road segment fronting the Project. Collier County shall determine appropriate compensation to the Developer for such provisions as part of an agreement for roadway access construction and right-of-way conveyance. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such stormwater management commitments as to be determined in the aforesaid agreement. The Developer shall pay its fair share cost of traffic signals required at the Project access points. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer, or its assigns, shall be responsible to install and perpetually maintain noise mitigation/abatement systems along the north/south and east/west segments of Livingston Road. This requirement is based upon noise studies by the Developer together with vehicular traffic forecasts under the 2, 4 and 6 lane conditions. The Developer shall be financially responsible to design and construct approved roadway access and turn lane facilities for north/south an east/west Livingston Road segments on either or both the two-lane and four-lane conditions. ,~.,,7.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Water distribution, sewage cc;llection and 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. All customers connecting to the water distribution and 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. Co 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 project. D n'ing design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future provided to the agreed to by the project. system interconnection with adjacent properties shall be property lines of the project at County and the Developer during the 7-7 JUN 2 ~ 2~3 Rontc Li;.in,zstcnTuscan'~' Reserve Development will be responsible for extending I the utilities to its entrance. re:97.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Curre,--x Pla'ming Environmental Services Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. C° Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas, which shall be platted. Do 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 Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. As required by the Ronto Livingston (Tuscany Reserve) Development Order, the [ petitioner shall follow the United States Fish and Wildlife Service's (USFWS) Standard Protection Measures for the Eastern Indigo Snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan shall be approved by the USFWS and shall include: (1) a protection/education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measures, and (3) selection of a suitable relocation site prior to the initiation of clearing or construction activities. Only on an individual who has previously qualified under a USFWS ESA section 10(a)(1)(A) permit, or who has been appropriately authorized by the Florida Fish and Wildlife Conservation Commission (FFWCC) will be permitted to come into contact with or relocate an Eastern Indigo Snake. 7-8 2OO3 6.107.10 ENGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents are submittal for development approval. Design and constructing of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. 6.1!7.11 Prior to Final Site Development Plan approval a Right-of-Way Permit will be required. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. The petitioner shall obtain all necessary state, federal and local water management related approvals, prior to final development order approval. 6.127.12 The petitioner shall comply with the Regional Planning Council Staff Recommendations regarding water management related conditions, and shall comply with Collier County's Development Order No. DO-99-2. PLANNING 6.137.13 Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal s'ructure except that temporary sales buildings, trailers, marketing facilities, contractors~ and builders' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing consistent with applicable requirements of the Land Development Code. Such temporary buildings shall be removed upon completion of the marketing or construction activity, which they are accessory to. ?-9 fi. 147.14 SIGNS ;~ ~.F'~e~+ ,,* +i-,.~ t; .... 'I~ l'-,,;1--,T;,'~ ....... ;+ .... A. All Collier Count3/ sign regulations in force at the time of approval of this PUI) rezonina action shall apply unless such regulations are in conflict with the conditions set forth in this Section. in which case the PUD Document shall govern. B. Boundary Marker Monuments/Signs: 1. Boundary marker monuments containing project identification signs desinned to promote the proiect or any major use within the project boundaries shall, be permitted on Livingston Road (N/S & E/W segments) and Interstate 75. Boundary marker sign copy area mav not exceed a height of 8 feet (8') above the crown of the nearest road. unless the sien (or wall containinz the sign) is constructed on a perimeter landscape berm. in which case the sign shall not exceed a height of 8 feet (8'). 3. Boundary marker n~onuments/sio~ns max.; be liahted provided all lights are directed to the sign or are shielded. 4. A maximum of six (6) boundary marker nmnuments/sim~s shall be permitted, with a maximum of two-boundary marker sien.s located atona Interstate 75. 5. The sien t~ce area of each side of'tile boundary marker monument.~sim~s may not exceed 64 square feet for those located on Livingston Road and 72 square feet for those located alonz t :": .... ~--- Rcadlnterstate 75 (I-75). Decorative architectural elements may be incorporated into the sim~ structure: however the architectural treatment shall not exceed a heitzht of fifteen feet (15') from the base of the sign copy. Each side of a boundary marker monmnent/signs may contain individual project. or direction identifications {message areas), as long as the total sign lace area does not exceed the square feet of area identified in S~ction 7.145. C. Project Entrance Si~s: Three ~ound or wall-mount entrance signs maybe located at each proiect entrance on Livin~,ston Road includ'ng both sides of the entrance riaht-of-wav ,m~d in the entry median. Such signs may contain only the name of the subdivision, and the insignia or motto of the development. No sitm face area may exceed 80 square feet and the total sign face area of Entrance Signs may not exceed 160 square i~et. The sian face area shall not exceed the height or length of the wall or monument upon which it is l{ The setback for the siilns from Livingston Road rights-of-wav and an property line shall be 5 feet. 7-10 r~eriml~'~ - JUN 2 !12003 Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished tmide shall be considered to be no treater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. Subdivision Signa~e: 1. A maximum of three residential mid communiw facilities entrance signs mas' be located at each subdivision entrance including both sides of the entrance street and within the entry median. Setbacks from internal road fight-of-way may be zero feet (0'). Such signs may be used to identi~, the location of nei~.~borhoods. clubhouse, recreational areas and other features within Tuscany Reserve. Individual si~zns may be a maximum of 80 square feet per sign face area. Such sitzns may have a maxinmm height of 12 feet. 2. Directional or identification sirras may be allowed internal to the subdivision. Such siens may be used to identil\.' the location or direction of approved uses such as sales centers, model centers, recreational uses. infom~ation centers, or the 6.157.15 individual components of the development. Individual signs may be a nmximum of 6 square feet per side or sim~s maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum heizht of 8 feet (8'). Residential and community facilities entrance si=mqa,o, qe decorative walls and architectural features shall be permitted consistent with Exhibit "C" Tx/pical Estate Entry Feature. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.167.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHERN MATERIAL The excavation of ea,X5ernearthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of ~arthen material, then its of-site di'posal is also hereby permitted subject to the following c~n~ticm~conditions: ho Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Collier County Land Development Code whereby off-site removal shall be limited to ten percent (to a~ 20,000 cubic yards) of the total volume excavated unless a commerci permit is received. 7-11 "i fl ex~vation I ?0. JUN 2 q 2003 All other provisions of said Division 3.5 of the Collier County Land Development Code are applicable. 7-12 I I I I I.A~E 2 II I I I RESIDENTIAL - 11 8.1 Ac. ~ GOLF opEN ~PACE- 262.7 PRESER~I~ - sg.0 VILLAGE CENTER - 21.5 NOTE: LAND USE AREAS CONCEPTUAL AND SUBJECT TO RE-LOCATION/ CHANGE PRIOR TO CONSTRUCTION PERMITTING LMNGSTON ROAD E/W I LA,K~ 14 HiGH VILLAGE CENT~,' (2,.. ~.). / 1-75 Tampa · Fort Myers ~ OLRVL=~lt~3 FortMy~, Flower. 33012 m· ENV~ONMENTAL r--'"~".d~l'tNG Phone: 941-482-7275 FAX: 941 .-482-2103 PUD MASTER PLAN EXH :::I ITI~L=~ .,i P~po~d Fort ~ ~(~ o~/~o/o2 I~:: V~S'r.;TR-03o -_ 1/24/03 PRESERVE ACREAGE 8/Y~, )F 1 ~0 ®®® fi) ~' ~,~v ~. HEIDT & AS~OOIATES, Ino. ~ Tampa * FortMyer~ Ptlon~ 9~11-482-7275 I. ANO~::~=E ~ FAX: 941-482-2103 ;~s[o ~/2o/o= TUSI~ANY RESERVE JUN 2 ~1. ~ 1SV3 TUSCANY REEBERVE DRIVE EXHIBIT D JUN 2 4 2003 ~'mu~ m': HEIDT & ASSOCIATES, Inc. ~Tampa · Fort Myers I ~ ~2-7~5 L TUSCANY RESERVE DR, EXHIBIT E Prepared For:. ~ EXECUTIVE SUMMARY PETITION PUDZ-02-AR-3161, MR. ROBERT DUANE OF HOLE MONTES, INC., REPRESENTING THE BOTANICAL GARDENS INC., REQUESTING A REZONE FROM "C-3", "RSF-3", "RSF-4", "RSF-5", "RMF-6", AND "PUD" TO PUD, PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE NAPLES BOTANICAL GARDEN PUD CONSISTING OF AN EDUCATION CENTER, CONSERVATORY, EXHIBITION GALLERY, MAINTENANCE NURSERY, PEDESTRIAN WAYS THROUGH VARIOUS GARDEN AREAS AND A THEATER FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject 171.2 acre site as noted above to allow for a botanical garden that is consistent with all the applicable codes and regulations and to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The proposed Naples Botanical Garden development is designed to be a living museum of tropical and subtropical gardens. It also provides visitor amenities including a visitor center, amusement center, gift shop/retail venues, dining/bakery and dormitory housing for the research center. Access to the facility will be provided from both Bayshore Drive, which includes four entrances (the main entrance, service entrance, nursery entrance, and events entrance). The access on Thomasson Drive will be to the research center and an access to a maintenance facility. The preserve areas that surround the gardens comprise approximately 56.4-acres or 32.9 percent of the total site area. The garden area comprises 66.8 acres or 39 percent of the total site area while the building and parking areas are 15.1 acres in size. Lastly, the remaining areas including sidewalks, lakes and lagoon comprise 32.9 acres. Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comments. The site-generated trips are estimated to be approximately 427 vehicles per day, 47 A.M. Peak Hour Trips, and 89 P.M. Peak Hour Trips. The project will not significantly impact on Bayshore or Thomasson Drives within the radius of development influence (RDI). In addition, the project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5% of the peak season, peak hour service volume). The projected traffic volume in 2014 (build-out) will not lower the level of service below any County roads adopted minimum standard. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Because the subject site abuts roadways on three sides and a preserve area to the south, no interconnection appears feasible. Therefore, this petition is consistent with Poliei~a 5.1, 5.2, and 9.3 of the Transportation Element of the GMP. ~_lq '~ PUDZ-02-AR-3161, 1 ]ON 2 q ~3 Naples Botanical Garden FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts 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. The following impact fees will be applicable to the 171 acre botanical garden: The project provides 171 acres of nonresidential botanical garden uses. The total amount of impact fees collected at build-out will total $1,626,718.50. It should be noted that because impact fees vary by land use type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized its authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. GROWTH MANAGEMENT IMPACT: All of the subject property is located within the Urban Mixed Use District, Urban Coastal Fringe Sub- district (UCF) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) to the Growth Management Plan (GMP). Also, the site is in the Traffic Congestion Area (TCA). A review of consistency relationships with elements of the GMP is as follows: The purpose of this Sub-district is to provide transitional densities between the Conservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). This district is also intended to accommodate a variety of non-residential uses, including mixed-use developments such as Planned Unit Developments; parks, open space and recreational uses; and community facilities. Based upon the above analysis, staff concludes the proposed Botanical Garden uses for the subject site can be deemed consistent with the FLUE. ENVIRONMENTAL ISSUES: The Environmental Review Staff has reviewed the applicant's Environmental Impact Statement (EIS) and has recommended approval subject to the Environmental Development Commitments now included in the PUD Document. These conditions include a requirement that the de surface water management permit from the South Florida Water Management Distri~ PUDZ-02-AR-3161, Naples Botanical Garden temp~ Inl~dition, at It~ JUN 2 q 2003 the time of site development plan or preliminary subdivision plat review, the stormwater system plans shall be approved by Collier County. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental staff has developed conditions of approval that were presented to the Environmental Advisory Commission (EAC) on February 5, 2003. The EAC recommended approval of the EIS by a vote of 6 to 0 with one abstention. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on June 5, 2003 and by a voted 8 to 0 to forward Petition PUDZ-02-AR- 3161 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the provision of perimeter sidewalks as provided for in the PUD document. The Planning Commissioners found that this petition is consistent with the GMP and to be compatible with the surrounding development. It should be noted that staff has not received any correspondence for or against this petition; therefore, this petition has been placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of' Petition PUDZ-02-AR-3161 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: PUDZ-02-AR-3161, Naples Botanical Garden 3 JUN 2 2003 PREPARED BY: RAY B~LOWS, CHIEF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: MARGARET~ERSTLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: ,~O~EPU k. sd~fM?t~' XDM~STRA O / C/hMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDZ-02-AR-3161, Naples Botanical Garden JUN 2 ~ 2003 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MAY 15, 2003 PETITION NO: PUDZ-02-AR-3161, NAPLES BOTANICAL GARDEN PUD AGENT~APPLICANT: Agent: Robert Duane Owner: Hole Montes, Inc. 950 Encore Way Naples, Florida 34103 Naples Botanical Garden Inc. 4820 Bayshore Drive Naples, FL 34112 GEOGRAPHIC LOCATION: The subject PUD is located on the southwest comer of Bayshore Drive and Thomasson Drive in Section 23, Township 50 S, Range 25 E. (See illustration on following page) REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject site from the "RSF-3", "RSF-4", "RSF-5", "RMF-6", "C-3", and "PUD" Zoning Districts to "PUD" Planned Unit Development to be known as Naples Botanical Garden PUD allowing for a botanical garden and related facilities. PURPOSE/DESCRIPTION OF PROJECT: The proposed 171-acre Planned Unit Development consists of a conservancy, education and research center, exhibition gallery, maintenance nursery, and theater. The proposed botanical garden development is designed to be a living museum of tropical and subtropical gardens. The Naples Botanical Garden provides visitor amenities including a visitor center, amusement center, gift shop/retail venues, dining/bakery and housing for the research center. Access to the facility will be provided Bayshore Drive, which includes four entrances (the main entrance, servic Naples Botanical Garden PUD (AR-3161) dormito~ . fi:om ~a~l~A nl]l~. en~la,nce, ~ "]'_ ~, JUN 2 q 2003 JUN 2 ~ ~3 nursery entrance, and events entrance). The access on Thomasson Drive will be to the research center and an access to a maintenance facility. The preserve areas that surround the gardens comprise approximately 56.4-acres or 32.9 percent of the total site area. The garden area comprises 66.8 acres or 39 percent of the total site area while the building and parking areas are 15.1 acres in size. Lastly, the remaining areas including sidewalks, lakes and lagoon comprise 32.9 acres. This results in a total project area of 171.2 acres. SURROUNDING LAND USE AND ZONING: Existing Conditions: A portion of the subject site was developed with a commercial center while the remaining lands are undeveloped and zoned "RSF- 3", "RSF-4", "RSF-5", "RMF-6", "C-3", and "PUD". Surrounding- North: East: South: West: Thomasson Drive and developed residential and vacant commercial zoned RMF-6 and C-3. Bayshore Drive and developed commercial/residential and is zoned C-3, C-5, RMF-6 and VR. Undeveloped portions of the Collier DRI. Partially developed residential that is zoned RSF-4 & Collier DRI. Naples Botanical Garden PUD (AR-3161 ) JUNi,,I. 201B J GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban Mixed Use District, Urban Coastal Fringe Sub-district CtJCF) as identified on the countywide Future I. and Use Map and in the Future Land Use Element (FLUE) to the Growth Management Plan (GMP). Also, the site is in the Traffic Congestion Area (TCA). A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The purpose' of this Sub-district is to provide transitional densities between the Conservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). This district is also intended to accommodate a variety of non- residential uses, including mixed-use developments such as Planned Unit Developments; parks, open space and recreational uses; and community facilities. Based upon the above analysis, staff concludes the proposed Botanical Garden uses for the subject site can be deemed consistent with the Future Land Use Element. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated trips are estimated to be approximately 427 vehicles per day, 47 A.M. Peak Hour Trips, and 89 P.M. Peak Hour Trips. The project will not significantly impact on Bayshore or Thomasson Drives within the radius of development influence (RDI). In addition, the project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5% of the peak season, peak hour service volume). The projected traffic volume in 2014 (build-out) will not lower the level of service below any County roads adopted minimum standard. Therefore, this petition is consistent with the Transportation Element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment is required. The petitioner submitted a survey by Robert Can' that indicates that the site contains two prehistoric archaeological sites. The Collier County historical and Archaeological Preservation Board reviewed the survey and assessment on MarcOr 19, 2003 and they recommended approval subject to the findings contained in the survey and assessment (Exhibit "C'). In addition, the archaeological sites have been placed within conservation areas as designated on the PUD Master Plan. Naples Botanical Garden PUD (AR-3161) ENVIRONMENTAL~ TRANSPORTATION & 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 GMP and LDC requirements. The Environmental Review Staff has reviewed the applicant's Environmental Impact Statement (EIS) and has recommended approval subject to the Environmental Development Commitments contained in the EAC Staff Report (Exhibit "D") and the PUD Document. This includes a requirement that the developer obtain a surface water management permit from the South Florida Water Management District. In addition, at the time of site development plan or preliminary subdivision plat review, the stormwater system plans shall be approved by Collier County. This petition was presented to the Environmental Advisory Council (EAC) on February 5, 2003 and they recommended approval of the EIS by a vote of 6 to 0 with one abstention. The Transportation Department has recommended that the PUD Document and Master Plan be revised as follows: The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of- way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. The subject development turn lane improvements include: On the east approach of Thomasson Drive a separate left turn lane for the westbound to southbound traffic movement into the Research Entrance/Parking Area of the subject project site shall be provided. On the south approach of Bayshore Drive a separate right turn lane for the northbound to eastbound traffic movement onto Thomasson Drive shall be provided. On the north approach of Bayshore Drive a separate fight turn lane for the southbound to westbound traffic movement into the Main Entrance/Visitor Parking Area of the subject project site shall be provided. On the south approach of Bayshore Drive a separate left turn lane for the northbound to westbound traffic movement into the Main Entrance/Visitor Parking Area of the subject project site shall be provided if said improvement is determined as necessary at a later date or when the overflow parking facility to the south and on east side of Bayshore Drive is improved/opened. When said turn lane improvement, is determined to be necessary, fight-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement, as determined by Collier County Transportation staff. On the north and south approach of Bayshore Drive a separate right turn lane for the southbound to westbound traffic movement and left turn lane for the northbound to westbound traffic movements into the Events Entrances/Parking Area of the subject project site shall be provided if said improvements are dete~ necessary at a later date. Im. lC/ Naples Botanical Garden PUD (AR-3161) JUN 2 2003 EVALUATION: 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 overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial. These evaluations are completed as separate documents and are attached to the staff report. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Relationship to Future 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 (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the PUD. The proposed botanical garden is consistent with the FLUE that permits nonresidential uses including parks and museums. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: The petitioner's stated intent is to primarily construct a botanical garden, which includes an education center, exhibition gallery, maintenance nursery, and theater component. These botanical garden uses shall be developed with a unified architectural theme and permit a maximum height of three habitable stories. However, the Tropical Rainforest Conservatory shall be permitted to be 85 feet in height to the cave and one hundred and twenty feet to the peak. Accessory structures shall be permitted at a maximum height of 25 feet. In addition, the minimum setback is 50 feet on all sides of the property for principal structures. However, the existing administration building located at the intersection of Bayshore and Thomasson Drives shall be permitted a minimum setback of 15 feet from Bayshore Drive after the optional conveyance of right-of-way for the widening of Bayshore Drive. Maintenance structures along Bayshore Drive shall be permitted a minimum setback of 30 feet. Accessory structures shall be set back 20 feet from property lines where landscaping buffers are required. The subject property is adjacent to existing commercial uses to the north and east that provide similar or less restrictive development standards. For example, the C-3 and C-5 districts permit a maximum height of 50 feet and a maximum of 35 feet respectfully. The setbacks in the C-3 and C-5 districts require 25 feet in the front and 15 feet in the side and rear yards. The subject site is also located near preserve tracts of the Collier DRI to the south and west. As a result, the proposed development stand~ rds ~x~,~ ~ not adversely impact the adjacent properties. Naples Botanical Garden PUD (AR-3161) JUN 2 4 ZO(O STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDZ-02-AR-3161 to the Board of County Commissioners with a recommendation for approval subject to staff stipulations that have been incorporated into the PUD Document. PREPARED RA?d~BELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: ~UfAN MURRAY, AICP, MANAGER / CU~T PLANNING SEC~~ / JqSEPH K./6CHMITT, AJgMINISTRATOR / (JOMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the June 5, 2003 CCPC meeting. COLLIER COLrNTY PLANNING COMMISSION: RVB/rb/STAFF REPORT/AR-3161 Naples Botanical Garden PUD (AR-3161) JUN 2 REZONE FINDINGS PETITION PUDZ-01-AR-3161 Section 2.7.2.5. of the Collier County Land and recommendations of the Planning Commissioners shall show that the Planning proposed change in relation to the following, Development Code requires that the report Commission to the Board of County Commission has studied and considered the where applicable: Whether the proposed change will policies of the Future Land Use Management Plan. be consistent with the goals, objectives & Map and the elements of the Growth The subject property is located within the Urban Coastal Fringe as depicted on the Future Land Use Element (FLUE) of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed Naples Botanical Garden PUD is in compliance with the FLUE of the GMP. 2. The existing land use pattern; As noted in the staff report, the subject site is adjacent to an approved commercial retail store to the east that is zoned C-5 to the east and multi-family residential that is zoned RMF-6 and single family residential. To the north is C-3 and multi- family residential zoned RMF-6. The proposed botanical gardens provide the required landscaping to buffer the education center, exhibition gallery, and maintenance nursery from the adjacent residential uses. 0 The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject site is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. In addition, the site is adjacent to existing commercial uses. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The properties to the east and north are zoned C-3 and C-5 and they allow similar commercial uses to those accessory uses such as dining facilities, an education center, exhibition gallery, and maintenance nursery. Naples Botanical Garden PUD (AR-3161) EXHIBIT "A" JUN 2 ZOO3 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the approved and existing commercial C-3 land uses on the subject site and because of the project's relationship to the GMP is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed Naples Botanical Garden PUD will not adversely influence living conditions in the nearby residential neighborhoods to the north and east because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the nearby residential areas. 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. The evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion below adopted standards. Additionally certain traffic management system improvements are required as a condition of approval (i.e. mm lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. In addition, the property fronts directly on Bayshore and Thomasson Drives, which are public road thereby providing access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. 8. Whether the proposed change will create a drainage problem; The LDC specifically addresses the required drainage standards that are needed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. 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. The Naples Botanical Garden Naples Botanical Garden PUD (AR-3161) reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The project's development standards are compatible with the approved zoning on the adjacent property to the east and north. In addition, the maximum height for the structures as provided for in the proposed PUD is compatible with the heights allowed on the adjacent properties. The overall development standards are compatible with the standards listed in the LDC, which are designed to protect the circulation of light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. Property valuation 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. Lastly, no information has been presented that would indicate that the proposed rezone will adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Staff is of the opinion that the proposed landscaping and buffer requirements along with the proposed development standards gives reasonable assurance that the change in zoning to the Naples Botanical Garden PUD will not result in a deterrence to improvement 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; The proposed Naples Botanical Garden PUD complies with the GMP, which contain public policy statements supporting zoning actions when the policies are consistent with said plans. 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. Naples Botanical Garden PUD (AR-3161) 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed botanical garden use complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. In addition, the subject PUD is designed in a manner that is compatible with the surrounding existing and undeveloped commercial and residential projects in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The primary determining factors of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical 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. The extent of site alteration will be determined as a function of obtaining Site Development Plan approval to execute the PUD's 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. The applicable multi-disciplined teams responsible for jurisdictional elements of the GMP have reviewed the subject Naples Botanical Garden PUD and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. Naples Botanical Garden PUD (AR-3161) 10 FINDINGS FOR PUD PUDZ-02-AR-3161 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical chnracteristics of the land, surrounding areas, traffic and access, drninage, sewer, water, nnd other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Naples Botanical Garden PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other 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. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas within this project. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The Naples Botanical Garden PUD has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow botanical gardens, museums and educational facilities consistent with the LDC. These uses are also consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. w The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. EXHIBIT "B" Naples Botanical Garden PUD (AR-3161) 11 e The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. This petition seeks to provide botanical garden that is adjacent to commercial zoned properties and multi-family uses. In addition, this project will not adversely impact any adopted level of service standard. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This finding essentially requires an evaluation of the extent to which development standards proposed for thir PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. Naples Botanical Garden PUD (AR-3161) 12 A Phase I Archaeological Assessment of the Naples Botanical Garden Parcel, Collier Count, Florida f by ~ohn G. Beriault, B.A. conducted under the direction of Robert S. Cart, M.S. Archaeological and Historical Conservancy for Todd Turrell & Associates, Inc. EXHIBIT "C" AHC Technic, al Report #384 Augu~q 2002 Site Name: State Site Number: Environmental Setting: Location: Site Type: Site Function: Description: Chronology: Collections: Previous Research: Preservation Quality: Ownership: Significance: Summary of Site~ Myrtifolia Camp $CR845 Xeric sandhill scrub area Range 25E, Township 50S, Section 23 Short-term, special use site Habitation, resource procurement elevation ot me s .~e Sandhill scrub vegetatton includes scrub oak, round chapman, saw palmetto, and slash pine. The "patchy" configuration of shell refuse suggests the area may have been a seasonal camp or use/activity area with one or more episodes of limited activity in well-defined areas of the site. Shell refuse was recovered to a depth of 25 to 35 em (ST # Prehistoric: Glades 1-177 Food shell, predorninately oyster and clam, one body sherd of sand-tempered plain ceramics (FS # 1-3, 5-9) Iqone C~od~ the orfly disturbance seems to be gopher tortoise burrowing Private, not-for-profit Site is of local significance, but based on available dam is not potentially eligible for listing on the National Relister of Historic Places. JUN 2 21 3 I I I I I I ! ! i ST-18 ',, ST-16 ST (NOT DUG) .~ \\ ST-10 ST-11 ST-13 12 $T-22 ST-20 ST-21 ~ r/ _. [] -L' ST-1 \ \ \ \ ST-15 ST-14. I / t / / / / / / / Figure 7. Myrtifolia Camp Site, 8CR845, · = Positive Shovel Test . ' I · = Negative Shovel Test ~ = Surfacial Shell Scatter · = Datum Point CONTOURS IN POSITIVE 10 CM. INTERVALS Showing Shovel Tests, and Shell Features Area of Archaeological Sensitivity 0 25 50 Feet a i Site Name: State Site Number: Environmental Setting: Location: Site Type: Site Function: Description: Chronology: Collections: Previous Research: Preservation Quality: Ownership: Significance: Gardens of Asia 8CR846 Xeric sandhill scrub area Range 25E, Township 50S, Section 23 Use-activity area/extractive site Habitation, resource procurement Thekite is located on alm rise, approximately 3500 square meters in size. Scrub oak and saw palmetto are present. The site may be a single-artifact site. The only cultural material observed was a single oyster shell found surfacially in the northeastern quadrant of the site. Prehistoric: Glades Period, unspecified Food shell, a single oyster shell (FS #3) None Good, the burrowing only disturbance seems to be gopher tortoise Private, not-for-profit Site is regarded as having minimal significance, and based on available data is not potentially eligible for listing on the National Register of Historic Places. I I Recommendations archaeological sites, $C1K$45 and $CR$46..In The archeological assessment of the Naples Botanical C. mrden Parcel resulted in the documentation of two prehistoric, is recommended that the archaeological site be accordance with County statu~es, it preserved as a green space = part of any proposed development of the parcel. If' preservation of all or parts of the site is not feasible, then additional archaeological excavations and monitoring ar'- recommended to act as mitigation for any adverse impacts to the sites. _Manaeement Guldeline_s Any clearing, grubbing, or development within the site boundaries of $C1K$45 and $C1K$46, or within 100 feet of its boundaries, will require careful coordination and monitoring with the consultant archaeologist. The following actions will be necessary to protect and manage the sites if they are preserved and if clearing activities occur adjacent to the site areas: , Prior to any clearing or grubbing activities, a temporary construction fence should be placed around the site boundaries- Although the sites lie in discreet elevated hammocks, additional testing may be necessary to clearly determine the site boundaries. · Any clearing of the sites (i.e. removal of exotic vegetation) will need to be conducted by hand clearing. No equipment should be used to clear the sites or to remove debris from the site areas. , All clearing, grubbing, and subsurface alterations (i.e. utility ditches, roads, :' planting) within 100 feet of the sites should be subject to archaeological monitoring. ' . Any clearing of Target 4 should be subject to monitoring Il'all or parts of the sites are to be impacted and preservation is not feasible, then :al investigations should be conducted to recover cultural materials and to the sites. These investigations will act as mitigation for any adverse impact to .... a thorough and systematic effort was made to document additional site areas on without posifve results, there is still the potential of other small lites, features or artifacts existing, mad should subsequent development ii ~t'ort~ should be made to protect or document these resources. If human then the guidelines for State Statute 872.05, the Unmarked Human apply. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF FEBRUARY 5~ 2003. III. NAME OF PETITIONER/PROJECT:. Petition No.: Petition Name: [ Applicant/Developer: ~ Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUDZ-2002-AR-3161 Naples Botanical Garden PUD Naples Botanical Garden, Inc. Hole Montes, Inc. Tun'ell and Associates, Inc. LOCATION: The subject property totals approximately 171 acres in size and is located at the southwest comer of Bayshore Drive and Thomason Drive in Section 23, Township 50 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES.: Surrounding properties include developed and undeveloped parcels. Most of the land to the south of the subject property is undeveloped. ZONING DESCRIPTION R.O.W. RMF-6 C-3 Thomasson Drive Partially Developed Undeveloped PUD (Collier DRI) R.O.W. C-5 RMF-6 VR RSF-3 C-2 RSF-4 pUD (Collier DRI) Undeveloped Bayshore Drive Developed Partially Developed Partially Developed Undeveloped Partially Partially EXHIBIT "D" JUN 2 ~ ~ EAC Meeting Page 2 of 8 Ve R.O.W. PUD (Windstar) PUD (Southpointe Yacht Club) RMF-6 C-3 PUD (Collier DRI) Fern Street Developed Developed Partially Developed Partially Developed Undeveloped PROJECT DESCRIPTION: The petitioner is proposing a rezone the subject 171-acre site from C-3, RSF-3, RSF-4, RSF-5, RMF-6, arid Planned Unit Development (PUD) to PUD to be known as Naples Botanic~ Gardens PUD consisting of a conservatory, education center, exhibition gallery, nursery, and theater. It should be noted that 69-Z'_ acres from the Collier Development Corporation (CDC) PUD/DRI shall be incorporated into this PUD by remo':~ng the acreage from the present DRI into the Botanicai Garden PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict; as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Coastal Fringe Subdistfict permits residential development (variety of unit types) at a base density of 4 DU/A. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments; parks, open space and recreational uses; and community facilities. Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: The proposed project is consistent with Policy 6.1.1 for the following reasons: 1. Greater than 25 % of the existing native vegetation is being retained on-site and set aside as preserve areas. 2. A preliminary restoration plan for the preserve areas is included in the environmental impact statement. This plan will be finalized at the time of Site Development Plan approval. 3. Connectivity of on-site preserve areas to adjoining wetlands maintained. syst EAC Meeting Page 3 of 8 Vie 4. The majority of gopher tortoise habitat and xeric scrub are being retained on- site. 5. Impacts to preserve areas will be minimized by meandering trails and boardwalks around gopher tortoise burrows and existing native vegetation, to the extent possible. The project is consistent with Policy 6.1.4 in that an exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan approval. A stipulation to this effect has been added to the PUD document. The requirement for an Environmental Impact Statement pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits are required at the time of Site Development Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, the required preservation areas have been identified on the PUD master plan. Allowable uses within preserve areas are included in the PUD document. A wildhfe survey for listed species was conducted for the project and included in the Environmental Impact Statement (EIS). In accordance with policy 7.1.2, wildlife habitat management plans will be required at the time of Site Development Plan approval. Copies of the EIS will be forwarded to the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) for their review and comment. MAJOR ISSUES: Stormwater ManaRement: Naples Botanical Garden PUD is a 177.3 acre project located on the south side of Thomasson Drive, east of Bayshore Drive. A 10.2 acre out-parcel is located on the east side of Bayshore Drive, north of Pine Tree Drive. The site is located within the Miscellaneous Coastal Basins. There is a County stormwater maintenance facility adjacent to the east side of the out-parcel. The proposed drainage system will be divided into three basins. The stormwater system will be desi SFWMD and Collier County rules an regulations for a 25-year and for water quality. The discharge will be limited to 0.15 CFS/AC, )e JUN 2 4 2003 EAC Meeting Page 4 of 8 directed to the south, which will ultimately reach the southernmost part of the Lely Canal. Off-site flows will be conveyed through the existing marshes and wetlands of the project. Environmental: Site Description: The subject property is approximately 171.2 acres in size and vegetated with a mixture of wetland and upland habitats. Native plant communities found on site include palmetto prairie, coastal scrubby flatwoods, hydric and non-hydric pine flatwoods, mixed wetlan~l hardwoods, mangrove swamp, freshwater marsh and saltwater marsh. Also o~ the property are several borrow pits, disturbed/cleared areas and near monoculmres of Melaleuca and Brazilian pepper. Water '.evels in the wetlands were determined by examining Hgh water mark indicators on various U'ees throughout the property. These marks were then compared to known benchmark elevations. The average high water level on the site was determined to be approximately 3 feet NGVD. The soils found on the project site are Immokalee Fine Sand (Unit 7), Pomello Fine Sand (Unit 15), Basinger Fine Sand (Unit 17), Estero and Peckish Soils, frequently flooded (Unit 53) and Urban Land Immokalee Oldsmar Limestone Substratum Complex (Unit 34), the locations of which are identified in Exhibit #3 of the Environmental Impact Statement (ELS). Of these, Units 17 and 53 are listed as hydric by the Natural Resources Conservation Service. Wetlands: South Florida Water Management District and U.S. Army Corps of En~neers jurisdictional wetlands comprise approximately 78.8 out of 171.2 project acres (about 46% of the site). Wetlands include hydric Brazilian pepper {FLUCFCS Code 422), Melaleuca (FLUCFCS Code 422), mangrove swamp (FLUCFCS Code 612), mixed wetland hardwoods (FLUCFCS Code 617), hydric pine flatwoods (FLUCFCS Code 625), freshwater marsh (FLUCFCS Code 641) and saltwater marsh (FLUCFCS Code 642). Also on the property are about 8 acres of Other Surface Waters. The project as proposed will impact approximately 32.9 acres of wetlands (42% of the wetlands on-site). Exhibit g4 in the ELS provides a complete acreage breakdown by wetland type, impacts and preservation. In order to offset adverse environmental impacts resulting fi'om development activities, the plan provides for preservation and restoration of the remaining as well as preservation of upland habitat within and adjacent to the £AC Meeting Page 5 of 8 preserve. The main preserve is approximately 51.5 acres in size and comprised of 41.7 acres of wetlands and 9.8 acres of uplands. An additional 1.3 acre cypress preserve will be retained in the northern portion of the project and another 3.5 acres (2.9 acres wetlands & 0.6 acres uplands) will be retained on the 10 acre parcel located on the east side of Bayshore Drive. For details of the proposed mitigation plan, see Exhibit #5 of the EIS. The project design concentrates impacts in areas that have been previously or historically impacted. Portions of the property have been used for nursery operations and about 30 acres of the property were permitted for residential development but after initial roadwork, no residences were constructed. The level of Exotic vegetation infestation is heavy in many areas. All of the proposed development will take place in impacted wetlands or uplands areas. The proposed wetland preserve is contiguous on-site and the connection to off-site wetland areas has not been disturbed. All pedestrian traffic through the wetlands will be via r~i~,ed boardwalks with handrails so that pedestrian impacts into the preserve areas will be minimized. Preservation Requirements: Approximately 56.4 acres (32.9 % of the site) will be preserved as entirely native habitat. Other areas not specified as preserve will largely remain vegetated, however they will not be restored with entirely native vegetation. Pursuant to section 3.9.5.5.3 of the Land Development Code, a minimum of 25 % of the native vegetation on site (105.9 acres x .25 = 26.5 acres) will have to be retained on site. Areas devoid of native vegetation or having greater than 75 % canopy coverage of Melaleuca were excluded from the calculations. Listed Species: Coordination with state and federal wildlife agencies highlighted certain species that could potentially utilize the site based on the vegetative communities present. Special attention was given to observation or location of evidence of these species. The federally listed species highlighted as potentially using this site included Bald Eagle, Wood Stork, Scrub Jay, Indigo Snake, and American Crocodile. The State listed species highlighted as potentially using this site included Bald Eagle, Wood Stork, Scrub Jay, Indigo Snake, American Crocodile, and Gopher Tortoise. Aerial photographs and a FLUCCS map were consulted and areas of specific interest were identified prior to arriving on-site. A system of transects were followed throughout the subject area. Fieldwork took August, October, November, and December 2000, and JUN 2 2003 VIIi EAC M~ting Page 6 of 9 August 2001. A total of 72 hours has been spent on site devoted to this wildlife survey. Field time was spent in at least 2 ½ hour blocks during early morning (sunrise), md-morning (9-12), mid-day (12-3), late afternoon (3-6), and evening (sunset). During the survey period the only federally protected species observed were the Bald Eagle and the Wood Stork. An active eagle nest was located on the site and the parent birds fledged one hatcbling in 1987-88 and then abandoned the nest. It fell out of the supporting Australian pine tree in 1992 and no known nesting has taken place on the property since then. The closest known active eagle nest is located approximately 0.5 mile southwest oft he property. The Wood storks observ~d during the survey period were seen foraging in the ditch adjacent to the property along Fern Street. There were several State protected species observed on the subject site. The use of the majority of the development area as garden spaces will also provide preserve areas and lake shoreline areas that will continue to support the wading bird utilization of the site. A total of 132 active and 95 inactive gopher tortoise burrows are located on site. All located gopher tortoise burrows were marked with surveyor's tape for later GPS location. The garden planners will take into account the gopher tortoises present and plan the areas appropriately to provide habitat and protection for the resident population. The majority of the tortoise population area will be preserved as native habitat with only pedestrian pathways through it. Relocation of gopher tortoises is not proposed. RECOMMENDATIONS: Staff reeommencls approval of Planned Unit Development No. PUDZ-2002-AR- 3161 "Naples Botanical Garden PUD" with the following stipulations: Stormwater Management: 1. This project must obtain a surface water management permit from the South Florida Water Management District. Collier County Stormwater Section will review and approve the stormwater system.. Environmental: No additional stipulations. EAC M~eting Page 7 of 8 PREPARED BY: , _ ',. ,, />: ,~ /," ! gTAN ~ow~. r.~. ENGINEER SENIOR DATE ~. ADkR~S ~OR. P.S. ENGINEER SENIOR DATE $~fiPH~N j~ENBERGER ENVIRONMENTAL SPECIALIST DATE REVIEWED BY: BARBARA S. BURGESON ,:57 PRINCIPAL ENVIRONMENTAL SPECIALIST DATF., JUN 2 ~ 2003 EAC Meeting Page 8 of 8 THOM~'g E.-KOCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR W~ D. LORL~Z, Jr., I~.E. ENVIRONM]ENTAL SERVICES DEPARTMENT DIRECTOR ~1- ZZ- oE DATE PLANNING ~RVICES DEPARTMENT DIRECTOR DATE APPROVED BY: ENVIRONMENTAL SERVICES C-' SUSAN MURRAY, AICP CURRENT PLANNING MANAGER JUN 2 ~ 2003 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: ~ Commission District: PUDZ-2002-AR-3161 PROJECT #2002090102 DATE: 10/2/02 - RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) NAPLES BOTANqCAL GARDEN INC. Applicant's Mailing Address 4820 BAYSHORE DRIVE City NAPLES State FL Applicant's Telephone # 239-643-7275 Name of Agent ROBERT DUANE Firm Agent's Mailing Address 950 ENCORE WAY City NAPLES State Agent's Telephone # Agent's E-Mail Address: Zip 34112 Fax # 239-649-7306 HOLE MONTES INC. FL Zip 239-254-2000 Fax # 239-254-2099 BOBDUANE~HOLEMONTES.COM 34110 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 W:\ 1999\ 1999104XRLD~PUD_Rezone_(R)_petition.doc Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address N/A City State ~ Zip Name of Civic Association: Mailing Address N/A City State ~ Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership W :\ 1999\ 1999104XRLD~PUD_Rezone_(R)_petition.doc JUN 2 q 2003 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. 501C3 NOT FOR PROFIT CORPORATION Name and Address, and Office Percentage of Stock Linda G. White, Chairman Juliet C. Sproul, Vice Chairman Richard C. Benson, Treasurer Thomas M. Berger, Assistant Treasurer Catherine K. Ware, Secretary Christie L. Brighton, Secretary Sondra Quinn, President and CEO (The address for all officers listed above is 4820 Bayshore Drive, Naples, FL 34112) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or vartners. Name and Address Percentage of Ownership W:\ 1999\1999104LRLDXPUD_Rezone_(R)_petition.doc Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or trust. Name and Address parties, list all go Date subject property acquired (see attached deeds) leased ( ): lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date Term of and date option ho o Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the propertv covered bv 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. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 23 Township: 50 South Range: 25 East Lot: Block: Subdivision: N/A Plat Book Page #:__ Property I.D.#: See attached list of folio numbers Metes & Bounds Description: See attached survey o Size of orooert~: fi. X fi. = Total Sq. Ft. / acres Address/general location of subiect propert)': located at the S.W. comer of intersection of Thomasson Drive and Bayshore Drive, and 10 acres located on W:\1999\1999104LRLD~UD_Rezone_(R)_petition.doc "71 the ~[~m2d~ 2~ of Bavshore Drive approximately 2,200 feet south of the interseciion of Bayshore Drive and Thomasson Drive Adjacent zoning and land use: Land use Developed residential/Vacant Commercial Zoning N RMF-6, C-3 S P.U.D. E_C-3, C-5, RMF-6, VR, RSF-3 RSF-4 Vacant/Collier DRI Developed Commercial/Residential W_RSF-4, P.U.D. Developed residential/Vacant PUD/Collier DRI Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from theC-3/RSF-5/RMF-6/RSF- 3/RSF-4/PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Commercial developed at the intersection of Bayshore and Thomasson and vacant Proposed Use (or range of uses) of the property: Institutional, open space and recreation w:\ 1999\ 1999104XRLDXPUD_Rezone_(R)_petition.doc Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysi,s and recommendation to the Planninl~ .... , Commission, and the Planning Commission s recommendation to the Bom t of I[llgl~ I~) Commissioners shall be based upon consideration of the applicable criteria ~oted~elow. '! t ~ Provide a narrative statement describing the rezone request with specific ref rence to the ' criteria noted below. Include any backup materials and documentation in s~ ppcn~[~ ~. 21103 request. Standard Rezone Considerations (LDC Section 2. 7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propertyfor the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 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. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. ! O. Whether the proposed change will seriously affect property values in the adjacent area. 11. llq:ether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the in districts already permitting such use. W:\1999\ 1999104kRLDWLrD_Rezone_(R)_petition.doc ,ro?osed use JUN 2 2003 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. 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 [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 9. Deed Restrictions: The County is legally precluded from enforcing dee however, many communities have adopted such restrictions. You may wish W:\1999\1999104~RLD~PUD_Rezone_(R)_petition.doc Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal applicati ,,, ,,r ~,,~.h . regulations. I~ I"~ -~. c~ contact the...~ 10. 11. civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject properl3,': To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. et. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photo~ within the previous twelve months), minimum scale of one inch equals 4~ be submitted. Said aerial shall identify plant and/or wildlife habita w:\ 1999\1999104LRLDXPUD_Rezone_(R)_petition.doc · ap taken 0 feet, Shall boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). d. Statement of utility provisions (with all required attachments and sketches); e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; £. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ~t. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. h. An electronic version of the pLrD on a disk as part of this submittal package. W:\1999\1999104~RLDXPUD_Rezone_(R)_petition.doc STATEMENT OF UTILITY PROXqSIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Naples Botanical Garden MAILING ADDRESS: 4820 Bavshore Drive CITY Naples STATE FL ZIP 34112 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4820 Bavshore Drive LEGAL DESCRIPTION: Section: 23 Township: 50 South Range: 25 East Lot: N/A Block: N/A Subdivision: N/A Plat Book Page #: Property I.D.#: See attached list Metes & Bounds Description: See Attached TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM [] CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM 0 0 TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) W:\1999\1999104lRLDlPUD_Rezone_(R)_petition.doc JUN 2 q 2003 7. TOTAL POPULATION TO BE SERVED: 250 persons per day (average) PEAK AND AVERAGE DAILY DEMANDS: A. XVATER-PEAK 154.000 GPD AVERAGE DALLY 38.500 GPD B. SEWER-PEAK 123.000 GPD AVERAGE DAILY 30.000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 W:\1999\1999104~RLD~UD_Rezone_(R)_petition.doc JUN 2 q 20 3 PUD-REZONE APPLICATION SUBMITTAL CHECKIJST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* 20 2. Copy of Deed(s) and list identifying Owner(s) and all 2* 2 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 2 4. Pre-application notes/minutes 20* 20 5. Conceptual Site Plans 20* 20 6. Environmental Impact Statement- (EIS) 4 4 7. Aerial Photograph - (with habitat areas identified) 5* 5 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 4 10. Historical & Archaeological Survey or Waiver 4 4 Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Pre-Application Fee, Application Fee and Data - Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of 1 the submittal packet. 15. PUBLIC PARTICIPATION MEETING: 1 APPLICATION SUBMITTAL: Copy of Affidavit attesting that all 'property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. VCritten account of meeting. 16. Affordable Housing Density Bonus Agreement 4 N/A including all Appendices and Exhibits. 17. OTHER REQUIREMENTS: * Documents required for Long-Range Planning Review * 1 additional copy if for affordable housing As the authorized agenffapplicant for this petition, I attest that all of the information indicated on th/s checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature W:\1999\1999104'~,.LD~PUD_Rezone_(R)_petition.doc Date JUN 2 q 2003 AFFIDAVIT a~are the owners of the proper~ described herein and which is the subject matter o/the propose'd hearing; that all the answers to the questio~ in this a~plication, including the disclosure of interest information, all s~tche& data, and other supfllementa? matter attached to and made a ~art of this application, are honest and true to the'best of our ~owledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Coun~ printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As.property owner We~I further authorize Robert L. Duane to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this I ~ t~_ day of 200 ~ by 'T't~t~'6 [4 I5~'Cc who is personally known to me ~o~A~ ~ow ~ as ident~cation. State of Florida County of Collier (Signature of Notre7 Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) I ^~...~1~ ~ t OFFICIAL NOTARYSEAI. i I / Illq ? h '?f]['l~ ! CHRISTIE L BRIGHTON / ! '~ .... . .... I~crr~R¥ ~t~uc ~A~O~ rk°~rD~l I ,/~L. I COMMISSION' NO. DD037314 ! I - ~ [ MY COMMISSION EXP. KINE 26200~[ ] P~. * t - NAPLES BOTANICAL GARDENS HM FILE NO. 1999104 EXHIBIT "B" PROPERTY DESCRIPTION LOTS 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 AND 95 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 5.00 FEET OF SAID LOTS 60, 61, 62 AND 63; AND LESS AND EXCEPT THE WEST 260.00 FEET OF THE SOUTH 534.00 FEET OF SAID LOTS 60 AND 61; AND LESS AND EXCEPT THE WEST 160.00 FEET OF SAID LOT 60; AND LESS AND EXCEPT THE NORTH 50.00 FEET OF SAID LOT 60 FOR ROAD RIGHT-OF-WAY; AND LESS AND EXCEPT THE EAST 663.62 FEET OF THE NORTH HALF OF SAID LOT 64; AND LESS AND EXCEPT THE EAST 220.00 FEET OF THE SOUTH HALF OF SAID LOT 69, LESS THE NORTH 40.00 FEET THEREOF; AND LESS THE WEST 370.00 FEET OF THE EAST 660.00 FEET OF THE SOUTH HALF OF SAID LOT 69. AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH QUARTER CORNER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; ~HENCE RUN S.00°00'07"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF THOMASSON DRIVE, A 100.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD S-858, SECTION 0353-150, COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°58'53"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMASSON DRIVE, FOR A DISTANCE OF 1222.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 89°54'49", SUBTENDED BY A CHORD OF 70.66 FEET AT BEARING OF S.45°01'28~N., FOR A DISTANCE OF 78.46 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FERN STREET, A 100.00 FOOT RIGHT-OF-WAY; THENCE RUN S.00°04'04"W., ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FERN STREET, FOR A DISTANCE OF 1252.48 FEET; THENCE RUN S.00°20'38"W., ALONG THE EASTERLY RIGHT- OF-WAY LINE OF FERN STREET, FOR A DISTANCE OF 983.71 FEET TO A POINT 30.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY PROLONGATION OF THE CENTERLINE OF BAY STREET AS THE SAME IS SHOWN ON THE PLAT OF NAPLES BAYVlEW ADDITION NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°48'55"E. FOR A DISTANCE OF 300.00 FEET; THENCE RUN S.00°20'38"W. FOR A DISTANCE OF 60.00 FEET; THENCE RUN S.89°48'55"E. FOR A DISTANCE OF 980.30 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, SAID POINT BEING LOCATED 30.00 FEET SOUTHERLY OF, AS MEASURED ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, THE NORTHWEST CORNER OF LOT 67 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°00'07"W., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 2350.64 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°00'07"W. PROPERTY AREA: 171.245 ACRES, MORE OR LESS. W:\1999\1999104\RLD\EXHIBIT B.doc Collier CounO/ Fast Track t egulatocv Fac/l/tat/on Program for Expanding or New Businesses Name of Business Project Title (1-5 word description} Fa$[ Track Applicant Notice: The Fast Track prc~Trarn reGuires a_ore.al~pllcation rnee~l~n~ as co. ordlnateE bY ~he Economic. ~j~~lller Co t riot to --- ment su i si. on to ~ The Fast Track Application must be completed in full before consideration will be given. Statements contained on the Fast Track Application must be ~ and v~ri.fiabl~, UPON RELEASE, PERMITS ARE REQUIRED TO BE PICKED UP FROM THE cOUNTY WITHIN 10 BUSINESS DAYS OF APPROVAL. For Official Use: Location= Q Enterprise Zorm - Immokalee C} Enterprise Zone - Evergtades Cit7 Q Non. Enterprise Zone - Targeted, High Wage Industry Please Nor~: ?he following questions may not provide enou~Th space for required ensue. P~ese attach a separate Economic Developme~ Cou~il of Collier Count~ 3050 No~h Horseshoe Drive, Sui~ 120, Naples, Florida 341 O4 Phone: 239/263-B989 · Fax: 239/Z63-6021 h ~ :/~. eNo/~l~s Flo r id~ c°m £conornic Do velc~pment Council of Co,liar Count. v 10/1/[72 JUN 2 ~t 2003 Oc~, B8 2~02 O~:4&PM P04 Identification City; N~ ~ b) E~u~iness's federal employer Identification number: c) Lbl primary lout-digit SIC code of the business: d} Describe the business% prlma~ business activities: State: ~ 65-0513.429 ZIP: 34112 Collier Counly OccupatJonel License Number: _3075_P, t3~ 20~ City of Naples Occupational License Number: __ Cit7 of Memo Island Occupational Ucen.~ Numberi. C/t), of Everglades Ch~, Occupational License Number: (If applicable) (If applicable) (if applicable) 3) is the business mir~ribJ owrmcl: ~ YES a) I! YES, explain: ~ NO Has the business ever been subjected to criminal er civil fines and penalties: a) If YES, please e~plain: YES X] NO Project Identification/Information 4) Descrlplion of the t~pe of business actlvJ.ty ~ produc, t covered b_,v th.e pro~ect: ., , ....... our cam-an'" Naples Bc~:z~.tcaz ~ae.n ~.s a 13.v.zz~J ~.c~ a ~r,ett oescrlDe y p ,1', -- --.-~ ........ 5) Check the appropriate box and complete the llme Item: · a) ~3Project'spresentlocatJon, lfapplicabi,: 4820 ~y~._~__r_.e..l;~_i',,',~, t~Dles. ~Z, 34112 b) ~ Project's proposed location, if different from above: 6) Will this pen'nit be for: ~1 sim development OR 0 building 7) TI3e project is a (please choose one): ~ new Collier bus/paSs l;2 expansion of existing Collier business 8) Total number of square feet the facilibJ will have when completed; 3.70+/-2~res £conom~c DeVelOpment Co~/r~cll or Cell/er County Rev/sad 10/7/oZ r7'j JUN 2 h 2003 a headquerte~ project, check the box that be51 defines your projeCt. multi-state business enterprise regional hoedquar~m office multinational business enterprise national ~adqUa~em o~ce {nterna~O~l headqua~em national bede assmia~on headqua~m Please indica~ ~e tocatl~ of ~e company's o~er offices:_ project employment and wages: e) Number of jobs that wilt be retained in Colllcr Counly:_ 3~5 . b) AnnualZz'ed average Wage {e-~cludlng-ben~lts) of all ~jobs that will ~ ~ in Collier County as indicated in item 11.a): c) Number of ~jobs (new,ohs cmetud afar the date ~[ this application) ~e[ will ~ coated in Collier Count: d) A~uallz~e~rege wage {exclud[~ lndi~t~ in imm 11.c): $ 30.000,00 -- e} Annual~ed average wage'excluding $_ 41,400.00 Job d~sc6~ion breakdown: ~ of sel~ ~siflo~ 2 a) An~cIpe~ date plans of pro~ect will be subml~ed ~ Cou~t~5 S~~ 2002' b) Deslmd data of ce~fi~ of o~u~ncy: ca Ital i ~ r~L~L° ma ~pansion pr~ect (include all new purchas~ of buildings, ,ndi.~ the ~al L~) la~, ~uipmenL e Will proj~t be locating or expanding In an a) ff YES, which ~ne? ~ Immokalea O Everglades City I[ project is not a headqueders, the estimated propo~ion of gross r~elp~ or final sal~ ~ultlng from proje~ ~at will be medc outside of Sou~west Florida R~)on (Includ~ ~lller. Charlotte. Lee. H~d~ and Glades coun~)~ S_ Phone: 992. 6030 Fax. ?)Name of Ar~c~>~-~~ 34~02 ............... Phone~3~455 Eco~;or, k Dev~lppme~;~ Council of Coil/er Counr.,v Revl~ed 10/7/0Z JUN 2 % 2003 lu/ut~/uz ~'gt) 11:28 FA.[ 12392542099 ]]OLE ~ON'I~S . p-~3~?': 'I::'X~'gH PHt:3N~ NO. : 9~6497586 Oct. 08 Telecommunications Information Please indicate by che~kinD below, the anticipated telecommunication requirements for your Project; a) Volce Requirements; ~ Phone Lines How many? o '[1/PRI Lines How many? __~?- $5,000.00 Q Long Distance Anticipated usage per month? a Existing Phone system New Phone system ~ Voice Mall o Cell Center ~3 ACD [3 Wireless CommUnications (Celt Phones, etc,) How many?...~ b) Data Requirements: D Point to Point T1 nlmults How manY? _ o Frame Relay circuits How many? {3 ~ Special circuits (DS3, etc) How many? [3 Internet Ac.c~s$ Haw much Bandwidth? Q Other ~ervloesDSL ~ ISDN Y.. -- To th~ best of rn.y knowle~j;~, th /nf:metion Included i1~ this application is accurate Signature Name and Title Contact Phone Number: ~ 239',643.'/275 ..~ ~.~s .~3'~N~c~ ~~ ~'~c, Company /o. c:, Date The compl~:l and signed application must be filed with; pr~jram Coordinator, Pemllt Facilitation Applica6on, Economic Dcvalc~pn'~e~t Council of Collier Count~, 3050 North Ho~m~ [:>rive, Suit~ 120, Napl~. FL 34104, EDC Internal Approval:_ .-. Dete:~ Tamale Nemer, ek0 [r~erlm Executive Director £conom/c Development Council o1' Collier Country Revl~ed 7011/02 JUN 2 ~ 2003 ORDINANCE NO. 03:~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLrMBERED 0523N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-3", "RSF-5", "RMF-6", "RSF-3", "RSF-4", AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES BOTANICAL GARDEN PUD LOCATED AT THE INTERSECTION OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 69 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, of Hole Montes, Inc., representing The Botanical Garden Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE 1T ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SI~CTION ONE: The zoning classification of the herein described real property located in Section 23, Township 50 South, Range 25 East, Collier County, Florida, is changed from "C-3", "RSF-5", 'RMF-6", "RSF-3", "RSF-4", and "PUD" to "PUD" Planned Unit Development in accordance with the Naples Botanical Garden PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbered 0523N, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ,_ day of .... 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERIq BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency ~Matj orie M. Student Assistant County Attorney PUDZ-2002-AR-3161/RB/sp JUN 2 3333 to _ NAPLES BOTANICAL GARDEN A PLANNED UNIT DEVELOPMENT HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 PREPARED BY: AND YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DR., STE. 300 NAPLES, FLORIDA 34108 HM PROJECT 1999104 SEPTEMBER, 2002 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT A FSPUD Documents\Naples Botanic A ~dT..NO A 13:~ - JUN 2 2003 Garc~.(~ , 11:00 AM ~'~ SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII TABLE OF CONTENTS Page Statement of Compliance .............................................................. 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................................... 4 Statement of Intent and Project Description .......................................... 5 General Development Regulations .................................................... 6 Preserve Area Requirements .......................................................... 11 Permitted Uses and Dimensional Standards for Naples Botanical Garden ...... 12 Development Commitments ............................................................ 15 EXHIBITS Exhibit A - PUD Master Plan Exhibit B 1- Legal Description 2 F:kPUD DocumentsXNaples Botanic :.doc 6/1112003 11:00 AM SECTION I STATEMENT OF COMPLIANCE The development of+171 acres of property in Section 23, Township 50 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as Naples Botanical Garden PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. Naples Botanical Garden PUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Naples Botanical Garden Inc. properties located in Section 23, Township 50 South, and Range 25 East and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map shall be developed with a botanical garden or other non-residential uses according to the Future Land Use Element. Therefore, Naples Botanical Garden with its recreational and open space uses and accessory commercial and residential uses may be found consistent with the Future Land Use Element of the Collier County Growth Management Plan. The subject property's location in relation to the existing or proposed community facilities and services supports the projects non-residential development as required in Objective 2 of the Future Land Use Element. 3. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. o The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Collier County Land Development Code (LDC) and further required by policy 2.3 of the Future Land Use Element. JUN 2 2003 F:~PUD Documents\Naples Botanical Gardens(6-9Rloc.doc 6/I 1/2003 I 1:00 AM SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 2.2 2.3 Property Oxvnership The property is owned by Naples Botanical Garden Inc. Legal Description Section 23, Township 50 South, Range 25 East, Collier County, Florida, and, more particularly, described in Exhibit "B", referenced and incorporated herein. General Description of Property The property contains + 161 acres generally located at the southwest comer of the intersection of Bayshore Drive and Thomasson Drive and + 10 acres located on the east side of Bayshore Drive. 2.4 2.5 2.6 Physical Description The subject property at the time of the application for rezoning is generally vacant, except for a commercial structure zoned for the C-3 Commercial Intermediate District located at the southwest comer of Bayshore Drive and Thomasson Drive, which is proposed to be used for the administration and education building for Naples Botanical Garden. This site currently drains from the northeast to the southwest. Soil types on the site are (7) Immokalee Fine Sand, (15) Pomello Fine Sand, (17) Basinger Fine Sand, (53) Estero and Peckish Soils frequently flooded. The property is located in Flood Zones AE-9 and AE-10. Existing Zoning- Removal of property from the legal description of CDC PUD, Ordinance No. 86-77. The zoning classifications prior to the date of approval of this PUD were C-3/RSF-5/RMF- 6/RSF-3/RSF-4 and the CDC PUD. The legal description of the property being rezoned from PUD "CDC" to PUD "Naples Botanical Garden" is attached as Exhibit "B 1" referenced and incorporated herein. Short Title This Ordinance shall be known and cited as the "Naples Botanical Garden Planned Unit Development Ordinance". Statement of Unified Control This statement represents that the current property owner has lands under unified the purpose of obtaining PUD zoning on the subject property. 4 F:kPUD Documents\Naples Botanical Gar{ -Al oont i JUN 2003, ! ns(6-9)doc.do~ ~,~200r · 3.1 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION Introduction 3.2 3.3 It is the intent of this Ordinance to establish a Planned Unit Development meeting the PUD requirements as set forth in Section 2.2.20 of the Collier County LDC. The purpose of this Document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description The project contains 4-171 acres and includes land area for Naples Botanical Garden and related institutional (education and research), open space, recreational, preserve areas and accessory retail uses. Access will be provided fi.om both Bayshore Drive and Thomasson Drive and is depicted on the PUD Master Plan Exhibit "A". Land Use Plan and Project Phasing The PUD Master Plan provides for conceptual use areas for Naples Botanical Garden including open space, recreational use areas and areas for institutional uses including water management areas and areas for accessory commercial uses as depicted on the PUD Master Plan. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this Document. The anticipated time of build-out of the project is approximately twelve (12) years from the time of issuance of the first building permit, or 2015 depending upon fund raising capabilities. However, actual build-out will depend on market conditions. F:\PUD Documents\Naples Botanic 2003. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of Naples Botanical Garden Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD: Regulations for development of Naples Botanical Garden PUD shall be in accordance with the contents of this Document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee of the developer is subject to the commitments within this agreement. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of Naples Botanical Garden PUD shall become part of the regulations that govern the manner in which this site may be developed. Do Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. go Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utiliti 6 F:\PUD Documents\Naples Botanical Gar 4.4 4.5 4.6 purposes as may be required by Collier County. All necessary easements, dedications or other interests shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time site plan approvals are requested in accordance with the requirements of Division 3.3 of the LDC. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. Proiect Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of the property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling necessary for the construction of water management facilities, or to otherwise develop water bodies, is hereby permitted. If there is a surplus of earthen material remaining on site upon conclusion of excavation activities, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (!0) percent of the total volume excavated up to a maximum of 20,000 cubic yard F:\PUD Documents\Naples Botanical JUN 2 2003 dens(~9~dc~7 · ~11/2883 4.7 4.8 4.9 4.10 4.11 4.12 A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. All other provisions of Section 3.5 of the LDC are applicable. S.~unset and Monitoring Provision_s Naples Botanical Garden PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements, however, the Naples Botanical Garden PUD shall remain in effect and not subject to PUD Sunset Review for a minimum of six (6) years even though development may not have commenced. Native Vegetatio~n The project shall meet the requirements o fDivision 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. Archaeological Resource~s The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are found on the property. Common Area Maintenanc_e Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of Naples Botanical Gardens. pUD Master Plan Exhibit "A". Off-Street Parking and Loading All off-street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. However, with regard to the total number of parking spaces to be provided for visitor parking, research facilities, special events and maintenance and nursery areas the required number of spaces shall be those shown on the F:\PUD Documents\Naples Botanical 8 JUN 2 q 20{3' 4.13 4.14 Also included in the + twelve (12) acres of parking area to be provided for Naples Botanical Garden PUD is a site comprising ten (10) acres, on the east side of Bayshore Drive. A portion of this area may also be used for overflow parking for both cars and buses as the need may arise. Additional parking may be permitted based upon future needs. Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. However, the proposed plant material for Naples Botanical Garden shall be exempt from the requirements of Section 2.4.4.1 of the LDC, as may be amended that requires any percentage of the trees and shrubs to be native Florida species. Naples Botanical Garden is a unique land use designed to reflect the diversity of gardens from around the world. Desi.qn Guidelines Development of structures within Naples Botanical Garden, due to their unique characteristics in a natural setting shall comply with the Purpose and Intent Section of Division 2.8, Architectural and Site Design Standards of the LDC only. Structures within Naples Botanical Garden will not be consistent with the actual architectural guidelines of Division 2.8. However, the following requirements shall apply: Structures shall comply with Section 2.8.2.5, Non-Commercial Development of the LDC. Structures shall comply with Section 2.8.5, Exceptions and Interpretations of the LDC where necessary to allow for innovative design of structures within Naples Botanical Garden. Bo Decorative walls and fencing shall be provided in accordance with the standards of Section 2.6.11.4.2 of the LDC. At a minimum, the two out-parcels depicted on the PUD Master Plan and the overflow parking area on the east side of Bayshore Drive shall meet the requirements of Section 2.6.11.4.2 of the LDC for a decorative wall. All signage shall be in accordance with Section 2.5 of the LDC. However, the following alternate standards shall apply. Naples Botanical Garden shall be permitted to install off-site directional signs and banners for temporary events along the length of Bayshore Drive from Naples Botanical Garden to US 41. Off-site directional signs and banners are also permitted the length of Thomasson Drive from Naples Botanical Gardens to US 41. Such signs and banners may be installed for the duration of an event plus for two days prior to its commencement. A maximum of four (4) off-site directional signs are permitted: two (2) on Baysh and two (2) on Thomasson Drive. A permit shall be issued annua 9 F:\PUD Documents\Naples Botanical Gardel JUN 2 q 2003. .(6-0)do~.doc~t:~"O 6/~ I~po3;.-~/ I 1:00~M -- o placement of these signs which include all special events occurring in that year until the renewal of the permit the following year. All signs within Naples Botanical Garden that are not visible by the public from the surrounding right-of-way are exempt from Section 2.5 of the LDC, as amended, provided these signs are part of a unified sign plan. Naples Botanical Garden shall be permitted to install 25 foot high lampposts with provision for street and sidewalk illumination as well as floodlit banners pertaining to current displays and events within Naples Botanical Garden, provided that the lamp parts and banners are located along the western side of Bayshore Drive adjacent to Naples Botanical Garden. An entrance sign at the intersection of Bayshore and Thomasson Drives shall be permitted with a maximum height often (10) feet and extending 40 feet on either side of the intersection. Letters shall be 30 inches in height, and the maximum size occupied by letters shall be 63 square feet on each face of the sign. An entrance sign is also permitted at the main entrance along Bayshore Drive and shall have 48-foot wide arches with 30 inch letters and shall be 25 feet in height. The maximum size occupied by the letters shall be 120 square feet. After the dedication of fight-of-way to Collier County for improvements to Bayshore Drive, the existing wall which will include future signage for Naples Botanical Garden may be setback 3 feet from the new right-of-way line on Bayshore Drive. 10 F. ikPUD Documents\Naples Botanic.' JUN 2 q 2003 6/11/2003 11:00 AM 5.1 5.2 SECTION V PRESERVE AREA REQUIREMENTS PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES The PUD Master Plan provides for m$6.0 acres for upland and wetland Preserve Areas. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Uses and Structures: 1. Passive recreation areas. 2. Nature trails and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, atter the appropriate environmental review. 6. Viewing areas, platforms, covered shelters and birding towers. 7. Interpretational signage. Any other general commercial use which is comparable in nature with the foregoing list of commercial uses and is consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 11 F:\PUD Documents\Naples Botanical Gar~ ~A rr~ JUN 2 2003 ens(6-9)dOC.doc 6/11/2003 11:00 AM 6.1 6.2 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR NAPLES BOTANICAL GARDEN Purpose The purpose of this Section is to identify the permitted uses and development standards for areas within Naples Botanical Garden PUD. Development Parameters The PUD Master Plan Exhibit "A" depicts the proposed use areas. The maximum development intensity is based on a floor area ratio (F.A.R.) of .05 which translates to a maximum square footage of 372,438 square feet. Institutional, recreational, administration, research and educational facilities, accessory retail and housing uses including other support facilities are included uses within the 372.438 square feet. Within the allotted developmeni intensity there will be a 200 seat caf6 within a 5,000 square foot structure and indoor and outdoor seating areas. An accessory retail use area of up to 5,000 square feet shall also be permitted within the entrance building. Dormitory housing for the research center also is included within the total maximum permitted floor area. 6.3 General Description The PUD Master Plan generally designates the following uses; AREA .4- ACRES ±PERCENTAGE 1. Building Footprints 3.0 m 1.8% 2. Sidewalks and Paths 8.1 ± 4.7% 3. Parking 12.1 ± 7.1% 4. Lagoon 10.3 ± 6.3% 5. Lakes 14.5 ± 8.5% 6. Preserve Area 56.4 ± 32.9% 7. Open space/Garden and Landscape Area .66.8 + 39.0% Total Site Area 171.2 ± 100.0% The approximate acreage and location of the use areas are depicted on the PUD Master Plan. Actual acreage of all development areas will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division ;:3, u~,tbAy~t~t' Division 3.2, respectively, of the Collier County Land Development Code. All area witll~.n ]"-/ ~_? F:\PUD Documents\Naples Botanical Garden 12 JUN 2 2003 .9)do .do 6/114~.3 I I:00'~ - 6.4 Naples Botanical Garden are designed to accommodate internal pathways and roadways, open spaces, recreational amenity areas, water management facilities, parking areas and other similar uses typically found in a botanical garden. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Arboreta and botanical garden (group 8422) 2. Amusement and recreational services (natural wonders and tourist attraction: commercial only) and exhibition operation (group 7999) Non-'commercial research organizations (group 8733) Commercial, physical and biological research (group 8731) Commercial, economic, sociological, educational research (group 8732) Auditoriums Bo o 4. 5. 6. Accessory Uses and Structures 1. 3. 4. 5. 6. 7. 8. 9. Water transportation of passengers (group passenger system for ground transportation Automobile parking (group 7521) Gift, novelty and souvenir shops (group 5947) Eating places (group 5812) Bakeries (group 5461) Special events such as fund raising, weddings, and group gatherings. Ticket sales and promotional activities. Theatres ' Maintenance and nursery areas. 13 4489) including an internal JUN 2 2003. F:XPUD Documents\Naples Botanical Gardcns(6-9)doc.doc 6/I 1/2003 I1:00 AM 6.5 10. Pavilions and viewing areas. 11. Lakes and water management areas. 12. Directional and information signage. 13. Food service carts and food service for special events. 14. Dormitory housing for the research center within the area allocated for building envelopes. Any other general commercial use which is comparable in nature with the foregoing list of commercial uses and is consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. Development Standards A. Maximum Building Height All principal structures shall be permitted to have a maximum height of three (3) habitable stories. However, the Tropical Rainforest Conservatory shall be permitted to be eighty-five (85) feet in height to the eave and one hundred and twenty (120) feet to the peak. Accessory structures shall be permitted a maximum height of twenty- five (25) feet. B. Minimum Setbacks Co Do A minimum setback of fifty (50) feet shall be maintained on all sides of the property for principal structures. However, the existing administration building located at the intersection of Bayshore and Thomasson Drives shall be permitted a minimum setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of right-of-way for the widening of Bayshore Drive. Maintenance structures along Bayshore Drive shall be permitted a minimum setback of thirty (30) feet. Accessory structures shall be set back twenty (20) feet from property lines where landscaping buffers are required. Minimum Lot Area No minimum lot sizes are required for Naples Botanical Garden PUD. Distance Between Principal Structures The minimum distance between principal structures shall be one-half the building height. However, where covered decks, walkways, and canopies conne¢ buildin*,~ there shall be no separation required between principal structures. No._/'7 F:~PUD Documents\Naples Botanical Ga~ 14 JUN 2 2093 ,n s (6-9)doc .doc F~,l~.a 7.1 SECTION VII DEVELOPMENT COMMITMENTS Environmental Standards The purpose of this Section is to set forth the environmental commitments of the project developer. mo Vegetative preserve areas depicted on the PUD Master Plan are permitted for open space and passive recreational uses along with the other uses permitted in Section V of this Ordinance. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as preservation tracts or conservation easements on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Staff. Co Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. Do An exotic vegetation removal, monitoring and maintenance (exotic free) plan shall be submitted to the Current Planning Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. go The developer shall comply with the applicable guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Staff for review and approval prior to final site plan/construction approval. Fo The developer shall be subject to all Collier County environmental ordinances in effect at the time of development order approvals to which said regulations relate. Setbacks from preserves shall be in accordance with the requirements of Section 3.2.8.4.7.3 of the LDC. 15 F:\PUD Documents\Naples Botanical G JUN 2 2003 rdens~'~ldo~ _r-ti 1F~flfl'~ - I 1:00 AM 7.2 Transportation Th'e development of this PUl) shall be subject to and governed by the following stipulations: Bo Co D° F° Go All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Arterial level street lighting shall be provided at project entrances for the main/visitors parking lot, events parking lot and research/education parking lot.. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO) pertaining to that phase of construction. External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO) pertaining to that phase of construction. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001- 13, as amended, and the Land Development Code (LDC), as amended, unless otherwise approved by the Collier County Board of County Commissioners (CCBCC). Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. Nothing in any development order will vest the right of access over and abo~ in/right out condition. Neither will the existence of a point of ingress, egret, F:\PUD Documents\Naples Botanical Gardens 16 JUN 2 Ho median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the length of their property limits on Fern Street, Thomasson Drive and Bayshore Drive consistent with LDC provisions and the following: All sidewalk and bike lane design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. The developer shall provide a 5-foot wide side walk along the length of their property limits on Fern Street, Thomasson Drive and Bayshore Drive to a point opposite the overflow parking lot at which point a painted cross walk across Bayshore Drive shall be provided. 5-foot wide side walks shall be constructed in accordance with LDC provision. No side walk nor side walk mitigation shall be required where Bayshore Drive abuts a preserve area. Phase I will include a side walk along the west'side of Bayshore Drive from Bayshore Drive and Thomasson Drive to the project's main entrance. Another side walk will be provided along the south side of Thomasson Drive from the intersection of Thomasson Drive and Bayshore Drive to the existing entrance into the parking lot. All other side walks shall be provided in two (2) year increments on as each phase is completed and not to exceed a total period of six (6) years. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of Bayshore Drive and Thomasson Drive i f justified by appropriate traffic warrants. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. The subject development turn lane improvements shall be as follows: JUN 2 q 2003 17 F:\PUD Documents\Naples Botanical rdens~6-~ ~'~ -- 0/11/2003 11:00 AM 7.3 t On the west approach of Thomasson Drive the separate left turn lane for the eastbound to northbound traffic movement onto Bayshore Drive shall be lengthened as required to facilitate left tums at this intersection for vehicles exiting onto Thomasson Drive. On the south approach of Bayshore Drive an additional lane for the northbound traffic shall be provided to facilitate through, left turn and right turn movements at Thomasson Drive. This additional lane shall extend south from Thomasson Drive to the Main Entrance/Visitor Parking Area (approximately 960 feet). On the north approach of Bayshore Drive a separate right turn lane for the southbound to westbound traffic movement into the Main Entrance/Visitor Parking Area shall be provided. On the south approach of Bayshore Drive a separate left tum lane for the northbound to westbound traffic movement into the Main Entrance/Visitor Parking Area shall be provided if said improvement is determined as necessary (based upon appropriate trip thresholds in effect at the time) after the overflow parking facility on east side of Bayshore Drive is impro~'ed/opened. Lo All turn lane design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. The turn lane queue length determinations shall be in accordance with the criterion/calculations within the Highway Capacity Manual - Chapter 17. Mo All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. No Ifa gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. Gates shall be recessed a minimum of S0 feet from the edge of the public roadway for the main/visitor's entrance, the research/education entrance and overflow parking entrances. Gates at other locations shall be a minimum of 25 feet from the edge of the roadway. Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. Ao Water distribution facilities to serve the project are to be designed, co~ conveyed, owned and maintained in accordance with the requirements oftl 18 F:\PUD Documents\Naples Botanical Garder eC' of 1-!,) JUN 2 2003 :6-9)doc.doc g''e {~ 11 :O~O~M~ 7.4 7.5 Naples. Sewage collection facilities shall be designed, constructed and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. Bo All customers connecting to the County's 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. Co Because of the remote nature of some of the facilities, multiple sewer and water connections may be provided to serve the various components of the project. Engineering Requirements Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Department. Bo A copy of the SFWMD Surface Water Management Permit shall be received by the Development Services staff prior to any construction drawing approvals. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to site development plan and any other approvals that will result in the issuance ora final development order. Stormwater Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. Ao Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within 20 feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. Bo Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting which is required for the su~bie_ct property. ^c.~^ 19 JUN 2 q 2003 _ : io A surface water management permit must be obtained from the SFWMD prior to site plan approval. The Collier County Stormwater Section Staff will review and approve the stormwater system. 2O JUN 2 ~ 200.~ F:\PUD Documents\Naples Botanical Gardens(6-9)doc.doc 6/I 1/2003 11:00 AM ~1 ....... il ..... ill 'it · o. .o, <:~z) ~ JUN EXHIBIT "B" PROPERTY DESCRIPTION LOTS 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 AND 95 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 5.00 FEET OF SAID LOTS 60, 61, 62 AND 63; AND LESS AND EXCEPT THE WEST 260.00 FEET OF THE SOUTH 534.00 FEET OF SAID LOTS 60 AND 61; AND LESS AND EXCEPT THE WEST 160.00 FEET OF SAID LOT 60; AND LESS AND EXCEPT THE NORTH 50.00 FEET OF SAID LOT 60 FOR ROAD RIGHT- OF-WAY; AND LESS AND EXCEPT THE EAST 663.62 FEET OF THE NORTH HALF OF SAID LOT 64; AND LESS AND EXCEPT THE EAST 220.00 FEET OF THE SOUTH HALF OF SAID LOT 69, LESS THE NORTH 40.00 FEET THEREOF; AND LESS THE WEST 370.00 FEET OF THE EAST 660.00 FEET OF THE SOUTH HALF OF SAID LOT 69. A PORTION OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH QUARTER CORNER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°00'07"E., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMASSON DRIVE, A 100.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD S-858, SECTION 0353-150, COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°58'5Y'W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THOMASSON DRIVE, FOR A DISTANCE OF 1222.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 89°54'49'', SUBTENDED BY A CHORD OF 70.66 FEET AT BEARING OF S.45°01 '28"W., FOR A DISTANCE OF 78.46 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FERN STREET, A 100.00 FOOT RIGHT-OF-WAY; THENCE RUN S.00°04'04"W., ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FERN STREET, FOR A DISTANCE OF 1252.48 FEET; THENCE RUN S.00°20'38"W., ALONG THE EASTERLY RIGHT-OF- WAY LINE OF FERN STREET, FOR A DISTANCE OF 983.71 FEET TO A POINT 30.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTER[ Y ^~~ PROLONGATION OF THE CENTERLINE OF BAY STtkEET AS THE SAME IS SH~ )W]q~. I ~1 '~ ~) 21 JUN 2 200,3 Botanical Garder (6-9) doc -- ON THE PLAT OF NAPLES BAYVIEW ADDITION NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°48'55"E. FOR A DISTANCE OF 300.00 FEET; THENCE RUN S.00°20'38'W. FOR A DISTANCE OF 60.00 FEET; THENCE RUN S.89°48'55'E. FOR A DISTANCE OF 980.30 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, SAID POINT BEING LOCATED 30.00 FEET SOUTHERLY OF, AS MEASURED ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, THE NORTHWEST CORNER OF LOT 67 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00°00'07"W., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 2350.64 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°00'07"W. PROPERTY AREA: 171.245 ACRES, MORE OR LESS. 22 F:~UD Documents\Naples Botanical, J UN 2 q 2O03 6/11/2003 I 1:00 AM EXECUTIVE SUMMARY PUDZ-2002-AR-2433, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING DAVID A. CUSTER OF H.D. DEVELOPMENT, LLC, REQUESTING A REZONE FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS H.D. DEVELOPMENT PUD FOR 104 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD APPROXIMATELY 1.25 MILES EAST OF OAK£S BOULEVARD, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.64+ ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 46.64 acres of land currently zoned Rural Agricultural (A) to Planned Unit Development (HD Development PUD). The HD Development PUD is a proposed residential development consisting of single-family and multi-family residential tracts, water management, and preserve areas. The single-family area will have access from the Olde Cypress residential area to the north. The multi- family area will have access from the Olde Cypress commercial area to the east. There is no proposed direct access from Immokalee Road across the Cocohatchee Canal. The HD Development PUD proposes a maximum of 104 dwelling units on approximately 46.64 acres of land for a gross density of 2.23 dwelling units per acre. The Density Rating System permits a density of up to 4 dwelling units per acre for this PUD. FI? CAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The followin8 impact fees will be applicable to this project:No, J/fi- · ParkImpact Fee: $578 $ 60,112 JUN 2 2003 · Libraries Impact Fee: $181 $ · Fire Impact Fee: $0.15 per square foot under roof $ · Road Impact Fee (single family): $4,629 per dwelling unit $ · Road Impact Fee (multifamily): $3,429 per dwelling unit $ · Correctional Facility: $118 per dwelling unit $ · EMS Impact Fee (single family): $14 per dwelling unit $ · EMS Impact Fee (multifamily): $2 per dwelling unit $ · Schools (single family): $1,778 per dwelling unit $ · Schools (multifamily): $827 per dwelling unit $ 18,824 31,200 370,320 82,296 12,272 1,120 48 142,240 19,848 The estimated total amount of impact fees for the proposed rezone is $738,280. It should be noted that the estimate is based on 104 2,000 square-foot dwelling units being developed. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential development (with a variety of unit types) at a density consistent with the Density Rating System; recreation and open space uses; and, other support uses related to residential development. Review of the Density Rating System in the FLUE yields the site is eligible for 4 dwelling units per acre, or 186 Dwelling Units total. The petitioner is proposing 104 dwelling Units or 2.23 dwelling units per acre. Policy 9.3 of the Transportation Element encourages project interconnections; this PUD proposes an interconnection to the north and east. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on May 7, 2003, and recommended approval of the HD Development PUD by avote of 7 to 0. ~~ JUN 2 21103 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 5, 2003. The Planning Commission heard testimony from the petitioner and County Staff. The Planning Commission voted 8 to 0 to recommend approval of the HD Development PUD to the Board of County Commissioners. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed HD Development PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plan. Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition PUDZ-2002-AR-2433 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. JUN 2 2003 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: DATE DATE APPROVED BY: ,/jOSEPH'S. S (~flMI:I'T ,~/OMMUNIT'~' DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR PUDZ-2002-AR-2433 JUN 2 ~ 2003 AGENDA ITEM 8-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MAY 19, 2003 PETITION: PUDZ-2002-AR-2433 HD DEVELOPMENT PUD OWNER/AGENT: Agent: William Hoover, AICP Hoover Planning and Development, Inc. 3785 North Airport Road, Suite B-1 Naples, FL 34105 Owners: HD Development, LLC and Cocohatchee Holdings, LLC PO Box 1839 Tampa, FL 33601 REQUESTED ACTION.:.. The petitioner wishes to rezone approximately 46.64 azres of land currently zoned Rural Agricultural (A) to Planned Unit Development (HD Development PUD). The HD Development PUD is a proposed residential development consisting of single-family and multi-family residential tracts, water management, and preserve areas. The single-family area will have access from the Olde Cypress residential area to the north. The multi- family area will have access from the Olde Cypress commercial area to the east. There direct access from Immokalee Road across the Cocohatchee Canal. JUN 2 2003 ___,_,__, ....... .--%-~~ GEOGRAPHIC LOCATION_: The subject property is composed of three undeveloped parcels totaling 46.64 acres located on the north side of Immokalee Road, approximately 1 Va mile east of 1-75, in Section 21, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a residential PUD with recreational amenities, preserves, and stormwater management lakes. The HD Development PUD proposes a maximum of 104 dwelling units on approximately 46.64 acres of land for a gross density of 2.23 dwelling units per acre. The Density Rating System permits a density of up to 4 dwelling units per acre for this PUD. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped 46.64 acre parcel Surrounding: North: East: South: Olde Cypress residential tract; zoned PUD (Olde Cypress) Olde Cypress commercial tract; zoned PUD (Olde Cypress) Cocohatchee Canal ROW, across which is the Immokalee Road ROW; across which is undeveloped land zoned A; the Saturnia Lakes subdivision, zoned PUD (Rigas); and the Heritage Greens subdivision, zoned PUD (Heritage Greens) West: Undeveloped land; zoned A GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban ~'esidential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential development (with a variety of unit types) at a density consistent with the Density Rating System; recreation and open space uses; and, other support uses related to residential development. Review of the Density Rating System in the FLUE yields the site is eligible for 4 dwelling units per acre, or 186 Dwelling Units total. The petitioner is proposing 104 dwelling Units or 2.23 dwelling units Base Density 4 du/a No density bonus or density reduction 0 du/a adjustmel Maximum Total Eligible Density 4 du/a 2 JUN 2 2O03 Policy 9.3 of the Transportation Element encourages project interconnections; this PUD proposes an interconnection to the north and east. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. 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, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE. The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviev,'ing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Under the density rating system, the PUD is eligible for up to 186 dwelling units. The proposed PUD provides for a maximum of 104 dwelling units, resulting in a gross density of 2.23 dwelling units per acre, less than the maximum of 4 dwelling units per acre indicated by the Density Rating System. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on May 7, 2003, and recommended approval of the HD Development PUD by a vote of 7 to 0. PLANNING SERVICES STAFF RECOMMENDATION. Staff analysis indicates that the proposed HD Development PUD is compatible with surrounding land uses and is consistent with the applicable elements of the Growth Management Plaq. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002-AR-2433 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. JUN 2 PREPARED BY: ~EI~REISCHL, AICP pRINCIPAL PLANNER DATE REVIEWED BY: /~USAN MU~R~~ CURRENT PLANNING MANAGER DATE DATE APPROVED BY: (~ JOSEPH ~. SC~IMITT -- DATE COMMU/NITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition PUDZ-2002-AR-2433 COLLIER COUNTY PLANNING COMMISSION: KEt, h,4-ETH L. ABE]~,4,~THY,-~ g/current/reischl/PUD/PUDA/HDlstaffreporl/PUDZ'2002'AR'2433 4 JUN 2 ~ 2003 REZONE FINDINGS PETITION PUDZ-2002-AR-2433 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Density Rating System allows a density of up to 4 dwelling units per acre for this site. A proposed density of 2.23 dwelling units per acre is less than the maximum density. Therefore, the PUD document, as attached, is consistent with the Collier County Growth Management Plan. The existing land use pattern; Pro: The parcel is a residential PUD. The parcel is surrounded by residential uses and an agricultural parcel, which is a potential residential use. Con: Evaluation not applicable. Summary Findings: The proposed residential land use is consistent with the land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed PUD borders other PUDs which are used for residential uses and an undeveloped agricultural use. Con: Evaluation not applicable. Summary Findings: The subject site will not create an isolated district. JUN 2 20 3 ,,,,. lO e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. Con: Evaluation not applicable. Summary Findim, s: The current district boundaries are logically drawn. Whether changed or changing conditions make the amendment necessary. Pro: The petitioner believes that changing market conditions, development of the surrounding area, necessitate the proposed rezone. Con: Evaluation not applicable. Summarx Findings:.. Changing conditions have resulted in the amendment. passage of the proposed specifically the submittal of this Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The subject parcel will be developed for residential purposes and that will change the neighborhood, but since it will be developed with residential uses, it will not be an adverse change. Con.__._2 The proposed rezone will increase the density from 1 dwelling unit per 5 acres to 2.23 dwelling units per acre Summar3' Findings: Under the proposed rezone the property will have residential uses ~,'ith a density below that which is allowed by the Density Rating System. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because JUN 2 2 33 ge 10. of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othera~'ise affect public safety. Pro: The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document, which renders the PUD compatible with the Traffic Circulation Element. Con: Evaluation not applicable. Summary Findings: The proposed PUD will not excessively increase traffic congestion. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summary' Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed residential uses will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Whether the proposed change will adversely affect property values in the adjacent area; Pro:. This site is adjacent to other residential uses. Con: Evaluation not applicable. JUN 2 Summam' Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary' Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected. 12. 13. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings:. If the proposed rezone is determined by the Board of County Commissioners to be consistent with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary. Findings.'. The property today could be used to construct a residential Community with a density of 1 dwelling unit per 5 acres. However, the developer wishes to revise the development standards, consistent with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The request is consistent with the Density Rating System of the Growth Management Plan. Con.'. Evaluation not applicable. JUN 2 2003 Summary Findings: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: While site conditions may restrict the location and square-footage of the residential buildings, they would not render the property unusable. 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 Findings: The rezoning of this property will eventually result in the creation of a residential community. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Sen, ice required for public facilities in the area. 5 JUN 2 21 3 Item IV.B. ~NTAL ADVISORY cOUNCIL STAFF REPORT MEE~[NG OF MAY 7~ 200~3 Il. II1. NAME OF PETiTIONER/PROJECT: Planned Unit Development Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: No. PUDZ-2002-AR-2433 H.D. Development PUD William L. Hoover, AICP Johnson Engineering Boylan Environmental Consultants, Inc. LOCATION: The subject property is comprised of three undeveloped parcels totaling 46.64 acres located on the north side of Immokalee Road, approximately ll/z miles east of 1-75, in Section 21, Township 48 South, Range 26 East, Collier County, Florida. DESCRIPTION OF sURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels. DESCRIPTION~ zONING N - pUD (Olde Cypress) Mostly Developed Cocohatchee Canal S - SFWMD Easement Immokalee Road R.O.W. Undeveloped E - Agriculture Preserve/Developed W - pUD (Olde Cypress) EAC Meeting H.D. Development Page 2 of 8 PROJECT DESCRIPTION: The HD Development PUD is a proposed residential development consisting of single-family and multi-family residential tracts, water management, and preserve areas. The single-family area will have access from the Olde Cypress residential area to the north. The multi-family area will have access from the Olde Cypress commercial area to the east. There is no proposed direct access from Immokalee Road across the Cocohatchee Canal. GROVVTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Grow-th Management Plan. This Subdistfict allows residential development (with a variety of unit types) at a density consistent with the Density Rating System; recreation and open space uses; and, other support uses related to residential development. Relevant to this petition, review of the Density Rating System in the FLUE yields the site is eligible for 4 dwelling units per acre, or 186 Dwelling Units total. The petitioner is proposing 104 DUs or 2.23 DU/A. Base Density No density bonus or density reduction Maximum Total Eligible Density 4 du/a 0 du/a adjustment 4 du/a Policy 9.3 of the Transportation Element encourages project interconnections; this PUD proposes an interconnection to the north and east. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. Conservation & Coastal Management Element: The proposed project is consistent with Policy 6.1.1 for the following reasons: 1. Greater than 25 percent of the existing native vegetation is being retained site and set aside as preserve areas. 2. A preliminary restoration plan for the preserve areas is includec Environmental Impact Statement (EIS). This plan will be finalized at the Site Development Plan approval. on- in ~,i~e 1'7 time oi JUN 2 EAC Meeting H.D. Development Page 3 of 8 3. Connectivity of on-site preserve areas to adjoining wetlands systems is being maintained. The project is consistent with Policy 6.1.4 in that an exotic vegetation removal and maintenance plan has been submitted with the Environmental Impact Statement. The requirement for an ElS pursuant to policy 6.1.7 has been satisfied. jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits are required at the time of Site Development Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, the required preservation areas have been identified on the PUD master plan. Allowable uses within preserve areas are included in the pUD document. In accordance with policy 7.1.2, a wildlife survey for listed species was conducted for the project and included in the ElS. A habitat management plan for Big Cs?ress fox squirrels, listed as Threatened by the Florida Fish and Wildlife Conservation Commission (FFWCC), was also included with the ElS. Copies of the ElS and habitat management plan have been forwarded to the FFWCC for review and comment. A monitoring report will be required at the time of site development plan/construction plan submittal. MAJOR IssUErS: Stormwater Management: The site consists of tx o basins separated by a preserve. The preserve is part of a large offsite slough coming from the northeast. Both basins discharge directly into the Cocohatchee Canal through control structures and pipes. The allowable discharge rate for the Cocohatchee Canal basin is 0.04 cfs/acre. The design of the surface water management will conform to all requirements of S.F.W.M.D. VOL IV. EAC Meeting H.D. Development Page 4 of 8 Environmental: Site Descriotion_: The subject property is vegetated with a mixture of wetland and upland habitats. Vegetative communities on site include pine flatwoods, cypress and pine/cypress/cabbage palm. All habitats on site have been invaded with Melaleuca. There is also a .58 acre spoil area in the southwest area of the project generated during construction of Weir 3 on the Cocohatchee Canal. Seasonal high water elevations were determined by using water and lichen lines on various trees. Three levels were found with the following elevations: 13.53', 13.24' and 13.54' (all NGVD). The average natural ground height is approximately 13.0'. Three soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These include Oldsmar fine sand (Unit 16), Basinger fine sand (27) and Boca, Riviera, Limestone Substratum and Copeland fine sand, depressional (Unit 25). One of the soil types found on site, Boca, Riviera, Limestone Substratum and Copeland fine sand, depressional (Unit 25) is listed as a hydric soil by the NRCS. A map showing the locations of the soils on site, along with descriptions of each soil type, are included as attachments in the (EIS). Wetland,s.: Jurisdictional wetlands total 89.5 percent (41.74 acres) of the 46.64 acre project site. These consist of 14.55 acres of cypress and 27.19 acres of pine/cypress/cabbage palm. A brief summary of the major flora within these wetland areas is found on page seven of the EIS. Approximately 25.53 acres (61 percent) of the on-site wetlands will be impacted through the proposed development of the property. The remaining 39 percent of the wetlands (16.21 acres) will be enhanced through removal of the exotic vegetation (mainly Melaleuca) and replanting, including a 6.47 acre special treatment (ST) overlay zoning district area. Off-site mitigation of 18.67 acres is proposed on two parcels located upstream in the same wetland flow-way system. The combination of on and off-site wetland preservation will total 34.88 acres or 83.5 percent of pre-development wetlands. The hydroperiod of the on-site wetland preserve is proposed to be enha construction of a berm at the downstream end of the flow-way, just norl existing spillway for the Cocohatchee Canal. If approved by the South iced IkgElqO~..~ ofllae I - I :lorida JUN 2 2003 EAC Meeting H.D. Development Page 5 of 8 Water Management District, the berm will enhance the hydroperiod by holding water in the flow-way. Non-jurisdictional areas total approximately 4.32 acres of pine flatwoods. All uplands will be impacted from this development and 1.33 acres will be mitigated for off-site as part of one of the parcels used for wetland mitigation. A brief summary of the major flora within this vegetative community is found on page fifteen of the EIS. Preservation Requirements: With the exception of the spoil area (.58 acres) the entire site consists of viable native vegetation (46.06 acres). Staff did not observe any areas with greater than 75 percent Melaleuca coverage in the canopy. As required by Collier County environmental ordinances, this project is required to retain a minimum of 25 percent or 11.52 acres of native vegetation or mitigate for that same area per Section 3.9.5.5.3 of the LDC. The master plan shows 16.2 acres of native vegetation being preserved in a wetland preserve. The on site preserve will preserve approximately 35 percent of the site. A biological survey of the subject property was conducted in June, August, September and October of 2001 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines (see report in the EIS). The survey was performed to locate and document any listed plant and wildlife species and habitat that may occur on the project site. One potential big cypress fox squirrel "day bed" was located on the property. None of the protected squirrels were observed and no other signs of protected species were observed on the parcel. Collier County must protect the species in accordance with the Collier County Land Development Code and Collier County Growth Management Plan, Conservation and Coastal Management Element. The petitioner provided a management plan for the big cypress fox squi~Tel. The best quality habitat for the squirrel is proposed for preservation. JUN 2 ~ 2003 EAC Meeting H.D. Development Page 6 of 8 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2002-AR 2433 with the following stipulations: Stormwater Manaeemen~t: 1. The petitioner must obtain an E.R.P. or a surface water management permit from the South Florida Water Management District. Environmental: No additional stipulations. JUN 2 ~ 20133 EAC Meeting H.D. Development Page 7 of 8 PKEPARED BY: STAN CHRZANOW. SKI, · · ENGINEERING REVIEW MANAGER DATE ~U~J C: ADARMES MINOR, P.E. ~NOn, mEa, SEmOR DATE LAURA A. Ru ¥ ~ ' " ENVIRONMENTAL SPECIALIST DATE - ~/yT.o :3 DATE JUN 2 ~ 21113 EAC Meeting H.D. Development Page 8 of 8 REVIEWED BY: BARBARA S. BURGESON ~ PRINCIPAL ENVIRONMENTAL SPECIALIST q- IF- ~5 DATE /~~dVl D; LOI~NZ, Jr.~P.E. ~/E~,,WIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER ENWIRONMENTAL SERVICES JUN 2 ~ 21~3 ,,.22. Division of Corporations Page I of 2 Florida Limited Liability HD DEVELOPMENT, LLC PRINCIPAL ADDRESS 110 SOUTH MAGNOLIA #204 TAMPA FL 33606 Changed 05/06/2003 MAILING ADDRESS P.O. BOX 1839 TAMPA FL 33601 Document Number FEI Number Date Filed LO 1000003582 593704504 03/08/2001 State Status Effective Date FL ACTIVE NONE Last Event Event Dale Filed Event Effective Date MERGER 08/28/2001 08/28/2001 Total Contribution 0.00 Registered Agent Name&Ad dress SMITH, DARRELL C 101 E KENNEDY BLVD., STE. 800 TAMPA FL 33602 Manager/Member Detail Name & Address '1 Title SUARF-.Z FINANCIAL GROUP, INC. P.O. BOX 1839 MGR TAMPA FL 33601 CUSTER, DAVID PO. BOX 1839 MGR TAMPA FL 33601 jUN 2 4 ~ .../cordet.exe?a 1 =DETFIL&n 1 =LO 1000003582 &n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=fi5/19/2003 Division of Corporations Page 2 of 2 Annual Reports ![ Report Year=oo,:OO2 llll ]1 Filed Date0,,06,200,ost29t2oo= IIIl[ Intangible Tax II *~ P~e:vi°usFiling I "'Returr~'t0 List I View Events No Name History Information Document Images Listed below are the images available for this filing. I05/06/200~3 -- ANNUAL REPORT 05'29'2002 COR- ANN REP/UNIFORM BUS REP 08/28/2001 Merger 103/08/2001 Florida Limited Liabilites I THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT JUN 2 { 2003 .../cordet.exe?a 1 =D ETFIL&n 1 =LO 1000003582&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2= 5/19/2003 Division of Corporations Page 1 of 2 Florida Profit SUAREZ FINANCIAL GROUP, INC. PRINCIPAL ADDRESS 110 SOUTH MAGNOLIA AVENUE STE 204 TAMPA FL 33606 Changed 04/13/2001 MAILING ADDRESS PO BOX 1839 TAMPA FL 33601 Changed 04/13/2001 Document Number P99000016659 FEI Number 593560711 Date Filed 02/19/1999 State Status Effective Date FL ACTIVE NONE Registered Agent Name & Address SUAP, r=z, HENRY R ] 10 SOUTH MAGNOLIA AVENUE STE 204 TAMPA FL 33606 Name Changed: 04/13/2001 Address Changed: 04/13/2001 Officer/Director Detail .../cordet.exe?al =DETFIL&n 1 =P99000016659&n2=NAMFWD&n3 =0000&n4=N~ JUN 2 zt 2003 :l=&r2=,S5/19/2003 Division of Corporations Page 2 of 2 Report Year 2001 2002 2003 Annual Repons Filed Date Il Intangible Tax l] ]1 04/30/2002 II ]l o~.,2oo~ II Previous Filing Return to List ?1 ?' 'N'eXl Filing No Events No Name History Information Document Images Listed beloxv are the images available for this filing. 05/06/2003 -- ANrNUAL REPORT 04,'30/2002 -- COR - ANN REP/q3'NIFORM BUS REP 04'13'2001 --ANN REP,%rNIFORM BUS REP 04/28/2000 -- AN%* REP,qJNIFORM BUS REP 02/19/1999 -- Domestic Profit TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT JUN 2 ~ 2003 .... /cordet.exe?al=DETFIL&nl=P99000016659&n2=NAMFWD&n3=0000&n4=N&rl =&r2= 5/19/2003 Division of Corporations Page 1 of 2 Florida Limited Liability COCOHATCHEE HOLDINGS, LLC PRINCIPAL ADDRESS 110 SOUTH MAGNOLIA AVE., STE. 204 TAMPA FL 33606 MAILING ADDRESS P.O. BOX 1839 TAMPA FL 33601 Document Number L01000012414 State FL Last Event MERGED Total Contribution 0.00 FEI Number NONE Status INACTIVE Event Date Filed 08/28/2001 Date Filed 07/27/2001 Effective Date NONE Event Effective Date 08/28/2001 Registered Agent Name & Address SMITH, DARRELL C ESQ. BANK OF AMERICA PLAZA 101 E. KENNEDY BLVD., STE. 2800 TAMPA FL 33602 J Name & Address "--"-~ SUAREZ, HENRY R P.O. BOX 1839 TAMPA FL 33601 CUSTER, DAVID A P.O. BOX 1839 TAMPA FL 33601 Title MGR MGR JUN 2 q 2OO3 .../cordet.exe?a 1 =DETFIL&n 1 =LO 1000012414&n2=NAMFWD &n3=0000&n4=N&r 1 =&r2=~5/19/2003 Division of Corporations Page 2 of 2 Annual Reports View Events No Name History Information Document Images Listed below are the images available for this filing. 08/28/2001 -- Merger Sheet [07/27/2001 Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT , 47 JUN 2 ~ 21103 .... /cordet.exe?a 1 =DETFIL&n 1 =LO 1000012414&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 5/19/2003 Details Page 1 of 1 [ [ Folio No.l~ 00186000005 Current Ownership Property Address~- NO SITE ADDRESS Owner Namell HD DEVELOPMENT LLC Addressesll PO BOX 1839 c~ll TAMPA II S~teJl FL Legai'll 21 48 26 Wl/2 OF S[-.1/4 OF II swl,. EXt. s. 100, 18..9 AC z~Pl133601- 1839 Section ][ Township ]~ Range .il Acres It Map No. 21 I[ 48 ][ 26 '"Il 18.48 II 3B21 '~ Use Code II 99 2002 Final Tax Roll Values Land Value [ {+) Improved Value [ (=) Market Value I (') SOH Exempt Value E (=) Assessed Value I(-) Homestead and other Exempt Value (=) Taxable Value $1,016,400.00 $ mOO S 1,016,400.00' $ 0.00 $1,016,400.00 $ 0.00 $1,016,400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Millage Ar_e. Strap .o, t 1148262~ 0~".0003E~21 I Latest Sales History 2883-122II Amount $ 1,202,500.00 $ 350,000.00 The Information is Updated Weekly. JUN 2 zt 2003 http ://x~ ~wv.coll ierappraiser.com/R ec ordDetail.asp ? F o liolD=O000000186000005 5/19/2003 Details Page 1 of 1 Fo,lo No-II 00,86520006 'Il Current Ownership Property Addressll NO SITE ADDRESS Owner NameJJ COCOHATCHEE HOLDINGS LLC J AddresseslJ PO BOX 1839 [ ci~,ll TAMPA II Statel[ FL II I z~pll ~36o~. ~6~9 J Legal 21 48 26 Wl/2 OF Wll2 OF SWll4 OF SEl14 LESS R/W 9.23 AC Section ]1 Township Il Range Il Acres II Map 21 ]1 48 I! 26 Il 9.23 II II Strap No. I 11.826. 025.0003B2~ I 2002 Final Tax Roll Values Latest Sales History I (=) Assessed Value [ (.) Homestead and other Exempt Value Land Value II $ 253,825.00 J I Date I[ Book-Page Improved Value }[ $ o.ooJ I 08,2004II 2688-426 (=)Market Value I[ $ 25a,825.00]l ,2,1998 II 249,- 1220 [ (-) SOH Exempt Value J{ $o.oo II o8,~,86 II ,=~o-~e~ I[ $ 0.00 J J (:) Taxable Value JJ $ 253,825.00 J SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount $ 825,000.00 $ 5,000.00 $ 75,000.00 The Information is Updated Weekly. JUN2~2003 I http://www, colli erappraiser.com/RecordDetail.asp?FoliolD=0000000186520006 5/19/2003 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: PUDZ-2002-AR-2433 PROJECT #2002020027 DATE: 4/25/02 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City /y.~? State ~-L zip .y, 3 (a c / COLLIER COUN'I'~' COM3~"NTrY DEVELOPM-ENT PLANinG SERXqCES/CURRENT PLAN~,IING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION I~OR PUBLIC HEARING FOR PUD REZONE - 10198 JUN 2 4 21X}3 6. Adiacent zoning and land use: Zoning Land use Does the owner of the ~bject properD' own property contiguous to the subject property? If so, give complete legal descrip/t, ion of entire contiguous property. (If space is inadequate, attach on separate page). .~_.~.~ Section: Towmship: Range: Lot: B1 o c k: Sub dM si on: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the /~,...'c,: / ?lc, v.~ / zoning district(s) to the /~¢-~' L9 zoning district(s). Present Use of the Property: Proposed Use (or range of uses) of the property: ' 6 statement describing the rezone request with specific reference to the criter:l: Include an), backup materials and documentation in support of the request. APPLICATION FOR PLEBLIC ]]EARLNG FOR PUD REZONE - 10/98 Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative ~*~A 1~,~1~,~ JUN 2 2003 ,, The subject property being 46.64+ acres, is comprised of 3 separate parcels that are located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. The West half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, Collier County, Florida. B. The West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida. C. The East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record. If the propen3' is ov~,~ed by a CORPORATION, list the officers and ~'~'-~- the percentage of stock owned by each. Nmne and Address, mid Office ,z/'~.r~ r~. IF. 5,'.,~ ~-~e- z: ,~-%,.,~ o z72,5: ' ', -- - '- _ . ~ c~ (~ ~-. Percentage of Stock -~- Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Nmne and Address Percentage of h~terest lfthe property is in the name ora GENERAL or LllX, ffI'ED PARTNERSHIP, list the name of the general and/or limited panners. Nan~e and Address Percentage of O~uerslup If there is a CONTRACT FOR PURCHASE, x~Sth an indMdual or indMduals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Nmne and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10198 Date of Contract: JUN 2 ~ 2003 If any contingency clause or contract terms im, otve additional parties, indMduals or officers, if a corporation, partnership, or trust. Name and Address list all Date subject property acquired (v)~eased ( ):~"~2Y-Cl Term of lease yrs./mos. If; Petitioner has option to buy, indicate date of option: /%//~ and date option terminates: ~ or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his beha~ to submit a supplemental disclosure of interest form. Detailed le_f.g~ description o~ertv covered by the~ (If space is inadequate, attach on separate page.) If request involves change to more than one zoning di~rict, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent StLrvey (completed x~Sthin the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for suppl)4ng the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: ~ I To,,x~ship: i4 1~ .5 Range: .~ G ~ _ Lot: Block: Plat Book Page #:__ Metes & Bounds Description: SubdMsion: Property I.D.#: o Size of orooerty: j,'Q '.-~ ft. X [ _~ ~ C fi. = Total Sq. Ft. Addresslo~eneral location of subject DroDert¥: '7"~ APPLICATION FOR PUBLIC I~AR1NG FOR PUD REZONE - 10~98 Acres~q JUN 2 4 21X!3 Complete the follov,.hg for all Association(s) affiliated v~4th this petition. (Proxdde additional sheets if necessary) Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address Cit3, St at e __ Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Master Association' Mailing Address City State __ Zip Name of Civic Association: /~/5: J~'c,,~v,~ /qc o ~.c.....[ 6cl ~/~,~ C~,t~'e ~ Ma~gAd&ess ~q/ - ~q~ ~,'e. A'~ City~f,~/~'s~ State ~L Zip Disclosure of Interest Information: If the property is ox~ed fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR pLrBLIC HEARING FOR PUD R_EZONE - 10198 AGEI~A fi~,d JUN 2 21 !3 Standard Rez~LDC Section ~ 1. I.~q~ether the proposed change will be consistent wilh the goals, objectives, a~ policies a~M future latxt use map a;wl tile elements of tile growth management plan. APPLICATION FOR PLrBLIC HY_.ARING FOR PUD REZONE - 10198 2. 77~e existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent m~d nearby districts. 4. IJ~elher existing district b~aries are illogically dr~'n in relation to existing cor~itiot~ on the proper~ for the proposed c~nge. 5. Bq~ether ctmnged or c~nging co~itio,~ make the passage of the proposed amendment (rezonO necessa~. 6. ~.7~eiher the proposed c~nge will cdversely it~uence living co~itio~ in the neighborho~. 7. g'7~ether the proposed c~ge will create or excessively increase ,'affic congestion or create opes of ~affic deemed incompatible with surrm~ing lm~ z~es, beca~tse of peak volumes or projecled Opes of vehicular ~'affic, including acliviO' during co~tn~clion p]mses of the development, or othemvise affect ~blic sa feD;. 8. g'7~ether the proposed ctw~nge will create a &ait~ge problem. 9. lIT~ether lhe proposed ct~nge will serim~l), reduce light atM air to ~jacent areas. 10. [~7~elher the proposed ctmnge will seriously affect properO, values in the ~jacent area. ] 1. ~,7~ether the proposed cl~nge will be a deterrent to the improvement or development of adjacent property in accordance with existing re~latiot~. 12. [~elher the proposed clmnge will constitute a ~ant of special privilege to an i~Mividttal owt~er as con~ted with the public we~are. 13. ~ether lhere are substantial reaso~ why the proper~ cannot be ~ed in accordance with existing zoning. 14. ~ether the ct~nge su~ested is out of scale with the ~ee& of the neighborho~ or the 15. ~ether it is impossible to fir~ other adequate sites m the counF for the proposed ~e in dis~icts alre~y permitting such ~e. ~6. ~e physical c~racteristics of the proper~ a~ the de~ee of site alteratit would be required to make the proper~ usable for any of the range of pot~ u~er the prop~'ed zoning classification. JUN 17. The impact of developmem on the m,ailabdtty' of adequate public facilities at~t sen,ices colzsistent with the levels of sera,ice adopted m the Collier County growth management plan a~d as defined a~d implemented through the Collier County Adequate Public Facilm'es Ordinance [Code ch. 106, art. I1], as amerced. 18. Such other factors, slat~ards, or criteria that the board of county commissioners s]~tll deem important m the protection of the public health, safer),, atwl welfare. PUD Re~one Considerations (LDC Section 2. 7.3.2.5) The suitability of the area for the r)pe a~M pattern of developrnent proposed m relation to physical characteristics of the land, surroul~mg areas, traffic a~ access, drainage, sewer, water, and other utilities. Adequa©' of evidence of unified control and suitability of any proposed agreements, contract, or other itlStr~metltS, or for amo3dments itl those proposed, particularly as the), may relate to arrangements or provisions to be made for the continuing operation and mamtenance of such areas w~ facilities that are not to be provided or maintained at public expense. Fitxh'ngs a~M recommelMations of this Ope stroll be made only after cot~suhation with the county attorney. 3. Conformir)' of the proposed PUD with lite goals, objectives a~wt policies of the growth managemen! plan. 771e mlernal atwt exlernal compatibilir)' of proposed uses, which cot~litions mm' include resrrictiolzs on location of improvements, restrictions on design, attd buffering at~d screening requirements. 5. Tile adequacy of usable open space areas itl existence at~ as proposed to sem'e the development. 6. The liming or sequence of development for the purpose of assuring the adequacy, of m,ailable improvements a~wl facilities, both public and private. 7. The ability' of the subject property atxl of surrout~mg areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations itl the particular case, based on determi~mtion that such modifications of justified as meetmg pubh'c lm~rposes to a degree at least equivalent to literal application of such regulatiorm. o APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10198 l)eed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the cMc or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by exfsting deed otA,,tjltlgflO~ffOa JUN 2 2003 10. 11. Previous land use etitions on the sub'ect ro ertx': To your ~knowledge, has a public hearing been held on this property ~4thin the last year? If so, what was the nature of that heating? /.~': Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for ),our appfication to be deemed sufficient, unless other~4se waived during the pre-application meeting. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8V:" x 11" copy of site plan], dravca to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan ma), be requested upon completion of staff evaluation for distribution to the Board and various adx4sory boards such as the Environmental Advisow Board (EAB), or CCPC]; · all existing and proposed structttres and the dimensions thereof~ · prox4sions for exi~ing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all exfsting and/or proposed par'king and loading areas [include matrix indicating required and prox4ded par ~king and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies ora recent aerial photograph, (taken within the prex4ous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or w41dlife habitats and their boundaries. Such identification shall be consistent ~4th Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of 0 · °'y"°"~ of the required portion of native vegetation to be preserved (per LDC SectOr 3.9.5.5.4.). JUN 2 APPLICATION lvOR pLrBLIC H2EAR1NG FOR pUD REZONJE - 10198 NOTARIZED LETTER OF AUTHORIZATION FROM PROPERTY OWNER RE: Proposed PUD Rezoning for 46.6+ Acres Located on the North Side of Immokalee Road approximately 1.25 miles east of Oakes Boulevard, in Collier County, Florida To Whom It May Concern: Please be advised that I, David A. Custer, as managing partner of H.D. Development, LLC and applicant, have engaged the following consultants: Boylan Environmental Consultants, Inc., 11000 Metro Parkway, Suite 4, Fort Myers, Florida 33912; Johnson Engineering, Inc., 2158 Johnson Street, Fort Myers, FL 33901 and Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B-l, Naples, Florida 34105; to apply for and act as agents regarding the subject petition. I hereby certify that H.D. Development, LLC is the owner and has unified control of the subject property. Sincerely, David A. Custer, Managing Padner STATE OF COUNTY OF ~'~ The foregoing instrument was a~knowledg~d ~efore me this /~¢(, day or have produced -,,':/.. ~ --. " Who is/are personally known to me ' as identification and who did (did not) take an oath. of Notary Public Printed Name My Commission Expires: q ,%c r.. 4 I~'".:~ ~ co,,~,ss,o,,,, c~ ~ / I~;~o',~ EXPIRES: November 5, 2004 / SEAL PUDZ-2002-AR-2~ PROJECT #20020 DATE: 4/25/02 FRED REISCHL JUN 2 ~ ~ Letter Affidavit HD Development PUD On March 28, 2002 letters were mailed to all property owners within 500 feet of the subject property. Additionally letters were mailed to the North Naples Property Owner's Assn. and the Golden Gate Estates Area C ¢ic Assn. William L. Hoover, A1CP PUDZ-2002-AR PROJECT #2001 020~ 2 1t ~3 DATE: 4/25/02 FRED REISCHL Public Participation Meeting Summary HD Development PUD April 8, 2002 The meeting was called to order at 5:21 PM by Collier County Planner Fred Reischl. There were approximately 12 people in attendance including Collier County Community Planning Coordinator Jane Eichhorn. Mr. Reischl outlined the petition process and introduced Bill Hoover fi-om Hoover Planning & Development as the petitioner's representative. Mr. Hoover gave an overview of the proposed project and how the various proposed land uses would occur. It was noted that the single family residences to be built on the north side of the project will be compatible with Olde Cypress. Questions were asked concerning traffic and project access points. Mr. Hoover noted that the density being requested is far less than allowed. This will positively effect traffic and services needed. Mr. Custer noted that this was his second development project in the area. The meeting ended at 5:37 PM. PUDZ-2002-AR-2433 PROJECT #2002020027 DATE: 4/25/02 FRED REISCHL JUN 2 ~ 2003 STAT MEIqT OF UTILITY PROVIS IIS FOR pUD REZ~ 1. NAME OF APPLICANT: ~ ~ ~ 2. MAILING ADDRESS: p.O. Box 1529 -- sTATE ~ ZIP ~ 33601 -- cITY Tampa__, 3. ADDRESS OF SUBJECT pROPEKTY (IF AVAILABLE): ~ect is located · miles east of I-'75, on the north side of Lmmolcalee~xm~5 -- 4. LEGAL DESCRIPTION: Section: 21 Township: 48 Sou~ Kang¢:~ 26 Eas_.__3t __ Block: Lot:_ ------- Plat Book: _ _ page #. Metes & Bounds Description: Subdivision: -- Property I.D. #00185880006/001 g652_ 0006_ 00186000005__ -- see attached TYPE OF SEWAGE DISPOSAL TO BE pROVIDED (Check applicable system): a. cOUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM e. FKA~NCH1SED UTILITY SYSTEM PROVIDE NAME. d. PACKAGE TREATMEIq-'I PLANT (GPD capacity) ~ ---- ~ e. sEPTIC SYSTEM TYPE OF WATEK SEKV1CE TO BE PROVIDED: __----- a. COUNTY UTILITY SYSTEM - b. CITY UTILITY SYSTEM _ ¢. FRANCHISED UTI]JTY SYSTEM -- PROVIDE NAME___----- - ~ d. pRIVATE SYSTEM (WELL) '------- 7. TOTAL POPULATION TO BE SERVED: 80fin le famit units 2 000s · ft. of ~al office us_ e pUDZ-2 pROJECT DATE: 4/25/02 FRED The subject property being 46.64+ acres, is comprised of 3 separate parcels that are located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: The West half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, Collier County, Florida. The West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida. The East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record. JUN 2 ~ 2003 8. pEAl( AND AvEEAGE DAILY DEMA24DS: AVERAGE DA1LY~ - " A. WATER PEAK ~ AYEEAGE DAILY 27.~7~~50 GPU B. SEWER pEAK_ ~ 9. If PROPOSING TO BE CONNECTED TO COLLIER COtqxrIY REGIONAL WATER sYSTEM, pLEASE pROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: ~ 3anuarv 2004 · NT' provide a brief and concise narrative statement iO_._~NAgRATIVE STATEME. ' ..... lment process to be used as well as a and schematic drawing ol sewage; spccifie ~atement ~egarting the method of affluent and sludge disposal. percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. S~ee ~ort unde~Utilit~dicati°n State_merit_ If the project is 11. C°LLIER CouNTY LITILIT¥ DEDICATION STATEMENT: located within the services boundaries of Collier County's utility service system, written notarized statemem shall be provided agreeing to deal/cate to Collier County Utilities the water distribmion and sewage collection facilities within the projeCt area upon completion of the construction of these facifities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agrcement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall co,ara-in an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. _ 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre_application meeting, if the projeCt is to receive sewer o~ potable water services from any provider other than the County, a statement from that provider hndicating that there is adequate capacity to serve the project shall be provided. JUN 2 2003 The sewer demands were calculated using values noted in 14'KS's 10-D6. This flow is based on a high-end estimate of the probable sewage flows for the above referenced project. SEWAGE FLOW_ ~toposed Office- 25,000 SF X 15GPDI100SF = 3,750 GPD Residential Units - 80 LIN'ITS X 300GPD/UNIT -- 24,000 GPD Total Estimated flow - 27,750 GPD AVERAGE DAILY DEMAND; 27,750 GPD Q,~= 27,750 GPD (1 Day/24 HOt/RS) (1 HOUR/60 Min.) = 19.27 p -- EQUIVALENT POPULATION IN THOUSANrDS p = 27,750 GPD (1 PERSON/125 GPD/1000 PEOPLE) = 0.22 PEAKING FACTOR = (18 + p'A) / (4 + p'/') = 4.13 Qp = PEAK FLOW -- (4.13) (19.27) GPM = 79.6 gpm Water Demand = 135% of sewer demand, therefore: Average Daily Water Demand = (1.35) (79.6 gpm): 107.5 gpm JUN 2 2003 HOOVER PL4NNING & Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions April 12, 2002 RE: Traffic Impact Study for the Proposed H.D. Development PI_ID, Located on Immokalee Road, Unincorporated Collier County, Florida INTRODUCTION_ This project comprising 46.64+ acres is located on the north side of Immokalee Road approximately 1.25 miles east of Oakes Boulevard (see map on Exhibit 1). The proposed H.D. Development PUD is a mixed-use PUD with up to 80 single-family homes and a small professional/medical office section along Immokalee Road, where the project abuts the Preserve Commons commercial subdivision. The northwestern portion of the project will be developed for up to 80 single-family units and the southeastern area for office uses. The 1.73-acre office area will be limited to professional and medical office uses with a maximum of 25,000 square feet of gross floor area. A wide wetland preserve separates the residential areas from the commercial area and a cross-access between these two uses is not feasible due to environmental reasons. The project is expected to be built-out by late 2004. The proposed office uses have a platted access through the Preserve Commons commercial subdivision (see Plat Book 34 Pages 98-99). The applicant also has a recorded easement agreement that allows the proposed 80 single-family homes to utilize Treeline Drive to gain access onto Olde Cypress Boulevard and eventually Immokalee Road. This easement agreement does not allow our project to provide a cross-access to the abutting Agriculturally-Zoned land to the west, as Treeline Drive has a gated entry between the subject project's entrance and Olde Cypress Boulevard. However, that property also abuts Treeline Drive and its developer should also be able to arrange a similar access onto Treeline Drive. TRIP GENERATION~ T--he ITE's 6th Edition of ~ was utilized to estimate the number of trips. Category "Single-Family Detached Homes (210)" was used for the computations and the computations were based on the maximum number of dwelling units (80). Category .,Medical-Dental Office Building (`720)" was used for the office computations and these were based on the maximum number 1,000 square feet of building gross floor area (25,000 sq. ft.). The medical-dental building category was utilized over t,~e general office building category, since this TIS was required to represent the "worst case" of the proposed uses. The "Fitted Curve Equation" was used except where it was unavailable. SINGLE-FAMILY DETACHED ~10 Based on #U_nits ~-~,8,0~_ ~ Formula= Nu_mber or_Trips per Tinge Period 422(50%)/422 5-~°/~)lx~ Ln(T)=.920 Ln(x) 4- 2.707 = 844 Weekday Daily Trips T=0.700(x)+9.477=65Wkdy. AM PK HR of Adj. St. 16(25%)/49(7 "' Ln(T)=0.901 Ln(x) + 0.527 = 88 Wkdy. PM PK HR of Adj. St. 56(,64%)/32(34 ~ MEDICAL-DENTAL OFFICE BUILDING {720) {Based on 1~000 Sq. Ft. of Gross Floor Area) Formula = Number of Trips per Time Period T -- 40.892(x) - 214.97 -- 808 Weekday Daily Trips Ave. Rate = 2.43 x (x) = 61 Wkdy. AM PK HR of Adj. St. Ln(T)=0.921 Ln(x) + 1.476 = 85 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 404(50%)/404(50%) 49(80%)/12(20%) 23(27%)/62(73%) TRIP DISTRIBUTION Trips were distributed based on methodology in the ITE's Transportation and Land Development and the ITE's "Traffic Access and Impact Studies for Site Development", TAZ maps with their demographics, and knowledge of the study area. More specifically, the residential trips were distributed based on projected trip-end destinations for the future residential units. Exhibit 2 depicts projected significant trip-end destinations for the residential portion of this project. Exhibit 3 shows the residential trip distribution based on these key residential trip-ends. The project's cumulative residential trip distribution was then determined by having the project's residential traffic utilize the most likely route to and from the trip-ends (see E.'xhibit 4). The project's residential trip assignment is shown on Exh/bit 5. The trips for the proposed office buildings were distributed based on dwelling unit counts within Traffic Analysis Zones (TAZ) of the project's trade area. A map showing the office's trade area and trip distribution for each TAZ is shown on Exhibit 6. The number of dwelling units in each TAZ were first put on a list (see Appendix) and these were based on the 2001 d~velling unit counts as of March 31, 2001. After totaling all of the dwelling units within the trade area, the ratios of the dwelling units within each TAZ compared to those within the total trade area were computed for all of the TAZ. The ratios were rounded to the nearest full percentage point. Next each ratio was assigned to the closest roadway serving each TAZ. This is also shown on Exhibit 6. The project's cumulative trip distribution was then determined by having the traffic utilize the most likely route to and from the subject site (see Extfibit 7). The trip assignment for the office portion of the project is shown on Exhibit 8. The project's office and residential traffic was then combined and the project's total trip assignment is shown on Exhibit 9. PLANNED ROADWAY IMPROVEMENTS The AUIR planned roadway improvements for the 5-year plan commencing in FY 02 is shown on Exhibit 10. Key among these roadway improvements are the completion ~ fthe 4-1aning of Immokalee Road in FY 02, between 1-75 and Collier Boulevard; the construction of Livingston Road as a 4-1aned arterial; and the widening of Vanderbilt Beach Road commencing in FY 03. Vanderbilt Beach Road, between Airport Road and Logan Boulevard, is scheduled to be 6-1aned, and between Logan Boulevard and Collier Boulevard to be 4-1aned. The numerous planned roadway improvements based on the latest AUIR are shown on Exhibit 10. These planned improvements were ul tized when projecting the project's RDI and LOS standards in 2004. JUN 2 2003 RADIUS OF DEVELOPMENT IMPACT The Radius of Development Impact (RDI) was based upon the County's determination that the RDI for this type of PUD Rezoning is any arterial roadway within 5 miles where the project's total trips exceed 1% of LOS C for any roadway segment. The project's RDI is Oakes Boulevard, between Vanderbilt Beach Road and Immokalee Road; Livingston Road, between Vanderbilt Beach Road and Immokalee Road; and Immokalee Road, between Airport Road and Collier Boulevard. Exhibit 11 shows the project's RDI. EXISTING TRAFFIC (2002) To project the existing 2002 traffic and future traffic the data fi.om the County's 2001 traffic counts were utilized. After adjusting these gross counts to reflect the truck factor (.9524), traffic projections beyond 2001 were increased annually by 8% to reflect growth and background traffic. Peak Season Daily Traffic was based on the Peak/Annual Ratios also listed in the County's 2001 traffic counts. These Peak/Annual Ratios are shown on Exhibit 12. The Annual Average Daily Traffic (AADT) and Peak Season Daily Traffic (PSDT) in 2002 for each roadway segment within the RDI and that roadway segment's LOS is also shown on Exhibit 12. For PSDT in 2002, all of Oakes Boulevard is at LOS B; Immokalee Road, between 1-75 and Collier Boulevard, is at LOS B; and Immokalee Road, between Airport Road and 1-75, is at LOS F. FUTURE TRAFFIC AT BUILD-OUT (2004) The opening of Livingston Road and the 4-1aning of Collier Boulevard will provide quality alternative roadways to Oakes Boulevard. These are projected to reduce traffic along Oakes Boulevard by 25% in 2004. For PSDT in 2004, all of Oakes Boulevard is projected to be at LOS B; Immokalee Road, between 1-75 and Collier Boulevard, is projected to be at LOS B; and Immokalee Road, between Airport Road and 1-75, is projected to be at LOS F. Exhibit 13 shows the 2004 traffic conditions for Peak Season Daily Traffic. PROJECT'S IMPACT WITHIN RDI Based on Peak Season Daily Traffic, the project's traffic will not lower the LOS on any roadway segment within the project's RDI. However, the project's traffic impacts this roadway segment at 4.8% of LOS C. COMPREHENSIVE PLAN COMMENTS 1.3/1.4 The LOS will be acceptable on all County roadways within the RDI, except for Immokalee Road, between Airport Road and 1-75. 5.1/5.2 RDI that will be operating at an unacceptable LOS. significant LOS on Immokalee Road, between 1-75 roadway section will be at LOS B. The project will not have a significant impact on any arterial roadway within its The project's traffic will have a and Collier Boulevard, but this JUN 2 21]03 7.2 Cross-accesses have already been provided in writing with adjoining properties to the north and east. This easement agreement with the adjoining property to the north does not allow our project to provide a cross-access to the abutting Agriculturally-Zoned parcel to the west, as Treeline Drive has a gated entry between the subject project's entrance and Olde Cypress Boulevard. However, this Agricultural-Zoned property also abuts Treeline Drive and its developer should also be able to arrange a similar access onto Treeline Drive. 7.3 The project ~'lll meet the latest parking requirements within the LDC at the time of SDP review and approval. Prepared by: HOOVER PLANNING & DEV., INC. William L. Hoover, AICP HP File #304tis.rep JUN 2 EXHIBIT 1 LOCATION MAP Subject o~ ~ ~ : Project 0 .5 I ~ ~ £ ~ Mite .~ o~ ~ ,mmokolee Rd. ~ / ~' ~ Vonderbflt Beoch Rood ~ Golden Gote ~ Blvd. Green Blvd. ~ Golden Cot% P°rkwoz JUN 2 ~ ~3 EXHIBIT 2 KEY TRIP-END DESTINATIONS FOR SITE'S RESIDENTIAL TRAFFIC X N 0 = Office Parks B = Business Parks I = Industrial Parks L =Coun t.y Libraries P =Coun ty Porks KEY C = Smafler Commercial Areas M = Medium-Sized Commercial Areas X = Larger Commercial Areas S = Schools H = Hospitals 0 . $ I Subject I ~ I ,o ~. ~ Pro iec t ', O H 0 MO()M ( P I OP M~M ~ · S S S M M Vonderbilt Beach Rood irt X S~ / ~losso? Dr.~ ° ~ ~ Go/den Gate Blvd. S C ~ 0 C ~ X Pine Ridge Rood C White Blvd. 0 c x x C Green Blvd. ~ ~ ~ ~ c ~ ~ ~ ~ X C .~ ~ m c 0 Golden Gate Parkwo~ C s ~ - o ~ 11 ' X C 0 -- o c c JUN 2 EXHIBIT Z, TRIP DISTRIBUTION FOR PROJECT'S RESIDENTIAL TRAFFIC 10% 5% 6% 0 F .5 1 Mile Immokalee Rd. w E ~ Vanderb 3% 10% 2% Golden Gate Road 1% :orkwa, y 2% Green Blvd. Subject Project Dr. rve Ln. 7- 4% 6% P;n~ Ridge Road / 1% 1% Golden Gate Blvd. JUN 2 ~ EXHIBIT 4 CUMULATIVE TRIP DISTRIBUTION FOR PROJECT'S RESIDENTIAL TRAFFIC , ~ ~ ~ Subject .5 I o~ ~ s ~ Project Mile Immoko/ee Rd. ~ / ~ ~ ~ ~ ~ ~,er~ Ln. ~ ~~/ ~ / / / ~ ~ ~ 5% 5% ' ~ Vonderbflt Beoch Rood _15% ~9%N ~ 2% ~r. / 6~ ~ ~ Golden Gore ~ ~ Blvd. / ~ 2~ 5~ / ~ Green Blvd. 7% 1%~ / - EXHIBIT 5 TRIP A $$1GNMEN T FOR PROJECT'$ RESIDENTIAL TRAFFIC 9 11 110 0 .5 1 ~ Mile Immokotee Rd. 22 50 287 Blossom 12 16 152 Vonderbih 6 8 ~r. 76 Golden Gore --~ 44 59 565 17 25 219 12 17 160 Beoch Rood 2 J 25 ~orkwoy H 55 74 709 J 4 42 1 2 17 Subje c t Proje c t rye In. 10 14 155 1 1 8 n Blvd. Pin~ Ridge Road 2 17 Golden Gore Blvd. / 1 2 17 JUN 2 © <~ U n L§6 EXHIBIT ? CUMULATIVE TRIP DISTRIBUTION FOR PROJECT'S OFFICE TRAFFIC 0 .5 1 J Mile Imrnokolee Rd. "-' 54% 86% / Vonderb#1 Beoch Rood 'r. 17~ Green Blvd. Subject Project 14~ Golden Gate Pine Ridge Rood / Golden Gore Blvd. JUN 2 ~ EXHIBIT 8 TRIP ASSICNMENT FOR PROJECT'S OFFICE TRAFFIC ~5 w ~ ~ Subject 5 I e~ ~ s ~ Project Mile ,~moko/ee Rd. ~ / ~ ~ ' ~ ~ ~///~se~e Ln. 1 ~ 22 52 9 18 50 ~ 75 12 2 170 28~ ~ ~ 695 11~ 24 2~ 285 ~~ Vonderbi/f Beoch 8 Blossom r. 12 ~ 10 ~ 8 1~7 ~ Golden ~ate ~ Blvd. / ~ Green Blvd. " JUN 2 j Go/den EXHIBIT 9 TRIP AS$ICNMENT FOR PROJECT'S TOTAL TRAFFIC 0 .5 1 J Mile 8 11 110 Immokalee Rd. ,e B ~ssom $5 48 457 12 16 152 w £ 77 107 26 4 89 147 848 1404 248 J2 18 ~ 25 24 55 22 7 jjj Vanderb[I Beach Road 7 10 9 15 84 738 I2 17 160 Go/den Gate Subject Project 7 10 99 1I 16 154 P;n ~ / Green Bird Ridg~e Road 2 J 25 1 2 17 ~lden Ga te Blvd. JUN 2 ~ 2003 EXHIB/ T 10 AU/R PLANNED ROADWAY' /MPROVEMENT~c 0 .5 1 I ~ I MiTe Immokalee Road Btosso~m D & C Blvd. 6-LANING / I IN FY 0,3 G-I_ANING IN FY OJ 4-LANING IN FY Vonderb#t Beach Rood / IPine Ridge Rood Green Blvd. / Go/den Gate Park way EXHIBIT 11 DETERMINATION OF PROJECT'S RDI KEY 1,) GREATER OF PROJECT'S AM OR PM PEAl'( HOUR TRIPS PERCENT OF ROADWA Y'S LOS ¢ A T PEAK HOUR 2~ WITHIN RDI (1.0% OR MORE OF LOS 9 0.6% NO 0 I- 11 O. 7% NO .5 1 Mile Immokatee Rd. 55 2.2% YES 16 O. 9% NO e Blossom Dr. Vonderb~ 9 0.2% NO Golden Gate 77 147 26 4. $% 7. 9% 1.4% YES YES YES 24 1.5% YES 55 3.8% YES Rood NO 16 0.3% NO Green Blvd. ~ark wa,y ~ Subject Project ~,rve Ln. 0 O. 0% NO 10 O. 5% NO / ,3 0.2% NO Ridge Rood 2 / 0.1% NO 4 O. 4% NO BI vd. ?olden Gate EXHIBIT 12 EXIS TINS TRAFFICIN KEY ~.,) AAD T/L OS £.) PSI) T/AAO T RAT/O 5) PSD T/LOS 2002 ~5 w £ ~ Subject .5 1 ec ~ Project ~ I ~ ~ s Mile 'G ,z Immokolee ~d. ~ / $ ~ ~ ~ ~ ~///~ser~ Ln. 16, 543/LOS B 31, 466/L OS E ~ 108. 82% 133. 81% 42,104/LOS F ~ ~;~ i&2OO/LOS ~~ 11,288/L OS B ~ ~ 99. 40% · ~ 11,200~LOS B ~ Vonderbilt Beech Re , <~)/ Pine Ridge Rood m Green Blvd. co//,~ cot~ Po~ox JUN 2 EXHIBIT 13 pROJECTED PEAK ,SEASON DAILY TRAFFIC IN 2004 KEY. 1) WITHOUT PROJECT'S TRAFFIC/LOS 2) PROJECT'S TRAFFIC ,~,) WITH PROJECT'S TRAFFIC/LOS N o .5 ~ ~ ~ / ~- ~ ' ~ I ~ ~.1 / ImmokoleeRd. ~---- ~ ~ ~ ~~ / ,~1 20,977/L05 B 20,977/LOS B ~ ' ~ 1,404 248 ~9,288/LOS ~,288/LOS F ~ 22,~81/LOS B 21,225/LOS B 457 848 F ~ Z~,Z~/LOS F ~0 ~5~/:OS F ~ ~ ~ ~ ~ ~ ~ 9, 798/LOS B .~ ~ Vonderbilt Beach Road ~ ~ Golden Gate ~ BI vd. ( ~ ~ P,n~ ~Mg~ Rood m Green Blvd. JUN 2 ~ ~03 Golden Gate Parkway ~~ , APPENDIX JUN 2 ~ 2003 ,,.~ 511 .ly C4 q52 I% JUN 2 ~ 21~13 '2SI DATE: LOCATION: SUBJECT: Public Participation Meeting Please Print Name NAME PHONE NUMBER v -' I b PUDZ-2002-AR-2433 PROJECT 142002020027 DATE: 4/25/02 FRED REISCHL .s-o-.-::z y ORDINANCE NO. 03-__~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8621 S; BY CHANGING THE ZONING CLASS~ICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS H.D. DEVELOPMENT PUD LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846) APPROXIMATELY 1.25 MILES EAST OF OAKES BOULEVARD, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.64_+ ACRES; AND BY PROVIDING AN EFFECTIVE DATh. WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, Incorporated, representing H.D. Development, LLC, 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, that: _SECTION ONE.: The zoning classification of the herein described real property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the H.D. Development PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8621S, 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency Ma~jone M. Student Assistant County Attorney PUDZ/20021AR-2433/FR/lo JUN 2 q 21)I)3 H.D. DEVELOPMENT PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: DAVID A. CUSTER, MANAGER H.D. DEVELOPMENT, LLC 14845 FRIPP ISLAND COURT NAPLES, FLORIDA 34119 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and DAVID WILLEMS, PE JOHNSON ENGINEERING, INC. 2158 JOHNSON STREET FORT MYERS, FLORIDA 33901 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" April 19~ 2002 April 11 ~ 2003 JUN 2 ~ 2OO3 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL AREAS PLAN PRESERVE AREAS PLAN DEVELOPMENT COMMITMENTS PAGE ii III 1 2 4 7 12 13 ii AGENOA rr'E~ JUN 2 ~ 2003 EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN 111 JUN 2 ~ 2EI3 STATEMENT OF COMPLIANCE The development of approximately 46.64+ acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the H.D. Development PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the H.D. Development PUD will be consistent with the growth policies, land development regul;~tions, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The Project is located within an Urban Residential Mixed Use designation of the Future Land Use Element. The projected density of 2.23 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwellinq units/acre Maximum Permitted Density 4 dwelling units/acre Maximum permitted units = 46.64 acres x 4 dwelling units/acre = 186 units. Requested dwelling units = 104, which results in a requested density of 2.23 dwelling units/acre. 6. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. JUN 2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the Project name of the H.D. Development PUD. LEGAL DESCRIPTION The subject property being 46.64+ acres, is comprised of 3 separate parcels that are located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: The West half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, Collier County, Florida. The West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida. Co The East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record. PROPERTY OWNERSHIP A. The subject property is owned by: David A. Custer, Managing Partner, H.D. Development, LLC, 14845 Fripp Island Court, Naples, Florida 34119. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the north side of Immokalee Road, approximately 1.25 miles east of Oakes Boulevard, unincorporated Collier County, Florida. B. The entire Project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. JUN 2 2003 1.5 PHYSICAL DESCRIPTION. The project site is located within the Cocohatchee River Canal drainage basin according to the Collier County drainage atlas. The proposed outfall .for the project is the Cocohatchee Canal located north of Immokalee Road; the peak discharge rate from the design storm will be limited 0.04 cubic feet per second/per acre in accordance with Collier County Ordinance No. 90-10. Natural ground elevation is approximately +12.0 to +14.0 NGVD. The entire site is located within FEMA flood Zone X with no base flood elevation specified. The water management system for the project proposes the construction of the perimeter berm with crest elevation set at the 25 year 3 day flood stage. Water quality treatment is proposed in on site lakes, swales and detention areas prior to discharge to the Cocohatchee Canal. Per Collier County's soil survey dated 1998, there are 3 types of soil found within the limits of the property: No. 17 - Basinger fine sand. No. 25 - Boca, Riviera, limestone sub stratum and Copeland fine sand, depressional No. 27 - Pompano fine sands, depressional. The site vegetation consists mainly of pine and palmetto flat woods with mixed cypress and a cypress canopy with wire grass understory. The proposed plans are to preserve the high quality cypress slough area through the project and have two independent development tracts in the upland and lower quality wetland areas of the project. The site has been impacted by melaleuca and other exotics that will be removed as part of the proposed site improvements. 1.6 PROJECT DESCRIPTION_ The H.D. Development PUD is a Project comprised of a maximum of 104 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "H.D. Development Development Ordinance." Planned Unit JUN 2 2003 SECTION II 2.1 2.2 2.3 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. GENERAL Regulations for development of the H.D. Development PUD shall be in accordance with the contents of this document, PUD Planned Unit Development, and other applicable sections and pads of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless othem, ise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All applicable regulations, unless specifically waived through a variance procedure or separate provision provided for in this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this Development. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND U,,;E~ A maximum of 104 dwelling units shall be constructed in the Residential Areas of the project. The gross project area is 46.64+ acres so the residential density of shall be a maximum of 2.23 units per acre. JUN 2 2003 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A," PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the Development of the land shall be in compliance with the PUD Master Plan, Division 3.2, Subdivisions, of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 in effect prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 2.6 MODEL UNITS AND SALES FACILITIES. A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers may be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted, in accordance with Section 3.2.8.3.6 of the Land Development Code, as amended. Off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volur:~e excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. JUN 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 104 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings in Tracts 1 and 2 2. Single-family dwellings including attached and zero-lot line in Tract 2 only. 3. Multi-family dwellings in Tract 3 only (includes townhouses and garden apadments). 4. Any other use deemed comparable in nature by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. Temporary sales trailers and model units. Gatehouse. 6 JUN 2 ~ 21][13 3.4 Essential services, including interim and permanent utility and maintenance facilities. Water management facilities. Any other accessory use deemed comparable by the Board of Zoning Appeals. DEVELOPMENT STANDARDS A. Table I sets forth the Development standards for land uses within the H.D. Development PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. JUN 2 zt 2003 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit} Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (3) Wetland Preserve Area Setback SINGLE-FAMILY ON TRACT 1 12,000 Sq. Ft. 85' Interior Lots (1) 95' Corner Lots 23' (2) 7.5' NA 20' 10' NA NA 20' 25' SINGLE-FAMILY ON TRACT 2 6,OOO Sq. Ft. 55' Interior Lots (1) 65' Corner Lots 23' (2) 0' & 12' or both 6' 0' & 15' or both 7.5' NA 20' 10' NA NA 20' 25' MULTI-FAMILY ON TRACT 3 NA NA NA 15' 7.5' 10' 12.5' 20' 10' 20' 10' 20' 25' Distance Between Structures Main/Principal 1 -Story 2-Story 3-Story Accessory Structures 12' 15' NA 10' 12' 15' NA 10' 15' 20' 25' 10' Maximum Heiqht Principal Building Accessory Building Minimum Floor Area 35' with a maximum of 2 stories 20'/Clubhouse 35' 24OO Sq. Ft. 35' with a maximum of 2 stories 20'/Clubhouse 35' 1600 Sq. Ft. 42' with a maximum of 3 stories 20'/Clubhouse 38' 650 Sq. Ft. for 1 Bedroom 900 Sq. Ft. for 2 Bedrooms 1000 Sq. Ft. for 3 Bedrooms (1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%. (2) The front yard setback for side-loaded garages may be reduced to 18', with the home remaining at 23', where the applicant demonstrates that 2 vehicles can be adequately parked on a double-wide driveway without overhanging onto the sidewalk located at the edge of the right-of- way. (3) Lake setbacks are measured from the control elevation established for the lake. AGENDA IYEM _ JUN 2 ZOO3 B. Off-Street Parkinq and Loadinq Requirements: Parking regulations shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site for any residential project. A minimum of 11.52 acres, 25% of the viable native vegetation, shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. Landscapin.q and Bufferinq Requirements: If landscape buffers are determined to be necessary adjacent to the wetland preserve areas, they shall be separate from those preserve areas. A twenty (20) foot Type "D" Buffer shall be provided within the Residential Areas adjacent to Immokalee Road, a ten (10) foot Type "A" Buffer along the western PUD boundary, a ten (10) foot Type "D" Buffer adjacent to Treeline Drive, a ten (10) foot Type "A" Buffer adjacent to the single-family home on the east side of Treeline Drive, and a fifteen (15) foot Type "B" Buffer along the eastern side of Residential Area - Tract 3. o Remaining landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected within the Residential Areas. Landscaping and streetscape materials shall also be similar in design throughout the Residential Areas. All pole lighting, internal to the Residential Areas, shall be architecturally designed, limited to a height of thirty (30) feet. AGENOA IT~d.~..- '1 JUN 2 2003 Siqns. Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. ]0 JUN ~ ~ Zl]83 SECTION IV PRESERVE AREAS PLAN 5.1 5.2 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Environmental Staff's review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. Any other use deemed comparable in nature by the Board of Zoning Appeals. 1! JUN 2 2003 SECTION V DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 PURPOSE The purpose of this Section is to set forth the commitments for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The developer, his successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. PUD MASTER PLAN Ao Exhibit "A," PUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Revisions to this PUD Master Plan, which implement governmental agency requirements, shall not be considered an amendment to the PUD Master Plan. Bo All ne;essary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. ]2 JUN 2 2003 6.4 6.5 6.6 6.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in 1 or 2 phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING Ao This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for Development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2., Subdivisions, and Division 3.3., Site Development Plans. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) permit, permit modification or waiver shall be provided to Collier County at the time of construction plans review. If the project is proposing construction impacts within a Big Cypress Basin maintained easement, the applicant shall provide a copy of the approved SFWMD Right-of-Way Permit to Collier County during the review of the construction pans. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. All road imFact fees must be paid prior to removal of material from the site. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. JUN 2 6.8 TRAFFIC The development of this PUD shall be subject to and governed by the following minimum stipulations. Also, note that any language within this PUD document, whether whole or in part, that conflicts or can be interpreted and/or construed in any way shape or form as being in conflict with the following minimum stipulations is null and void, as determined by Collier County Transportation staff: All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO). Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of County Commissioners (CCBCC). Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in r zture and subject to change as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. 14 JUN 2 2003 G. Any and a~l median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). I. The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. To ensure this the following shall be the minimum requirements provided relevant to same: 1. Pedestrian Travel Ways: a) b) On local roadways sidewalks shall be a minimum of six feet in width. On collector and arterial roadways sidewalks shall be a minimum of eight feet in width. Bicycle Travel Ways: a) On local roadways bike lanes are not required. However, it is preferred that travel lanes be a minimum of twelve feet in width so as to accommodate bicyclists. b) On collector and arterial roadways in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimum four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards ar d safe practices, as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. The developer(s), its successor(s) in title, responsible for the cost of any and all traffic or assignee(s), will be signal(s) at any and all JU i 2 I development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage/impact. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of- way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Mo All internal access(es), drive aisle(s), sidewalk(s), etc., not located within County right-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). No Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval shall be obtained/received from Collier County Transportati, ,n staff. If a gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this the following shall be the minimum requirements provided relevant to same: 16 AOENDA ITI~ JUN 2 2003 6.9 1. The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than/a minimum of 100 feet to the key pad/phone box for the proposed gate(s). 2. A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. PLANNING A. If during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Furthermore, the procedures of Section 2.2.25.8.1 of the Land Development Code shall be followed. B. Sidewalks six feet in width shall be provided on both sides of local streets and shall connect on-site residential buildings to a sidewalk within a public roadway, or, if no sidewalk exists, it shall connect to the right-of-way line. Should a two-directional shared-use path be utilized, the minimum paved width shall be 10 feet. C. All sidewalks and bike lanes'shall be constructed in accordance with design specifications identified in Section 3.2.8.4.14 and Division 2.8 of the Land Development Code. D. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right-of-way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. E. For multi-family tracts, sidewalks, six feet in width, must be provided on both sides of local streets with a dedicated public right-of-way or roadway easement. Where there is no public right-of-way or road~.ay easement, sidewalks must connect on-site residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of-way line in accordance with Section 3.2.8.3 of the LDC. Should a two-directional shared use path be utilized, the minimum paved width must be 10 feet. 17 JUN 2 21Xi3 6.10 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to the project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD Master Plan. JUN 2 ~ E;~03 6.11 FIRE A. All improvements shall be in accordance with all applicable codes and ordinances. 19 JUN 2 ~ 2003 -- i.;- i 8 i J JUN EXHIBIT "A" l EXHIBIT "B" JUN 2 EXECUTIVE SUMMARY SE-03-AR-4038, AN ORDINANCE AMENDING ORDINANCE 02-26, THE AMERISITE REZONE TO CORRECT A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL INCLUSION OF AN INCORRECT LEGAL DESCRIPTION IN THE TRANSMITTAL COPY OF THE ADOPTED ORDINANCE TO THE DEPAI~'.TMENT OF STATE FOR THE PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from an incorrect legal description attached to Ordinance 02-26 (the Amerisite Rezone) that is consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: The Board of County Commissioners on May 28, 2002 approved Ordinance Number 02-26. This action provided for the rezoning of the subject site from "A" Rural Agricultural to "C-5" Heavy Commercial District allowing for commercial retail uses. Planning Services Staff subsequently discovered that incorrect Legal Description (Exhibit "A") was unintentionally included in the transmittal copy of the adopted PUD Ordinance sent to the Department of State. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. FISCAL IMPACT: It should be noted that this scrivener's error is only to include the correct legal description to Ordinance 02-26 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to C-5. In addition, the County collects impact fees prior to the issuance of building permits to help offset 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. - ,,e.,Eno~, rt~ JUN 2 ~ 2i)(i3 · 1 pi. j _ GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 02-26. RAY ~I~LLbVTS, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: CURPcENT PLANNING SECTION MAIkt'GARET x~/~ERSTLE, AICP, DIRECTOR PLANNING SLUICES DEPARTMENT DATE DATE APPROVED BY: ~ lg/)~I~'-~. SCI4MI;I'T ADMIN~STRATO ~MM~ITY DEV. AND ENVIRONMENTAL SVCS. Scrivener's Error/EX SUMMARY/AR4038/RVB/rb JUN 2 ~ 21~3 ORDINANCE NO. 03- ~ AN ORDINAlqCE AMENDING ORDINANCE NUMBER 02-26, THE AMERISITE REZONE, TO CORRECT A SCRIVENER'S ERROR DUE TO THE UNINTENTIONAL INCLUSION OF AN INCORRECT LEGAL DESCRIPTION IN THE TRANSMITTAL COPY OF THE ADOPTED ORDINANCE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 02-26, on May 28, 2002, and; WHEREAS, following said action adopting Ordinance No. 02-26, Planning Staff determined that Exhibit "A" of the Amerisite Rezone Ordinance transmitted to the Department of State did not contain the correct legal description and therefore constitutes a scrivener's error. NOW', THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO EXHIBIT "A", LEGAL DESCRIPTION Exhibit "A" of the Amerisite Rezone, Ordinace Number 02-26, is hereby amended to correct a scrivener's error by amending said exhibit to read as follows: Section: 14, Township: 50 S, Range: 26 E, Collier County., Florida Lot: , Block: _ ., Subdivision: On4~ ~"mnnna 00~ ! ~'~nnnn"; Plat Book ~ Page#: Property I.D.#: 00416800001 Metes & Bounds Description---~ $1'4 1/2, N 1/'2, N 1/2, SW 1/4, SW 1/4.. and S !,'2, S 1,,'2, ~ 1/,1, SW !/4 SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count3', Florida, this day of ,2003. ATTEST: DWIGHT E. BRt*CK, Clerk Approved as to Form and Legal Sufficiency: Mmjorik M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN JUN 2 2003 EXECUTIVE SUMMARY PETITION SNR-2003-AR-3868, KATHLEEN BAILIE OF BONNESS, INC., REPRESENTING KATHLEEN COURT PROPERTY OWNERS ASSOCIATION, INC. REQUESTING A STREET NAME CHANGE FOR THAT PORTION OF HOUCHIN STREET WHICH BEGINS AT THE INTERSECTION OF SEWARD AVENUE AND CONTINUES SOUTH TO BE NAMED KATHLEEN COURT, A LOCAL STREET LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests a street name change for a portion of Houchin Street to Kathleen Court. CONSIDERATIONS: The petitioner is requesting that that portion of Houchin Street which begins at the intersection of Seward Avenue and continues south to the cul-de-sac be renamed Kathleen Court. The name of the subdivision where the subject street is located, is Kathleen Court as well as the name of the property owner's association. Therefore, the petitioner has requested this portion of Houchin Street be renamed to bear the same name as the subdivision. Typically, the main street through a subdivision will bear the same name of the subdivision. The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 4 owners of property abutting the street in question, 3, or 80 percent, have granted their approval of the change. The Petitioner has met all legal requirements for requesting a street name change, and staff has no grounds for recommending denial of this petition. FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the form of staff time spent revising plats, zoning maps and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to u,')date records and maps. GROW'FH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. MAT 2 ? 2003 HISTORIC/ARCHAEOLOGICAL IMPACT[ There are no historical/archaeological issues associated with this petition. PLANNING SERVICES STAFF RECOMMENDATION; Staff recommends that the Board of County Commissioners approve Petition SNR 2003-AR-3868, changing the name of a portion of Houchin Street to Kathleen Court. EAC RECOMMENDATION: The EAC does not review street name change petitions. PLANNING COMMISSION RECOMMENDATION[, The Collier County Planning Commission does not review street name change petitions. PREPARED BY: j oYC.,~-E RN~T, p~R CURI~EN~LA~NG SECTION REVIEWED BY: DATE / ~US/~I I~uRRAY, AICP, MANAGER CURRENT PLANNING SECTION MARGARET,~UERSTLE, AICP, DIRECTOR pLANNING ~.RVlCES DEPARTMENT DATE DATE APPROVED BY: "-'-'- '- ISTRATOR DATE/ //~MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION "'SN R-2003-AR-3868 4AY 2 7 2003 C o~ MAY 2 7_ 2003 SNR-2003-AR-3868 PROJECT # 2003030017 DATE: 3/14/2003 JOYCE ERNST APPLICATION FOR STREET NAME CHANGE DATE: March 12, 2003 AGENT'SNASfE: Kathleen M. Bailie Telephone No. 239-597-6221 AGENT'SFIR/M: Bonness Inc. FaxNo. 239-597-741 6 AGENT'SADDRESS: 1990 Seward Avenue, Naples, FL 34109 PETITIONER'S NA3{E: Bonness Inc PETITIONER'S ADDRESS: 1990 Seward Avenue, Telephone No. 239 - 597 - 6221 Naples, FL 341 09 COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: Kathleen Court Mailing Address 1990 Seward Avenue Name of Homeowner Association: N / A Mailing Address N / A Property Owners Association, Inc. City Naples State FL Zip 341 09 City State __ Zip Name of Master Association: Mailing Address N/A City State Zip Name of Civic Association: N/A Mailing Address N / A City State __ Zip 2800 NORTH HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING Application for Street Name Change - 09/2000 JI AY 2 7.2003 PETITION SNR-2003-AR-3868 PROJECT # 2003030017 DATE: 3/14/2003 JOYCE ERNST TO: THE BOARD OF COUNTY coMMISSIO~ COLLIER COUNTY, FLORIDA THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGETHENAMEOFTHEFOLLOWINGSTREETNANIE FROM Houchin Street (south side Kathleen court ADDRESS LEGAL DESC. 1990 Seward Ave (lots 1-2) Sec11 Twp 49, RANGE ~L~'~ 1990 Seward Ave Lot6 - T49 TO March 12, 2 on] )nness 1025 5th Avenue North Lots4-5) sec11,T49, Michael lo, Jr. March 12, March 12 Application for Street Name Change - 09[2000 Pal MAY 2 ? 20Q3 List legal description(s) of properties abutting the street to be renamed. (Attach additional pages if necessary) A. Subdivision: Kathleen Court UnitNo. 314 _ TractNo. Lots 1-6 11 49 25 A. Section: Township: Range: B. Subdivision: Unit No. Tract No. B. Section: Township: Range: C. Subdivision: Unit No. Tract No. C. Section: Township: Range: D. Subdivision: Unit No. Tract No. D. Section: Townsh/p: Range: F. Subdivision: Unit No. Tract No. F. Section: __ Township: Range: Application for Street Name Change-09/2000 Page PROPOSED CHANGE: SNR-2003-AR-3868 PROJECT # 2003030017 DATE: 3/14/2003 JOYCE ERNST CURRENT NAME OFSTREET: Houchin Street (South side only) PROPOSED STREETNAM~: Kathleen Court STREET IN QUESTION IS: [] public, or [] private Reason for proposed change: Since the Homeowners Property Owners, we would like the street name is Kathleen Court name to be the same. Approximate length of street: l_2~LO__3ll/j~Number of parcels or lots abutting street: Total Number of property owners signing petition to change street name: 3 Percentage of property owners signing petition: 8 0 % Applicant ~] does, or [--] does not, (approx. $100.00 per sign ) LOCATION: Application for Street Name Change - 09/2000 agree to pay cost of street sign replacement for public street, MAY 2 ? 2003 Ps e4of6 ~ RESOLUTION 03- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING HOUCHIN STREET TO KATHLEEN COURT, WHICH STREET IS LOCATED IN THE SOUTHWEST ONE-QUARTER OF, SECTION ! I, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE . VvT-IEREAS, the Board of County Commissioners of Collier County, Florida (Board) is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, pursuant to Collier County's Code of Laws and Ordinances, Chapter 22, Buildings and BuiMmg Regulations, Article X, Numbering rJ Structures, the Board is required to approve requests to rename streets or roads by a majority vote pursuant to Section 22-346 et seq. and WHEREAS, the Board has been requested to rename that portion of Houchin Street to Kathleen Court, and this street is located at the intersection of Seward Avenue and continues south, in Section 11, Township 49 South, Range 25 East, Collier County, legally known as Tract R, Kathleen Court Subdivision, as recorded in Plat Book 33, Pages 6 and 7, and; WHEREAS, there is no other street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street. NOW THEREFORE, BE IT RESOLVED BY the Board of Co,,nty Commissioners of Collier County, Florida that: Effective this date, the name of the street described in the above WHEREAS clauses is changed h'om Houchin Street to Kathleen Court, and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the above-referenced Plat. This Resolution adopted after motion, second and majority vote ot the Board. Done this ~.day of ,2003. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to [orm and legal sufficiency: Patrick G. ~/hi'teYA~si~t~nt County Attorney SN R-2003-AR-3g6g;JL Io MAY 2 ~._ c:~ EXECUTIVE SUMMARY ADOPT AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 2001-13, AS AMENDED, PROVIDING CRITERIA AND GUIDELINES FOR THE REIMBURSEMENT OF IMPACT FEES, AUTHORIZING THE ASSESSMENT OF A NON-REFUNDABLE "IMPACT FEE REIMBURSEMENT PROCESSING FEE" AND PROVIDING CLARIFICATION FOR THE ASSESSMENT OF IMPACT FEES FOR CHANGES OF SIZE OR USE OBJECTIVE: That the Board of County Commissioners adopts the attached Ordinance to amend Chapter 74 of the Collier County Code of Laws and Ordinances. The Amendment includes criteria and guidelines for the routine and non-routine reimbursement of impact fees including the assessment of a non-refundable "Impact Fee Reimbursement Processing Fee" and provides clarification for the assessment of impact fees for changes of size or use. CONSIDERATIONS: County staff and staff of the Clerk of the Circuit Courts have determined that Collier County Consolidated Ordinance, 2001-13, would benefit from provisions which expressly authorize certain routine requests for reimbursements to be reviewed and approved at the Division Administrator level. Currently all reimbursements must be approved by the Board of County Commissioners. The new provisions allow for administrative approval of routine reimbursement requests while requiring non-routine requests greater than $25,000 to be approved by the Board of County Commissioners. In addition, an application process has been added which allows staff to accurately record and track reimbursement requests and ensures that all supporting documentation is provided with the request. The applicant will also be required to pay a non-refundable "Impact Fee Reimbursement Processing Fee" equal to two percent (2%) of the total reimbursement requested, with a minimum fee of $25 and a maximum fee not to exceed $500.00. The processing fee will not apply to those reimbursements determined to arise from errors in calculation or application of the fee schedule by County staff. The attached amendment also provides clarification for the procedures for assessing impact fees for Developments that create additional net demand on Public Facilities due to a change in size or use in order to ensure that impact fees are imposed equitably and lawfully. The intent of this portion of the Ordinance Amendment is to clarify existing language, which is supported by existing policies. JUN 2 21)83 Page 2 CIFO Amendment - Reimbursements Finally, the CIFO allows for the exemption of impact fees only under specific conditions. Clarification is required regarding the process for calculating an exemption and the loss of a previous exemption due to a change in use, ownership or other circumstances. The addition of the language in this section will help to ensure that exemptions from impact fees are applied correctly to qualifying developments and that impact fees are collected, in full, from those developments deemed to no longer qualify for exemption. FISCAL IMPACT: The impact fee rate schedules are not being updated as part of this amendment. GROWTH MANAGEMENT IMPACT: The approval of the attached amendment will not adversely affect the Capital Improvement Element. RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. SUBMITTED BY: REVIEWED BY: Amy Palterson, Impact Fee Coordinator Date: ~Dento~n ~5,..~ ' Date: Baker, Director, Financial Administration and Housing APPROVED BY: K. Schmitt, Administrator //Con~munity Development & Environmental Services Division JUN 2 2003 ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLEER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR CRITERIA AND GUIDELINES FOR THE REIMBURSEMENT OF IMPACT FEES; AUTHORIZING THE ASSESSMENT OF A NON-REFUNDABLE REIMBURSEMENT APPLICATION FEE; PROVIDING CLARIFICATION FOR THE ASSESSMENT OF IMPACT FEES FOR CHANGES OF SIZE OR USE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Collier County Consolidated Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, County Staff and the staff of the Clerk of the Circuit Courts have determined that the Collier County Consolidated Impact Fee Ordinance would benefit from provisions which expressly authorize certain routine requests for reimbursements to be reviewed and approved at the Division Administrator level so that all reimbursement requests do not have to be approved by the Collier County Board of County Commissioners; and WHEREAS, County Staff recognizes the need for, and desires to establish, specific criteria and proCedures to process certain routine reimbursement requests; and WHEREAS, these amendments to the payment provisions will serve a public purpose by decreasing the number of routine refund requests required to be presented to the Collier County Board of County Commissioners by establishing criteria and procedures for the administrative reimbursement of impact fees of certain types and meeting specific criteria; and WHEREAS, clarification is needed for the procedures for assessing impact fees for Developments that create additional net demand on Public Facilities due to a change in size or use, and for the procedures for calculating the amount of exemptions and the loss of exemptions due to a change of ownership or use(s). NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: BOARD OF COUNTY JUN 2 2003 SECTION ONE. Article II, Impact Fees, Section 74-202, Payment, of the Collier County Code of Law and Ordinances (County Code) is hereby amended to read as follows: Section 74-202. Payment. (g) The obligation for payment of the impact fees and impact fees paid shall run with the land. Assignment of impact fee credits from one parcel to another parcel of land shall not be permitted except in accordance with the requirements of section 74-205. (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after payment of Impact Fees and the permit's revision results in a reduction in the impact fees applicable for the Development, or (iv) results in the impact fees beinq overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current owner/applicant may within ninety (90). days of the expiration of, cancellation of, overpayment for, or approved revision to the building permit, apply for a reimbursement rcfu~d of the a portion of or the entire impact fee, dependinq on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective Buildinq Permit application. Failure to make timely application ~pp!y for a reimbursement rcfund of the impact fee shall waive any right to a reimbursement refund. (1) The application for reimbursement rofund shall be filed with the county manager and shall contain the following: a. The name and address of the applicant; b. The location of the properly upon which the respective development was authorized by the respective building permit; c. The date the impact fee was paid; d. A copy of the receipt of payment for the impact fee; ~nd e. The date the building permit was issued and the date of expiration, cancellation or approval of the revision, as applicable; f. Payment of a non-refundable "Impact Fee Reimbursement Processinq Fee" equal to two-percent (2%) of the total impact fees requested to be reimbursed, except that the minimum Underlined text is added; StpaekctCF-e~,~h text is deleted. Page 2 of 6 JUN 2 2003 (2) (3) processin.q fee shall be twenty-five dollars ($25.00) and the maximum processinq fee will not exceed five hundred dollars ($500.00). Reimbursement requests which are determined to arise from either an incorrect application of the rate schedule or a calculation error by County staff will not be required to pay the "Impact Fee Reimbursement Processinq Fee." If the request is due to a revision to the buildinq permit, a copy _of the approved revision includinq oriqinal and revised square foota.qe, number of units, date of approval of the revision, and.. an explanation of the nature of the revision (chanqe of size, use, etc.). If the request is due to an overpayment, receipts from previous payments, correspondinq buildinCl permit numbers, and evidence of the current square footaqe (area) and uses of existinq structures must be included in the application. After verifying that the building permit has expired or was cancelled before the development had commenced or was revised and thereby required a reduction in the impact fee assessed for the Development, the county manager shall forward the request for reimbursement of r-eCu-Rd the impact fee to the appropriate division staff for further processinq as set forth below_. If a building permit is subsequently issued for a development on the same property, which was previously approved for thc c,..'bjcct of a reimbursement ¢, then._the impact fee in effect at that time must be paid. After verifyinq all information relatinq to the request for reimbursement, staff shall forward the request to the applicable division administrator for approval. The division administrator shall approve or deny the request and forward all approved requests to the Clerk of the Circuit Court's Finance Department for processing: All reimbursement requests totalinq twenty-five thousand dollars, ($25,000.00) or more, cannot be approved administratively and must. be submitted to Board of County Commissioners. Underlined text is added; ~r,d~,sA--t.h,m, ugh text is deleted. Page 3 of 6 JUN 2 2003 SECTION TWO. Article II, Impact Fees, Section 74-201, Imposition of Impact Fees, of the County Code is hereby amended to read as follows: Section 74-201. Imposition of Impact Fees. (c) Change of Size or Use (4) If proposed changes to a lawfully existing Building or then permitted use are deemed to create any additional impact on one or more Public Facilities, then the Impact Fee that will be due and payable to the County for such proposed changes will be determined by the net increase in demand on those Public Facilities thc .... *~r/'~ ...... ~--.*. ..... ~n:,' ....' ....... ; .............................. p.~.:e._!~ ~._,d and o,.~,~,-oh[.. , ....* ~ ..... .~ +h,. !top.ct = ...... ~-;~h ...... I.~ thc:, existing buildinq or land use that is expanded, replaced, or chanqed shall be required to pay impact fees based on the new or net additional demand placed upon one or more Public Facilities by applying the then applicable Impact Fee Rate Schedule. Therefore, impact fees will be assessed only for the net increase in square footaqe, number of unit(s), intensification of land use, or any other chanqe resultinq in increased available capacity. The burden of verifyinq the previous lawful land use, units and square footage, as applicable, shall be on the applicant. Any proposed changes under this section which would result in lower net impacts upon one or more Public Facilities are not entitled to a downward adjustment, off-set, or credit against any previously paid Impact Fees. (d) (2) Exemptions. The following development or change in use shall be exempted from paying additional impact fees: Alteration, expansion or replacement of a Building, structure, Dwelling Unit, or use for '"~';~' *~'"' impact ~"'"' ~'~ ~, ........ ~ .... "' paid provided the respective alteration, expansion or replacement: (1) will not create any additional net increase in the size or square footage of the respective development, including number of Dwelling Units, (2) will not result in a net increase of the intensity of use(s); or (3) will not otherwise create any additional net demand of the respective Public Facility. Lawful buildings, structures and/or uses that are not in actual use at the time of the submittal of an application to the county for development approval and issuance of that building permit (or other development approval) and that would otherwise result in an obligation to pay the new (additional) impact fees shall not be eligible for this exemption unless the applicant can prove that th¥'~uildinq had been lawfully used during any time within the immediately preceding seven (7) years ant the buildinq or structure has not been condemned, l-,,,, +~ impact ~^~ ^~' ~"* ..... ~;* "~'~" nc;'cr cxcccd New Building)(s) or addition to a Building(s) or an accessory Building or structure that will not create additional net demand upon en the Public Facility for which the exemption is sought over and above the then existing Development Impacts deemed to be created by the then lawful existing Building(s), structures or uses. Underlined text is added' ct.,,.t. ,~. ..... ~ text is deleted, Page 4 of 6 JUN 2 (3) Construction or expansion of publicly owned residential housing; however this exemption shall not apply to the applicable Impact Fees for Water and/or Sewer Public Facilities, or for the applicable Impact Fees for Educational Public Facilities. (4) Lots, pads, sites, foundations or spaces for a single mobile home, recreational vehicle, travel trailer, or park model, when the applicable impact fee has been previously paid, or if the then existing development was not subiect to the Imrn~Ct Fee because the County's ori.qinal applicable Impact Fee Ordinance had not then becomu effective. (5) An "Adults Only Community" shall be exempt c,q!'! from the Educational Facilities Impact Fee only if: (i) evidence of permanent aqe restrictions, which require all residents of the Adults Only Community to be older than ei.qhteen years of aqe, are recorded in the land records of Collier County and run with the specified geoqraphic area, or (ii) an effective Planned Unit Developmen!. document restricts the occupation/residency of the subject property tq persons older than eiqhteen years of aqe, (6) Development for which the respective Impact Fee is then expressly prohibited by Florida law, rule or regulation, or by Federal law, rule or regulation. (7) Exemptions from road impact fees for specified airport leases. a. Placement of buildings upon the leasehold by or through the leasing subtenant within the then existing boundaries of a county- owned airport are eligible for exemptions from road impact fees provided the airport leasing agreement was executed prior to March 13, 20C1, and the lease, when executed, expressly provided that the county or the airport authority, not later than 29 years subsequent to the initial effective date of the leasing agreement, at no expense to the county or airport authority, will automatically acquire title to the respective buildings, or if the board or airport authority decides not to acquire title to such buildings, the subtenant (or tenant), at no expense to the county or the airport authority, shall promptly remove such buildings and restore the leased (or subleased) premises to the physical conditions that existed as of the commencement date of the respective leasing agreement. Eligibility for these exemptions shall be vested retroactively to the date of the original execution of the lease. b. These exemptions are to be granted by the county manager subject to an application for the requested exemption being submitted to the county manager, which shall include a copy of the associated airport lease and a description of the associated airport leasehold development. Each such request must be submitted to the county manager not later than the date of the application to the county for the associated building permit(s) unless ~ time extension is granted by the county manger for good cause. In the event that a Development for which an exemption was previously applied chanqes use, ownership, or other circumstance~; occur whereby the previously qranted exemption no Ionqer applies, impact fees shall be paid based on the existinq land use and impact fee rate schedule in effect at the time of the chanqe which caused thq exemption to no Ionqer apply. ............. =,, text is deleted. Underlined text is added; e,.,,,.~. ,~, ..... ~, Page 5 of 6 JJUN2 201)3 SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional or by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By:. Tom Henning, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Patrick G. White, Assistant County Attorney Underlined text is added; Struck through text is deleted. Page 6 of 6 JUN 2 EXECUTIVE SUMMARY PUDZ-2002-AR-3512: D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES, P.A., AND RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, P.A., REPRESENTING TBI/NAPLES LTD, REQUESTING A REZONE FROM "PUD" TO "PUD" FOR A PROJECT PREVIOUSLY KNOWN AS NAPLES FOREST COUNTRY CLUB TO NOW BE NAMED NAPLES LAKES COUNTRY CLUB PUD, TO AMEND THE COMMERCIAL COMPONENT OF THE PUD DOCUMENT TO REVISE THE SCIIEDULE OF PERMITTED USES IN THE COMMERCIAL/OFFICE DESIGNATED TRACT OF THE PUD, AND TO REDUCE THE COMMERCIAL SQUARE FOOTAGE FROM 150,000 SQUARE FEET TO A MAXIMUM OF 110,000 SQUARE FEET FOR PROPERTY LOCATED AT THE NW CORNER OF COLLIER BOULEVARD (C.R. 951) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 485.02± ACRES. OBJECTIVE: Staff is requesting that the Board of County Commissioners consider an application to amend this PUD. The main focus of the amendment will allow changes in the allowable uses that are characteristic of the commercial uses already occupying space within the existing shopping center. The amendment is consistent with all the applicable codes and regulations, and thus should ensure that the community's interests are maintained in this community. CONSIDERATIONS: The petitioner wishes to amend the existing PUD (PUD to PUD rezone) to change the project name to Naples Lakes Country Club PUD, modify the uses allowed in the commercial component of the PUD, and to reduce the commercial square footage from 150,000 square to a maximum of 110,000 square feet. The petitioner is seeking to eliminate hotel/motel uses and funeral services and crematories; and add travel agencies, video store rental establishments, package sending facilities and dry cleaning uses as well as some other service type businesses. The Naples Forest County Club PUD received county zoning approval in February 1998, to allow for the development of a maximum of 785 dwelling units, an 18-hole golf course with a clubhouse, and a maximum of 150,000 square feet of commercial uses. Hotel or motel uses were also allowed with the caveat that required a commensurate reduction in the developable commercial square footage to keep the traffic impacts at a neutral leve! as they were reviewed during the initial approval of the project. According to the monitoring information provided by the developer, the residential portion and golf course are substantially complete, with a total of 230 single-familY units and 425 multi-family units constructed. The golf course and the clubhouse are essentially complete as well. The commercial feet of retail floor portion is partially developed, with 5,000+ square feet of office and 58,400± square area currently under roof, for a total of 63,372 square feet of commercial floor an small shopping center that is anchored with a Publix supermarket. Four c undeveloped, but SDP Pre-application Meetings have been held to allow tw( Page 1 of 4 Petition PUDZ-2002-AR-3512 Naples Lakes; Executive Summary atpar~ JUN ~ medical/dental facility to be constructed on the three outparcels located along the Collier Boulevard frontage. No definitive plans have been discussed with staff regarding the one outparcel along Rattlesnake Hammock Road. Buildout is anticipated to occur in 2005, according to the Traffic Impact Statement (TIS). This petition was distributed to the required County review agencies for analysis and was found consistent with all applicable Codes and ordinances. As of the date this executive summary was prepared, no letters either in support of or opposition to this petition have been received. The outstanding transportation issue noted in page four of the staff report has been resolved. Staff and the applicant are in agreement with the PUD document as submitted to the Board of County Commissioners. FISCAL IMPACT: This petition represents a PUD that is substantially complete. Any remaining dwelling units that are constructed or development on the vacant outparcels will be required to pay impact fees in effect when permits are sought. Since the size and scope of the commercial end users are not known at this time, staff cannot offer any proposed impact fee calculations as part of this report. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict and Urban - Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. That portion of the site not in the Activity Center is within a residential density band. Relevant to this petition, which only proposes to amend the commercial portion of the PUD, all of which lies within a Mixed Use Activity Center, the Mixed Use Activity Center Subdistrict permits the full array of commercial uses (C-1 thru C-5). That Subdistrict also includes several "factors to be considered" when reviewing a rezone petition in an Activity Center. However, it is staff's opinion that those factors are not at issue since this involves a modification of commercial uses previously authorized in this PUD. This PUD was originally approved in 1998. There have been no amendments to the FLUE (Future Land Use Element of the GMP) since that time that would affect the allowable residential densities or commercial uses. Based upon the above analysis, the proposed deletion/addition of commercial uses, and building square footage reduction, may be deemed consistent with the FLUE. FLUE Policy 5.4 requires new developments to be compatible with surrounding land uses. The applicant's proposed uses are not out of character with the uses approved and developed within the existing PUD. Staff believes the changes p,oposed in this amendment will be compatible with the existing and allowable uses. The petitioner is reducing the overall commercial square footage thus there is not increased intensity if this amendment is approved. Based upon the above analyses, staff concludes the proposed uses and intensity may be deemed consistent with the FLUE and the overall GMP. ~, ~ The proposed change did not necessitate a review by the EAC. All environ nen~s~~e petition pIJDZ-2002-^R-3512 Naples Lakes; Executive Summary Page 2 of 4 . addressed in the original PUD approval. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition, PUDZ-2002-AR-3$12, was heard by the CCPC on May 15, 2003. Mr. Budd made the motion to forward the request with a recommendation of approval; Mr. Adelstein seconded the motion. The motions passed unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-2002-AR-3512 subject to the approval of the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. Petition PUDZ-2002-AR-3512 Naples Lakes; Executive Summary Page 3 of 4 JUN 2 20 13 '/ PREPARED BY: KAY DES~LEM, AICP PRINCIPAL PLANNER DATE REVIEWED BY: -/'SUSAN MURRAY, AICP / CURRENT PLANNING MANAGER · / DATE MARGARI~ WUE'RStLE, AICP PLANNIN(~ERVICES DIRECTOR APPROVED BY: J-'© VIRONMENTAL SERVICES ADMINISTRATOR Executive summary/PUDZ-2002-AR-3512 Petition PUDZ-2002-AR-3512 Naples Lakes; Executive Summary Page 4 of 4 J~./-~'U N 2 ~ 2003 AGENDA ITEM 8-C MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: RE: APRIL 21, 2003 PETITION NUMBER: PUDZ-2003-AR-3512; NAPLES FOREST COUNTRY CLUB OWNER/AGENT: Agents: Mr. Richard D. Yovanovich Goodlette, Coleman and Johnson, P.A. 4011 Tamiami Trail, North Suite 300 Naples, FL 34103 Mr. D. Wayne Arnold Q. Grady Minor & Assoc. P.A. 3800 Via Del Rey Bonita Springs, FL 34103 Owners: Mr. Richard Keyser TBI/Naples Ltd. Partnership 3103 Philmont Avenue Huntingdon Valley, PA 19006 REQUESTED ACTION'.. The petitioner wishes to amend the existing PUD (PUD to PUD rezone) to change the project name to Naples Lake_s Country Club PUD, modify the uses allowed in the commercial component of the PUD, and to reduce the commercial square footage from 150,000 square to a maximum of 110,000 square feet. The petitioner is seeking to eliminate hotel/motel uses and funeral services and crematories; and ADD travel agencies, video store rental establishments, package sending facilities and dry cleaning uses as well as some other service type businesses. GEOGRAPHIC LOCATION.'. The project is located at the northwest comer of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 15, Township 50 south, Range 26 East, and consists of 4854- DESCRIPTION OF PROJECT,: e de,~lo ment of a maxtrnum et/ts> ctwenmg umm, tm 1 o- e . _ ~aximumPof 150,000 square feet of commercial uses. Hotel or motel uses were aisc staff report Naples Lakes.doc Page 1 of 6 }98,~i~ allow for ¥'X~ 5 - and aI I clubhouse, J i caveat that required a commensurate reduction in the developable commemial square footage to keep the traffic impacts at a neutral level as they were reviewed during the initial approval of the project. According to the monitoring information provided by the developer, the residential portion and golf course are substantially complete, with a total of 230 single-family units and 425 multi-family units constructed. The golf course and the clubhouse are essentially complete as well. The commercial portion is partially developed, with 5,000-~: square feet of office and 58,400-2: square feet of retail floor area currently under roof, for a total of 63,372 square feet of commercial floor area developed as a small shopping center that is anchored with a Publix supermarket. Four outparcels remain undeveloped, but SDP Pre-application Meetings have been held to allow two banks and one medical/dental facility to be constructed on the three outparcels located along Collier Boulevard frontage. No definitive plans have been discussed with staff regarding the one outparcel along Rattlesnake Hammock Road. Buildout is anticipated to occur in 2005, according to the Traffic Impact Statement (TIS). SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: East: soU : West: The parcel is a mostly developed 485.02_+ acre site with a PUD zoning designation The Club Estates, a 255± acre tract developing with single-family home sites that has a PUD zoning designation Collier Boulevard, (CR 951) then developed First Assembly of God PUD; several approximately 9-acre undeveloped tracts with "A" zoning designations; and a 4+ acre undeveloped tract with a C-5 zoning designation Rattlesnake Hammock Road (CR 864), then the undeveloped Sierra Meadows PUD, the Collegewood PUD that is developed as a Collier County School Board satellite transportation facility, and the College Park PUD, a developed multi-family project Shadowwood PUD, composed of a housing development with an airplane landing strip adjacent to the subject property GROWTH MANAGEMENT.PLAN (GMP) CONSISTENCY: In a memo dated December 31, 2002, Comprehensive Planning staff offered the following comments: Future Land Use Element - The subject property is designated Urban (Urban - Mixed Use District; Urban Residential Subdistrict and Urban - Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. That portion of the site not in the Activity Center is within a residential density band. Relevant to this petition, which only proposes to amend the commercial portion of the PUD, all of which lies within a Mixed Use Activity Center, the ~s (C-1 Mixed Use Activity Center Subdistrict permits the full array of commercial us~ thru C-5). That Subdistrict also includes several "factors to be considerec~ revt~--wing a rezone petition in an Activity Center. However, it is staffs opin~ those factors ara not at issue since this involves a modification of commerci previously authorized in this PUD. This PUD was originally approved in ~1998. Page 2 of 6 staff report Naples Lakes.doc uses ' · ~ Th~r.f~N 2 ~ 2003 have been no amendments to the FLUE (Future Land Use Element of the GMP) since that time that would affect the allowable residential densities or commercial uses. Based upon the above analysis, the proposed deletion/addition of commercial uses, and building square footage reduction, may be deemed consistent with the FLUE. FLUE Policy 5.4 requires new developments to be compatible with surrounding land uses. The applicant's proposed uses are not out of character with the uses approved and developed within the existing PUD. Staff believes the changes proposed in this amendment will be compatible with the existing and allowable uses. The petitioner is reducing the overall commercial square footage thus there is not increased intensity if this amendment is approved. Based upon the above analyses, staff concludes the proposed uses and intensity may be deemed consistent with the FLUE and the overall GMP. Transportation Element -The petitioner's Traffic Impact Statement (TIS) evaluated the reduction in commercial square footage and the potential transportation impacts of the application based upon the original request, concluding that this amendment will result in a trip reduction, thus the impact will be slightly less than what had been originally approved. ENVIRONMENTAL ADVISORY COUNCIL 0gAC) RECOMMENDATION: The proposed change did not necessitate a review by the EAC. All environmental issued were addressed in the original PUD approval. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be irmnediately stopped and the Collier County Code Enforcement Department contacted. 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 GMP and LDC requirements. The Environmental Review staff has addressed their concerns with wording in the PUD document. This project is located on an "adjacent/contiguous roadway segment" pursuant to Ordinance Number 02-29, which is an ordinance that adopted interim development controls for Davis B,?,~-,,~,rd (~,,,,~ other roadways) to address developmental pressures ,~ong certain roadway segments,lto al~ county-iime to fully "prepare and process amendments to the appropriate ordinances to ]bettcq°pretect the citizens of Collier County." The ordinance defines adjacent/continuous roadwayl seg~e~t~ ~s2~ staff report Naples Lakes.doc Page 3 of 6 Pg'"~'~ "Analysis Segments." These segments were analyzed in the TIS submitted by the applicant. As ncted in that TIS, "the proposed changes to the PUD reduce potential traffic volumes over the intensity currently approved for the project. The individual development will also be required to show adequacy of roadway infrastructure or provide improvements prior to receiving development approvals." Staff concurs with this assessment. Transportation staff has reviewed this project and has determined that the PUD document should be modified to provide for additional right-of-way along CR 951. The petitioner's agent is not in agreement with the proposed provision, citing the platted status of outpareels that would be affected by additional right-of-way, and voicing the opinion that providing additional right-of-way would render the outparcels undevelopable because of the resulting size reduction. Negotiations with the petitioner's agent have not resolved this issue. Staff has included the language proposed by Transportation staff, acknowledging that this is an issue that the Board will have to resolve. ANALYSIS.~ Staff completed a comprehensive evaluation of this land use petition and the criteria on which a 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 overview. The listed criteria are specifmally noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff includes an analysis of the petition's relationship to the community's future land use plan, and whether a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, 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. Based on staff's analysis, this project, with the mitigation provided in the PUD document, should not adversely impact any adopted level of service standard. Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to ~ollier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those laid_uses authorized within the PUD. The development of the sub ~"* ,,,,,,,,,,n-,, i~ timely and consistent wi'--tl~ the FLUE of the OMP. Relationshi to Existin and Pro osed Land Uses: Generally a discussion of tl staff report Naples Lakes.doc Page 4 of 6 concerns the compatibility of the petitioner's proposed changes to the uses allowed in the PUD with the adjacem properties to the north, south, east, and west. In this ease, the changes in uses are proposed for a 13±-acre commercial tram within the PUD itself. Perimeter boundaries affected by the proposed uses are two major, multi-laned divided roadways (Collier Boulevard and Rattlesnake Hammock Roads). Property owners within the PUD would be the most affected by use changes. The residential uses in the PUD are separated from the commercial portion of the PUD by lakes, preserves and golf course areas. Therefore, staff believes the uses proposed in the rezoning will be compatible with the adjacent properties. Deviations: Two deviations have been identified for this project. The two deviations are: l) Deviation from LDC Section 2.4.4.18. for side slopes: that requires Grassed berm 4:1 to allow: 3'1 that requires Ground cover 3:1 that does not provide for Rip Rap that does not provide for vertical structural walled berms to allow: 2:1 to allow: 1:1 Rip Rap to allow: vertical structural walled berms 2) Deviation from LDC Section 2.4.7.3.4. to eliminate the requirement for a commensurate increase in buffer width to offset impervious uses such as sidewalks within a buffer. Staff recommends approval of the deviations because they are consistent with the GMP and otherwise will act to further the intent of the PUD district. Additionally, this project design was included as part of the original PUD document, and the project, to a great extent, has already been developed prior to the imposition of the above-stated, more stringent requirements that were adopted in subsequent LDC amendments. Changing the PUD document now to require compliance with these standards would render a portion of the developed PUD non-conforming. The approved these deviations will not have a detrimental effect on the health, safety and welfare of the community (LDC § 2.7.3.1.3). Staff has included Table III in the PUD document to address the deviations. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2002-AR-3512 to the Board of County Commissioners with a recommendation of approval as set forth in the PUD document. staff report Naples Lakes.doc Page 5 of 6 JUN 2 ~ 200,t PREPARED BY: KAY ~ESELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE 'SU ~..~: MURRAY, AIIEP CURRENT PLANNING MANAGER 5.S.o3 DATE DATE APPROVED BY: ~~'~:,%~O~T ~ ~,~O~T~ ~v~ DIV~O~ ~~T~TO~ COLLIER CO~TY PLUG Co~sSIoN: KENNETH L. ABERNATHY, CHA. IR_MAN Staff report for the May 15, 2003 Collier County Planning Commission Meeting Tentatively scheduled for June 24, 2003 Board of County Commissioners Meeting staff report Naples Lakes.doc Page 6 of 6 JUN 2 ~ 2003 ,,,. 11 -'REZONE FINDINGS PETITION PUDZ-2002-AR-3512 Section 2.7.2.5 of the Collier County Land and recommendations of the Planning Commissioners shall show that the Planning proposed change in relation to the following, Development Code requires that the report Commission to the Board of County Commission has studied and considered the where applicable: Whether the proposed change will policies of the Future Land Use Management Plan. be consistent with the goals, objectives & Map and the elements of the Growth Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. The proposed development is in compliance with the FLUE of the GMP. 2. The existing land use pattern; To the north, the land is the Club Estates, a developing (single family homes sites) 255+ acre tract with a PUD zoning designation; to the east is Collier Boulevard, (CR 951) then developed First Assembly of God PUD; several approximately 9- acre undeveloped tracts with "A" zoning designations; and a 4+ acre undeveloped tract with a C-5 zoning designation; to the south is Rattlesnake Hammock Road (CR 864), then the undeveloped Sierra Meadows PUD, the Collegewood PUD that is developed as a Collier County School Board satellite transportation facility, and the Colleg~ Park PUD, a developed multi-family project; to the west is Shadowwood PUD, which is a housing development with an airplane landing strip adjacent to the subject property. The changes in uses are proposed for a 13+-acre commercial tract within the PUD itself. Perimeter boundaries affected by the proposed uses are two major, multi- laned divided roadways (Collier Boulevard an Rattlesnake Hammock Roads). Property owners within the PUD would be the most affected by use changes. The residential uses in the PUD are separated from the commercial portion of the PUD by lakes, preserves and golf course areas. Therefore, staff believes the uses proposed in the rezoning will be compatible with the adjacent properties. (See Staff Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district uru'elated to adjacent and nearby districts. Rezone and PU£ Firlj~l~ ~age I of 6 AR-200; iAR-~. 12 Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary'. The amendment to the Naples Forest (Lakes) County Club PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD will remain consistent with the GMP Whether the proposed change will adversely influence living conditions in the neighborhood; The conditions of approval of the original PUD were promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. The proposed changes contained in this amendment should not change the situation. There should bc no adverse impact. 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. Evaluation of this amendment included an analysis of a Traffic Impact Statement. It was determined that the amendment will not increased traffic by virtue of the proposed changes. The project was reviewed for consistency with Policy 5.1 of the Transportation Element of the GMP and was deemed consistent. In the final analysis, all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development should not increase flooding potential on adjacent property beyo .d what would occur without development. However, urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition was initially inadequate, prior to development. In summary, every project is scrutinized when development approvals are sought and required to mitigate all sub-surface drainage generated by developmental activities. This project was subject-to a cursory review for drainage relationships ~ Rezone and PU Fage z or o AR-200~ 10. 11. 12. 13. during rezoning and detailed development and construction plans will be required to meet County standards. Whether the pro. posed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, 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 or amendment may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special p~ vilege. 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; ' AC~nI:}~ !~_ Rezone and PUD AR-2002~. ~ge 3 of 6 ~ AR-:ii.l. 2 ] 14. The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. 15. 16. 17. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 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 deirmed and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of pu ~lic serVices and levels of service determined that required infrastructure meets with GMP established relationships. JLJN 2 q 2003 Rezone and Pt DpaF'o~ing~~ AR-2002-AR-3512 PUD FINDINGS PUDZ-2002-AR-3512 Section 2.7.3.2.5 of the Collier Coimty Land Development Code requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical charncteristics of the land, surrounding nreas, trnffic and access, drainage, sewer, water, and other utilities. The site is already developed with a shopping center. The outparcels are the only remaining vacant land. Most of the infrastructure to support this development is already in place to serve the overall project. Extensions will only be required to serve the specific outparcels as they develop. However, Transportation staff has included new language in the PUD documents to address a concern that was not identified as part of the original PUD regarding right-of-way for Collier Boulevard. The project will be subject to further review when development approval are sought for the undeveloped portions. 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. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The proposed amendments to the PUD allow for some changes in the commercial uses, which will be consistent with the GMP. 0 The internal and external compatibility of proposed uses, which conditions may include restrictions 'on location of mprovements, restrictions on design, and buffering and screening requirements. The subject PUD requires a common architectural design and development standards. In addition, landscaping has been provided to buffer the adjacent properties. The PUD Master Plan has been designed to optimize internal land use relationship separation through the location of the water retention areas and golf course holes. :-- Rezone and PUl: AR-2002 prese~A_ Findings AR-3512 e The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed amendment to the PUD will not adversely impact the timing or sequence of development. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate · expansion. One of the facets of this amendment reduced the allowable commercial square footage for this project. As such the "ability" would not be compromised, but should, in fact, be improved. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluaiion of the extent to which development standards proposed for this PUD depart from development standards. The development standards in this PUD are similar to development standards in similar projects. Two deviations have been addresses as part of the amendment, and staff has determined that approval of those deviations will not compromise public welfare or safety. PETITION NAME: Naples Forest Country Club PROJECT #: PUDZ-2002-AR-3512 Planner: Kay Deselem PETITION SUMMARY CHECKLIST AUTIVIT¥ ~: ~ ' . Date tn DatoOut ' Initial Petition Submittal 12/31/02 ~ Planning T~chnician fo~ards for 1~t Review 12/31/02 . ~ 1'~ Review R~ponse Date (due 1/16/03) 2/4/03 ~ Neigh~r Information M~ting Date 11/15/02 ~ Planner fo~ards for 2~a Review 4/4/03 ~ 2~a Review Response Date (due 4/18/03 4/1/0/03 & 4.18.03 O Planner fo~ard for 3 Review N/A ~ 3~a Review Response Date ' N/A ~ EAC DATE: ~ ~PLICABLE) ~ ~ATE: ~PLICABLE) 5/15/03 ~ BCC DATE: ~ ~PLICABLE)~en~e] 6~5/03 G Drive/Current/Application Forms/Petition Review P~ge Copy on Tan Paper JUN 2 2003 PETITION NAME: Naples Forest Country Club ~ Naples l_~kes Shoooin~ Center DATE: _December 10. 2002 APPLICATION FOR PUBLIC HEARING PUDZ-02-AR-3512 FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION CURRENT PLANNING SERVICES Naples Lakes Country Club Project #: 19990105 Date: 12/31/02 Kay Deselem ,, Zip 1__9.9.9.9.9.9.9.9~~ Name of Applicant (s) TIM/NAPLES LTD PARTNERSHIP Applicant's Mailing Address _3103 PHILMONT AVENUE, ATTN: RICHARD KEYSER City Huntingdon Valley State Pennsylvania Applicant's E-Mail Address: rkeyser~_.tollbrotersinc.com Applicant's Telephone Number: Res: Bus.: 215-938-3058 Fax#: 2 ! 5-9~;g-8278 Is the applicant the owner of the subject property. [] (a) [] (c) [] (d) [] Yes [] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major s~ockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicam if an owner, indicate exactly as recorded, and list ail other owners, if any. If applicant ifa lessee, attach copy of lease, and indicate actual owners if not indicated on the lense. [] (e) If applicant is a conwact purchaser, attach copy of contract, and indicate actual owner(s) name and address below. [] (0 Please see au_-uhed (If space is inadequate, attach on separate page.) Name of Agent Richard D. Yovan0vich Firm 0oodlette, Coleman and JOtmson. P.A. Agents Mailing Address 4011 Tamiami Trail North. Suite City Naoles State Florida Zip ~4103 Agent's E-Mail Address: ryovanovich (~_,gcilaw.com Telephone Numbers: Res.: Fax~: 239-435-1218 F:LiOB~APLESLAKEPDA~SUXPUD-DO Amendment Applicatiee.do~ Bus. 239-435-3535 .JUN 2 2003 Name of Agent ~D~ Wayne Arnold Agents Mailing Address 3800 Via Del Rey City Bonita Sprin~s Agent's E-Mail Address: warnold _(~,ecilaw.com Telephone Numbers: Res.: Fax~: 239-947-0375 Firm Q. Grady Minor & AssOC. PA State Florida Zip 34103 Bus. 239-947-1144 PUD ORDINANCE NAME AND NUMBER: Naples Forest Counu~ Club, Ordinance No. 98-14 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shal~l, submit five (5) copies of the survey (1" to 400' s~ale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING TI-IE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 15 TOWNSHIP 50S RANGE 26E o Please see a_nnched legal description Address or lOCation of subject property Northwest comer of Collier Boulevard and Rattlesnake Hammock Road. Does properW owner own contiguous property to the subjec~ property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No 7. 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: [] Yes [] No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO 10. PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN [] SOLD and/or [] DEVELOPED? CHANGES PROPOSED FOR TI-[E AREA SOLD AND/OR DEVELOPED? []Yes []No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Yes, the OolfCourse. Commercial and residential trn__~ have beeB platted and are substar F:,gOB~N,~LESLAKE PDA~SU'~mU[)-DO ~uuend~ JUN 2 4 20(]3 [ / AYFIDAVIT SIGNAII-rR~ OF OWN'fit Edw'~d D. Weber We, TBI/NA.PLES LTD pARTN~I~I'I~ being ~st d~y swo~ d~e ~ say ~t we ~e ~e o~ers nf~c pwp~ des~bed ~em ~ w~ch ~ ~e subj ec~ ~ of~ p~ed he~; ~t ~ ~e ~ to ~e q~o~ m ~ apphca~ and aB ~, ~m, ~ o~er s~9lcmenm~' ~r a~c~d best of o~ ~owledge and bel~f. We before a ~ ~ bc adv~ed. We ~er pe~t ~ ~i~ed W ~ ~ o~ rc~es~ve m ~y ~ ~g~ ~s P~o~ NO~: SIGNALS OF ~ 0~ ~ ~AT0~Y. CO~k~Mo~TH OF PENNSYLVA~NIA County of MONTC~ffiR.Y The foregom_e Application was acknowledged before me fhi.~ _ Who ~s pcrsonslly known ~o me a~d who did (did not) take an oath. (Signature of Noury Pub-he) PUD/DO Application 3/2002 A~?=NOA ~ . ~ JUN 2 .2 03 J State of Florida County of Collier County BCC Th~ foregoillg Application was ar.k~owledged b~for~ me thii _ I a-~ Who is perso~c or ~t~o h~s produr~d {1~'"~ ~~.~J~'~u,~ JJ Mlchele W. Caswe ,~. ;,~ ~. ..... ----- NOTARY PUBLIC Sta~ of Florida Coum~y of Collier Co~)' BCC The foregoing Application was aclmowlcdg~:! before me (sig~mm~ ofNoUry Publi~) Commission · DD 0764~ p~~cafiom3/2002 JUN 2 ~ 2003 TBI/NAPLES LIMITED PARTNERSHIP Florida limited partnership General Parmer is Toll FL GP Corp., a Florida corporation Principal officers and those individuals authorized to execute documents on behalf of Toll FL GP Corp. as general partner are as follows: President, Chief Operating Officer and Assistant Secretary Senior Vice President, Treasurer, Chief Financial Officer and Assistant Secretary Senior Vice President Senior Vice President, General Counsel and Assistant Secretary Vice President and Secretary Vice President Assistant Secretaries Zvi Barzilay Joel H. R~ssman Edward D. Weber Kenneth J. Gary Michael I. Snyder Ralph Reinert Richard Keyser Kenneth Thirtyacre JUN 2 2003 ADDRESSING CHECKrl.~:I' Please complete the following ~ submit to the Add~ssing Section for Review. every oroiect. Items in bold type arc reOuire~._ Not all !itcma will apvl¥ to I. Legal docripflon of subjcct protm'tY or propcniaz (copy oflen~ d~c~ption m~ ~ anach~ Ple~e s~ a~ch~ ~ ........ '-'-ch W~zod~e w~h, legal ~c~pfion'~mo~ t~n o~) 2. Folio (P~pe~ _ · ~4112 ~. Lo~fion mag, shying exit i~tion ofproj~ff~tc ~ r,la~on to n~mt~ub]ic ro~ ~ght~f-way (attach) 5. Copy of ~ ~~ O~Y FOR ~~ PROP~T~S) 6. ~s~ p~j~t ~c (~appli~b~) N~I~ ~es Coun~ ~ub 8. Sit~ D~elopmcnt Plan Number (FOR EXISTI~G PROJECTS/SITES ONLY') SDP - 9. Petition T~pe -~plete a $~arate Addre~ing Checklist for each Petition Type) 10. SDP (Site D~velopm~t Plan) SDPA (SDP ~ent) [-] ~SDPI (SDP Insubstantial Change) ["'1 (Site Improvement Plan) SIPA (SIP Amendment) [--] s ,m (street Nme. Cha ) ~cgctation/Exotic (Veg. Removal Permits) [-1 Land Usc Petition (Variance, Conditional-Usc, Boat Dock F. xt., Rc2one, PUD re~.one, etc.) [] Other- Describe: PLTD Amendment Project or development names proposed for, or already appcm'ing in, condominium documents (if applicable; indicate whether proposed or existing) please Check One: X Checklist is to bc Fa,xed Back [] personally Picked Up Phone 941-435-3535 Fax 941=435-3535 PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) vP 0:ir mat) LLA (Lot Line Adjmtm~t) BL ~i~fing Pc~O . ROW ~t~f-Way P~iO ~ ~x~vation Pe~it) ~P (Veg. R~oval & Site Fill Pc~it) JUN 2 2 XI3 Revised 3-21-OI 12. Applicant Name Richard D. Yovanovich 13. Signatttr~ on Addres,ning Checklist does not constitute Project and/or S~et Name appwval and is subject to further review by thc Addr~,ning Section. ' FOR STAFF USE ONLY i Addrcss Address Number Addrcss Number_ RECEIVED 11. Florida Limited Parmership TBI/NAPLES LIMITED PARTNERSHIP PRINCIPAL ADDRESS 3103 PHILMONT AVENUE ttUN'I'INODON VALLEY PA 19006 Document Number A97000000416 State FL Actual Contribution 9,500.00 MAILING ADDRESS 3103 PHILMONT A~ HUNTINGDON VALLEY PA 19006 FEI Number 232883354 Status Date FII~! 02/13/1997 Effective Date NONE Re stered A Name & Address i~oo sotrnt Pni~ ~ ItOAD Add. ss ¢ J UN 2 zt 20O3 .... .--.: 12105/2002 at II:2eAIi DIZGHT'I. BiO'.i, CLlir COHIS 1216.50 27o.o0 STANDARD FORM FoR COLLIER COUN'I~ DEVELOPER CONTRIBUTION AGREEMENT No.2002- O %O -TR- Naples Lalt~ THIS CONTRIBUTION AGREEMENT is made and entered into this ! ~" of (~C.~ ~, 2002, by and between TBF Naples Limited Partnership. A Florida Limited' Partnership duly org~-i~.ed and authorized to conduct business in the State of Florida, hereina.Rer referred to herein as ~Developer," whose address is 3101 Philmont Avenue, Huntington, Pennsylvania 19006, by and through as L71C.,~ ~e~'~,xt~ of Toll FL GP Corp., a Florida corporation, as its general parmer, who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF COUNTY COlV[NIISSIONERS OF COI'.T.rI~ COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIF_,R COUNTY, hereinafter referred to as "County." RECITALS: W-HE~, Developer is desirous of entering into a contribution agreement with the County which grants a credit for read impa~t fee~, in exchange for land donations, [The '~Donated Land"], to the County's tram-portation network; and WHEREAS, Developer either has legal control over, or is the rt~ord title owner of certain lands described in Exhibit "A~ (hereinafter referred to as "The Development") atta:hed hereto and incorporated herein by reference, which Ul~On development in the ne. ar future will be subject to the imposition of road impa~t fees; and WHEREAS, the parties acknowledge the value of the donated land, if any, is based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and based upon comparable sales of s~rnilar property between unrelated 'parties in a bargaining transaction, a copy of said appraisal being attached hereto as Exhibit "B," and WHEREAS, the Transportation Administrator will recommend to the Board of County Cornrni~ionem that th~ Proposed Plan for donation as set forth in this Agreemen*, is in conformity with contemplated improvements and additions to the County's la-ansportation network; and ~, after reasoned consideration by the Board of Commlssione~ the Board has authorized the County Attomey to prepare this Conm'bution Agreement upon the Board finding that: a. The subjeci Proposed Plan is in conformity with the cont, improvements and additions to the County's transpor~tion .sy~_. tern; ] b. Such Proposed Plan, viewed in conjunction with other existing or1 plan% including those fi'om other developers, will not adversely id CLIitl ~0 ?BI DfflIOHICI IY~ IL001 Iff 72t0 u1 821 OR: 31685G: 0645 II~IDID tn the 0FH¢IIL iI¢0.1D! 0f'~0Ltlll ~, FL ftc ~11 . 12~05/2002 it ll:3S~ DWI~ I. Bi~, C~K ~llS STANDAED FORM FOR COLLIER COUNTY DEVELOPER CONTRIBUTION AGRER, E~T No.2002- O %0 -TIt.- Naples Laiom 1216.50 270.OO THIS CONTRIBUTION AGREEMENT is made and entered into this I ~/.. of (~.~~ j 2002, by and between TBI/ Naples Limited Partnership. A Florida Limited' Partnemhip duly or~-i~ed and authorized to conduct business in the State of Florida, hereinafter referred to herein as 'Developer," whose address is 3101 pbilmout Avenue, Huntington, Pennsylvania 19006, by and through ~_.~,,t_pt~ ~. ~2~F,-~F* as I./~.,~ ~"~'-~'~'~r . of Toll _FL GP Co.rp.:..a ~ori.da. c.o.rpo ,r,ation, as !ts. gc~er~. partner, who has been duly authorized to cxccutc tins ~onmouuon ,o, greemenx xor_tcoan Impact fee Credits and THE BOARD OF COUNTY COM]VffSSIONHRS OF CO!.T-r~-~ COUNTY, FLORIDA AS THE GOVERNIHG BODY ON COr.r.rr~. COU1VrY, hereinafter refexred to as "County." RECITALS: ~, Developer is desirous of entering into a contribution agreement w~th the County which grants a credit for road impact fees, in cxchange for laud donations, ['The "Donated Land"], to the County's transportation network; and ~, Dcvclopcr cithcr has legal control over, or is the record title owner of c,zrt,,;n lauds descn'oed in Extfibit "A" (hereinafter referred to as "Thc Development") attached hereto and incorporated herein by reference, which ul~on development in the near future will be subject to the hnposition of road impact fees; and WHEREAS, the parties acknowled~ the value of the donated land, if any, is based upon a written appraisal of fair market value by a q-~Hfied and professional appraiser acceptable to the County and based upon comparable sales of similar ~ between unrelated 'parties in a barg~-~g transaction, a copy of said appraisal bein~ attached hereto as Exhibit"B," and ~, 'the Transportation Administrator will recommend to the Board of County Commissioners that th~ Proposed Plan for donation as se~ forth in ml, Agreement, is in conformity with contemplated improvements and additions to tho County*s.tmnaportafio.. nctwo~ and WHBRBA~, after ~v. asoned consideration by the Board of Co~,,,i-,,ionera, tl~ Board hss authorized the Co-nty Attorney t~ prepare this Contn'bution Agreem~ ~ the Board finding th,,~_ .' a. The subject Proposed Plan is in conformity with the i,,mrovements and additions to the County's transportation systmn; b. Su~ Proposed Plan, viewed in conjunction with other existing or plans, inch, alng those fi~m other developers, will not adversely OR: 3 68 0646 cash flow or liquidity of the County% road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capi~! improvements and additions to the County's transportation system; The Proposed Plan is consistent with the public interest; and The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WKE~, the Board of County Commissioners fi.da that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and ~RTHEREAS, pursuant to the PUD Ordinance: (A) Developer agrees to dedicate, or cause to be dedicated and deeded, to County the road right of way required for that section of the Project within the PUD boundaries. (B) The timing of any land dedication shall be at the request of County, and County shall be responsible for all costs of conveyance. (c) CD) Developer shall be entitled to impact fee credits for any dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Stamtea, (1995). The value of any dedicated property shall be fletermined pursuant to Subsection 2.7.2.8.1 of the Collier County Land Development Code (th~ "LDC'). WH~.~, Developer agrees to deed to County certain land and non- exclusive easements hereinafter referred to as the "Donated Land" for road right-of-way, and Exhibit "C" attached to this Agreement shows the Donated Land. WI-~~, this Contribution Agreement shall not be construed or characterized as a development ,,greement under the Florida Local Government Development Agreement Act. WttEREAS, the Transpo~on Admin/strator has recommended to the Board of County C, ornmlss/oners that_ the proposed plan for donation ia in confo~ with contemplgted improvements and additions to the County's transportatioa network and that it will be advantageous to the public for Developer to donate as described hes~ia and in Exlu'bit "C" which are composed ot~ among other thin?, fab'iliti~ +~-+ =~_. ITEM - ''~ required to be made pursuant to a development order or voluntarily mnde in c mn ~.e~0,~_,.,.i.L with road impact consUuction. JUN 2 2003 OR: 3168 PG: 0647 WttEREAS, Developer aclm. owledges and agrees thai it has full power and authority to execute any and all documentation necessary to convey the land donation to the County in conformance with the Counts transportation standards, procedure, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that this Contribution Agreement shall not be effective unless Developer's legal counsel shall have satisfactorily advised thc County Attorney in writing prior to time of recordation of this Contfibut/on Agreement of all matters for wkich an op/n/on of co,msel is required herein. WHEREAS, in accordance with the stipulations contained in Collier County Ordinance No. 98-14, Developer was required to convey a strip of land at least 2.5-feet in width for the future four laning of the Rattlesnake Hammock Road. The zoning ordinance further provides that Developer is to be eligible for road impact fee credits, in exchange for the future right-of-way dedication. WITNE S SETH; NOW, ~ORB, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: All of the above recitals are true and correct and shall be fully incorporated herein and form a substantial part of the basis for this agreement. 1. In exchange for the donation of land identified/nd contemplated in thlm Developer Contribution Agreement as set forth in Exhibit "C," Developer shall be entitled to reimbursement or a credit for road impact fees as more particularly described herein. The amount of the mad impact fee credits to be granted under this agreement is $153,000.00 for the Land Donation. Attached hereto as Exhibit "D", in recognition of the developer contribution herein is a copy of the Impact Fee Ledger setting forth the amount of Impact Fee Credits granted purmlam to this agreeme~ The fa/lure of this Contn'b tion Agreement lo ~ any pennit, condition, t~m, or restriction shall not relieve either the Developer or its successor~ of the necessity of complying with any ~ ordinance, rule or regulation govemi~ said pennittin& requiremenm, conditions, or terms of restrictions. This Contribution Agreeme~ shall be modified or revoked as is necessary to comply with all relevant Stat~. or Fed~ State or Federal laws · .n~..e~i. after the execution of ~ C~b~.~_! Agreement wMch are applicable to and preclude the parties cbmplt~tir~_~/ }L~ with the terms of the Conm'bution Agreement. JUN 2 2003 OR: 3168 ?G: 06A8 10. Except as othm~v~s¢ provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inur~ to, all successors in interest to the parties to this Contribution Agreement. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Manag~tnent Department as mor~ particularly described in Exhibit 'E" attached hereto and incorporated herein by reference. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agr~ment. A copy of the recorded document will be provided to Developer. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. The credit for road impact fees identified herein shall run with the subject Road Impact Construction Lands, a~ described in Exhibit "A' and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building peunit is applied for. If a credit is available, it shall be deducted from th~ available balance. All credits shall be freely assignable throughout tim road impact fee construction lands and as set forth in the area described in exhibit "A". If mor~ than one developer or parcel is to benefit from the ~ fee credits under the Agreemem, then Exlu%it "A" shall descn'be each psrcal and identify the owner thereof and shall assign and describe the' proportion and/or initial dollar amount of the total credit available t~ each parcel In such circumstance, the credit available to ~ shall be reduced by the entire amount of the wad impact fe~ ~ue ~]~'"? :'~'~-~ fn'st buildl-g permit issued on each respective parcel and each duoc,~tw-~-~-~ 4 ; ] JUN 2 OR: 3168 ?G: 0649 ll. 12. 13. 14. 15. building pemdt issued thereon until each re. sp~ctive parcel is completely developed or the re, spective credit amounts available are ~mhaug~ for each parcel or otherwise no longer available. Aa well, and in all oth~' respects relative to determining available cre~t or mimburs~nent uncles' this Agr~ment, each parcel shall be treate~ in a manner pruportionat~ to the credit available to it as indicated in Exhibit "A." The impact fee credit available under this Contribution Agreemcnt may be used to evidence payment of road impact fees, pwvided such use will not cause an undue or unreasonable burden upon the administrative, accounting or audit resources of the road impact fee area. An annual review and audit of performance under this Contn'bution Agreement shall be performed by the County to determine wh~thcr or not there has been demonstrated good faith compliance with the terms of th/s Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of the donation of land, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recbrding this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this agreement, the date of final completion shall be the date of acceptance by the County. Developer certifies, by virtue of entering into this agreement, that all donations are consistent with the Collier County Comprehcnsive Plan. The performance and execution of this Contribution Agreement shall be carried out in conforman~ with the RJr: Managmnent Guidelines established by the County's Risk Managemmt Depanmmt as mor~ particularly described in Bxhibit 'rfi~ attached here, ~ and incorporated herein by reference. County airees, by virtue of entmlng into this agreement, that Devel~ is the sole owner or has legal control of the Donated Lands. An attorney's opinion of title and a statement of Developer's ~ heretoenter intOas Compositethis agreementExhlbitare,,F,.,p, wvided by Developer and/ sire ~~11 J JUN 2 21 3 J 17. OR: 3168 ?G: 0650 Developer shall convey in fee simple, all donated land free and clear of all liens and encumbrances, by warranty deed, within thirty (30) days of the execution of this agreement and shall have presented to the Office of the County Attorney, prior to the execution of this agreement, the form and language of the deed, a copy being attached hereto as Bxhibit "(3". Upon receipt of said warranty deeds, the County shall record same in Public Records of the County and assume the costs associated with the recordation- 18. 19. 20. 21. 22. 24. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. Developer has pwvided an attorney's opinion first, setting forth the authority of the developer to cause the conveyance in fee simple of the entire land donation, and second, identify any lienholders having a lien or encumbrance on the donated land or other contribution, or provide a certificate of no liens. Said opinion is attached hereto as Exhibit "1;". Developer has provided, in Exhibit "F', an attorney's opinion setting forth the legal authority and present validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. The parties acknowledge that the donation are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a. public right of way. This agreement shall be modified or revoked as is necessary to con?ly with relevant state or federal laws, in the event state or federal laws are enacted after the execution of the agreement, wkich are applicable to and preclude the party's compliance with the terms of the contribution agreement Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact feea. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location th~-t was subject to the cred/t has been completed. Such reimbursement sh.!! b~ made over a period of live ($) years from the completion of tim development. The wad ir-l,, act fee credit granted shall only be for donations made to. the transportation network to accommodate growth and which, within the respective road impact fee district where the roi construction is located. 6 JUN 2 OR: 3168 PG: 0651 25. 26. The impact fee credits provided in this Agreement for Developer's land 'dedication shall be a credit only against Road Impact Fees and that such impact fee credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. The burdens of this Contribution AtFeement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the part/es to this Contribution Agreement. JUN2~2003 J OR: 3168 PG: 0652 LIST OF EXHIBITS ATTACI~D TO AGREFMENT Exhibit "A" - - Legal D~efiption ~nd graphic rendefin/of the Development Exh/bit "B" - - A copy of the written Appraisal[s] of land donation. Exhibit "C" - - A legal description and graphic rendering of donated land and/or Contn'but/on of Con~lruct/on. Exhibit "D" - - Impact Fee Credit Ledger. Exhibit "B" - - A copy of the Risk Management Guidelines applicable to this Agreement Exh/bit '~F" - - An Attorney's Opinion of Title and authority to construct, Identifying aay iielm and/or encumbrances. Exhibit "G" - - Form of Warranty Deed agreed to by Collier County. JUN 2 z} 2003 3168 PG: 0653 IN WITNESS WHEREOF, the panics h~reto have caused this Alp~ment. to be ~xecuted by their appropriate officials, as of the da~e lust above writ~n. STATE OF FLOR/DA COUNTY OF CO]'.r.r~7~ .. The foregoing instrument was acknowledged before me this ,'~day a Floridi corporation, on behalf of the corporatiom He is ] has produced driver's licen~ no. [~] p~r~onally known to me, or [ as identification. (SF. AL) ~ 'd ~ORRE~ SPECIAI~ WAIV.~Ai'~ DEED ' I~d sJ~ ~d ~. h ~e ~ of Colby, S.m~ of Flon~ descn~ on ~%t A Tlgs dccd 'b'"mad~/'or the purposc of r. xilnec~8, errors ~ 134. d¢i~ripfiou of' the land Records Book'1679.~ P..**~g~. ]~98 oftbe Pubhc RecoTds o~t:ome~ C~. unt'y, r~on~L . .J(,l!2~ 2003 J J ~ Q GRADY MINOR 123994?0375 1~)/18 '02 15:21 N0.952 03/03 .2: Q GRADY MINOR 12399470375 12/18 '02 15'22 N0.953 01/06 -3- Q GRADY MINOR 7 ' 1 Z~99470375 £X~13 8:IT ~l~~ 12/18 '02 15:22 N0.953 02/06 ' 'G' ~G~ ~, ~ ~ST. L3 ' o OF THE NO~ RTG~-OF-WAY L~ ~ GRADY MINOR o : 123994703?5 12/IB '02 15:23 N0.953 03/06 · .... e ODe 03 '.13" ',~o FOR A D]~ .~_ _ __,_.'..__ _~_:. ,..,. .~ ..,.a ,. ,.,~ ~E OF 13 43 F~T ~ ~E~ ~ ~ ' ' · 5T~CE OF 63. 'F=~ a-n~-~ ~*~*~.. --_~ ...'~: e fl0043'54" W~.FO~ A DI ........... **~,--- --' '.~ ~ n~S~CE O~ ~OR A DZST~. ~,, · t . . DIST CE OF ~5,93 FEET, , · T 44 ~_ FOR A ~ . . . 4~.~4 F · ~ " W' FO~' A DIeT. CE OF ~7.30 FEET. =...~,,~ t ~' 'I ~ · ~.~ ~ ~&~&~ ' * ' ' ' ....... ' ... · .. · ~. - .... ~ .' ...:.'.. ..,: , , · I':OR A' ,/STAN. C'E 0,F 49.S0 F'EET; THENCE RUN'S 65'$~' 2'S""E,"'I~3R A D3S?.ARCE. 0¥ 2S.8S KUJ~ - . · ,- _ OR A · D3STAJqCE. OF 43; O? FE~-'Z~ ';i'Ir]_E'r~CZ . ~..' 45.64 FEETI Tn~ ~u. 0. . · · .... ACtF. NDA I'T1~4 II JUN 2 % 2003 "2~..EAST A~ B~J~TG'.N,. 87'49'3.9"" Z. .. "SXG2~D o:~/o~'fl ': ~o~, ~o~ & ~s0dzArrs, ~c. -' .. .'BY d~er State ~ ..... . · CE'.~ S. 07 02 04 W. FOR Q GRADY HINOR GOODLETTE COLEMAN · & q2399470375 12/18 '02 15:24 N0.953 04/06 Q GRADY MINOR 123994?0375 Q GRADY MINOR 12399470375 12/18 '02 15:25 N0.953 06/06 GOODLETTE COLEMAN Fax:239-435-1X1U uec ~u ~uu~ ,m;~ PUD A~m.n~tvm .NT PRE-APPLICATION MEETING NOTES Date: 8/19/02 Time: 2:30 AGENT: Ric~Yovanovich. Project Name: Na les Forest Coun 'Club aka Na les Lakes Sho in Center Applicant Name: __,, _r~cnown Phone:__ unknown Owner Name: unknown .______ unknow~ Owner Address: nnJcnowa Phone: Planner:_ KaY Deselem Mee~g Notes. · 17 Copies of the following must be included in the petition: Completed Application Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Detailed description of why amendment is necessary PUD document with changes crossed through & underlined pUD docnmellt as revised with amended Title Page with Ordinance # Detailed de.$c-fiption of proposed changes opies of the following must be submitted as noted: Deed.s/legal description & boundary survey List idcutify/ng owner & all parties of corporation Owner/agent affidavit signed & notarized 1 copy of completed Addressing Checklist '-- I copy of 8 ~" X 1 l" graphic location map of site JUN 2 ~ 2003 Fax:239-¢35-1218 Dec 10 2UUZ 11:ab F.u~ GOODLETTE COLEMAN "[~" Environmental Impam Statement Fee Calculation Worksheet ~ $1,5o0.oo (Minor) X $25.o0 Data Conversion Fee [-] $300.00 Pre.application fee (to be credited towsrd application fcc upon submittal)- Fee Total S_._.---- eld a zr receipt of invoice from Planning Department: Fees to be £ Property Owner ~vottjtca-o- . $3;00 Certified return recetpt mail 2 PRE.API~I,,ICATION MEETING SIGN IN SHEET Naples Forest County Club 8/19/02 Project Name Date of Meeting Name Division/Dept Regardin Phone Number Kay Deselem CDEV/PIng Srvcs Current Planning (239) 213-2931 G:\Current~)eselem~PUO Rezones~laples Forest County Club~°re-ePP sign in sheet.dc JUN 2,~ 2093 I Dec lO 2UUZ ,,LDDRE, S$I~(~ CHF, cKLIST Addr~ssLn$ $~ction for ltgvi~,~. ~ please ¢ompl~ the followin$ ~ r~bmit to thc . !. L~,ai d~~ripiioa of subj~;t prolnt~ or prop~rti~ (co~ ofle, ngthY d~cr~ption may/Se attached) · sa atta!_hed --'-"--- . , ~ ------ .... t,. m} .-"'bcr(~) ?Z~2~'~X-~.- /~P.~--zm_mq. ~ .... . ~/~.,~,~,~i.w,,~ ; , , .... .P,o ' ex,Ct |ocad. on Or'gm]~"°' of ~wCy {m~['"' · ~~ P~l~t ~ ~ ~ub -- - 8. SDP ~ ' ~pl~e a s~te Ad~in~ ~ist for ~ pcffio= T~c) 9- pe~fion ~P pPL (~ & Pi~ Revi~) SDP (Sit~ ~etopment PI~) ~ ~p ~~ Su~si~ Pla) SDPI (SDF ~bs~ti~ Ch~) L~ (Lot L~e Adjutant) ~ (~i~ I~~¢nt PI~) ~L ~l~u~ Pc~t) ~ow ~f.w~ ~ · ~ ~ ~xcavatm ) . ~ ~ ~ N '~C ---~-,-~ '~) ~ .... ,-- ~oval & Site Fdt p~t) Boat ~k ~_~"~ p~ ~~ t . =_~ ~ ~ndo~ni~ fl~~ 0f 3~ ~. ~n~. ~ ~ ~-o=~ for, or g~Y ~"m ' ~ AP ~ ~i .01 NAPLES LAKES COUNTRY CLUB PUD AMENDMENT PUBLIC INFORMATION MEETING NOVEMBER 15, 2002 The public information meeting was held at the Naples Lakes Country Club and began at approximately 6:00 p.m. A sign-in sheet was distributed for those in attendance to provide their name and mailing address. Kay Desellem, Principal Planner for Collier Count3.' began the meeting with opening comments and discussed the requirements for holding the public information meeting. Ms. Desellem also reviewed with the attendees the overall process for amending and existing Planned Unit Development, including the typical time-frames and public hearing schedules. R/chard Yovanovich, P.A. of Goodlette, Coleman & Johnson, and Wayne Arnold, AICP of Q. Grady Minor & Associates were present representing the developer of the community, Toll Brothers Inc. Mr. Yovanovich opened the meeting by welcoming the attendees and introducing the local representative for Toll Brothers, Inc., Doug Kubic. Mr. Yovanovich explained that the intent of the developer was to amend only the commercial component of the Naples Lakes PUD in order to add and delete certain land uses. Mr. Yovanovich provided a brief overview of the 1998 Planned Unit Development (PUD) document and described the permitted uses for the 15 acre commercial tract. Mr. Yovanovich indicated that the PUD included some used that were no longer anticipated to be developed in the Publix grocery store based commercial tract. Uses expected to be deleted included funeral home, crematorium, coin laundries, and hotels/motels. Mr. Yovanovich also explained that the PUD in 1998 had failed to include many uses typically found within a community shopping center including many personal service uses and medical related uses. One specific use not included for example was a dry' cleaner, which was one use proposed to be added. Mr. Yovanovich distributed a copy of the various uses the developer was considering adding to the commercial list of permitted uses. Several members of the audience requested that the developer representatives go through the list of uses and describe the specific uses. The list was reviewed and questions and answers were provided for specific uses. Several residents indicated an objection to any type of use relating to outdoor storage or rental of heavy equipment. The developer committed to the residents that such rental and storage would be prohibited through the PUD amendment process. Mr. Yovanovich also indicated that a list. of those uses to be added and deleted would be provided to the residents. Several residents questioned whether a free standing lounge could be a coJ tponen°'nT401~l~ commercial tract. Mr. Yovanovich indicated that in its present form that a loung~ is a~te~3 C: 1WINDO~3~ITEMP~V.4PLES IMKES PIM. doc Naples Lakes Country Club Public Information Meeting Page 2 of 2 use. Mr. Yovanovich committed that a lounge type use would be permitted only in conjunction with a restaurant. Mr. Yovanovich also indicated that uses such as tattoo parlors and adult video stores would be eliminated. Several attendees questioned the use of the Standard Industrial Classification (SIC) system. Ms. Desellem indicated this was the method of defining permitted land uses in Collier County. Attendees also questioned their ability to be involved in the amendment process over the several months of review. Ms. Desellem indicated that residents would be given notice one the amendment application was filed and that notices were provided by letter and legal advertisements prior to any public hearings. The Devleoper representatives indicated their willingness to work with the residents as the amendment moves through the County review process. The meeting was adjourned. 2003 C..tWI. VDOFF3~T£.WPbV.4PLES IMKF_.S PIM. doc 215 9~8 82?8 SIC CODE DESCRIPTION 7212 7213 7219 7299 7312 7313 7319 7331 7335 7336 7338 7352 7359 7372 7373 7374 7375 7376 7377 7378 7379 7382 7383 7384 7389 7841 8011 .'.- 8021 8031 8041 8042 8043 8049 8062 8071 8072 8082 8092 8093 8099 8351 8361 Garment Pressing and Agents for Laundries and Drycleaners Linen Supply Laundry and Garment Services, Not Elsewhere Classified Miscellaneous Personal Services. Not Elsewhere Classified Outdoor Advertising Services Radio, Television and Publishers' Advertising Representatives Advertising, Not Elsewhere Classified Direct Mail Advertising Services Commercial Photography Commercial Art and Graphic Design Secretarial and Court Report Services Medical Equipment Rental and Leasing Equipment Rental and Leasing, Not Elsewhere Classified '"' J~0 Prepackaged Software Computer Integrated Systems Design Computer Processing and Data Preparation anti Processing Services Information Retrieval Services Computer Facilities Management Services Computer Rental and Leasing Computer Maintenance and Repair Computer Related Services, Not Elsewhere Classified Security Systems Services News Syndicates Photofinishing Laboratories Business Services, Not Elsewhere Classified Video Tape Rental Offices and Clinics of Doctors of Medicine Offices and Clinics of Dentists Offices and Clinics of Doctors of Osteopathy Offices and Clinics of Chiropractors Offices and Clinics of Optometrists Offices and Clinics of Podiatrists Offices and Clinics of Health Practitioners, Not Elsewhere Classified General Medical and Surgical Hospitals Medical Laboratories Denial Laboratories Home Heatt~ Care Services Kidney Dialysis Centers Specially Outpatient Facilities, Not Elsewhere Classified Health and Allied Services, Not Elsewhere Classified Child Day Care Services Residential Care JUN 2 21)83 PUBLIC PARTICIPATION MEETING SIGN IN SHEET Project Name Date of Meeting JPLEASE. PI:LI:NTJ Name Phone// Kay Oeselem ~ CDES/Plng Srvcs/Current Planning (239) 213--2931 _--- ~O~C.~.~/~ ~'~'~:'~ ~'~"'~ "2'/4- ~t)~o . JUN 2 ~ 20~)3 i Q. GRADY MINOR & ASSOCIATES, P.A. LETTER OF TRANSMITTAL Date: Project: Location: January 7, 2003 Naples Lakes PUD Am(maturer Collier Boulevard, Collier County, Florida RECEIVED .lAN 0 9-2003 Planning Servicee TO: Mr. Richard D. Yovanovieh, Attorney Goodle~, Coleman 8: Johnson 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Items transmitted vim We are sending you the following items: Property Owner Notiiication letter and attachments Renmrks: Si ~gned: F:~iOB~IAPLESLAKEPDAk.qlARY30107Ldoe BonJtt Springs, Florida 34134 (239) 94%1144 Fax (239) 947.037S JUN 2 ~ 2003 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers.. Land Surveyor~. Planners Q. GR.~J~Y IvflNOi~ P.E. MAIUCW. MINOR, P.E. DAVII~ W. SCHMITr, P.F_ ~ J. Di~LAT~, NORlViAN J. TRL~~ A.LC.P., P~ December 24, 2002 D. WAYNE ARNOLD, A.LC2 ERIC V~ SANDOVAL, P.S.~ ALAN V. ROSi~,4AI Dear Property Owner: As a folloW-up to our public information meeting held October 1S, 2002, we are enclosing a copy of the meeting notes and a copy of the revised commercial land The proposed changes to the commercial land uses are shown'in strikethrough and underline format. These revisions were submitted to Collier County on December 13, 2002, and we anticipate that the County review may take six months before any final decision is rendered by the Collier County Commission. Please' contact either Rich Yovanovich at (239) 43:5-3535 or me if there are any questions. Sincerely, D. Wayne Arnold, AICP RECEIVED JAN 0 9 2003 Planning Servic~ (239) 947-1144. FAX (239) 947-0375 - E-Mail: engineering~gradymim F:~JOB~IAPLESLAKEPDA~SO~r]~I~e~ · ~ll.ibl Sprillg$, FlOl'id~ 34134-7569 JUN 2 q 2~03 NAPLES LAKES COUNTRY CLUB PUD AMENDMENT PUBLIC INFORMATION MEETING NOVEMBER 15, 2002 RECEIVED JAN 0 9 2003 Planning Services The public information meeting was held at the Naples Lakes Country Club and began at approximately 6:00 p.m. A Sign-in sheet was distributed for those in attendance to provide their name and mailing address. Kay Desellem, Principal Planner for Collier County began the meeting with opening comments and discussed the requirements for holding the public information meeting. Ms. Desellem also reviewed with 'the attendees the overall process for amending and existing Planned Unit Development, including the typical time2frames and public hearing schedules. Richard Yovanovich, P.A. of Goodlette, Coleman & $ohnson, and Wayne Arnold, AICP of Q. . Grady Minor & Associates were preSent representing the developer of the community, Toll Brothers Inc. Mr. YovanoVich opened the meeting by welcoming the attendees and introducing . the local representative ~or Toil Brothers, Inc., Doug KUbic. · Mr. Yovanovich explained that the intent of the developer was to amend only the commercial component of the Naples Lakes PUD in order to add and delete certain land uses. Mr. Yovanovich provided a brief overview of the 1998 Planned Unit Development (PUD) document and described the permitted uses for the 15 acre commercial tract. l~[r. Yovanovich indicated .that the PUD included some used that were no longer anticipated to be developed in the Publix grocery store based commercial tract. Uses expected to be deleted included funeral 'home, crematorium, coin laundries, and hotels/motels. Mr. Yovanovich 'also- explained that the PUD in. 1998 had failed to include many uses typic~illy found within a community shopping center including many personal service uses and medical related'uses. One specific use not included for example was a dry cleaner, which was one us~ proposed to be added. IVlr. Yovanovich distributed a copy of the various uses the developer was considering adding to the commercial list of permitted Uses. Several members of the audience requested that the 'developer representatives go through the list of uses and describe the specific uses. The list was reviewed and questions and answers were provided for specific uses. Several residents indicated an Objection to any type of use relating to outdoor storage'or rental of heax3r equipment. The developer committed to the residents that such rental and storage would __be prohibited throuv, h th_e PUD amendment process. Mr. Yovanovich also those uses to be add'ed and deleted would be provided to the residents. ~..,_. Several residents questioned whether a free standing lounge could be a commercial tract. Mr. Yovanovich indicated that in i.ts present form that is a permitte~ 4 Naples Lakes Country Club Public Information Meeting Page 2 of 2 RECEIVED JAN 0 9 200;1 Planning 'Servlcee use. Mr. Yovanovich committed that a lounge type use would be permitted only in conjunction with a restaurant. Mr. Yovanovich also indicated that uses such as tattoo parlors and adult video stores, would be eliminated. Several attendees questioned the use of the Standard Industrial Classification (SIC) system. Ms. Desellem indicated this was the method of defining permitted land uses in Collier County. Attendees also questioned their ability to be involved in the.amendment process over the several months of review2 Ms. Desellem indicated that residents Would be given' n~ti.'ce .one .the amendment application was filed and that notices were 'provided by letter and legal advertisements prior to'any public hearings .... The Devleoper representatives indicated their, willingness .to work 'with the residents as the amendment moves through the COunty review prOcess. The meeting was adjourned. JUN 2 ~ 2003 SECTION COMM~RCI~OmCg RECEIVED JAN 0 9 2003 Planing Services 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "CO", Commercial/O~ce Area on Exhibit "A", PUD Master Plan. MAXIMUM COMMERCIAIJOFFICE SQUARE FEET The 15± acm Commercial/Office Area (Tract "CO"), shall not be developed with more thnn ~1 IO,OOQ square feet of commercial]office uses. S-~-C"~-- ~ ~C*~! C: -'~--C*~! ~ USES pERMWTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Usesl: Travel Agencies (4724'/ ~2) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 523 - Point, Glass, and Wallpaper stores; b. 525 - Hardwa~ stor~; c. Major Group 53 - General merchandise stores. 3~L~Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification ManuAl, except freezer food olants. _~)4) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities~, as defined in the Standard Industrial Classification Manual for the following categories: 553 - Auto and Home Supply stores, not incluain~ battery dealers, tim dealers, auto parts dealers or any installation facilities; 554 - Gasoline Stations, not including service stations,' ~ations, truck stops or service facilities; 7542 - Carwashes only. ~ Reference Executive Office of the President, Office of Manag~ and Budget, ~andardlndma C/ass0~cat/on Mamu~ 1987 Edition. F:UOB~.ES~AWO~vPUDDo~d~ 11/04/2002 V- 1 narine service AC~=.I~A JUN 003 RECEIVED JAN O 9 2003 Planning Servlce 4~5) Any retail businesses engaged in selling apparel and accessories as defi~ed under Major Group 56 in the Standard Industrial Classification Manual. &)6) Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 6)7) Any retail establishment selling prepared foods and drlnic~; including alcoholic drinics (for consumption on the premi.o, es), as defined under Major Group 58 in the Standard Industrial Classification manual. Drinking places f$813) shall be permitted only in conjunction with eating places (5812). ~8) Any mi.~c, ellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nons'tom Retailers; 598 - Fuel Dealers 5999 - gravestones, police supply, sales barns; and not including the retail sale of fireworks. 9) Establishments operating primm-ily in the fields of finance, insuranc~ and real estate as defined under Major Groups 60,61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 10) Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the foUowing Industry a. 721 - Laundry, Cleaning and Garme~ Services, only includiag 7211 - Power laundries, family and commercial, and 7'~I -=----~.~~"~'~-' .... ..~-'~ ...~"' clc~g7217 - Garment pressing, and agent~ for laundries and drycleaners. 7219 - Laundry and garment services not ..elsewhere classified; b. 722 - Photographic Portrait Studios; c. 723 - Beanty Shops; cL 724- Rad Shops; e. 725 - Shoe Repair Shol~ and Shoeshine Parlors; and tag service, computer photography or portraits, ~.:m: suit and tuxedo rental, electrolysis (hair removal), hair wear ~f. 729 - Miscellaneous Personal Services, only including 7291 - Tax remm preparation services, and 7299 personal services, only including car title 11/04/2002 V-2 JUN 2 Establishments operaling primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Indugay Numben: 12) 14) a. 7311 - Advertising Agencies; b. 7313 - Radio Television and Publishers' Advertisin R resentatives' e. 7331 - Direct Moil Adverfisin.~ Services; b~d...7334 - Photocopying and Duplication Services; ¢. 7335 - Commercial Photo~aDhY~ f. 7336 - Commercial Art and Oraphic Dcsi~; g. 7338 - Secretarial and Court Reporting Services; h. 7352 - Medical equipment Rental and Leasin~ i. 7359 - Equipment Rental and Leasinm Not Elsewhere Classified; e:.j. 7371 - 7379 - Computer ~ce~:i k. 7383 - News Syndicates; 1. 7384 - Photofinishing Laboratories; m. 7389 - Business Services, Not Elsewhere Classified; n. 7841 - Video Tape Rental.; o. 7999 - Amusement and Recreation Services Not Elsewhere Classified' p. 8011 - 8099 -Health Services, including offices and clinics o.f RECEIVED JAN O 9 2003 Planning Services Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 - Engineering Services (no outside equipment storage); b. 8712 - Architectural Services (no outside equipment storage); e. 8721 - Accounting, Auditing, and Bookkeeping Services; d. 8732 - Commercial Economic, Sociological, and Educatiomfl Research; e. 8742 - Management Consulting Serviee~; f. 8743 - Public Relation~ Serviee~; g. 8748 - Business Consulting Services. Offices of government as deemed under Major Group 91 in the Standm'd Industrial Classification Manual. Acce~ory U~ Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 11/04/2002 1) Parking facilities and Signage. 2) One cagtaker's residege. F :UOB~N~AWU'~v~d°~ JUN 2 2003 5.4 DEVELOPMENT STANDARDS JAN 0 9 2663 Planning Gervioeil A. MINIMUM LOT AREA: 10,000 square feet. B. AVERAGE LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): I) Fwnt Yard: 20 feet 2) Side Yard: None, or a minimum of 5 feet, with unobsUuct~ passage from front to rear yard. 3) Rear Yar& 15 feet. 4) Parcels with two frontages may reduce one front yard by 10 feet. D. MINIMUM YARDS AND BUFFERS (EXTERNAL) 1) Rattlesnake Hammock Road (C.R. 864): 50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from thc Rattlesnake Hammock Road Right-Of-Way. A 20 .foot landscape buffer, in accordance with Section 4.4, and Section 7.11 ofthls document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Rattlesnake Hammock Road. 2) County Road 951:50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands ar~ located closer than 40 feet from the C~R. 951 Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4.4, and Section 7.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of State Road 951 E. MINIMUM DISTANCE BETWF.~ STRUCII.IRF~: Same as side yards. ~ HEIGHT: 50 feet, except for architectural appurtenances, which shall not exceed 75 feet. F:u~Ak~'vPUDDoo.d~ MINIMUM ~R ~ 1,000 square feet per principal ~ on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor of 25 not subject to setback requirements set forth above. MAXIMUM GROSS I'~'ASABLE FIX)OR AREA: ~~~ ~3 OFF-STREET PARKING AND LOADING REQUIll~: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. ARC~ UNIFORMrI~: Commercial/office development in this PUD shall have a common architectmal theme for all structures. Guidance for the commonality of architectu~ may be derived from Division 2.8 of the Land Development Code, or may be ~mique to the PUD. Commercial/office development site design shall conform with the guidelines and standards of Division 2.8 of the Land Development Code. CARETAKER'S RF~IDHNCE: One (1) caretaker's residence shall be permitted for the commercial/office development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial]office buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant or designated employee operating or maintaining the shopping center or commercial/office facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application- Parking for the. ~er's residences shall be in addition to any other require! parking facilities. RECEIVED JAN 0 9 2003 Planing Servlms F:~iOB~IAI~A~P~do~ 11/04/2002 JUN 2 ~t 2003 ,,..C_o / _ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors ,, Planners Q. GRADY MINOR, pi_ MARK W. MINOR, P.F. C. DF. AN SMITH, P.E. DAVID W. SCHMITI', ~cI4A~. I. D~,..~T~, P.F.. NOR~,.~ I. TR~~ ,a~lC.P,, P.F_. MA~ I. D. WAYNE AR/qOLD, A.I.C.P. ROBERT"BOB" THINNES, A.LC.P. ERIC V. $ANIX)VAL, P_~L ~ V. BURGEI~ P.S.M. MICHAliL L. HARMON, PS. Id. ALAN V. ROSEMAN April 3, 2003 Ms. Kay Deselem, AICP Principal Planner Collier County Planning Services Department 2800 North Horseshoe Drive Naples, FI 34108 RE-SUBMITTAL PUDZ-2002-AR-3512 PROJECT #19990105 DATE: 4/4/03 KAY DESELEM RE: PUDZ-2002-AR-3512, Naples Lakes Country Club PUD Dear Ms. Deselcm: This correspondence represents our response to the sufficiency comments previously provided by your office. Based on our meeting with Susan Murray, Mike Sawyer, and you, the PUD document has been modified to reflect those revisions on which there was consensus. Principally, the permitted uses in the C/O District have been modified to address the comments and to correct typographical errors. Further, the PUD has been modified to clarify that no outdoor storage is permitted for those uses specified in SeetionV: 5.3.A. 11.m. With respect to the comments regarding buffers and slope requirements, Section 7.11 of the PUD document has been modified to acknowledge that the standards contained in the PUD document are exceptions from those standards currently identified within the Land Development Code. As requested, thc conceptual master plan has been modified to reflect the project name change from Naples Forest to Naples Lakes Country Club PUD. We have met separately with the Collier County Transportation Planning Department personnel to review their comments. A revised trip generation comparison for the previously approved use and the proposed revised uses has been provided. A level of services analysis has also been prepared for the adjacent road segments. Both reports demonstrate that the proposed reduction in overall commercial square footage r-~'ults in fewer daily and peak hour trips for the project. A courtesy copy of there~' ' generation and level of service analysis has been submitted separately to Mr. Uffali, of the Transportation Planning Department JUN 9 74m · <2 9> · Ms. Kay Deselem, AICP April 3, 2003 Re: pUDZ-2002-AR-3512, Naples Lakes Country Club PUD Page 2 of 2 We are anxious to proceed to public hearings on this project. Please let me know if there are any questions regarding this submittal. D. Wayne Arnold, AICP C-' Richard Keiser, Toll Brothers Richard Yovanovich RECBVEn APR 0 3 2003 F :~i'OB ~q'APLF.~ L.AI~PD A\WA~ UFLT'~ ~kx: JUN 2 ~ 2093 O GOLDEN GATE ~ARKWAY RADIO ROAD DAVIS BLVD. Z O U SITE RATTLESNAKE HAMMOCK RD. · JUN 2 4 ~3 NAPLES LAKES COUNTRY CLUB LOCATION MAP DRalrOCG NU'I~3~ I ~ ' DAT~: DFC~M~R 2002 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Platmers Q. GRADY MINOR, P.E. MARK W. M/NOR, P.E. C. DEAN SMITH, P.E. DAVID W. SC~MITT, P.E. MICHAEL J. DEI, ATE, P.E. NORMAN J. TREBILCOCK, A. LC.P., P.E. December 13, 2002 D. WAYNE ARNOLD, A. LC.P. ERIC V. SANDOVAL, P$.M. ALAN V. RGb-EMAN Ms. Kay Deselem, AICP Collier County Planning Services PUDZ-02-AR-3312 2800 North Horseshoe Drive Naples Lakes Country Club Naples, FL 34104 Project #: 19990105 Date: 12/31/02 RE: Naples Lakes (Forest) Country Club PUD Amendmen Kay D~'selem Dear Ms. Deselem: Enclosed please find the completed PUD amendment application and supporting materials for the Naples Lakes (Forest) Country Club PUD, Ordinance No. 98-14. As reviewed at our public information meeting held on October 15, 2002, the primary purpose of the amendment is to revise the schedule of permitted uses in the commercial/office designated tract of the PUD. Specific land uses such as coin operated laundries and hotel/motel uses are being deleted fi.om the PUD. We are requesting several uses to be added to the PUD, which are principally personal service and medical related uses. The amended PUD also reflects a voluntary reduction in the overall permitted commercial square footage from 150,000 square feet, to a maximum of 110,000 square feet. With this application, we are formally requesting that the official name of the PUD be changed to Naples Lakes Country Club PUD, which is consistent with the common known project name. All proposed modifications are reflected in strike through and underline format in the revised PUD document. Please contact either Richard Yovanovich at 435-3535 or me if there are any questions. D. Wayne Lold, AICP -- DWA:jw Enclosure (239) 947-1144 ,, FAX (239) 947-0375 · E-Mail: engineering~gradyminor.co F:~JOB\NAPLESI..AKEPDA'~WA",KD21213Ld°e 3800 Via Del Rey · Bonita Springs, Florida 34134-7569 AC, eUOA ~ JUN 2 ~ 2003 Q. GRADY MINOR & ASSOCIATES, P.A. Q. GRADY MINOR, MARK W. MINOR, C. DEAN SMm-I, P.,~. DAVID W. SCI-IMITI', P.E. MICHAI~ J. Dia..AT& P.~. NO~ I. ~~ ~L~ P~ ~~j. ~N, P~ April 3, 2003 Ms. Kay Deselem, AICP Principal Planner Collier County Planning Services Department 2800 North Horseshoe Drive Naples, F1 34108 RE: PUDZ-2002-AR-3512, Naples Lakes Country Club PUD D. WAYN~ ARNOLD, A.LC.P. ROB]~T "BOB" THINNES, A.I.C.P. I~I~IC V. SANDOVAL STI~vmN V. BURGI~SS, P.S.M. MICHAI~ L HARMON, ALAN ¥o ROSEMAN RE-SUBMITTAL PUDZ-2002-AR-3512 PROJECT #19990105 DATE: 4/4/03 KAY DESELEM Dear Ms. Deselem: This correspondence represents our response to the sufficiency comments previously provided by your office. Based on our meeting with Susan Murray, Mike Sawyer, and you, the PUD document has been modified to reflect those revisions on which there was consensus. Principally, the permitted uses in the C/O District have been modified to address the comments and to correct typographical errors. Further, the PUD has been modified to clarify that no outdoor storage is permitted for those uses specified in SeefionV: 5.3.A. 11.m. With respect to the comments regarding buffers and slope requirements, Section 7.11 of the PUD document has been modified to acknowledge that the standards contained in the PUD document are exceptions from those standards currently identified within the Land Development Code. As requested, the conceptual master plan has been modified to reflect the project name change from Naples Forest to Naples Lakes Country Club PUD. We have met separately with the Collier County Transportation Planning Department personnel to review their comments. A revised trip generation comparison for the previously approved use and the proposed revised uses has been provided A level of services analysis has also been prepared for the adjacent road segments. 'Both reports demonstrate that the proposed reduction in overall commercial square footage results in fewer daily and peak hour trips for the project. A courtesy copy of the rev '~ ~" generation and level of service analysis has been submitted separately to Mr. Uffali, of the Transport_a_tion Planning Department (239) 947-1144 · FAX (239) 947..0375 · E-Mail: engineering~gradyminor.com F:~JOB~APL~k~I~We~'~T~a SpringS, Florida 34134-7569 · F_.B/LB 0005151 JUN 2 2003 Ms. Kay Des¢lem, AICP April 3, 2003 Re: PUDZ-2002-AR-3512, Naples Lakes Country Club PUD Page 2 of 2 We are anxious to proceed to public hearings on this project. Please let me know ii'there are any questions regarding this submittal. D. Wayne Arnold, AICP C.' Richard Keiser, Toll Brothers Richard Yovanovich RECEIVEI~ APR 0 3 200,'1 .JUN 2 ~ 2003 F:UOB~APLF~LAK~PDA~WA~S UFLTR. doc RE.sUBMITTAL pUDZ-2002-AR-3511 PROJECT #19990105 DATE: 4/4/03 KAY DESELEM TRAFFIC IMPACT STATEMENT FOR NAPLES LAKES COUNTRY CLUB PUD AMENDMENT Prepared by: CIVIL ENGINEERS · LAND SURVEYORS · PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 April 2, 2OO3 JUN 2 ~t ~13 F:gO B ~NAPLF, S~ KI~DA\Cds~'LPDATIS -DOC NLPDA NAPLES LAKES COUNTRY CLUB PUD AME~ND1MENT Page 1 IIFI'RODUCTION Thc Napl~ La]~ Country Club PUD is a request for an amendment to the PUD zoning of approximately 485 acres for a residential golf course community and commercial/o/~[i~e development. The project was fonnerly known as Naples Forest Country Club and received PUD appwval in 1998 for the development of up to 785 residential dwelling units, an 18 hole golf course and up to 150,000 square feet of commercial development The residential project and golf course .are substantially complete. The commercial parcel is partially complete with an existing Publix superm~ and assodated retail center of approximately 60,000 square feet. Several outparcel areas remain to be developed. The subject amendment will reduce the maximum square footage ofcommexcial uses to 110,000 for an overall reduction in the project's traffic impacts. The project site is located on the northwest comer of the intersection of Rattlesnako-Hammock Road and Collier Boulevard in Section 15, Township 50 South, Range 26 East, Collier County, Florida. For project location please refer to Figure 1, Location Map. Please refer to Figure 2, Mater Concept Plan for general configuration ofacce~ points. SCOPE The following analyses are included in this report: 2. 4. 5. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic (PSDT) including the respective peak hour volumes. Existing Traffic Volumes on adjacent arterial roadways; AADT volumes, PSDT vol-roes, and Level of Service (LOS). Future Traffic Volumes on adjacent arterial roadways; AADT volumes, PSDT volumes, and LOS. Discussion of impacts to roadway. TRIP GENERATION Trip generation rates are e~mated using 6th Edition Trip Generation published by the Institute of Transportation En~noers. Land Use Codes 210, 430, 820, 845, 912, 720 and 710 are used to estimst~ trip generation for the S/ngle Family Residential, Golf Course, Shopping Cent, Service Station, Drive-in Bank, Medical Office and General Office uses, respectively. The hip generation summary for the previously approved zoning is shown on Table 1. A summary of the Trip Generation Calculations for the amended project is shown on Table 2. , I~:~OI~~A~DATI~.DOC 2003 Page The previous traffic impact analysis was for 17,516 trip ends 'for daily trnffic volume and 1,557 trips ends during the highest peak hour (PM). The net new trip generation for the amended project is estimated to be 11,830 trip ends for daily traffic volume and 1,453 trip ends during the highest pe~k hour (PM), atter adjustment for internal and pass-by c~tm'e. The project has been substantially completed in aeeordsnce with the previously PUD. Approximately 590 residential units, the 18 hole golf course, and the 60,000 square foot retail plaza have been construe~l. ~ ~ red~c~ the new trips to be added to the surrounding roadway network to 3,930 trip ends for daily traffic and 702 trip ends during the highest peak hour (PM). Please refer to the DISCUSSION section for detain concerning the effects of these traffic volumes on the level of service for roadway links adjacent to the project TRIP A$$IG~ The projected directional distn'bution of traffic to and from Natd~ Lakes Country ClubPUD site was determined using population and surrounding trip attractions. A modified Fratar method calculation was used based on population projections for the area and proportional distn'bution of existing tra~c. The project directional distribution is shown on Table 3. IiXISTING TRAFFIC Table 4 shows existing 2003 AADT and PSDT traffic volumes, including peak hour volumes, for all major roadway ~ Within the RDL Values wm'e projected fi.om 2002 traffic count data for the roadway links within the RDL Level of Service (LOS) determinations are made based on the Collier County Service Volume Tables. The traffic count data and service volume tables are presented in Appendix A, Supporting Data. FUTURE TRAFFIC Table 5 shows 2005 (expected buildout year) traffic volumes without project generated traffic included for aH major roadway links within the RDI. Table 6 shows 2005 Waffle volumes with project traffic included for all major roadway link~ within the RDI. The effect oftn'oject genernted traffic on the surrounding roadway links is ~ed below. DISCUSSION The proposed change to the PUD zoning for this project results in a net decrease in the projected traffic generation for the project. However, the level of service of roadways within the RDI were considered as shown on the tables referenced above. The net affect of the proposed change reduces impacts to affected roadways over the currently approved zoning,. The following roadway ~ de~ discussion. F:~JOB~PLF.,S~A~Cd~rLPDATI~'DOC Page 3 Collier Boulevard from U.S. 41 to Rattlesnake-Hammock Road is projected to be slightly over the threshold for LOS E for 2005 traffic with project traffic included. However, intersection improvcm~ are currently under construction at U.S. 41 and Collier Boulevard, which will improve the conveyance capacity of this roadway link. With these improvements, the link would be projected to operate at an acc~table level of service. · Rattlesnake-Hammock Road from Collier Boulevard to Polly Avenue is currently a 2 lane roadway. It is scheduled w be widened in the 5-Year CIE. County Barn Road is also scheduled for widening in the S-Year CIE. These impwvements will raise the operation of these links to accep~le levels of service. Davis Boulevard is projected to operate at a deficient level of service for 2005 traffic volumes, both with and without project traffic. R is important to remember that the proposed changes to this PUD reduce the potential traffic volumes over the intens/ty currently approved for the project. Project construct/on is also substantially complete under the prev/ous zoning approval. The ind/v/dual developments will also be requ/red to show adequacy of roadway infrastm~ or provide improvements prior to rece/ving development approvals. F:UOB~NAPLESLAK]~DA~.,d~NLPDATIS .DOC J U {~{~{~,A2003 { FIG~ & TA RLF_S F:~JOB~NAPL~~A~-~ls~FLPDATI~-DOC JUN 2 4 2003 NI..I~^ FIGURE 1 RADIO ROAD DA~$ BL~. SITE RATTLES~IAK£ HAMMOCt( RD. NAPLES LAKES COUNTRY LOCATION MAP CLUB JUN 2 ~ 2O03 FIGURE 2 i TOyAL HO,,I~OT AFIr, A 411),A,d~ll~ NAPLES LAKES COUNTRY CLUB P MASTER CONCEPT PLAN JUN 2 4 2003 Table 1 - Naples Forest Country Club 'SUMMARY OF AVERAGE VEHICLE TRIP GENERATION AVERAGE WEEKDAY DRIVEWAY VOLUMES LAND USE SIZE 24 HOUR TWO-WAY VOLUME AM PK HOUR ENTER EXIT PM PK HOUR ENTER EXIT SINGLE FAMILY- DWELLINGS 785 DWELLING UNITS GOLF COURSE 18 HOLES QUALITY RESTAURART ' 5 TH . GR . SQ . FT. FASTFOOD - DRIVE THRU 3 TH. GR. SQ. FT. S~.RVICE STA. W/CONV. MART & CAR. WASH HARDWARE / PAINT STORE GENERAL OFFICE --~HOPPING CEI~R TOTAL 6885 645 490 2130 4 VEH. FUELING POSITIONS 583 5 TH.GR.SQ.FT. 256 66 TH.GR.SQ.FT. 1025 67 T.G.L.A. '5-5'02 17516 125 356 41 8 0 0 85 'Sa 22 21 0 0 123 15 81 47 477 529 4-S0 242 0 0 57 53 25 25 0 0 23 114 254 254 840 717 Note: A zero rate indicates no rate data available TRIP GENERATION BY MICROTRANS JUN ? q JUN 2 2003 JUN 2 ~ 2003 2OO3 APPENDIX A SUPPORTING DATA F :UOBV, qAPLES LAKEPD A'C, dsxNLPDATIS .DOC ~GENOA JUN ~ ~ ~003 Nt~DA II I-I 1~11-1 l-I -I 1-11-11-t _ I_~f --I I--I I~1 I--I I~-I I--I -_ I.. I~1 I~1 ~1 I--t I~1 ~1-~1 I,t I~ I; JUN 2 ~ 2003 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0615N AND 0615S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT PREVIOUSLY KNOWN AS NAPLES FOREST COUNTRY CLUB TO NOW BE NAMED NAPLES LAKES COUNTRY CLUB PUD, TO AMEND THE COMMERCIAL COMPONENT OF THE PUD DOCUMENT, TO REVISE THE SCHEDULE OF PERMITTED USES IN THE COMMERCIAL/OFFICE DESIGNATED TRACT OF THE PUD, AND TO REDUCE THE COMMERCIAL SQUARE FOOTAGE FROM 150,000 SQUARE FEET TO A MAXIMUM OF 110,000 SQUARE FEET, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF COLLIER BOULEVARD (C.R. 951) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 485.02+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-14, AS AMENDED, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, representing Naples Lakes Country Club, petitioned the Board of County Commissioners in petition number PUDZ- 2002-AR-3512 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, THAT: SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from PUD to PUD in accordance with the Naples Lakes Country Club PUD Document, attached hereto as Exhibit "A", and incorporated by reference herein. The Official Zoning Atlas Maps numbered 0615N and 0615S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. JUN 2 2003 SECTION TWO: Ordinance Number 98-14, as amended, known as the "Naples Forest Country Club" PUD, adopted on February 24, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: TOM HENN1NG, CHAIRMAN Patrick G. White Assistant County Attorney PUDZ- 2002.AR-3512./KDlsp Attachments: Exhibit A, PUD Document JUN 2 2OO3 NAPLES LAKES COUNTRY CLUB A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING NAPLES LAKES COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TBI/NAPLES LIMITED PARTNERSHIP 233956 SANCTUARY LAKES COURT BONITA SPRINGS, FLORIDA 34134 PREPARED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34 134 AND RICHARD YOVANOVICH GOODLETYE, COLEMAN AND JOHNSON 4001 TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 Last revision: May 19, 2003 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 5/15/03 6/24/03 EXHIBIT "A" JUN 2 ~ 2003 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Section V Section VI Section VII Legal Description, Property Ownership and General Description Project Development Residential Development Standards CommonsLRecreation Area Development Standards Commercial\Office Area Development Standards Preserve Area Development Commitments i ii I-1 II-1 III-I W-1 V-i VI-1 VII-1 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I TABLE II TABLE III PUD MASTER PLAN PROJECT LAND USE TRACTS RESIDENTIAL\COMMONS RECREATION DEVELOPMENT STANDARDS DEVIATION LIST JUN 2 ~ 2003 STATEMENT OF COMPLIANCE The development of approximately 485 acres of property in Collier County as a Planned Unit Development to be known as Naples Lakes Country Club will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial\office, and recreational facilities of Naples Lakes Country Club PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the northwest comer of the Rattlesnake Hammock Road (C.R. 864) and County Road 951 intersection. This strategic location allows the site superior access for the placement of commercial activities. The project is a mixed use development located within, and less than one mile from, a designated Activity Center, theretbre, the proposed commercial uses and residential densities are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The proposed density of Naples Lakes Country Club PUD is 1.67 units per gross acre and less than the maximum density of 7 units per acre permitted by the FLUE Density Rating System and is therefore consistent with the Future Land Use Element, Policy 5.1. The development will be compatible with and complementary to existing and planned surrounding land uses. o The development of Naples Lakes Country Club PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. ° Naples Lakes Country Club PUD is consistent with and furthers Policy 5. Land Use Element in that it is using existing land zoned for urban uses. i of the. Fntnr~ JUN 2 q 2003 10. I1. Naples Lakes Country Club 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. The Master Development Plan, with its extensive natural, lake and golf course open space areas, and with its low residential density, will insure that the developed project will be an enjoyable residential neighborhood. JUN 2 % 2003 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 1.2 1.3 1.4 I-1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Naples Lakes Country Club PUD. LEGAL DESCRIFTION The subject property being 485.02 acres is described as: All that part of Section 15, Township 50 South, Range 26 East, Collier County, Florida, lying south of the following described parcel: BEGINNING at the Northeast comer of Section 15, Township 50 South, Range 26 East, Collier County, Florida, then along the North line of Section 15, South 87° 37' 14" West 100.16 feet to the West Right-Of-Way line of County Road 951 for a PLACE OF BEGINNING; then along the West Right-Of-Way line South 00°51'53" West 892.87 feet; then South 87o43'59" West 4870.63 feet to the West line of Section 15: then along the West Section line North 00015'23'' West 882.49 feet to the Northwest comer of Section 15; then North 87037, 14" East 4888.46 feet to the PLACE OF BEGINNING, And lying west of the Right-Of-Way for County Road 951 and north of the Right-Of- Way for Rattlesnake Hammock Road. PROPERTY OWNERSHIP The subject property is owned by TBI/Naples Limited Partnership GENERAL DESCRIPTION OF PROPERTY The development property is located in the northwest quadrant of the intersection of Rattlesnake Hammock Road (C.R. 864) and County Road 951, in Section 15, Township 50 South, Range 26 East. The project site is substantially developed in accordance with this PUD document and master plan. The property is generally without topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea level. The site contains extensive areas of jurisdictional wetlands including both submerged wetlands in which cypress and associated vegetation dominate, and transitional wetlands in which the md wetland predominant vegetation is a mix of pine and cypress and associated upland plants. Natural drainage is southwesterly. The proposed water managemen~ the project utilizes lake and natural wetland detention areas which will resul~ development surface water discharge volume being no more than the pre-c discharge volume. i reglmOi~l~A ' in tl~post '~ ~velopment ' JUN 2 ~ 2O03 1.5 1.6 I-2 PROJECT DESCRIPTION The Naples Lakes Country Club PUD shall be a mixed use development, with residential development centered around an 18 hole golf course, with a commercial/office development opportunity. The commercial component of the development will be located on a 15+ acre parcel at the intersection of County Road 951 and Rattlesnake Hammock Road. The commercial land uses proposed are those typically associated with major intersections, including, but not limited, convenience stores with gas pumps, restaurants, whether fast-food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional offices to be located in a shopping center or developed in an outparcel within the commercial/office development area. The amenities proposed to be provided in the project include, but are not limited to, an 18 hole golf course and related support facilities, structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a diverse variety of passive and active recreational opportunities. Each residential unit, and each commercial or office land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. Approximately 361 acres of the 584+ acre project is planned as a Stormwater management basin. Approximately 69 acres of lakes and 29 acres of natural/preserve area are included in this area. Stormwater originating on lands to the north of the project will flow through the project using culvers, swales, and preserved areas of the site in a manner intended to duplicate predevelopment conditions. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3- day/zero-discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be slowly discharged through small bleed-down structures into the existing preserved wetland slough. Off-site outfalls which receive Stormwater discharge from the property will likely undergo modification in the future due to development/modification, at which time modifications to the Naples Lakes Country Club PUD water management plan may be required. SHORT TITLE This Ordinance shall be known and cited as the "Naples Lakes Country Club Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.3 II-1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the Naples Lakes Country Club PUD development, as well as other project relationships. GENERAL Regulations for development of Naples Lakes Country Club PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Naples Lakes Country Club PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived 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 the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various There shall be tracts is illustrated graphically by Exhibit "A," PUD Master Plan. four land use tracts, portions of which may include water managed facilities, and private street rights-of-way, the general configuration also illustrated by Exhibit "A." 2003 TRACT "R" TRACT "CO" TRACT "CR" TRACT "P" TABLE I PROJECT LAND USE TRACTS TYPE UNITS/SQ.FT. ACREAGE :t:: RESIDENTIAL 785 ! 10 COMMERCIAL\OFFICE 110,000 15 COMMONSXRECREATION 0 219 PRESERVE 0 141 2.4 2.5 II-2 Bo Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. Co In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENS1TY A maximum of 785 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development area, is approximately 470.02 acres. The gross project density, therefore, will be a maximum of 1.67 dwelling units per acre. PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development the State of Bo Plan, the Collier County Subdivision Code, and the platting laws of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Devel¢ Subsequent to, or concurrent with the PUD approval, a Preliminary Plat shall be submitted for the entire area covered by the PUD Maste ,menkPla~ \ ~).!9 Subdivis'i0n PlaJ[J N~ 20113 Co Eo division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential or commercial/office development contemplating fee simple ownership of land for each dwelling unit, or commercial/office unit or parcel, shall be required to submit and receive approval of a Preliminary Subdivision Plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. The golf course and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff and the Board of County Commissioners. Use of the golf course may not occur until a Site Development Plan for the golf course is approved, or the plat is recorded, and all support infrastructure is completed and preliminary acceptance for the improvements is granted by the Community Development and Environmental Services Administrator. Prior to the development of a zero lot line product (single-family detached units following the development standards set forth in Sub-sections 3.4.B.2), 3.4.C.3), and 3.4.D.3) of this document, in which each unit is on a separately platted lot, the developer shall submit a Site Development Plan showing the building envelope on all of the lots intended for zero lot line construction to the Customer Services Department for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required sideyard in a uniform manner. II-3 JUN 2 2003 2.6 2.7 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may e excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the Land Development Code, however, removal of fill from Naples Lakes Country Club PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. USE OF RIGHTS-OF-WAY All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten (10') feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code.. 2.9 II-4 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, right-of-way, utilities and other purposes as required. All necessary easements dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing Naples Lakes Country Club PUD. Whenever the developer elects to create land area and/or recreation amenities ownership and maintenance responsibility is a common interest to all of th purchasers of property within Naples Lakes Country Club PUD, the de~ provide appropriate legal instruments for the establishment of a Prope whose sub Irm_ ty Owners' JUN 2 h 2003 Association, or, provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8 of the Collier County Land Development Code. 2.10 MODEL HOMES AND SAIJES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Naples Lakes Country Club PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4 of the Collier County Land Development Code. The limitation of Subsection 2.6.33.4.1.5(a) of the Land Development Code, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. 2.11 FILL STORAGE II-5 Fill storage is generally permitted as a principal use throughout the Naples Lakes Country Club PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply. A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet Co Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over future residential lots which are depicted on an approved Preliminary Subdivision Plat, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential lots which are depicted on an approved Preliminary Subdivision Plat, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. Fill storage and stockpiling shall be permitted as a part of a golf course Early Work Permit, and prior to platting or Site Development Plan submittal. JUN 2 q 2003 2.12 2.13 2.14 REQUIRED ENVIRONMENTAL PERM1TI'ING Where the development of land within Naples Lakes Country Club PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable, naturally functioning native vegetation on site is required to be retained. This requirement is fully satisfied within the Preserve Area and other areas within the PUD. 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 and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the PUD. Thence forth, development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. II-6 ^C,r NOA I JUN 2 zt 21383 SECTION III RESIDENTIAL DEVELOPMENT 3.1 3.2 3.3 III-1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A." MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 785 dwelling units. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single-Family detached dwellings. 2) Single-family attached dwellings, zero lot line and patio dwellings and/or multi-family dwellings. 3) Model Homes (See Section 2.10 of this PUD Document). B. Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Utility facilities and, or easements (including fights-of-way easements). 3) Signage (see Section 7.11 of this document). 4) 5) Water management facilities/lakes. Project sales and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until ;uch time as I permanent structures are available. AC..,E~,lnA rr~_ JUN 2 q 2003- 3.4 III-2 DEVELOPMENT STANDARDS Ao GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure Condominium/homeowner's association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA: 1) Single family lots: 5,500 square feet. 2) Attached single family, villa/patio homes, and zero lot line dwellings: 4,000 square feet of site area per dwelling unit. 3) Multi-family parcels: 1 acre. C. AVERAGE LOT WIDTH: 1) Single family lots: 70 feet. 2) Attached single family dwelling units: 30 feet per single story dwelling unit; 25 feet per two story dwelling unit. 3) Villa/patio homesites, and zero lot line lots: 50 feet. 4) Multi-family parcels: 150 feet D. MINIMUM YARDS: (Principal Structures): 1) Single family detached: Front Yard: 25 feet. Side Yard: 7.5 feet. Rear Yard: 20 feet. Minimum Distance Between Structures: 15 feet. 2) Single family attached: Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures. Rear Yard: 15 feet. Minimum Distance Between Structures: 10 feet. 3) Villa/patio homes, and zero lot line: Front Yard: 20 feet. Side Yard: 0 feet or 5 feet. Rear Yard: 15 feet. ,~C, ret~A rrlga JUN 2 ~ 2003 Minimum Distance Between Structures: 10 feet. 4) Multi-family: Front yard: 20 feet Side Yard: 15 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Rear Yard: 20 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. MINIMUM YARDS (Accessory Structures): 1) Single family detached: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. l) Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. 2) Single family attached: Front Yard: Same as principal structure. Side Yard: Same as principal structure Rear Yard: Detached: 15 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. 3) Villa/patio homes, and zero lot line: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 15 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. III .3 4) Multi-family: Front yard: Side Yard: Rear Yard: Same as principal structure. Same as principal structure. Detached: 20 feet. Attached: 10 feet, or where adjacent to a golf cc lake 0 feet from the lake control elevation. ! .... F. MINIMUM FLOOR AREA: Go Ho 1) Single family detached dwelling units: 1,400 square feet. 2) All other dwelling units: 1,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit :,pplication. MAXIMUM HEIGHT 1) Single Family attached or detached, villa/patio homes, and zero lot line: Two stories above the minimum flood elevation. 2) Multi-family: Four stories above the minimum flood elevation. 3) Accessory Structure: 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure. CLUSTER DEVELOPMENT In the event a housing project (including infrastructure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations from the previously listed residential development regulations. Prior to approval and subject to the provisions of Division 3.3 of the Collier County Land Development Code, the Collier County Development Services Director shall insure that the plans are appropriate for and compatible with the surrounding area, and the basic intent of the PUD standards are complied with. III-4 JUN 2 q ~:~3 SECTION IV COMMONS/RECREATION AREA 4.1 4.2 IV-1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract "CR", Commons/~(ecreation Area on Exhibit "A". The primary function and purpose of this Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PE1L.MITIS!D No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Golf courses and golf club facilities, including temporary and permanent golf clubhouse. 2) Tennis clubs, health spas, and other recreational clubs. 3) Structures which house social, recreational, project marketing, administrative, or security facilities. 4) Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5) Utility, water management and rights-of-way/access easements. 6) Lakes and water management facilities. 7) Conservation areas/mitigation areas. 8) Land use and/or landscape buffers, which may or may not be depending on the buffer use. ~asem~n~, IV-2 9) Signage (see Section 7.10 of this document). 10) Open space uses and structures including, but not limited to golf cart paths, nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and picnic areas. 11) 12) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. 13) Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 14) Lake excavations as permitted by Division 3.5 of the Collier County Land Development Code. Accessory Uses: Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. 1) Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses. 2) 3) Small establishments, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (1) caretaker's residence for the golfing/tennis facilities. 5) Telecommunications facilities, including, but not limited to digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master homeowner's association. JUN 2 ~ 20O3 4.3 IV-3 DEVELOPMENT REGULATIONS ho Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. Setbacks: 1) Country Club (Principal structures): Front Yard: 50 feet from abutting residential parcels, otherwise 0 feet. Side Yard: 25 feet from abutting residential parcels, otherwise 0 feet. Rear Yard: None. Accessory Structures (all yards): 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. 2) Other Recreation Areas (All buildings): Front Yard: 20 feet, or where adjacent to golf course 0 feet' or lake 0 feet, measured from the lake control elevation. Side Yard: 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Rear Yard: 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Structures adjacent to one another shall be separated by a minimum of 10 feet. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. A site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F. of this document. F. Maximum Height: 1) Principal Structures: 60 feet. 2) Accessory Structures: 40 feet, structures. except telecommunications facilities and G. Minimum Off-Street Parking and Loading: 1) Private Golf Courses: Four (4) spaces per hole. per 200 square feet shall be provided for office/lobby/pro-shop/ clubhouse/lounge/snack bar/dining room/meeting room areas maximum one-third (1/3) of this requirement may be grassed and future parking and shall be paved as deemed necessary by the 12 Services Director and dedicated as such on the Site Developmen Additionally, one (1) space heal[l[~ club/ ,et a~l~t~ ~velo~me~t 4.4 IV-4 time of approval pursuant to Division 3.3 of the Collier County Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (1) space per 1,000 square feet. 2) Loading Areas: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Caretaker's Residence: One (1) caretaker's residence shall be permitted for the golfing/tennis facilities, subject to the following: 1) The residence shall be constructed as an integral part of the main golf course clubhouse facility, and shall be entered from within the respective clubhouse/facility. All exits required to comply with fire codes shall be permitted. 2) The caretakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretakers' residences shall be in addition to any other required parking facilities. BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: l) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from 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 buffers may be landscape buffers and, or earthen berms and, or fences/walls. 2) Landscape buffer; existing native plant types may be utilized and, or; 3) Earthen berms and, or; 4) Fences/walls: 9 foot maximum height. A6f. l~a rrt'~ JUN 2 ~ ~ Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 7.11 of this document shall also apply. 1) Land use buffers, berms, fences and walls may be constructed along the perimeter of the Naples Lakes Country Club PUD boundary prior to Subdivision Platting and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument. 2) All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. 3) Except as provided for above, and in Section 7.11 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier County's Land Development Code. 4) Types and numbers of plantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans shall depict how the perimeter land use buffers will be irrigated. IV-5 JUN 2 ~ 2003 TABLE II DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE SINGLE VILLA/PATIO MULTI- FAMILY FAMILY ZERO LOT FAMILY DETACHED ATTACHED LINE USES COMMONS RECREATION PRINCIPAL STRUCTURES MINIMUM LOT AREA AVERAGE LOTWIDTH 5,500 S.F. 4,000 S.F. 4,000 S.F. 1 ACRE 70 FEET 30 FEETI 50 FEET 150 FEET 25 FEETS NOT APPLICABLE NOT APPLICABLE MIN. FLOOR AREA FRONT YARD 1,400 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. NOT APPLICABLE 25 FEET 20 FEET 20 FEET 20 FEET 50 FEET3 20 FE£T~ SIDE YARD REAR YARD 7.5 FEET 20 FEET 5 FEETl O FEET OR 15 FEETs 25 FEET3 7.5 FEET2 5 FEET 10 FEET* l 5 FEET 15 FEET 20 FEETs NONE3 ~o FEET~ MIN. DIST. BETWEEN STRUCTURES MAX. BLDG. HT. 15 FEET 10 FEET 10 FEET 15 FEET~ I0 FEET 2 STORIES7 2 STORIES7 2 STORIES7 4 STORIES7 60 FEET7 ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. 10 FEETs S.P.S.4 SIDE S.P.S. S.P.S. S.P.S. S.P.S. 10 FEETs S.P.Sfi REAR (ATTACHED) (DETACHED) 10 FEETs 10 FEETs 10 FEETs 10 FEETs 10 FEETS S.P.S.4 20 FEET 15 FEET 15 FEET 20 FEET 10 FEETS S.P.S.n MAX. BLDG. HT. 35 FEETs 35 FEE'I4 35 FEETS 35 FEE'Ia 45 FEET¢ S.P.S.: Same as Principal Structures. 2. 3. 4. 7.8. enclosun~, which n~y oe tl~ ' 9. 40feet, except telecommunications facilities and stmctures. I JUN2, ,2003 IV-6 ,~ Applicable to single story dwelling unit~. Applicable to two story dwelling umts. Applicable only to the golf course clubhouse, and only applicable from residential parcels, otherwise none (0'). Applicable to all other recreational buildings not associated with the golf course clubhouse. Where such recreational buildings are adjacent to golf course - none (0'). or lake - none (0') measured from the lake control elevation. Where adjacent to a golf course - none (0'), or lake - none (0') measured from the lake control elevation. ~a 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is }~ :~ Building height shall be measured from minimum flood elevation, ch~O,n~y 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen whi oe height of the principal stmcture. J[JN 2 t) 2003 SECTION V COMMERCIAL/OFFICE AREA 5.1 5.2 5.3 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", PUD Master Plan. MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 15+ acre Commercial/Office Area (Tract "CO"), shall not be developed with more than 110,000 square feet of commercial/office uses. USES PERMITYED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses1: I) Travel Agencies (4724) 2) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 523 - Paint, Glass, and Wallpaper stores; b. 525 - Hardware stores; c. Major Group 53 - General merchandise stores. 3) Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual, except freezer food plans and produce stands. 4) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 - Auto and Home Supply stores, not including battery dealers, tire dealers, auto paris dealers or any installation facilities; b. 554 - Gasoline Stations, not including service stations, marine service stations, truck stops or service facilities; 7542 - Carwashes only. Co ~ Reference Executive Office of the President, Office of Management and Budget, Standard lndusn Classification Manual, 1987 Edition. V-I JUN 2 2003 ,,: 1.i2 V-2 5) 6) 7) 8) 9) lO) 11) Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification manual. Drinking places (5813) shall be permitted only in conjunction with eating places (5812). Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 - Fuel Dealers. For Group 5999, gravestones and tombstones retail, sales barns, firework sales and auction rooms shall be prohibited. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60,61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 - Laundry, Cleaning, and Garment Services, only including 7212 - Garment pressing, and agents for laundries and drycleaners including on site dry cleaning; b. 722 - Photographic Portrait Studios; c. 723 - Beauty Shops; d. 724 - Barber Shops; e. 725 - Shoe Repair Shops and Shoeshine Parlors; f. 729 - Miscellaneous Personal Services, only including 7291 - Tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7313 - Radio, Television, and Publishers' Advertising Rep~ c. 7331 - Direct Mail Advertising Services; d. 7334 - Photocopying and Duplication Services; ~sent~ rr~ -- JUN 2 ~ 2003 5.4 v-3 e. 7335 - Commercial Photography; f. 7336 - Commercial Art and Graphic Design; g. 7338 - Secretarial and Court Reporting Services; h. 7352 - Medical Equipment Rental and Leasing; i. 7359 - Equipment Rental and Leasing, Not Elsewhere Classified-limited to only allow piano, video recorder and player, and furniture uses. Outdoor storage for any use is prohibited; j. 7371 - 7379 - Computer Services; k. 7383 - News Syndicates; 1. 7384 - Photofinishing Laboratories; m. 7389 - Business Services, Not Elsewhere Classified - outdoor storage for any use is prohibited; n. 7841 - Video Tape Rental; o. 7999 - Amusement and Recreation Services, Not Elsewhere Classified including only yoga, martial arts, gymnastics instruction and similar uses; p. 8011 - 8049 - Health Services, also including offices and clinics of oncologists. 8071 - 8092 - Medical and Dental Laboratories, 8099 - Health and Allied Services, Not Elsewhere Classified. 12) Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 13) Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 - Engineering Services (no outside equipment storage); b. 8712 - Architectural Services (no outside equipment storage); c. 8721 - Accounting, Auditing, and Bookkeeping Services; d. 8732 - Commercial Economic, Sociological, and Educational Research; e. 8742- Management Consulting Services; f. 8743 - Public Relations Services; o 8748 - Business Consulting Services. 14) Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. DEVELOPMENT STANDARDS JUN 2 q 2003 V-4 Ao Eo G° MINIMUM LOT AREA: 10,OOO square feet. AVERAGE LOT WIDTH: 100 feet. MINIMUM YARDS (INTERNAL): 1) Front Yard: 20 feet. 2) Side Yard: None, or a minimum of 5 feet, with unobstructed passage from front to rear yard. 3) Rear Yard: 15 feet. 4) Parcels with two frontages may reduce one front yard by 10 feet. MINIMUM YARDS AND BUFFERS (EXTERNAL) 1) Rattlesnake Hammock Road (C.R. 864): 50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Rattlesnake Hammock Road Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4.4, and Section 7.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Rattlesnake Hammock Road. 2) County Road 951:50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the C.R. 951 Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4.4, and Section 7.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of State Road 951 MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 50 feet, except for architectural appurtenances, which shall not exceed 75 feet. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above. MAXIMUM GROSS LEASABLE FLOOR AREA: OFF-STREET PARKING AND LOADING REQUIREMENTS: 110,000 square feet. JUN 2 2003 Jo Ko As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. ARCHITECTURAL UNIFORMITY: Commercial/office development in this PUD shall have a common architectural theme for all structures. Commercial/office development site design shall conform with the guidelines and standards of Division 2.8 of the Land Development Code. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial/office development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial/office buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant or designated employee operating or maintaining the shopping center or commercial/office facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. v-5 JUN 2 h 2003. SECTION VI PRESERVE AREA 6.1 6.2 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetaqon and naturally functioning habitats, such as wetlands, in their natural state. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required: A. Principal Uses: 1) Open spaces/Nature preserves. 2) Water management facilities. 3) Signage (see Section 7.10 of this document). 4) Mitigation areas. 5) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approval by permitting agencies. 6) Hiking trails, riding trails and golf cart paths, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. VI-1 JUN 2 t~ 2003. 7.1 7.2 7.2 VII-1 SECTION VII DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated other wise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility tbr the commitments. PUD MASTER DEVELOPMENT PLAN Ao Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Naples Lakes Country Club PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: ~Z~..... JUN 2 q 212103 VII-2 2) 3) 4) ao The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Naples Lakes Country Club PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1 of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C. 1) of this document: Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. bo Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Reconfiguration of golf course envelopes and design features. d. Internal realignment of rights-of-way. e. Modification of the County road access locations in a manner consistent with the Collier County Access Management Plan. f. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without fi ...... :-:-- .n applicable County permits and approvals, t~i~..z. ~'~ L-' J UN 2 2003 7.4 7.5 VII-3 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: mo A gatehouse/limited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Rattlesnake Hammock Road (C.R. 864) or County Road 951, nor shall such facilities be located within the Rattlesnake Hammock Road or County Road 951 Right-Of- Way. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. Residential dwelling units proposed as either single-family detached or single- family zero lot line units shall be considered as single-family detached dwellings, for purposes of determining road impact fees, in accordance with Ordinance 92- ~'~ as amended. Do All access points shall be consistent with the Collier County Access Management Policy (Resolution 92-422). Under the two-lane condition for Rattlesnake Hammock Road, any access point may enjoy full access with respect to ingress and egress tuming movements. Both left and right-turn lanes shall be required at all access points. Under the future four-lane condition, the developer shall be responsible for providing turn lanes for both eastbound and westbound traffic. If the developer has not installed turn lanes under the two-lane condition, then all costs of providing such turn lanes under the four-lane condition shall be the sole responsibility of the developer. Fo Go C.R. 95 t is presently a four-lane facility. All costs of providing either northbound or southbound turn lanes at all access points shall be the developer's sole responsibility. This requirement shall extend to any modifications of existing facilities that may become necessitated by the developer's project. AGE. N~A ITI~'~4 - The applicant shall contribute a fair share toward the cost of traffic. project entrance, or at any other intersection significantly impi the cte~ub~ 2 t~ VII-4 Ko Lo Mo applicant's project, within the Radius of Development Influence of the project on both Rattlesnake Hammock Road and C.R. 951, if and when deemed warranted by the County. Such traffic signals shall be owned, operated and maintained by the County. Compensating right-of-way for mm lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication sha~l be considered site related, and there shall be no road impact fee credit to the applicant. The applicant shall provide a strip of land at least 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional fight-of- way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. The applicant shall be responsible for the installation of arterial level lighting at all project entrances prior to issuance of the first "permanent" Certificate of Occupancy. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed, located and operated so not to permit such vehicular backup. A minimum throat length for vehicle stacking shall be 75 feet. Where expected Peak Hour traffic volumes are equal to or greater than 30 vehicles, the minimum throat length shall be 100 feet. Portions of the subject property located along CR 951 that are subject to the provisions of Resolution 2002-311 must be developed in compliance with Resolution 2002-311, which may require right-of-way along CR 951 to be reserved from the subject property to allow for widening of that roa or other "alternative commitments" as defined in Resolution 2002- 11. JUN 2 ~, 2003 reserved right-of-way or alternative commitments will be compensated under the provisions of Resolution 2002-311. 7.6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, g. ading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services. Bo An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. The development project area shall be designed to consider regional Stormwater flows and include the passage of offsite flows from the north to the south through the western portion of the property in a manner consistent with project development plans. Do The Developer shall grant the necessary drainage easements outside the Naples Lakes Surface Water Management System, and within western portions of the project to Collier County to provide adequate regional Stormwater management flowways and facilities. The easement shall be granted after the Naples Lakes Country Club has received permits from the State and Federal agencies, and within 90 days of receipt of the drainage easement documents from Collier County. The easement rights shall be subject to, and consistent with the Developer's development plans, including Developer's wetland mitigation plans. The Developer shall be responsible for providing, in a manner consistent Developer's project development plans, adequate facilities and/or flowways necessary to pass through the project boundaries, the storm water which currently flows towards the Naples Lakes property. Design of the improvements shall be closely coordinated with the County Stormwater Management Department to endeavor to maintain uniformity with the County's Lely Area Stormwater Improvement project, currently under design. VII-5 1) The offsite flow rate will be calculated by the Developer's engineer, and accepted by the South Florida Water Management District (SFWMD), based on existing permitted projects upstream. If Collier County disagrees with the offsite flow estimate, the County shall provide supporting documentation to the Developer's engineer and the SFWMD. ~C~l?p ~ 2) Such facilities may include, but are not limited to: JUN 2 2003 VII-6 Go Ho a. Regarding of the Naples Lakes western easement area to reestablish historic sheetflow along such portion of the property. b. Excavation of small ponds in the flowway for additional storage area. Construction of a control structure to detain a portion of the offsite flows. Design of such a control structure shall be by the Developer's engineers. The control structure will be maintained by Collier County, and the Developer shall not have liability for impacts to properties upstream due to the County's control of the structure's control elevation. Collier County agrees to maintain the control structure in a manner as described in these Stormwater conditions. 3) Collier County acknowledges that the Developer's commitment to construct facilities to control offsite runoff may be precluded by the inability to timely obtain the issuance of necessary permits. The Developer's failure to timely obtain such permits that include the offsite Stormwater runoff facilities will not be considered a breach of these stipulations. In such an event, the Developer agrees to provide the necessary drainage easements (subject to, and consistent with Developer's use of the easement areas a described above), at a later date, if Collier County obtains construction permits for the facilities as part of the regional drainage basin improvements. In the event a water level control structure in the flowway and/or improvements to the capacity of the Stormwater conveyance system along Rattlesnake Hammock Road to regulate or improve offsite Stormwater flows is required by SFWMD as part of the Naples Lakes project permitting, the County shall reimburse the Developer for the cost of such control structure and/or improvements to the Stormwater conveyance system along Rattlesnake Hammock Road (less the Developer's proportionate share of such cost) as soon as reasonably possible, and not later than the time an area wide funding mechanism is established for Stormwater improvements. Also, at the time of such reimbursement, the County shall reimburse the Developer for the cost of excavating a flowway (excluding the cost related solely to aesthetics) along the western portion of the property. The Developer's proportionate share is calculated based upon the Naples Lakes development discharge divided by the total regional discharge. If any of the regional Stormwater improvements cause additional wetland impacts which must be mitigated in the Naples Lakes permit, the County will pay the Developer for the cost of such mitigation. A South Florida Water Management District Surface Water Management Permit will be required for this project prior to the start of any construction. JUN 2 ~ ~13 7.7 7.8 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, 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 and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. E. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries consistent with the main size and the requirements specified in the project's Utility Master Plan, and extended throughout the project. During the design of these facilities, dead-end mains shall be minimized by looping the internal pipeline network, where feasible. The County recognizes there are environmental constraints that may prevent looping. F. The project's developer, his assigns, or successors may negotiate an agreement with the Collier County Water-Sewer District for the use of treated effluent within the project for irrigation purposes for the golf course and/or common area. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project, and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the Florida Department of Environmental Protection ("FDEP") consistent with the volume of treated wastewater to be utilized. vii-7 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: nC.,C~lO~, ttltu Environmental permitting shall be in accordance with the Stat Environmental Resource Permit Rules, and be subject to review am Ao apI~r~al2~ 2003 7.9 7.10 VII-8 Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. Do The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. ACCESSRY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval, with the following exceptions: Ao Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, and two project identification signs may be located on Rattlesnake Hammock Road (C.R. 864) and County Road 951, all subject to the following requirements: l) Such signs shall contain only the name of the development, th motto of the development, and shall not contain promotional or s les rl~lg, l;~. JUN 2/~ 2003 7.11 VII-9 2) Project identification signs shall not exceed sixty (60) square feet, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wail or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. 3) No project identification signs shall exceed the height of 10 feet above the finished ground level of the sign site. 4) Project identification signs may be lighted, provided ail lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. Project Promotion Signs - Two ground or wall signs may be located on the project's frontage on Rattlesnake Hammock Road (C.R. 864), and two ground or wall signs may be located on the project's frontage on C.R. 951 for the purpose of promoting the development or any major use within the development, subject to the following requirements: 1) Any promotionai signs shail not exceed 100 square feet, excluding mounting surfaces or structures. 2) No promotional sign shall exceed a height of 10 feet above the average finished ground level of the site. Co 3) Promotionai signs may be lighted, provided ail lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. Commercial/office signage shall be permitted in addition the aforementioned signage, and shall conform with the provisions of Division 2.5 of the Land Development Code, and where applicable, to the signage provisions of Division 2.8 of the Land Development Code. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffer, berms, fences and wails are generally permitted as a principal use throughout the Naples Lakes Country Club PUD, except in Preserve Areas. The following standards shall apply: Section 2.4. of the LDC establishes criteria for landscape berms. The following deviations from Section 2.4 of the LDC landscape berm standards shall be permitted (refer to Table m): Maximum side slopes: 1) Grassedberms 3:1 2) Ground covered berms 2:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical 2003 7.12 7.13 7.14 Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4: (i.e. 3:1, 2:1, 1:1, or vertical). Co Section 2.4 of the LDC requires that where sidewalks, pathways, etc. are located within required landscape buffers, the landscape buffer shall be widened to compensate for the encroachment. A deviation from this requirement is approved to permit pedestrian sidewalks, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas, without compensating landscape buffer width (refer to Table IH). LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and ail successors in interest that acquire ownership of such common areas including homeowners' associations. DISCLOSURE The Naples Lakes Country Club Master Homeowner's Association Documents shall disclose the existence of a private airstrip to the west of the project, and that residents of the development should anticipate to periodically see and hear private air traffic. VII-10 2003 TABLE III DEVIATION LIST (per LDC Section 2.7.3.1.2.2.2) 1) Deviation from LDC Section 2.4.4.18. for side slopes: that requires Grassed berm 4:1 that requires Ground cover 3:1 that does not provide for Rip Rap that does not provide for vertical structural walled berms to allow: 3:1 to allow: 2:1 to allow: 1:1 Rip Rap to allow: vertical structural walled berms 2) Deviation from LDC Section 2.4.7.3.4. to eliminate the requirement for a commensurate increase in buffer width to offset impervious uses such as sidewalks within a buffer throughout the project. The deviations requested are consistent with the GMP and otherwise further the intent of the PUD district and are approved because this project design was included as part of the original PUD document, and the project, to a great extent, has already been developed prior to imposition of the above-stated, more stringent requirements.. Changing the PUD document now to require compliance with these standards would render a portion of the developed PUD non-conforming. The approved deviations will not have a detrimental effect on the health, safety and welfare of the community (LDC § 2.7.3.1.3). VII-11 2003 NAPLES LAKES COUNTRY CLUB 1