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Agenda 02/24/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 24, '1998 9:00 a.m. NOTICE: ALL PERSONS WISItiNG TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH TIIE COUNTY ADMINISTRATOR PRIOR TO TI~ PRESENTATION OF TIlE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO TIIE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF THE MEETING AND WILL BE HEARD UNDER *'PUBLIC PETITIONS". ANY PERSON WIlO DECIDES TO APPEAL A DECISION OF Tills BOARD WILL NEED A RECORD OF 'I'BE PROCEEDINGS PERTAIN~G THERETO, AND T]~REFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHIC11 RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LI]~frED TO FIVE (5') MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE IIEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCIt RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Pastor David Mallory, First A~embly of God Church 2. 3. 4. PI, EDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF ~ A. January 27, 1998 - Regular meeting. B. February 3, 1998 - Regular meefln~ PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS IL SERVICE AWARDS George Cawicy - Parks & Recrcation Dept. - ~5 ye4rs Barbara Lee - Road & Bridge Dept. - $ year~ Jmes Riley * Road & Bridge - $ years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT 1) ANALYSIS OF CRANGES TO RESERVES FOR CONTINGEN~ 7. PUBLIC PETITIONS 8. COUNTY ADMI2~ISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMI2~rlSTRATOR F. AIRPORT AUTHORITY 1) 1997 Federal Aviation Admlni~tration Ianov~tlve Environment~l Award Presentntion. 2) Adopt ~ Re~olution ~pproving the Busine~ PI~ for the Collier County Airport Authority. 9. COUNTY A~'I'ORNEY'S REPORT 10. BOARD OF COUNTY COMMISSlO,~rZR.~ A.. Appolntment of member to the Envir~nment~l Policy Teclmic41 Advisory Bo~u'd. B. Appointment ~ member~ to the Tourist Deveiopmeat Council. C. Letter~ to the State Senator ~md llou~e ot R~pr~entotlve~ re~rdlng inclusio~ of $2.4 million recurring budget line for the Regionli Plnaning Councils (Comml~:~er Norris). 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 2 Fcbnmy 24, ~99s 12. ADVERTISED PUBLIC HEARINGS - BCC COMPREHENSIVE PLAN AMENDMENT~ 1) Petition CP-97-3, George L. Varnadoe of Young, vanA.t~nderp and Varnadoe, P.A., requesting a Growlh Management Plan Text Amendment of the Future Land Use Element to provide for the reallocation of residential dwelling units from portions of the Fiddler's Creek PUD/DRI located in the Urban Coastal Fringe and Urban Residential Fringe designated areas to speclfled lands located in the AgriculturalfRur~ Designated acea of the ~uture Land Use Map. B. ZONING AMENDMENTS I) Petition PUD.84-7(6) George L. Varnadoe of Young, vanA.t~nderp & Varnadoc, P.A., representing C Y A.zsectates ,Joint Venture, a Florida General Partnership, for the purpose of amending the Marco Shores/Fiddler's Creek PUD and rezonlng certain property from "A'* Rural Agricultural to Planned Unit Development, having the effect of adding 1,385 acm to the Fiddler's Creek portion of the Marco Shores PUD. (Companion to Agenda Item 12C.(7 ) 2) Petition PUD-97-16, MeAnly Engineering And Design, Inc., representing Toll Brothers, Inc., requesting a rezone from "PUD" (Casa Del Sol Golf & Country Club) and "A" to "PUD" Planned Unit Development to be known as Naples Forest Country Club for property located at the northwest quadrant of C.R. 951 and Rattlesnake-Hammock Road (C.R. 864). C. OTHER 1) Petition AV 97-020 to vacate 6' wide Drainage and Public Utility Easements within Lots I through 4, Block 207 and within Lots 4 through 6, Block 206, according to the Plat of Golden Gate Unit 6, as Recorded in Plat Book S, Pages 124 through 134, Public Records of Collier County, Florida, and to accept a 6' wide Drainage and Public Utility Easement ts a Replacement Easement through the previously vacated cul-de-sac at the intersection of 28" Avenue SW and $3'~ Terrace SW. 2) 3) Petition AV 97-021 to vacate portions of Special Preserve Easement& to vacate portions of Drainage Easements and to accept Replacement Easements for the vacated portions of the Drainage Easements in the Quail Wext Subdivision. Thls item has been deleted. 4) Petition AV 98-002 to x acate a portion of a 12' wide Lxke Maintenance Easement in Lot $ and to vacate a portion of a 1S' wide Drainage Easement in Lot 24, according to the Plat of "Tierra Lago", as Recorded in Plat Book 24, Pages 20 and 21, Public Records of Collier County, Florida. Recommendation to adopt an Ordinance mending Ordinance 97-82 which created the Bayshore Avalon Beantiflcation Municipal Service Taxing Unit; mending Section Six to clarify that members of the advisory committee are permanent residents or commercial property o~vners within the district; providing for conflict and severability; providing for Inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. February 24, 1998 14. 15. 13. Petition SNR-9?-1 I, Wiiffam L. Hoover of Hoover Planning Shoppe representing Frank Cooper of Northbrooke Development, Limited, requesting · street name change for the northern portion of Northbrooke Drive and Oakes B4~iev·rd Extension in its entirety to Cypre~ Woods Boulevard. (Continued from the meetint of 1/27,98) (WITHDRAWN) Petition DOA-97-3, George L. Varnsdoe of Young, vanA.tfenderp & Varnadoe, P.A., repruenting D Y Associates Joint Venture, a Florida General Partnership, for an amendment to the Marco Shores/Fiddler's Creek Development Order 84-3, as amended, for the purpose of adding 1,385 acres to the Fiddler's Creek portion of said Development Order and companlo~ Planned Unit Development Zoning Regulations, and to adopt a new Master Plan. (Comp·nlon to Agenda Item 12B.(1) s) Recommendation to adopt a Re~olution setting forth the intent of the Board of Coonty Commissioners to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees within the unincorporated · rea and the incorporated areas of Collier County. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) Petition V-97-16, I~ren K. Bishop of Project Management Ser~ces, Inc., representing Jeffrey Piipponen requesting a 2 foot variance to the required height for fences and walls from 6 feet to S feet for the Longshore Lakes PUD located on the north side of lmmokalee Road approzlmately I mile east of Interstate 75. 2) Petition V-97-15, Kenneth D. Goodman representing Lana S. Chadwick requesting a 0.$ foot after-the-fact variance from the required 30 foot slde yard setback for the principal structure along the sooth property line; a 4 foot after- the-fact variance from the required 30 foot side yard setback for an accessory structure along the south property line; a I;3.3 foot after-the-fact variance from the required 30 foot setback for a tennis court along the north property line; and · 2 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court for property located at 118 Cajeput Drive. ;3) Petition V-97-17, Daniel and Margaret Kelly requesting an after-the-fact variance of 22.9 feet from the required 30 foot side yard setback for property located 6831 Sandalwood Lane. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' 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 4 February 24, 1998 desired by a member of the Board, that item(s) will be removed from the Consent A~enda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICKS 1) Approval of an added contractor to the list of pre-qualified contractors permitted to work on projects funded through the County R~sidentla/ Rehabilitation Program. 2) Approval of the final plat of "The Club Estates". 3) Approval for recording the fins] plat of Waterways of Naples, Unit Two. 4) Approval for the Chairman to sign the application for the Florida Department of Environmental Protection Artificial Reef Grant for tbe artificial reef program of Collier County. Approval for the Chairman of the Board of County Commissioners to execute a Quit-Claim Deed and an "as is" Bill of Sale. PUBLIC WORKS 1) Approve an Alternate Road Impact Fee for the Cypress Woods Golf and Country Club based on a site-specific computation. Recommendation to authorize the Board of County Commissioners' Cl~alrman to execute a Resolution adopting the Golden Gate Community Roadway Beautification Matter Plan and accept maintenance responsibility for the landscaping within the median of Golden Gate Parkway from Santa Barbara Boulevard East to County Road 951. Obtain Board approval to reimburse funds to Forest Lakes property owners for ficus shrubs that were received but not planted. 4) Adopt a Resolution authorizing Collier County to enter into and approve a Joint Participation Agreement between the County and the Florida Department of Transportation for street lighting as part of the Immokalee Streetscape Beautification Project (Project #68063~ PUBLIC SERVICES 1) Approval of a limited use license agreement wtth the Golden Gate Area Chamber of Commerce, Incorporated, in order to hold ~ctlvitles for the Go~den Gate FestivaL SUPPORT SERVICKS 1) This Item has been deleted. 2) Award RFP ~97-2769 for a Full Service Auctbneer Agreement. February 24, 19~ 2) Authorizatloa to executive Sat|al'action of Lien documents filed agtlnst teal proper~ for abatement of nuisance and direct the Oerk of Courts fo record same in the Public l~cords of Collier Co~n~, Flor'Ids. 4) Declare certain County-owned property as surplus and authortze a sale of the surplus property. Award Bid 98-2756 for Janitorial mpplJes. COUNTY ADMINISTRATOR 1) Budget Amendment Report F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE OTHER CONSTITUTIONAL OFFICERS L COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Easement Acqulsltion on Parcel No. 318 In the Lawmlt Entitled Colder CounO~ r. George I/bn~, ~t al., Case No. 91-2776-CA-01-DRM. (Pine Ridge/.ndu~trlal Park MSTU). J. AIRPORT AUTHORITY 1) Recommendation to recognize and transfer $1~0,000 from Airport Authority Fund 496 Carry Forward to the lmmokalee Manufacturing Incubator Center Project. 17. ADJOURN [NOUIRIES CONCERNING CHANGES TO THE BOARD'S AOENDA ~HQI, ILD BE MADE TO THE. COUNTY' ADMINISTRATOR'S Ot"i,'~CE AT 6 Fcbrua~ 24. 1998 ADD: ITEM 8(B)(I) - AWARD A CONTRACT FOR BID NO. 97-2771, REMOVAL OF NON-S~'ECIFICATION MATERIAl, FROM THE NAPI`ES BEACH TO C.B.E. '~UCKi~G COMPANY, INC. IN THE AMOUNT OF S99,982 AND REPORT ON OTHER BEACH RENOURISRMI~NT I~RO~i~CT MATTERS. (STAFF'S REQUEST). . AGENOA TRANSMfl'rAL ~UP Date Submitted February 9, 1998 I-I (4) Approval of Minutes [] (7) Public Petitions I'1 (8C) Public Services [] (9) Attorney [] (12) Public He~i,gs I-I (15) Communications Requested by:~ Hany Hub, r, Project Manager ' ' ~" Agenda It Requcs~bcl !,gfnda Date: February~ 1998 " C~ (5) Proclamations [] (8A) Co.u,u~iry Dev. & Env. Svcs. { [] (SD) Support Services [] (I 0) BCC C] (13A) BZA Public Hearings [] {'16) Consent Agenda Division H~ Date: ~ ~ -' ~ Ed ilschner, Public Works Administrator [] (6).Clerk I~B) Public Works [] (8E) County M~ger I~1 (I 1) O~her Cor~titutional Officers [] (14) BCC Con-~ti~ications Adolfo A. Gonzalez~ P.~., D~ctor Date: Manager:.. Date: Robert Fernandez, County Administrator List of Documents Attached: I. Executive Surmnasy (required) 3. Recommendation of'Contract Award 5. Item Title: Award a Contract for Bid No. 97-2771, Removal of Non-specification Material fi.om the Naples Beach to C.B.E. Trucking Company, Inc. in the amount of S99,982.00 and report on o~her beach renourishment i~oject matters. 2. Bid Tabulation 4. EXECUTIVE SUMMARY. AWARD A CONTRACT FOR BID NO. 97-2771, REMOVAL OF NON- SPECIFICATION MATERIAL FROM THE NAPLES BEACH TO C.B.E. TRUCKING COMPANY, INC. IN THE AMOUNT OF $99,982.00 AND REPORT ON OTHER BEACH RENOURISHMENT PROJECT MATTERS OBJECTIVE: To award a contract for performing work associated with the removal of non-specification material from designated portions of the Naples beach and to report to the Board on other matters r¢la~ed to the 1995 Beach Rcnourishment Project. CONSIDERATION.;. On December 16, 1997, the Board of County Commissioners approved a proposed plan to cleanup and remove non-specification materials from portions of the Naples Beach [Agenda Item 8(B)(2)]. Such approval was accompanied by the following stipulations: I. Staff shall provide assurance that this is an adequate plan to completely address the problem. 2. Legal staff shall take a more detailed look at the 1995 Beach Renourishment Project Contract to determine if, in fact, all legal remedies have been exhausted. 3. The County Administrator shall address any staff responsibilities related to this matter. A response to same available to date is as follows: Subsequent to the approval on December 16, 1997, the occurrence of several storms has provided the opportunity to survey and locate rock outcrops at the highest degree of visual exposure. Such observation along with a thorough review of the dredge records to ascertain locations where non-specification material was placed has enabled the staff and design professional to modify the plan whereby the highest degree of assurance possible is provided to completely address the problem. These modifications were incorporated into the bid documents resulting in an increase to the estimated quantities of material to be removed and the areas to be cleaned up, therefore increasing the cost of the project as reflected in the amount of the bid. Further modifications will be implemented during construction if found to be necessary to provide complete cleanup. The County Attorney's office has reviewed the contract documents and construction records to determine whether any legal remedies from the 1995 contract are still available. Based upon their opinion in this regard, staff has -~ed the co_..q.~xa~or on the 1995 Beach Renourishment Project of Collier County'sintent to seek reimbursement of costs incurred in the removal of non-specification material. FEB ~. J Executive Summary Award a Contract Bid No. 97-2771 Page 2 The County Administrator has initiated his review of actions by the staff to determine if they were appropriate and informed decisions. In addition, a thorough review of contractual procedures is being implemented to enhance the ability to anticipate contract issues and establish a method to address such issues in a legal and cost effective manner. Under direction from the County Administrator, the Public Works Administrator has investigated this issue. It is his opinion that staff made an error in judgment by not requiring the contractor for the 1995 beach renourishment project to return to remove the non-specification material from Naples Beach. In hindsight, staff should have: 1) directed the contractor to continue with sand placement to add as much high quality fill as possible to the Naples Beach prior to the start of the 1996 sea turtle nesting season; 2) require the contractor to return to Naples Beach after the end of the 1996 nesting season to remove all non-specification material and replace it with high quality sand; and, 3) then initiate a regular and ongoing maintenance operation to remove debris and an occasional undesirable rock. Based on this investigation, the Public Works Administrator has directed staff to work with the County Attorney's Office to require the contractor, T.L. James, to return to the beaches and remove the undesirable rock material under the warranty provisions of their contract. Notification for a cure by the contractor has been received by the contractor and staff is in the process of scheduling a meeting with the contractor. The contractor will be given an opportunity to cure or allow the County to use (C.B.E. Trucking, Inc.) to cure the problem and reimburse the County. Sealed bids for Bid No. 97-2771 were opened on January 28, 1998. Advertisement for bids was posted on December 30, 1997. Invitations to bid were sent to twenty- seven (27) vendors. A summary of the bids received is as follows. {?ONTRACTOR C.B.E. Trucking Company, Inc. Jack Queen Construction, Inc. Arbor Tree & Landscape Co., Inc. Masters Group, Inc. .TOTAL BASE BID $ 99,982.00 135,630.00 145,715.50 178,057.50 The staff reviewed the total costs and has found them to be correct as tabulated above. The design professional's est/ma.ed cost of construction was $115,038.00. A thorough review of the proposals was conducted by the staff and design professional. As a result, based upon verified qualifications and experience, it is recommended that Bid No. 97-2771 be awarded to C.B.E. Trucking Company, Inc. 3994 Mercantile Avenue, Naples, Florida 34104 in the amount of $99,982.00, being the lowes~ FEB {998 Executive Summary Award a Contract Bid No. 97-2771 Page 3 qualified and responsive bidder. Other matters related to the award of this contract are presented as follows for consideration and approval: 1. Hours of Operation and Noise Level Due to the nature of this construction and critical time constraints for completion of this project, it may be necessary for equipment to operate outside the normal daylight hours, 6 days each week from Monday through Saturday. Due to the uncertainty of complying with the noise level requirements during the hours of 6:00 p.m. to 7:00 a.m. as set forth in Subsection 54-92 (2) of the Code of Laws and Ordinances of Collier County, Florida, a time of day waiver is requested in conformity with Section 54-89 of the Code. In an effort to minimize the impacts in this regard, the contract specifications require that all equipment used on this work shall be equipped with satisfactory mufflers or other noise abatement devices. Such approval has also been requested from the City of Naples· 2. Surety Bonds The apparent low bidder for the subject bid proposes certain conditions be considered in lieu of providing Payment and Performance Bonds as required by the Contract Documents. In this regard, pursuant to Section 255.05, Florida Statutes, all contractors performing work for the County must provide a payment and performance bond. This requirement, however, can be waived by the Board of County Commissioners for projects under $200,000.00. The staff has reviewed these conditions and recommends that such be approved because it provides a more substantial incentive to complete the project successfully and within the time allowed. C.B.E. Trucking, Inc. has proposed that an application for payment will not be submitted nor any payment be received until all work is satisfactorily completed and accepted by the Owner. In addition, Collier County will hold the cashiers check provided as bid security until all work is satisfactorily completed and accepted. Therefore, it is requested that the requirement to furnish performance and payment bonds be waived by_the Board of County Commissioners in the award of this Contract and that the Construction Agreement be amended to include the specific conditions proposed by the recommended awardee. FISCAL IMPACT: Cost: Fund: Cost Center: Project Number: $99,982.00; to be obligated in the budget for FY 97/98. (195) Tourist Development - 60% (110406) Collier County Beach Renourishment (80225) Collier County Beach Restoration Funds in the amount of $170,000.00 have been appropriated for this purpose in the current budget. Executive Summary Award a Contract Bid No. 97-2771 Page 4 (~ROWTH MANAGEMENT IMPA(~T: None ]~ECOMMENDATIQN: That the Board of County Commissioners: Award a contract for Bid No. 97-2771, Removal of Non-Specification Material from the Naples Beach to C.B.E. Trucking Company, Inc. in the amount of $99,952.00. 2. Grant a time of day waiver according to Section 54-$9 of the County Code. Waive the requirement for providing performance and payment bonds and approve an Amendment to the Construction Agreement to include specific conditions of award in lieu of same as recommended by staff. 4. Authorize the Chairman to execute the con;ract. PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Haro d E. Huber, Project Manager III Office of Capital Projects Management Stephen Y. Carnell,- D~ector Purchasing Department Adolfo A~Gonzalez/~.E,~irector Office of Capital Pl~ojects Management Ed Ilschner Public Works Administrator DATE: ,;~' ff' "~C~ DATE: .,~-//' J~J~ DATE: DATE: attachment CC; Beach Renourishment/Maintenance Committee Coastal Engineering Consultants, Inc. C.B.E. Trucking Company, Inc. EXE.$UM.HEH.Ih.01 'COASTAL ENGINEERING CONSULTANTS INC February 2, 1998 Mr. Harry E. Huber Project Manager III Office of Capital Projects Management ColIier County Government 3301 E. Tamiami Trail Naples, FL 34112 Re.- Removal of Non-Specification Material from Naples Beach Recommendation of Contract Award CEC File No. 97.001 (9050) Dear Harry: Per your request, CEC has reviewed the low bid submitted by C.B.E. Trucking Co., lnc.-A Cadenhead Company (CBE), for the above referenced project. Based upon our review of their laid submittal, it is our opinion that their plant and equipment, as listed, should have sufficient capacity to construct this project within the construction time window. Robert Cadenhead, President of CBE, successfully completed a similar project, the 1996 Vanderbilt Beach Non-Specification Removal Project, for T.L. James, Inc. during the Collier County Beach Restoration Project. Also, he has successfully accomplished beach maintenance projects for Collier County and the City of Naples. Therefore, our recommendation of contract ag~rd is to CBE. If you require additional information, please call me. Sincerely, COASTAL ENGINEERING Micha~l T. Poff, P.E. Manager, Coastal Division CONSULTANTS, INC. (data~ 7OO I /7 OO l awd. doc) 3106 S. HORSESHOE DRIVE · NAPLES..FLORIDA 34104 · (941)643-2324 * FAX (941 FEB 1998 EXECUTIVE SUMMARY 1997 FEDERAL AVIATION ADMINISTRATION ENVIRONMENTAL AWARD PRESENTATION. INNOVATIVE OBJECTIVE: The Federal Aviation Administration would like to present its 1997 Innovative Environmental Award to the Board of County Commissioners and Airport Authority for their environmentally responsive stewardship throughout the work associated with upgrading the three County Airports. CONSIDERATION: The American Indian learned that to survive in the environment known as PA- HAY-OKEE, or grassy river, the people had to use innovative ways to satisfy their need for food and shelter. Their innovation was challenged daily to ensure that any change they made to their environment did not diminish the source of everything needed for their survival. Centuries later, this challenge is still faced by communities pressured to develop projects within the grassy river. Today, that river of grass is better 'kno,~aa as the Everglades. The axvard represents the contributions made to one of the most environmentally sensitive areas in the United States by the people of Collier County, through the innovative development of their three airports. The County and Authority were presented with extraordinary environmental challenges at the three County Airports (Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport). The airports had many protected environmental animal and plant life including the American Bald Eagle, American Crocodile, Florida Scrub Jay, Mangrove Forests, Wetlands, Gopher Tortoises,... While these environmental conditions existed the County and Authority undertook a comprehensive program to bring the neglected airports up to current safety standards and to create economic engines for Collier County. Three new terminal buildings, taxiways, hangars, fuel farms, and aircraft aprons were constructed, an Industrial Park completed and aircraft approaches cleared among many other safety and economic related projects. Prior to undertaking the projects an Environmental Master Plan was completed for each airport addressing all environmental issues. As each project was being constructed the Environmental master Plan was implemented. GROWTH MANAGEMENT: None FISCAL IMPACT.'. None RECOMMENDATION: accept the award presented by the Federal Avi~ion Administration. /ff~hn H: Drury, Exeett~Director ~ Collier County Airport Authority APPROVED BY: ~-~'~ ~ /a~.~ Monte La,arus, Ch~rr~ Collier County Ai~Authofity That the Board of County Commissioners and Airport Authority DATE: AGENDA I, TEPt FEB 2 1998 Pg. ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE BUSINESS PLAN FOR THE COLLIER COUNTY AIRPORT AUTHORITY. OBJECTIVE: To adopt a resolution approving the Business Plan for the Collier County Airport Authority. CONSIDERATION; The Collier County Airport Authority has developed a ten (10) year Business Plan tiffed "Airports Are For People Who Don't Fly." A condensed version of the Business Plan titled "Executive Summary" has also been developed. The Plan identifies the social and economic benefits the airports provide to Collier County, an annual budget for the next ten years, a capital program and financial projections reflecting break-even in ten years. It is based on the Airport Master Plan forecasts. GROWTH MANAGEMENT: The Business Plan is based on the three Airport Master Plans which have all been incorporated into the Growth Management Plan's Aviation Element. FISCAL IMPACT: The County would review annual budget requests consistent with the County's budgeting process and make funding request determinations on an annual basis. The Business Plan will be used as a guide for the annual budget request. The Business Plan identifies that the operational break-even need from the County after revenues was $322,450 for this fiscal year 1998. This is reduced to 289,430 in next fiscal year 1999 and continues to reduce until the fiscal year 2007 when it is $1,316.00 and fiscal year 2008 when it is $0. The Business Plan further reflects that the capital break- even need from the County after grant revenues for this fiscal year 1998 was $797,000. This is reduced to $611,565 in next fiscal year 1999 and continues to reduce until the year 200g when it reaches $0. After the year 2008 fifty percent of all profits realized are to be paid to the County until all County funds plus interest are paid back. RECOMMENDATION; That the Board of County Commissioners adopt a resolution approving the Business Plan with an understanding that annual funding request will be evaluated each year consistent with the budget approval process and that funding approvals by the County may or may not be consistent with the Business Pl~.a~. l~t:e:,~uzines$ Plan can be revie',ted at: r. he Collier County PREPARED BY: ~,.~//~'~'/ /'~.,,C~-"I.~ DATE:.~_ '_ /_ ?__~_~_~/~ /~ohn H. Drury, Executive Director..._~ / co onteClaiyan Collier County Aitl:~j:t Authority AO£NDA .]:TEN -- FEB 2 Ji 1998 1 2 3 4 $ 6 7 8 9 10 II 12 13 RESOLUTION 98- A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE COLLIER COUNTY AIRPORT AUTHORITY TEN YEAR BUSINESS PLAN AND CONDENSED VERSION THEREOF. WHEREAS, Ihe Board of County Commissioners ("Board") previously requesied that ~he 14 Collier County Airport Authority develop and prt'~nt a Business Plan to the Board; and 15 WHEREAS, the Collier County Airport Authority has developed and presented to the 16 Board Ihe requested ten year Business Plan with a recommendation for approval. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 19 I. The ten year Business Plan for the Collier County Airport Authority, which is 20 subtitled "Airports Are For People IA'ho Don't Fly," is hereby approved. The condensed version 21 of the Business Plan, titled "Execulive Summary," is also hereby approved. 22 This Resolution adopted this day of . 199g ailer 23 motion, second and majority vote favoring same. 24 25 26 27 29 30 31 32 33 34 35 36 37 40 41 42 43 ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form snd 'lcgal sufficiency: Chief Assistant County Attorney By: Barbara B. Ben3', Chairman AGEL~),~ ITEM z_ FEB ? 1998 OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on September 30, 2001, on EPTAB. CONSIDERATIONS: This I 1 member committee advises and assists the county in the development and implementation of the County Environmental Resources Management Program. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine processes, HaTardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Terms are 4 years. A list of the current membership is included in the backup. On November 18, 1997, the Board declared the seat held by Byron Meade vacant. A press release was issued and resumes were received fi'om the following interested citizen: APPLICANT DISTRICT ELECTOR Ty Agoston 5 yes COMMITTEE RECOMMENDATION: Re-Advertise FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOM2VIENDATION: That the Board of County Commissioners consider the recommendation by the committee. If an appoin~nent is made, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 24, 1998 AGENDA.ITEM No. //r/'/:y FEB 2 1998 NATURAL RESOURCES DEPARTMENT MEMORANDUM - .. ,oo TO: FROM: DATE: RE: Sue F'dson, Administrative Assistant to the BCC William D. Lore~r.,'P.E., Director February 10, 1998 EPTAB Membership Recommendation On February 9, 1998, EPTAB considered the resume ofTy Agoston and voted unanimously (8:0) to readvertise the vacancy and consider Mr. Agoston's application with any future applicants aRer this advertisement period. Il'the BCC appoints Mr. Agoston to EPTAB, then his "area of expertise" as provided for in EPTAB's attached membership criteria would be "other representative area" deemed appropriate by the BCC. Attachment cc: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services EPTAB File AG E NDA~.~T.~TEJ~ FEB 2 q I998 ~TICLE H.~-~JI~O~-b. ~ENTAL POLICY TECHNICAL ADVISORY BOARD' Sec. ~4-28. Membership. (a) The environmental policy technical advi- sory board shall be composed of 11 members who shall be appointed by and serYe at the pleasure of the board. Appointanent to the advi!ory board shall be by resolution of the board and shall set forth the date of appointment and the term of office. (b) Vacancies on the advisory board shall be , publicized in a publication o£ general circulation within the county, and vacar.~ notices shall be po-~ced in the county libraries and county court- house. Along. with the applicant res;~onses the board's staff shall provide the board with a llst outlL-tir, il the qualifications and demographic b~ck- ground of each candidate, includinfl the.present members seeking reappointment- (c) Members shall be perma~en~ residents and electors of the county and should be reputable and active in community service. (d) The primary consideration in appointingthe advisory board members shall be to provide the board with technical expertise necessary to effec- tively accomplish the advisory board's purpose. Members shall demonstrate evidence of ~. ir~ one. or mora' o£ theL£ollnwinii, areas re!-L-~l to., . envi:onmental .protectior~' and' nattlral.resom'ce~ ~ management; air quality, biology (including any o£ the subdisciplines such as a botany, ecology, zoology, etc.), coastal processes, estuarine pro- cesses, hazardous w~ste, hydrogeology, hydrology, hydraulics, land use law, land use pl_~nlng, pol- lution control, solid waste, stormwater manage- men~, water resources, wildlife ms.nagement, or -th~b~d such as, but no~ limited to, a represen- tative of the development community. (e) The initial terms of offce of the members of the advisory board shall be as follows: (1) Three members will serve until September 30, 1992; (2)' Three member~ will serve until September 30, 1993; (3) Three members will serve until September 30, 1994; (4) Two members w~ serve until September 30, 1995. After the initial term o[ appointment, each ap- pointment or rea. ppcintment sb~ll be for a term of four years. All terms of off]ce shall expire on Sep- tember 30. Terms of office shall be limited to two consecutive terms unless ~Waived by the board by a unanimous vote. A member maybe reappointed by the board for only one successive term and shall apply with other applicants. Terms shall be stag- gered so that no more than a mlnoH~ of such members' appointments will expire in any one year. (O For the full term of the initial appointments, the three members serving until Septsmber 30, 1994 and the two members serving until Sep- tember 30, 1995 shall have demonstrated exper- tise in biology (including any of the subdisciplines such a~ botany, ecology, zoology, etc.) and/or wild- life management. After the expiration of thcs initial terms of appointment, the vacancies be i'tiled by members demonstratin'g e.~erti~e in any of the abovementioned areas related to envi- ronmental protection and natural resources man- agement. (g) Any member of the advisory board may be removed from office by a majority vote of the board. (h) Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory ~cuse or if they are absent from more than one-fourth of the meetings in a given fiscal year. Members shall be deemed ab- sent from a meeting when they are not present during at least 75 percent of the meeting. (Ord. No. 91-26, § S; Ord- No. 91-48, § 1) A~E NDj~...~ TF~i~ NO FEB 2 1998 Environmental Policy Technical Advisory Board Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 403-7239 05/06/97 09/30/97 4 Mo. 5/6/97 09/30/01 4 Years Byron J. Meade 1303 Cobia Court Naples, FL 34102' District: 4 Category: Agri Buzin¢~ Mgmt. William E. J. McKinney 1898 Mission Drive Naples, FL 34109 District: 2 Category: Pollution Control 592-7124 San M. Stevens 232 Pebble Beach Cixele, El0 Naples, FL 34113 Diskfit: 1 Category: Solid W~ous Waste 02/04/97 09/30/00 4 Years 793-7997 05/06/97 09/30/99 2 Years 793-6828 521-7722 10110/95 09/30/99 4 Year~ 343-9736 11/05/96 09/30/00 4 Years Allen Morgan Kratz 175 Seabreeze Avenu~ Naples, FL 34108 District: 2 Category: Pharmacy/Science 262-8800 05106/97 09/30/97 4 Mo. 403-0412 516/97 09/30101 4 Yeas Michael Simoaik 1821 Richards Street Naples, FL 34120 D~' 1 Category: Biology Brenda C. Fogel 1019 Broad Avenue, North Napl~, FL 34102 D/str/~- 4 Category: B~mker Moray D. Robinson 130 Cricket Lake Drive Naples, FL 34,112 793-1427 D/~/ct.- 4 . Cat~ory: Hydmuli~U~o~~ 01/06/97 09/30/00 4 Years AGENDA FEB 2 1998 pg. Environmental Policy Technical Advisory Board Horlt Phone ,4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 09/23/97 09/30/01 4 Years Maureen McCarthy 6075 Pelican Bay Boulevard, Naples, FL 34108 District: 2 Category: Ecology 598-3857 Michael J. Delate 262-4817 3700 27th Avenue, S.W. 455-5319 Naples, FL 341t7 Diroqct: 5 Category: Hydrology/Hydraulics & Stormwatm' Steven H. Bigelow 458-062 1937 Empress Court Naples, FL 34110 District: 2 Category: Solid Waste, Pollution Control, ere Bradley Comell 556 109th Avenue North Naples, FL 34108 District: 2 Category: Solid Waste 592-7805 09105/95 09/30/98 3 Years 05/06/97 09/30/98 1 Year 01110195 09/30/98 4 Years This 11 member committee was created on 03/12/91 by Ord. No. gl-26 (amended on 06/18191 by Ord. No. 91-48) to advise and assist in ~e development of envio3nmental cottservatlon and protection programs, ordinances and policies. Terms am 4 years. Staff.- ~ D. Lorenz, Jr., Environmental ~ D~. 732-2505 L RE'-. MEMORANDI,/~ DATE: TO: FROM: January 12, 1998 Vinell Hills, Elections Office {~/ Sue Filson, Administrative Assistar~/, ~, Board of County Comrmsslon~'s ~ .. ;.: g...':. 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. Plea~ let me know ifthos~ listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. Ty Agoston 360 10th Avenue, N.W. Naples, FL 34120 COMM]SSION DISTRIQT Thank you for your help. AGENDA. J.,TF~ No.. FEB 2 1998 MEMORANDUM DATE: TO: FROM: January 12, 1998 William D. Lorenz, Jr., Environmental S~rvices Director Sue Filson, Adminimfive Assistant-~,/~ % Board of County Commissioners ~ ' Environmental Policy Technical Advisory Board As you know, we currently have I vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ty Agoston 360 10th Avenue, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 189 I:~1 i~C 2'9 ,cj,? 1:3:11 360 10Th AveNW Naples FL 34120 Ms. Sue Filson Adminis~ivo Assistant Board of Collier County Commissioners 3301 Tamttmi Trail East Naples,FL ~4112 Fax: 941-774-3 602 Phone 941-4~-8400 Fax 941-45~-4310 E-Mai]:ia&osto~].com ta oston uno.com Dear Ms. Filson, Attached, ple~.se find my resume n~l work history. I con,der the currcm E~vironmen~l Policy Technical Adv~ry Board to b~ a~enda driven, with a political orienmion that does not represent the cotmty in genertl. The term, "technic,d,' seems desisoed to exclude the panicipaIion ofunbissed citizens, and re~trict membership to people within the environmental-activist groups, i.e., Audubon Soclcty, W'ddlife Federation, and others whhin tl'~s c4tegory. I do not believ~ that this r~ricflon serv~s Collier County's long term imerest. Current L{terature on thes~ orsanlz~orts points to their agenda u bein& contrary to the U.S. Cort~itution, and insteP, to advance · one-world, sochlL~c form ~govemment. We, citizens, are r~miss in allowin8 the t~eover ofour government ftmcgon$ in the tmm~ of the Holy Grail of' "Environm~,ali~m." I have earned a Mast~'s ofBusinesa Admlnist~bn from Rut~ers Univenity, and some additional credits towards & Ph.D., and would like to serve on this board. [ nm also an avid gardener,with hundreds ofplxnzs and tre~, tad a ~ inta'~t in them. IMth aevend grandch'ktren to tcacb me a &'eot finttre continu~,I am concerned environmant, present and Rma'e,~ a political a~enda. I am re~red, with substant~ t~me avn~hble to work toward preserving out Constitu~onal system ofgovmmm~ {'or my grandchildren, .,,d other~ in ftm:r~ g~n~rationt Thank you for your consideration in ~ matter. I ren~ with r~pect, Ty ASoston cc to County Commhdoners: $ohn Norris Tan Hanoock Timothy Constantine Para Mc'Kie AGI FEB 1~ P~al I~C 29 '9'~ 13:1:3 TIBOR AGOSTON 7 Horseneck Rd., Momville, NJ 0704.5 · (201) 22%2843 360 10th Avenue NW.. Naple.s, Florida 33964 · (813) PURCHASI~G/MERCH~IS~G MANAGEbiENT EXPERIENCE I988 - Present 1979- I988 I969 -1979 1965- 1969 I~X)- I964 Gro~ary Merchandiser Develop weekly ~vcnising progrems for groc.~'y dcpa~nent Develop special advertising progrems Present special programs to sc, nior management Buyer-Merchandlt, er l~velop sales programs Maintain ~s-pri~s-sche, dules Address seminars on sales and merchandising Respo~ibk for gr~ profit margins Develop sales fore~:aata a~d progrtms M~e sales and product presentations to manag~rrgnt Grocery Buyer National r~mii chain in Metro NY-NI arcs Rcsportsiblc for 4.5 mil. inventory management Evaluam ncw items pt'~x~Is Detcrrninc edvenising end lxomo~oa effectlvcacss Implement space n'mnagement programs Stiff Representative t~sentated plush toy manufactu~ra to Nor~rn NJ' retail and wholesale EDUCATION 1966- 1973 I973- 1975 1976 Rutgcm The Stat~ Unlvmiry BS I~lF~, Su.~, I97~ Mark.s Major - Rutgen Ornduata $chool of MBA Dep~, December. 1975 MartcdnS ~MaJ~ mM oti~o, lllinoi~ c_ _ompug, r. ComroUed lnv~ Systems Mainixir~lca Systems-De. sign4~veiopme~ PF..ILqON~ Weight: 17~ lbs. Health: Excellent Reald~a~: Homeowner HobbY: Ktwmis Intmtatioaal Tenni~.S wimming.Soccer Soccm' Coaching Board of Dire'mm Momvilla $oee, a'.a, uoeiafim A G E N D/~I T,E:~I No. /(//7 FEB 2 z~ Pg. j~[}:~,~]~: To confu'm the appointment of I municipal official representing Everglades City, expiring on April 21, 2000; to appoint 1 member to fulfill the term ora vacant seat representing a non-ownedoperator category expiring on April 21, 1999; and to appoint 2 members to serve 4 year terms, 1 representing owner/operator and I representing non- owner/operator expiring on April 21, 2002, to the Tourist Development Council. CONSIDERATIONS: This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenm, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owner~ or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following l 1 interested citizens: APPLICANT. DISTRICI~, ELECTOR William A. Hall (owner/operator) 2 yes Sally .l. Kramer Ward Bradeen Stephen Spencer .Iulie Burr Marianne E. Lazarus Sudy A. Keller lames L. Schiering Vivien Ellis Cse~ Vaccaro Liana Maria Buysse (re-appointment) yes yes yes yes yes yes yes yes yes yes Kar Louwsma (Everglades City Councilman) 5 yes COMMI~E RECOMMENDATION: No Recommendations for appointment; however, they voted to maintain representation from Everglades City Council. FISCAL IMPACT: NONE GRO~erl~l MANAGE~ IMPACT: NONE FEB 2 /998 Pg"- I ........... I?,ECOMMENDATION: That the Board cf County Commissioners consider the applicants; confu'm the appointment representin~ Everglades City; appo~t 3 members to serve on the Touri~ Development Council; nnd, direct the County Attorney to prel~ a resolution confirming the ~pointments. Prepnred By: Sue Filson, Admini~ve Assistant Board of County Commissioners Agendn Date: FEBRUARY 24, 1998 FEB 2 Ii 1998 MEMORAND~ TO: Sue Filson, Administrative Assistant t SUBSECT: Tourist Development Council Vacancies DATE: February 4, 1998 At the February 2, 1998 meeting, the Tourist Development Council reviewed the applicants requesting membership on that council. The Council concurred with the following classification of applicants. Tourist related - Non-hotel owner Sally Kramer Ward Bracleen Steve Spencer Sulie Burr Marianne Lazarus Judy Keller James Schiering Vivien Ellis Gene Vaccaro Hotel owner/operator William Hall The Tourist Development Council voted unanimously not to recommend an applicant to the Board of County Commission. With regard to the vacancy for a municipal representative, the Council voted 3 - 2 to maintain Everglades City as the municipal representative but recommended that the BCC assure Marco Island is represented as one of the other members (tourist related or hotel owner/operator. Please do not hesitate to contact me if you have any questions. AGENDA /]'EH No. I 0- FEB 2 1998 Pg.. Toudst Development Council Nan~ Liana M. Buysse 1170 Third Street South Naples, FL 34102 District: 4 Category: Non-Owner/Operator Robert D. Staldch ~ 394-8881 870 S. Cotlie~ Blvd., I),O. Box 1907 3~4-6069 Marco Island, FL 34146 District: 1 Category: Non-Owner/Operator Work Phone ~ppt'd Hotnt Phone DateRe-appt Ill 261-4285 04/21/9'2. ~/17/94 Don J. York 154 Amblewood Lane Naples, FL 34105 District: 2 Category: Non-Own~r/Op?tor Julie Bun 163 Balfour Drive Marco Island, FL 34145 Distr/ct: 1 Category: Owaer/Operator 649-1500 262-3501 04/I8/95 03/12/96 642-4,147 03/12/96 ~2-8872 Exp. Date 2mlF~Date 04/21/94 04/21/98 040.1/99 04/21/00 04~I/98 Jerry Thirion 475 Seagate Drive Naples, FL 34103 D/.m'~; 2 Category: Owner/Operator 597-3232 04/I8/95 04/'21/99 John $. Dougherty 560 South Collier Blvd. Marco Inland, FL 34145 Dh'W/cf: I Category: Owne~/Ogerator P.O. Box 110 Ev~xglades City, FL 34139 Dim-let: 5 Category: Muaicipal Official 3~4-5o0o 03/I2/96 642-7091 04/21100 69~3781 II/12/96 040.1/00 2nd Term 2Years 4 Yeas 4 Yeas 4 Yeas 3 Yeas 4 Yeas 4 Years FEB 2 1998 Pg Tourist Development Council Baxbara B. Ben'y 3301 E. Tamiami Trail Naples, FL 34112 D~tri~: 5 C=ielor~: BCC Chairman Work Phone Appt'd Exp. Dtae Term Home Phone DateRe.al~t 2ndE~Date 2nd Term 434-4601 02121/96 04/21100 4 Yearn T74-839~ 01106/95 01/05/99 I Year This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for toudst development tax revenues, for the effec'dve opefat~o~ of ~ special I:~ or uses of the toudst development tax revenues, and to review all expe~itures of revenues from the tourist development Ixust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms am 4 years. FL SI'AT: 125.0104 Staff: Jean Gansel. Budget Analyst: 774-8717 FEB 1998 ~'. . MEMORANDUM ,... o- . .. DATE: December 2, 1997 TO: FROM: Vinell Hills' Elecli°ns Office Sue Filson, Administrative Assistant~ ', Board of County Commissioners ~'~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider thc 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. TQUR.IST DEVELOPMENT COUNCIL COMMISSION DISTR.I~ Sally J. Kramer 440 Cottage Court, Suite 201 Marco Island, FL 34145 Ward Bradeen 1298 Orange Court Marco Island, FL 34145 Stephen Spencer 270 Stonegat~ Court Naples, FL 34119 Julie Bext a, ~jy/q_163 Balfour Drive b tf,2~. ~ e'~ ~'Marco Island, FL 34145 Mariann~ E. Lazarus 985 Birch Court Marco Island, FL 34145 Judy A. Keller 406 Golf~ew Drive Naples, FL 34110 James L. Schi~ring 2000 Royal ~ Way, #303 ~ IsLing, FL 34145 '1 AGENOA I~EN FEB 2 1998 TOUP~$T DEVELOPMENT COUNCIL Vivien Ellis 720 South Collier Blvd., #105 Marco Island, FL 34145 Cleric Vaccaro 4939 Rattlesnake Hammock Road #102 Naples, FL 34114 William A. Hall ~ 348 Flamingo Drive Naples, FL 34108 /- Thank you for your help. COMMISSION DISTRICT FEB 2 ~1 1998 City of Everglades Oty P.O. l~ox 110 £ver~la~ C~ty. Coll~ C. oumL Flodda 34139 Cl~,l-t~11 2O7 nm.~way Pm>nc (941) 6~5-3'/8! Fax (9~1) 695-30'20 Board of Collier County Co~nissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 February 5, 1998 via Fax 774 3602 P.~: TCX]~ST DEVELO~ COUNCIL In response to' your request today by via telephone. In a regular City Council meeting, held on January 6, 1998, Mayor Hamilton appointed Council Person Karen Louwsma to fill the vacancy of James Landrum on the (TDC) board, representing Everglades City. Which City Council passed unanimously. Please do not hesitate in contacting me if I'can be of any further assistance. LoOking forward in seeing you at the 25th annual SeafOo~'Festival; :..' .l~rttta Daniels, City Clerk · .....;~: ~'..... UlmltAmm February 10, lgg6 Ms Sue Rlmn 8oarcl o¢ ~ Commissioners Nal:les, FL 34104 Dear Ms Rlson, I heret:~y would like to aPl~Y for reai:~:x~ntment to fie Tourist Development Council. As you know this v, oufd be my second reappointment to the TDC. I have served on this boan:l since its As en addition to my resume, I would like to inform you that I no longer am associated with the Muell~ Thank you for your lurid attention to this matt~. LB:mp AGENDA_ Z'[EH No. Ic~. 9. FEB 2 ~ 1998 pg. MEMORANDUM DATE: TO: FROM: December 2, 1997 Jean Gansel, Budget Analyst Sue Filson, Administrative Assistant'~,~ Board of County Commissioners Tourist Development Council As you know, we currently have 2 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: Sally J. Kramer 440 Cottage Court, Suite 201 Marco Island, FL 34145 Ward Bradeen 1298 Orange Court Marco Island, FL 34145 Stephen Spencer 270 Stoncgate Court Naples, FL 34119 Julie Bart 163 Balfour Drive Marco Island, FL 34145 Marianne E. Lazarus 985 Birch Court Marco Island, FL 34145 Judy A. Keller 406 Oolfview Drive Naples, FL 34110 James L. Schiering 2000 Royal Marco Way, #303 Marco Island, FL 34145 Vivien Ellis 720 South Collier Blvd., #105 Mare. o Island, FL 34145 AGENDA I_~Ft I~o. ID .- - FEB 2 1998 JO. Gene Vaecaro 4939 Rattlesnake Hammock Road #I 02 Naples, FL 34114 William A. Hall 348 Flamingo Drive Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 7744097. Thank you for your attention to this matter. SF Attachments AGENDA FEB 2 1998 AGENDA FEB 2 ~ 1998 November 26, 1997 Fax n~ber~ 774-3602 Collier County Board of Commissioners Collier County Courthouse 3301 T~m{ami Trail East Naples, Florida 34112 Re: Vacancy on Tourist Development Council Dear Commissioners~ I would like to apply for~ne of the vacancies on the Tourist Development Council. To that end, enclosed is my resume. I trust that everything is in order. Thank you for your time and consideration. My work address is 128 S. Barfield Drive, Marco Island, Florida 34145 and the telephone n,,mher ks 394-4499. Respectfully submitted, Kramer SJK/mjh Enclosure AGENDR ' ,~c~.M S~T~T.¥ j. I~ztAHER 440 Cottage Cou~c Suite 201 Marco Island, Florida 34145 Education: Naples High School, 1966 Personal: Raised on Marco Island, I .m married to a local attorney, Fred Kramer. We have four children, two of whom have graduated from Lely High School, and two who are presently attending Lely High School. Professional: Since 1984, I have owned and operated the Furniture Collection on Marco Island. Presently a 10,000 square foot store, it provides both furniture and design services. Co.unity Involvement: Marco Island Rotary Club, past director and officer, currently chairman of its scholarship co~ttee Reference=: Kiel1 Pettersen, Marco Island City Council Faye Biles, Marco Island Taxpayers Association, Inc. 1298 Orange Court Marco Island, FL 34145 Phone #642-3374 November 25, 1997 Board ot' Collier County Commissioners c/o Ms. Sue Filson 3301 East Tamiami Trail Naples, FL 34112 Re: Tourist Development Council Dear Ms. Filson: I would like to be considered for one ot'the open seats on the Tourist Development Council. I am a full-time resident of Marco Island and I am the owner/manager ora retail jewelry and gift shop on Marco Island. I am presently a member of the Board of Directors of'the Marco Island Chamber of'Commerce and I am president-elect of'the Kiwanis Club of Marco lsl~nd. I am also a member ofthe board of'Marco 2000. I have been involved with several charities and merchants' associations. I am very anxious to be involved and contribute to my community. Very truly yours, AOENDA ZT..EN No. io.r'~ FEB 2 Zl 1998 November 22, 1997 Sue Filson Administrative Assistant Board of County Commissioners 3301 U.S. 41 East Naples, FL 34112 Dear Ms. Filson, This letter is in response to your notice in the Naples Daily News regarding a lay member vacancy on the Touris~ Development Council. I have a,"tached my resume. However, since I am applying for the lay opening and, my professional background is in manufacturing management, my resume probably only outlines for you some basic information My experience, and what I hope to add to tho Council, are in budgeting and decision making skills. I am ofthe b~lieflhat ii'you don't vote, you can't complain about the in~ and, extending from that, ii'you don't participate in tho d~cislon making process, you can't complain about the results. I would like to begin to participate in the evaluation and decision making processes. Please call me if you would like to review my background or objectives. Thank you for your time. Steve Spencer 455-7458 (home) 941-936-$700 (work) STEPHEN SPENCER 270 Stonegate Court Naples, FL $4119 (941) 455-7458 Experience: PALL AEROPOWER CORP. Ft. Myers, FL May 1995 - Present General Managi~' November 1995 - Present Responsible for all aspects of the operations in thc Ft. Myers facility. The plant is a 125,000 Huare foot facility with 325 employees manufactwing filter dements and machined housings. Products are sold through a distribution network into the industrial and aircral~ hydraulic filtration mark, is. The trade names produced are Industrial Hydraulics and PallAerospace. Complete responsibility for the manufacturing P&L. Significant achievements include the implememation of MRP, adoption of Kaizen improvement teams as an ongoing effort, integration of the Aerart~ce product line into the facility and, sales records in the lndu.rm'al Hydraulics product lir~. Materials Manager May 1995 - November 1995 Responsible for all aspects of the materials function. Restructured Purchasing and Production Control departments. Began implementation of APICS planning principals in effort to prepare departments for MRP. MEMTEC AMERICA CORP. DeLand, FL _Operations Manager Responsible for all production operafio~ in th,,. manufaclaxre of stainless steel fiber and the fabrication of filtration systems. Products marketed under the trade name Fluid Dynami~ and Memtec Advanced Material~. Manage the Mater~_~l~ (Purch~ing, Inventory Control, Scheduling, Shipping), Production, Manufacturing Engineering and Maimenance fuactions. The diversified operating departmems include:, a make.to-order Machine Shop, a cellular make-to-stock/order Fabri~fion Shop, a continuous process Fiber production area (wire drawing, textile processing, heat treating), a liT automotive OEM production line. Major accomp~ include: control ~$ and g*f~ng to 75% increases in order to meet a 120,4 ~ in sales; directing the acquisition and installation of $4+ million of capital equipment needed to rr~n the increas~ sales levels; establiali~ a Continuous Improv~mmt Program which produced over 400 ideas in the fu'st 12 months; devdOl~g the manag~ ~ of th~ Supo'visors; initiating th~ us~ of SlC problem solving, transfening fu~t-piece inspection respona2~ty from ]nsl:n~lg~NaP,. ITEI~ operator~. Member of the cross-functional team that led the division ~o-fro ~ I FEB 2 lgg8 m certification. Responsible for setting and meeting department and capital budgets. Implemented an EDI system with a major automotive OEM. Manage 20 salaried and 175 hourly employees. Accountable for $7M payroll, $9M MRO and $9M materials budgets. March 1993 - Assumed responsibility for managing the Materials group, initiated APICS training program, began formalized utilization of existing MAPICS (MRP) software. August 1991 - Assigned additional responsibilities of Maintenance Department and two Manufacturing Engineers. Initiated a plant wide Preventative Maintenance program. MARYIakND SPECIALTY WIRE Cockeysvitle, M:D August 1985 -December I989 Production Su_t:~int~dent December 1987 - December 1989 Direcdy respons~le for managing fll manufacturing operations in one-third of the plato. Accountable for all quality and productivity goals in tim segment of the facility. Concurremly serving as Production and Inventory Control Manager. Project Manager in the insxallafion of a bar coding inventory system. Managed 8 salaried and 50 hourly employees. Production Control Manager December 1986 - December 1987 Responsible for the Scheduling, M~terials Handling and Shipping Departments. Designed and implemented a computerized shop floor control system. Transitioned the Planning Deparunent fi'om a manual to a computerized control system. P, edueed past due orders from $600k to $100lc Responn'ble for transferring shop scheduling system to sister comparry (Willing B Wire, W'fllingboro, NJ). Served az the PC Network Supervisor. Managed $ salaried and 20 hourly employees. Quality_ Assurance Manager August 1985 - December 1986 Respo~le for all Quality Control functions including: interml impection; customer complaints; new product development and Statistical Process Control. Re-wrote QA Mama. Assembled Msteri~i Safety Data Sheets. Desi~ and im'talled & PC Network between 4 QA lab areas. Managed 3 salaried and 12 hourly employees. CRUCIBLK STK.~.L COMPANY Syracuse, NY Sune 1983 -August 1985 Process En~neer Responn'bi~ for developing and mon~oring the processes used in thz production of t, tainless steel wire. Co-operative student supendsor. CRUCIBLE COMPACTION METALS Pittsburgh, PA March 1983 -June 1983 Process En~neer Responsible for improving and documenting processes in the powder me~als handling and Hot Isostatic Pressing (HIP) department. COOPERATIVE STUDENT-ENGI~N'EERING PROGRAM Crucible Steel, Syracuse NY March 1981 - August 1981 Bar Finish Department; received a Colt Indu.~es Acad~c Stipend Award Crucible Steel, lV~dland PA March 1980 - .luly 1980 Melt Shop Department ~ctuca#on: B.S., Metallurgy, The Pennsylvania State University, November 1982. Computer Literacy: Publication: Lotus 1-2-3, Microsoft Word, Harvard Graphics, Freelance Graphics, Foxbase, BASIC and Novel 'Physical Inventory Time Down, Accuracy Up'; Automatic I.D. News, June 1991 Continuing Education: Certified in Production and Inventory Managexnem (CPIM), Americaa Production and Inventory Control Society (APICS), July 1994. K~-en/HT Training, Carrier Corporation, ~ Pock AR, $ Dsy~ M~ 1994. Stetson Univenity, DeLaM FL, ~ 1992. Principl~s in Production & Inventory Mamgemem, Cat~ Cmmmai7 Coiletle, Baltimore MD, November 1988. ~y t987. cobol, prosr~~ 3 cr~, ~emoy~ ~, syr~ ~'v, ~ t~s~. Stagstical Proc~ Control Seminar, S ~ ~ 1984. Ststistic~l Proc~,s Control Seminar, 32 hours, Aulput 19~4. ~AStc ~x~ramm~g, ~ cr~ 0~o~ Community conese, St~i~ic~l Proc~ Control Semimr, 8 hour, ~ 19~4. /merezXs: AGENDA IT~ NO.~ FEB 2 ~1 f998 November 24, 1997 TO: BOARD OF COUNTY CONMISSIONERS I am applying to be re-appointed to the Tourist DeveLopment Council. Because of my city council candidacy, I was required to resign. I was appointed to the Tourist Development Council in 2996 and enjoy participating on the CounciL. Current[y, I am the offLce manager and part owner of Spinnaker Cay Property Hanagement on Marco IsLand. I was formerly employed by the City of Otsego, Michigan as an assistant to the City Manager and hold a 8ache[ors Degree in Public AdmLnistration. I appreciate your consideration. Sincerety, Burr FEB 2 .Q. Marianne Lazarus 985 Birch Court P.O. 8ox 2021 Marco tstancl. FL. 34146 941.394.~390 November 28, 1997 Sue FUson Administrative Assistant Board of'County Commissioners Ottlce 3301 E. Tamiaml Trail Naples, FL 34112 Via Fax: 774-3602 Dear Ms. Filson, [ wish to appty For a seat on the Tourist Developmem Co,nell..~tost ol'my career has been itt the travel and tourism industry. Prior to moving lo Marco Island wifl~ my husband ten .,,,ears a~o, [ spent nearly 20 years with Unhed Airlines in numerous marketin~ positions Currently i represent Antaramian Devclopmcm Corporation in its ctTor~s or'establish a hotel on tl~e Island. [ am very interested in tourism and its stron~ economic impact Collier County. I believe ~13at my interest in and understanding, or'the industry, mal~e me qualilled lo ma~:¢ a comributJon in this important area ot' tl~e community. Sincerely. Marianne Lazarus MARIANNE E. LAZARUS 985 Birch Court Marco Island, FL .:14145 941-394-4390 M'arch 1997 - to present Director, ilospitality Development A.taramian Development Corporat~ Marco lsla,d. Florida P,:sponsible for marketing and pm olx'ning administratiofl of the Marco Island Yacht & Sailiqg Club. Curn.'nfly ssork~ng of thc development ora 200 room hotel on Marco Island June 1996 - March 1997 Vice Presiden! Developme.t Kimbcrh.T Development Corporation Marco Ishmd. Florida Prepared comprchcns~vc business plan for thc dcv¢lopmcnl ora 240 room hotel ou Marco Isla.d May 1990-Sune 1996 Executive Vice President Itarborvtc,~,~ R~..'ah.~. Inc M;,rco lsl:,.d. Flor,d;~ Responsible for recruiting, training, dc,,clopmcs~t and SUlX'rs isioq o(salcs and rcmal dcparh~'.ts as sscll as gox:ml ol'tlc¢ ~ ~dministradon. Developed. implcmcmcd and mastaged pla.nmg aqd rrumagcmc. I control fimcl~ous Built thc sales force from 9 to 28 sah:s associates and 3 rental agents. Started and st,lx:rvis~xl tl~c rcmal dcpartmcm building it iqto a highly profitable department. Actively participated in thc Marco Island Arc= Assooation of REALTORS holding qumcrot.s posmons such as Pressdc. t of Marco MultiList. Secretory of Association for two ymrs. D~rcctor for five y~..'nrs Chair uFnumcrous cummitt~.x:s including Prof~sional Standards. Received Rs..'altor of thc Year and IJnsong H,.'ro asgard. Earn ',;d ll~: CRB ck;sig, m~on Janua~d 1989 - Mny 1990 Sales Associntc Hartx~rx,c~ Rcalt.~. Inc. Listed and sold ov~ $1 million of residential real estate in the first year. Active participant in Women's Council oFR~LTORS and r~ipient of Honor Circle Award April 1983 - October ! 988 I)ircclor. Market Maitageme~it Lnit~d Atrl.~-~ Chicago. Illiqois Responsible For thc profitability u£ thrcx: major market groups accmsnting For $ I b. ll.o. m annual revenue Directly controlled scl~dulcs, pHc. cs. advertising, promolion, invc~ton.' manag~.m..mt, market n:scarch and product a.ncniti~ ~.. 'ssignczl markets. Responsiblc for liaison wir. h ficld to insure impk'mcntal~o, ofmark,.'ti.g programs and plans A.chi~,ed significant improvom:nt tn profit IX:rforrnano: oflh¢ $51X) mdlion Ira,scoulim:ntal market urouo ,rW~· ~.~O~OA ~h~s markc~- ~roup ~ ncvcr bom profitable. In c~rtx.. 1995.. m~lcr' m~.' ,,ar~g, cmcn!.. '~t I-,cern. nc. thc. compnn.~" '- '., mosl'-'N~)' profit~l¢ ~rkc~ group. FEB Nov-2B-97 10:~1A 941 394 1~g8 P.03 November 198l -April 1985 Mgr. Mnrketi.g Strategic Develop United A~rli~ Reported directly to Senior Vice President of MarkclinS. Supervised I1~: &.'vdopnx:nt uf company's marketing stral,.-S.~ b.,, us~g innovativ~ madr,~ns approax:hcs, disciplined anal.vsn, cffr~i,,'= rt.'search -',nd advanced comp,tot modcllns techniques. Made strategy presentations directly to Board or Directors. Chairman. Presidc~lt and scmor mnna§,mx:nt Supervised lwo rrajor strat~ic studies thc r~sulls of'~shicls s~x:n: adopted and implcnxmt~ b.~ fl~: compan> Pu:ceived tl~ Markc:ing Division ^nnual A~,ard. This is one of' thc highcsl awards pn.'scnlcd b.~ th~ compan.~ October 1979 - November 1981 Mgr. Passenger M-',rketing Plnmdnll United Airli,ms 1~(3nagcd a major depar:n~:nt of 2fi managers and an.'H.~ sis in m.qrk¢l ~¢s~rch. mark..'~ a,~al.~ :s~s and plammlg. ,ntbrn~l~on s¢n'ices, capacity plan,~ing. Prepared fix: coqx~ral¢ marketing pla, Ad,nin,s~¢r~d it budget oI'SI 7 m,lhon inkia:ed af~d directed a n~jor m~rkc~ scgm~t:Ition slud.s Dfrcct~ thc dr. sign and inq)lemcntal~un of' s.~t~mts to control and monitor discount tam usage Directed training for. inlplcn~'~tt:,lio, and us~ ut'n mctrk¢t,ng mtbnnat~u, system s~ hich w:u a state of.thc an database June 1974 - October 1979 Marketing l)ivisio. United A~rl,~:s Held various management positions marketing department June 1969-June 1974 Computer Services Division Ummd Asrhm.~. Hdd various positions from pro, mm,ncr trmm,~: ihrough .~.'nior S.vstaus ^r~h. st. EX:',cloix:d Lhiitcd's first traimn~ program £or entry level programmers. £ducntiou Northwestern University, Masters in Management (MBA). Marketing and Finance Rosary College. BA. 1969 Corneli University Hotel School's Prof'essional Development Program. June lq¢}b Iq77 FEB 2 L 38 November 17, 1997 AD.~INISTRATION VISITOR CEN'T~R Naples. Florida 34102.6605 Phone: t941 ! 762-61-H Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Sue: This letter should serve as application for the 4-year term on the Tourist Development Council to fill the existing non-owner operator vacancy. According to my knowledge of this position, I feel well qualified as an individual who is involved in the tourist industry, demonstrated an interest in tourist development but not an owner or operator of an accommodation property. Since 1985 1 have been instrumental in the continued development of tourism in Collier County and previously served on the Tourist Development Council In 1988. Representing a non-aligned business organization with 2,000 members who are deeply involved in tourism, I feel my knowledge, expertise and talents could be useful in the further development and enhancement of tourism in our community. I am a full time, voting resident of Collier County and through my tenure and current position as Executive Director of the Naples Area Chamber of Cemmerce, feel well qualified to assist the council In their recommendations regarding proposed uses for tourist development tax revenues, effective operation of the special projects or tax revenue uses and to review all expenditures of revenues from the tourist development trust fund. Should you desire further information on my quar~cations, please feel free to contact me at 262-6376. L Sinprely/, ., _ ~Judy A.' Keller Executive Director AGENDA NO.__LQ..~;2..,._ ACCREDITED Barb and Jim Schiering Tok~phoem ff411 Fox fi411 ~2-~112 November i 9, 1997 Ms. Susan Filson Collier County Commissioners Office 3301 East Tamiami Trail Naples, FL 34112 RE: Application to Become a Member of thc Collier County T.D.C. Commissioners: Please accept my resume u an application to become a Non-Own. er Operator member of the Collier Courny Tourist Development Council. I would like to become a part of the Tom'ist Development Council because i ~[ie~ ~t ~ ~ h a resole ~ ~ ~ ~ch h ~! ~ ~c ~ll ~in8 oto~ m~ i~ ~j~ u ~~ ~ ~ m the ~11 ~ing of~ ci6~s of Coil/er Co~. Wc m~ pm~ o~ s~cl{~ ~ich is o~ ~t~ m~ u~ ~ well ~ ~o~g om pro~y, along ~ ~i~g ~ ~ ~mofion of~ ~gcal ~ j~. My ~fim ~ h~ i~olv~ ~g dccisiom ~ ~c m~i~ orm~lliom ofdol~ u ~H ~ s~~g m~y ~ple. I ~ve in~t~ ~th ~ 1~ ~ ~ ~I ~ve~~ a~i~ ~g~g ~ ~g m~ div~ ma~. ! ~lieve ~t I ~uld ~ ~ ~ m ~ ~ m~ of~ ~c~ u ~H u m ~ ci~ o~lli~ Co~. 'rhnnk you for your consideration. Sincerely, AGENDA l .T~t4 Ho. !0 '~- FEB 2 1998 Pg. Barb and Jim $chiering Tele~'v::~ ~941! (,42-3Q79 ~ 19411 6~2-6 ! 12 RESUME OF JAMES L SCHERING My wife Barbara and I live at 2000 Royal Marco Way #303 in ltidatway B~ch. I am 51 years old, have been a resident ofFlorida fo~ about 7 yeah and have I~n a ~1 time resident of Mar~ Island for the past 6 years. I am currently and have be~n l'or the past 3 y~ar~ the President orRoyal Marco Point I CoMominhtm Assodagon which is comprised of 125 traits located on the Big Marco Pass. I am also currently on the Hideaway Beach Beach Committee. I previously was a member of the I-Iiclcaway Beach Board of'Directors l'ur two years azu:! wu Chairman o£the Environmental Committee. I am a member ofCAMMI (Commtmity Association Managers of'Mn.,:o Island) and BMI [Building Manag~-n International). EDUCATION: B.S. Business Administration, Minor in English Salem College, Salem, West Virginia 1969 Certified Risk Manager, Insurance Institute of America 1978 Various CPCU Courses through the Insurance Institute of America WORK EXPERIENCE: 6/69 to 8/70 Republic Steel Corp., Cleveland Ohio Tm'n Foreman in thc Coke Plant 8/70 to 2/72 U.S. Army, Battery Clerk & Major's ^ide, FL Sill, OK 4/72 to 8/75 S~. appraisers. Hartford Insurance Co. Cleveland, Ohio I was a multi ~ Claims Adjuster, Examiner and I su~rvisc:l 6 small c{aim adjust~rs and 2 outside multi line claim adjust:~ phs 2 outside 8/75 to 3/g4 Agency Rent A Car, Cleveland, Ohio Director ofInsurance, V.P. and Board M~mlzr. I started a sel£insunnce program and qualified the company ns a Qualified S~lrlnsur~r rot all liabilily and physical damage exposure for 12,000 velgcles in 35 stales. I set up and managed the Claims Dcpaz~ent to handle and settle tll liab~ity and vehicle claims. I also set up and administered a self insured. IRS sppmv~ bos'p/talizagan plan r~ all !,200 employees maintaini~ a S50,000 Self'Insured Retention. I managed 20 employees plus a ststf~. While at Al~ncy I also stan~ Trans Automotive Insurance Co., a wholly owned subsidiaff which insured long haul trucking liability t'or 6 over the road, nationwide trucking companies. 1 ~ President, handled aH claims and loss control, as well as assisted in risk selection and was responn'ble fo~ fl~e overall ~ oldie company. AGENDA NO.,~ FEB 2 t,ag8 3/84 to 10/92 Action Auto Rental, Inc., Solon, Ohio I wu or~ of fous found:u, Executive Vice Presicknt and mcmber of the Board. I was in charge ofall insur, m~ arid claims activities and designed a pmlp"am which allowed Action to bccome a qualified self insurer in 35 states maintaining a $500,000 Sell' Insured Relention. We also handled all physical damage claims t'or a fie. ct of 18,000 vehicles. I also designed, qualified and administa'cd a self'insured hospitalization program which maintained a $I 00,000 self insured retention. I was also President or' Spcctrum Car Rental Network which networked claims offices and large corporations w/th our 280 local car rental offices throughout the country. I lei Action in 92 to come to Marco lull time. 12/94 1 became a Licensed Multi Line insurance Agent for thc State ofF]or/da and w~nt to work for Gulfshore Insurance working out of thc Marco Office. I IcR Gulfshorc after a year to start a bus/ness with my wife Barbara. We sl,'ulcd AquaPure Entcrpri~s in January 1996 which madu:ts products that substantiaIly reduce or even eliminate chemicals we use in our daily lives and protecLs ibc environmenL AquaPure lxlman'ly markets electronic water purificat/on systems for recirculating water such as pools, spas, cooling towns and hospital water sys~ms. My wife and I wurk the business by ourselves and w~ have no employees. FEB 2 q 1998 -- · Vivien Ellis Sandcastle Ii 720 South Collier Blvd. #lOS Marco Island, FL 34145-6009 USA Fax 941 389 1554 Home Phone 941 389 1019 Email ENGLISHTEN@AOL. COM November 16, 1997 Sue Filson, Admin. Assistant Board of County Commissioners 330I US 41 East Naples, FL 34112 Dear Ms. Fi/son: P/ease accept this letter and enclosed resume as my application for the lay-member position on the Collier County Tourist Development Council ! am vitally interested in the future of both Collier County and Marco Island, and feel that tourism is one of the most important areas to be nurtured and developed. Your kind consideration of my application would be very much appreciated. Yours sincerely, Vivien EIIt~'~ L No FEB 2 ~ 1998 Vivien Ellis Fax 941 389 1 S54 Home Phone 941 389 1019 Email ENGLISHTEN@AOL.COM Sandcastle II 720 South Collier Blvd. #I05 Marco Island, FL 3414S-6009 USA C.V. - November 1997 ~ For 25+ years. Became one of the first women stockbrokers on Wall Street. Was a broker and administrator in New York City, and then on Long Island, with Series 7 license, and later, with the Series 24 license became part-owner and manager of a large brokerage office. Now licensed in Florida. Financial Broadcaster. For 20 years. Radio: Was on the air every business day, approximately seven times a day, for up to three radio stations at a time on Long Island. Did commercial voice-overs, and personal appearances for the radio stations. TV: Had weekly financial shows on local TV and WLIW. Appeared on pledge drives and interview shows. Adult. Ed Instructor- Taught investing courses for approximately 12 years in the Huntington (Long Island) UFSD. ~ Have been keynote speaker on any number of subjects ranging, from the Long Island economy to the Pro#feration on Breast Cancer on Long Island. K. LS.S. - Kindness in Serving Seniors- providing in-home care and companionship to seniors. Save Huntington's Lighthouse- a successful project to save, restore and preserve the lighthouse in Huntington (LI) Harbor. The many fund-raising events I organized included a parade of historic sailing vessels on the harbor on July 4th. Board of Visitors, Long Island Developmental and Disabilities Service Office- a Gubernatorial appointment. The Board is dedicated to providing the care and serving the needs of the mentally retarded. AGENDA FEB 2 q 1998 Vivien Ellis- CV Cont.: Relocated to Marco Island _lune 1995- Vice President, Sandcastle !! Condominium Association. Chairman of Grounds and Building Beautification Committee. Vice-Chairman- Marco Island Fire~ghters Pension Board of Trustees. Member- Board of Directors Marco Island Civic Association Events Chairperson- Marco Island Celebration 2000 Civic Affairs Flying (Hold Private Pilot License) Tennis Sailing Travel FLORIDA SPORTS PARK° 11/17/97 To; Board of County Commissioners Naples, Florida .~0'~ 18 '~oaro of '~o,.'r, t y Dear Commissioners; T~s letter is to submit my name for consideration to occupy an available seat on the Collier County Tourist Development Council My qualifications and experience are as follows; * 20 years in special event promotions in Tennessee and Florida ( 1982 World's Fair and Florida Sports Park ) * 9 years active community involvement in Naples * Successful history of TDC funded events * A lifetime career in promotions and advertising, including over 20 "Al)DY" awards for outstanding advertising campaigns. I feel the above experiences make me uniquely qualified to serve on the Tourist Development CouncO of Collier County, and I would apprecia~.e your consideration. Respectfully Submitted, Executive Director, Florida Sports Park Box990010, Nap~,Rorida3~116-6060 / 9~1-77a-2701 AGENDA .gE.M NO._ [0 _ FEB 211 1998 Toll Free 800-897-2701 Fox 941-774-4118 / h~://www.~.com 199'7, 12-~2 ]~.rd or C. mm~ Com~gers w~ W..LIAM H LL 280 VanderbfIt Beach Road · Naple& Fl 34108 · 941/$98-$$00 1996 TO ~ Naples, Florida 1991 TO 1996 Pasadena, California 1989 TO 1991 San Francisco, Calt./'ornta 1987 'to 1989 Litchfield Park, Arizona 1986TO 1987 Pebble Beach Company GENERAL MANAGER 27~ Ritz. Carlton, Laguna fflguel $ilverado Country Club and Resort Pebble Beach, Calffornia 1983 'to 1986 Laguna,Vlguel, California 1979 TO 1983 Napa. California ~DUC~I~ON CoI2~G£ OF Mmu~ Orr ¢ouxof 6,~ S~v F~,A~c~co Budness Courses Hotel and Restaurant Management ~chool ASSOC~ON · American Hotel andMoteIA.~$octatlon · California Hotel andMotel~L~octaaon · ~ E~ub Managers ~.~oclatlon · Naples F~ritors Bureau · ~ Economfc Devet~CounctI AGENDA ITEM NO.~ K'RC)',t ~GXE:C OI=I~IC~ 942, GcJ~ GGb';'7 29cJ'7,12-~2 WILLIAM A. HALL Details of Cm'eer Experience: THE RITZ-CARLTONj Huntington Hotel 1991 to Present General Manager Responsible for 283-ro~m city resort with 23 acres, six cottages, 27 suites, two full-service restaurants, 38,000 square feet of meeting and banquet space, a complete fitness center which has 125 members, three lighted tennis courts and an Olympic-size swimming pool. The Huntington reopened after a complete renovation including new construction in March 1991. PersonaJly arrived at the Hotel in October, at which time hotel occupancy was at 39 percent, losing at the house profit line $3.5 million in the first nine months of operation; totaJ revenue in 1991 was $16 million after nine months. In 1994, exceeded 80 percent occupancy and increased the average rate by $17. House profit was $6.2 mnlion with a cash flow bottom line after management fees, C.E.P., property tax, insurance and debt sewice of $2.1 m~lion net proffi. TotaJ revenue exceeded $32 million. In 1995, wJJJ again exceed 80 percent occupancy, increase average rate by $12 and produce a net cash flow of close to $4 million. OLYMPIC CLUB. San Francisco, CaJifomla January 1989 to 1991 V'~.e President and General Manager Responsible for a City and Country Club operation with 4,300 members. The City Club is a complete athletic facility and the Country C~ub has two 18-hoie go~f courses, ten tennis courts, and 1,010 members. Total cash volume controlled la $17 million. Coordinate with eighteen committees, and report to a Board of Directors. AGENDA NO. FEB 2 19 18 Pg. WILLIAM A. HALL Details of Career Experience - 2 WIGWAM RESORT, Litchfield Park, Arizona August 1987 to January 1989 Vice President and General Manager Responsible for 264 room resort and country club operation, a conference center, three restaurants, 54 holes of golf, 14 tennis courts, and riding stables. Took charge of the complete renovation a~d restoration of the resort at a total cost of $30 million. Subsequenth/the resort regained the Mobil F'we Star Award and the Triple A Five Diamond Award. PEBBLE BEACH COMPANY, Pebble Beach, California March 1986 to August 1987 Vice Presiderlt. Resort Oaeratlons The Lodge at Pebble Beach/The Inn and Links at Spanish Bay Responsible for all resort operations involving The Lodge, and the pre-opening of The Inn and Links at Spanish Bay, with more than one thousand employees. Reporting to me were the general managers of the Lodge, the Golf Department, the Beach and Tennis Club, retail shops, and equestrian center. THE RITZ-CARLTON. Laguna Niguel, California .January 1983 to February 1986 General Manager The Ritz-Carlton is a luxury beachfront hotel with 393 rooms, two pools, 28,000 square feet of meeting space, end tennis courts. Total employment was 800 people, end annual revenues were $40 million. Served in general manager capacity from property site ground- breaking to hotel opening, end through one year of operation. Coordinated adl plans and pre-construction work, end responsible for the selection and hiring of all pre-opening staff. During my tenure the hotel received the Mobil Five Star Award, the first "~,',~ hotel to do so after just one year of operation. FEB 2 zl 1998 . ~ ;E:XE~C O=F]CE: 94], 598 6667 WILLIAM A. HALL Details of Career Experience - 3 SILVERADO COUNTRY CLUB & RESORT, Napa, California 1979 to 1983 _General Manage_r Silverado encompassed 567 rooms, two 18-hole golf courses, 22 tennis courts, 8 pools, a 34,000 square foot conference center. Annual revenues were $50 million. Coordinated eight condominium associations on the property. Also, sewed as Club Chairman of the major Anheuser-Busch Golf Tournament and was first Chairman of the Nape Valley Wine Symposium. In addition had complete authority over public streets, lighting, fire and police protection for 1,200 homes. HYAI'I' HOTEL_S 1974 to 1979 · General Manager. Hyatt Hilton Head. South Carolinn 1978 to 1979 Brought back to handle renovation and complete resort master plan for marfna and futura construction of 800 condominiums. General Manager. Sarasota Hotel 1976 to 1978 300 rooms, six tennis courts, one pool, 76-boat marina, beach. General Manager. Hyafl H~on Head. South Carolinn 1974 to 1976 Two 18-hole golf courses, 32 tennis courts, 10 miles o! beach, 400 moms, 22,000 square l'eet of meeting space. Annual revenue - $32 million. ~ IE:XF.,~ C3:I~ZC~ C~41 5918 GGG7 lC~Cj~,8'2-~G ld~31 ff2:2G P. G1/~2 TRANSMISSION FORM PI,EASE DELIVER IMMEDIATELY Duty: Febr~ry 6, L99S TO: Ms. Soe F~iou Fsx Number: 774-3602 M.q. Mehnle Smith, Execudve A,~b,L,trttlve Asdstant to Mr. WiIhm A. Ihll, ~ MJntger, The Ritz-C~lton, Ntples Numb~ o! Page~ Inchd~g Cover Sheet: 2 Fotlowiv. g, as pr~ is roc. ord of Mr. Hall's vc~r re~ou. I. fI may be of ftu~er Kslmnce, please AGENDA ITEM .o..~.~ AoM b ~ o,, r~ W~rt $~r of JCuab Z3,,ntnr~ ~ ~ ~ b ~~ m ~ ~ W FEB 2 fl 1998 ~ t~C (~f~ o~41 SgG GGG'7 t99e.e2-~G 14831 3 ~l~ ~ Su~ FL~IC ~ddle 4 Sex '348 ~ AY ~ ~ 34108 · .tm i t~t rflt~ of FLoH~. J. 9~.~2C22Ck), F.S., ~ is ~ to ~Llc I mil I I I Ace ~c~ & t~.8. C:l.t:~sin? 311 ! m Mt · cenvicted fetm or, If ! ~, ay rqlhtl retatf~ to 0TIrZCT,1LT~ d vo~lM ~ ~ f'~to~.X I ~ not ~ odjudlcatod nmtitLy ~t ~ ~X~M I{~ltit~ or, If I hl~, Kc~t~ ~ ~lterd.X ' I~ bsA~nce ~eas ;341 ~~ AV ~ ~ 3~01 ltKfl K ~ hcl~lm ~ ~e ltKt ~ FLo~M. - I mlt~L ml~ ·stt l~tim m ~ll f~ fo ~. I ~~ ~ If It .... . q . FEB 2 ~ 1998 ID: FEB 12'9~ lb:bl HO.UI~ Stmt:hwc#t Florida R~71ional Planning Council s98013~ylh~ Drive, gth lqoor, N. 1~. My~x~ lq, ~917-,3.c)09 (gM) FAX 9~1.6,56-77~t li~bruary 12, 1998 The Honorable John ~ Norris Ogllet County Comm~iouet 3.301 F~ T~i T~il N~, ~ 33~2 SUBJEC'~: Quick here lo your State Sen~orfRcprcscnmfivc Commissioner Norris: The games have begun in more than ju.~t the Olympics. Having ~c__cc~_ ~ful{y hurdled the Oovcmor's budgct, now hostage taking is occurring in ~e ~gislature. We .seem to be one. Please ~nd a lcmt~' or no(e to your State S~nator as soon as poss~Ie, a,~king them lo contact Senator W. O. Childers as soon as possible tuquc.~ng the inclusion of the $2.4 million rc~urrin_e budeet line for Regional Planning Councils to be, included in his budget. This is the C, ovemor's recommendation (never enough, but...) Not ~ fimc driven in the Hou.ne. However, ii'you h~vc tho timefmclinatkm, contm.'ting your Ilou~ Rep~laflvcs will also he needed, 'aling them to tend thc ~me request for ~;'2.4 million recurring bud_eot line for Re~onul Plannin? Councils to R~Trcr~tagvo MetchunL Thank you. Sine:rely, $OUTHWE~ FLORIDA R. EOIONAL PLANNING COUNCIL Wi~)/dh '"'. FEB ;) i 1998 PO EXECUTIVE SUMMARY PE'ITrION NO. CP-97-3, GEORGE L. VARNADOE, OF YOUNG van ASSENDERP AND VARNADOE, P.A., REQUESTING A GROWTH MANAGEMENT PLAN TEXT AMENDMENT OF THE FUTURE LAND USE ELEMENT TO PROVIDE FOR THE REALLOCATION OF RESIDENTIAL DWELLING UNITS FROM PORTIONS OF THE FIDDLER'S CREEK PUD/DR/LOCATED IN THE URBAN COASTAL FRINGE AND URBAN RESIDENTIAL FRINGE DESIGNATED AREAS TO SPECIFIED LANDS LOCATED IN THE AGRICULTURAL/R~ DESIGNATED AREA OF THE FUTURE LAND USE MAP. OBJECTIVE: To have the Board of County Commissioners consider the adoption of a Growth Management Plan amendment which would authorize the reallocation of dwelling units from Urban portions of the Fiddler's Creek PUD/DRI to lands currently designated Agricultural/Rural. CONSIDERATIONS: The Fiddlers Creek PUD/DR/is located on the south side of U.S. 41 East, approximately 2 % miles east of State Road 951. The property which is the subject of this Plan amendment is located immediately to the East and South of the current project boundary and consists of 1,38:5 acres. The existing PUD/DRI consists of 2,379 acres, 6,000 approved dwellings, and a project density of 2.55 du/acre. The transfer of dwelling units from within the Urban area to lands outside the Urban area would result in a reduction of the overall Fiddler's Creek project density to 1.6 alu/acre. This amendment was heard by the Collier County Planning Commission at their February 5, 1998 hearing and they unanimously recbmmended that the Board of County Commissioners adopt the subject Plan amendment. Four persons appeared at the Planning Commission meeting to speak to this item. Two of the speakers incorrectly believed that the subject petition was an issue of incorporation, but offered no objections to the amendment itself. A representative of the Florida Wildlife Federation spoke in opposition to the amendment due to concerns over urban sprawl and potential impacts to wildlife and habitat. The Conservancy of Naples spoke and offered no objection to the P~ amendment, and commended the developer for the efforts to improve surfac~ water management in the region and Rookery Bay, preserving 450 acres of undisturbed natural areas, and for dedicating conservation easements over an additional 63 acres of sensitive lands, known as the "peninsula". A copy of the Conservancy's ~osition paper on this amendment is attached as back-up material to this exevutive surnmar t. FEB 2 4 1998 - 7,% PROJECT LOCATION GULF OF [EXICO % .LOCATION MAP Proposed Amendment This petition seeks to amend the Future Land Use Element (FLUE) to allow a reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek/Marco Shores PUD/DRI, located in the Urban designated area, into certain lands to be added to the PUD/DRI, located in the Agricultural/Rural area. The proposed text change is to the Agricultural/Rural Designation, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict, Paragraph A. I., page LU-I-39. Agricultural/Rural-Mixed Use District 1. Agricultural/Residential Subdistrict- The purpose of this subdistrict is to protect and encourage agricultural activities while providing for Iow density residential use in outlying areas. Residential land uses may b~ allowed at a maximum density of 1 unit per 5 gross acres. Existing units aooroved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added tO Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than I unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in n gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DR.T; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI jn said Sections do not exceed 10 acres. Department of Community Affairs' Comments This text amendment was transmitted to the Department of Community Affair~ (DCA), which issued its Objection, Recommendation and Comment report on the subject text change. The DCA issued one objection to the proposed amendment on the basis that sufficient data and analysis was not submitted to adequately assess three of the State's thirtom indicators of sprawl. It is important to note that Rule 9J-5 states that the DCA shall not find a plan amendment in non-compliance due to preexisting indicators if the amendment does not exacerbate existing indicators of sprawl with the jurisdiction. (NOTE: The complete DCA response is attached as back-up material to this executive summary.) The three sprawl indicators not supported by sufficient data and analysis are: #1: Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as low-intensity, Iow-density, or single-use development or uses in excess of demonstrated need. #11 #12 Fails to encourage an attractive and functional mix ofuses. Results in poor accessibility among linked or related land uses. DCA's recommendation is to demonstrate through the provision of data and analysis that the amendment discourages the proliferation of urban sprawl and that the indicators of sprawl are not triggered by this amendment. Staff's responses to DCA's objection and recommendation are described below. Indicator #1: Promotes, allows, or designates for development substantial areas of the jurisdiction to develop as Iow-intensity, low-density, or single-use development or uses in excess of demonstrated need. Staff Response: The subject property consisting of 1,385 acres, represents less than one-tenth of one percent (.1%) of the land area of Collier County. It is staff's opinion that this amendment does not promote, allow or designate substantial areas of Collier County for [Iow density or single-use] development. With respect to the issue of the proposed amendment promoting or allowing development in excess of demonstrated need, staff suggests that the proposed amendment does not increase residential development in this area, but merely reallocates a portion of the project's previously approved 6,000 dwelling units from adjacent property, which results in an actual reduction in authorized dwelling units on the subject property by 277 dwellings.. The resulting gross project density of 1.6 dwelling units per acre actually represents a more appropriate project density to receive the available water and sewer services. Indicator #11: Fails to encourage an attractive and functional mix of uses. Staff Response: The subject property is intended to be included within the Fiddler's Creek DRI/PUD for a total project master plan area of 3,764 acres. This project is a mixed use development consisting of 6,000 dwelling units of varying housing types, two park sites totaling 128 acres, 635 acres of golf course, preserve areas and lakes totaling nearly 1,500 acres, and 33 acres (approximately 325,000 square feet) of commercially designated land. Additionally, the project plan includes provisions for an internally accessed club center of approximately 60,000 square feet which will provide for administrative offices, fitness center, restaurant and various recreational amenities, and will include separate club house facilities designed around both golf and tennis centers, Should the property remain agriculturally designated and zoned, a mixed use development would not be permissible nor would said project be internally linked to adjacent development, allowing for shared access and use ofpwject amenities, or internal convenience commercial uses. To be developed as part of the Fiddler's Creek master plan permits the project area to be designed in a manner which permits regional benefits to Collier County in the form of an extensive surface water management system to aid in area-wide stormwater control. Additionally, these intended surface water management systen~ impwvements help achieve' environmental benefits by controllin fi'~'~'~/~'~g~n ...... discharges to the adjoining Rookery Bay ~. ~'~ 1 P~. z.~ Indicator #12: Results in poor accessibility among linked or related land uses. Staff Response: The subject property, once included in the Fiddler's Creek DRI/PUD will be internally linked with the balance of the project through an extensive roadway, open space, pedestrian trail, and bike-way network. External project access points are · located on beth S.IL 951 and U.S. 41 East, which permit easy access to nearby schools, the Collier-Seminole State Park, regional shopping facilities located within one mile of the project, and shopping and recreational opportunities on nearby Marco Island. This property is within 2.5 miles of one of Collier County's designated commercial activity centers, and once formally amended to become part of the Fiddler's Creek DRIfPUD will be within approximately 1 mile of an activity center. Activity center #18 is located at the intersection of S.R. 951 and U.S. 41 and contains 122.33 acres of commercially designated land. A portion of the Lely Resort DRI/PUD is located within this activity center. This project alone contains provisions for up to 133 acres and 1,135,000 square feet of general commercial space. This project also includes the Collier Campus of the Edison Community College. This activity center is the southern and easternmost activity center in Collier County, and is at least 3 miles from the nearest activity center. This activity center serves an urban area which extends to the south and east to approximately 3.5 miles and will service an area comprising a population ofsome 40,000 people. In addition to the activity center commercial, there area 50-plus acres of commercially zoned land between the subject site and the activity center along the U.S. 41 corridor. Along the S.R. 951 corridor, this property is within approximately 1 mile of a 130,000 square foot specialty shopping center, easily accessible to future residents of Fiddler's Creek via 4--lane S.R. 951. Staff Analysis Staff has assembled additional data and analysis to address the above sprawl criteria and again reviewed the subject Plan amendment in conjunction with the companion DRI Development Order Amendment and PUD amendment. Additionally, staff has prepared an existing land use and density map for the U.S. 41 corridor from the U.S. 41/S.R. 951 intersection east to the Collier Seminole State Park which highlights that over 1,500 dwelling units are currently permitted along this corridor outside the Urban Boundary. The map also graphically indicates that an urban land use pattern presently exists on properfi~ to the north and east of subject site including travel trailer pm'ks, commercially zoned land, industrial zoned land, and the Boyne South Golf Coume platted at a density of three dwelling units per acre. Staff has also reviewed the proposed amendment in conjunction with other elements of the Growth Management Plan and determined that the proposed amendment is also internally consistent with the Collier County Growth Mamgement Plan. Environmental Imnact$: The subject site is an active agricultural site, which does include some wetlands. Based on the amended text language, a maximum of 10 acres of jurisdictional wetlands may be impacted by development in this area of the more than 450 acres of wetlands on the site. Drainage system improvements will also benefit nearby wetland systems. The project developer also committed at the CCPC hearing that the area of the existing PUD known as the "Peninsula", which consists of approximately 63 acres would be placed in a conservation easement and would not be developed with residential dwellings. Effect on Hi~ Range Population Projections: The amendment does not increase the number of dwelling units above the vested 6,000 dwellings already authorized in the Fiddler's Creek DRI/PUD. In fact, this amendment eliminates a total of 277 dwellings outside the Urban boundary, thereby reducing potential population in the County. Public Facilities Impact.s: several reasons including: Public facilities are not impacted by the amendment for No new access points are created to serve the project and therefore it has no impact on the level of service for external roadways. The site is within the Collier County water and sewer district boundary. There are no impacts to any other facility having LOS standards. Regional water management improvements will be realized through completion of a spreader swale system and dedication of drainage easements through the project. These surface water management system improvements also create environmental enhancements through restoration of historic drainage patterns which will enhance downstream wetlands of the Rookery Bay system. In summary, staff is confident the three sprawl indicators have been adequately addressed and that the proposed text amendment to realloeate dwelling units bom the existing Fiddler's Creek DRI/PUD into portions of Agricultural/Rural area does not constitute urban ~rawl or establish precedent for similar projects to reallocate dwellings to areas outside the Urban area. FISCAL IMPACT: impact to Collier County. This Comprehensive Plan amendment has no direct fiscal GROWTH MANAGEMENT IMPACT: The proposed text amendment will have no impact on any facility having a level of service requirement and the subject amendment is internally consistent with other elements of the Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on February 5, 1998 and unanimously (vote 8-0) recommended that the Board of County Commissioners adopt the pr ~posc~~ amendment. FEB 2 4 1998 Prep~ by: DONALD W. ARNOLD, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION FEB 2 t 1998 AGENDA ITEM MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT DATE: JANUARY 14, 1997 CP-97-3, PROPOSED ADOPTION OF TEXT AMENDMENT TO THE GROWTH MANAGEMENT PLAN PERTAINING TO FIDDLER'S CREEK PORTION OF THE MARCO SHORES DRI (ADOPTION AGENT/APPLICANT: Agent: George L. Vamadoe Young, vanAssenderp & Vamadoe, P.A. P.O. Box 7907 Naples, Fl 34101-7907 Petitioner: D Y Associates Joint Venture 4001 North Tamiami Trail, Suite 350 Naples, Fl 34103 Owner: Gargiulo P.1L, Inc. 15000 Old U.S. 41 Naples, Fl 341 I0 GEOGRAPHIC LOCATION: The subject property, containing 1,385 acres, is located on the ~outh side of US41 East, 2~ miles east of SR-95 I. The site abuts the east side of the Fiddler's Creek portion of the Maxco Shores PUl)fl)PI (A/K/A Marco Shores Unit 30) and is in the Royal Fakapalm Plznning Community. (Please see location map on the following page.) REQUESTED ACTION: This petition seeks to adopt an amendment to the Future Land Use Element (FLUE) to allow a reallocation of an unspecified number of dwelling units in the existing approved Fiddler's Creek/Marco Shores PUD/DRI, located in the Urban and Urban Residential Fringe designated areas, into certain lands totaling 1,385 acres to b~ ad ted ~/) FEB 2 4 1998 _ PUD/DR.I, located in the Agricultural/Rural area. The proposed text change is to the Agricultural/Rural Designation, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict, Paragraph A.I., page LU-I-39, as follows: (proposed text is underlined) A. Agricultural/Rural - Mixed Use District 1. Agricultural/Residential Subdistrict The purpose of this Subdistrict is to protect and encourage agricultural activities while providing for Iow density residential use La outlying ~reas. Residential land uses may be allowed at a maximmn density of I unit per 5 gross acres. Existint units approved for the Fiddler's Creek DR/ may be reallocated to those pans of Sections 18 and )9, Township 51 South, Range 27 East added to Fiddler's Creek DR/toeether with part of Section 29, Towns.hip 51 South, Range 27 East, at '~ density greater than 1 unit per 5 gross acres provided that no new units are added tO the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DR/~ and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DR.Ii and further provided that South Florida Water Management District jurisdiction wetland~ impacted by the DR/in said Sections do not exceed I0 acre~_ DCA OBJECTIONS AND RECOMMENDATIONS: This amendment language was recommended for transmittal to the Department of Community Affairs (DCA) by the Collier County Planning Commission and Board of County Commissioners. The petitioner requested an Objection, Recommendation, and Comment Report from the DCA. The DCA issued this report on December 19, 1997 in which it identified one objection to the proposed amendment due to its £ailure to d~qmm~lrate sufficient data and analysis that it would not cott~lttute urban sprawl, specifically in response to three of the thirteen indicators of sprawl identified in Rule 9J- 5. The specific DCA objection and recommendation states: Objection: The proposed amendment fails to demonstrate through data and analysis that it would not constitute urban sprawl by not promoting, allowing or designating single-use development in excess of need. Additionally the amendment results in poor accessibility among linked or related uses and the amendment does not encourage an attractive and functional mix of uses. Specifically, the relationship of non-residential uses proximate to the residential to service the residential uses. [Section 163.3177(6), and (8), Rules 9J- 5.005(2), 93-5.006(3) Co)8, (5), and (5) (g), l, I l and Reconuaend tio.: Demotm'rate through the provision of ysh ~~ dt~a~ ~e ~oltf~et~ of ~aa sp~wl by n~ promoting, ailing or d~i~ting single use developmmt in excess of need. Additionally d~on~ FEB 2 4 1998 does not result in poor accessibility among linked or related uses and that the amendment encourages an attractive and functional mix of uses. Consistency with State and Regional Comprehensive Plans: The proposed amendment is inconsistent with the following policies of the State Comprehensive Plan (Chapter 157, F.S.) 16.1' to promote development and redevelopment activities which encourage efficient development in areas which have the capacity to service new population and commerce. 16.3: to enhance the livability of urban areas through encouragement of an attractive and functional mix of living, working, shopping, and recreational activities. STAFF RESPONSE TO DCA OBJECTIONS AND RECOMMENDATIONS'.. Staffs analysis of this proposed amendment during the transmittal hearings indicated that a review of the State's sprawl criteria had been completed, and determined by staff that none of the thirteen indicators of sprawl were present in this amendment. Staff indicated its basis for this finding was guided in part by the fact that the subject property was contiguous to urban zoned land (Boyne South), was located within the Collier County Water/Sewer District, existing land use and zoning patterns indicate more intensely zoned and developed residential development to the north and east of the subject site, resulting open spaces are increased, actual dwelling units outside the urban boundary are reduced by 277 units, regional stormwater enhancements are realized through on-site retention of surface water and construction ora spreader swale prior to discharge to the Rookery Bay system, and the amendment did not result in any LOS issues or increase demand for water, sewer or infrastructure. In addition to the above findings, staff has assembled additional data and analysis to address the DCA's objection concerning three of the thirteen indicators of urban sprawl. The DCA has determined that the presence of sprawl indicators may indicate that the amendment fails to discourage urban sprawl. It is important to note that Rule 9I-5 states that the DCA must review the amendment in the context of the characteristics of the community. Further the Rule.states that a plan amendment shall not be found in non- .compliance due to preexisting indicators if the amendment does not exacerbate existing indicators of sprawl within the jurisdiction. The three specific indicators of sprawl not supported by appropriate data and analysis are: Indicator #1: Promotes, allows, or designates for development substantial areas of the ]urisdicltton to develop as low-Intensity, Iow-den-.lty, or single-use development or uses in excess of demonstrated need. .~ J~.} ~ FEB g 4, 1998 Staff Response: The subject property consisting of 1,385 acres, represents less than one-tenth of one percent (.1%) of the land area of Collier County. It is staff's opinion that this amendment does not promote, allow or designate substantial areas of Collier County for [low density or single-use] development. With respect to the issue of the proposed amendment promoting or allowing development in excess of demonstrated need, staff suggests that the proposed amendment does not increase residential development in this area, but merely reallocates a portion of the project's previously approved 6,000 dwelling units fi.om adjacent property, which results in an actual reduction in authorized dwelling units on the subject property by 277 dwellings.. The resulting.gross project density of 1.6 dwelling units per acre actually represents a more appropriate project density to receive the available water and sewer services. Indicator #11: Falls to encourage an attractive and functional mix of uses. Staff Response: The subject property is intended to be included within the Fiddler's Creek DRI/PUD for a total project master plan area of 3,764 acres. This project is a mixed use development consisting of 6,000 dwelling units of varying housing types, two park sites totaling 128 acres, 635 acres of golf course, preserve areas and lakes totaling nearly 1,500 acres, and 33 acres (approximately 325,000 square feet) of commercially designated land. Additionally, the project plan includes provisions for an internally accessed club center of approximately 60,000 square feet which will provide for administrative offices, fitness center, restaurant and various recreational amenities, and will include separate club house facilities designed around both golfaud tennis centers. Should the property remain agriculturally designated and zoned, a mixed use development would not be permissible nor would said project be internally linked to adjacent development, allowing for shared access and use of project amenities, or internal convenience commercial uses. To be developed as part of the Fiddler's Creek master plan permits the project area to be designed in a manner which permits regional benefits to Collier County in the form of an extensive surface water management system to aid in area-wide stormwater control. Additionally, these intended surface water management system improvements help achieve environmental benefits by controlling fi'eshwater discharges to the adjoining Rookery Bay area. Indicator #12: Results In poor accessibility among Hnked or related land uses. Staff Response: The subject property, once included in the Fiddler's Creek DRI/PUD will be internally linked with the balance of the project through an extensive roadway, open space, pedestrian trail, and bike-way network. External project access points are located on both S.R. 951 and U.S. 41 East, which permit easy access to nearby schools, the Collier-Seminole State Park, regional shopping facilities located within one mile of the project, and shopping and recreational opportunities on nearby Marco This prop,.-ny is within 2.5 miles of one of Collier County's designated commercial activity cch:ers, and once formally amended to become pan of the Fiddler's Creek DRI/P~ wid be within approximately I mile of an activity center. Activity center #18 is located at ti,e intersection of S.R. 951 and U.S. 41 and contains 122.33 acres of commercially designated land. A portion of the Lely Resort DRI/PUD is located within this activity center. This project alone contains provisions for up to 133 acres and 1,135,000 square feet of general commercial space. This project also includes the Colli~ Campus of the Edison Community College. This activity center is the southern and easternmost activity center in Collier County, and is at least 3 miles from the nearest activity center. This activity center serves an urban area which extends to the south and cast to approximately 3.5 miles and will service an area of comprising a population of some 40,000 people. In addition to the activity center commercial, there area 50-plus acres of commercially zoned land between the subject site and the activity center along the U.S. 41 corridor. Along the S.R. 951 corridor, this property is within approximately 1 mile of a 130,000 square foot specialty shopping center, easily accessible to future residents of Fiddler's Creek via g-lane S.R. 951. SURROUNDING LAND USE, ZONING AND FUTURE DESIGNATION: LAND I, IS F. Subject Site: The site contains active farm fields and undeveloped lands, including wetlands, and is zoned A, Rural Agricultural. The property is designated Agricultural/Rural (Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict) on the Future Land Use Map. Surrounding Lands: North - Across US-41 East, farm fields zoned A, Rural Agricultural; concrete plant zoned I, Industrial; undeveloped land zoned TTRVC, Travel Trailer Recreational Vehicle Campground, C-4, General Commercial, and C-5, Heavy Commercial. Abutting in Section 20, sparse single family dwellings around a golf course zoned RSF-3, Residential Single Family and CC, Golf Course; undeveloped land zoned A, Rural Agricultural. Ali designated Agricultural/Rural, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict. (NOTE: Approximately 1,500 dwelling units are currently permitted in areas north and east of the Fidder's Creek project on land currently zoned and/or developed, and currently outside the County's urban boundary.) ^G ^, FEB 2 4, 1998 East Mobile home park zoned VtL Village Residential; undeveloped land zoned A, Rural Agricultural. All designated Agricultural/Rural, Agriculnu'al/Rural - Mixed Use District, Agricultural/Residential Subdistrict. South - Excavation pit zoned A, Rural Agricultural with a conditional use; undeveloped land (wetlands) zoned A, Rural Agricultural. All designaled Agricultural/Rural, Agricultural/Rural - Mixed Use District, Agricultural/Residential Subdistrict. Active and fallow farm fields zoned PUD, Planned Unit Development (Fiddler's Creek/Marco Shores, permits +_34 acres of commercial uses; 6,000 dwelling units at a density of 2.$$ DU/A; golf come; preserve areas; parks; school site; associated utilities, lakes, etc.). Designated Urban, Urban - Mixed Use District, Urban Coastal Fringe Subdistrict and Urban Residential Fringe Subdistrict. STAFF. ANALYSIS: Environmental Impacq;: The site presently contains active agricultural fields and a variety of habitats, including some wetland areas totaling some 375+ acres. Environmentally sensitive habitats on site will be preserved and enhanced through site design and dedicated preserve areas. The wetland areas are subject to USACOE and DEP jurisdictional determinations and regulations. The EIS indicates the presence of some listed plant and animal species, including Bald Eagle and Gopher Tortoise. The site is not in close proximity to any wellfields or cones of influence. Enhancements to the Rookery Bay system will be realized through completion of the spreader swale system which will regulate stormwater discharges to this system. Effect on Hirsh Ramze Pooulation Proiection-~: Pursuant to CIE Policy 1.1.2, a significant impact in population is defined as a potential increase in county-wide population by more than 5% of the BEBR (Bureau of Economic and Business Research) high range projections. This petition does not increase the number of dwelling units. Therefore, population in the County is not increasing. The amendment eliminates 277 potential new dwelling units (1,385 acres/l DU per ;5 acres '- 277 DUs). However, this petition does result in a redistribution of population from the Urban designated area into the Agricultural/Rural designated area. public Facilities Impacts: Because this petition will not increase the number of dwelling units to be built in the Fiddler's Creek/Marco Shores PUD as a whole, and no new access points are proposed onto external roads, there should be no increased impacts upon LOS standards for any of the following public facilities: potable water, sanitary sewer, drainage, solid waste, arterial and collector roads, or parks and recreation. The subject acreage Collier County water/sewer service area. The subject request is not a reallocation of DUs within the Urban area - it is a reallocation from the Urban area to the Agricultural/Rural area. This transfer of dwelling units (and population) from the Urban area to the Rural area could be perceived to blur the distinction between the Urban and Rural designated areas. However, properties further to the easi are developed at greater project densities than the Fiddler's Creek project (i.e. Bo~e South at 3 dwellings per a~re). Failure to provide a clear separation between rural and urban uses is an indicator of urban sprawl. The subject site is witltin a corridor in which there is no clear distinction indicating a transition from urban to rural designated lands given the existing zoning and development patterns. The Comprehensive Plan in effect prior the current Plan, included the subject site wiflgn the Urban Designation. The existing Fiddler's Creek DRI/PUD which this property will be included within;, is a mixed use project which is within Urban Designated lands on the Fu~m'e Land Use Map and provides internal convenience commercial facilities as well as additional commercial and office space immediately adjacent to the project. The proposed PUD rezone/amendment petition, dependent upon this GMP amendment, will add the subject 1,385 acres to the existing 2,379 acre Fiddler's Creek/Marco Shores PUD, a 58% expansion in land area. The resulting density change is from 2.55 DU/A to 1.6 DU/A. This proposed text amendment is restrictive enough that a reallocation of dwelling units from the Urban area to the Rural area is limited to the Fiddler's Creek/Marco Shores PUD only. In summary, it is staff's opinion that the subject amendment does not promote urban sprawl nor set a precedent for similar plan amendments. Staff has also completed a comprehensive review of the proposed amendment and determined that no level of service impacts will result from the amendment and that regional drainage will be cnlm~..ed fl3rou~J project development. Additionally, I~e existing dcv¢lopmeflt m3d :,ontng pattern along U.S. 41 in the vicinity of the project is indicative that the Urban boundary once encompassed this area, as development at true urban densities exist to thc east and north of the subject parcel. The parcel is also within the Collier County water and sewer service district boundaries and is therefore not remote fi'om urban services. STAFF RECOMMENDATION: That the CC'PC forward Petition CP-97-3 to the BCC with a recommendation to adopt this amendment and transmit this Petition to the Florida Department of Community Affairs. FEB 2 4 1998 PREPAREDB 'Y~' \J~~ DATE:, Donald W. Arnold, AICP Plamxing Services Depar~ent Director APPROVED BY: "~~~ )ATE'~~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Div. Petition Number: CP-97-3 StaffReport for February 5, 1998 CCPC meeting. NOTE: This petition has been advertised for the February 24, 1998 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN CP-97-3 Staff Re~rt F'~dler's Creek OWNER/AGENT: FEB ~ 4 19981 l P, /.-~ _...I ? 11 20 ~5 22 2B ~2 44 ORDINANCE NO. gS-_.. AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05. AS AMENDED. THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. FOR THE UNINCORPORATED AREA OF COMJER COUNTY. FLORIDA, BY AMENDING AGRICULTURAL/RESIDENTiAL SUBOISTRICT OF THE AGRICULTURAl/RURAL - MIXED USE DISTRICT OF THE AGRJCU[.~ DESIGNATION OF THE FUTURE LANO USE DESIGNATION DESC:RI~ SECT1ON BY ALLOWING A REALLOCATION OF AN UNSPECIFIED NUMBER OF DWELLING FROM THE FIDDLER'S CREEK DRI. LOCATED IN THE URBAN COASTAL FRINGE SUBOISTRICT URBAN RESIDENTIAL FRINGE SUBDlSTRICT OF THE URBAN - MIXED USE DISTRICT OF URBAN DESIGNATION. TO CERTAIN LANDS ADDED TO THE FIDDLER'S CREEK PUD. LOCATED IN THE AGRICULTURAL/RESIDENTIAL SUBDISTRICT. IN EXCESS OF ONE DWELUNG UNIT PER FIVE ACRES; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. l~e Board of County Commissioners adop~d ~ ColOr County Growth Management Plan off Janua~ 10. 1989; and WHEREAS. George Vamadoe. of Young. van Asaenderp and Vamedce. P,~.. representing DY AssOCiates Joint Venb~e. co~tmct pumhaser, tins mJbmlltad an application to It~ Collier County Planning Sewicss Deparlment to amend ~ Future Land Use Element of ~ Growth Management Plan by allowing mallocetiO~ of an unspecified nurnDer of dwelling unil~ in the existi ~ng approved Fiddler's ~ DRI to ceflain lands ad,ad t~ the Fiddler's Creek PUD. in excess of o~e ~ unit per five nct~s; and WHEREAS. Collier County did submit this Growlh Management Plan amendment WI-IEREAS. tt~ Depamnent of Community Affaim did review and make wflaen ol~ections to this Futura Land Use Element amendment to the Grow~ Martagement ~ and WHEREAS. Collier County has 120 days from r~ceipt of the wfitt~t ol:~ecltor~ frm'n ~ Department of Community AEatm to adopt, adopt with chamge~ or Ix~ adopt the proposed amendmem to ~ Growth Management Plan; and WHEREAS. the Board of CourW Commissic~ers of Collier C in l~e manner prescfit~ed by law and did ~ public hearings c~x:t AGENDA ITEM FEB 2 1998 [ this Future Land U~e Element amendment to It~ Grow~ Management Plan on 2 February 24, 1998; snd 3 tNHEREAS, all applicable sut:~sta~ and procedural re~ of law have 4 ~n m~; and S NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY ~. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, l~at: ,/ s ~[J~: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE 9 ELEMENT OF THE GROWTH MANAGEMENT PLAN. 10 []. The Board hereby actopts ~ amendment to lira Future Land Use [3 DeslgnaOon Description Section of It· Future Land Use Element of the Growth [s Management Plan, Agricultural/Rural Designation, Agricultural/Rural - Mixed Use [? Die.ct, Agricultural/Residential Subdistrlct, in sccordance with Section 163.3184, [9 Florida Statutes. The text of the amendment is attached hereto as Exhibit 'A° and 20 incorporated herein by reference. :2[ ,~: SEVERABIUTY. 22 If any phrase or portion of this Ordinance is held invalid or unconstitutional by any 2:] court of competent jurisdiction, such portk~ shall be deemed a separate, o'Istincl and 24, independent provision and suc~ holding shall not affect the validity of the remaining 2s po~on. 26 ,~: EFFECTIVE DATE. 21 The effectrve date of this amendment to the Futura Land Use Element shall be the 20 date a final order is issued by the Oopartrnent of Community Affairs or Adminislration 29 Commission §ndir, g l~e Element m compliance in accordance with Section 163.3184. :~ 0 [l~, whichever occu~ earlier. No development orders, development 3 [ permits, or land uses ctel)~ndent on this amendment may be issued or commence 32 before it has become effective. If a final order of noncompliance is issued by the 33 Administratk:m Comm~sion. this amendment may nevertheless be mede effective by 34 adoption of a Resolution affirming ~ effective status. · copy of which R~ shall 3s be sent to the Department of Community Afl·ia, Bureau of Local Planning. 2555 36 Shurnard Oaks Blvd.. 3'~ Floor, Tallahessee, Florida 32399-2100. 3 ? PASSED AND DULY ADOPTED by Ihs Board of 3,ounty Commis_!._.ionem of Collier 3 B County this clay of February, 1998. 40 4~ FEB 2 4 1998 2 ¢ $ ? ~0 ~S ~.? ~8 20 22 2~ ATTEST: DW1GHT E. BROCI~ CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAP. JQR~E M. STUDENT ASSlSTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSlONEE~ COLLIER COUNTY. FLORJDA BY: BARBARA B. BERRY CHAI~ EXHIBIT "A' Amend the existing Future Land Use Element of the Growth Management Plan to allow the realloc~tion of an unspecified number of dwelling u~its in the existing approv~ Fiddler's Creek DRI located in the Urban designated a~ea to certain lands added to the Fiddler's Creek PUD located in the Agricultural/Rural designated ~ in excess of one dwelling unit per f~ve acres. The proposed text change ia to the Agricultural/Rural Designation, Agricultm'al/Rural - Mixed Use District, Agriculnu'al/R~dential Subdistrict, Paragraph A. 1., page LU-I-39, as follows: A. Agriculmral~ural. Mixed Use Discric! 1. Agricultural/Residential SubdL~u'ict The propose of tl~ Subdis=~c! is to protect and encourage agricultural Kt/v/t/es while ptovicLi=g for low de=sity re~ideafial use in outlyi=g area. Residential Lind ~ may b~ allowed at a maximum de~ity of 1 unit per un~u avvroved for the Fiddler's Creek DRI may be rralloc~md to tbo~e varO of Sections 18 and 19. Tow~shiv 51 South. Range 27 Eas~ added to Fid~'s Cred,- DRI toaethtr with van of Sect/on 29. Townshfo 5] South. R~ee 27 Fast. a; 11 dens/tv ~'eater ~han I unit vet 5 eros$ acres vrovided that no new Unila ~re the 6.000 vrtv/ousl¥ awrov~d tmit~, which results in acre for the Fiddler's Creek DRI: and further vrovided aha! no re~/denfial m~its shall be located on ~at van of Section 29 within the Fiddler's Creek DRI: and fur~T vrovided that South Flor/da Water Manaecrn,:n! Distr/ct iurisdictio~ imwc~ed b~ the DRI in said Sections do not exceed ! 0 acres. Word~ underliner4 ate additions; Word~ ate deletions. FEB 2 4 1998 Pa./? -_ DEPARTMENT 'Helping Floridians create safe, STATE OF FLORIDA OF COMMUNITY AFFAIRS vibrant, sustainable communities' December 19, 1997 The Honorablt..T. imothy L. Hancock, Chairman Collier County Board of County Commissioners 2800 Nonh Horseshoe Drive Naples, Florida 33942 Dear Chairman Hancock: The Department has completed its review of the proposed Comprehensive Plan Amendment for Collier County (DCA No. 98-D1), which was received on October 24, 1997. Copies ofthe proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. I am enclosing the Objections, Recommendations and Comments (ORC) Report, issued pursuant to Rule 9,1-11.010, Florida Administrative Code (I:'.A.C.). The issues identified in this ORC Report include the lack of additional analysis. It is very important that the adopted plan amendment address this issue, and all of the objections in the Department's ORC Report. Upon receipt of this letter, Collier County has 60 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, Florida Statutes (F.S.), and Rule 95-11.011, F.A.C. The County must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(a), Within ten working days of the date of adoption, the County must submit the following to the Department: 2S5S $HUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 323' Phone: 8S0.488.84661Suncom 278.8466 FAX: 850.g21.07811Suncom 291.0 Internet address: http://www.state.fl.us/comaff/dca.html T~t O~evm ~,~,~. ~ l~l 1SSbd~ FEB 2 4:1998 The Honorable Timothy L. Hancock December 19, 1997 Page Two Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's ORC Report. The above amendment and documentation are required ['or the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of'intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9I-11.011($), F.A.C., please provide a copy ofthe adopted amendment directly to the Executive Director of the Southwest Florida Regional Planning Council. Please contact Steve Atkins, Planner IV, Roger Wilbum, Community Program Admlnis- trator or Charlie Gauthier, AICP Grovah Management Administrator, at (SS0) 487..4545 if'we can be of assistance as you formulate your response to this Report. Sincerely, JTB/saj Enclosures: Review Agency Comments J. Thomas Beck, Chief Bureau of Local Planning Vincent A. Cautero, AICP, Administrator Wayne E. Daltry, Executive Director, Southwest Florida Regional Planning Council FEB 1998 DEPARTlVIENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR ~COLLIER COUNTY Amendment 98-D 1 December 19, 1997 Division of Resource Planning , and Management Bureau of'Local Planning Thls rrpon is pr~-p&-ed punu~ to Rule 95.11.010 FEB 2 ~t 1998 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the Collier County proposed amendment to their comprehensive plan pursuant to s. 163.3184, Florida Statutes (T.S.). Objections relate to specific requirements of relevant portions of Chapter 9.1-5, Florida Administrative Code ('F.A.C.), and Chapter 163, Pan II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these ob. iections may have inhially been ~sed by one of the other external review agencies. If there is a dLq'erence be~een the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resub~tted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. Ifthat is the case, a statement justlS/ing its non-applicability pursuant to Rule 9,1-$.002(2), F.A.C., must be submitted. The Department will make a determination on the · non-applicability of the requirement, and if the justification is sut~cient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases or' Departmental objections unless they appear under the "Objections" heading in this report. FEB 2 1998 P;. Collier County Proposed Amendment 98-D1 Objection, Recommendations, and Comments December 31, 1997 Objection: The proposed amendment fails to demonstrate through data and analysis that it would not constitute urban sprawl by not promoting, allowing or designating single use development in excess of need. Additionally the amendment remits in poor accessibility among linked or related uses and the amendment does not encourages an attractive and functional mix of uses.. Specitically, the relationship of'non-residential uses proximate to the residential to service the residential uses. [Section 163.3177(6), and (8)., Rules 9I-$.005(2), 9I-$.006(3)(b)8., (5), and ($)(g) 1, 11, and 12)3. Recommendation: Demonstrate through the provision of data and analysis that the amendment discourages the proliferation of urban sprawl by not promoting, allowing or designating single use development in excess of need. Additionally demonstrate that it does not remit in poor accessibility among linked or related uses and that the amendment encourages an attractive and functional mix of uses. CONSISTENCY WITH STATE AND REGIONAL COMPKEHENSIVE PLANS The proposed amendment is inconsistent with the following policies of the State Comprehensive Plan (Chapter 187, F.S.): 16.1: to promote development and redevelopment activities which encourage efficient development in areas which have the capacity to service new population and commerce. 16.3: to enhance the livability of urban areas through encouragement of an attractive and functional mix of living, working, shopping, and recreational activities. FEB 2 4 1998 Southwest Florida Rcgional Planning Council 4980 Ba'~. linc Drive, ,~th Floor, N. Ft. ,Myers, FL 83917-3909 (9-tl) P.O. Ba~ 3~$,~. N. Ft. .M.rers, FL 33918-3~5 SI...~COM 7~9-7720 FAX 9~1-6~-772~ Novcmbcr 24, 1997 Mr. D. Ray Eubanks Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Collier County/CP-97-3 Dear Mr. Eubanks: The staffofthe Southwest Florida Regional Planning Council has reviewed a proposed amendment to the Comprehensive Plan of Collier County. That review was performed according to the requirements of'the Local Government Comprehensive Plannlng and Land Development Regulation Act. A copy of'the SWFRPC staffrecommendations is attached. This matter will be reviewed by Council at its meeting on December 18, 1997. Additionally, staffhas reviewed the proposed amendments for regionally unique issues (Attachment V). Sincerely, SOUTI-IV,~EST FLORiDA REGIONAL PLANNING COUNCIL ,,/.Wayne E. Dahry Executive Director Attachments cc: Ms. Barbara Cacchione. Collier Count)' Comprehensive Planning Section I: A~lenda Item LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT COLLIER COUNTY (A synopsis of the rlK:luirements of the Act and Council rlsponNbl]it~l is provided.Is Attach~nt I.) Relevant regional goals am pr~mntsd In the review ~ in A,tt;~:hme~ II. Comme~ are provided in Altachment III. A map that shows the location of the ama affected by It~ amendment is found in Attachment IV. Staff review of the proposed amendment was based on whether it was likely to be of regional concern. This was determined through assessment of the following factors: Location-in o~ near a regional resource or regional activity center, on or within two mile~ of a county boundm7; generally apprmd to sites of five acres or more; size alone is not necessarily · determinant of regional significance; 2. Magnitude-equal to or greater than 80% of the county threshold for a development of regional Impact of the ~ame type (a DRl-related amendment is considered regionally significant); and 3. Character-of a unique type or use, directly identified as a use of regional significance, or · change in the local comprehensive plan that could be applied throughout the local jurisdiction. A summery of the results of the review follows: Proposed Factors of Regional Significance Amendment ~ Ma_onitude Cha~cter Fiddler's Creek DRI yes yes no yes RECOMMENDED ACTION: Approve staff comments. Authorize staff to focward comments to the Department of Community Affair~ and Collier County. FEB 2 ,( 1998 LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT Local Government Comorehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan. that must include at least the following nine elements: 1. Future land use element; 2. Traffic circulation element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [9J-5.019(1), FAC] 3. General sanitary sewer, solid waste, drainage, and potable water and natural groundwater aquifer recharge element; 4. Conservation element; 5. Recreation and open space element; 6. Housing element; 7. Coastal management element for coastal jurisdictions; 8. Intergovernmental coordination element; and 9. Capital improvements element. The local govemment may add optional elemerlts (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local govemmen!s in Southwest Florida have adopted revised plans: Charlotte County, Punta Gorda Collier County, Everglades City, Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Cape Coral, Fort Myers, Fort Myers Beach', Sanibel Sarasota County, I.ongboat Key, North Port, Sarasota, Venice Comprehensive Plan Amendments A local government may amend its plan twice a year. (Amendments related to developments of regional impact, certain small developments, compliance agreements, and the Job Siting Act are not restricted by this limitation.) I Attachment I, Pa~le I I FEB 2 ~ 1998 Po. ~7 .,._... Agend~ Item I Attachment I Skx copies of the amendment are sent to the Department of Community Affairs for review. A copy is also sent to the regional planning council, the water management district, the Florida Department of Transportation, and the Florida Department of Environmental Protection. [s. 183.3184(3)(a)] The proposed amendment will be reviewed by DCA in two situations. In the first,' there must be a written request to DCA. The request for review must be received within forty-five days after transmittal of the proposed amendment. [s. 163.3184(6)(a)] Review can be requested by one of the following: the local government that transmits the amendment, the regional planning council, or an affected person. In the second situation, DCA can decide to review the proposed amendment without a request. In that case, DCA must give notice within thirty days of transmittal. [(s. 163.3184(6)(b)] Within five working days after deciding to conduct a review, DCA must forward copies to various'reviewing agencies, including the regional planning council. [s. 163.3184(4)] Reoional Plannino Council Review The regional planning council must submit its comments in writing within thirty days of receipt of the proposed amendment from DCA. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the regional planning council must be limited to "effects on regional resources or facilities identified in the strategic regional policy plan and extrajurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government." [s. 163.3184(5)] After receipt of comments from the regional planning council and other reviewing agencies, DCA has thirty days to conduct its own review and determine compliance with state law. Within that thirty-day period, DCA transmits its written comments to the local government. As a newly incorporated local government, Fort Myers Beach must establish a local planning agency within one year after incorporation, and prepare and adopt a comprehensive plan within three years after the date of incorporation. A county comprehensive plan shall be deemed controlling until the municipality adopts a comprehensive plan. (s. 163.3167(4), Florida Statutes) NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF THE LAW. STATUTE (CH. 163, FS) AND THE RULE (9J-11, FAC) FOR DF I Attachment I, Parle2 I REFER TO THE !TAIl .~ FEB 2 4 1998 Collier County Comprehensive Plan Amendment (Fiddler's Creek DRI) Local Plan Review List for SWFRPC Goals Economic Development Goal 11-6: All local governments will eliminate deficiencies in public facilities and services and establish property financed maintenance schedules. Emergency Preparedness Goal iil-5: Projected evacuation times will be regularly reduced from 1985 levels, and by 2010, evacuation times will not exceed 18 hours in any part of the region. Natural Resources Goal IV-6: All effluent will meet or be better than all pertinent state water quality standards. Natural Resources Goal IV-8: Declining trends in quality reverse due to the restoration efforts. and quantity of coastal resources will success of pollution control measures and yes yes yes yes Furthers the Regional Plan if the stated issues are adequately addressed. Comments in the next attachment. Attachment Il, Page FEB 2 4 1998 Agenda Item At~chment III SWFRPC COMMENTS Collier County Comprehensive Plan Amendment Pro=osed Amendment to the Future Land Use Element Background and Purpose The purpose of this proposed amendment is to make the Fiddler's Creek DRI consistent with the Collier County Comprehensive Plan. The amendment is necessary in order to allow the reallocation of an unspecif'~d number of the 6,000 dwelling units approved in the existing Fiddler's Creek DRI, which are located in an urban-designated area, to a 1,385- acre area currently designated as 'Ag~ultural/Rurai'. Densities in the Agricultural/Rural area will exceed the maximum allowable density of one (1) unit per five (5) acres now permitted by the Collier County Comprehensive Plan. (The information in this report is based on the amendment package from Collier County.) The application has been thoroughly reviewed by the staff of the Collier County Community Development Services Division and-in their review of the Notice of Proposed Change- by the DRI staff of the Southwest Florida Regional Planning Council, neither of whom have identified any serious concerns. SWFRPC staff cited five concerns-wetlands, stormwater management, transportation, hurricane evacuation, and agricultural production-but concluded that 'the proposed change does not create additional regional impact and that the proposed amendment must be subject to a finding of consistency with the Local Government Comprehensive Plan by the Collier County Board of County Commissioners.' SWFRPC staff has no additional concerns which need to be addressed at this time. Fiddler's Creek, which was originally a Deitona project, has had DRI status since 1984. The applicant proposes no change in acreage from the approved Notice of Proposed Change. The original development order allowed 9,110 dwelling units on Unit 30. Densities have been progressively reduced by a series of subsequent amendments. A 1986 amendment added the 600+ dwelling unit Unit 31, but it did not increase the overall number of permitted dwelling units. (The SWFRPC staff report for the Council meeting of September 18, 1997 is attached. It contains a detailed summary of the long history of this development.) The Fiddler's Creek project lies within, Or is adjacent to, the Urban Service Area. The land which the applicant proposes to add to the Urban Service Area (U~ :A) ~,=~ ;n~,h,~,,,~ FEB 2 1998 p.. ,..30 Agenda Item Attachment III in the USA prior to the revisions to the Collier County Comprehensive Plan which were adopted in 1989. Some scattered development has taken place in the immediate vicinity, but probably not enough to qualify this project as 'infili'. Staff agrees with Collier County staff, and with the applicant, that ~is project would not create or promote urban sprawl. Collier-Seminole State Park constitutes an impenetrable barrier to the south, and other environmental land acquisition efforts nearby assure that land development will not be uncontrolled. The applicant is taking the extraordinary step of creating a community development district (CDD) to fund the extension of infrastructure and services. This action should assure that growth will be mitigated in an orderly manner. Regional Significance The proposed amendment meets two of the three criteria (location and magnitude) for regional significance. SWFRPC Staff Concerns If adopted, the proposed amendment likely would have positive impacts on a variety of subjects, including public facilities and services, emergency preparedness, natural resources, and transportation. R~. glonal Goals The adoption of this amendment could have positive impacts on the provision of public facilities and services. The subject is addressed under Economic Development Goal !1-6. The regional goal is: All local governments will eliminate deficiencies in public facilities and services and establish properly financed maintenance schedules. The area that would be affected by the proposed amendment could be subject to flooding in a tropical storm, storm category 1. or storm category 2 as mapped by SVVFRPC. Hurricane evacuation is addressed in the staff report for the Notice of Pro =osed Chan¢ and in Emergency Preparedness Goal 111-5: IAttachmant II!, Page 2 I Aglndl lttm I Attachment I!1 Projected evacuation times will be regularly reduced from 1985 levels, and by 2010, evacuation times will not exceed 18 hours in any part of the region. Capital improvements planning could have positive impacts on natural resources. The' subject is addressed under Natural Resources Goal IV-6. The regional goal is: All effluent will meet or be better than all pertinent state water quality standards. The subject is also addressed under Natural Resources Goal IV-8. The regional goal is: Declining trends in quality and quantity of coastal resources will reverse due to the success of pollution control measures and restoration efforts. As noted above, the Community Development District (CDD) should provide a good vehicle for the extension and maintenance of infrastructure. Consistency The proposed amendment to the Collier County Comprehensive Plan is consistent with the Strategic Regional Policy Plan of the Southwest Florida Regional Planning Council. This review is based on information provided by Collier County. It covers only the amendment, not other applications that could be made. This is not a recommendation of approval or disapproval or consistency or inconsistency for other cases in which this. amendment might be applied. The comments offered here do not limit or restrict the comments that could be provided and the conclusions that might be reached by SWFRPC as a part of the DRI process. IAttachment I11, Page A~F. NDAIT~MI FEB 2 4~ 1998 IAgend~ Item Attachment IV SARASOTA CO. CHARLOTTE CO. LEE COUNTY GI.ADES COUNTY HENDRY COUNTY GULF OF MEXICO COLLIER COUNTY 12 u.rS SITE FIDDLER'S CREEK SOUTHWEST FLORIDA DRI REGION ,,:. ,-,/,¥ r,/a'~ FEB2~1998 J Agenda Item J Attachment V Review for Regionally Unique Issues Collier County Comprehensive Plan Amendment Fiddler's Creek Issue a. The adequacy of the Intergovernmental Coordination Element. Comment: This issue is not applicable in the case of a DRI-based amendment. Issue b. Compatibility among local plans, especially reviewing plans for addressing infrastructure, sensitive natural resources, and drainageways that cross jurisdictional boundaries. Comment: See above. Issue c. Adequate treatment of affordable housing issues and designation of adequate sites for affordable housing, Comment: SWFRPC staff, in the review of the NOPC, found no significant housing issues for this increment. Issue d. Issues relating to urban sprawl, i. e., whether an adequate system to promote a separation of urban and rural uses is contained in the local plan. Comment: See Attachment III. Issue e. Adequacy of concurrency management systems. Comment: This does not apply. Issue f. Hurricane evacuation and shelter space issues. Comment: Hurricane evacuation concerns are addressed in the NOPC. I AttachmentV, Page 1 I FEB 2 4 1998 FIDDLER'S CREEK / MARCO SHORES DRI NOTICE OF PROPOSED CHANGE BACKGROU]qD Th~ Fiddler's Creek Development, or Unit 30, is a portion of a Larger Development of P.e~ional ~ Omown as 'Marco Shores'), located in southwe, stem Collier County, ~nd ia the vicinity of Marco Island (s~ Attachment I, "Loc.~on lV~p'). T]~ hrget DRI is unusual in that it includes a number of non-contiguous land development areas, which together were the subject of a law suit involving the origlr~! developer, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources (now both FDEP), the Florida Department of Community Aff. aL'~ (DCA), Collier County, and various private conservation organizations. The Settlement Agreement ending the law suit was entered into on Suly 20, 1982. On Sune 12, 1984, the Collier County Board of County Commlssioner~ approved the DP,.I Application for 'Unit 30, Isle of Capri Commercial And Kev Marco (Horr's Islam/) Ami Part of Marco Shores Phm~d development wg~{n three main arras. Thc areas and development approvals were as follows: 1) Unit 30:9,110 residential units (primarily multi-family), with parks, recreation areas, schools, utility sites, cornrntmity facilities, churches, lakes and roads; all on 1,645.91 ~I'~S. 2) Isle of Capri Commercial Area: neighborhood commercial uses (unsl~ecified); located on 7.44 acres. 3) Key Marco/Horfs Island: 300 multi-family units, with parks and recreation areas; all on 212.89 acres. A fourth area, known as The Goodland Marina, was included within the Settlement Agreement, but was not originally part of the DRI. Later changes to the DRI (see below) added a 150-room hotel, restaurant and tnility site to the Isle of Capri Commercial Area, reduced the number of residential units with;n Unit 30 to 6,000 units, added a hotel/resort ~o Unit 30, and combined the marina with the remainder of the DKI. Regional staff believes that the entire Marco Shores Development is currently approved for the following development areas and uses: a) Unit 30 (approved for 6,000 units, on 1,689.11 acres, with a 33.6-acre commercial area containing 325,000 square feet of commercial space); b) Isle of Capri (approved for a 150-room hotel, accessory uses, a restaurant site and a utility site on 7.44 acres); c) Horr's Island (approved for 300 units on 212.89 acres); AGENDAfTEM~ No. IA/r"g ; [/ I FEB 2 4 1998 pa. ~ d) BarlSeld Bay Multi-Family (approved for 314 traits oa 49.04 e) Joha Steveas Creek (approved for 72 ~ on 14.~ ~); ~d M~ ( appmv~ for m~n, ~ on 15.83 ~). ~c Fi~s ~k ~oa of U~t 30 is ~ndy ~ ~~on for ~c PREVIOUS CHANGF~ Regional staff is uncemh regarding both the manner ia which and as to the amount of development ~, ua.s ~axen piece m these areas. Some approvals for development seem to have occm-r~ through administrative actions that were not tranm~tted lo the Southwest Florida Regional Planning Council for recording purposes. These adminis'a-ative actions were related lo cenzin D.O. rdpulations regarding ffraction,Ti~.,tion oftracts". The actions allowed the original DRI lo be broken up into the subdivisions listed above and also allowed the Goodlaad Mariaa lo be considered as part ofthe DRI. However, the following D.O. amendments have been adopted by Collier County. Resolution #g4-237, adopted by the Collier County Board of County Commissioner~ on December 11, 1984. The origi, m~l Marco Shores Development Order had beea appealed by the Florida Department of Community Affairs (DCA) base. d, primarily, on traffic concerns. This resolution authorized acceptance, by Collier C. ounty, of' thc Sculcment Agreement between the original developer (Dehona Corporation) and DCA. The amendment also contained revised transpor~tion language wh/ch: a. Included specific provisions for the mariner in which a subs'~tial deviation determination (NOPC review) could be requested by the Developer. The origi~ D.O. had not included specific provisions regarding substantial deviation reviews. b. Included a definition of *Substantial Impact" on the regional roadways impacted by the Marco Shores Development (primarily U.S. 41 and S.R. 951). c. Included a provision recognizing that the Florida Department of Transportation (FDOT) would require Hght-of-wav from the developer for expansion of U.S. 41 and S.R. 951. ' Resolution #88-117, approved by the Collier County Board of County Commissioners on Ma}- 24, 1988, amended the cc:n.mercial uses to be allowed within the Isle of Capri Commercial Area. The Resolution ~llowed a 150-room hotel/motel, up to four stories height, restaurants and ceru~ accesso~, uses to be constructed within the Commercial Area. Previously, th.is area had been limited to "Neighborhood Commercial". The Resolution also stipulated certain developmem st~dards and required vegetat FEB 2 4 1998 for a utility srea 1~ on the northwest comer of the property. The Resolution included e~vironmemal, wa~r management, traffic, utilities sad mginee~g conditions ~ailored specifically tn the prop~. The owner of the prot~'ny (Isles of Capri Civic Association) committed tn not begin site clearing or filling activities until aher thc four-laning of State Road 951. Vertical development was prohibited from taking place until completion of Resolution #89-149, approved on June lit, 1999, reduced the r~idential unit total for the eaIire proje~ from 12,340 to 10, 230. The D.O. 'Fracdonslizagon of Tracts' section was smended with stipulations regarding actual and potentisl violstions. The entire DRI was limited to I0,001 multi-family units. The =orth~'n golf course within Unit 30 was recognized as a hotel/r~on area. The owner of Unit 30 was given ~it~ion to create a Community Development District for the site. Changes were made to the Unit 30 dr~i,~-ge plan. The developer was allowed to contribute fill, from a designated borrow pit site, for the expansion of State Road 951, in lieu of traffic impact fee requirements. Internal road connections to S.R. 951 were allowed to be placed on a phasing schedule based on the schedule for improvements to the highway. The County authorized use of the construction entrance road (from U.S. 41) as an emergency access point. Finally, the developer committed to not constructing a causeway between Unit 30 and Unit 27. Resolution #96-333, approved on July 23, 1996, resulted in the 'current' land use approvals, as described for Unit 30, above. The resolution reduced the number of residential units in Fiddler's Creek from 7,000 to 6,000. The overall residential acreage (and project acreage) was increased by 22.9 acres. The Fiddler's Creek/Unit 30 commercial area was reduced from 43 acres (or 47 acres) to 33:6 acres, and the commercial area was defined as having approval for 325,000 gross square feet of commercial space. An additional 201.37 acres was added to existing preserve acreage. Finally, the project's Master Plan was amended to reflect the listed changes. 5) Resolution #96-530, approved on November 26, 1996, added 690-acres to Fiddler's Creek, portions of which are in Section 13 located adjacent to the northeast portion of Unit 30. With this addition, the overall acreage of Unit 30 would increase from 1,689.11 acres to 2,379.11 acres. No increase in units was requested and as such, the residential density changed from 3.55 units/acre to 2.52 units/acre. This change also increased the lake, open space and golf course use by 293 acres. Finally, the change authorized the developer to seek the establiskrnent of a new community development district under Chapter 190, Florida Statutes, for the Section 13 addition or seek the expansion of an existing community development district for Fiddler's Creek. PROPOSED CHANGES The developer of Fiddler's Creek (D Y Associates Joint Venture) is requesting to add portions of Section 18, 19, and 29, consisting of approximately 1,385 acres to Fiddler's Creek and the extension of' development order ten-nination date by four years, eleven months for a total of 34 years eleven months until the year 2019. No additional units or commercial usage is FEB 2 A 1998 to the project. Total tmount of lskes, open space, golf courses ~1 l~xks will increase from the 1996 sppmved plsa by 635 ~ 450 ~ will be considered preserv~oa re'ea. The ~td/tion~l re~denfi~ ~'eage will result in a reduction in the project's deasity f~m 2.52 to 1.6 dw~lling A~,,ct~,~_~t II shows the currently ~pproved ~ Plan for Unit 30 of the Fiddler's/Marco Shores DRI. Att~hment ITl shows Fiddler's Creek; the proposed additional land area; with a proposed parcel M~er Plan. CHARA~ MA~E. LOCAT~0N The proposed changes would not affect the character of the DRI; which will remain a largely residential development, with some commercial acreage. The magnitude and location of the DRI would b~ affected by thc proposed changes. The spplicant is proposing to add new land ~ (1,385 acres) to the DILl. The additional acres would be utilized as a golf course/residential development, connected to the currently approved Fiddler's Creek residential development. Lakes and water management areas would also be included in the proposed amended Master Plan. According to Section 380.06(19)(e)3, ~10rida Statutca ("m pan): 'Amy addition of land not previously reviewed...shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence." ~o~oN~ C.,OA~S, RESOURCES OR F^Crt<rr[Es The proposed addition of land to Fiddler's Creek has the potential to effect' five regional goal areas':. Wetlands, Stormwater Management, Transportation, Hurricane Evacuation and AgHcultux~ Production. The proposed land addition could also potentially impact a Regional Transportation Facility: U.S. 41 (Tamiami Trail). Wetlar3ds and Stormwater Managemelat The majority of the subject property is currently utilized for agricultural row crop production. According to the applicant's environmental consultant, the proposed development design preserves potential wetlands in the south half of section 19, incorporates 3 reserves areas within the site plan totaling approximately 41 acres, and a 190 acre reserve on the west half of section 29 will prescr','c native vegetation. Approximately 204.5 acres of lakes will be created to provide habitat and recharge functions of greater value. It is ~ticipated that wetland and upland enhancement, primarily exotic eradication, maintenance, and monitoring, will be included in the mitigation plan. This change will result in better water management and disbursement of surface water into State owned wetlands to the south of the Fiddler's Creek DRI. The expansion of the Fiddler's Creek spreader swale to include the land being added, fi.om that approved in the last addition of land change, will provide improved water quali~' to the water being discharged into state owned wetlands to the south. Also, Collier County has experienced drainage problems orth,,~~ FEB 2 4 1998 po. 3,e' . Regional Goal 1'Io28 rc.a~ as follows: F'mally; ~,~i,~g ~o Collier County s',aff; the appI~cant will not immediately develop ~e subje~ propm~. DevelopmenI is likely w proceed on ~ou~l¥ approved m-cas of Fiddler's Creek prior ~o initi~ion of devdopmen! on ~ addkional land area.. Agricultural production will commie for ~ learn a po~on of the ~me between approval of the Development Order ame=dmem! and proper~ development. Upon cessation of row crop produ~on, Ge agricultural entity will r~loca~ its activities to other pwperfies im Collier County. Regional s'.aff b,.~ brought up figs issue, in pan. because of co~,ic~ with a Regional Goal and. in part, because of the general need for Collier County (and ail Southwest Florida counties) to consider the overall impact of developmen! to the Region's agricultural production. Local government willingness to approve conversion of farm lands to urban uses should be balanced by policies encouraging agricultural development in appropriate areas. Such considerations are not specific to any particular development proposal but, rather, relale to growth managemen! as a whole. MULTIJUR~SDICTIONAL ISSUES The Fiddler's Creek Development is located entirely within unincorporated Collier County. It is unlikely Gat any impacts of the development will directly effect other local government jurisdictions. LOCAL C0,M'pREHENSIVE PL.M,,I CONSISTENCY The proposed DRI amendment rill need a local compreher.,'ive plan amendment. The comprehensive plan amendment ~'ill add language to the Agricultural/Residential Subdistric! to accommodate the DRI amendment. It is anticipated l.hat because water and sewer are available to the site and because no significam environmenud cr infrasu'ucture impacts will occur the comprehensive plan amendmem locally should be acceptable. The DRI amendment therefore is subject to conditional approval based on a finding of conlistency with the Local ~ov. ea~r~a.~ FEB 1998 a~d bas been gtcmpting for years lo mitigate or wive ~o~ pmbl~. ~e pw~sion for ~g ~s ~gc ~d ~ly ~~~g it ~ ~c ~ ~e ~sb~~ .~ ~11 ~ ~c ~ ~ ~s ~ h ~~, no ~do~ ~o~ ~p~ ~g~g ~~ ~U ~w, ~ f~ ~e pw~ ~ ~ m~gement ~ ~o~d P~gio~al staff ~cd the impact oftbe development on U.S. 41 by using the Collier County MPO traffic impact model tmlil the year 2020. Thc i-csults indicated that the expansion of the dcvelopmenI, will have no additional adverse impacts along U.S. 41 in the project vicinity. Hurricane Evac~a6on Both U.S. 4! ~ S.~ ~51 ~e R~o~ ~go~ I ~d ~tego~ 2 Sto~ S~ge fl~g ~n~, ~ Sho~ D~clopm~ ~d~ ~n~ a n~ ofh~e ~flon ~n~fio~ for U~t 30 Cmclu~g Fid~s Cr~k). S~ ~c devclo~ ~ not pw~s~g to h~e ~e n~ of gsid~fifl ~ ~ M~ Shores, bm n~ of ~ over a l~g~ ~ ~cg shoed ~ no ~e ~ eructation ~pacm. F~y, · e c~n~y approved n~ of ~sid~fifl n~b~ approved ~ ~c ofig~fl development order. ~efore, ~e h~c evacmfion ~pam of~e D~ shoed flso be decr~cd. A g-ricultn.u-al production The following discussion is a reiteration of this issue from the last change for this project in 1996. The conversion of gl9 acres farm~ upland acres from agricultural production to residential/golf course development will to some degr~ impact winter vegetable farming in the southwestern portion of Collier County. The planned conversion of this fa.,~da.nd to residential uses is corusistem with a long-term decli-,e of row crop production in the Region, in favor of urban uses and, more recently, citrus production. While; given the Region's (and Collier County's) growing population, the decline of Florida crops due to foreign competition, and the rise of the citrus industry in Southwest Florida; such lan'l conversion could be viewed ss inevitable, both the S,~te Comprehensive Plan and th.-. Southwest Florida Regional Policy Plan contain goals calling for the support and preserv~on cf agricuh~l production in the Region. State Comprehensive Plan (3oaJ 23 reads as follows: "Florida shaJl main~n and strive to expand its food, agricuhwe, ornamental horticulture, aquaculture, forestry, and related industries in order to be a healthy and competitive force in the national and international marketplace." ^o~,~^,~, · FEB 2 1 199B ~v~ Pt=, by the Cotli~r Couz~ Boamt of County Commi~o~m. FOR REASSESSMENT OF THE DRI Because no ~Mi~onal region~1 impacts m~ an'd~ the need for re~.ssess~e~t of the DRI is p, CCEPTANCE OF PROPOSED D.O. LANGUAGE The spplicaut lm provided m~ ~I¢ draft amc~le~ devclol~ncut order for the l~&llcr's · ~ l~roject, based on the curr~tly spproved Msrco Shor~ DRI. P. ECO~ED ACTIONS: No~ffy Coi1i= Couuty, the Floflda Dc~ent of Co~mu~y Afl'sirs stat applicam that the proposed chsnge does not the ,,m~amcnt must be subject to a finding of consh'umcy w~th the Local Govcmmeat ~omprehens~ve Plan by the Collic~ County Bo~l of County ~o~oncrs. Request that Collier County provide SWFRPC mil' with copies of any dcvelopm~ut order am~dmen~s related to thc proposed ch~uges. ° ATTA~ ! I ?$ PROJECT LOCATION GULF OF [EXICO '%. 1998 _LOCATION MAP J ~ I ! ' I i ~ ~ommuniti~ ! I ATTACH.~.-..h'T I I I ,/ l~tster Plan Fiattl..-r's Oaober 29, 1997 Ch~ks (huthier Cm:mah ~em Adminislrator Bureau oflxxal Phnnin& IX-pt of Community Affair~ 2555 Shum~d Oak Boulevard :rsllaha.ssee, FL 32399 RE: Request for ORC on Collier County Growth Management Plan Amendment, CP-97-3--Fiddler'a Creek Expansion Beyond Present Urban Boundary With this letter, the Coil/er County Audu~ Society respectfully requests the Department ofCommtm/ty ' ~ to initiate an Objections, Recommendations sad Comments Rexxnl on the above referenced ~ ~ mamgemem plan amendment w Collier County's Future Land Use Element We have formally . epposed the ame~ximem (see accompanying copy of our letter to the Collier County Board of Commissionm) for several reasons, iacluding ils potential for promoting urban sprawl, and placing urban development in a very e:n appropriate, eawimnmea~lly .sensitive area. Another specific concern with this project is ils potengal ,acrease the demand for expa~on ofmosqu/to control spraying and the impacts ~ mayhave on estuarme 4ystems very nearby. We disagree with county staff's assessm~ that this is sa exceptional case which does not · raise any sprawl concerns, and we feel that such exceptions inserted into a growth management plan render tim · l~lan ineffectual. Collier County Audubon Society is very concerned with urban toundary issues in our area. With the rapid pace of development and approaching buildout, it is critical to the qmLlity of life of local citizens, the integrity ofour unique environmental resources, and thc health of our economy that the distinction between urban and rural areas not be blurred and that thc growth management process be ,'espected and s'a'engthened. There have l[:een several attempts to defeat the containment of urban development in the las~ year or two sad we anticipate more. Thank you for considering this ORC request, and please keep us abreast ofthe developments concerning your review of Collier County's Fiddler's Creek expansion amendment to'hs Growth Management Plan. Very sincerely, Prcsidern e RO. Box l~a? · Na;~s, Iqorkia ~101.1~7 · fl~4~} 649-~754 FEB 2 4, 1998 October 14, 1997 Collie' Cotmty Bo~d of Commissioncrs 3301 Tamian~ Trail ~ut Naples, FL 34112 RE: Comp Plan Amendment Petition CP-97-3, BCC October 14 Agenda Item 12(A)I. Dear Chairman l'J~ncock and Commissioners: Cia behalfoflhe Colli= Cotmty Audubon Society, I wish . desire to relocate a~ umpecified number old---"'- .. to submit our comme~ concerning the Petition~.'s - - . . ~cmng unto from ~ Fiddler's Creek DR/~ bcyond ~ Urban _seem.s. to be a pretty good defirgfion of..~,-o -~[- ,~'~'."' '~?. ~r'~m,~ opm n! ~n ruraJly desz~atccl ar~a~ or h.,~ .... :--._.- ..... 1~ I:ounty "oundary. Ifther~ is a problcrn with how dcvelopmem may pr~ !oclay in re. any haw atlcs~ to, Ibm that issue should b~ addrcssccl direly mul not by blurring tl~ di~i~cdon rl~a.~ also ¢onsid~ lhe following poim~: 1.) Thc Urban Boandary wa~ slmmk in this area by a prtviou~ Board for good reaso,, - r~.~on which rt'~o.~ very m'ongly ia Colli~r County today: urban developmct~ mg~'t b~ wifely limi~l. Approval ofthi~ l~ifion opposes this coas~r~ ofcoumy ¢idz~n~. 2.) TI~ site i~ 27% w~l~ch,, c~lculalcd by r, aff, a~d ia a v~/cnvironmcmally yzr~liv~ mgior~ A prudcn! mtel~ would b~ promotion ofsmaller scale projecu rather than larg~. ~.) Duc Io ~ir proximity ~o very prod.tire mogl.im br:~ling ama~, Fiddler's Cr~k argl other n~v d~v~lopm~ms of this ~ion will inevitably create stronger demand for mor~ moscl.ilo co,~rol cffon~. Whil~ re. arch on the cft'~zts of'moglui~o control on e~uan'ne ~cosy~rn~ !ndica!e polemially lyave cumulative impacts ~o sy~ems like RooketyJ3a¥. Mosq.i!o sprayi.~ must become an ~mportan~ consideration in ~h¢ l~rmiui~g of all project~ in this rcgiom In consid~mion ofthe~ isa.cs, a~cl the predominam crflcrio, ofdiscoura~cmcm of m-I~ sprawl, thc Collier County, Audubo. Society respectfully a~ks that this p~ddo, bc clcr~icd in thc inlerc$! of'all Collier County citizens. Sincerely, Presider P.O. BO~ 113&? FLORIDA~ ~.,,'~~~'..~-.-o~,= WILDL!FE~.~,w.,, ~ ~,~ ~,,. ~,. o~ FEDERATION ~,~ ~ l*nona: ~tl-f43.4~Z Fax: W~.M3-SIJO Fmted on Novmnbm' 14, 1997 RE: Collia' GmJ~ 98-D1- Fiddbr's C~tk ~ f~ Wildlifa ~4lrstim b ~ tO Collia' COml~ 91-DI. Such n uue.~dme~t bkn b county's r4'~zttim ~ u;bafl :~d run] Irus. l~velojx, r: of F~ldJer's Crc~ propox t~ bcf-u~e deasJt~ ia th nu-af trna above the c~Lrrt~ density ©foM unit per five ~ &nd Silcrtise density ia tho ur'bm section to less than ~vo un~ per utc. T~e rcs~t will be urbu sprawl and the crcaz~ ora put~n of slot. lc use ~ress th&t section of'the county. It is · bad ix'K~ent to s,rnmdmsat Colli~r County's Growth Manaf~ntm Plan for a p~ d~,l~ ~ ~ ~uld a~ ~ui~ ~ ~'s ~ pl~ ~ our ~ ~1~ ~i~c ~ ~t~ ~ is no ~ for ~s ~ ~ for ~si~ ~vtlop~t In summao', the F~nJtica maintains ~a~ thb proposed am~dm~t prorates the i~oliftation ofurbn six, zwl sad fails to pass thc 13 IX~ns.'y mdicatoz3 of ur~n Sl~awl IL~t~l i~ 93.5. Specffk:ally, primary iadicaton 1, 4, [, 9, ~ 1 i tit ia-ssent m Collier .CounD. 91-DI. Sit,~.tely I~Ar~lhl(3 ~KX)I~ES~: F.O lOX MTO. T~SE:E, F'.~'~I~A 3Z314-elTO Iq,4ONE: 104-(&6.711~ FEB 2 4 1998 South Florida Ware5 Management District TDD (561) 697-2574 GOV 08-28 November 26, 1997 Ray Eubanks, PlannSng Manager Plan Review and DRI Processing Team Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Dear Mr. Eubanks: Subject: Proposed Amendment Comments CoBer County, DCA # 98-D1 The South Florida Water Management District staff has reviewed the subject document and based upon the information provided we have no water resource related comment~. If you have any questions or require additional information, please call me at (561) 687-6746. S!ncerely, Plan~er Upper East Coast Planning Division Planning Department' JAK/mh C: Wayne Daltry SFRPC Roger Wilburn, DCA Vincent A. Cautero, Collier County }'eank ~.$; ,lllam~on, Jr.. Ch=irman Eugt~ K. Pcms. Vicc Chairman Mitchcll W. Bcrgcr Vera M. Caner Richard A. Machck S.~muc %,Villlam E. Graham Michael D. M;nton ~l;cha, William }-ia,~.,~ond .Miriam $1n~cr Mailing ^~ra:. ?.O. Box 2a6g0, Wcu Palm 13ca~ I:'L 3341~ ~epartment o~ . Environmental PrOtection Goq,qln~ T~ Iqorkh 323~-3000 Virl~ I. Wechllrd ~ $, 19~7 2~55 ShJ=md Oak Bodevanl Tallahassee, Florida 32399-2100 OEC 9~ It.e: Propoint Amendmen to the Cornet Cou~ ~ Plan. DCA 98-D1 and 9J-1 l, Florida Adm/z~tr~/~ Code. Our commems and recommenda~ons are provided to assist your agency in developing the ' Please call me at (904) 487-2231 if you have any questions about th~s response. SincereJy, C)fli~ of Intergovenu~ew, al Progra~ Attachment "Protect Conserve :-.~ A4onoge ~'lo~o'l F. nwronrnen! ond f~aturoI Reso& FEB 2 4~ 1998 rCeS" DEI'ARTIVrF~-NT OF F-2qVIRONMICNTAL I'ROTECTION RESPON~ TO PROPOSF.,D AbiEND~ ~S-DI OF COLIJT~ COUNTY COlVfl'I~£~SIVE PLAN Discussions with sttff of this depaztment's South Florida Distri'~ off*me indicate thtt this prelect is Fdated to · settlement a~.te, ment between the applicant and the .rupo_mible governmental entitles. Since this project b within the G..r?n Line of two State Pazta, the Fakahat~ee Str&ud Stnte PFU4WVt Hd the Collier-Seminole State paztq with pottnthl impact to both of thes~ n~tura] Jystem& additional rtcommendatiom for mxnagement of this ptrcel L'~ herein provided. ,.ca::~uca. c~?co oy appuc~.uons ozpes~ciacs aria f'cr~t;,__-,.~1, it h recommended that the ~appuca~.t..m~p,e~..ent ~e Flond..m I~. ~em. of A~riculmre B~ management Practi~ z.._or_._p~. =cl.e ~n {.,e~ appucauons m orcler to tr~-~e surface and groundwater contan nu trom mose sources. 3. It should also be noted that the puks ~lja~,ent to this property utilize prescn'bed burning fi'om time to th'ne to preserve fire dependent plm~t communities ~ to foster naturaJ diversity in ~ese state parks. Th~s practice may Ix' accompanied by the briefand mfrdequent d~..~ .g of smoke.onto adja~nt properties witl~ ~e green line. The s~ected o .w?er~. w~. ?_r~ueste~l.to consent to tl~s prescn~ burr~g program on State.. owneo runes w~dJe being camed out consistent wi~ ~ appEca~le environmental regulations. 4. SprayLng ofinsecticides and habitat alteration for mo~uito control is prohibited'on state !ands, and mosquitoes can become a nuisance on properties adjacent to park bounaades. 5. The two pm'ks provide criticzl habitat for Florida panthers, black bears, endangered and threatened species, respectively, w~ch have extremely large home ranges. Careful planning to protect these species is needed for survivaJ of these species. Adjacent landowners should become au'are of'the above park management practices and concerns which may affect land use activities in the area.~ adjacent to the two parks. For additional information plcase contact thc Preserve Biologist, Fakahatchee Strand State AGEN_0A NO. FEB 2 4 1998 FEB 2 ~ 3998 REs Collier Co.unty . Dear Mr. ~-ubanks: ~ovr~o. . MENT OF T ' ~.~,~ ~SPORT ~ · . . ~4~, ~. ~, ~1~1.~4- ~ ~' ~. I,. ~-L128-97 ~. Ray E~a~8 ~Pa~n= o~ C~i~ A~ B~eau of ~1 ~_ 2555 ~hu~rd 9 . Ta~_. Oak ~oulevard ~assee, Florida 32399-2100 ~ 97-3 The F/or/da Department o of the above r f Transportatio We h- ..... ~ferenced Collier _n has co.mpleted it ~__?v= uonsxuered seven C~unty Comprehensive · review ~rvlce; Access __ ~7) issues' dur ~ P~anAmendment. '~Tans~r~a.~-_ - Management; Rich ~, ~p9 this review: Le ~- ~on ~ r ~ t---'-a Pr vel of Protect/on ~ ._m~ ovement Pundinc? i..__m_Y__ °tection/Acquisit~.. ¥ e~ween ~lements. tghwa), ~),Stem; and Based on this review, the Department would like to offer the comments on the attached sheet for ),our consideration. Should you have any questions contact John Czerepak at (941) concerning these comments, Please $~9-2343. ' Sincere2.),, TFB/GJC Attachments o o cc: Wayne Daltry, SWFRPC Debbte ~unt, FDOT Sherry Carver, FDOT John Limbau~h, FDOT John Czerepak, FDOT F/leS(Comp Plan) Files (DRI # 6.03) T. Franklin Black District Planning Manager FEB 2 4 19987 COM:PP..EI~NS ~ PLAN NAME OF AGENCY: FLOWTD~ D~DA~TI~RNT OF TI~AN~DO~TATTON RESPONSIBLE DIVISION/BUREAU: DISTIl?CT 1 - PI.%J~NIN~ NAME OF LOCAL GOVERNMENT: C~]~.~ County DATE PLAN RECEIVED FROM DCA: Oct~b-r ~7~ 1997 REQUIRED RETURNDATE FOR COMMENTS: Dee.mbe~ 1. AMENDMENT DCA 97-3 Rule Chapter 9J-5, Florida Administrative Code The Department has completed its review of the above referenced Comprehensive Plan Amendment which is directly related to an NOPC for the proposed Development of Regional Impact known as Fiddler's Creek. The NOPC, which was reviewed by this office in August of 1997, added approximately 1,385 acres of land to the Fiddler's Creek DRI. This land is located i~znediately east and south of the original DRI and is designated "Agricultural/Rural". There was no change to the actual amount of development allowed for the DRI. The NOPC just permitted this development to be spread out over a larger area. The amendment in question allows the 1,385 acres to be developed in accordance with the DRI and NOPC provisions. From a transportation standpoint, this amendment will not result in an increase in impact. We therefore have no further comments or objections. F£B 2 4 1998 FLORIDA DEPARTME~ OF STATE Sandra B. Mortham DIVISION OF ]'~"TORICAL RESOL~ Mr. Ray Eub~mk~ November 4, 1997 2555 Shumard Oak Boulevard ~: ~ofic Predation R~ of the Co~ Coun~ (~-D1) Comprehen~ve ~. ~ .. Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9.1-5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Collier County Comprehensive Plan. Based on our review, modifications to the Future Land Use Map by the addition of 1,385 acres of land into an existing DR/and re. allocating some of the dwelling units onto this addition should have no adverse effect on historic resources in Collier Coumy. This addition is not shown as a high probabiliw area of'encountering significant archaeological sites on the county archaeological probability map. We concur with this assessment of site l~robability. In sum, it is our opinion that the amended comprehensive olan meets (although known and potential historic resources need to be carefully considered in the planning phases of'proposed land use changes) the state of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9.1-5, F.A.C., regarding the identification of'known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and objectives for addressing known and potentially significant historical resources in Collier County. If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Res~ew staff'at (850) 487-2333. Sincerely, George W. Percy, Director Division of Historical Resources DIRECTOR'S OFFICE R.A. Gray Building · 500 South Bronough Street * Tallahasset, Florida 32399-0: FAX: (850) 488-3353 *.-WWW Address http'J/www.dos, state.: ARCH,~EOLOGICAL RESEARCH ~HISTOR1C PRESERVATION {~ E {850) 487-2299 · FAX: 414-2207 ($50) 487-2333 · FAX: 922-0496 FEB 2 4 1998 50 · (850)488-1480 · us Pa. ~ g'~PdCAL (8~ 488-1484 · FAX:921-2~3 Yocrl~o, vx~ Assz~nz~ & VA~W~0Z, P.A. ATT0~£¥$ AT LAW Naples January 6, 1998 ,833 S~ J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Collier County Comprehensive Plan Amendment Related to the Fiddler's Creek DRI (DCA No. 98-D1) Dear Mr. Beck: We are in receipt of the Department's Objections, Recommendations and Comments (ORC) Repo~:t dated December 19, 1997, 9ddressing the above-referenced Plan Amendment, which proposes an increase in density on land adjacent t:o, and to be incorporated within, the Fiddler's Creek DRI. The pzoposed density will result from shifting some of the DRI's previously approved residential units onto the subject parcel. It is our understanding, from reading the ORC Report and from phone conversations with you and members of your staff, that the Department's single objection to the proposed Amendment results from a perceived lack of sufficient supporting information, which is capable of being addressed satisfactorily by Collier County's submittal of additional information with the adopted Plan Amendment. The Department's specific objection is the assertion that insufficient data and analysis has been submitted to establish that the proposed Amendment involves more than a single use (residential). The Department's concern is that if the Amendment acreage contain only residential units, this may exceed the "demonstrated need" for this use, and may not provide sufficient commercial and other non-residential uses for the residents in the Amendment Area, thereby failing to demonstrate that the Amendment would not contribute to urban sprawl. ~~D FEB 2 4 1998 J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 2 The Department's ORC Report makes specific references, as support for the objection to the Collier County Amendment, to 3 (of a total of 13) "primary indicators, of urban sprawl found in Rule 9J-5.006(5) (g), 1, 11 and 12. Thus, the Department,s objection is based on the following three primary indicators of urban sprawl: Indicator No, ]: Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. Indicator No. 11: functional mix of uses. Fails to encourage an attractive and Indicator No. 1~: Results in poor accessibility among linked or related land uses. Regarding Indicator No. 1., we certainly do not agree with the Department's apparent conclusion that the Plan Amendment Area constitutes "a substantial area of th~ jurisdiction.. As Collier County staff and we pointed out at Exhibit 1, to the supporting document analyzing Collier County Growth Management Plan Amendment CP-97-3, the 1,386 acres which is the subject of this Amendment constitutes approximately one-tenth of 9ne percent (0.108%) of the land area of Collier County. In addition, we think it is inaccurate and inappropriate for the Department to contend that the Amendment promotes or allows substantial areas to develop as "low-intensity, low-density or single-use development in excess of demonstrated need.. The Department of Community Affairs has been involved in reviewing the Fiddler's Creek DRI since its inception in 1984. The Department is well aware that since 1984, the number of approved residential units in this DRI has been reduced through DCA approved DRI Development Order Amendments, from 9,110 units down to the currently approved number of 6,000 units. The Department is also aware that Fiddler's Creek DRI is, and has always been within the designated coastal high hazard area. Fiddler's Creek, including this plan amendment, is implementing Collier County's policy and efforts to reduce density in this area of the county. The subject Plan Amendmen~ does not add any residential tmi~s to the ap]~roved 6,000 residential unitm within Fiddler's Creek. The current number of units is well below the number approved by DCA, other state agencies and environmental groups : Deltona Settlement Agreement signed by the Departme~ ir~ ~ The FEB 3998 J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 3 Department has reviewed and signed off on the original DRI, and on every subsequent change to the Development Order. The Department has also found all previous versions of the Collier County Comprehensive Plan to be "in compliance" with respect to the Plan's recognition of the Fiddler's Creek DRI. It is difficult to understand how the Department can now object to this Plan Amendment, in 1997, on the ground that it approves residential development "in excess of demonstrated need." This contention is revealed to be even more spurious when one considers that, rather than allowing any additional units, this Plan Amendment actually eliminates 277 residential units that could have been constructed on the subject 1,385 acres under the County's current zoning and future land use map designation. The remainder of the Department's objection relates to the question of whether there is adequate commercial and other non- residential uses available to people who will reside within the plan amendment area. This objection indicates a clear failure by the Department to recognize and evaluate supporting data establishing that this Plan Amendment is an adjunct to, and must be considered together with, a Development of Regional Impact Notice of Proposed Change (NOPC) for Fiddler's Creek. The Plan Amendment and DRI NOPC were submitted together to Doth the County and to DCA. Concurrent submittal and review of plan amendments and DRI applications is specifically authorized, in Section 163.3187(1) (b) Florida Statutes. ' The case of Sumter Citizens. e~ al., vs. Department of Community Affairs and Sumter County (DOAH Case No. 94-6974GM, Recommended Order dated July 11, 1995) establishes that "data and analysis" supporting a comprehensive plan amendment properly include DRI applications for development approval (ADAs) and notices of proposed change (NOPC), both of which are on file with the Department for the Fiddler's Creek DRi. If the Department had reviewed the master plan for the Fiddler's Creek NOPC and the data submitted with the NOPC as well as the proposed Plan Amendment, or had simply placed a phone call to the Collier County staff or to representatives of Fiddler's Creek, it would have quickly determined that there are substantial commercial and other land uses available to the future residents of the Plan Amendment Area. A variety of land uses are to be found both within the DRI and within a short driving distance beyond the boundaries of the project. Such an inquiry by the Department could have easily determined the following: Plan Amendment Area contains the following uses: In addition to residential use, the master two J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 4 golf course use, extensive preserve and open space areas and a system of lakes with the Fiddler's Creek spreader-swale system that will result in improved drainage to State-owned wetlands to the south and west of the project. The master plan also depicts an inter~al road network that provides easy access to the adjoining portions of Fiddler's Creek and to U.S. 41 and S.R. 951. 2. The master plan for Fiddler's Creek shows that the residents will be within close walking or bicycling proximity to three centers for recreation amenities (golf, tennis and club centers) each of which will have some restaurant and commercial shopping opportunities available only to the residents of Fiddler,s Creek. The three centers will contain the following uses: a. Club center: approximately 30,000 square feet of commercial and restaurant uses are currently under construction (see attached newspaper article). A total of approximately 64,000 square feet of non-residential use will be included within the club center. These uses include the following: approximately 27,000 square foot fitness center, administrative offices, 240 seat restaurant, arts and crafts rooms, pool-side bar and grill seating 90 people, and social rooms. b. Golf center: The golf club center will include approximately a 30,000 square foot facility that will accommodate a 200+ seat restaurant and grill area, golf pro shop, card rooms, locker rooms, billiards, a deli/juice bar, postage and ATM areas and a swimming pool. c. Tennis center: The tennis center will contain up to 24 tennis courts, a tennis pro shop, ATM and postage machines and a juice bar with up to 40 seats. 3. The approved DRI master plan for Fiddler's Creek also depicts two business/commercial centers within the project, one located on U.S. 41 and the other on S.R. 951, at project entrances from these roadways. These approved commercial parcels total 33+ acres in size, and are authorized to contain up to 325,000 gross square feet of business/commercial use. Of this total, approximately 300,000 gross square feet will be located on the 27 acre site at the entrance off of S.R. 951. This site will contain the following uses: A large Publix-type supermarket, drug store, various boutique shops, professional offices, a theme restaurant and a bank. Attached to this letter is a conceptual site plan for the S.R. 951 commercial site. The remaining commercial acreage, approximately 6.5 acres along U.S. 41, will provide J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 5 25,000 square feet of commercial use consisting primarily of fast- food, gasoline and convenience store use. 4. Fiddler's Creek has committed 2.5 acres of land at one of the project entrances on U.S. 41 for Collier County's use as a library facility and 3.6 acres for an emergency services ~ite to include fire station, sheriff's office and emergency medical services. Immediately adjacent to Fiddler's Creek is a regional park site, an elementary school and a middle school. 5. In addition to the designated commercial uses inside the Fiddler's Creek DRI, the Plan Amendment Area is within a short driving distance from the following existing or designated commercial uses: a. Activity Center #18: The Collier County Comprehen- sive Plan's Future Land Use Map designates a 122 acre "activity center" (#18) at the intersection of U.S. 41 and C.R. 951. This activity center is approximately 3 miles west of both the Plan Amendment Area and the eastern-most entrance to Fiddler's Creek from U.S. 41. Activity Center #18 is projected by Collier County to contain up to 805,000 gross square feet of commercial uses. The existing Freedom Square shopping center, consisting of approximately 210,000 square feet on a 20 acre parcel, is located in the north-west quadrant of the activity center and is part of the Lely Resort DRI. The approved Lely Resort DRI is being developed north and west of the activity center and is authorized to contain a total of 820,000 square feet of commercial space, most of which will be within the activity center. Activity Center #18 currently contains 337,102 square feet of developed commercial uses. This commercial development includes both the Freedom Square and Eagle Creek shopping centers located in the northwest and southwest quadrants of the activity center, respectively. Remaining undeveloped commercial acreage within the activity center will accommodate a total of 467,800 square feet on land zoned "commercial" (194,600 square feet) and "commercial PUD" (273,200 square feet). A copy of Collier County's adopted map of Activity Center #18 is attached. b. Coral Isle Shopping Center: This shopping center consists of 129,972 square feet of factory outlet shops. This shopping center is on C.R. 951 about 1.25 mil=~ '~e.~~ LL= FEB 2 4 1998 J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 6 C.R. 951 entrance to Fiddler's Creek, and it is approximately 1.3 miles from the nearest entrance to Fiddler's Creek on U.S. 41. c. There are two commercially zoned parcels with a total of 8 acres of land (3 acres zoned C-4 and 5 acres zoned C-5) on the north side of U.S. 41, immediately north of and adjacent to the Plan Amendment Area. d. There is a 6 acre strip of commercially zoned (C-2) property on the north side of U.S. 41, a few hundred yards west of the plan amendment acreage. e. There are 3 commercially zoned parcels, with a total of 12 acres of land (5 acres zoned C-4, 7 acres zoned C-3) on the south side of U.S. 41, a few hundred yards east of the plan amendment acreage. If the Department had reviewed the Fiddler's Creek DRI master plan, the supporting NOPC information submitted in conjunction with this proposed Plan Amendment and inquired as to the numerous existing non-residential uses near Fiddler's Creek, the ORC Report objection would have been seen to be i:uaccurate and unnecessary. A phone call by DCA to representative~: of Fiddler's Creek or to Collier County staff would have revealed that there are numerous non-residential land uses, and more specifically, that there are numerous commercial/retail uses and opportunities for residents of the Plan Amendment Area, both within the Fiddler's Creek project and in close proximity thereto. The Department's ORC Report states that the proposed Plan Amendment is inconsistent with policies 16.1 and 16.3 of the State Comprehensive Plan. My phone discussions with you and your staff confirm that these noted "inconsistencies" will be addressed, and will be eliminated by adequate data showing that the Amendment does not over allocate a single use and that there will be an attractive and functional mix of uses, particularly including commercial uses, available to residents within the Plan Amendment Area. We are confident that the information concerning commercial and non-residential uses available to Fiddler's Creek residents summarized in this letter provides more than sufficient data to address the objection raised by the Department in its ORC Report. We will make every effort to ensure that this information is formally submitted by Collier County to the Department along with an adopted Plan Amendment so the Department may consider it during its plan amendment compliance determination. If you ~ IFEB'41998 J. Thomas Beck, Chief Bureau of Local Planning Department of Community Affairs January 6, 1998 Page 7 have any questions concerning the amount of non-residential land uses available to the residents of the Fiddler's Creek DRI, including the Plan Amendment Area, please do not hesitate to call me. We thank you and the Department's staff for your time and effort spent in evaluating this Plan Amendment. attachments cc: Wayne Arnold Ron Nino Marjorie Student AGIEN~A~T~M FEB 2 4 '{998 REAL ESTATE f ddler's Creek lUb project under, way ,. Fiddler's Creek, · 2,3al-acre. country club community being developed by Gulf Buy'Co·mu. hitles, has started the eon~truc- Uon et' the community's club c .enter, The Club & gpa at Fid- dler's Creek. -*'-~,ou Ludwi~ the community· ffltles ·nd marketing director, faJd the club, located on an *acre site on Fiddler's Creek. · ~omposed or the clubhouse, tlJb aquaUc club and the racquet gblb. " .:...' ' clubhouse will .have ~The. ' " "'*"' ,fJ~)_/0r~ square feet and an expan- s]~ apacl~y of*. up, ~to 54,600 ]t~it,-,e feet. Within'the bulldinf ~..~tte ~ommuni~s' spi ~d et- ~1, .~. club, sOCial too··,'re·idea- Ual ~ervfces and st restaurant. :."~'he .resteuraht wtll offer in- ~ler i"65f~ .or ~ ill' open air ~seiUng overl55 .Idnf the pool and lq3ddler's. CreeL' ReiCh·eats me seryed in thS'indoor lounge Jt12d at .the poohilde tUd bar and l:~. Il.'& board room Is also avail- &hie within the restaurant for j;~ivate dj·inf. ' . · ~' The Epa and Fitness Club will ~jnve cardiovascular exercise · equipment, an aerobic studie, ma~e rooms, locker rooms, steam rooms, and saunu. ',-:The clubhouse will also have R~tlvit~ rooms, an arts and crafts . .r~._ m, · fitness/tenniS pro shop, b~slnets center, an automatic teller machine, the base for the 9.9.mmunity's concierEe services, and administrative of Tlees. ~:The AquaUe Club eonslsts of a ~esort-st~,le pool that ~pans ap- A scale model deplcts the 30;b00 square*foot club center. proximately 10,000 square feel ,d~le. It includes a river, waterfalls '*. ADG Principal Michael and sprays, and separate lap ,Ramsey said The Club & Spa and aerobic areas. Around the' '~ill imitate the architectural de- pool deck. which measures proximately 1.6 acres in size, is a whirlpool, children's wadin~ pool. barbecue pit area, and Ga- tot Gflll, which will provide poolsfde trood and beverage service. The Racquet Club. to be Ioc~t. ed adjacent to the clubhouse. will have 1! lighted hydro-&q-id tennis courts, a tennis pro shop. and tennis professionals over. seeing tournaments, lessons and leafue play. The Club & Spa at Fiddler's Creek was designed by Architee. tural Design Group Inc. (Al)GL headquartered in Fort Lauder. tails designed into the communi- ·tT's sales center located near ' Fiddler's Creek's main entrance. · "We're using cast stone, col- , ureas, archways and covered *w~lkways to continue the nco- traditional theme," said .R sey. "The floor finishes, 't walkway·, textured stucco m and even the light fixtures' compliment the community*f chitecture." Fiddler's Creek Is Ioeat~ State Road 951, approximt three miles south of U.S. 41 E THE CONSERVANCY Of Southwest Florida Position Statement Fiddler's Creek - Growth Management Plan Amendment Febrmry 2, 1998 Position The Conservamy of Southwest Florida does not object to the Growth Manag~m Plan Anmxinx~ proposal CDCA No. 98-D 1) that woukl allow an anmximent to the Fiddler's Creek Plarmed Unit Dcvelopment/Dcveloprnent of Regional Impact (PUD/DR.I). The ~ts would realiocate existing approved housing units onto the proposed additional 1,385-acre parcel Although we have serious concerns about urban-type development of lind outside the urban botuidaty, this propo~ has compelling enviro benefits and other factors distinguishing it from other potential PUD outside the ~ boundary. Furthermore, the intent by Fiddler's Creek to preserve the 63- acre "penimnula" parcel in perpetuity represents a significant benefit to Rookery Bay and the surrounding ecosystem. While The Conscrvat~ ia now satisfied that the Fiddler's Creek situation is a unique case, it remains critical to continae the process begun last yem' to establish a sound set oferiteria for development outside fhe urban bom-giary. Bacl~ground The Fiddler's Creek PUD/DRI (formerly Marco Shores Unit 30) was originally approved in 1984 following the Deltona Settlement Agreement in 1982 between the Deltona Corporation, State agencies, Collier County and several environmental groups including The Conservancy. The 1,385 acres of land to be added to Fiddler's Creek is curremly zoned and designated on the County's Future Land Use Map as "agricultural/nmi", with a residential density of one unit per five acres. The proposed shifting ofapproved residential units on to the additional acreage will require aa amendment to the Collier County Growth Management Plan and a Notice of Proposed Chaage to the Fiddler's Creek DRI Development Order. The Marco Shores Unit 30 was approved for 9,110 total dwelling units, with a density of 5.5 traits per acre. The developer of Fiddler's Creek, 951 Land Holdings Joint Venture, has modified its PUD over the years resulting in a decrease of residential units to 6,000 or 2.5 units per acre. Upon approval of the additional acreage, Fiddler's Creek would retain 6,000 residential units while lowering density to 1.55 units per acre. Until 1989, the proposed additional 1,385 acres of land was within the urban desi~ the County, Commission approved, the deletion oran area termed the "southeastern lair' fi.om the urban area. Although, the County staffreco~d that this area could be included in the urban area in the future through the DRI process. Rationale The Conservancy considered the following distinguishing factors in our conclusion that the proposed Fiddler's Creek PUD arrmxlment is unique and will not set a precedent for other deveiopmerRs on the fi'inge of the urban boundary. In the ! 982 Settlement Agreement between Deltona, various state agencies, and several environmental groups, including The Co~, 14,500 dwelling units were agreed to, of which 9,110 dwelling units were allocated to the original Fiddler's Creek Development acreage known then as Marco Shores Unit 30. The developer of Fiddler's Creek has voluntarily reduced that density to 6,000 dwelling units. It is a portion ofthis significantly reduced and vested density that the developer seeks to shift to the proposed addition. Although the addition lands are not included in the Settlement Agreement, a substantially greater number of units were. ~uch as there will be particular environmental benefits accruing as a result of the amendment, the Conservancy does not object to shifting some of the traits that we previously agreed to in the Settlemem Agreement. The proposed 1,385-acre addition will produce no new units or increase density to the overall development. The addition wi.Il reduce overall d~.~ity by eliminating the 277 dwelling units allowable on the new acreage under existing zoning. Based on its current one-unit-per-five-acre zoning, the 1,385 acres allows 277 units. Only existing, vested, and approved density will be placed on the new ~?mds. However, we recognize that within the addition lands, density will be up to eight-told higher than the one-trait- per-five-acre zoning The proposed addition land was included in the urban area until the existing 1989 Comprehensive Plan was approved. Because the "southeastern tail", which includes the addition, was previously within the urban area boundary, more intense commercial, industrial, and residential uses have been developed or approved in the surrounding area at least as far, and in some instances, farther east of the urban boundary than the proposed Fiddler's Creek addition. Therefore. the addition does not "leap bog" over less intense development. o The proposed addition is within the boundaries of the Collier County. Water-Sewer District with water and sewer service available. The District extends beyond the addition lands to other lands farther bom the urban boundary. The Fiddler's Creek amendment proposal includes restoration of historic drainage patterns to the wetlands south ofthe proposed addition via dedication of a Io ;g after drainage easement to Collier County, and provision ora spreader swale FEB 2 4 1998 sheet flow drainage into the receiving wetland. Construction ora one-roUe long spreader swale will at, erupt to recreate historic sheet flows south across wetlands and discourage all-terrain-vehicles and other vehicular access to Rookery Bay wetlands. The width ofthe new spreader swale will also work to enhance water quality. 6. The granting of the drainage easements across the proposed addition will alleviate the artificially high amount of drainage currently being diverted to Henderson Creek. e By eliminating agricultural water pumping facilities and restoring the new land's historic water table, the hydroperiods of contiguous state-owned wetlands will more closely approximate natural conditions. The Fiddler's Creek amendment has not been found to be out of compliance by the Department of Community Affairs (DCA) or the Regional Planning Council pursuant to the urban sprawl Rule 9.1-5, the Florida Administrative Code. An Objections, Recommendations. and Comment report was issued by the DCA in December of 1997. The one objection stated dealt with the functional mix of living, working, shopping, and recreational activities. The DCA is requesting more data and analysis to ensure that the amendment would not constitute urban sprawl. The developer has provided such data and analysis. e Ofthe 1,385 acres in the addition lands, approximately 450 acres ofundisturbed natural areas will be preserved. All preservation areas wdJ be restored and enhanced by the removal of exotics. 10. Fiddler's Creek has offered to give up existing developrm~.nt rights in its PUD/DR/to an environmentally-significant area known as the "peninsui~" which extends into Rookery Bay preser','e area and place the 63 acres in a permanent conservation easement. The Conservancy originally had grave concerns about this proposed Growth Management Plan amendment and publicly objected to it at the October 14. 1997 Board of County Commissioners (BCC) meeting. WhiJe we are now satisfied that the Fiddler's Creek situation is indeed a unique case, the fact remains that Collier County is experiencing tremendous pressure for growth outside the urban boundary.. It is regrettable that at this time the County does not have Growth Management Plan and Land Development Code amendments in place regarding criteria for PUDs outside the urban boundary. We worked with Collier County on such criteria in 1997 when the Twin Eagles PUD can~ before the BCC, however the issue has yet to be resolved as Count3.' staffcontinue to work through the criteria to present to the BCC. Establishing a set of sound criteria for development outside the urban boundary is nothing less than critical as growth pressures increase. FEB g 1998 EXECUTIVE SUMMARY PETITION NO. PUD-S4-7(6), GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING D Y ASSOCIATES JOINT VENTURE, A FLORIDA GENERAL PARTNERSI-I]:P, FOR THE PURPOSE OF AMENDING THE MARCO SHORES/FIDDLER'S CREEK PUD AND REZONING CERTAIN PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMEWr HAVING THE EFFECT OF ADDING 1,385 ACRES TO THE FIDDLER'S CREEK PORTION OF THE MARCO SHORES PUD WI~.F. HOLDING CONSTANT THE CURRENTLY AIZI'HORIZED NUMBER OF DWELLING UNITS, NAMELY 6,000 FOR THE FIDDLER'S CREEK PORTION OF THE MARCO SHORES PUD LYING IN SECTIONS 13, 14, 15, 22, 23 AND 24, TOWNSHIP $1 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3,763.99 ACRES, MORE OR LESS. (COMPANION TO DOA-97-3). The petition seeks to amend the current Marco Shores/Fiddler's Creek PUD and to rezone certain property containing 1,385 acres now zoned "A" Rural Agricultural to "PUD" Planned Unit Development which will be functionally integrated into the Fiddler's Creek portion of the Marco Shores PUD. This petition is only relevant to the Fiddler's Creek portion of Marco Shoes which is otherwise unaffected by this petition. CONSIDERATIONS: The Fiddler's Creek portion of Marco Shores is located east of C.R. 951 with frontage on two disjointed segments of C.R. 951 and extends east a distance of three (3) miles with frontages along U.S. 41 East (East Tamiami Trail) again on two disjointed sections of U.S. 41 East. The land area intended by this petition to be added to Fiddler's Creek lies in Section 18, 19 and 29, Township 51 South, Range 27 East, Collier County, Florida (see location map). Approval of this petition will result in functionally adding 1,385 acres of land to the Fiddler's Creek portion of the Marco Shores PUD, but nonetheless leaving unchanged the amount of housing currently allowed, or otherwise adding any commercial development. The added property in part is intended to be used for residential purposes, oriented around lakes and golf course development. A substantial portion of the added land will be preserved as natural open space, while a portion of the added property will be used for recreational amenities for the exclusive use of future residents of Fiddler's Creek. Currently, Fiddler's Creek is authorized to construct 6,000 dwelling units of various housing structure types. These 6,000 dwelling units will as a result of this petition if approved be spread over an enlarged area of land having the effect of lowering overall density. This petition does not change any development regulations or land uses as they apply to the unrelated portions ofthe Marco Shores PUD. Neither does the petition change regulatiols or / ]. [ FEB 2 4 1998 / .-- apply to the existing Fiddler's Creek portion of Marco Shores. The only change is the functional integration represented by the new Master Plan. Approval of this petition will be consistent with the FLUE to the GMP in the event a companion application to amend the FLUE is approved. The petition has been evaluated for consistency with other applicable elements of the GMP and has been found consistent with those elements. With respect to the added land a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based as this applies to added area (i.e. 1,385 acres). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the matter of consistency with the FLUE to the GMP, relationships of compatibility, the major criteria in support of rezoning actions is as follov, s. The fact remains that an urban subdivision is located to the east of the subject property which produces a condition whereby the property is surrounded on three sides with non-agricultural urban zoning districts. This fact coupled with the availability of public sewer and water utilities support an action to rezone the property on the bases of compatibility with surrounding proposed and/or existing land uses. This finding is particularly enhanced by the fact that no additional dwelling units, over and above those now authorized for the existing Fiddler's Creek area, will result from an action to rezone 1,385 acres of land which if it were to remain agricultural could be subdivided into 277 single family five (5) acre tracts. One might justifiably conclude that this action will result in reducing the density in this general area to the extent that 277 housing units will not be built and that the currently authorized 6,000 dwelling units will be spread out over an enlarged area. Therefore, in the event the FLUE is amended as transmitted to the DCA by the BCC this petition is then both consistent with the long range land use plan, and is compatible with surrounding existing and zoned land uses. Couple these relationships to the issue of timing which exists by virtue of the availability ofsewer and water utilities; immediate access to the County's arterial highway system and a preponderance of the findings for rezones in support of the rezone, all of which criteria are in place to justify approving this rezoning petition. The Collier County Planning Commission heard this petition on FebruaD' 5, 199g. They unanimously recommended approval (7 to 0). Several people addressed the Commission both in support of and in opposition to the approval of this petition. ~.~ , FEB 2 ~. 1998 2 FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide ~upplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As derazxibed above the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the ~'ategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 9,)-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's properly is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommends approval of Petition PUD-84-7(6) being a petition to rezone certain property fi.om "A" Rural Agricultural to "PUD" Planned Unit Development and to amend the Marco Shores/Fiddler's Creek PUD for the purposes of incorporating this land into the Fiddler's Creek portion of the Marco Shores PUD as described by the Draft Ordinance and Exhibits thereto made a part of this staff report. FEB 2. $1998 ~ H~'qNER REVIEWED BY: ~AICP DONALD W. ARNOLD, AICP PLANNING SERVICES DEPA/RTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMt~ DEV. AND ENVIRONMENTAL SVCS. DATE DATE PUD-~,-7(6) EX SUMMARY/md FEB 2 $1998 AGENDA ITEM 7-F MIgMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION DATE: RE: NOVEMBER 5, 1997 PETITION NO: PUD-S4-7 (6) MARCO SHORES/FIDDLER'S CREEK OWNER/AGENT: Agent: Mr. George L. Vamadoe Young, VanAssenderp & Vamadoe, P.A. $01 Laurcl Oak Drive, Suite 300 Naples, Florida 34108 Owner and: Contract Purchaser DY Associates )'oint Venture 4001 Tamiami Trail North, Suite 350 Naples, Florida 34103 Principals: Parcel D Development, Inc. and Parcel Y Development, Inc. Owner~: Gargiulo P.R., Inc. a Delaware Corp. (Ail ownership interests included with application) REOUESTED ACTION;. This petition seeks to amend the current Marco Shores/Fiddler's Creek PUD and to rezone certain property containing 1355 acres now zoned "A" Rural Agricultural to "PUD" Pla~med Unit Development which will be functionally integrated into the Fiddler's Creek portion of the Marco Shores PUD. This petition is only relevant to the Fiddler's Creek portion of Marco Shor~ which is otherwise tmaffected by this petition. GEOGRAPHIC LOCATION; The Fiddler's Creek portion of Marco Shores is located east of C.R. 951 with frontage on two disjointed segments of C.R. 951 and exte"nds east a distance of three (B) miles with frontages along U.S. 41 East (East Tamiami Trail) again on two disjointed sections of U.S. 41 East. The land area intended by this petition to be added to Fiddler's Creek lies in S Township 51 South, Range 27 East, Collier County, Florida (See location map 1 oo PURPOSE/DESCRIPTION OF AME~~ AND ADDITION: Approval of this petition will result in functionally adding 1,385 acres of land to the Fiddler's Creek portion of the Marco Shores PUD, but nonetheless leaving unchanged the amount of housing currently allowed, or otherwise adding any commercial development. The added property in part is intended to be used for residential purposes, oriented around lakes and golf course development. A substantial portion of the added land will be preserved as natural open space, while a portion of the added property will be used for recreational amenities for the exclusive use of future residents of Fiddler's Creek. Currently, Fiddler's Creek is authorized to construct 6,000 dwelling units of various housing stmcma, e types. These 6,000 dwelling units will as a result of this petition if approved be spread over an enlarged area of land having the effect of lowering overall density. This petition does not change any development regulations or land uses as they apply to the unrelated portions of the Marco Shores PUD. Neither does the petition change regulations or uses of land as they apply to the existing Fiddler's Creek portion of Marco Shores. The only change is the functional integration represented by the new Master Plan. SURROUNDING LAND USE AND ZONING: Inasmuch as the amendment to the Fiddler's Creek portion of Marco Shores does nothing to change perimeter boundary conditions, nothing is gained by revi:~iting adjacent land use relationships. Fiddler's Creek is actively under development in a manner con,.'istent with its approval. Relative to the land area to be added and rezoned fi.om its current "A" Rural Agricultural zoning status the following land use relationships exist: Subject Site: The site contains active farm fields and undeveloped lands, including wetlands, and is zoned "A" Rural Agricultural. The property is designated Agricultural/Rural (Agricultural/Rural - Mixed Use Dislrict, Agricultural/Residential Subdistrict) on the Future Land Use Map. Surrounding: North - Across U.S. 41 East, farm fields zoned "A" Rural Agricultural; concrete plant zoned 'T' Industrial' undeveloped land zoned TTRVC, Travel Trailer Recreational Vehicle Czmpground, C-4, General Commercial, and C-5, Heavy Commercial. Abutting in Section 20, sparse single family dwellings around a golf course zoned RSF-3, Residential Single Family and. undeveloped land zoned "A" Rural Agricultural. All designated Agricultm'al/Ru~ Agriculmral/Ru~ - Mixed Use Diraict, Agriculmnl/Residemial Subdistrict. Mobile home park zoned "VR" Village R~idential; undeveloped land zoned "A' Rural ~,icultural. Ail designated Agri~ Agricultural/Rt~al - l~C, med Use District, Agricultural/Resid c'a'Mal Subdistrict. South - Excavation pit zoned "A" Rm'~ Agrio..dtmll with a conditional use; undeveloped land (wetland0 zoned "A" Rural Agricultural. Ail designated Use Distri~, Agricultural/Residential Subdis~ct. We~ - Active and fallow farm fields zoned 'PUD" Planned Unit Development (Fiddler's Creek/Marco Shores, permits + 34 acres of commerci$l uses; 6,000 dwelling units at a density of' 2.$5 DU/A; golf course; preserve areas; pa'ks; school site; associated utilities, lakes, etc.). Designated Urban, Urban - Mixed Use District, Urban Coastal Fringe Subdistrict and Urban Residential Fringe Subdistrict. (~RQWTH MANAGEMENT PLAN CONSISTENCy; The following consistency relationships exist with respect to those elements of the GMP applicable to this petition: ~ - The subject land is located in the Agricultural/Rural designated area. In the non.urban agricultural residential subdistrict residential uses of land are permissible based on a density relationship of I unit per 5 gross acres. It is staffs opinion that as structured this petition is inconsistent with the FLUE because the land use plan provides for residential lot sizes mudler than requited for development of agriculturally designated land. Recognizing this condition the petitioner applied for an amendment to the FLUE to specifically allow the development proposed. The Board of County Commissioners agreed to transmit an amendment to the Florida Department of Community Affairs which would make this petition .consistent with the FLUE as amended. The amendment specifically provides as follows: FEB 2 4 1998 1'9o ~.__ Agricultural/Rural - Mixed Use District 1. Agricultural/Residential Subdistrict The purpose of this Subdistrict is to protect and encourage agricultural activities while providing for iow density residential use in outlying ~reas. Residential land uses may be sllowecl at a maximum density of I unit per 5 gross acres. Existing units a_ _oproved for ~e Fiddler's Creek DRI ma_v be feaJlocated to those parts of' Sections 18. 19 and 29. To,,v~shi_~ 51 South. Range 27 East. added to Fiddler's Creek PUD at a denslr? ~-eai¢. IJ~an 1 unit ocr $ ~oss acres vrovided that no new units are added to the DRI and South Florida Water Management District ~risdictional wetlands bi;_~acted by_ the DR. in said Sections do not exceed 10 acres~ The DCA may appeal said proposed amendment as transmitted within tony-five (45) days of transmittal. Said appeal time frame expires on or about December 1, 1997. This petition will be scheduled t'or a BCC public hearing on lanuary 3, 1998, or if this is not timely, to continue said petition to a date when said FLUE amendment will be accomplished which would allow the development to go forward as planned. Traffic Circulation Element - The proposed PUD amendment will not result in additional site generated trips, therefore, the traffic impact review from tht: original PUD remains valid. Based on Policy :5.1 & :5.2 of the Traffic Circulation Element, this am,,ndment will not exceed :5% or'the LOS "C' design volume on any road within the project's radk's of development influence (PDI). In addition, this amendment will not lower the level of service below any adopted LOS "D" standard within the project's RDI. The additional access point onto U.S. 41, provided as a result ora prior amendment to Fiddler's Creek will allow the dispersal of'project traffic volumes onto U.S. 41 at two points rather than concentrated at one access point and would also allow Fiddler's Creek residents to more directly access the external road network. Clearly the interface between external traffic and Fiddler's Creek will not change as a result of further spreading the development to the east. In any event analysis supports the finding that Fiddler's Creek as reconfigured and expanded by this petition will not impact the major external road system to an extent greater than allowed by TCE policies, and therefore no special mitigation is required to ensure that the :5% threshold is not exceeded. Neither S.R. 951 or Tamiami Trail East is expected to be deficient within the next f~ve (:5) years. The conclusions from the petitioners Trail? Impact Statement summarizes project impacts as follows: The revised development plan does Therefore, the trip generation associated with the revised plan is the same as development parameters. not change the approved developmer~ parameters. The current development parameters, using contemporary trip generation factors, (i.e., IrE, Trip Generation, FiRh Edition), are expected to generate 55% fewer pe~ hour and 22% fewer d~ily net new extern~ trips (i.e., 5,450 and 12,004 trips, respectively) than the approved development pararneters and original trip generation est~ates. The revised development pl~ and current par,meters cle~ly result in less than a "... 15 percent increase in the number of external vehicle trips.., above that which was projected during the original development-of-regional-impact review". Therefore, the current development does not, fi.om a traffic standpoint, result in a substantial deviation from the original. No additional access onto U.S. 41 is planned as pan of the revised development plan. The two access points already approved on U.S. 41 facilitate dispersal of project trnffi¢ volumes onto U.S. 41 and allow residents to more directly access the external road network. The access points onto U.S. 41 are generally consistent with the Collier County 2020 Financially-Feasible Plan. The proposed expansion of Fiddler's Creek to the east will not change the project's trip distribution. There should be no greater impacts on U.S. 41, S.R. 951, and the adjacent external road network than what wag originally approved. The County's transportation and MPO staff reviewed this petition and found no exception to the Traffic Impact Statement. Wastewater and Potable Water Element The subject acreage is within the Collier County water/sewer service area. A wastewater collection and dispcsal system and potable water supply system will be constructed throughout the Fiddler's Creek development area. These systems will be connected to the county's wastewater and potable water systems. No additional construction of county utilities is required to serve Fiddler's Creek. This petition is deemed consistent with the Sewer and Water Element. $lormwater Management Element - A prior approval of an expansion into Section 13 made provision for substantive stormwater management improvements to correct historical deficiencies. The added expansion is designed to further enhance area wide stormwater management conditions through a system of lakes, open space and preserve areas. Consistency with the stormwater management is achieved when stormwater management is executed pursuant to provisions of applicable County codes. Open Space Element - The amount of qualifying open space created by the Master Plan far exceeds requirements of the LDC. Approximately 2,328 acres of the total Fiddler's Creek area of 3,764 acres (i.e. 62%) qualifies as open space. Relative to requirements for consistency approval of this petition adds substantially to the inventory of active and passive recreational opportunities albeit that its use is limited to project residents. NeverthelesS, the degree to which project residents enjoy an optimum degree of recreational amenities reduces demand upon County provided and administrated recreation facilities, and is therefore consistent with the goals and objectives of the open space element, s FEB 2 1998 Conservation and Coastal Management Element - Jurisdictional wetland determinations are subject USACOE, SFWMD, and FDEP regulations. Complying with these agency requirements will inevitably bring about consistency with the goals and objectives of this element. ~ - As structured by the PUD document and master plan it is the opinion of staff that this petition to amend the Fiddler's Creek portion of Marco Shores, and to add 1,385 acres thereto is consistent with the GMP providing the amendment to the FLUE allowing development to ex~end into the non urban agricultural area is approved. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located ~thin an area of histori~archaeological probability or known archaeological site as designated on the official Collier County Probability Map (NW corner of Seetion :29). The petitioner filed an application for Waiver of I-~storic and Archaeological Survey and Assessment requirements which was approved due to the low probability nature of the designated area and the fact that the master plan provided no use for the property. EVALUATION FOR ENVIRONMENTAL~ TRANSPO,°-TATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate st'rff responsible for oversight related to the ~ above referenced areas of critical concern. This primarily includes a review by the Community~ Development Environmental and Engineering staff, and the Transportation Department, however, all County agencies with related iurisdic:ional concerns are asked to review the amendment. Environmental and water management issues were reviewed bi jurisdictional staff who reported to the EAB at their meeting of September 3, 1997. The EAB recommended approval subject to the inclusion of water management and environmental stipulations which are now included in the PUD and which support a statement of consistency with applicable requirements of Collier County. Transportation engineering staff found no substantive issues other than some minor references that needed adjustment. ANALYSIS/EVALUATION: This petition both amends the Marco Shores/Fiddler's Creek PUD, and through a concurrent re, zoning action if approved brings into the Fiddler's Creek portion of the Marco Shores PUD an additional 1,385 acres of land. It is important to appreciate that the amendment to the Marco Shores/Fiddler's Creek PUD is only for the purpose of consolidating the added land area ir, to the PUD Master Plan and Section 13 now referred to as the Fiddler's Creek Addition to Fiddler's Creek. Certain stipulations and/or development commitments have bgen added to the Marco Shores/Fiddler's Creek consolidated PUD that only deal with the Fiddler's Creek Addition. Consequently, development standards and regulations remain unchanged and therefore land uses, standards and regulations now in effect for Marco Shores and Fiddler's Creek, and enjoyed by current owner entities are increasing the amount of land area to which these regulations apply. 6 unaffe~ FEB 2 4 199 .,._/,.z.- B Staff is of the opinion that inasmuch as the amendment does not a_fl'ect how land that is now a pan of the Marco Shores/Fiddler's Creek will be used or internally or exten~y relate to other properties or developments the required ~ndings for standard and PUD rezones do not apply in recognition of the fact tl~t when property was initially rezoned, the decision to approve the Marco Shores/Fiddler's Creek PUD was based upon a preponderance of evidence and conditions which support the required ~ndings for both standard and PUD rezoning actions. With respect to the added land staff completed a comprehensive evaluation of this land use petition aad the criteria on which a favorable deten'nination must be based ~ this applies to ~ded area (i.e. 1,355 acres). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culmLqat~ng Lq a ~taff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2,?.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and conuuent, and form the basis for a recommendation of approval or denial by the Pla~ng Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potentiaJ impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. Notwithstanding the above, staff in reviewing the detern~n~.~ts for adequate findings to support a rezoning action advise as follows: A~Jded Parcel 1.385 Acre. E, Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use element of the Collier County Growth Management Plan. That evaluation indicated that residential development on the 1,385 acres will result from shifting a portion of the authorized number of housing units approved for Marco Shores/Fiddler's Creek as amended. Therefore, the subject property will not be used to achieve additional dwelling units. As amended the gross density for Fiddler's Creek will be 1.6 dwelling units per acre, a reduction from the currently authorized 2.55 dwelling units per acre. Notwithstanding the matter of consistency with the FLUE to the GMP, relationships of compatibility, the major criteria in support of rezoning actions is as follows. The fact remains that an urban subdivision is located to the east of the'subject property which produces a condition whereby the property is surrounded on three sides with non-agricultural urban zoning districts. This fact coupled with the availability of public sewer and water utilities support an action to rezon ~ ?;~.i~'~'~ ~.|,c bases of compatibility with surrounding proposed and/or existing land uses. This indin~'i~larly 7 FEB 2 ~, 1998 enhanced by the fact that no additional dwelling units, over and above those now authorized for the existing Fiddler's Creek area, will result from an action to rezone 1,385 acres of land which if it were to remain agricultural could be subdivided into 277 single family iive (5) acre tracts. One might justifiably conclude that this action will result in reducing the density in this general area to the extent that 277 housing units will not be built and that the currently authorized 6,000 dwelling units will be spread out over an enlarged area. Therefore, in the event the FLUE is amended as transmitted to the DCA by the BCC this petition is then both consistent with the long range land usc plan, and is compatible with surrounding existing and zoned land uses. Couple these relationships to thc issue of timing which exists by virtue of the availability of sewer and water utilities; immediate access to the County's arterial highway system and a preponderance of the findings for rezones in support of the rezone, all of which criteria are in place to justify approving this rezoning petition. Traffic Considerations - As previously indicated this petition if approved would not abridge or be inconsistent with any applicable Traffic Circulation Element objectives and policies, a requirement that needs to be present as a condition of approving a development order. Regulations contained within the Marco Shores/Fiddler's Creek PUD assure that appropriate adjustments will be made at the point where public streets provide access to Fiddler's Creek in terms of turn lanes, traffic signals and other appropriate adjustments to ensure the safe movement of automobiles in and out of Fiddler's Creek. Actually, these provisions were already in place in the current PUD and by virtue of consolidating the subject land into the Fiddler's Creek portion of the Marco Shores PUD they become equally applicable to the added land. ~ewer/Water and Stormwater Mana~;ement: Sewer and Wate_r - Sewer and water utilities will be extended throughout the Fiddler's Creek development. Stormwater Manatemen! - The addition of Section 13 to Fiddler's Creek made possible the provision ofstormwater management conditions which should significantly improve historical surface drainage problems along the East Tamiami Trail and areas north. A continuation ora system of interconnected lakes, extensive open space retention and golf course development will improve stormwater management conditions over those that exist with the property in agricultural use. Additionally the PUD makes specific provision to assist the County in managing drainage on the U.S. 41 corridor and to the extent will provide easements for the purpose of re-establishing historical flow patterns until such time as said flows are routed through Fiddler's Creek lakes and outfall into Fiddler's Creek spreader swale system. Commlmirv Facilities and Services - Currently, community facilities and services such as emergency service providers and proximity to f'u'e station and library services are not readily available but are not located so far as to represent any significant shortcoming. A community park is planned for a property on the north side of East Tamiami Trail approximately I V, miles west of C.R. 951, library services are located on the north side of East Tamiami Trail, approximately 2 V, miles west of C.P,. 951. A fire station is the nearest community service and is located on C.IL i}$l n~~ee s FEB Z 1998 Road. As the Fiddler's Creek neighborhood develops this will generate a demand for more readily available community facilities and services. A site for said facilities and services is available on the East Tamiami Trail frontage and Fiddler's Creek access street. While community facilities and services are not conveniently available commercial services are readily available at two developing major shopping centers. PUD Develot~ment Standards and Master Plan: Residential Mixed Housin~ - The development standards that will apply to development of the expanded Fiddler's Creek land area will be the same as those now authorized in the current Fiddler's Creek/Marco Shores PUD. Those standards are similar in nature to the standards commonly employed in ?UD's h~u'oughout Collier County. The current development standards are designed to prevent indiscriminate mixture of different housing types and to establish appropriate spacing between multi-story buildings and one and two story buildings. Master Plan - For all practical purposes the subject property is merged with that portion of the Fiddler's Creek PUD lying west all the way to C.R. 951 and north to U.S. 41. The Master Plan establishes an additional connection with U.S. 41. A collector road system runs throughout the enlarged Fiddler's Creek project making it convenient for residents to access the external road system. This is consistent with neighborhood design theory. The only modifications to be made to the Marco Shores/Fid61er's Creek PUD is to legally incorporate the 1,385 acres into the PUD, and to make the necessary chm~ges to tables or other areas representing acreage's and density attributable to the addition of the 1,385 acres. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of PUD-84-7 (6) being a petition to rezone certain property from "A" Rural Agricultural to "PUD" Planned Unit Development and to amend the Marco Shores/Fiddler's Creek PUD for the purposes of incorporating this. land into the Fiddler's Creek portion of the Marco Shores PUD as described by the Draft Ordinance and Exhibits thereto made a pan of this staffrepon. P]~PA/~D ~Y/ RONALD F. NINO, AICP DATE FEB 2 4 1998 REVIEWED BY: p.o~,~. ~, A~CP DONALD W. ARNOLD, AICP COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-S4-7 (6) Stafl'Repon for the December 4, 1997 CCPC meeting. COLLIER COUNTY PL~MMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-1~4-? (6) STAFF REPORT/lXl DATE 10 FINDINGS FOR PUD Ptrn-~-7 (63 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning ~!ssion 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 characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities, Pro: (i) The addition of the subject properties to the currently approved Fiddl~s Creek Master Plan and spreading the current housing trait authorization over the consolidated area should have no adverse effect on surrounding areas, traffic and access, drainage, sewer water and other utilities. The property in large pan is an actively fanned area and those areas that will be us~ for some type of land ur-, are suitable for development by virtue of thei~ non-jurisdictional wetland or areas of' special wildlife concern. (ii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iii) Comprehensive multi-disciplines analysis supports the suitability of the land for the uses proposed. Con: (i) None. ]~~ Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infi'astructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and 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 nroyided maintained at public expense. FEB 2 4 1998 p.. /7 e ~Prg/Con.' Evaluation not applicable. ~ Documents submitted with the application provide evidence of ttt~ed control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan; Pro: (i) The development strategy for the subject property will be consistent with the goals, objectives and polities of the Growth Management Plan following approval of an amendment to the GMP which has been transmitted to the DCA. (~gn~ (i) None. Findinl~: Thc subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan as ametded by a GMP amendment wMch has been transmitted to the DCA for approval. A more detailed description of this conformity is addressed in the Staff'Repon. Additional Finding: The subject property is desiffnated Agricultural, however special provision is made to allow development of Sections 18, 19 and 29 provided the land is used to spread residential development now approved for Fiddler's Creek on to said sections. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Findin~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. Pro/(~gn: Evaluation not applicable. Finding: The amount of open space set aside by this project is provisions of the Land Development Code. 2 I FEB241998 I I Po. , The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Cgn; Evaluation not applicable. ~ Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Cgn: Evaluation not applicable. Findine: 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. 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. Pro/Co n: Evaluation not applicable. ~ This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most simLlar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-S4-7 (6)/pd FEB 2 t 1998 Rg?ONE FINDINGS PETITION PUD-84--7 (6) Section 2.7.2.5. of the Collier County Land Development Code requires that the repon and recommmdations ofthe Planning Commission to the Board of County Commissioners shall show tim the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan; Pro/Con: Evaluation not applicable. Summary Findints: The proposed development will be in compliance with the Future land Use Element of' the Growth Management Plan for Collier County and all other elements, their objectives and policies foUowing fu~l adoption of an amendment to the GMP which specifically provides for residential deve:opment on the subject land. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; pro/(~0n: Evaluation not applicable. Subject Site: The site contains active farm fields and undeveloped lands, including wetlands, and is zoned "A" Rural Agricultural. The property is designated Agricultural/Rural (Agricultural/Rural - l~fixed Use District, Agricultural/Residential Subdistric0 on the Future Land Use Map. Surrounding: North - Across U.S. 41 Fast, farm fields zoned "A" Rural Agricultural; concr~e plato zoned 'I' Indumii' undeveloped land zoned TTRVC, Tr~rel Tr~ler Recreational Vehicle Campground, C-,I, General Commercial, and C-5, Heavy Commercial. Abutting in Section 20, sparse single family dwellings around a golf course zoned RSF-3, Residential Single Family a~d Golf Course. East - Mobile home park zoned "VR" Village R~demial; undeveloped land zoned "A" Rm-g agri~. All Subdistrict. South - Excavation pit zoned "A' Rural Agricultural with a conditional use; undeveloped land (wetlands) zoned "A" Rural Agricultural. Ail designated Agricultural/Rural, Agricultural/Rural - lVfixed Use District, Agricultural/Residemial Subdistfict. West - Active and fallow farm fields zoned "PUD" Planned Unit Development (Fiddler's Creek/Marco Shores, permits +_. 34 acres of commercial uses; 6,000 dwelling units at a density of 2.55 DU/A; golf course; prescive areas; parks; school site; associated utilities, lakes, etc.). Designated Urban, Urban - Mixed Use District, Urban Coastal Fringe Subdistrict and Urban Residential Fringe Subdistrict. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Cgn; Evaluation not applicable. Summary Findins~s: The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Availability of adequate infrastructure, nearby urban development, support the timing relationship and justify the development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Pro/Con: Evaluation not applicable. Summary Findints; The district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary; Pro/Con: Evaluation not applicable. 2 FEB Z i 1998 ~ummarY Fi~.inis: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) will be a positive one following final adoption ofa GMP amendment specifically authorizing development. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The consolidation of the subject property into the current fiddler's Creek Master Plan and the number of units brings to Fiddler's Creek the status of a neighborhood. (ii) A residential golf course community represents the optimum end of preferred development strategies based on histork~ development trends. (iii) The County's land use policy as reflected by the FI.LIE supports the proposed land use strategy. Con; (i) Urban Mixed-Use development m~y not coincide with nearby resident's desire to maintain natural vistas which they enioy in their daily movements. Summary Findines: The proposed change will ~;ot adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Additionally, Fiddler's Creek is a neighborhood based on its size and number of housing units. 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 activit7 during construction phases of the development, or otherwise affect public safety; Pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. ( 0n: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree ofdiscomfon is regulated by concurrency requirements. FEB 2 1998 Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and wu found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. mm lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. .Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as .a condition of approval. This project was reviewed for drainage relationships and design ,~d construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management System. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Fro: (i) Urban intensification typically increases the value of adjacent vacant or underutilized land. (ii) A successfully developed residential/golf course community would typically enhance the value of adjacent undeveloped land. ' ^at , FEB 2 4 1998 11. 12. 13. 14. There is no way to guarantee that this project will be marketed in a manner comparable or complimentary to development in the n~rby environs. Summary Findines; This is a subjective determination basod upon antic';'~ted results which may be internal or ex~erng 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 v~lue determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findintsl The basic premise underlying all of the development stand.ds in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gE, es reasonable assur~ce that a change in zoning will not remit in a deterrence to improvement or development of'adjacent property. Whether the proposed change will constitute, a grant of special privilege to qn individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findints; The proposed development.complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with ezisting zoning; Evaluation not applicable. Summary Findints; The subject property is zoned "A" Rural Agricultural and "PUD" Planned Unit Development. Property located with the Urban boundary is expected to be rezoned to a zon/ng classification deemed consistent with the FLUE. Whether the change suggested is out of scale with the needs of the neighborhood or the County; 5 FEB g I 19981 16. 17. Pro/Con: Evaluation not applicable. Summary Finding: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the gale, density sad intensity of land uses deemed to be acceptable for this site. Whether b it impossible to find other adequate sites la the County for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. i;Ismmary Findin2s: This site is zoned "A" Rural Agricultural and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. The physical characteristics of the propert! 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. ~ummarv Findint.s: The site will be altered to the extent necessary to execute the 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 defined and implemented through the Comer County Adequate Public Facilities Ordinance, as amended; ~rp/Con: Evaluation not applicable. ~ummarv Findints: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GIMP. REZONE FEN'DEqGS PUD-84-7 (6)/pd FEB g 4 1998 DATE APPLICATION FOR PUBLIC FOR PUD ;LM~--h-DME .%'i / D 0 C0.v/T0'NITY DEVELOPM~5-P DIVISION PLA~%'N ING SERVICES Name of Applicant ~Y Associates Joint Venture Applican:'s Mailing AdSress 4001 Taniam£ Trail North" Su!t~ 350 City Naoles SCat, Florida Applicant's Telephone Nu.~ber: Res.: Is :he applicant the owner of the subject property? Bus. :~941) 434.203.0. ..... Yes X E (a) If applican: is a land trusu, so in~icace and ns beneficiaries below. (b) If applicant is corporacion o:her than a public corporatic so indicate and name officers an~ najor stockholders belo~ (c) If applican= is a par:nership, limited par=nership business en:i=y, so indicate and name principals below. (d) if app!icanu is an owr..~r, indicate exacu!y as recorded, lis= all other owr. ers, if any. (e) if aDDiican: is a lessee, a~tack cc=y of lease and indi ac~u~ ow. ers ..... a_c=.e, o.. ,..~ lease. _Z_ if applicanz is a .... - . c ..... ac. :urchaser, a=tach copy of contrac and in,icao, ac=ua! o'.T. er(s} name ~n~ a~dress b~!ow. (c) Principals: Parcel D Develo=ment. Ing. and ;avcel Y Development, In (f) Owners: Garc!ulo P.R.. Inc.. a.D.!ewers cot:ora:ion a~ached to Application) 2. Name of A~en= Georce L.. Varn. adce Fizvr. yo:uuq, van Asse~dez-o & Varr. adce. P.A. ADents Mai!in~ Address 801 Laure~ Oak ~rive, s,'ite 300 City Naules State Flori~a Telephone Number: Res.: /94!}597-2S14 Zip 34108 Bus. :~94'. ) -i- FEB241998 ] I ?L'D ORDIR'ANCE NAME A.\'D N'~-iR:Marco Shores (84-42. ame.-.~ed 88-49, amende~ 89-34. ananded 96-42. DETAILED LEGAL DESCRIPTION OF TEE PROPERTY COVERED BY T~ A~LICATION (If space is ina~e~uaze, a==ack on ~epara=e pa~e. If re~/ue~= £nvolve~ change to more than one zonin~ distric:, include separate le~al ~ascription for property involve~ in each dis~rict. If property is odd- shape~, submi= five [5] copies of ~urvey [1" ~o 400' scale]). THE APPLIC3=NT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS A.%ISE CONCE.%NiNG THE LEGAL DESCRIPTION, AN ~NGIM~--T,R'S CERTIFICATION SKALL BE REQUIRED. SECTIONS 18. 19 and 2~ TOWNSHi~ ]1 South RANGE 27 Eas~ All of Sec=ion 1~. l¥in= Sou=k and West of U.S. 41 and the Norzh 1/2 of Section 29, TownshiD 51 S~h. ColliemCoun~v Florida. A~dress or location of subject proDerty ~outh Collier County. east of ~.R. 9~1 and South of U.S. 41. Does property owner own contiguous property tc the subjmct p.-u-pcr:.y? If so, ~ive complete la;al description of entire con=i~uous prope_~=.y. (If space i; inadequate, attach on separate Yes. the exis~in= Fiddler's Creek P%~. Sections 11. 13. 14. 1S. 21. 22. 23. 24, 26 & 23, Tcwr..s~ip 51 South, Ran=e 27 East. Sect!~-~..s 1]. 1%. 15. TYPE OP AFIE~MENT: Document Lan.a-sage X B. PUD Mas=er ?lan Amendmen= Deve!opnen= Order LanTaage DOES A~ME~',~.~F~ COMPLY WiTH Ti~ COMPR~'.~'$iVE PLA.%': X Yes If no, explain: We believe tk~ amendment i£ unnece£sarv ~v virtue of In:e.-ureta~ion GP-50-1. ~' ra~ionaie o~ -..-~..~ is e=ua!!v a:~licable. ~o :he Acricul=ura!/Rura! Desic~..a=ed Area~ however, at th9 r~=aes= 9~ PlarJ. inc Se_-vices a forte! Comprehensive Plan Amendmen: a:=!ica=ion bas been =~i"!ed_as_a~onpanionto this_a~!ica=ion. NAS A PUBLIC KE~RING BEEN F.~LD ON .q~.qIS PROPERTY WITi~.IN ~r.'E LAST ~? IF SO, IN ~OS~ N~? No. r.~...cr. ~he land hein~ a~d~d; p.~ever, ~here ~a~ on the ~x~s~c Fiddler's creek P~ (addition of Sec,!on 13). PETITION #: pUD-84-7(5] DATE_: November 26, 1996 -2- FEB Z 4 1998 10. F3%S A~%~ PORTIO.~ O? TT{.E PUD BEEN SOLD AND/OR X DEVELOPED? AREA.NY C~1%.~$ZS ~ROPOSZD FOR 77.~A. ~:.EA SOLD A.%,-D/OR D~LO~Eb? Yes. iF N~CF. SSARY) . No. IP YES, DESCRIBE: (ATTACH ADDITI~ I, T. Sa.no, being first duly swozv.., depose and say =ha= I am :he President of Parcel D Development, Inc., a partner in D Y Associates Joint Venture, contract purchaser of the property described herein and which is the subject matter of Che proposed hearing; that all the answers to the guestions in this ap=lication. . , and all sketches, data, and o,he." - supplementary mmt=er attached =o and ma~e a part of this application, are hones= and true to the best of my knowledge and belief. I unders=an~ this application must be c~mp. leted and accurate before a hea-'-g cam be advertised. I further perm. i= the undersi~r..ed to ac: as ~ represen=a=ive in any ma=:ers regarding =his Petition. - T. Signature of Con=race ~rchaser George b~Varnadoe Signa~ure~f Agent Sworn toan-_'- sul~scribed before me this T. 1597~ Sworn to and subscribed ~efore me this <~ day George L. Varr..afoe who is personally known ~ me. -3- FEB 2 1998 ~ ~en! Wu Prepm-~ By and UPon Rec, ord~g, Return To: 210581 OR: 2236 PG: 0370 lO/Ot/J~ ~t O]:OOPX O~IGR~ I. I~OCl, J. ~, COPIIS 1(.00 202 le tn: ~bl~, ~ 33134 ~0OO~ HMS IT ~ IXPLIS ~L l(IOI MEMORANDUM OF OPTION AGREEMENT ~.f~ This MI::MORA.NDUM OF OPTION AGREEMENT (this "~") is executed this _ day of October, 1996 by and between GARGIULO P.R., INC., a Delaware corporation ("~'), having an address at 15000 Old U.S. Highway 4I North, Naples, Florida 33963, and MARK .1'. WOODWARD, AS TRUSTEE; ("Ootign¢~"), having an address at 801 Laurel Drive, Suite 640, Naples, Florida 34108. ' WHEREAS, pursuant to an Agreement of Purchase md Sale dated as of March 5, 1996 between Optionor and Optionee, as amended by Addendum dated as of September 12, 1996 (collectively, the "~"), Optionor has granted to Optionee an option (the "O0tion") to purchase five (5) parcels of real property located in CoIli-.r County, Florida and more particularly described on Exhibits A-1 through A-5 attached hereto and made a part hereof (each such parcel being hereinafter referred to as a "Takedown Parcel"); and WHEREAS, Optionee h~ requested, and Optionor has agreed, to record this Memorandum in the Public Records of CoLlier County to evidence the Option. NOW, TH~REFO1LE, in consideration of the foregoing and for other good and valuable consideration, the receipt and su~cicncy of which are hereby acknowledged, the parties agree ,s follows: 1. Re~itala. The foregoing recitals are true and co:'rect and are incorporated herein by this reference. 2. ~.P. IJ.9.fl. Optionor has granted to Optionee the exclusive right to purchase, on the terms and conditions set forth in the Agreement, each of' the following Takedown Parcels on or before the date set forth opposite such Takedown Parcel (the "O_otion Termination Date"): FEB 2 4 1998 p,. ,2 ? OR: 2236 PG: 0371 A-1 A-2 A-3 A-5 Option Termination Dat~ December 1, 1997 Dec~mber I, 1998 December 1, 1999 December 1, 2000 December 1, 2001 deed executed by Opfionor in favor of O"tionee '---'" ._ .. In .the event that a warranty conta/r, ing a reckat~on that tach grantee is a perrr~tted assignee of Optionee) transferring title to a ~, ~or m zavor ozopt~onee's permkted assignee and part/cu~ar Takedown Parcel (such deed bring hereinafter referred to as an "Acceptable Deed") is not recorded in the PubEc Records of' Collier County, Florida on or before the applicable Option Tenninatlon Date, the Op~on shal~ automatically terminate with respect to such Takedown Parcel and with respect to any Takedown Parcels not reviou (coI~ec~'ve~y, the '~em~ir~n~ , :_P sly convey_ed pursuant to an Acre tabI _ Parce~ ). Optmnee shaJI have no ~unher d ht to p · Deed. g purchase any ofth~ R~g Parcels, and the Option shall be null and void and of'no further force or effect with respect to the Remzir~ng ParceIs. Ail Rema/n/ng Parcels shall be automaticaJIy released from tMs Memorandum without the need for any further written evidence thereof. By way ofexample or~y, in the event tha~ an Acceptable Deed for Tak~own Parcel A-1 is not recorded in the Public Records of Co~ier County, FIoHda on or before December I, I~97 and no other Takedown Parcels have been conveyed pursuant to Acceptable Deeds, then the Op'.ion to purchase all or any of'the Takedown Parcels shall thereafter be nuU and void and of no further force or e~ect and a~! of the Takedown Parcels sha~] thereafter be automaticaJly released from th~s Memorandum. 4. Further A~s~rance~. ]~'otw/ths~dLng the provisions in Section 3 above and in no way intending to nullL~ sa~d provisions, Opdonee agrees to execute such instruments as Optionor may request to further evidence the termination of the Option. $. C~r~:~. This Memorandum may be executed in any number ofcounterparts, each ofwh~ch sh~ be d~emed to be an oHg/md but a~l ofwMch together shaJl constitute one and the same instrument. 2 FEB 2 4 1998 T OR: 2236 PG: 0372 IN WITNESS WHEKEOF, the undersigned parties have executed this Memorandum ~s of the date set forth ~bove. Signed, sealed and delivered in the presence of: Print Name: GAR. GIULO P.R., INC., a Delaware corporation By: Name: }'tffrey D. Gargiulo/// Title: President Address: I$000 Old U.S. I-l]ghway 41 North Naples, Florida 33963 Address: 801 Laurel Oak Drive Suite 640 Naples, Florida 34108 STATE OF FLORIDA ) )SS: COUNTY OF COLLIEK ) The foregoing instrument was acknowledged before me this ~ day of October, 1996 by.IEFFREY D. GAP, GIULO, as President of C, argiulo P.R., Inc., a Delaware corporation, on behalf ofthe said corporation. He is personally known to me or has produced as identification. Notary Public Serial Number, Warty l' O.cFic.,iA~ NOTARY 5~ L CON.WrANCt ] GEE NOTARY PtSBLIC ~rAT~ CF FLORIDA COMMlf~ION NO. CC~$77~4 MY COMML~ION D(P. ~%JNE 3.2000 FEB 2 4 1998 OR: 2236 PG: 03~3 STATE O1: FLOR/DA ) ) SS: COUNTY OF COLLIEP- ) The fore$o~ng ~-m.~ncn~ ~ ~cknow~e~ged before me ~s ~d~y of O~ober, 1996, by Mark I. Woodward, s.s Trustee. He is personally known to me or has produc~i as iden6fication. No~ Public Sed~l Number, ~f ~Y FEB 2 A 199B ATTORNEYS-AT-LAW January 30, 1998 CKAIG 1. WOODWARD' MAlE J. WOODWAKD ANTEONY I". Pi]tES.,J~ .~. CH]t/~IlDpifP~ LOMB.~ b'l'EV~ V. ILOUNT $ORN A. GAKNEH CAI~3[ POU~O~LA~ BURT I. ~A~NDZRS of co~q~r~ George L. Varnldoe, Esquire Young, wan Asstnder~ & Varnadoe 801 LaLLTel Oak Drive, Suite 300 N&ples, FL 34108 JAN 3 0 1998 De. ex' George: Yesterday I received a fax from Mar~ Strain reques~ing tha~ provide you wi~.h the names of the principals and shareholders for ~n~., and Par=el Y ~velo~men~, Znc., are ~es ~. M~a~y, B. Cohen, Shuzo Oshina, an~ Takashi S~o. All of ~o 8t~k of ~ Parcel D ~velo~ent, Inc., an~ Parcel Y D~elo~ent, Inc., ~8d by Tomen ~erfc~ In=.. (a New York co,option). ~m address for all dire~ors and Tomen ~erica I~c. is 1285 Argue of ~e ~ericas, New York, ~.~.~0019. Should you require contacting me. information, do not hesitate in Sincerely, M3W:wlh cc: Mr. Hark Strain FEB 2 4 1998 PI,EASE RESPOND TO: NAPLES 606 BALD EAGI, E DR.. SUITE 500. P.O. BOX !, MARCO ISLAND, FIA)RIDA 34146 (941) TOTal= P. ORDINANCE 98. ~ AN ORDI~A~,'CE AM~'~'DI~O ORDI~,~C£ 91-10~ ~ ~~. ~ CO~ ~ ~ CO~ ~ DE~OP~ COD~ ~ ~ CO~~SI~ ZO~G ~G~ONS FOR ~CO~O~D ~A OF CO~ CO~, ~A BY PRO~G FOR SEC~ON O~ ~ ~S ZO~G A~ ~S ~E~ 171718, 1719, ~d 512~8 BY ~O~O ~ ZO~G C~S~ICA~ON OF ~ ~ DES~ ~ PROP~ ~OM "A~ R~ AG~~ TO ~" P~ ~ D~O~ ~O~ ~ ~CO SHO~D~'S ~ ~OR ~O~~Y ~ 3~ A~S MO~ OR ~S OF PROP~W FOR ~ CO~ ~ SPACE USES L~A~D ~ SE~ONS I~, 19, ~ 29, TO~ SO~ ~W~ 27 ~T, COH ~ CO~, ~~ ~ P~ O~CES ~~ S~2, ~ ~ ~4 ~ EST~S~ ~ ~CO SHO~D~'S ~ ~ DE~LOP~, T~E~ ~ ~ S~SEQ~ ~~S ~TO BY PRO~G FOR: SE~ON ~O. ~~S TO SECTION I ~D PROPERW O~~ ~ DES~ON; SECTION ~E. ~~S TO SE~ON ~ ~ ~RO~ DE~LOP~, SEC~ON FO~ ~~S TO SE~ON V ~I~D ~SER~ DIS~ - ~D~'S ~ SE~ON ~~S TO SE~ON ~ ~ ~n p~, ~ 30, ~ 24. B~ BAY ~ ~ HO~'S IS~ DE~~ ~; SE~ON S~ ~~S TO ~ON ~ ~ ~ D~OP~ ST~S, SE~ON S~, ~~S TO SE~ON ENTICED ST~L~A~ONS A%~ CO~S; ~ SE~ON EIG~ PROLOG FOR ~' E~CTI~ DA~. WHF. REAS. on June 12. 1984, the Co~er County Board of Coun~y Commissioners approved Ordin~ce Number 84~2 estab~s~n8 the ~co Shore~ Pl~ed U~t ~~ ~d ~AS. subsequent to s~d approv~ the M~ Shores P~ ~ ~ded on ~ occasions. ~d ~[EREAS. on July 23. 1996, the Marco Shores PUD was again amended by Ordir~tnce .~umber 96-~2 to add 22 9 acres to L'rut 30 and to establish the Fiddler's Creek Area ofuid PUD. and WI~:RE~S. on November :6, 1996. the Bo~d of County Cotra~er~ ~ Ordi~ Number 96-74 to add ~90 acres ~o ~he Fiddler's Cr~k ~ of the Mu~ S~ P~, ~d ~AS. George L V~d~. E~uue of Y~n~ ~ ~ & V~. P A, representing D Y ~sociates Joint Venture. a Fion~ g~ p~p, ~ ~e Bo~ of County Co~ss~oners to ~nher ~end the M~ Shor~d~'s Cr~ P~ U~ Development. as amended .%'OW, ~OR~ BE IT ORDAL'~'ED by. the Boanl of County Cotm~ssioners of Collier FEB 2 4 lgg8 III SECTION ONE: REZONE OF AGRI~R, TURAL ARKA FROM #A" RURAL AGRICULTURAL TO 'I~UD" PLANNED UNIT DEVELOI~MY. NT The zomnB ¢lzssiScadon ofthe rea] property described herein as set forth in Exhibit 'A', ~lched hereto md iAcorpomed by r~e~c,e, Ioc~d in Scions lg, 19, md 29, Town~p 51 171718, 1719, ~nd 512728 i~ hereby chtnged ~Fom "A", Ru~ A~culmr~l to '?UD" in accorda~,e w~ the M~rco S~ores~dd~er's Creek PUD ~ as m~ndad, and ss further amended herein. C}t~cia] Zo~g A~s M·ps ~oer~ 171718, 1719, ~nd 512728 as des~'bed in ~ 91-102. the ColUer County 1.~nd Development Cede, tre hereby amended accordingly. SECTION TWO: AIV[Ehg)N[~NTS TO PROPKRTY OWNI3LSIt~ AND Dr~"'Rl~rrlON SECTION Secdon I entitled "Property Ownership and Description" of Ordinanc~ r~ __m~ted 84-42, 96-74, t~e Marco Shores/Fiddler's Creek PUD, ts tmended, is hereby tmended to read as follow~: 1.3 PROPERTY OWNERSHIP The subject property, w~ the excelrJon of Unit 30, is currently under tl~ o~eer~p ofl%e Deltona Corporation, 3250 S. W. 3 Avenue, MLImi, Florida 33129. A potfoe of Unit 30 (243+ acres) has been developed .u a resort golf course ami is owned by A~ Mutual Life l~sur~nce Company Anethet tract (43.01d: acres) is owned by Southern States Utilkies and is utilized as pm of their wutewatet treatme~ Operali~. The Colligr County School Board owns a twelve (12) acre tract in Unit 30. The temaindm, of Unit 30 ~ the Fiddler's Creek PUD is owned by. 6'B Gu~'Ba7 100, Inc., · Florida e,,Orl:X~a1~m and Parcel Z. ~nc. a Florida corporatiorL jointly doing business M 95 ! Lmld HoldinBs Joim Venture, · Florida general pa~nersMp, hereinafter referred to as Developer. Ll't~t 30 ~ be known u and referred to as Fiddler's Creek. i 7 CO*'D, fL.'N'ITY DEVELOPMENT DISTRICT The develope~ oflqdd~s Creek has es~lL~ed a ~~ ~~ ~ ('~D') for ~e prop~ o~ by d~elo~ ~ the U~ 30 ~nion of~ ~ S~r~ ~, t~ ~ ~ ~j~ent 22.9 acre p~l ~ch ~ pr~y i~m~ ~o ~ddl~s Cr~. ~ ~op~ ofFiddl~s Cr~k ~y ~ a Co~ ~ ~ for ~ 6~ .~, ~, b&,~ .J&d ;~ ~d~s Cr~k ~ ~ r~ ~ ~!o~ Order 84.3, u m~de~ a CDD co~ a ~y, ~ ~ ~~ ~ econom~ way to ~re the prolcon of f~ ~ ~~ ~ ~ Cr~ inclu~8 ~e ad~fions thoro. The ~."~ ac~ ad~;k,,, Fldd2et's Creek Addhlon is amenable to inframucna'e provision by · dir~ict that h~ the powen ~t forth in Chapter 190, F.S. (1~95). Tbe 690 a,:~ pt~vkx~s a&t~on to F~:llc?s C:eek in ~ 13, Townd~p S1 Somh, Ran~ ~ Eask ~ *Section 13'9 and the 13S$ ac~s in Sef:tkxm IS, 19, and 29, Towns~ $1 ~ R. tnge 27 Ea~ by this amendment ~ bete~ c,o____n-y:L4vdy t~fetted to a~ t~e lr~dle~s Cn~k .~uldition. FEB 2 4 1998 SECTION TB:RE£: AMENDMENTS TO PROJECT DEVI:LOlq~ENT SECTION S~'tion fi entitled"Pr~ecTDe, dopmem" o~OrdinL, k~smmd~'~d~,t.42~d96-74. Mazco Shore~vFiddler's Creek PT,,~, ts unended, is hen:by unended to r~l as follows: LA2~ USE SUM:MARY MARCO SHORES PLA.N]~D UNIT D£VI:I.OI~fI:2~ LAND USE L~ .10 Uae 24 IsL,,, o( Hen's BerGdd $ S Cmd~ Ocm~ed TOTAL Pamdmm&l A4u~ 14220 1fl.19 21.10 !ll0 2~1.C)9 S,~-F,n~ O00 Rmdea~ t i40.t0 ]4:20 IOJ19 21.10 !:2.10 Busmcss 33 62 12 60 ? 44 I '/O Patio 12&.1:5 13 20 32.30 4.10 rM. LS huc~ ~xl 14~.9~ 1000 4.70 1:5.C)~ Sctmols 12 12 00 2400 LhdJ~ 43 41 1000 :53.41 .Ccc~ Fled,uti 603 200 103 Pd:~:Ls 190.8 23 60 10.60 0.30 0.11 226.11 Obe' 10.21 16 07 :5.S4 0~ 32.23 TOTAL PL'D 3'763.94) 277 $7 7 aL4 142 89 49 04 14~4 15J3 42'71.30 ACRES .... ::?~:: ! Dewiopmem Tract 1.6 9 I') I 2.10 6 40 4 9~ 0.00 116 No more t~tn be constructed in the tOta~ projea &rca. The ~ross project is ~oss project deasity, therefore, is ~:2'3 2.16 UAitS pet acre. The followin~ b · sununaty of acreage, dwelling units a~d density of each of the development ateu shown on the site development FEB 2 4 1998 De~dopmeot Ares Acres Dwdlb ...... lr~c~e's Cr=k 3,7~.~ 6,~ I J9 U~t 24 2~.ST ~ 9 17 l~e of Cap~ 7.~ 0 N/A H~ ~d 142.19 3~ 2.10 B~d Bay ~ 49.~ 314 ~o~ S~ Cr~k 14.54 ~ 4.95 4.~1.30 2.16 *Corrects origit~l PUD which did not reflect 42 ~cres of preserve. 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek. the lake setback requirements spec~ied in the Land Devdopment Code may be reduced with the administrative Ipptova] ofthe Collier County Development Services Direaor. AIl hkes may be txcav~ed in accordance with the ctoss.~-.~ m fort~ in the Scnlement Agreement. u those cross-sectio~ may be ~ iS prov~ed in :he Settlement Agreement. except for S;.4~. l~- the F~ld~as Cre~ ~_a~_~'~_,~_~ which ~ be pursuamt to the Land Development C'ode requiteme3~. SECTION FOUR: AMENDMENTS TO RESERVE DISTRICT - Ffl)DLER'S CREEK SECTION Section V entitled "Rese~'e District. Fiddler's Creek" of Ordinances numbered 8442 and 96.74. the Maxco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows: 5.3 PEILX.~1TTED USES AND STRUCTL~LES No btuJdi~g or structure, or pan thereof, si~JI be erected, altered, or used, or land or water used, in whole or in pan, for other than the foUowin8: A. Permitted Principal Uses and Structures: Passive recreational trees, boirdwalks, including reo'eatJona] shdters and restrooms (2) Biking. hiking, and nature trails (excluding asphalt paved trails in wetlands). (3) Non-gasoline powered boating traJls. (4) Water management facilities, structures and lakes, including hkes with buD. he~ds or other trchitectural treatments. (5) Roadway cro~ngs and utility crossinBs M designlIed oe ~be Mat~et PLut (6) Those a~-o~ties reasonaJoly necessary to effectu.zte the Fiddler's Creek W~lclI~e wo~ ~ ~ee ~uma~..,,m~ ~ m ~ 4 FEB241998 ! I ,. p,. 37 .._J U~ed Smes Corps of F..fl~rs Dr~l~e and lr" Permit No. ?8B..0683,d~h (7) Any other cortservagon and related open spa~ s~vity or use whie, h is comparable in nature with the foregoin~ uses :md ~ tl~ Development Se~ices Dir~tor de~em'~ees to be compat~k in the ILeserve 1~ O) Advisory Boud C"EAB'). 5.4 DEVELOPIVIL;~T STANDARDS A W'rthin Fiddler's Cr~ ~ ~ ~ion of ~ ~ ~ ~ ~ ~ ro~ ~ for pa~, ~~ ~ ~t~ ~~ ~ ~ ~ HddI~s Cr~ ~difio~ ~dMg ~ I~ ~ f~ (153 ~d ~ ~ ~ge of~d pre--es in ~ plac~ ~ a~a~$ ~-~ f~ (2~3 ~m ~ I~dwvd edge ofw~l~ds 3. Lighting facilities shall be arranged in · manner which will ~ect roadways tnd residentiaJ properties fi'om direct glare or unreasonable intmeerenct C .Maximum height of structures - Twemy-fr~e feet (2f'). D. I~animum distance between principal structures - Ten feet (lO'). E. ,Minimum distance belwe, eh accessory structures. Five feet F. MTmimum floor ue~ - None required. G. ,Minimum lot or parcel s,r~ - None required. Standards for parking, landscaping, signs and other land uses where tach standards · re not specified herein or within adopted Fiddler's Creek Design Guidelines and S'4ndar~ ar~ to be in accordance with the Colher County Land Devg~ Code in effect at the time of Site P'lan approval. Unless otherwise indicated, requited y~rds, heishts. And floor u~ standards &pp~ to principaJ stmclures. SECTION FIVE: AMEA'DMT~fTS TO PARIC~ UNIT 30, uNTr ~t, BARFIEI. D BAY M1~ AND ltORR'S ISLAI~'D DEVELOPI~I~NT AREAS SEC11ON Sec'~ion VIII engtled "Pa.,'ks, Unit 30, Unit 24. B~eld B~7 MI: m~d Horr's Island Devgopm~ A,re~s" of Ordin~ccs nurnl~ S,~42 ~ 96-?~, the Mai'co Sbores/F'~'s Cre~ PUD, as m~xicd, is h~rdr~ ~moxiat ~o ~td two p~.~r~hs ~ "Purpose' ~! "Uses Pertained" for tl~ l:iddlcr's Creek Addigon, S~aion 29. ~nd to c~n~e the Secgoa VIH tide to re~d u follows: SECTION VIII PARI~S. UIqlT 30. UNIT 24. B~ BAY lV~. ~ HOP, It'S t.4 PUP, POSE S.S USI!S PERMITTED Th~ ~ on St~io~ 2~ ~r~ limimi to tl~ figlowl~ D. L~achi~i ~d slor~s~ f~'lili~ for wtu-'rcr~f~; Any oth~ conscr~ion, r~creagon o~ re.I~i open sp~c~ S£CTIO,'~ SIX: AI~IE~'D.~IENTS TO DEVELOP,WE~'T STANDARDS SECTIO,~I SeC~on XI en~iUed "Dtw~loprn~ Sulnd~rds" of Ordinances numbered ~4-42 ~nd 96-74, the Ivi~rco Shorcs/Fidd]er*s Creek PUD, ~s ~mended, is h~reby ~.m~nd~t to re.~d ss follows: l !.~ CLEARlY'G, GP, AD~G, EARTHWOP, K, AND SITE DRAINAGE 0~ ipplicablc s~azc ~nd locg codes ~s modified in this document ~d by the F'di Asrc~m,.'ni d~t~ April 4. ~995, bct'w¢cn Collier Count7 ~d the D~velop~r. Th~ Stol .~r~rn Asr~rr~rn ~d t.~ conc~n~l drainage plans submiu~ whh this ~pplicuion gor~ wi~ th~ r~commcnd~ons ot'th¢ v~.'icvs r~,vi~w cornmi~,s will b~ us~ ss ~ ~uide to th~ ting d~-v~loprr~t of'th~ dr~r~ ~nd ro~d s~ns within th~ v~'iou$ dc~lopm~nt FEB 1 4, 1998 Purm~ to ~Ae A~zmnem between ~he Developer ~ Collie~ Corem/dram April 4. lOgS, l~d cle&-m& excav~iof~ ~d ~ m,ty occur widen Fiddle's Creek prior to deveJopmem plan approval or buiidin~ perm~ imance. ~x:tia~ T~ Y~lln, s ~ ~ wu nm mve~ by the Senlemmt ~ m the F',n A~anat ~ Tb~r-xld~sCreek~shanbesovemedbytheprovisions of the ~ Dev~opmen~ Code, excep~ ss modi~ed her~in, without refemx~ to the Senle~ Ap'eeme~ c~ F,n Al~emem. 11.1'/WATER MANAG~ Detailed ~e ~8e pl~ts ~ be sul:m~-nM to ~ County F. nljneer far review. No consm~on pem~ sh~ll be ismed unless s~d un~ spl~'ov~ of ~ p'opaeed oonstm~ in accordance with tbe subnined plans is grained by ~e Coumy ~, exa~ m the extent pertained by the F~II ~ described in Section I i.5 hem~ A. FIDDLER'S CREEX SECTION 13 The following s~tnd~rds and s,,ipuhgons shall apply to Section 13 oftbe lr~tdle~s Creek portion ofth~ PUD: The perin~ef I~ for Section ]3 sh~D mees ~ Devdopmem C~xle requ~emenu u to ~ ~om d~e property line. Provisions for Section 13 to accept or pass through existing flows from culverts SIS-O01-.eO 150 and 180 under U.S. 41 shall be addr~sed by one or more of ~e following meihods: t) Routing w~st alonS north line of Se~ion 13 eonnecti~ to U.S. 41 ouffall SMJe No. !. b) Routing sou:h along e~ side of ~ 13, md fur,her connecgns to Fiddler's Creek spreager c) Routing throuih project's imemal water manqnmnt sysmm. All of ~he ~x)ve ~e subjec~ m peflni~inS by Soudl Fk)rkh Waser Mtnagemer~ Distric~ 4 Any o~he~ drayage ea,sen~nu required in Section 13 fro' die conveyance of off-site flows sha~ be dedic.~ted and recorded within one (1) year of approval of the re.one of Section 13, pmsutm to ~e prcw~____, set forth in 3 above. FIDDT ]~R~ C~ SECTION~ il ~ ig The followina s',~ndanis ~ sgpuhlions shall apply to Seetlom 15 snd 19 of d~ Creek pofllon oldie PUD: U.S. 41 ~ and to ~to.'~ _- ....... - ~---~ '---~ ~---~ ~--~ ..2'be 8. bo w-~ 6 rnomb ~tbe ~d~ ~s md It, i~'dsd dS. across Sections 1S a~d 19. 1 I. 19 GENERAL LA.\'DSCAPE DEVELOP]~-N'T CONCEPT The development of ~ traas shall be subject to the then currmt Coup/r~,_,!~_~ons concemins hfldscaping. Special provisions for the possible preservation of selected v~etation are provided in the mpuhdons ~ to Horr's Island. ~ Bm/sncl .lohn Ste,,~s Creek devdopmem u'tu. vegetation in these areas. A. Pre~.rvation ~ Reservation Are~.s: FEB 2 4, 1998 lag. '/7// dr,;n~te design or ~ glowed by unt~ed, ~th the ~on o~ deeded to ~h~ homeo~en ~iz~on or appr~ 11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLEr'S ~ The following Subdivision Regulations eom the Land Developmem Code ('LDC') shall be waived and modified as follows: Bo Land Developmem Code §3.2.8.3.17.2. Sidewa~J will be consm~ed u shown on the roadway cross-sections attached as Exiu'bit 'TC-F. Al Devdop~s option, bikepaths may be substituted for sidewsiks and sldewalk~ ~ be optional For roadways with fiRT foot (50') right-of, way~ and that ~tve only one tract ot parcel. Land Development Code §3.2.$.4.1 - The sccess ~ ofthls S~ion ~ra waived and connections shall be as shown on th~ Muter ~ Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Mas~er ?lan. La~d Development Code §3.2.8.4.16.5 - Risht of way widths sh~ be as shown on the roadway cross-sec~ions attached as Exhibit "FC-F. Land Development Code §32.8.4.166. The length of dead-end sueeu or cul.de-sacs sha~l be as show~ on the Master Pla~. Lazed Development Code §:~ 2.8.4.16.9 &. 10. The minimums of these set, ohs ate waived u~d these t~ngaus s~U be as depi~ed on the ~,tt~et Plan, except for Sectia~ ::. the 'ndc ' C.n=kto Cre Addition, the minimum oft ~ese sections may be waived adltdnh~l~y at time of PSP or development plan su~rnktal with ~stification based on design speed. Land Development Code §3.2.8.3.19. Developer reserves the riehl, subject to approval of Co~er County Transportation Depa, nmenL to ~eek sub--es for tta~c and street signs within the boundaries of F~ddler's Creek. Land Devdopme~ Code §3.5.7.1 - Excavation ~back distances may be reduced by the Coiner Couray Engineo-~ Review upon demonstration by Devdopet fl~ tr4.fllc sa. fety considerations are adch'essed. Land Developmem Code §3.5.7.2 & .3 - Excav~ion side dopes lad depths shall be in accordance wi~h the ~oreme~doned Serdement Agreemem, excelx fro' Set'tiatr~ the F~ddle. z'$ Creek Add/gon. which shgl be in sccordm~ with ~ 3.~ ofthe La~ Development Code. Land Development Code §3.2.8.4.16.12.d. The paveme~ surface coarse thickness sh~ll be as shown on roMw~y eross-saoJons as Exh'bit "IrC-F. _.~___~e~ for ~ the'F'ddle~s Creek Ad.on where pavement surface coune d~Ja~ss sh~l] be purmant to Appendix "B" of the IAnd Development Code. 11.22 SIGNS IN FIDDLER'S CREEK All signs in Fddier's Creek sh~ be in accordance with Division 2.5 of Coil~' CoumT's Land ~me~ Code, as the same may be in effec~ ~ the time of Site Devdopmem Plan approval,~dth the following exceptions: FEB g 4 1998 Po. ,, 'K'?-' __ Pcrm~ent Community Sign·Be ~ 1. P~ccc I~ Sisr. s - Two ~rouncL w~ or ~te pro~ect idemi~cati~ signs may be located at each emm~ to the development, subject to the following requirements: Such si~s sh~l only conuin the name of the development and any symbol or icon idemi~y~g the development, taxi ~ not core,in ~ny promotior~l or s~es informtlon. ~) Project iderd6ca~ion signs shall not ex¢_,~__ ~ (60) square feet e. ac~ exduding mourning surfaces or structures. Where sign·ge is a~llxed or an imegrd pan of· wall or fence, the f~e of the sign may to beig~t restrictions. No proj~ ~ signs ~ exceed the height often feet (I0') above the fidshed ground level of the sign site. Boundary Monmnent Sic'age - Project monument signs nm/be located at or near each bounda~ ofthe project on S.R. 951 and U.S. 41, provided that no such sign shaJl exceed twelve (12) square feet, exclud~ mounting surfaces or swdctures, a~d further providing that all oOler requirmmms of 11.22A. I) are met. Tract lderd6cation Signs - Each t~act containing · di~etent use may have at each entrance or in other approved location an ident~cation sign not more than six fe~ (~9 in h~i~h~ ~ thirty-two 02) squ~re feet in area. provided the requirements of Se~ion 11.22A. !) not in cordlict herewith m~ met. Directior~l Signs - At each intersection in the development, four (4) squa~ toot directionaJ identification signs are pennined for each separate use bdn$ identified t'or directional purposes. One sign may incorporate all uses being identified, shdl maintain a common ~'ch~ecmt~ lb·me, such sign sh~ exceed six feet (6') in height and twenty (20) squat· feet in ate·, and meet the requiremems of Se·ion 1 !.22A.!) not in conflict hetewkh. Temporazy or Promotional Sign·ge - T~se signs are to d'u'ect prospective purchasers and identify the various projects be{rig developed. One dcvelopmem armouncemeat si~n m~y be emceed on erich projec~ street fi*ontage for ~ch tr~ or pared, idauif~g the proposed project or project under construction, subject to the following requirements: (b) Thn'e shall be no more than two (2) signs per tract, pared or projecc Such siam ~ nm ~_-_~_ ~,~y (60) square feet in area, excluding moum~ surfaces or ~ Wl~re su~ slgn~e is an·tied or ~ to a wall m fence, the face oftbe sign nay p.-ol,-dde above the upper edge of the ~ m fence, but remain subject to l~ht resuictlons, (c) No devdopment snnounoement signs shall exceed ten feet (ilY) a~x~ve the ~nlshed grade of the sign ~ Residential Lot Signs. lnd~ re~deatial Iou may be idmtiSed by · sign not to exc_-~__ two (2) square feet or prom~e more than three feet (3') above FEB2&1998 I ., the finished grade of the lot, provided such si~n shall only comain the £ollowing information: lot number, name or'owner or builder, and telephone number t'or conta~ and shall comply with the requirements of Section ! 1.22.B. I) not in conflict herewith. Residential Cort~ruction Lot Signs - During the construction phase on any residential lot, a ternpora~T sign identifying the owner, btu'Met, lot number. and phrase such as "the new home of "may be ere~____~_, subject to the followlng requiremen/j: (a) Such signs shall not exc_,~__ six (6) square feet in a~a or protrude more than Iota' feet (4') above the ~ ~ Such SiBnS shall meel the requirements of Section ! 1.22~. 1) not in con, ct herewith. SECTION SEVEN: AMENDMENTS TO STIPULATIONS AN~ COM~IIT~IEN'I'S SECTION Section X~I en~ded "Stlp,_,!adons and Conu'ni~enu" of Ordinances numbered [4-42 and 96- 74. the Marco Shores/~:iddler's Creek PL~, as a~ended, is hereby amended to re. ad as follows: 12.1 ST~ULATIONS AND CO~S - ENV~O~AL ADVISORY BOARD A. Conditions Recommended by Envimnment~ Advisory Board ("EAB*) (1) Staff recommends a?proval t'or all development areas of Rezone Petition R- 84.7C with specific regards to PUD Zoning Classification. (2) Staff recorrtmends Conceptual Drabage Approval of the fol~owin8 development areas: (a) Fiddler's Creek (b) Unit 24 (c) Goodland M~na (3) (4) Resubmission to EA~ for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of lion's Island, Bar, eld Bay Multi-family and $ohn Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAB. Detailed site drainage plans for all devdopment meal ~ be submitted tO the EA~ for review and approval. No construction permits shall be issued unless and until approval of' the proposed construction in n_~_~ordance ~ the submitted pla. ns is granted by the county Engineer and the Eavimmnental Advisory Board. l~t~ed ~te drainage plans showing tho effectiveness ofthe ~olfcourse lake sys~m and the extent of the water mans&ement system, indudinl spreaders. that will be constructed as pert of the initial phase shall be subn~ed to Pr~ecz Review Services for review. No construction permits shall be issued unless and unfi/apb-oval oft.~e propos:d construction in aotamfance with the 12.2 submittcd plans is ~r~nted by Project Review Servic~ (6) Historicafly. ofl.*site flows have been ~K! continue to be rmaed throo e~edy portion of the proposed development. Should ~e existLn~ routing or off=site flows be impacted by the inidal proposed devdopment, provisions sMll be made for re-routin$ and/or continuin8 to allow historic off-site flows to p~s through the initial phase proposed tot development. (7) Bazed on prior commitments, Ordinance 88-26 is to apply except as Section 8 thereof is modified by the approved 'Conceptual Dra~nagn Plan, Marco Shorts Unit 30', Sheet G-l, dated Stnuary 1984, "Typical Lake Section', with respect to lake slopts and depths, and further, the lake setbacks fxom abutting rights-of-way will nm be required provided safety btrders (which may include ia~sc.~pin8 with berms) ~re utilized to the extent that such setbacks tre not met, not will the rts~olltion requirements con~%ined in Subsection F apply. The above does not apply to ~ the F'KMI~$ Creek Addition, which shall meet the requimnmu of Division 3.$ of the Land Development Code. STIPULATIONS AND CO~II~S - E'NrVIRONME2qTAL ADVISORY BOARD Stipulations To Rezonin8 of Category ! Lands: Fiddlers Creek, Unit 24, Isle of Capri, Goodla.nd Ma.ina (I) Native Veg~tatic n a~d Habitats During development Dehona will fill all areas of U~ 24 under an elevation of six feet s~d construct the road~ lake, and other water ma~agem :nt facilities u proposed on the conceptual plan for bo~ those area~ und~ and over the slx toot contour. Co) Following this a vegetation survey ofthe remaining umbered areas of Unit 24 will be prepared by Dehona and submined to the County Environmcr~tlist. (c) The County En~'o~eaaJL~ will use the ve~emion survey a~l work with De. Aorta or the archkects h~red by future owners of multi-family lots of Unit 24 to arrive at · fu~] bulldog and parkinS lot h.vout that would ~nimLze the destruction of remainin8 undisturbed native vege~tion. (d) Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of FJorida in this documem.. In addition to these areas, approxinutdy ~ 693 · c~ts of addldonal land is set aside in FMdle~'s Credo u depicted on Exl~it 'FC-A', and u regulated by Section V hereof. Other than incorporation into the approved drainage design or u allowed by required innova] of exotic vegetation, and deeded to the homeowners usochtion or approved entity upon platting ofeese specific areu. (2) Archaeological Resou:cts The Devd~ ofeach of the ~ desmted projects will design and implement a plan so that if an ~chaoologlcal site ot artifact is uncovered during site clea~ing, ~'~n& or ~~ ~m~ion in i~t I~tion ~II ~ ~op~ rot n ~d~ ~ of~ to ~ En~ro~ S~on ~o ~ t~ ~ ~ d~ ~ exov~tion is n~. ~e ~ro~ S~on or ~ ~1~ ~ ~ r~nd to de~y~. (c) P~or ~o ~ ~rk ~ ~e ~ ~ ~ ~ ~~ ~ ~ ~ d~~ ~ to d~ ~ ~ of r~n~ sites in t~t ~ci~. (d) I~ e si~fi~t site is d~ ~e ~~ S~on ~ coordi~te the ~ion o~ ~e ~t~ ~ ~ ~o~s cons~ion ~hedule. to r~ove ~y si~ ~. (3) Water Resources - QuaJity To ensure su~cient treatment of water runoff' fi.om development ~rcas, final water management pla.ns will retain sad treat ell mnoffin develops aent ~rea sw~es and/or lakes prior to dischatse fi.om lakes tlvough sgreader waterways. (4) Water Resources - Quantity Final wat~-r rnaz~gement plans, control stmctm'e elevations, lake levels, etc., e:e to repllca~e, as closely as possible, the seasonal pattern of' water discl~rge as necessary to comply with the applicable requh'cmenu of'the Sou~ Florid~ Wa~er lVtar~ District and the Setdemem Agreement, except for ~ t~a Pkldl~s Creek Addition, which sha~l comply with the applicable requirements of South Florida Water Management District and Col~et County. (b) Water will be retained on site during the natural dry season and will be discharged at e rate similar to pre-development conditions during the wet season pursuant to the applicable requirements of the South Florida Water tv~nagement District a.,ut the SL~cmc,~ Agreement, except for ~ t~. F~dd]e~ Cree~. A_~M:~. which shall comply with the appEca~le requLrements of Sout~ Florida Water Mtnagement District tnd Collier County. 12.4 STIPULATIONS A.ND CO~MI~S - UTILFFIES Waste Water Management (!) Under the fr4nchise mod~c~tion, as provided for below in "2' and tl~s Section, Deltona, through Delton~ Utilities, Inc., ~ assun~ respon~"otlity disposal facilities and necessary to provide sewer service to the Mazco Development erea~ and to those ~reas known as Unit 24 and Unit 27. The Bo,vd of County Cornmissico~ benday authorizes Ddtona to undertake thc responsibility for sewer service, as provided in "!" of this Section, by gran~8 the following mo&fic~ion to Deltona's Sewer Franchise Asteement, FEB 2 1998 dated April 27, 1971 and recorded in the public records of'Collier County i~ O~cial Records Book 401, Page 304 et seq. (the "Sewer Franchis~ Agreement:).' The sewer fi'~hise area is hereby modi~ed by deleting therefrom all property that is not designated as 'Development Area" under the Mzrco Agreement and substituting therefore gl property., not presently within the sewer Franchise area, that is included within such Development Area. Co) Not wi~ this ~ to ~e Sewer Franchise Agreement, Collier County shall provide sewer service to ~bose areas known as Unit 24 and Fiddler's Creek, provided Col~er County has the capability and has commined to provide such sewer service prior to commencement by Developer of construction of arty additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, Developer shall dedicate all sewage collection facilities to Collier County at the time such gees are planed or rep¼tted (whether or not the plats or replats are identified as Unit 24). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to Developer; alternatively, Collier County may commit to provide immediate sewer service to the planed area, as provided in "b" above. In the event the collection facilities are leased back to Developer, the lease shall be on the followi~$ terms and con~tions: (d) (1) Lea'~e Term - The lease term shah commence f~,om the date of pla:ting and continue uninterrupted for 30 years or until Co;lief County purchases the sewage torment facilities a~ provi-led for in "d" below, whichever Erst occurs. (2) Annual Rent. $1.00 per annum payable annually in advance. (3) Lessee's Righu - L~--~'"_ sl~l have the right to use and operate the sewage collection system, and durin$ the Ieee term, ali connections to the system sba3 be customers of' the lessee. Customers outside the Deltona Franchise Area but served through th~s fac~ty shall be ctmomers ofthe County. (4) Lessee's Obligations - Lessee sl~l have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shaft maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and teat expected. (5) Other Provisions - The leue shgl conta~ tach other provisions as are typica~ included in commerci~ net le.~seback agr~m~ as Developer and CoUier County shall deem rcuonable ami appropr~e. In addition to any ~ ri~ ofcol~ Cou~ m purchue the sew~ system, as provided in the Sewer Franchise Agreement, CoRier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities scndn8 Unit 24. In the event Col~er County exercises this option, the FEB 2 4 1998 (0 purchase pr/ce shaU be detenni~ by ~ddinf: (l) 'rhe atnoun~ ofDdMm's invesun~ in the sewage treatma f~'ilities sen~f such Units ~ any fah, ase vaJue of treatment ~R~ties ('ffColl~ County does not des~e to ta~ title to suc~ treatment ~ac~T~es) and le~ any portion Deltona's investment i~.vi~ recovered fi.om Custome cre~ impact fees to be collected by t~e County and returne to Ddtona u · ~ and (2) arg, acz,.anulated net oper~ loss attn'butable to that port/o~ of the sewer system oc~ dminf that period commenc/nl a/ret 100 custoax~rs btve been connected to the systen ccn~ ~ sh~ provide .n wastewmr trmment re'vices to part of Fiddler's Creek owned or devdoped by Developer. It is a~dpated tt~t Dev~ will use treated wa~ewater effluent tc meet the non-potable water demands fro' Unit 24. T~e e~uenl distribution lines will be dedicated to Collier County at the t~me of ptat~ and ~n ~ event i~ I~ back t~e sewage collection be included in t~e leaseback. (8) Deltona si'all be required to locate the ~nst~uction of a reg~on~ sewase fa~lity in ~e 8~ I~on of U~ 30 Water Supply ~d Tr~t ~d Di~fion ( ! ) ~ C~ W~t~.S,~ ~ ~ ~ R~ W~ S~ ~ ~ · e ~le pro~d~ ~ ~ o~t~ to · o~ ~ of~e d~elopm~t I~g ~t~fl ~y non-b~c~ ~. (2) O) Ali plans and .specifications for transmission and d~stn'bution f~ilities proposed for the treas under this petition ~ be reviewed by the Utilities D~vls~on for conformance with current subdivision requirements and Utilities Division stand.ds for construction. A~ tr::tsmission a,~ ~ facilities widin the noo-~ areu shall be dedi~ted to the Count~ Water-Sewer Dist~t prior to being placed into 12.7 (4) AU water users in the flofl-fi~tch~ed Ireas shill be Coun~ customer3. (5) P~or to ~e is~ of~n~ ~U for n~ ~ d~8 fac~d~ the app~t for ~e ~ ~ ~ p~ ~ ~p~te d~opm~t ~g~ app~le at ~e ~e a~ for the ~ts ~e ~e. ~D~'S C~ S~~ONS ~ CO~ONS No ~ o~ ~.~ ~t~ ~ on ~ ~.9 ~ ~ d~ ~ ~ 7 of ~t "FC~" h~ ~ ~ to ~ ~ of~ ~m ~ ~ p~ I~t~ ~ p~ 1 ~ 49 ~ d~ ~ ~ h~ FEB,41998 Co Lrche development activities in Fiddler's Creek are the cause at'flooding in the Port~ Au-Prince Proje~, Developer shah t~e immediate corrective action. Agricultural uses shall cominue lo be permitted on the undeveloped portions of Fiddler's Creek I)~n8 within the l:Mdlet's Creek Axld~5on 2,.,.~;,,. ;:., ':'c,..~L:s, $; SECTION EIGHT: EFFECTIVE DATE This Ordinance sha]l become effective at such time as its supporting comprehensive pith amendmem, Ordinance Number 98-~ becomes leggy eff'ec~ive as provided by Subsection 163.3189(2Xa), Florida Statutes (I 995). PASSE~ ~ DULY ADOPTED by 0~e Board of County Commi~oners of Cor~er County, Florida, tl~s day of.__ ,1998. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY CO~O, flSSIONERS COLLIER COUNTY. FLORIDA APPROVED AS TO FOtCM LEGAL SUTTIC~NCY MARJ~RIE M. STUDENT ASSISTANT COUNTY ATTORNEY ~HDDL~LA0',PUD.OR.D FEB 2 4 1998 F.~glglT #A" LEGAL DESCRIFrlON ALL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION 19 AND THE NORTH i/2 OF SECTION 29, TOWNSI-EP 51 SOU'I'~ RANGE 27 EAST, COLLIER COUNT~, FLORIDA. [1,384.72 acres] FEB 2 4= 1998 pg. _,-,~ EXECUTIVE SUMMARY PUD-97-16 MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING TOLL BROTHERS, [NC., REQUESTING ,\ REZONE FROM "PUD (CASA DEL SOL GOLF & COLrNTRY CLUB) AND "A' TO "PUb" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NAPLES FOREST COUNTRY CLUB FOR A MIXED USE COMMUNITY CONSISTING OF NO GRF_.A~ THEN 785 MIXED RESIDENTIAL DWELLING UNITS; GOLF COURSE, CLUBHOUSE AND RELATED RECREATIONAL AMENITIES; AND 150,(XX) SQUARE FEET OF COMMERCIAL FLOOR SPACE FOR PROPERTY LOCATED AT THE NORTHWE,.h~ QUADRANT OF C.R. 951 AND RATTLESNAKE-HAMMOCK ROAD (C.IL864) IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONTAllqlNG 485 ACRES, MORE OR LESS. OBJECTIVE: The objective of this petition is to have certain land as herein described rezoned bom its current zoning classification of"A" Rural Agriculture and "PUD" Planned Unit Development to "PUD" Planned Unit Development. CONSIDERATIONS: The property is located on the northwest quadrant of C.R. 951 and Rattlesnake.Hammock Road, containing 485.02 acres more or less. The Development strategy outlined by the PUD regulatory document and master plan is for a mixed use development consisting of a mixed residential development designed around an eighteen (I 8) hole golf course, and a commercial area juxtaposed on that portion of the total site occupying the frontage nearest the comer consistent with its activity center designation from the FLUE. The PUD spocifically authorizes 785 dwelling units, and 150,000 square feet of commercial development. Required natural features preservation, the golf course and its related facilities and water management facilities occupy seventy-four (74) percent of the site. The density of the residential component is 1.67 dwelling units per acre, while thc proposed commercial uses with some exceptions (i.e. hotels/motels, funeral services and miscellaneous per~nal services) are C-3 authorized uses. Approval of this petition is deemed consistent with applicable provisions of the GMP. All staff with jurisdictional responsibilities were given an opportunity to identify juri,~lietional needs resulting from development at this project. Their response identifying conditions needed to assure consistency with the GM? or LDC are reflected in the PUD Document. All rezoning actions require a findings on the part of the Collier County Planning~ based on the provisions of Section 2.7.2.5. A preponderance of the rezone findin tsup onto I FEB 2 & 1998 rezone the subject lands to the Planned Unit Development zoning district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the Staff Report which is approved by the CCPC. The Collier County Planning Commission heard this petition on September 21, 1995 and unanimously (7 to 0) recommended approval of this petition as presented. Residents in the adjacent Shadowoods PUD Park expressed support for approving this petition. Attorney Volpe requested a continuance of this petition for a period of six months based upon the issue of exempting land from a portion of the Casa del Sol PUD in which his client is an owner of land, znd the need for providing ample time to study the effect of this action on his clients property. One hundred and forty (140.68) acres more or less of the lm~.d included in this petition is currently zoned "PUD" as part of the Casa del Sol PUD which is two hundred and forty (240) acres in area. Staff is of the opinion that an owner of land within a PUD where property ownership'a are clearly separate from one another as opposed to held jointly has the right to withdraw from the current PUD in essence nullifying the unified plan of development, and forcing an amendment on the part of the remaining property owner that deals only with the remaining property. To do otherwise would hold hostage the owners in seeking their individual property rights. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fi<al impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event impact fee collections are inadequate to maintain adopted levers of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWI'Ii MANAGEMENT IMPACT: As described above the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GM?. Other related consistency review~ were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adveme impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance development. HISTORIC/ARCHAEOLOGiCAL IMPACT: Staff's analysis indicates that thc 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. PLANN/NG COMMISSION RECOMMENDATION: That the County Board of Commissioners approve Petition PUD-97-16 as described by the draft .O~nance for Adoption and Exhibits thereto (i.e. PUD regulation and master plan) R~nald F. Nlno, ~i,~IC'p DATE Chief Planner REV/EWED BY: PUD-97.16 EX SUMMARY~ FEB 2 4 1998 ~,g..3 AGENDA ZTEM 7-F TO: FROM: DATE: RE: ;MORANDUM NING COMMISSION COMMUNITY DEVELorMENT SERVICES DMSION DECEMBER 11, 1997 PETITION NO: OWNER/AGENT: PUD-97-16, NAPL?£S FOREST COUNTRY CLUB Ag~t: Contract Purchaser:. Mr. Dwight Nadeau McAnly Engineering & Design, Inc. 5101 East Tamiarai Trail, Suite 202 Naples, Florida 34113 Toll Brothers, Inc. I 1145 Harbour Yacht Court Fort Myers, Florida 33908 Max iL Israelson, Stuart G. Israelson & Wendy Israelson 300 W. Pratt Street, Suite 450 Baltimore, MD 21201 REOUESTEO ACT/OM: The objective of this petition is to have certain land as herein described rezoned from its current zoning classification of "A" Rural Agricultural and "PUD" Planned Unit Development to "PUD" Planned Unit Development. GEOGRAPHIC LOCATION~ The property is located on the northwest quadrant of C.IL 951 and Rattlcanake Hammock Road, conta/ning 485.02 acres more or l~s. (See location map following page) FEB 2 4 1998 PO. ~'~ il FEB 2 4 PURPOSE/DESCRIPTION OF pROJECT: The development strategy outlined by the PUD regulatory document and mas~er plan is for a raixed use development consisting of a mixed residential development designed around an eighteen (18) hole golf course, and a commercial area juxtaposed on that portion of the total site occupying the frontage nearest the comer consistent with its activity center designation from the FLUE. The PUD specifically authorizes 785 dwelling units and 150,000 square feet of commercial development. Additionally, required natural features preservation, the golf course and its related fa~ilitie~ and water management facilities occupy seventy-four (74) percent of the site. One hundred and forty (140.68) acres more or less of the land included in this petition is currently zoned "PUD" as part of the Casa del Sol PUD which is ,'wo hundred and forty (240) acr~ in area. Staff is of the opinion that an owner of land within a PUD where property ownerships are clearly separate from one another as opposed to held jointly has the fight to withdraw from the current PUD in essence nullifying the unified plan of development, and forcing an amendment on the part of the remaining property owner that deals only with the remaining property. To do otherwise would hold hostage the owners in seeking their individual property Hghts. This condition came about because a contract purchaser required control of two separately held parcels of land That entity was the petitioner who sought and obtained the rezoning action to a PUD. That entity lost control of the properties for failing to meet the terms of the conU'~t purchase agreement, and consequently the original owners regained ownership of the land. One of those owners has again exercised their right to sell the property to another entity together with property they own that was not included in the Casa De Sol PUD for a free standing PUD exclusive of the remainder area of the Casa del Sol PUD. It is noteworthy that the acreage included in the Casa del Sol PUD is 2.7 dwelling units per acre, whereas as part of the proposed new PUD the density attributable to this same acreage will diminish to 1.67 dwelling units per acre, effectively reducing the number ofdwelling units in this area by 145 dwelling units. ~URROUNDING LAND USE AND ZONING: Existing: Approximately 141 acres habitat on site will be retminc PUD master plan. The property is currently undeveloped. Native habitats on site include pine flatwoods, cypress forest, herbaceus/rock outcropping, cypress/pine forest, freshwater marsh and wet prairie. The northern portion of pwperty is heavily invaded by Melaleuca, The southern portion of the property is less impacted by exotic vegetation. ) percent) of th~ 2 FEB 2 4 1998 A total of 364.45 acres of Collier County/South Florida Water Management District (SFWMD) jurisdictional wetlands have been identified on the subject property. Of these approximately 246.73 acres will be impacted by development. To offset wetland losses the petitioner proposes on site preservation and restoration of 117.72 acres of wetlands and 23.23 acres ofuplands. Thc southern 2/3 of the property is zoned "A" Rural Agricultural, while the northem 1/3 is zoned "PUD" as part ofthe Casa del Sol PUD. Surrounding: Nonh- To the ~;onh the land is undeveloped and is pan of the Casa del Sol PUD not included in this rezoning application. It is worth noting that thc land area currently included in the Casa del Sol PUD would enjoy a density (2.7 alu's/ac) substantially greater than it will enjoy as part of the subject PUD zoning action, so that the action of shitting this land to a new PUD will result in lowering the density over the greater area. East - To the east lies C.1L 951 and undeveloped land which is zoned "A" Rural Agricultural and "PUD" First Assembly of God PUD. South - To the south lies Rattlesnake-Hammock Road while south of Rattlesnake-Hammock Road lies the undeveloped Sierra Meadows PUD which is commercially designated near the comer and residential for the west one-half thereof, two agricultural zoned parcels, and the College Pa.,'k and Collegewood PUD's all of which are undeveloped. The Collegewood PUD is now intended to be the site of a school district fleet maintenance center. West- To the west airfield and development Wing South PUD. 3 the land is improved as a private runway, and a multiple family on property both refcrr~ to a Airpark, and the ShadowWoods FEB 4 199/ GROWTH MANAGEMENT PLAN CONSISTENCY' The property is located within the urban designated area on the FLUE Map. Consistency determinations are as follows: Land Use and Density - Both residential and commercial uses are authorized by virtue of its urban designated status, and location in part within a designated "activity center". Seven hundred and eight-five (785) mixed residential dwel;ing units are proposed for a gross density relationship of 1.67 dwelling units per acre well within the authorization otherwise allowed by the density rating system to the FLUE, which is seven (7) dwellng units per acre. One hundred and fifty thousand (150,000) square feet of commercial is requested on fifteen (15) acres of commercially designated area shown on the master plan as Tract CO (i.e. commercial/office). Activity centers may authorize any of the uses deemed to be commercial by virtue of their inclusion in the C-I thru C-5 zoning districts. The FLUE does not address the matter of intensity. The intensity in this case is 10,000 square feet per acre which is similar to other "activity center" commercial zoning approvals. Traffic Circulation - The ITE Trip Generation Manual indicates that the proposed rezone will generate approximately 8,474 trips on a weekday after trip adjustments are calculated. In addition, the approved trips from the Casa-Del-Sol PUD were subtracted from this total. Based on this data, the site generated traffic will exceed the significance test standard (5 percent of the LOS "C" design volume) on Rattlesnake-Hammock Road (CR-846) and on CR-951 after trip assignments are made. However, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 ofthe Traffic Circulation Element (TCE). The TCE lists this segment of CR-951 as a 4 lane arterial mad fronting the project. The current traffic count for this segment is 16,915 AADT and is operating at LOS "B". In addition, CR-864 is a 2 lane collector road with a count of 10,370 AADT which results in a LOS "C" operation. It should be noted that these road segments are not projected to be deficient by the build-out of this project. As a result no improvements are required in order to meet the adopted LOS standards at that time. Since the PUD site generated trips do not exceed the significance test on any County road, this petition therefore complies with Policy 1.3 of the TCE. Recreation and Open Space - This element has application only with respect to policies relative to enhancing the amount of open space on a project by project bases as required by provisions of the Land Development Code. The LDC requires mixed use projects to provide thirty (30) percent of its area to be allocated for purposes qualifying as open space. The nature of the property combined with a golf course development strategy will result in over seventy (70) percent of the land serving an open space function. 4 F'E8 2 4. 1998 ..._.P~I. Conservation and Coastal Management Element - Provisions contained within the development commitments section of thc PUD ensure that thc CCME policies will be achieved at the time of subsequent development approval actions. Water, Sewer and Storm Water Management - The subject property is served by the County's sewer system and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan .approval process the project will be required to be consistent with all relevant provisions of the LDC. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historic/archaeological probability or known archaeological site as designated on the official Collier County Probability Map. Under this condition a petitioner may submit an application for waiver of an historic and archeological survey which option they choose. The criteria for granting a waiver was demonstrated and approved by the County's CLG coordinator. .EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASI~UCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. This petition was reviewed by the EAB on January 7, 1998. Their recommendations are included in the Development commitments section of the PUD as well as those of jurisdictional staff. 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 staffrecommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff'review of each ofthe criterion is followed by a summary conclusion culminating in a determination of compliance, noo-r, ompliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive by appointed and elected d~cision makers. The evaluation by professional ~ include an analysis of the petition's relationship to the community's fuh.tre use pl not a rezoning action would be consistent with the Collier County Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure (i.e., sewer, water, storm drainage and private utilities and other infi'astmcture (i.e. community facilities and services) and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Relationship to future and Existing Land Uses -- A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. By virtue of its FLUE relationship the land may be rezoned in a manner which permits a multi- use project consisting of various housing structures from :;ingle family detached to multiple family structures in their various forms, associated recreational facilities including a golf coux~e, and commercial development within that portion of the "PUD" w.hich lies within an "activity center" as designated by the FLUE to the GMP. Relative to a finding of compatibility it should be noted that the perimeters of the proposed PUD lie contiguous to approved residential projects of greater density than is allowed by this PUD and is substantially less at 1.67 dwelling units per acre than is otherwise allowed by the FLUE density rating system. Property to the south of Rattlesnake-Hammock area is generally zoned for higher density residential land uses and similar commercial uses opposite the commercial component of this PUD. Clearly given its positive FLUE relationships the land use strategy proposed by this PUD is compatible with the surrounding area. Because PUD zoning districts put forward a higher degree of certainty as to land uses attributable to the Master Land Use Plan, those making investments within this PUD have knowledge of the location of the commercial area, and can judge their housing location choice decision based upon that knowledge. Additionally, however the commercial tract will be separated from residential tracts by a preserve and lake tract. Provisions within the PUD are designed to achieve internal compatibility. Development of this property is timely given surrounding development characteristics and commitments, and is consistent with planning theories in support of maximizing the use of urban infrastructure. Traffic - As indicated above approval of this petition is consistent with GMP traffic policies. The level of service will not be lowered below adopted LOS requirements within the projects radius of development influence. Nevertheless, development authorized by this PUD remains subject to the County's Concurrency Management process. Development commitments are contained within the PUD to ensure compliance with lhe Access Management Plan and with highway geometry at access points to the external highway network. These include sharing costs of necessary traffic signals, installing arterial street level lighting at access points, turn lanes under two-lane and four lane conditions and reservation of right-of-way for the widening of Rattlesnake-Hammock Road. Utility Infrastructure (i.e. Sewer, Water, Storm Water) - Development oeeurri~ be connected to the County's sewer and water distribution system, evidence 4hich ~/[~sts ttl 6 I FE8241998 the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdividing or for approval of SDP's whichever first Naples Forest Golf & Country Club is located in the C-4 canal basin. Drainage in the area is to the south and west. The water management system will utilize a series of interconnected lakes and natural retention/detention areas to achieve water quality improvement and peak flow attenuation. The project covers 485 + acres total, of which 361 acres, including 69 acres of lakes and 29 acres of preserve is within the s~rmwater management area. There is some concern that historical flows in the area be maintained. Appropriate stipulations addr:ssing this concern are included in the development commitment section of the PUD. The preserve along the west property line functions as a flow'way for drainage from the region north of Naples Forest Country Club. Community Services Support Facilities - Both fire, police and other emergency services can be readily provided from the appropriate provider jurisdiction. Master Plan and PUD Development Standards: Master Plan - The Master Plan illustrates a residential development strategy oriented to achieve the greatest views of golf course development, lakes and preserve open space areas. The residential areas are accessed from one point on Rattlesnake-Hammock and C.R. 951 respectively. The commercial tract will be accessed internally and from one point on Rattlesnake-Hammock and C.R. 951 respectively. The accessways to the residential area are to be made private gated entryways. No interconnection is proposed with adjacent property, however, this will have no effect on the density permitted by the PUD. Internal street geometry and construction details are required to comply with Code requirements at the time of platting. Development Standards The development standards employed for each type of residential development are typical of the standards that are capable of producing desirable living environments. Thirty-five (35) feet is the maximum building height for all residential development. The maximum height of buildings for commercial development is fifty (50) feet. A common architectural theme is required for all commercial development. Setback requirements from Rattlesnake-Hammock and C.R. 951 for commercial buildings is fifty (50) feet. All development is subject to I.DC landscape requirements. Subdivision Design Standards and Required Improvements - No deviation or substitution from design standards arc required improvements have been requested at this juncture. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend described by the draft Ordinance for Adoption and Exhibits thereto (i.e. PUD re plan). approval of Petition PUD-97-16 as alation~ and mast...~ FEB 2 4 1998 RoI~D I~-I~?AICP CHIEF PLANNER REVIEWED BY: ROBERT $. MULHERE, AICP CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP P~ERVICES D,~TMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-97-16 StaffReport for January 15, 1998 CCPC meeting. DATE / DAT~ COLLIER COUNTY P;~COMMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-97-16 ~l'A.-z~ REPORT/md FEB 2 4 1998 FINDINGS FOR PUD PUD-97-16 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 characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Flndine: Jurisdictional reviews by County staff support the manner ami pattern of development proposed for the subject property. D~eloprnent conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners al conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other 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. Finding: Documents submitted with the application provide evidence of unified control. 'rhe PUD document makes appropriate provisions for continuing operation and maintenance of common areas. e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. ]FindinG: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description ofthi~ conformity is addressed in the Staff Report. 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. FJ!l.d!tlgl The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External r~lationships am automatically regulated by thc Development Code to assure harmonious relationships between projects., / FEB 2 4 1998 ._J Pa. 5 The adequacy of usable open space areas in existence and as proposed to serve the development. Flndine: The amount of open space set aside by this project will be made conSistent with provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Findine: Timing or sequence of deveiopmenx in light of concurrency requirements is not a significant problem. (Additional response: for projects that may require phasing or special mitigation because of degraded LOS conditions.) The ability of the subject property and of surrounding areas to accommodate expansion. Findine: The property now lies in the middle of intense urban development which is an i.ndication that its timing for development is now ripe. This is further enhanced by its excellent access to the County's arterial highway system. These two conditions support t~e ability of this property to accommodate development. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Findine: The PUD h~ been designed in a manner consistent with current development s+.~nda~ds as they apply to commercial and residential zoning districts. These together with requirement to comply with applicable provisions of the LDC all serve to achieve the public purpose of these regulations. PUD FINDINGS PUD-97-16/md 2 FEB P. 4. 1998 ,f._/'-/ : REZONE FINDINGS PETITION PUD-97-16 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: Vfnether the proposed change will be consi~;tent with the goals, oblectives, and policies and Future Land Use map and the clements of the Growth Management Plan; pro/Con: Evaluation not applicable. Summary Findln_Rs: The proposed development is in compliance with the Ftmare land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. This consistency analysis is addressed at length in the staff report. Companion PUD Findings evaluation as well as the adopted CC'PC staff report addresses this same finding. ® The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is currently undeveloped. Native habitats on site include pine flatwoods, cypress forest, herbaceus/rock outcropping, cypress/pine forest, freshwater marsh and wet prairie. The northern portion of property is heavily invaded by Melaleuca. The southern portion of the property is less impacted by exotic vegetation. Approximately 141 acres (29 percent) ofthe habitat on site will be retained as shown on the PUD master plan. A total of 364.45 acres of Collier County/~outh Florida Water Management District ($FWMD) jurisdictional wetlands have been identified on the subject property. Of these nt~ly 246.73 acres will be impacted by development. To wetland losses the petitioner FEB 2 4 1998 Surrounding: North - East - South - West- preservation and restoration of 117.72 acres of wetlands and 23.23 acres of uplands. The southern 2/3 of the property is zoned "A" Rural Agricultural, while the northcm 1/3 is zoned "PUD" as part ofthe Casa del Sol PUD. To the north the land is undeveloped and is part of the Casa del Sol PUD not included in this rezoning application. It is worth noting that the land area currently iucluded in the Casa del Sol PUD would enjoy a density (2.7 du'rdac) substantially greater than it will enjoy as part ofthe subject PUD zoning action, so that the action of' shifting this land to a new PUD will result in lowering the density over the greater area. To the east lies C.1L 951 and undeveloped land which is zoned "A" Rural Agricultural and 'PUD" First Assembly of God PUD. To the south lies Rattlesnake-Hammock Road while south of Rattlesnake-Hammock Road lies the undeveloped Sierra Meadows PUD which is commercially designated near the comer and resid~tial for the west one-half thereof, two agricultural zoned parcels, and the College Park and Collegcwood PUD's all of which are undeveloped. The Collegcwood PUD is now intended to be the site of a school distfi~ fleet maintenance center. To the west the land is improved as a private airfield and runway, and a multiple family development on property both rvl'etr~ to a Wing South Airpark, and the ShadowWoo& PUD. e The possfble creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Flndfnes: district unrelated to adjacent and nearby districts because The parcel is of a sufficient size that it will not result in an isolated 2 developm~ _ implements a pan of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastruett~ nearby urban development, support the timing relationship and justify the rezoning action.. ® Whether existing district boundaries are illogically drawn In relation to existing conditions on the property proposed for change; Pro/Con; Evaluation not applicable. Summary Findings: The district boundaries arc logically drawn and is the result of rezoning actions made permissible under the FL.'JE to the GMP. ** Whether changed or changing conditions make the passage of the proposed amendment necessary; pro/Con: Evaluation not applicable. Summary F!ndln_Rs: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Futtnc Land Use Element of the GMP) is a positive one and therefore supports the action to rezone for the land strategy contained within the PUD. e W'nether the proposed change will adversely Influence living conditions in the neighborhood; Pro: (i) Residential/golf course communities produce optimum living environments at lower densities than non-golf rourse communities which should enhance overall neighborhood quality. (ii) This development strategy represents the least intrusive impact consistent with property fights. .,~0n: (i) Any development of vacant land is perceived by some people to be undesirable, Summary Findings: Thc proposed change will not adversely influence living conditions in the neighborhood because the recommended development slag/u-ds and other conditions for approval have been promulgated and designed to ensurz tho least amount of adverse impact on adjacent and nearby developments. Low density residential golf course communities should enhance the perception ofneighborbood 3 FEB 2 4= 1998 .,,,.,._Po. -_ Whether the proposed change will create or excessively Increase traffic congestion or create types of traffic deemed incompatible with surrounding land use~, because of peak volumes or projected types of vehicular traffic, Including actfvity during construction phases of the development, or otherwise affect public safety;, ~ (i) The property will access directly to Rattlesnake-Hanunock and C.R. 951, a four lane median divided highway now operating at a LOS which is convenient to the motoring public (ii) Analysis finds approval to be consistent with the Traffic Circulation Element. _Con: (i) Unless improvements are made in a timely manner, urban intensification and expansion deteriorates LOS conditions on major roads which inconvenience the motoring public. .Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP and was found consistent, which is a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; ~ (i) (ii) The project design for storm water management control is r~lu~ by Code to attain the normal rainfall event or annual conditions as represented by its lake storm water r~tention facility and drainag~ Iwales. Easements granted the County by this PUD will act to improve area drainage. Con: (i) Urban intensification has potential to create short t~m drainage problems under unusual rainfall conditions. Summary Findlngsl Every project approved in Collier County involving tho utilization of land for some land use activity is scrutinized and required to mitigate all mb-sm'face drainage generated by developm~tal activiti~ as a condition of approval. This project was reviewed for drainage relationships and design and construction plans am mquir~ to me~'t County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated' by developin~ County is required to react through its Concurrency Management system[ '-'~- 4 FEB 4 1998 I0. Whether the proposed change will seriously reduce light and air to adjacent areas; oP_LqL¢.~ Evaluation not applicable. Surnmarv Findlnus. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent a~eas. In this particular project heights are similar or less that, those allowed for contiguous properties. Whether the proposed change will adversely zffect property values in the adjacent area; Pro: (i) Adjacent properties are already zoned for optimum usage on the north and west sides while the land use proposed for this development is similar to existing potential uses and should have no effect on abutting property values. ~ (i) None. Summar~ Findings~ This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. It should be noted however that the development strategy proposed in part for the subject property is similar to adjoining land. 11, Whether the proposed change will be a deterrent to the Improvement or development of adjacent property In accordance with ezisflng regulations; ~ Evaluation not applicable. ~nmmary und. er_lyi.n.g.all, of ~e development standa~ in the zoning f .-~,, ~vcmpment Uocle is that their sound applicetion when combined with the administrative site development plan approval proce~ gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Vv'nether 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 Flndln~s~ The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with th*. FLUE is fit.ether determirted to be a public welfare relationship because actions consislent with plans are in the public interest. 13. Whether there are substantial reasons svhy the property cannot be used In accordance with existing zoning; Pro/Con: Evaluation not applicable. .Summary Findin~s: Thc subject property is zoned "A" Rural Agricultural and PUD to deny rezoning the 'A' land would be a deprive the property owner of their property 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; pro/Con: Evaluation not applicable. Summary Findings; The proposed development complies with tho Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether Is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. Summary Findings: Whether or not there are other similarly zoned residential areas is irrelevant. 6 FEB 2 4 1998 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 rnnge of potential uses under the proposed zoning classification; pro/Con: Evaluation not applicable. Summary Findiu~_sl The site will be altered to the extent necessary to execute the developm~t strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted In the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended; Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infraztructurc meets with GM~ established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Usc Element of thc GMP. REZONE FINDINGS PUD-97-! 6/md 7 FEB 2 4 1998 ,,~. ,,~/ :ANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE October 3, 1997 Mr. Ronald Nino, Chief Planner Current Planning Collier County Community Development Services Center 2800 North Horseshoe Drive Naples, Florida 34104 Re: PUD Rezoning Petition Project: Naples Forest Country Club PUD Location: Section 15, Township 50 South, Range 26 East, Collier County, Florida Dear Mr. Nino: Pursuant to our Pre-application Conference on August 28, please find the attached application petitioning Collier County's Board of County Commissioners for a PUD rezoning from an existing Agriculture, and PUD Zoning Designation (Casa Del Sol). The subject property, being 485.02 acres will provide for 785 residential units, at 1.67 dwelling unit per gross am'e, and 150,000 square feet of commercial/office uses on 15± acres. You will find a check (#00285668), to satisfy the application and processing costs which were calculated utilizing the fee schedule adopted through Resolution No. 95-64. $2,500.00 + $25.00/acre (~ 486 acres) = $14,650.00 The following documentation is included in the 17 copies of the petition application package: 2. 3. 4. 5. 6. 7. $. 9. PUD Rezoning Application pud Document PUD Master Plan Environmental Impact Statement FLUCCS Exhibits Aerial Photograph Economic Impact Analysis Traffic Impact Statement Water Management Computations 8: Plan What follows is a brief description of the intent behind the subject petition application. The mbject re. zoning property encompasses approximately 485 acres of land located at th~ intron of Rattlesnake Hammock Road and County Road 951. The prol:~nty is in the Urban/Mixed Use Designation as depicted on the Future Land Use Map from Collier County's Growth Management Plan, and is presently zoned Agriculture and PUD (Casa Del Sol). Given that the Casa Del Sol PUD is no longer under unified control, it was recommended by staff that a petition should be requested, with the potential for subsequent action by the Count) balance of Casa Del Sol from the PUD Zone. 5101 TAMtAMI TRNL EAST. SUITE 202. NAPLES. FLORIDA 34113 (941) 775-0723 F~,X (941) 77S-92~ ~,_~!s~r rezonimz FFn 2 4 1§§1 The requested PUD Zoning Designation will allow for the construction of a residential subdivision focused around an l S-hole golf course. Further, being that a portion of the project site encompasses the northwest quadrant of Activity Center//7, a 154- commerdal/oflice component has been included in the unified plan of development; utilizing less than 37 percent of the 40 acre Activity Center described by the current Grovnh Management Plan. Access to the proposed development site would be taken from both Rattlesnake Hammock Road and C.R. 951, all in accordance with the County's Access Management Plan. Water management berming, combined with the innovative buffering techniques provided for in the PUD Document will adequately screen any project related development improvements from off'-site land uses, and assure compatibility. The proposed development will be sea'iced by a central potable water and sanita~ sewer conveyance system. The project's potable water conveyance system will be either connected to existing 20" or 12" water mains located in the Rattlesnake Hammock Road Right-Of-Way for conveyance to the Collier County Water-Sewer District's Regional Water Treatment Plant. The project's sanitary sewer conveyance system will be connected to an existing 20" force main located in the Rattlesnake Hammock Road Right-of-Way for conveyance to the Collier County Water- Sewer District's .South County Regional Waste Water Treatment Facility. Dwight Nadeau Planning Director Enclosures cc: Client File VICINITY MAP ii .I R 26 E R 26 E TOLL BROTHERS, INC. DESCR~P i.NAPLES rORr_~T COUNTRY CLUB PUg I ~ClNITY MAP : ~: "'"~ I~ 0'"~:!~ !~ '~'~' I PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARIN~ FOR REZONE AND CONDITIONAL USE REOUEST~ COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) _ Toll Brothers. Inc, Applicant,s Mailing'Address _11145 Harbour Yacht Court_ City _ Fort Myers Stat,~ ~ Zip ~ Applicant,s Telephone Number: Res/Bus.:_ ¢941) 454-339~ Is the applicant the owner of the subject property? Yes _ X No ~ (a) If applicant is a land trust, so indicate and name beneficiaries below. . _ (b) If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. ... (c) If applicant is a partnership, Ximited partnership or other business, so indicate and name principals below. ____ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. -~ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name below. a s ae s · ua t . s s · W Name of Agent c Agents Mailing Address ~ City NaDles _ State ~ Zip _ 34105 Telephone Number: Res: _ N/~ _ Bus.: _ 775-07:~ ~,~ FEB 1998 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION SECTION 15 TOWNSHIP ~ RANGE _~~ ALL THAT PART OF SECTION ~5, TOWF$~IP 50 SOUTH. RANGE 26 EAST. C0~LIER COUNTY. FLORIDA, LYING SOUTH OF THE FOLLOWING DESCRIBED pARCEL: ~GINNING AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 50 SOUTH. RANGE 26 EAST, CObLIER COUNTY. FLORIDA. THEN ALONG THE NORTH LINE OF SECTION 15, SOUTH 87"3]'14" WEST 100.16 FEET TO THE WEST RIGHT-OF-WAy LINE OF COUNTY ROAD 95t FOR A PLACE OF BEGINNING; THEN ALONG THE WEST RIGHT-OF-WAY LINE SOUTH 00'51'53"_ WEST 892.87 FEET; THEN SOUTH 87"43'59" WEST 4870,63 FEET TO THE WEST LINE OF SECTION 15; THEN ALONG TH~ WEST SECTION LINE NORTH 00"~'23" WEST 8~2.49 FEET TO TH$ NORTHWEST CORNER OF SECTION 15: NORTH 87"37'~4" 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. 4. Size of property 485.0~ ac~s . 5. Address or location of subject property: The subject property is located in the northwest quadrant of the intersection of C.R. 951 and Rattlesnake Hammock Road. 6. Existing land elevation 8.2'-~0.8' ~]GV~) County Flood Criteria Elevation _~one X EL. 7. a. Date subject property acquired (X) or leased ( ): Date of purchase _~~. Date of purchase 6/~3/95. Date of purchase 11/30/93 · Date of purchase %/9/92 . Date of purchase ~/~;89 b. If, Petitioner has contract to buy, indicate date of contract: ~ and date of closing:]~u~-98 8. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property (If space is inadequate, attach on separate page). ~, 2 FEB 4 1998 X THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): A. REZONING: PRESENT ZONING PUD & A. ;%a. RE(~UESTED ZONING PUD FOR Residential/Golf Course DeVelopment B. CONDITIONAL USE OF ZONING FOR 10. 11. 12. 13. 14. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See application letter IS THE PROPOSED USE PROHIBITED BY DEED RESTRICTIONS ? Yes X No kF YES, PROVIDE COPY OF DEED RE.STRICTIONS. IS THIS REQUEST A RESULT OF A VIOLATION ? _No IF SO, TO WHOM WAS THE NOTICE SERVED ? HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR ? No IF SO, IN WHOSE NAME ? ARE THERE EXISTING STRUCTURES ON THE PROPERTY ? ~ TYPE: CBS .... , FRAME , MOBILE HOME , OTHER I, Arthur Friedman, Assistant Vice President of Toll Brothers, Inc., depose and say that the Corporation is contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition as evidenced by the attached Agent Letter. SIGNATURE OF OWNER STATE OF FLORIOA COUNTY OF COLLIER SEE AGENT LETTER The foregoing instrument was acknowledged before me this ~_~ day of ~'/-~~ , 1997, by Dwight Nadeau, Planning Director of McAnly Engineering and Design, Inc., consulting firm acting as agent for the Ultimate unrecorded Land Trust. He is personally known to take an oath. C:\ws\CORR\TOLLPUD.APP (9/97) MeAnly Engineering s_nd Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, Florida 34113 · To Whom It May Concern: Please be advised that authorization is hereby given to the firm et' MeAnly ~g ~ul Del/8~ Inc. to act as agent/'or Toll Brothers, Inc. in all actions relating to the ~ of · residential ~ulxlivlsion for the following descn~ lands: 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 1:5, South 87e37'14'' West 100.16 feet to the West Right-Of-Way line of State Road 951 for · PLACE OF BEGINNING; then along the West Right-Of-Way line South 00°$1'$3'' West 892.87 feet; then South 87043,59'' West 4870.63 feet to the West line of Section I$; then along the West Section line North 00°15'23" 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 State Road 95 i and north of the Right-Of-Way for Road. ~i~ - u; Friedman,~,ss~stant Vice Preside[ : STATE OF ~"t.o ft.~ ~A ' COUNTY OF_ ~,~.~ PUBLIC Toll Brothers, Inc. The foregoing instrument was acknowledged before me this .~ day of ~ 1997, Arthur Friedman, Assistant Vice President, Toll Brothers, Inc., on behalf of the corporation, who is perso~ly known to me, and who did not take an oath. NOTARY PUBLIC Commission Number: Witness my hand and seal ~,i997. .. GRANT, FP. Ir) N & PEARSON, P.A. I~sssl~.lSddsm $ ATTOINF~ AT l.~w S~bcr 25, 1997 Via Famimil~ 21~3~-87.,~ and U.~. Mall ~ (bll) ~14. Mr. Wemer Thiessert, Vice President Toll Brothers, Inc. 3103 Philmont Avenue Hunlingdon Valley, PA 19006 Re: lsraelson Prot~'rty - County Road 95 I, Collier Count, Fiork[a On behalf of our clients, the Isr~elsons, please accept this letter ss their approval to the proposed ~zonc pe~on of thcir property to PUD and'to th~ accompanying exMblts. These include, but arc not limitt~d to, thc PUD documcrn that you ~m wkh yom' ~%~. 9, 1997 lcttcr to Max lsraclson which was copied to mc. Thc documents arc itcmiz~ in tl~ dr~ Icttcr datcd Scptcmber 2, 1997 from McAnlcy EnginccrlnS end Dcslgn, Inc. to Ronald Nm, Cldcf Planner in thc Collier County Dcvclopmcrrt Scrvlccs ~ that accompmlcd yom' Icttff. If an)' changes are to be made to llm application and its exhibits, either before or ~ t'ding, please submit thc changes for rcvicw and approval. This approvnl is ~vcn lmmm~ to s,:ction 15 at'the contract ofMarr, h 15, 1997 ~ the lsrn~lsons nnd Toll l:lroth~s, Inc. In accord with the conlrnet Toll Brothers is t~iuirod to file the application within lea days from the dai~ of this lelter. TI~ lsra~Isons apprcoiatc thc fact t~l based upon tl~ adjusted ~ sc. bedule~ as a result of the extension lgvcn, thirds arc now a little bit ahead ofschedule and they would II~ to see It stay that way. As d;scu.ssed in our convcrmgon yesterday, f. be ~ stl~ with yoHr September 18, I~? letter to mc and which ~ copied with your September 18, 1997 letter to Max lra'aelson, included a proposed ~.l~a.~ nmp and schedule. This was also t~ted to be submitted in accordan~ with s~:~ion I Sot the contr~ m w~ll ss secllon 2B. TI~ tclcaso map and release schedule are not in accordance with the contract and is for thai msso~ not stplnvv~ ~t tbls time. As ! mentioned in our conversation, our clients am quito willIn_~ to worlt out Wcrncr Thicssen, ¥icc President September 25, 1997 Page 2 something that b-ill accommod~t~ Toll Brothers' dcvclopmcnt requLremcnts so long a.q thcir int~e.~'t can be protected. I bellcv¢ th~ something can bc accomplished that should serve the interests of both parties ~lcq~tcl¥, but to do so is going to reqttim a face to fnce meeting. You in~cated that you would get back to mc end let me know when you next plan to be in Sott~ Florida. ! would recommend that the meet~n~ at least h~clude ~e two of us, perhaps yom' local plak'mt who I believe can contribute (,,khougb I leave ~ up to yoo) and eltlmr Max or Stuart Isractson to t~c cxttm ~ th~ can re'range to be hem. I think it would be in cvc'-ryonc's interest to get tiCs-done in thc ncx~ coupe o! weeks Ired I look Rn~va~ Io hea~ng back fzom you. Would you pleas~ give me some alt~-nate dates so U~tt I can pro.de tJ~-m tn Mr lsraelson who would h,,vc nn intcr~st in bela& here if it can be arranged. Vcry truly yours, Richard C. Omnt RCO/jw cc: Robert Da]c, Esq., A.~istant C~ncra] Counsel - Toll Bmther~, Inc. Max R. Israclson, Esq. IO-g2-199T /)4: ~ FEB g 4 Ig98 ~. 02 AGREEMENT OF SAL~ THIS AGREEMENT (this "Agre:ment"i is made as of the 15th day of March. 1097. between STUART G. ISRAELSON ,,nd WENDY ISRAELSON CARROLL. as tenants In common, and MAX R. ISRAELSON, individually (together. 'Sailer"1 and TOLL INC., 3103 Philmont Avenue. Huntingdon Valley. PA 19006. or its nominee ('Buyer'). WtTNESSETH: In consideration of the covenants and provision.~ contained herein, and subject to the terms and conditions hereinafter set forth, the parties hereto, intending to be legally bound, agree as follows: Sale. Seller hereby agrees to sell and convey to Buyer. who hereby agrees to purchase from Seller. all that certain tract of land of approximately four hundred ninety (490) acres situate in the City of Naples. County of Collier. State of Florida. located generally at the northwest comer of Rattlesnake Hammock Road and State Highway Route 951 and more particularly described on Exhibit "A" attached hereto ('the "Properly."). The Property includes (i) all tenements, hereditamems, appurtenances, easements, covenants, permits. approvals, escrows and other rights arising from or appertaining to the land: (ii) all structures, fixtures, systems, improvements, topsoil, trees, shrubbery and landscaping situated on. in or under or used in connection with the land: and (iii1 all offering prospectus or disclosure documents, surveys, plans, specifications, reports and other engineering information to which Seller has access regarding the Property ('together. "Seller's Plans"). Seller agrees to provide to Buyer copies of Seller's Plans on or before the date of this Agreement. e The purchase price fthe "Purchase Price") for the Property shall bcq~[ The Purchase Price shall be A. Upon the date hereof. Buyer shall deliver to the Title Co (lg'teinafier defined), as escrow agent. Buyer's check in the amount {~~ (the "Deposit") to be held in escrow until Closing (as hereinafter defined) or the earlier termination of this Agreement. At the end of the Due Diligence Period bed in 12 hereof the Deposit must be increased to ~ The Title Company will inve~t the Deposit in an beating account, accrued interest will be paid to Seller at closing or if the Deposit is retained by Seller as liquidated damages. If the Deposit is returned to Buyer thc interest will be paid to Buyer. B. At Closing, the Deposit shall be paid to Seller and credited to Buyer and Buyer shall pay Seller of the Purchase Price (toward which the Deposit. but not the interest on it. '_ subject to ali adjustments as provided herein, by certified or title corn wire transfer of immediately available funds. At Closing. Buyer shall deliver a non- money note (the "Note"l In the amount The note will bear interest at ~l~~llllll/ll per annum. The Note shall d payable ~n thre~: ;3) equa~ ~nstaHmc.':~s each of Two Million Dollars ~ plus interest, the first installment being due and payable twelve 112~ months after Closing. the second installment being due and payable twenty-four (24! months after Closing. and the third installment being due and payable thirty-six {'36} months after the date of' Closing. Purchaser's obligation to pay the Note shall be secured by a purchase money mortgage. The mortgage shall encumber the entire Property except lo--of the residential lots. or the land on which they are to be located, that are approved for development on the Property, together with an appropriate amount of land for access roads and su~..ooning infrastructure thereto. The shape, size. configuration, and location of' such area as i.~ to be conveyed unencumbered must be reasonably acceptable to Seller and consistent with the plan submitted under section 15 and must not prevent or interfere with access to the land remaining encumbered or supporting infrastructure to it. il'the plans include multi and single family sites, then the lots to be released will be allocated pro rata between the two in the ratio that they exist on the entire plan. No land ma.,,' be conveyed unencumbered unless the entire Property has been zoned and the site or subdivision plans for its development have been approved by Collier County and any other applicable government bodies in a manner that is acceptable to Seller. As a condition to the conveyance of any portion of the Property Free and clear of thc mortgage, a covenant running with the land must be recorded For Sellcr's benefit in respcct to unrelcased land that limits and restricts developmcnt of thc Property so conveyed to the number of lots for which payment has been made. All land to be conveyed unencumbered must be contiguous. The mortgage will provide that parcels of the land encumbered thereby may be released from the lien thereof on the following conditions: ~1, (I).. The mortgage and note it secures are in good standing and not in default: (2) (3) The parcels to be released must be contiguous to land that is unencumbered or has been prcviously released from the lien thereof: -'--.,, . . A schedule of release parcels, or a release map, must be submitted to Seller and have been first approved by it and all parcels to be released must be consistent with it and cort~isteBt with.the approved zoning and development plans: (4) An ! g-hole championship golfcourse is first completed on the Property; (5) After the occurrence of the condition in (4) above, an additional ~ ~of the lots or units (or land on which they are to be located) may be relea, sed for no payment. The lots or units will be allocated ratably between multi'and single family as provided above: All release parcels shall include a minimum often (101 lots or units or land for ten (1 O) lots or units: (7) No land may be released unless thc entire Property has heen zoned and the site or subdivision plans for its development has been approved by Collier County and any other applicable government bodies in a manner that is reasonably acceptable to Seller and consistent with the plan as submitted in section 1:5: (9) Release parcels, per the foregoinL~ schedule or map. may not be reduced in size or only a portion thereof be released. Only er:tire release parcels may b~ released: Buyer will make a principal payment for each release parcel subsequent to the release described in (5) above based on the number or' lots or units that ma.,,' bc developed on it. based on the approved development plans for the Property. Except as specified in ( ! 4~ below, the per lot or unit payment will be calculated by dividing the Purchase Price by the actual number of lots and units approved for development on the Proper'tv and then multiplying the quotient by ~ ~. In' addition. Buyer will pay all accrued interest on thv ' e amount of the principal release payment. An appropriate amount of land for roads and supporting infrastructure may be included in each release. The golf course may not be released: (!0) A covenant running with the land for Seller's benefit in respect to unreleased land must bc executed limiting development of the land so released to the number of lots for which payment has been made: (11) Buyer shall prepare and submit all releases, surveys or sketches and drav, ings showing relative relationships as requested by Seller all at Buyer's expense: (12) A master declaration of easements and covenants must be recorded respecting each release parcel for the benefit of' the unreleased land to insure that its included roads and infrastructure are available, as needed, to scrve and support tmreleased land: (13) No release will be permitted if its effect will limit or prevent development office remainder of the unreleased Property in accord with the aplxoV~ plans therefor. and (14) If Buyer's approved site or subdivision development plan for the PmSg~ includes duplex or other forms of multifamily housing II~ reixtsenl ~ than ten percent ( ! 0%) of the approved residential density for the Pmpert)' as a whole.. then the release payment for each single family lot. or land on which such lots may be developed, will be increased from the amount specified in (9) above to ..... of such amount. If more ~ / FEB 2 & 1998 ~3~ / (30%'~ is devoted be increased !ifamilv housin then the single family Io~ release pa}w~cm will amount specified in (9) above. Thc mortg, agc well contain a duc on salc clause and. amon$ other thinss, will prohibit the o~ner of the Property from miliatin§ or consentinE to any chan~:c in the zoning ot ~h-, approved de, elopmcnt plans for thc Proper}.' that txisi a't tile time of closing, and will prevent Buyer from cleating; any special taxing distric~ or community development district without Seller's prior v, rfl~en consent. Title a) The Propers' is to be conveyed frtc and cica: of all liens, cncumbranccs, rcslrlctions. reservations, cove'nants and casements, subject, however, to the matters appearinr, on Ed~ibir "B": o~hcr~'ise title to the Property shall be good and markc'1~blc and such as will be insured by a title company of the State of Florida selected by Seller and acceptable to Buyer (the "Title Company"). Seller shall provide ~o the Title Company such rclcascs, documents. ~d affidavits (including an affidavit of title) as shall be ncccssa~' to obtain affirmative title insurance against standard title exceptions and filed and unfiled m~chnnics Ii:ns and shall also provide to the Title Company a form 109913 information return n:lating ro lhe ~opcrt)'. At Closing.. Seller shall della'er to Buyer at Buyer's cost an ALTA owner's lille insurance policy from the Title Company insuring t~tle to thc Propert) in the state oftitle described herein. b~ In the event Seller is unable to provid: insurance of good and marketable lhle as se~ foflh/~' above, subject to Seller first having ~ period of 90 days in ~'hich to cure defects (during ~hich all times f,r Buyer's performance and closing hereunder will be tolled until defects are cur. d). then Buyer shall ha~c Ibc oixion (i) oftakin8 such lille as Seller can~ convc?', withoul abatement of the Purr. ha.se Price. or iii) of bein$ repaid the Deposit and ~'~ '~) all accrued intense on it and m ~.~e latter event there shall be no fm'lher liability or obligation by c~ther of Lhe pames hereunder and this A~,reement shall become null'and void. Seller ~.~rc:s to pa} or dischar.ec any fixed or ascertainable lien at or prior Closing. Closing. Closing L"Closmg") shall be ma~¢ at the offi~s of the Title Company and on or by thedale which is thirty (,~0) days follo~,mg the satisfaction of the conditions contained herein, including, v. ithoul hmitation, those se~ forth in Section 157 upon at leasl ten (10) days notice from Buyer to Seller. but in no event later than September 15. 1998. If and to Iheextenl thai thc conditions set forth in section I$ hereof have not been satisfied September !$. 1998. and provided that Buyer is then diligently pursuin~ the satisfaction ofsuchof the conditions in section IS as have not then been satisfied then, provided the followin~ further conditions are mc1 Seller a~ccs to extend lhe September I$, 1991 to not later than December i$, 1998. at which time the closing; must take place. As · conditlonto extending such date beyond September I$, 1998, Buyer musl do the -4- FEB g 1998 !,, f'ollowing: ¢i) give Seller written nouce of its desire to extend such date by not later than .August 15. 1998. together with a report on the status of those conditions as have not been sadsficd and thc action, is taking to satis~' then1: (ii) pa.,.' Seller the sum o1'~ on or before September ;5. [99R: ur, d (iii) pa:. S,:llcr~on the fifteenth liS) day of each month thercaf'tcr until thc c]ostng takes place. Each~paymcnt will be deemed to be consideration For a 30-day extension from September !:5. 1998. and From the fif'tccnth day of each succeeding month respectively. All such payments will bc made dirccdy to Seller and will not be held in escrow, nor will they be credited to the purchase price, but rather the), will bc in addition to it. If Buyer requests an extension beyond September 15. 1998. then Buyer will be deemed to have accepted ali o1' Seller's tenders and per£ormancc to the date thereof and to have waived any def'ahlts by Seller that may have previously occurred or that Buyer migt, have claimed in consideration o1' thc agreement bv Seller to grant such an cxtcnsmn. Possession. Possession is to be gi','cn at thc time of'Closing, free of all leases and other occupancy, by special warranty deed. o A.ooonionment~j Taxes shall be apportioned pro rata as of the date of Closing. For purposes of' making such apportionments. Seller shall be responsible for producing on or prior to Closing copies of all tax bills and receipts of payment or tax searches from the taxing authority. The costs o1' all transl'er taxes shall be the responsibility or Seller. Buyer ,,viii pa.,.' For the title insurance premium. Buyer ,.viii pay lhe documentary stamps and intangible taxes on thc purchase money note and'mortgage. vlll/~l.tL~).lfa~. Should Buyer violate or fail to fulfill and perform any or the terms or conditions of this Agreement after thirty (30} days' written notice from Seller (or ten [ ! 0] days' written notice in the event of a monetary default}, then the Deposit and accrued interest thereon shall be retained by Seller as agreed and liquidated damages as Seller's sole remedy. Seller's Default. Should Seller violate or Fail to fulfill and perform any o£thc terms or conditions of this Agreement at or prior to Closing. and if as a result thereof' Closing hereunder shall not occur, then Buyer shall be entitled to (i) terminate this Agreement. in which event the Deposit and all accrued interest thereon shall be returned to Buyer. or (iii specifically enforce this Agreement against Seller. Condemnation: CasualLY. a) All risk of loss or damage to the Property by casualty of any nature prior to Closing shall be borne by Seller. b) If. prior to Closing. any material portion of the Property is condemned. Buyer shall have ~he option of ti) terminating this Agreement. in which event this Agreement shall be null and void and Buyer shall be paid the Deposit and all -5- FEB g t 1998 10. intcrcst accrued on it. or {'ii) proceeding with the Closing. in which event thc entire condemnation proceeds shall be delivered to Buyer at Closing hereunder or. i£thcv have not }'ct bccn paId. thc right to receive such procccds sh:,il be assigned to i~,u.,,*cr u~ C!o~ing hcrcu,~der by ;nstrumcnt acceptable to Bu.,.cr. Buvcr shall cxcrc~sc ~ts option w~thin fifteen ii SD days after it receives no,cc I'rom ~cllcr of an,,' '~uch condemnation. For purposes hereof, a condemnation shall not be dccmcd "material" unless it results in Buyer's inability to obtain dcvclopmcm approval For at least four hundred seventy-live (47S) lots or d,,vciling units. Comnliancc with Notices. Ordinance,;. Scllcr shall comply with any noticcs given or ordinances cnactcd by any governing authority prior to the date of' Closing for which a lien could bc I~led against the Property. However. any assessment or lien for public benefit improvements or services that arise subsequent to the date hereof will be assumed by Buyer. 11. Brokers. Scllcr agrees to indemnify and hold Buyer harmless from and against any liability arising £rom any claim for a broker, realtor or agent's fee in connection with Property or the transaction described in this Agreement. Buyer represents and agrees it has engaged no broker and has not dealt with an,,' broker. 12. 13. Due Diligence Perind. Between the time of execution of this Agreement and Closing. Seller agrees that 13uycr. its representatives and consultants shall have the right to enter upon the l'ropeny to peri'otto wetlands, title, engineering, environmental and such other feasibility studies as Buyer determines in its so~e discretion. Buyer and Seller further agree that l'or a period until June 13. 1997 {'the "Duc Diligence Period"). should Buyer desire not to purchase the Property as a result of such studies. Buyer shall have the right to terminate this Agreement upon written notice to Seller in whic'h case the Deposit and all accrued interest thereon shall be returned to Buyer and there shall be no further liability of the parties he,'cunder. Failure to notify Seller prior to the expiration of the Due Diligence period shall act as Buyer's election to v.'aive this right to terminate. Seller's Renrcsentations. Warranlies and Covenanl~. Seller covenants, represents and warrants to Buyer as follows: a) b) Seller is the sole legal owner of the Property in fee simple and the Property is not subject to any lease, option, right of first refusal or agreement of sale. Seller has thc full power and authority to execute, deliver and perform this Agreement and all agreements and documents referred to in this Agreement. The person who has executed this Agreement on behalf of Seller has the authority to do so. There is no action, suit or proceeding pending or threatened against or affecting Seller or the Property or relating to or arising out of the ownership of the Property. including without limitation, general or special assessment proceedings -6- FEB g 1998 of an.,,, kind. or condcmnaUon or eminent domain actions or procecdinus of any kind. ' ' cl Ncithc. r tl~c cn:crhlg into of ~his ,'~grcement. thc consummation o£thc Sale. nor thc convcyancc oi' the Property to Bu)er. has or will constitute a violauon or breach of any of'the terms o£any contract or other instrument to which Seller is a party or to which Seller is subject. d) To thc best of Seller's knowledue, no portion of the Property contains any substancc which may be classified'as a hazardous, toxic, chemical or radioactive substance, or a contaminant or pollutant ('together. 'Tlazardous ,C;ubstances"l under applicable federal, state or local law. ordinance, rule or regulation ("Applicable Laws") or which may requ. re any cleanup, remediation or other corTcctive action pursuant to such Applicab!e Laws. Seller has not used any portion of the Property. nor permitted any other person or entity to use Property for the purpose of storage, generation, manufacture, disposal. transportation or treatment of an.,,' such Hazardous Substances in violation of Applicable Laws. e) g) There arc no commitments or agreements which would require Buyer to pay any money nr perform any obligation or which would othcnvisc affect the ownership or development of thc Property by Buyer. · No notice by any governmental or other public authority has been · · served upon Seller. or anyone on Seller's bchal£, relating to violations o~any applicablc~:~ housing, building, safct.v, fire or other ordinances or an}' oFthe Applicable Lav..s. Seller's Plans have been provided to Buyer on or before the date of this Agreement in accordance with Section ! above and have been paid For in Full by Seller. 14. Operations Pcndin,__, Closirlt~. Between the date of execution of this Agreement and thc date of Closing: a) Seller shall maintain the Property in its present state of repair and in substantially the same condition as on the date hereof. b) Seller shall not enter into any lease (except short term grazing leases), agreement of sale. option, or any other agreement or contract affecting the Property. nor shall Seller grant any easements or further encumber the Propertv. without the prior written consent of Buyer. ' c~ Except as provided otherwtse in this Agreement. Seller shall comply with all covenants, conditions, restrictions, laws. statutes, rules, regulations and ordinanccs applicablc to thc Property. 15. d) Seller shall not remove or damage any structures, fixtures, systems. improvements, standing trees, shrubbery., plants, landscaping or soil now in or on the Property during the term of this Agreement. Seller shall not dispose of any trash, debris, building materials. Hazardous Substances or organic material ('including without limitation trces and stumps) on the Property. Conditions to Buyer's Obli_uation~ a) Buyer's obligation to complete Closing under this Agreement is expressly conditioned upon the following: i) all representations and warranties of Seller herein being true and corrcct at the time of Closing: and ii) Seller having performed all of its covenants and obligations hereunder: and iii) the rcceipt by Buyer at Buyer's sole cost of a final unappealable single family lot subdivision ewhich may include some multifamilv tracts} development plan approval of the Property permitting the constr~ction of an 18-hole cha t~olfcourse with country, club facilities and no less thand lots and/or dwelling units: and iv) the receipt by Buyer at Buyer's sole cost of ali written agreements and approvals to the effect that {'a) public sewer and public water are immediately available on a permanent basis to serve the Lots. and (b} electric, gas. cable television and other utilities are available at the Property. all at connecting fees and expenses that are not greater than those which are customary and ordinary for similar developments in Collier County. By not later than June 28. 1997. Buyer must present to Seller for its approval a petition to zone the Property together with all required accompanying support documents and a subdivision development plan for its development with no less than~residential lots or dwelling units and an I g- hole championship style golf course with country club facilities and which shows any phases in which Buyer proposes to develop it. The Buyer must also provide a proposed release map or schedule in accord with section 2('BX3) above. These must all be approved by Seller. Seller may not disapprove the plan based solely -8- on the numixr of lots or units if the plan contains at least ~ ~~)'csidcntiaJ lots or dwelling units and an l l 1-hole championship .eolf cou. rse. I£Scllcr does not apl.,rove the plans, its disapproval must ~ based on factors that ad~'erselv :.'Tc~'. th: s~.curity of thc collateral for its mongage. I£ Seller do~s not approxe of sarnc ':,i~in tweak' (2.0) days at~r reccipl then Seller must provide Bu.,, er with specific objections and the measures that. ii' taken by Buyer. will make the foregoing acceptable to Seller. Buyer will have a period of five (5) days from receipt of Seller's objections in which to advise Seller that it is prepared to take the corrective action rcquirecl by Seller. Buyer's failure respond will Ix deemcd to mean it has elect,'.d to not take such corrective action. If Buyer so elects to take corrective action Buyer will have another fifteen days to actually take the corrective action inc'icated and to submit the corrections to Seller. It' Buyer fails to submit such corrcciions within such fifteen (I$) days then it ~ ill Ix deemed to be an election to not make the corrections requir.-.41 by Seller. If Buyer does subm, such corrections then Seller will have five (S) days from i~s r¢ceip~ to approve. If Seller finds that the corrective action is sdll not sa~isfactor:..' i~ ~ill so advise Bu,'er ~'it, h specificity as to the corrective acuon required and Bu)'cr u,'iil h~ve one more opportunity to resubmit corrective acdon ~'ithin ten (I0) days from receipt oi' Seller's notice that fi.u'ther corrective measures arc ~quired. If' Buyer fails to resubmit corrective measures within such ~en (10~ days. or if the matcnal submitt~ is still not satisfactory to Seller then the submissions will be deemed to ix unacceptable. IF. as a result of any of I.orc.-.oin_c. Bu;'er's submissions ar.- deemed to Ix unacceptnble to Seller then in ~hat event, or ~f Buyer elects not to. or is dccmcd to have elected not to take corrective '~ction. ibis A~reement will be terminated and the Deposits will be returned to Buyer with all intercs~ accrued thereon. b) Once the £orcgoin.~ is approved by Seller then within ten (10) days thereafter Buyer must. at ,s exl~ense, make a complete application for rezonin~ the Pro, ny and for site and subdivision plan approval thereof' all consistent therewith, and for any and all other .eove-rnmem permits needed to so develop thc Propers.. Buyer must process the for~§oing diligently and continuously. If' Buyer fails to do so ~thin i S da> s £ollowing v, rittcn notice from Seller (in which Seller specifics the//¶l failure of Buyer.) then Seller may terminate this Asrcement in which case Del>os, with all interest accrued thereon will be paid to Seller. If anyf~ modifica~)ons or changes are rcqu,red in ordcr to obtain approval to the l'orcgoin§" as submitted such changes may only be made or aD'ced to ~,ith Seller's prior ~itten consent. ,~ The matters se.t for,.h in Section l$(aXiii) and (iv') must be ur~ppealable at thc time of Closing but may I>e subjec~ to customary and rf'pical restri~ions and conditions as arc usually iml~sed in Collier County, Florida. -9- cl Buyer agrees to use continuous good faith efforts to satisfy all permit and approval conditions of this Agreement. If. alter making such efforts. Buyer Is unable to satisfy ali conditions specified herren. Buyer shall have thc option to ti) purchase thc Property at the price set Ibnh in Section 2 for cash. or to tiiJ cancel this Agreement in which case this Agreement shall become null and void and thc Deposit shall be paid to Buyer with all interest accrued thereon. 16. Sur-,'ival. Sections I!. 13. 14(d') and 21{'d) of this Agreement shall survive Closing hereunder. Any covenant, promise or obligation in this section which is not by expressed language intended to be fulfilicd or performed at Closing shall not merge into the deed of conveyance but shall remain in full force and effect and be binding on the panics hereto until fully performed or fulfilled. 17. Between the date hereof' and Closing Buyer agrees to not negotiate or contract for. acquire an interest in (and further agrees to discontinue any existing negotiations for) any residential real estate developments in Collier County. Florida other than the Property. This does not preclude Buyer from acquisitions of not more than thirty ~30) developed and finished lots in existing subdivisions. IS. Notices. Any notice required to be given hereunder shall be given in writing and shall be served in person, by nationally recognized overnight express deliveD' service, by United States registered or certified mail. with postage prepaid, or by facsimile transmission with a hard cop), sent on the same day by a nationally recognized overnight express dcliveD. service, properly addressed and directed to the party to receive the same at the following address or at such other address as may hereafter be substituted by notice in writing thereof. To Seller: Mr. Max R. israelson 19707 Turnberry Wa),, I 1H North Miami Beach. FL 33180 Telephone: (305) 93 i-5780 Fax: (305) 931-3230 and duplicated to: Mr. Max R. Israelson 300 W. Pratt Street.,.-"~-:, Baltimore, MD 21201 Telephone: (410) 539-6633 Fax: (4101 625-9554 FEB 2 4, 1998 With a copy to: Richard C. Grant. Esquire Grant. Fridkin & Pe~.~on. P A. 5551 Ridgewood Drive, Suite 501 Naples. Florida 34108 Telephone: ¢941 ) $14- i 000 Fax: ~941 ) 514-0377 To Buyer: Toll Bros.. Inc. 3103 Philmont Avenue Huntingdon Valley. PA 19006 Attn: Kenneth J. Gar)'. Eso. General Counsel Telephone: ¢215) 938-8006 Fax: (215) 938-8255 With a copy to: Edward Weber. Vice President (at same address) .19. Entire Agreement. This Agreement contains the entire agreement between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever. This Agreement may be amended only by a writing signed by both panics. 20. ~. The Buyer's rights under this Agreement may be assigned or transferred by Buyer without the prior consent of Seller but only to any affiliate or subsidiary of Buyer. However. Buyer may not delegate its obligations hereunder. Subject to the said provisions regarding assignment by Buyer. this Agreement shall extend to and bind the heirs, executors, administrators and assigns of the respective parties hereto. a) This Agreement shall be signed by all parties concerned within fifteen (! :5) days from the date of execution by the first party to sign this Agreement; otherwise this Agreement shall be null and void. b) As used herein, the phrases "the date hereof" and "the date of this Agreement" shall mean March 15, 1997. -ii- FEB g 4, 1998 / / :¢/ __J c) dl e) g) h) i) This Agreement may bc signed in one or more counterparts (or with counterpart signature pagcs) which, taken together, shall consutute a fully executed Agrccmcnt and shall bc considered a single document. Buycr and Selicr agree to cooperate with each other and to take such further actions as ma), be requested by the other in order to facilitate the timely purchase ,~/~ and sale of thc Property. and Buyer's development of the Property following Closing. Accordingly. ~~'~iecs to execute such other documents as are appropriate and consistent with this Agreement as are reasonably requested by Buyer. If any date on which a time period scheduL'd to expire herein is a Saturday. Sunday or holiday, thc subject date shall be extended to the next business day. Seller and Buyer each agree to keep the terms of this Agreement confidential except as necessary to effectuate any approvals or feasibility studies of Buyer. This Agreement has been drafted by counsel for both the Seller and Buyer. and accordingly, an.'.' ambiguities contained herein shall not be interpreted in favor of or against either part)'. In the event of any litigation between the parties concerning this Agreement the prey:filing party shall be entitled to recover its reasonable costs and attorney Ii:es. This Agreement comprises the entire agreement of the Parties respecting the Proper~y. Any prior negotiations merge into it. Any modifications, amendments or waivers of the terms and conditions hereof must be in writing executed by the party against whom enforcement is sought. [Signalure.~' appear on the ,ext page] -12- IN WITNESS WHEREOF. the panics hereto have hereunto set their hands and seals the day and year first above written. Signed..%alcd and Delivered in the PreSence of: BUYER: ; - TOLL UROS. INC. · ~',:;..-~, ,t ~ B Y:n - -',."....t.~' l~ , .~ p~ 'L, ,m~; ;:,,/~,,.~,.L · ""'~ ,~ i ~.." Title:~~ Date of Execufion:,ll .J,~,-;, +; ~ ICorporate Seah SELLER: STUART G. ISRAELSON, as tenant in common with Wcndy lsraelson Date of Execution: WENDY ISRAEL.SON CARROLL, as tcnant in common with Stulrl G. Isr~elson Date orExee.ti,,.:_ ¢/'? :,~'? ~mml~' Irlml~m& ~ m. llOmm P A 'l"'2~14"Mml',,l~ ~emt:l~,me~m,.it',~ re,minim maim -13- FEB 2 & 1998 IN WITNESS WHEREOF. the panics hereto have hereunto set their hands and seals the day and year first above written. Signed. Scaled and"" ' ~yC.,;VCFeU in the Presence of: BUYER: TOLL IH{OS., INC. By:. Printed Name: Title:. _Vice President Date of Execution:. tCorporate .get/Il SELLER: G. ISRA'ELSON. a: tenant in common with Wendv lsraelson Date of Execution:_' .~/~/~ ~ WENDY ISRAEl. SON CARROLL. as tenant in common with Stuarl C. lsr~elson Date o£ Execution: MAX R. ISRAELSON, individually Date of Execution:, I -13- FEB g 4 1998 IN WITNESS WHEREOF. thc panics hereto have hereunto vt their hands and seals thc day and ycar first above written. Signed. Sealed and [)ciivcrcd in the Presence off BUYER: TOLL BROS., INC. By:., Printed Name: Title: Vice Presiden[ Date of Execution:. I C'orpor~l l e - . : .... SELLER: STUART G. ISRAELSON. us tenant in common with Wend). lsr-aelson Date of Execution: Il I WEND~/~SRAELS;ON CARROLL, ns tenant in common with Stuart G. Isrnelson Date or Exccutio.:,,, "////:~"/f~ 7' W~nc,m fJ MAX IL ISRAELSON, individually Date of Execution:.. AlqmlMll lrlde -13- FEB 2 4 1998 ~ COLLIER COUi~i~ GOVERNME~F COM~ DEVELOPMENT SERVICES DIVISION "'" 2800 NORTH HORSESHOE DRIVE NAPLES. FL 33942 (941) 643-8400 A CERTIFIED BLU£ CH IP CO.M.M L'NrrY PLANNING SERVICES DEPARTMENT C'URRENT PLANNING SECTION October 20, 1997 Nations Bank of Maryland, Trustee and Stephen M. Savage 2 No. Charles Street Baltimore, MD 21201 Casa Del Sol Golf and Country Club Section 15, Township 50 South, Range 26 East Collier County, Florida Dear Sir/Ms: The property referenced above constitutes a zoning development order for a planned unit development district in which the ownership is shared by the Israelson family and Nations Bank as trustee. The Israelson family have contracted to sell their proPerty to another entity who is now proposing to rezone that portion of the Casa Del Sol PUD together with other property for a new PUD zoning district. The removal of this proPerty from Casa Del $ol effectively negates the Casa Del Sol PUD inasmuch as two thirds of the property will become part of another PUD Master Plan. Under the circumstances we have no choice but to initiate a rezoning on the balance of the Casa Del Sol property to a zoning classification consistent with the Collier County Growth Management Plan. On the other hand it may be in )'our best interest to initiate a rezoning of:your property in a manner consistent with your development expectations assuming they to are consistent with the County's Comprehensive Plan. FEB 2 4 1998 Casa Del Sol October 20, 1997 Page 2 This office is interested in knowing what your thoughts are on this matter. yer~truly yours,/ Roi?alit F. Nino, AICP IC~/pd/~.~'is,~etm. (Cra D~I Sol) 10.20-97 CC' Marjorie M. Student, Assistant County Attorney Donald W. Arnold, AICP, Planning Services Department Director Robert F. Mulhere, AICP, Current Planning Section Manager D. Nadeau FEB 2 4. 1998 November 3, Robert J. Mulhere, AICP, Manager Planning Servtces Department Current Planning $~ction ColHer County Government 2800 North Horsehoe Drive Naples, FI., 33942 Casa Del Sol Golf& Country Club Annual Monitoring Report Aflnfversarv Dste October 24. 1997 ._ Dear Mr. Mulhere: Following up my tclephone cad to you on Friday, October 31, I am writing to confirm the information I gave you. This ts in ruponse to your letter of Octobei- 28 1997 to me, to my daughter Wendy L Carroll and fo my son Stuart G. Jsraelson. B T. he, Cas.nq}elS_olGolf&CountryClubPUDwasapplledforinig$gb¥otte Vincent arm, er aL, WhO bad purchased 140 acres of the 240 acre tract from my son Stuart G. Isra~hon, my daughter Wendy L Cnrrofl and me~ he also purchased 100 acres from the were. ennre, ry.s. epa,,ff, te zrom one anofher, Mr, Barra proceeded to default in his ~ mu a~u~rma wcnt rolO DaMLFuptcy m Afew Jersey, of interest between the lsraehon Fantily and the Savage L, Foup. Non'r. A4tA~dt IL~CH. FLOJUO~ 33180 (305) 93l'5780t FAA (30~ 300 ~0'. P'~AI"r ST. Surfs ,dSO / (410) 539-.~3~ FAX (410) FEB'24 1998 Robert J. Mulherr. MCI', Manager Current Planning Section Pago 2 November 3, 1997 SpeakJnE only for the lsraelfons~' we not only bad uo Interest in the PUD or in perfecting it, but attempted to have It nu]lifbd by requesting tb County to ~c~ ~tccLare it. For aome reason that is totall~ beyond my understandinI the County r~fused to do ti:is and, in fact, apparently continued the so*called "sundown prav!qJons' that you mentioned to me for another two ycar~. Itl understand correctly what you advised In our telephone conversa eton, it Is sufficient that I give you the information contained herein without further action on our part. If there is any other information you wish or anything further we sboulc~ do or supply, ! will be only too happy to do fo. Thank you very much for your help in this matter. Sincerely, Max Ia, Itrielson MRI:Jcfo CERTIFIED MAIL MAX IL November Toll B~ he. ~103 ~ lt~gdon Vall~, PA. 19006 C~sa del Sol Golf& Country Club PUD ~,~r) mar ~ a~o my ~mmy nave newt ~a~ aO no~ l~ow h~ve, ami ~ no, i~ .~,,'e~ m th~ del Sol Golf& Country Club PUD. .._.~ Casa Ver~ uuly yours, FEB 2 4 1998 Po. _ ,5'0 ,., _~ TREISER, KOBZA & VOLPE, c,m,. Internet Address: v, v.'~'.tkvnaples.com M. J. Voll~ direct Interact address: mjvolpe~tkvnaples.com ATTORNEYS AT LAW The Northern Trust Building 4001 Tamiami Trail North Suite 330 Naples, Florida 34103 Telephone (941 ) 649-4900 Fax (941 ) 649-0823 November 19, ! 99'; A Kimberly Bro.~sel! Thoma~A Colhns. II KcnlA Johan~on- CathenneE K~don Klm Patrick Kobza; Slanley J Liebcrfarh Andreu, H Reiss Richard SI Trciser Christopher T Vernon Michael J Vol!m: - Richard Shapack ~? of Counsel William L. Rogers of Counsel Ronald F. Nino Collier County Community Development Services Division 2800 North Horseshoe Drive Naples, FL 34104 ¢ AI~o admmeJ in M!ch~g2 · Board RE: Casa del Sol Golf & Country Club PUD Zoning District - Section 15, Township 50 South, Range 26 East, Collier County, Florida -- Ordinance No. 89-70 Dear Mr. Nino: Our law firm represents NationsBank of Maryland and Stephen M. Savage in their capacities as the Co-Trustees of the Residuary Trust of Bernard M. Savage, deceased, which is the owner of the parcel of land containing approximately 100 acres identified as Parcel "B" of the Casa del Sol PUD Zoning District. The other parcel of land containing approximately 140 acres and described as Parcel A within the Casa del Sol PUD Zoning District is owned by Max R. lsraelson. Our clients have provided us with a copy of your letter of October 20, 1997, in which you advise them the Israelson family has contracted to sell Parcel A of the Casa del Sol Golf & Country Club PUD to another entity which is orooosine to rezone Parcel A tooether with other properly for a new PUD zoning district the effect (~f which will be to negate the~current Casa del Sol PUD in its entirety. This letter will serve as formal notice of my clients' objection to the Israelsons' efforts to negate the Casa del Sol Golf & Country Club PUD by combining the parcel which they own with another piece of property outside the Casa del Sol PUD and then seeking to rezone this new assemblage of property. As you know, at the time the Board of County Commissioners approved the Casa del Sol PUD zoning district, the owners of the separate p. arcels within that zoning district were required to show, by competent substantial evidence "untried control" of the entire area within the PUD and agreed to proceed with the proposed development in accordance with the PUD Master Plan and Development officially adopted for this PUD zoning district. Obviously, where there is concurrent ownership of a parcel of land, one owner cannot seek to rezone th~ FEB 2 1998 ___ Collier County Community Development November 19, 1997 Page 2 the other co-owners approval and consent. Similarly, in my opinion, under the concept of "unified control" a multi-parcel PUD can not be "rezoned" without the approval and consent of the owners of all of the parcels of land comprising the PUD. In this case, neither the Israelsons nor anyone else has received the approval or consent of my clients to attempt to alter the current zoning of the Casa del Sol Golf & Country Club PUD zoning district v,'hich was established by Ordinance No. 89-70. In view of our clients' objection, we trust no ft, rther actions will be taken by the County on behalf of' the Israelsons, their Contract Vendees or any others who may have an interest in Parcel A of the Casa del Sol Golf and Country Club F'UD zoning district which might effect. alter or amend in any way Ordinance No. 89-70 as amended by Resolution No. 97-588 approvinu the Casa del Sol PUD. ~ 7, ,a,. m,..,,l,~,.r., ,o,.t,,,. ,..ou],t: s C,.,,,~:ht P,a,,nmg Section stall" or the Count>' Aitorneys o'ffice nas questions or w~shes to discuss my clients position with respect to ongoing status of the Casa del Sol Golfand Country Club PUD zoning district, please feel free to contact me. Thank you. MJV:mj w CC' Very truly >'ours, TREISER, KOBZA 8,: VOLPE, Chtd. Michael J. ¥ ol_.pe Robert Mulhere Marjorie Student Stephen M. Savage, Co-Trustee Natior~sBank of Maryland, Trustee Max R. Israelson Wafaa F. Assaad EEB Po. O'.q- COLLIER COUNTY DAV1D C. WEIGE[ COLLIER COUNTY AI'TOi' 3301 lomiomi Trail East No~es, Flonda 3411 2-4902 Telephone: [941 } 774-8400 FAX: (94 l J 774-0225 E-mail: att, orney@na~les.net January22, 1998 Heidi F. Ashton Rot'nifo tv'k~'5~lic h Thomas C. Potmer Lawrence S. Pivocek Marjod~ M. ShJOent IVler~ A. Vc~Quez Rodney C. Wode Via Facsimile and US Mail Michael J. Volpe, Esquire Treiser, Kobza & Volpe, Chtd. The Northern Trust Building 4001 Tamiami Trail North, Suite 330 Naples, Florida 34103 Re: Casa del Sol Golf& County Club PUD Zoning District - Section 15, Township 50 South, Range 26 East, Naples, Collier County, Florida - Ordinance No. 89-70 Dear Mike: In your letter to me dated January 12, 1998' you pose seven questions which arise as result ora proposed rezone of a portion of the above-referenced PUD by the contract-purchaser Toll Brothers. These questions are as follows: Will the County and/or Toll/Israelson agree to a continuance of at least thirty (30) days to allow my clients an opportunity to determine whether there are any overlapping issues which will require cooperation between themselves and Toll/Israetson? As to question number one, it is the policy of the County Attorney's office to generally not seek continuances of items. Any continuances are at the request of Planning Staff or the ap?licant. In this case, both the applicant, Toll Brothers, and Planning Staff have not agreed to c. ontinue this matter. 2. Will the current zoning on their property remain in place until a final determination on any petition to amend their portion ofthe Casa del Sol PU'D? As to the second question, the Board of County Commissioners on December 17, 1996 approved the extension of the Casa del Sol PUD for two .,,'ears until December 17, 1998 pursuant to Subsection 2.7.3.4 of the Collier County Land Development Code (I.,DC FEB g 1998 January. 22, 1998 Casa del Sol tO as the "Sunset Provision". Thus your clients' portion of the Casa del Sol PUD zoning should stay in place for the duration of the period established by the Board in Resolution Number 97-588. Moreover, I understand that your clients have started the process to rezone their portion of the Casa del Sol PUD: Once that rezoning action has been completed this questi,on will then be moot. Will the rights and benefits accruing from th,,' current zoning on the parcel of land which they own within the Casa del Sol PUl3 be protected as an incident to any action on a petition to amend the PUD as to this parcel? Question number three appears to be a vesting question. As you know there is no "bright line" to determine whether or not a project is vested. The case law in Florida is that zoning by itself does not operate to vest a project. See, generally, City of Miami Beach v. 8701 Collins Average, 77 So. 2d 428, 430 (Fla. 1954). Without knowing any of the facts surrounding this project, it is not possible to offer an opinion as to how a court may view the status of the project as to vesting. Additionally, once your clients' rezone petition for their portion of the P. UD undergoes Staff, Planning Commission and Board of County Commission review, those entities may impose new requirements upon the proposal based upon the criteria set forth in Subsections 2.7.2.5 and 2.7.3.2.5 of the LDC. 4. Will the County expedite and administratively handle as much of the amendment process as it can under the Collier County Land Development Code? As to question four, I can assure you that I, as the Assistant County Attorney whose responsibility it is to review zoning matters, will expeditiously handle your clients' PUD amendment. Mr. Robert Mulhere, Current Planning Manager, can advise as to his staffs time frame on this item. 5. Will the County agree to waive the requirement of a new Environmental Impact Statement and accept instead an updated vegetation and wetland map in support of the amended PUD? As within the without an Will the County waive a new traffic study? and Will the County agree it will not require any new or different extrations [sic] from my clients in connection with the processing and approval of an amendment ofthe Casa del Sol PUD with respect to their parcel? to questions five through seven, I have referred these to Mr. Mulhere as they are not province of my office to commit to. However, generally, Staff cannot waive an item underlying LDC or ordinance provision to support such a waivel FEB 2 ,t 1998 Casa del Sol I hope this information is of' assistance to you and your clients. Should you have any ~ further questions or comments, please do not hesitate to give me a call. Sincerely, Marjofie M. Student Assistant County Attorney h:~Publlc'Her~ig rm'r~'lener~'Volpe-Ca.~a del Sol cc: /I~, avid C. Weigel, County Attorney ,/Robert Mulhere, Current Planning Manager .~.~~ FEB 2 4 1998 ORDINANCE NO. 98- AN ORDINANCE ~ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR 7HE UNINCORPOP~TED AREA OF COLLIER COUNTY, FLORIDA BY Ak4ENDING THE OFFICIAL ZONIHG ATLAS ~U~P NUMBER 0615 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" (CASA DEL SOL GOLF & COUNTRY CLUB) AND "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES FOREST COUNTRY CLUB FO,I A MIXED USE COMMUNITY CONSISTING OF NO GREATER THEN 785 MIXED RESIDENTIAL DWELLING UNITS; GOLF COURSE, CLUBHOUSE AND RELATED RECREATIONAL ~ME~ITIES: AND 150,000 SQUARE FEET OF COMMERCIAL FLOOR SPACE FOR PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF C.R. 951 AND RATTLESNAKE- H~MOCK ROAD (C.R. 864), IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 485 ACRES HORE OR LESS; AND BY PROViDiNG AN EFFECTIVE DATE. WHE~£AS, McAnly. Ensineer~nu. . and Ees~sn,. Toll Brothers, Inc., petitioned the Board of County Cc~nissioners to change the zoning classlficatlcn of the herein described real property: t~OW, THEREFORE ~E iT ORDAIn;ED by the Board of County Com~iss:cr. er$~.-~ ~-..~' 'i~r_ County, Florida: £ECTION CNE: The zcn:ng classiflcaticn of the here~n described real property located in Section 15, Township 50 South, Range 26 East, Collier =~n.y, F!orlCa, is changed from "PUD" (Casa Del Sol golf & Country Club) anc "A" to "PUD" Planned Unit Development in accordance with the Naples Forest Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nun%bet 0615, as described in Ordinance Nuraber 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. -1- FEB 2 4 1998 / PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Coun%y, Florida, this day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBAPA B. BERRY, Chairman A. pprc'.'e~ as tc Form eric le~a2 Suf£ic~ency Mar~J~rie [4. Student Assistant County Attorney -2- FEB 2 ,t 1998 NAPLES FOREST COUNTRY CLUB PLANNED UNIT DEVELOPMENT REGULATIONS ANY) SUPPORTING MASTER PLAN GOVEKNING NAPLES FOREST COUNTRY CLUB. A PLA~\.~ED UNIY DEVELOPMENT PURSUANq' TO PROVISIONS OF THE COLLIER COU'NTY LA~\~D DEVELOPMENT CODE PREPARED FOR TOLL BROTHERS, fNC. 233956 SA~NCTUARY LAKES COURT BONITA SPKINGS. FLOKIDA 34134 PRE P.~.R.ED BY. McA.\'LY ENG~'EER. ING AND DESIGN, INC 5101 EAST TAMIA.\H TRAIL. STE 202 NAPLES, FLOKIDA 3411 ? DATE KEVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NIJ~(B ER AM'FN~3M~NTS AND REPEAL Exhibit "A" FEB 2 4 1998 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section [ Section l! Section H! Section IV Section V Section Vi Section Vii Legal Description. ?roper~y Ownership and General Description Project Development Residential Development Standards Commons'..Recreat~or, Area Development Standards CommerciahOffice Area Deveiopme.qt Standards Preserve Area Development Commitments i ii l-I II-1 III-1 IV-1 V-I VI-1 VII-I FEB 2 4 1998 LIST OF EXHIBITS AND TABLES E~IBIT A TABLE I TABLE II PUD MASTER PLAN PROJECT LAND USE TRACTS RESIDENTIAL\CONfMON$ RECREATION DEVELOPMENT STANDARDS STATEblENT OF CO~IPLIANCE The development of approximately 485 acres of property in Collier County as a Planned Unit Development to be known as Naples Forest Country Club will be in compliance with the goals. objectives ~nd policies of Collier County as set forth in the Growth Management Plan. The residenti. I, commercial\office, and rec'eational facilities of Naples Forest Country Club PL,~ are consistent with the growth policies, la,d development regulations, and applicable comprehensive planning objectives of each of the eier~ents of the Growth Management Plan for the following I'easonsl IO 11. The subject proper~y 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 {FLU'E), and the uses contempI:.ted are consistent therewith The subject property is Iocaled in an area ,dentified as an Activity Cenler in :he Gro~,.'~h S'lanagemen! Plan tar Collier County Activity Centers are the preferred locations For the concentration of commercial and mixed usc development activities The subject property is located on the northwest corner of the Rattlesnake Hammock Road (C R g64) and Ceunty 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, therefore, the proposed commercial uses and residential densities are consistent ~'ith the Future Land Use Element of the Collier Count>' Gro'.,.'~h Nfanagement Plan The proposed density o£Naples Forest 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 $ 1 The development will be compatible ~'.'ith and complementary to existing and planned surrounding land uses The development of Naples Forest Couniry Club PUD will result in an e~cient and ec,.,nomical extension ofcommunily facililies and services as required in Policies 3 I H and L ':,f the Future Land Use Element. Naples Forest Country Club PUD is consistent wilh and fi~r~hers Policy S..~ of the Future Land Use Element in that it is using existing land zoned for urban uses. Naples Forest Country Club PUD implements Policy Sfi of the Future Land Use Element in Ihat more than 60~4 o£the project will be open space or reserved for conservation purposes The Master Development Plan, with its extensive natur~,l, lake and golf course open space areas, and with its Iow residential density, will insure that lhe developed project will be an enjoyable residenti~,l neighborhood. FEB 241998 I · i SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 PURPOSE The purpose at' this Section is to set forth the location and ownership of the property, and to describe the existing conditiot,'~ of the property proposed to be developed under the project name of Naples Forest Coun,; Club PUD LEGAL DESCRIPTION The subject property being 455 02 acres is described as A~I that part of Section 15, Township 50 South, Range 26 East, Collier Count.,.'. Florida. lying south of the following described parcel BEGIN'N~NG 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 10016 feet to the West Kight-Of-Way line of County Road 951 for a PLACE OF BEG12x,~G, then along the West Pdght-Of-Way line South 00051'53.. West 892 87 fee:; then South 87°43'59" West 4870.63 feet to the West line of Section 15; then along the West Section line North 00°15'23" West 882.49 feet to the Northwest corner of Section 15; then North 87°37. 14' East 4888 46 feet to the PLACE OF BEGIN,~fNG, and lying ',,.'est of lhe P. sght-Of.\\'ay for County Road 951 and north of the Right- Of-Way for Rattlesnake Hammock Road 1.3 . PROPERTY OWNERSttlP The subject property ,s owned by Max R lsraelson. Stuart G lsraelson and Wendy Israelson 1.4 PHYSICAL DESCRIPTION Tr.,,: 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 Swath, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered, utilized for cattle gr~,zing, and presently is used as horse range Portions of the property have burned, which has given rise to the extensive infestation of the exotic species Melaleuca 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 predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly The proposed water management regime for the project utilizes lake and natural wetland detention areas which will result in the post development surface water discharge volume being no more than the pre-development discharge volume. i-I FEB 2 4 1998 PROJECT DESCRIPTION The Naples Forest Country Club PU'D 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 thc 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 to, convenience stores with gas pumps, restaurants, whether fast- food and'or sit-down dining, b~nks, and shopping centers anchored by a major grocer)' store, and/or major retail store(s) There is the potential for professional offices to be located in a shopping center, o, 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 15 hole golf course :,.',d 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 residenlial unh, and each commercial or oMce land use, will be served with cen:rallv provided polable water, sanctaO, sewer, e!ecmc power, and telephone Additional se~'ices '~.iil be provided as deemed appropriate Approximately 361 acres of the 455~ acre project is planned as a stormwater management basin Approx~mately 69 acres oflakes and 29 acres ofnaturaL/preserve area are incl~ded in this area. Stormwater originating on lands to the noah of the project will rios,,' through the project using culverts, swales, and preserved areas of the site in a manner in~ended to duplicate predevelopment conditions conformance with South Florida Water .",lanagement District criteria The South ri Water Management District criteria for budding pad elevation is the lO0-year. 3-day/zero- discharge storm elevation, and the minimum road elevation is based on thc 25 year, 3-day storm event A.,fler heav-v rainfall evenls, surface waters from storage areas will be slowly discharged through small bleed-do~.'n structures into the existing preserved wetland slough Off-site out£a!ls which re:ewe stormwa,er discharge from ~he property ,.,.'itl liket.,,' undergo mo~i~c, atiar, in ,he future due to development/modification, at '.,.'hich time modifications ~o the Naples Forest Country Club PUD water management plan may be required 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Naples Forest Counto' Club Planned Unit Development Ordinance" SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of deve opment, relationships to app icable County Ordinances, the respective land uses of the tracts included in the Naples Fcrest Country Club PUD development, as well as other project relationships. GENERAL B E Regulations for development of Naples Forest 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 Grov,'th .Management Plan in effect at the time of I~uilding 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 other'wise noted, The definitions of all terms shall be the same as the definilions 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 lhe developmen~ of Naples Forest 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 or' other sections of the Land Developmen~ 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 :2.3 DE,SCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A". PUD Master Plan. There shall be four land use tracts, portions of which may include water rru~nagement lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A'. II-1 FEB 2 4 1998 TABLE 1 PROJECT LAND USE TRACTS TRACT "R" TRACT "CO" TRACT "CR" TRACT "p" TYPE ~ITS/SO FI' _ACREAGE: RESIDENTIAL '/85 I 10 CO,'x~ff~RCI A.L\OFFICE 150,000 1 $ CO.~LMONS~ ECKEA TION 0 219 PI:LF_.S £ R VE 0 141 Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, pans thereof may be constructed as shallow, intermittent wet and d~' depressions for water retention purposes Such areas, lakes and intermit:em ,.,.'et and d~' areas shall be in the same general configuration and contain ff',e same general acrea_ge as shown by Exhibit "A" Minor modification to all tracts, lakes or other boundaries may be permilted at the time o£ Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3 $ and 2 ? 3 5 respectively, of the Collier County Land Development Code. or as otherwise permitted by this PUD document 2.4 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 O M. AXIM U,M PROJECT DENSITY A maximum of '/85 residential dwelling units may be const~cted 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 o£ I 67 dwellin~ units per acre - 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to Ihe recording o£a Record Plat for all or part o£the PUD, final plans of'all required improvements shall receive approva] of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of'Florida Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan Subsequent to, or concurrent with the PUD approval, a Preliminary Subdivision Plat shall be submilted for the entire area covered by the PUD Master Plan. A~y division of'property and the development of'the land shall be in compliance with Division 3 2 o£ the Collier County Land Development Code, a~d the platting laws o£ 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 i.~suance o£ a building permit or other development order 11-2 FEB 2 4 1998 2.6 2.7 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 Approp6ate instrumentl will be provided at the time of inffastructural improvements regarding any dedications and method for providing perpetual maintenance o£ common facilities. The golf'course and related support facilities, including construction trailers and ~olf 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 thc improvements is granted by the Community Deve!opment and Environmental Sen'ices 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 B2), 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 :he required side.yard in a uniform manner LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3 5 '7 I 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 be excavated to the maximum commercial excavation depths set forth in Section 3.5 7 3 I of the Land Development Code, however, removal of fill from Naples Forest Country Club PI.J'D shall be limited to an amount up to ten percent (1~/,) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received USE OF ILIGHTS-OF-WAY All platted project streets shaJl 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 abut!ing road 1I-3 FEB 2 4 998 2.$ AMEND/SlENTS TO PUD DOCUI~IENT OR PUD blASTER PLAN Changes and amendments may be made to this PUD Ordinance or PLeD Master Development Plan, Exhibit "A", as pro,.,ded for ,n Section 2 7 3 S of the Collier County Land Development Code Minor changes and refinements as described in Section 7 3 C o'f this PCrD document may be made in connection with any type of development or perTmt application required by the Collier County Land Development Code 2.9 DEDICATION AND MAINTENANCE OF CO.~IFION AREAS & FACILITIES l::asements shall be prov~oed f ir water management areas, r~ghts-of-way, utilities and other purposes as required AJI nec¢:sary easements, dedications, or other instruments shall be gnmted to insure the continued uperation and maintenance of all service utilities in compliance with applicable re.lotions in effect at the time o£ adoption of this ordinance establishing Naples Forest Countr).' Club PL'D Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibihty ~s a common interest to all of the subsequent purchasers of property within Naples Forest Country Club PL'D. the developer shall provide appropriate legal rust.meals for the es~abhshmem of a Prop~y Own~s' As~cia~ion. or. where apphcable, a Community Developmem D~strict. who~ ~nction shall include proGsion for ~he perpetual care and maintenance of all common facilities and open space. subjec~ ~nher ~o ~he provisions oF Sccnon 2 2 20 3 8 of ~hc Collier County Land Developmem Code 2.10 5IODEL HOSIES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sa}e of real estate such as, but not limited to, pavilions. '.'~ewing platforms, gazebos, parking areas, tents, an~ s~g. ns, shall be pe;m~:ted principal uses throughout the Naples Forest Countn' Club PL"D subject :o the requirements of Division 2 4. Division 2 S. and Section 2 6 33 ..1 of [he Colher Count,, Lan~ Develapmem Code The limitation of Subsection 2 6 33.4 ] SI'a) o£ the Land Development Code. re.arding the number of model homes allowed prior to pla: recorcation sna;i be appi~¢a~'.e-to each subdivision tract rather than each subd~.,'~$1o~, phase 2.11 FILL STOR.-~,G E Fill storage ~s genera!i} per'm~ued as a l::r;nc;pal use throu.ehout the Naples Fetes: Countr.,' Club PL'D F:iJ ma:erda: _~enera:e~ ,":-,,.v be s:ockp:Jed w~thm areas designated for resldenti~l developmem Prior lc s:ock~;Ln~ ;n these Ioca;,ons. a LeHer of Notific~Iion alone ~-ith .}ans showing iht locations an~ cross-sections shall ~ submitted to Collier ~ountv r']ngmcer~ngRc~e~ Sen~cesForre~ ant appro'.al Thefollo~n!standardsshalIapp[} A Stockpile maximum s~de slope B C Stockpile maximum height th~n),-fi,.e (35) feet Fill storage areas shall be screened '.,.ith a security fence at least six (6) feet m he~aht above ground level If fill is spread to a height less than four feet over future residential lots v.'k4ch are depicted on an approved PreliminarT/Subdivision Pla:. no fencing is required I1-4 FEB 2 4 1998 D Soil erosion control shall be provided in accordance with Division 3 ? of the Lan,d{~ Development Code. and stockpiling retained for periods greater than 90 days be seeded wi:h grass If fill is spread to a height less than four fee~ over residentiaJ lots which are depicted on an approved Preiirmnary Subdivision Plat. erosion control is required, but no seeding with grass is required. E.. Fill storage shall not bt' permitted in Preserve Areas Fill storage and s~ockpi'ing shall be permitted as a part of a golf course Early Work Permit, and prior to plat!inI or Site Development Plan submittal 2.12 I:LEQUIRED ENVIRONMENTAL ?EILMITTING Where the development of land within Naples Forest Country Club PUD requires a permit from a local, Slate, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant :o Policy 6 4 6 of the Conservation and Coastal Management Element of the Collier Counly Oro,.v~h Management Plan. a minimum of 25% of the viable, naturally functioning nam,'e vegetation on site is required to be re~ained This requirement is fully satisfied within the Preserve Area and other areas within the PUD 2.14 LLNKAGE TO COLLFER COUNTY LAND DEVELOPMENT CODE Pursuant~oSubsec~on2733 of the Land Development Code. upon adoptionoftheP Ordinance and attendant PUD .Master Plan. the provisions of the PLrD document becom eL~ part of the Land Development Code, and shall be the standards of development for th PUD Thenceforth. development in the area delineated as the PUD District on the Official Zoning Atlas v, HI be governed by the adopted development regulations and PUD Master Plan FEB 2 4 1998 SECTION 1TI RESIDENTI. AL DE~rELOPMENT 3.1 PURPOSE The purpose o£ this Section is to identi~ specific development ~anduds for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A". 3.2 MAXrMUM 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 78S dwelling units 3.3 USES PER,M ITTED No building or structure, or pan thereof, shall be erected, altered or used, or land used. in whole or in ;)an, for other than the fallowing Principal Uses 1) Single-Family detached dwellings 2) Single-family attached dwellings, zero lot line and patio dwellings and/or muhi-famih dwethngs 3) Model Homes fSee Secnon 2 10 of'this PUD Document) B Accesso~. Uses i) Customa~ accessorx, uses and structures including but not limited to private g~rages, tenms facilities, and swimming pools with or without screened enclosures 2) Utility facilities and, ar easements (including rights-of, way easements) 3) Signage (see Section '7 I I of:his document) 4) Water management facilitiesAakes ProJect sales and administrative o~ces, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent str~ctures are available 3.4 DEVELOPMENT STANDARDS GENT_KAL Except as provided for herein, all criteria se: forth below shall be undemood ~o 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, v.'hichever is closer to the structure Condominium/homeov. mer's assoc~at,en boundaries shall not be utilized for determining development standards III-1 FEB 2 4 1998 B. M]"NqML..%t LOT AREA 1) Single family lots $,500 square feet 2) Attached single family, villa/patio homes, and zero lot line dwellings square feet of site area per dwelling unit 3) Multi-family parcels:] acre AVERAGE LOT WIDTH 1) Single family lots '.'0 feet 2) Attached single family dwelling units 30 feet per single story dwelling unit. 25 feet per two story cwelling unit 3) Villa/patio homesite$, and zero lot line lots 50 feet 4) Multi-family parcels' l Su feet MINIMUM YA.R. DS (Principal Structures): 1) Single family detached Front Yard 25 feet Side Yard. 7 5 feet Rear Yard 20 feet M:nimum Distance Between S:ruclures 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 N{immurn Distance Ber.~een Structures 10feet \'ilia/pa:lo homes, and zero lot line From Yard 20 feet Side Yard 0 feet or 5 feet Rear Yard 15 feet 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 ~s greater 11I-2 Ne. ~ FEE} g 4 1998 lq. MIN~ YARDS (Accessory Structures) 1) Single family detached Front Yard: Same as principaJ structure Side Yard: Same as principtl structure Rear Yard' Detached. 20 feet Attached 10 feet. or where adjacent to a golf course 0 feet, or lake 0 feet from the lake control elevation 2) Single family attac3ed Front Yard Same as principal structure S;de Yard Same a: principal structure Rear Yard Detachec~ 15 feet Attached lb 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 lS Feet Attached i0 feet, or where adjacent to a golf course 0 feet or lake 0 feet from the lake control elevation. 4) Multi.family Front Yard Side Yard Rear Yard Same as prmczpal slructure Same as principal structure Detached 20 feet Attached 10 feet, or where adjacent to a golf course 0 feet, or lake 0 feet from the lake control elevation M]'N'I .", FL ,~t FLOOR AREA I) Single famil',, detached d~ellin~ umts 1,400 square feet 2) ,,MI other dwelling unns l.O00-square feet OFF-STREET P,,M~,KI'NG AX'I) LOADfXG R.EQLTREMEEN'TS As required by Division 2 3 of the Collier County Land Development Code in effect at the time of building perma application MAXIMUM I-[EIGHT ]) Single family attached or detached. ,,'ilia/patio homes, and zero lot line Two stones above the minimum flood elevauon :) 3) Muhi-familv Four stories above ~he minimum flood elevation AccessoD' Structure 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen enclosures, which may be the heighl of the pnnc~pal structure 111-3 FEB 2 1 1998 7/ CLUSTER DE V'E LOP,'v~NT O In the event a housing project (including infrastructure), is designed with a common · rchit¢ctura] theme, the Collier County Development ScrMccs Dir¢clor may permit vtriations fi.om the previously listed residentiaJ development regulations. Prior to approval and subject to the provisions of' Division 3.3 of the Collier County Land Development Code, 'he Collier County Development Services Director shall insure teat the plans are appropriate for and compatible with the surrounding ~rca. and the basic intent of the PUT.' standards are complied with I11-4 FEB 2 ,~ 1998 "~. 7~ _-- SECTION IV COMMONS~RIiiCREATION AREA 4.1 4.2 PURPOSE The purpose of th. is Section is to set forth the development plan and development standards for the areas designated as Tract "CR", CommonsLRecrtation Area on Exhibit "A". The primary function and purpose ol' th~s Tract is to provide for access, project infrastructure, &nd aesthetically pleasing open treas intended to satisfy the residents' ba~c needs for a qu~,lity recreational opponunhy Any recreational, social, administrative ot maintenance facility which may be indicated on the PUD Master Plan. Exhibit "A", tJ~aJI 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 PER.M ITTED No building or structure, or pan thereof', shall be erected, altered or used, or land used, in whole or in pan., for other than the following A Principal Uses 1) Golf,courses and golf'club facilities, including temporary and permanent golf, clubhouses 2) Tennis clubs, health spas. and other recreational clubs Structures which house social, recreational, project marketing. administrative, or security Facilities Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and e~uent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and mamlenance staff o~ces 5) Ulility, u.'ater management and rights-of-way/access easements. 6) Lakes and water management facilities 7) Conservation areas'miti~auon areas 8) Land use ancL"or landscape buffers, v.'hich may or may not be easements. depending on the buffer use 9) Signage (~ee Sec:ion ? 10 of.this document) Open space uses and structures including, but not limited to golf can paths. nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and picnic areas FEB 2 4 1998 ..................................................................................... IL ...... .....Jj_J ....................... ,.J 11) Pedestrian and bicycle paths, or other similar facilities constructed purposes of access to, or passage through the cornmons areas 12) Small docks, piers or other such facilities constructed for purposes of l,tke recreation, for residents of the project. 13) Shuffleboard courts, tennis coups, swimming pools, and other facilities intended for outdoor recreation 14) Lake excava.'ions as permitted by Division 3.5 of the Collier County Land Development Code. B. Accessory Uses: Accessory, incidenta; and ~ubordinate commercial activities such a~ but not limited to those provided herc;n shall clearly be of such scope, size and proposed intensity :Fat the7 are sus~irmble only by the memberdup oft. he golf courses and clubhouse resttoom~st~elters, and other cuslomar7 a¢ces~o~ u~s of golf 2) Small establishments, including golf and tennis equipment sales, restaurants, cock:ail lounges. :,nd similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Customary accessory uses or structures incidental to recreational areas and. or facilities, including structures constructed for purposes of maintenance. storage, tecrealion or shelter with appropriate screening and landscaping 4) One (I) caretaker's residence for the golfing/tennis facilities I 5) Telecommunications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, U'I'~F, VF[F, FM, AM, Short.wave, and other sending and receiving facilities and structures, subject to applicable perm:tting, and written approval by the developer or master homeowner's association 4.3 DEVELOPMENT REGULATIONS Overall site design shall be harmomous m terms of landscaping, enclosure of structures. Iocauon of access streets and parking areas, and location of buffer areas B Setbacks ~) Country Club (Principal structures) Front Yard S0 feet from abutting residential parcels, otherwise 0 feet Side Yard 25 feet from abutting residential parcels, other'v.4se 0 feet Rear Yard None AccessoD' 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 thc lake control elevation Side Yard 10 feet, or where adjacent to golf course 0 feet. or lake 0 feet. measured from the take control elevation Rear Yard 10 feet, or where adjacent to golfc measured from tl'.e lake control elevation. IV-2 FEB 2 4 1998 Structures adjacent to one another shall be separated by a minimum of 10 feet. Lighting facilities shall be arranged in a manner which w~ll 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 La~d Development Code shall be required, except for uses authorized by the golf course Early Work A~reement, as set forth in Section 2.5 F. of this document ~t.~i mu m Height. Principal Structures 63 feet 2) Accessory Structures' 40 feet, except telecommunications facilities and structures Minimum Off. Street Parking And Loading l) Private Golf Courses Four (4) spaces per hole. Additionally, one (1) space per 200 square feet shall be provided for office,/ lobby/ pro-shop/ health club/ clubhouse/ lounge/ snack bar/ dining room/ meeting room areas, of which a maximum one-third (1/3) of this requirement may be ~assed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the 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 can, golf bag and equipment storage rooms; maintenance buildings, and rooms for mechanical equipment shall be computed a one ( 1 ) space per I.O00 square feet 2) Loading Areas .&s required by Division 2 3 of the Collier Countv Land Developmen: Code in effect at the time o£ Site Development Plan application Caretaker's Residence One (1) caretaker's res,dence shall be permitted for the golfing/tennis facilities, subject to the follo'..ving 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 ...tll ex,ts required to comply with fire codes shall bc permJ:ted 2) The carelakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operatin~z or maintaining the golf course ' 3) Off-street parking shall be as for a single-family residence in accordance with Division 23 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 an.,,, other required parking facilities. FEB 1998 '7..5' 4.4 BUFFER DE~,T..LOPMENT 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 ca.hen berms and, or fences/walls 2) Landscape buffer, ex;sting native plant types may be utilized and, or. ]) Earthen ben'ns and, or. 4) Fence~walls 9 foot maximum height B Buffer Development Standards In addi:ion to the development standards set forth below, the provisions of Section '711 of this document shall also apply Land use buffers, berms, fences and walls may be constructed along the perimeter of the Naples Forest Country Club PUD boundary prior to Subdivision Platting and Site Development Plan submittal A31 such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument 2) All o~her project property boundaries shall have land use buffer widths comphance ~.tlh Division ~ 4 from Collier County's Land Development Code Exce;: as prov,ded for above, and in Section '7 11 of lhis document, buffer ,mpro'.emen:s shall be in conformance with Division 2 4 from Collier County's Land De~eJopme~: Code ~) Types and numbers of plantings for project perimeter land use buffers shall be subm~:ted v,.Ith Cor, slruct,on Plans and Plat applicaUon(s) Plans shall depict hov,, the perimeter land use buffers xvill be irrigated IV-4 TABLE I] D£VELOPMENT STANDARDS DEVELOPMENT S'T~,rD ARD S SINGLE SrNGLE V~I. LA/PAT10 FAMILY F AJVLrL y ZERO LOT DETACH:ED ATTACHED LFhfE M1JLT1- COLONS FA.M~Y R.ECILEATION SIDE YARI) PEAR YARD IriS' DIST, B~TW'EE N STRUCTUP~E S ~ BLDG, tit ACCESSORY STRUCT~q~ S F'~ON'T FEET .~ FEET' 0 FEET OR ? .~ FEET: ~, FEET 20 FEET 15 FEET 15 FEET I AC"I~ NOT A.PPLICABLE 1~0 ~ NOT A~PLICABLE 1,000 S.F. NOT APPLICABLE 20 FEET 50 FEET~ 20 FEET. IS I~ETs 25 FEETs 10 FEET' 20 FEETs NONE: 10 FEET" FEET 10 FEET I0 FEET 15 FEET~ i0 FEET STOlOnS' 2 STOPJES' 2 STOP, JESt 4 STOPd'~S' 60 FEET' SPS SPS SPS SPS 10 FEET' SPS' SFDE SPS S PS SPS SPS 10FEETs SPS' PEAR(ATTACH2~D) 10 FEET~ 10 FEET~ 10 FEET~ 10 FEET' 10 FEET' S,PS ' (DETACFEED) 20 FEET 1~ FEET 15 FEET 20 FEET 10 FEET~ SPS' M,~ BLDG HT 35 FEET" 3.~ F~ET' 35 FEET'~ 35 FEET* 40 FEET* S PS Same as Principal SIructures IV-$ Apphcable £o single sJo~ dwelhng umts Applicable to ~ gory. d~elhng umts Appli~bl~ o~)' to U~e Bol/¢our~ dubhou~, and onb apphcable from ~s~denlJal ~r~ls. mhe~ none ApplJ~ble ~o aJl ~her ~ec~l~o~l buildm[s no{ a~laled ~lh Ihe lo~u~ club,s. ~ ~h rec~Uo~l bmldin[s ~re edjacem ~o ~oI/cour~ · none (O'). or la~¢ - none (0') m~r~ from t~ I~e comrol el~'allon Where adja~nl to a ~ol/course. none (0'), or lake · none [0') measured from th l~e conlrol elm'al~on jr'e~ter. Budding heijhl si,ali ~ mensured from mm~mum 35 f~t, or 2 MoncL ~luche~er ~s gr~ler, a~c Ibc mlnJmum enclosures. ~h~ch ~ ~ t~e hogh~ Gf the pnnop~] 40 f~t. ex~pt ~el~mmumcal~ons facilities and for attached ~reen FEB 4 1 98 77 SECTION V CO.%I.MERCIAL/OFFiCE AREA 5.1 5.2 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "CO", Commercial/Offi¢ e Area on Exhibit "A", PL,rD Master Plan M. AX~UM COMMERCIAL/CI:'FICE SQUARE FEET The I$,,- acre Commercial/Office Area (Tract "CO'), shall not be developed with more than 1S0,000 square feet of commerc~al/oft'~ce uses Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations USES PE R.",I ITTE D No building or str~cture, 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' 3) A. ny retail businesses as defined in the Standard Industrial Classification Nlanual for the foliou,'~ng categories a ~-'3 - Paint. Giass. and Wallpaper stores. b -~"-~ - Hards,.are s~ores. c Ma.~or Group -~3 - General merchandise stores A.nv reta, store engaged in sellinlz food as defined under Major Group $4 in the Standard ]ndustr:al Classit';ca~on Manual .,.~v retail businesses en.~aged in selling automobile pans and accessories. and reta:l gasoi;ne sales (sv~thout sen'ice facilities), as defined in the Standard Industr::~l Ciass.fica::on ,",lanual for the following categories a 553 - .Auto and Home Suppb,' stores, not including an',,' installation facilt es, ' - b 554. Gasoline Stat:ohs. not :ncluding service facilities. c 7542 - Car'v. ashes onl;' An)' 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, furnishines, and equipment stores as defined under Major Group 57 in the Standard [n~{ustrial Classification ,".lanuai 3./a~uol. 1957 Edmon 6) 7) 8) ~) ]o) I") Any retail establishment selling prepared foods and drinks, including alcohohc dn,'nks (for consumption on the premises), as defined under M'ajor Group 58 in thc Standard Industrial Classification Manual Any miscellaneous retail businesses as defined under Hajor Group 59 in the Slandard Industrial Classification N4anual, not including Industry Group Numbers 593 . Used N4erchandise Stores; 596 - Nonstore Retailers, 598 - Fuel Dealers, and not including the retail sale of'fireworks. 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 ]n tustrial Classification Manual Estabtishments operaung primarily to provide temporary lodging such as hotels or mat¢ls as defined under Industry Group 701] in the Standard Industrial ClassiScatian Manual ,No more than ]SO rooms shall be pen'nitted £stablishments operating primarily to provide personal servic'es as defined in the Standard Industrial Ciassificauon ~4anuaJ for the following Industry Groups 721 - Laundn.., Cleaning, and Garment Services. only including 7211 - Power laundries, family and commercial, and 7215 - Coin-operated laundries and d%'-cleanmg. 722. Photo.~raph~c Ponran Studios. 723. Beauty Shops, 724 - Barber Shops, 725 - Shoe Repair Shops and Shoeshine Parlors, ?26 - Funeral Ser',':ce and Crematories, '729 - S,l~scel[aneous Personal Ser~'ices, only including 7291 - Tax return preparatmn se~'~ces, and 7299 personal services, only including car title and tag ser,~ce, computer photograph), or portrails, costume rental. dress suit and luxedo rental, electrolysis (hair removal), hair weaving or replacement se~'~ce, and tanning s=tons Eslablishments operaling primarily lo provide business services as defined in [he Slandard Industrial Classification Manual for the following Industry · %'umbers - a 73] I - Advertising Agencies, b 7334 - Phelocop}mg and DupJic3ting Services, 7371 . Computer Programm,ng Ser,'ices Es:abhshmen:s operanng primarily to provide legal services as defined under N~'ajor Group $ I ~n the S:andard Industrial Classification .~anual Es~abhshmcn~s operating primarily to provide engineering, accounting, research, and management for the l:olloW~ng Industry Numbers- 8711 - Engineenng Services (no outside equipment storage), 8712 - Architectural Services (no outside equipment storage), 8721 . Accounting, Auditing, and Bookkeeping Services. 8732. CommerciaJ Economic. Socioloeical, and Educational Research. 8742 - Management Consulting Ser~'ice~; 8743 . Public Rel~licns Services, 8748 - Business Consulting Sen,'ices AG N I NO. ~ FEB 2 4 1998 14) Of'rices o£ 8ovemment as defined under Major Group 9] in the Industr,al Classification Manual B Accesson/Uses Stand~ Accessory uses and structures customarily &ssoci&~ed W~th the permitted principal us~s and structures, ircluding, bu! not limited 1) Parking facilities and SiBnage 2) One caretaker's ~,-sidence 5.4 DEVELOPMENT STANDARDS A IvQ%~,~ LOT AJ:;LEA 10,000 square feet B AVERAGE LOT WIDTH I00 feet C. .M~"IM'L~t YARDS (fNTERNA. L) l) Front Yard 20 feet 2) Side Yard None. or a mm~mum of S feet, with unobstructed passalze from front to rear )'ara - 3) Rear Yard 1.5 feet D 4) Parcels v..~[h t'.,,o £romages may reduce one front yard by l0 feet NFlN1M'L~! YARDS A.'x'D BLTFERS (EXTERNAL) l) Rattlesnake Hammock Road (CR 864) S0 foot setback, except that canopies for gas stauons mus~ maintain a 30 Foot setback, provided no ,.gas pumps or pump islands are located closer than 40 feet from the Rattlesnake Hammock Road P, Jght-Of-Way A 20 Foo~ landscape buff'er, in accordance with Section 4 4. and Secuon 7 1 I of this document, and Division 2 4 of the Collier County Land Developmenl Code, shall be provided along the entire frontage o'f Ra:tlesnake Hammock Road E F 2) Coun:y Road 95 ] 50 foot setback, except that canopies for gas stations must mamlam a .~0 fool setback, pra'.;ded nc, gas pumps or pump islands are located closer lhan 40 feet from the C R 9~1 RJgn; Of-Way A 20 foot landscape buffer, m accordance v.,ilh Section 4 ,4, and Section '7 11 of this document. ,,nd Divmon 2 `4 of the Co!her Count)., Land Development Code, shall be provided along Ihe ChUte frontage of State Road 9.51 MI'NIM'L.~I DISTANCE BETV, qEEN STRUCTU'R. ES Same as side yards MAX I .\ Fl.. .'% I FfFIGHT 5C feet. except for architectural appurtenances, which shall not exceed 75 feet NFlN'LML.,"M FLOOR AREA 1,000 square fee~ per principal structure, On the first finished floor Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a mm~mum floor area of 2S square feet, and are not subject to setback requirements set forth above AG N I F E B 2 H ]VL~I~LrM GROSS LEASABLE FLOOR AJ~A IS0,000 square feet [. OFF-STKEET PAJ~G A,~,~ LOADING AJ required by Division 2.3 of thc Collier County L.,~nd D~elopmem Code in effect at the time of Site De ,clopment Plan ap~,roval J. A.R.C H1 TE C ~J'R. ALU ~,'1:FORM]TY Commercial/office devHopment in this PUD shall have a common azchhectural theme for all structures C, uidance for the commonality of architecture may be derived from Division 2 8 or'the Land Development Code, or may be unique to the PUD. CommerciaL/or, ce development site design shall conform with the guidelines and standards of Division 2 8 of thc Land Development Code. K. CARETAKER'S RESIDENCE One (l) caretaker's residence shall be permitted for the commercial/office development area, subject to the following ]) Thc 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 ac:dmon Io an',' other required parking facilities FEB 2 4 1998 'F// -- SECTION vl PRESERVE AREA 6.1 6.2 PURPOSE The purpose of this Section i: to set forth the development plan for areas designated as Tr:,ct "P', Preserve Area on E,-hibit "A", PUD Master Plan The primary function and purpose of this Tract is to pres,.c-ye and protect vegetation and naturnliy functioning habitats, such as wetlands, in their natural state USES PERMITTED No building or structure or part thereof, shall be erected aitered or used, or land used. in '.vho!e or in pan, for other than the following, subject to regional, State and Federal permits, when required A Pnncipal Uses 1) Open spaccs,%'amre preserves 2) Water management facilities 3) Signage (see Section ? 10 of this document) 4) Mmgat~an areas 0 5) Small docks, p~ers or other such facilities constructed for purposes of lake recreation for res~der, ls of :he project, subject :o appropriate approval by perm~mn3 ~genc~es 6'1 Hiking trails, riding trails and golfcan paths, shelters, or other such facilities constructed for the purposes of passage throuah or enjoyment of the site's natural attributes, subje:: to appropriate appro,,Tal by permitting agencies FEB 2 4 1998 SECTION VII DEVELOP.~IENT CO,"',l.~llT~f ENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Finn] Subdivision Plans and all applicable State and local laws, codes, and re~,ulations applicable to this PUD Except where specifically noted or stated other~4se, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even ir the land within the PLrD is not to be platted The developer, his successor and assigns shall be responsible for the commatments outlined in this document. The developer, his successor or assignee, shall f-ollow the Master Development Plan and the regulalions o£ the PL,rD as adopted, and an,',' other conditions or modifications as may be agreed to in the rezoning of the proper~y In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement These commitments ma)' be assigned or delegated to a homeo,,vners' association to be created by the Developer Upon ~ssignment or delegation, the De'.'e!oper shall be released from responsibility for the commitments PUD 51ASTER DEVELOP51ENT PLAN Exhibit "A". PLrD Siaster Plan illustrates the proposed development and is conceptual in nature Proposed :race. lot or land usc boundaries, or special land use boundaries shah not be cons:rued to be final, and may be ,.'cried at anytime at any subsequent approval phase as ma'.' be executed at the time of final platting or site development plan application SubJect to the provisions of Section 2 ? 3 S of the Land Development Code. amendments may be made from time to time All necessa~ easements, de~:¢at~ons, or other instruments shall be granted to insure the continued operat,on and maintenance o£ all services and all common areas in the project The Communm., D,:.velopmem and En'.'ircnmenta] Services Administrator. or his designee, shall be authonzect to approve minor changes and refinements to the Naples Forest Coun~,~, Club PL'D Nlaster Plan upon written request of'the developer l) The £cllowmg ]imitattons shall apply to such requests The mmcr change or refinement shah be consistent with the Collier County Gra~.'th Nianagemem Plan and the Naples Forest Country Club pLrD dacument The minor change or re.~nemem shall not constitute a substantial change pursuant to Subsection 2 7 3 S 1 of the Collier County Land Dcvelo~mem Code \'II-1 FEB £ 4 1995 The minor change or refinement shall be compatible w/th adjacent uses, and shall not create demmental impacts to abutting land water management facilities, and Preserve Areas within, or external to the Pt..rD boundaries 2) The following, shall be considered minor changes or refinernems, subject to the limitations or Subsemion ? 3 C 1) of this document: Reconfigura6on of Preserve Areas, jurisdictional we,land limits, and mitigation f;atures as a result of regulatory a~ency review and permitting The;-. may be no overall decrease in Preserve Area. Reconfiguration o£ lakes, ponds, canals, or other water management facilit{es where such changes are consistent w/th the criteria of the South Fiohda 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 Ioc~tions in a manner consistent with the Collier County Access Management Plan f Reconfiguration of residential parcels when there is no proposed encroachment into Preser,'e Areas 3) 4) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regu!a:~ons prior to the Administrator's consideration for approval I Approval by thc 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 first obtaining all applicable Count,',' permits and approvals '7.4 SCHEDULE OF DEVELOP.MENT~IONITORINC R£PORT AND SUNSET PROVISION A This PUD ,s subjecl ia Ihe Sunset Provisions o£ Section 2 7.3 4 o£ the Land Development Code B An annual PUD monitoring report shall be submitted pursuant to Section 2 ? 3 6 of the Land Development Code 7.5 TRANSPORTATION The development of this PL"D Master Development Plan shall be subject to and governed by thc following conditions 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 Roacl (C R 864) or County Road 951. nor shall such facilities be located w~thln the Rattlesnake Hammock Road or County Road 95 J ~:-~"- VII-2 G H Substantial competent tsidence shall be provided by the developer to the effect that the project ~s designed to provide capacity and treatment for historical roadway runoff Residential dwelling units proposed as either single-family detached or single-family zero Iai linc units shall be considered as single-family detached dwellings, for purposes of determining road impact fees. in accordance with Ordinance 92422. as amended All access points shall be co,-.qistent 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 turning movements Both leR and right-turn lanes shall be required at ail access points Under the future four-lane condition, the developer shall be responsible for providing turn lanes for both eastbound and westbound traf~c If the developer h~ 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. C R 951 is presently a four-lane facility AJI costs of providing either northbound or southbound turn lanes at all access points shall be the developer's sole responsibihty This requirement shall extend to any modifications of existing facilities that mas' become' necessitated by the developer's project The applicant shah contribute a Fair share ioward the cost of traffic signals at the prajec~ en:rance, or at an,.' o~her ~ntersection significantly impacted by the apphcant's project -,~lth:r.:h¢ Rod:us of Development Influence of the project on both Rattlesnake Hammock Roa~ and C R 951. if and when deemed warranted by ~h~ Count} S;:h tratT;c s~!nais shall b~ owned, opcra~ed nnd maintain¢d by thc Coum) Compen:..:mg n.~ht.of-v.a? for turn lanes and median areas shall be dedicated by the apphcan: to re=mburse the Count.s for the use of existing right-of, way prior to the issuance 0£ the first "permanent" Cemficatc of Occupancy Such dedication shall be cons,detect s:te related, and there shall be no road impact fee credit ~o the applicant The applicant shall provide a strip of land at least 25 feet in v4dth along the entire length ct' The Ra',:lesnake Hammock Road right-of-way for future four-laning of Ratdesnake Hammock Road In exchange For providing this addiuonal right-of- way, the applicant shall be ei,~iblc for road ~mpact fee credits in accordance with the provisions of Ordinance 92-22. as amended The ~turc tithe-of-way shall be made available to ~he County either upon presentation of the plat for recording, or within i20 days notice to ~he applicant by the County of the County's need for thc land, whichever occurs earlier Road impact ~¢~ credits shall be subject to a Developer Contribution A~reement approved by :he Board of County Commissioners. and shall be available to :he developer upon change m title ownership of the subjcc~ contribution T'ne app!i:nn: sh~ll be res~;ons~bie For The mstaJlauon of arterial level Ii~,htlng at projec: er, trar, ces prior to ~ssuancc of ~h¢ ~st "permanent" Occupancy VII-3 FEB 2 4 1998 AJI required improvements, excluding riBht-of-way donations for roadway specifically mentioned in thc County's Fwe-Tcfl 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 Proiect entrances shall be designed to preclude the backing up of entering vehicles onto adjacent pubik' roadways If access is to be controlled by means of' a gatehouse or card-co~trolled gate, the gate or gatehouse shall be desto, ned. located and operated so not tc permit such vehicular backup. A minimum throat length for vehicle stacking shall ~e 75 feet Where expected Peak Hour tra~qc volumes are equal to or greater than 30 vehicles, the mm,mum throat length shall be 100 feet WAT1~' R MA.~AG £.%1 £NT The development of this PU'D Master Development Plan shall be subject to and governed by the following conditions A Detailed paving, grading and site drainage plans shall be submitted to Eng, ineering Review Services for review and approval ~o construction permits shall be issued unless and until approval of' the proposed construction, in accordance with the approved plans is granted by Project Review Sec'ices B An excavation permn will be required for the proposed lakes in accordance with the Collier Count~ Land Development Code and South Florida Water .'Vianagement District Rules C Thc d¢',¢lopment projec[ a;ea si;all bt Ces~gned to consider regional stormwate tlows and ;nclu3e the passa_~¢ cf o,n',s~t¢ t~ows from the north to the south throui thc .,~ estert', pon~on of the proper':,.',' m a manner consistent with project development plans D Thc De~.,¢loper shall grant :he necessa~' drainage easements outside the Naples Farest Surface Water N1anagement System. and within western portions of the project to Collier County ~o provide adequate regional stormwater management fio~avs and facilm~s The easement shall be ~ramed after the Naples Forest Coumn' Club has r~cc,ved perm:ts from :he State and Federal agencies, and within 90 days of receipt of ~he drainage easemem documents from Collier County The easement n~h;s shah be subject ~o. and consistent with thc Developer's d~vclopmem plans, mc]udm~ Dcvc[oper's wetland mm[anon plans Thc Developer shall be responsible for providing,, in a manner consistent Deveicper',~ project development plans, adequate facilities and/or flow'ways necessary to pass through the project boundaries, thc storrnwater which currently flows to~,'ares :he Naples Forest property Design of the improvements shall be closel.~ coordmate~ ~.~h the Count.,,' Stormwater Management Department to endeavor to maintain uniformity ,.,,~th the County's Lely Area Stormwater improvement proJect, currently under d~s~.~n 1) The offsite flow rate ,,~'ill be calculated by the Developer's engineer, and accepled by the South Florida Water .Management District (SFW'M~), based on ex=stm_t~ permitted projects upstream If Collier Count)' disagrees with the otTsi:e flow esttmate, the County shall provide supporting documentation to the Developer's engineer and the SF\",~Z) VII-4 F E B g 1998 2) Such facilities may ~ncludc, but are not limited to Regrading of the Naples Forest western easement arco to reestablish historic shoe:flow along such port,on of the property E. xcavat~on of' small ponds in the flow'way for additional storage area Construction of. a control structure to dct~in a portion o£ the off-she flows Design of suct, a control structure sh~ll be by the Developer's en$ineers. The control s'ructurc will be maintained by Collier County, and the Developer shall ),.',t have liab..,v for impacts to properties upstream due to the County's con:to, o£ the s,,"ucture's control elevation Collier County agrees 1o maintain the control structure in a manner as described in these stormwatcr conditions 3) Colhcr Count.,,' acknowledges that the Developer's commitment to construct £acil,ties to control off'site runoff may be precluded by the inability to timely obtain the ~ssuance of' accesser),' permits The Developer's failure to timely obtain such permits that include the off'site 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 as described above), at a later date, if Collier Count),' obtains construction permits for the £acilitits as part of' the regional drainage basin improvements G H in the even: a water levet con:roi structure m the flow'way ancL~or improvements to ~he capacity or' the stormwater conveyance system along Rattlesnake Hammock Road to regulate or ~mprove off-site stormwater flOWS is required by SFW']v[D as part of the Naples Forest project permi:ung, the County shall reimburse the Developer Far the cost of such control structure and/or improvements to the stormv.'ater conveyance s.',stem alon~ Rattlesnake Hammock Road (less the De'.clo~er's propor':ionate share of suc~h cost) as soon as reasonably possible, and not later than :he t~me an area u.'ide £undmg mechanism is established for stormwater m~provements AJso, at the :)me of such reimbursement, the County shall reimburse the Developer for the cost of excavating a flo'~,'wav (excluding the cost related solel,< ta aesthetics) along the western po,"t,on of' th; propen.,,, The Developer's propcn~ona:e share ~s calculated based upon the Naples Forest development dischar? d:',,ded b~ the to:a: re_u:on.'tJ d~scharge If` an~ of the re_~onal stotinka:er ~mpro~.'ements cause add)tional wetland impacts u,'hich must be mitigated tn the Naples Forest perm,t, the County ,will pa), the D~rcJop~r ~cr the cos: o~ such m~t~atlon A Soulh Florida Water ."4ana_~ement Dislnct Surface Water ~.lanagement Permit will be required for this project prior to Ihe slan of'any construction L'TFLITIES The development o£ :h)s PL"D ~ , ,,las,er Develot~ment Plan shall be subject to and governed b,.' the fCliO,A'm_~ conditions Water d~s~r~but~on and sewage cotiect~on and transmission facilities to s¢~'e the projec, are ~o be designed, cons[n.c:ed, conveyed, owned, and ma,ntained in accorciance v, ith Cclher Count:,' Ordinance No 97-]7, as amended, and other applicable Counts ru!es and re_~uia::ons VII..C FEB 2 4 1998 ?.8 AJI customers connecting to the water distribution and sewase collection £acilifid will be considered to be customers of'the County, and will be billed by the County accordance with the County's established rates. C Temporary construction andJor sales trailers may use septic tanks or holding tanks For waste disposal, subject to permitting under FAC IOD-6, and may use potable or irrigation wells Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks ~'or waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. The on-site water distribudnn system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries consment with the main size and the requirements specified in the projecl'sUtihty Master Plan, and extended throughout the project During thc design of these facilities, dead-end mains shall be minimized by looping the internal pipeline ne:work. ~hcre £casible The County recognizes there are environmental constra~ms that ma,,,' prevent Ioopmg F The project's developer, his assigns, or successors may negotiate an agreement with the Colher County Water-Sewer District for the use of treated effluent within the prOJect for ,rrigation 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 pomt of delivery to the project, and shall negotiate with the County to provide full or pamal on-sste storage facilities, as required by the Florida Department of En'.ironmental P~'o',ecnon ("FDEP") consistent with the volume o£ treated v, astewater to be utlhzed ENVIRON.~IENTAL The developmem 0£ Ih~s PUD Mas:er De',elopment Plan shall be subject to and governed by the f'ollox~mg condmons Env:ronmental perm,:m~z shall be m accordance with :he State o£ Florida Enx~ror, men~a! Resource Perm[~ Rules. and be subject to review, and approval by Curren: P'.annmg En~ronmemal Rex,e,,, S~ff Removal of exo,c vegclat~on alone shaii r,o: :e thc sole compone:~: of m:l~gatson For impacts to Colher County jur~s~Clior, al ~.eilan~s ,~dl conse.~.'a:mn areas shall be designated as conservation/prese~.a[ion tracts or eascme,~ts on all ccns~.rucnon I:lans, and shall be recorded on the plat with protect:,.c co',er..~n:s per. or similar to. Section '/04 06. Florida Statutes C ButTers shall be provided around v, eHands, where possible, extending at least fifteen (15) Feet landward From the edge of the wetland preserves in all places, and average twenty-fi,.e (25) feet From the landward edge of wetlands Where natural buffers are not provided, structural buffers shall be provided in accordance with the Sta:e of Florida En','~ronmemal Resource Permn Rules. and be subject to review and approva', bx- C.,;re~: Plannir. g Fn,.=ronm,'n:at Review Staff AO~ FEB 2 4 1998 The petitioner shall comply with the guid:lines and recommendations of the U S Fish and Wddlife Service (USF&WS) and the Florida Game and Fresh Water Fish Commission (FGI:"~TC) regarding potent:al impacts to "listed species" Where protected species are observed on she. a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for renew and approval prior to final site plan/construction plan approval An exotic vegetation re,'noval, monitoring,, and maintenance (exotic-free) plan for the site, with emphasis cn the conservat,orUpreservafion ~reas. si,ail be submitted to Current Planning Fnvironmemal Review Staff for review and approval prior to Final Site Plan/Construction Plan a~proval '7.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with. or following the construction of the principal structure, except for a construcuon site office and model center '7.10 SIGNS All signs skalI be in accordance w~:h Di'.is~on 2 5 of Collier County's Land Development Code m effect at the time of Site Development Plan approval, with the following exceplions A Project Identification Signs - Tv.o ground, wall. or gate project identification signs may be located a: each entrance to the development, and two project identification si~;ns may be located on Rattlesnake Hammock Road (C R 864) and County Road 951. all subject to the fol!o~'mg requirements l) Such s~gns shall contain onh, the name of the development, the insignia, or motto of the dexeiepmen:, an~ shall not contain promotional or sales material 2) Project Identification signs shall not exceed sixty (50) square fee'., excluding mounting surfaces or structures Where s]gnage is affixed or an integral part of a wall or fence, the face of tile sign may. protrude above the upper edge of the ~a!l or fence, bur remain sub~ez: :o height resmctions 3) No project :den:~fica::on s~gns shall exceed the height of ]0 feet above the f~mshed ~round lexel of:he s~_~n s~te 4) Prcject identification s,gns m.~v be Iighled. provided all lights are shielded in a rr.~nner '.~h~ch prevents glare ~v, adjacent roadways, or into adjacent residences Project Promotion S~gns - Tv, o ground or ',,.'all signs may be located on the project's frontage on Rattlesnake Hammock Road(CR 864), and two ground or wall s~gns may' be located on the project's frontage or, CR 951 for the purpose of promotmg Ihe development or an; ma)or use ~,~thin the development, subject to the following requ~re:nen:s .~.'.' promotiena: s~gns shall no: exceed lO0 square feet, excluding mounting surfaces C.r 5:r'uclureS 2) No promotional sign shall exceed a height of 10 feet above the average finished ground le,,el of the s~te .3) Promo;;onzl signs ma,. be h~h:ed, pro'.zded all lights are shielded in a manner which prevents d,rect glare on adjacent roadways, o: Imo a '~~es ",'II-7 FEB 2 4:1998 .,. 7.11 7.12 Commercial/office signage shall be permitted in addition the a£orementione~ signage, and shall conform with the provisions of Division 2 5 of the Lancl~l Development Code. and where applicable, to the signage provisions of Division 2 8 of the Land Development Code LANDSCAPE BUFFERS, BER.MS, FENCES AND WALLS Landscape buffers, berms, l'.'nces and walls are generally permitted as a principal use t~oughout the Naples Forest Country Club PUD, except in Preserve Areas. The following standards shall apply. C Landscape berms shall have the maximum side slopes' 1) Grassed berms 3 l 2) Ground covered be:ms 2 I 3) Rip-Rap berms I 1 4) Structural walled berms may be vertical 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 eievanon ~,,,ith an averaee side slope oflreater than 4 I (ie 3 i, 2 I, I I. orvemcal) - - Pedestr:an sidewalks, golf can palhs, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas LANDSCAPING FOR OFF-STREET PAFLKING AREAS O Except where provided for eise',,.'here in this document, all landscaping for off-street parking areas st,all be ~n accerdance '.~i:h Divls;on 2 4 of the CoIiier Count), Land Development Code in ¢,'Tec', a: :he nme of build:hi pe,".m~: apphca:ion 7.13 POLLING PLACES Pursuant to Sec:ton 2 6 S0 of:he Land De~,e,cp,,,en, Code. provmon shall be made for the f~ture use of budc;ng space ~::hm common areas :'or :he purposes of accommodatin~ the f~nction o/an electoral pollmng p{ace - An Agreement between the de',e!o~er ar. 8 :he $~.~ervlsor of Elections t'or the provision of polling places shall be recorded m :he off'c,a; records of the Clerk of the C:rcust Court of Collier County, ~.hlch shah be bmd:n.~ uron ar.. and aH successors in m:~es: t~t acquire ov.'nersh~p of such core'non areas ~r. clu:;nff ,~,o?.ee~ners' assoc~auons 7,14 DISCLOSURE The Naples Forest Court:ri' Clu~ Mis:er Ho,-.,eo',,,'ner's As.sooat~n Documents chili disclose the existence of a p:l,.'ate acts:r:F :o the '*est of the ProJecL and that rcsader::s of the development should an:,c~pa:e :o ~.e ...... a...., see ~ hear pr:sate ,,"r tr~c FEB 2 4 1998 NAPLES FOREST COUNTRY CLUB LANO USE TABLE EXHIBIT "A" FEB 2, ,~ 1998 EXECUTWE SUMMARY PETITION AV 97-020 TO VACATE 6' WIDE DRAINAGE AND PUBLIC UTILITY EASEMENTS WITHIN LOTS 1 THROUGH 4, BLOCK 207 AND WITHIN LOTS 4 THROUGH 6, BLOCK 206, ACCORDING TO THE PLAT OF GOLDEN GATE UNIT 6, AS RECORDED IN PLAT BOOK 5, PAGES 124 THROUGH 134, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 6' WIDE DRAINAGE AND PUBLIC UTILITY EASEMENT AS A REPLACEMENT EASEMENT THROUGH THE PREVIOUSLY VACATED CUL-DE-SAC AT THE INTERSECTION OF 28TH AVENUE SW AND 53RD TERRACE. SW. ~[F.~: To adopt the Resolution to vacate the 6' wide Drainage and Public Utility Easements and to accept a 6' wide Drainage and Public Utility Easement as a replacement easement. CONSIDERATIONS: Petition AV 9%020 has been received by the Transportation Department fi.om Terry Cole, P.E., Hole-Montes & Associates, Inc., as agent for the owners, Avatar Properties, Inc., requesting that the 6' wide drainage and public utility easements be vacated so that the areas encumbered by these easements may be used for development purposes. They are also requesting that the County accept a 6' wide drainage and public utility easement along the north side of the previously vacated cul- de-sac so that there will be a continuous 6' wide drainage and public utility easement along the west side of 53rd Terrace SW and along the south side of 28th Avenue SW. There are no existing drainage or public, utility facilities within the easements to be vacated. Letters of No Objection have been received from all pertinent utility providers and user agencies. The Transportation Department has reviewed the Petition and has no objection. Zoning is PUD. FISCAL IMPACT: Collier Coumy has collected a $1,000.00 "Petition to Vacate" fee from the petitioner. This fee covers advertising, recording and other processing costs and is deposited into the Road and Bridge Fund (101-163610). GROWTH MANAGEMENT IMPA.C_I: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Resolution for Petition AV 97-020 for the vacation of the above described easements and authorize the execution of the Resolution by its Chairman; (2) Approve and accept the replacement easement; and (3) Direct the Clerk to record a certified copy of the Resolu',.ion and make appropriate marginal notes on the recorded plat. PREPARED BY: 17:;'~e.~___ r~Iz.t~_=,~_.~, Rick C_~rigg, Land Surveyor __ David ~. Bobanick, Transportation Director REV1E WED BY~~~~:~ Ed llschner, Public Works Administrator DATE: DATE: Attachment(s) FEB 2 q 1 98 .1 6 9 I0 II RE.gOLt'TION NO. q~- R[:.'5()LU'II()N FOR I'Ellll()N AV ()?-U2t) I() V,\t...\lE fl' WIDE DR.AINAGE AN'[) PUBLIC UTILITY EA,gEMLNIS \VITIIIN LOTS 1 THROUGH 4. BLOCK 20? AND WITHIN LOTS 4 TIIR()UGH 6. BLOCK 206. ACCORDING ]'O Tile PLAT OF (;(.)[.DEN GA'IIi t~NI'] 6. AS RECORDED IN PLA'[ BOOK 5. t'AG£S 124 ]IIROUGIt 134. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AND TO ACCEP'I A 6' WIDE DRAINAGE AND PUBLIC UTILITY EASEMENT AS A REPLACEMENT EASEMENT THROUGH THE PREVIOUSLY VACATED Ct~L-DE-SAC AT THE INTERSECTION OF 28 TH AVE. SW. AND 53 RI)I'ER SW. 12 t3 14 16 I? 18 lO 23 2a 27 28 WItCREAS, pursuant to section 177.1OI. l:lu~i:la Sti~tutt.'s. Terry Cole , P.F . of Hole-Momes & Associates. Inc.. as agent for the per;donets, docs hereby reque' Ihe vacation of 6' wide drainage and public utiliD' casements ~hhin Jots I through 4. bloc,. 207 and within lots ,4 through 6. block 206. according ~o the plat of "golden Gate Unit 6". as recorded in plat book 5. pages 124 through 134. public recurds of Collier County. Florida. and to accept a 6' v.'ide drainage and public utility easement as a replacement easement lhrough the pre\ iousl.v vacated cul-de-sac at the intersection of 28 Tit AVE F,\V. and 53 RD TLR. SW. \VltEREAS. the Board has this da> held a puN,. hc;umg ~t) consider vacating said casell'~¢lltS a~. more full> described I-,el,,~. and [ioHc~.' O1' $,l~d i~,1'1-, homing to vacate was given as reqmred b> lax~ and \\'IIEREAS. thc granting of the xacati,n x~ill n,,t ad~c,scl? affect the ov, ncrship or r~ght ol COllX¢~llcrll SCL'eSS t,J o',her propcN? o',\llCrx NO\",'. TItEREFORE. BE IT RESOLVED B', 'IlIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORlt)..\. ~hal the following be and is hereby · .. ac at....d Sce kxlfibit "A" alt.ached hcret,.~ a.d mctq p,.~.,cd hclcm 31 35 36 37 40 BE IT FURTHER RESOLVED BY TIlE BOARD ~)1: COUN I'Y COMMISSIONERS OF COLLIER COL'NTY. FLORIDA. that thc 6' v, ide &am.,::'.' .md public utiliLv easemen!. more parttcularl? de<rsbed m t'xluNt "B" attached he,.':,, .md incorporated herein, is hereb> accepted as thc replacement easemcmlc, thc d~.,m.,g.'and publicutilit> eascmems xaca~ed herein BE I] FURTHER RESOLVED. II,at thc (_'tc~L t, i:c~..b', d,cctcd ~t) record a certified ct)FO ol' thls I(c:,olut~on m thc J'ubllc J{cturd> ol k olhc: t ~,~,,I,. [ RuMs. and lo ~n~e pro~r ilOtalloils oJ this xaca{iotl oil lilt recorded j~Jat ol "( ,,,Jti;'n t liltC L'IIII Six" ~ referenced abox e This resolulion adopled after mouon, sect,nd and mmm~t~ x,,t¢ laxoring same. 42 DA FED · *3 A I'IEST BOARD t)F (. ~)t N 1 '~' C(.)MMISSIONERS 44 Dg,'IGti"f E BRO(_K. Clcrk ('OLLILK ('()t'~', I Y. I I,ORiDA .15 Approved as to form and legal sufficient? 51 Heid~F Ash~on BARSARA B. BERRY, Chairman · o. /,a FEB 2 PROPOSED VACATION OF THE FOLLOWING DESCRIBED 6 FOOT, DRAINAGE AND UTILITY EASEMENTS. LOTS ! THROUGH 4, ~LOCK 207j GOL])EN GATE. UNIT 6, AS RECORDED IN PLAT ~DC3K 5, PAGES 124 THROUGH 134 DJr TP, E PUBLIC RECORDS DF C~LIER COUNTY, FLDRIgA AND ~EING ~RE P~RTICULARLY 9ESCRI~E9 AS FOLLDV~, COMMENCING ct the common property comer of L~LI 4 c3nd 5, Block 207, Golden G~te Unit 6, Pict Book 5, Pages 124 through 134 of the Public Records of Collier County, Iqoddo; t. hence run $ 33'54'.39' E o distance of .36.00 feat to the POINT OF BEGINNING; thence continue $ 38'54'59' E e distance of 99.00 feet; thence clang o curve to the Left with o rodlus of 50.00 feet, e delta of 180'00'00', end (3 chord beorlng N 51'05'21' E 100.00 feet, (3 distance of 157.08 feet; thence run N 38'54'39' W e dlstence of 80.00 feet; thence clang o curve to the ,R. ig.ht with e radius of 25.00 feet, o delta of 90'00'00', end e chord beerln(~ N 06'05 21 E 35.36 feet, o distance of 39.27 feet; thence run S 38'54.39" E o distance of 6.00 feet; thence clang o curve to the Left with e redlus of 19.00 feet, o delta of 90'00'00', (3nd (3 chord be(3rinc, j S 06'05'21' W 26.87 feet. e dlst(3nce of 29.85 feet; thence run $ .38'54'.39' E o dist(3nce of 80.00 feet; thence clcng o curve to the Right with o r(3dius of 56.00 feet, o delta of 12.42'18', (3nd (3 chord beerinc~ S 32'33'30' E 12..39 feet, o distonce of 12.42 feet; thence run N 69'.56'41' E (3 dist(3nce of 120.86 feet; thence run S 38'54'59' E e distance of 12.68 feet; thence run S 69'56'41' W (3 distance of 124,95 feet; thence (3long (3 curve to the Right with (3 radius of 56.00 feet, o delta of 73'38'32', (3nd (3 chord beorlnc~ S 22'54'59' W 67.12 feet, (3 dlst(3nce of 71.98 feet; thence run $ 24'06-42' E (3 distance of 107.19 feet; thence run S 51'0.5'21' W o distance of 12.41 feet; thence run N 24'06'42' W (3 distance of 110.56 feet; thence clang o curve to the Right wi:5 o r(3dius of 55.00 feet, (3 delt(3 of 69'03'01', (3nd o chord be(3rin~ N 73'26'09' W 6.3,48 feet, o d;st(3nce of 67.49 feet; thence run N 38'54'.~9' W c distance of 9.00 feet; thence run S 51'05'21' W o d;st(3nce of 115.00 feet; thence run N 3E54'59' W (3 dist(3nce of 12.00 feet; thence run N 51'05'21° E c distance of 113.00 feet; thence run N 58'54'39' W c distance of 78.00 feet; thence run N 51'05'21' E (3 dlst(3nce of 10.00 feet to the POINT OF BEGINNING. Contain;rig 6,411.41 square feet, more or less. Lot 4 and 5, Block 206, Golden Gate Unit 6, as recorded in PIct Book 5, P(3ges 124 through 154 of the Public Records of Collier County, F-Ioddo. the 6 foot Or(3;r, oge ond Utility Easement lying on either side of the common llne of said Iot_q, not including the noctheostedy and southwesterly 6.00 feet thereof. Lot 5 (3nd 6, Block 206, Golden G<3te Unit 6, os recorded in Plot [~;x:)k 5, Poges 124 through 154 of the Public Records of Collier County, Rorida. the 6 foot Drainage and Utility Easement lying on either aide of the common llne of said lots, not including the northeaster'o, and southwesterly 6.00 feet thereof. CANAL 2: FEB 2 ~ l~g8 SIX FOOT UTILITY AND DRAINAGE EASEM£NT KNOW ALL MEN BY THESE PRESENTS ~het Avlta~ P~operbes Inc., e Florida COrporation. whose address ~s 255 Alhambra C~cle. Co,al Gables. Florida 33134. IG~antor) ,n cons~Oerat~on of the sum of Ten I$10.00J Dollars and other valuable cons~derahons, receipt of which ~s hereby acknowledged, does hereby grant I0 Colher County. and ~ts successors and assigns (Granteel. w~ose address ~s 3301 Tam,am, Trad East. Naples. Flor*da 33942. an easement for a right-of-way for lhe drainage and pubhc ulllitle$ ~n. over, under, upon ~nd across the following described land ol ~he Grantor. s~tueted in the Counly ol Colher end Slale of Flor,da end more parbculerly described See Exh~b~l 'A' aHache~ herald and by reference ~ade a parl hereof encompassing one page whtch describes the easements and Ihowt ~he legal descr~pt,on pertaining thereto. TOGETHER w~th the pr,vilege to reconstruct, ~nspecl. alter. ~mprove o~ ~elocate the aforesaid on or under the right-of.way above described, with all privileges necessary or convement for the enloymen: or use thereof for the ebove-menteoned purpose. The Grantee shall have the r~ght tO clear the land end keep ~t cleared of all frees, undergrowth or other obs~ruCt~0nS w~[h~ the easement area and to tr*m and c~1 and keep tr~mmed and cut all dead. weak. leaning or dangerous 1~ees or hmbs outside of the easement area which *n~e~fere w~h the above-menDoned purpose. RESERVING to Granlot the r~ghl and pr~wlege to use lhe land coterminous w~th the easemenl herein granted ~O~ al~ purposes not ~nCOnS~stent w~lh Grantee's reasonable use. occuDal~on or enjoynl~nt thereof. Or excePl as may cause a hazardous COndlllorl Grantor furlher reserves the r~Jlt ~ ~tS sole judgment to ~151aH &n~ ~ran~ easement,s transversely ,~. over. under. upon and across the lands ~escr~bed he~e~n, for Ina ~ns:ailabon of utd~t,es which shall include, but not be .tm,:ea to ~.a:e~ anC sea'.er hr, es say. age Id~ s:at~ons. ~a~nage caners. ~echarge bas,ns. telephone hnes. and CATV cadres, so long es SuCh u:,l::~es do not ,nlecfere w~th ~he ~ghts g~anted Io the Gramtee here~q IN V,'ITr4ESS V,'HEREOF. Ihe G¢an~o, has e~ecuted ~h,s Agreement H~,S 29th day of December. 1997. -W~~~~~ AVATAR PROPERTIES IN~ Charles L. McN~,ry STATE OF FLOR[DA I ) SS: COUNTY OF bADE ) t HEREBY CERTIFY. tna~ om ~h,s 29th day o~ Oece~ber. 1997, before ~e ~ersonally appeared ~haHes L. ~cNa,r~. Execut,ve V~ce President ol Avatar Pro~eH~es inc.. a under Ibc laws of the State of Florida to ~e kmowm to be the ~ersoas who s~qned the fo~ego,ng and deed as SuCh off,cars for the uses and Pu,poses lhere~n ~enlloned and that Ihev athxed thereto the Off,c~a~ seal of sa,~ co~o~at~on, a~d lha~ ~he Sa~d ,ns['u~en~ ~s t~e act and deed of sa,d COrDOtabOm. V,'ITNESS m~' hand and off,c,a~ seal at Coral Gables ,n the County of Dada and State of Florida. the day and yea' I&st aforesa~0 .. SIX FOOT DRAINAGE Ax,q) UTILITY EASEMENT DEDICATION TO COLLIER COUNTY EXHIBIT A THAT VAC. AT~D PM~T Of' pAJITTCI,~AI~Y ~C~](~ AS ~'C]I~OVS' FEB 2 ~ 1998 III I ~3~D . j TE~ACE S~ / FEB 2 ~ lsg'rl EXHIBIT A SIX FOOT DIL-~INAGE AND L'TILITY EASEMENTS PROPOSED FOR VACATION COU~C; ~ L~ comm~ property co~r o4 LoL~ ¢ a~ 5, ~ 207. ~en ~e Un;t 6, ~t ~k 5, Po6e= 124 ~gh 134 of ~e P~ ~ ~ S ~54'3g' [ o di~o~ ~ 36.~ feet to ~ ~e S ~5~'59' E · ditto~ ~ 99.~ Lh er~c~ Lhen.ca the.r~ce Lher~ce LhenCe thence thenc~ ~her~e ~ O ¢~. b3 t?4 Lef[ w11~, ~ r;~;u~ of ~.~ Feet. a ~te of 1~'~', ~d ~ N 51'~'21' E 1~.~ fee~ o d~once of 157.~ f~ ~ o cu~e to ~ R;ght ~;~ e mdius of 25.~ f~L o ~o of 90'~'~', ~ ~ N ~'2~' E ~.~ I~L a d;~once of 59.27 ~n S ~9'*E e ~ ~ 6.~ f~ o1~ o ~e to ~ ~ft e;~ e r~;us of 19.~ feel o d~ta of 9~'~'. ~d ~odng ~ ~05'21' W 2687 feet. a d;stonce of 29.85 feet; ~n S ~54'3~' [ o d;stonce of 80.~ feet; olo~ a cu~e to ~e R;ght .;~ o rod;us of 56.~ f~eL o delto of 1~42'18', c~d :e~g S 5~55'~' [ 1239 feet, a al;stance of 12.42 fee[; ~ N 6~56'~1' E ~ d;at~nce of 12085 feet; ~n S ~54'5g' [ o distonce of 12.68 feet; ~n 5 6g'56'41' W o al;atonce of 124.95 feet; oleg o cu~e to ~e ~gh[ wi~ o rod;us of 56.~ feet, o delto c~rd ~r;ng S 2Z54'59' W 67.12 feel o al;atonce of 71.98 feet; ~n S 24'06'42' [ e d;ltonce of 107.19 fee[; ~n S ~1'05'21' W e d;~once of 12.41 feet; ~n N 24'06'42' W e d;s[o~e of 110.~ feet; ~n N ~54'39' W o ~on~ of 12.~ feet; ~n N 51'~'21' [ e d~on~ of 113.~ feet; ~n N ~'39' W o ~once ~ 78.~ fee~ ~n N 51'05'21' E ~ d;~onc, of 10.~ feet to the PO~ OF BE~NNiNC. 6,411.4,1 equate feet, more or Ices. Lot 4 ocli 5. E~oc.k 206, C<~Ide~ C~t¢ Un;t 6. os re~rded in ~ot ~k 5, ~* 6 f~t ~oino~e ~d ~'5~ Eo~ement ~ng ~ ~ ~;de of ~e Ene of ao~ ~. not I~.~;~ ~,e ~hecste~y ond =~ee~e~ 6.~.feet ~ereof. Lot 5 or, d 6, Brock 20~, Go'de~ C,4'ta Un~ S, es ~ ~ ~ ~ 5, ~no or ~ ~, not ~ng ~ no~,eo~.~ a~ m~we~e~ 6.~ feet ~oroof. EXHIBIT A SIX FOOT DRAINAGE AND UTILITY EASEMENT PROPOSED FOR DEDICATION TO COLLIER COUNTY ~e ~ N ~4'3l' I · (~e~e el I.~ ffl[~ h ~ 0g K~. CeM~ 7M~ ~ toM. EXHIBIT B EXCEPTIONS Unit 6of Golden Gate is subject to the following exceptions: 1. Ail marten includes Dr-dnage at~J Utility Easements ~s shown on thc Plat recorded ~n Plat Book $, Pages 124-134 of the Public Records &CoLlier County, Florida. 2. Deed of Restrictions as recorded November 14, 1963, in Official Records Book 154, Page 554, of the Public Records of Collier County, Florida 3. Atr0er, d~ ~ of R~sz'ictiora as reo:,rded J~t.:a. ty 30, 1964, hi O~cial Records Book 160, Page 503, of the F~bl.ic Records of Collier County, Florida. 4. Amen~t to ~ of R~.fictioru as recorded Febnm3, 27, 1964, in OflScial Records Book 163, Page 88, oflh¢ Public Records of Collier County, Florida. 5 Amendment to Deed ofRestrictio~ a.s recorded J~uaty 25, 1965, Ln Official Records Book 182, Page 762, of'the Public Records o£ Collier County 6 Deed of'Restric'tions a.s recorded Ja. nua. ry 13, 1970, ~ Official Records Book 338, Page 685, of' lhe Public Records of'Collier County, Florida 7 Amendment to Deed &Restrictions as recorded July 13, 1982, Ln OflScial Records Book 979, Page 1512, of'the PubCk Records of'Collier County, Florida 8. Amendment Io De~ of Resl6ctions as recorded December 22, 1983, ~ Official Records Book 1057, Page 1116, of'th~ Public Records o£Collier County, Florida. 9. AmeMment to De~ of Re:su'ic~io~ as recorded M.a. rch 20, 1984, i,n Official Records Book 1072, Page 392, o/'the PubLic Records of'Collier County, Florida. 10. An'~ndm~t to Dczd o£F.~-.--,n, rictions ~ recorded September 26, 1984, i.n O/~cial Records Book 1102, Page 830, o~'tbe ~blic Records o£CoHier County, Florida. I !. Resolution recorded Febr'uao, 3, 1996, in O~ciaJ Records Book 646, Page 1838, of the PubLic Records of CoLlier County, Florida. 12. R¢~olution recorded November 16, 1992 in O~cial Records Book 1770, Page 2333, of'the Public Records of' Collier County, Florida. 13. Resolulion recorded November 16, 1993 in Official Records Book 1884, Page 1592, &the Public Records of'Co'er County, Florida. [ ~0. /,~/¢)(,~ ! EXHIBIT B EXCEl:ri'IONS (Con'i) 14. Resolution recorded November 22, 1994 in Official Records Book 2004, Page 1797, &the Public Records of'Collier County, 15. Ordinance No. 75-20 recorded May 19, 19975 O~¢ial Records Book 619, Page 1177 ofthe Public Records of Collier County, Florida. 16. Ordinance No 75-21 recorded May 19, 1975 in Of~ciaJ Records Book 619, Page 1182 ofthe Public Records of Collier County, Flori~. 17. Ordinance No 75.24 recorded May 19, 1975 in OfFicial Records Book 619, Page ! 191 &the Public Records &Collier County, Flor'ich. 18. Resolution recorded May 16, 1976 in Official Records Book 649, Page 1239, &the Public Records &Collier County, Flor/da TION T VACAT AN NT ' · Publ.ic Street Dedicated Easement Hatntenance ... Alleyway ":~ Uttltty ' Other (explain) , _ Subdivision Hat .____Drain~ge · · Date Recelved:_~_~-p, ?/_~/ /~c?~, - Petition Petitioner.* ~L~or- D_. r" ~ -- - ... '~ ~ rr~ p~_~ i J.n~. Address:___~ -r-~.' -~ / ' Ctty/$ta ~ , Zip Code:_ ~dress of Subject ProperCy:~~ Location: ~~ Township ~9~ ~ Page(s): y~M_ /jif Reason for Reques~:_~).,~y ~~¢ ~e~ ~ [urrent Zoning:_ ~ Does thi~ affect density? l'Hereby Authorize Agent Above to Represent He for this Petition: .~%'~"' ~ ~4~[~]tt~er ..... 9/15/97 Please see 'Policy and Procedures of Vacation and Annulment' for the list of" ~upportive ~aterlal~ ~htch must accomp~n~ this'petition, and deliver or ~ail to: Transportation Services Division Collier Count~ ~overnment Complex Bldg. Haoles, FL Telephone: (8~]) · (]) if appl~canL ~s ~ l~n~ trust, so ~nd~cate an~ n~me (2) if ~pplJc~n~ ~s corpor~tfon other tb~n a ~ublic corporation, so ~ndJc~te an~ n~e officers ~d ~ajor s~oc~holders. ~3) IF ~pl~can~ ~s a Partnership, limited ~artnersh~p or other business entity, so ~ndicate and n~me principals. (q) If aPplic~nt ts ~n ovner, indicate exactl~ as recorded, and l~st all other ovners, If ~n~. (5) If applicant is a. lessee, attach a copy of lease and indicate actual owners if not indicated on the lease. ' RO'q:OlO?g2:151 December 29. 1997 Collier County Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 33942 Re: Title Opi~on - Easements at Founder's Plaza, Collier Count.,,', Florida Gentlemen: THIS IS TO CERTIFY' that as of December 23, 1997, according to the Public Records in the Office of the Clerk of the Circuit Court of Collier County, Florida, AVATAR PROPERTIES INC.. is the record fee simple owner of the property described in the attached Exhibit A. all property lying and heine in Collier County,' State of Florida. subject to the exceptions described in attached Exhibit IN WITNESS WHEREOF. I. DENNIS J. GETMAN. an artorne,' licensed in the State of Florida,. have caused this certification to be signed this 29th da,,' ~f December. 1997. Dennis J. Getma(rl/ STATE OF FLORIDA) COUNTY' OF DADE .~ I HEREBY CERTIFY that on this da3', before me. an officer duly authorized iht he State and Count,,, aforesaid to take acknowledements, personally appeared DENNIS J. GETMAN, personally known to me. WITNESS my hand and official seal in the Counn, and State last aforesaid on December 29, 1997. ' ,, '-~ f~ ~rc°~~s~ NOTARY PUBLIC ~LARGE P.O. Box 023000. Miami. Florida 33102-3000 - (305) 442-7000 FAX (305) 448-992~ 205 CH~ 204 S ~FO N ~'"SCHOOL 3 20~ 61 3O ,@ ~2 K. /~/c) O) FEB 2 ~ 1998 BUTLER engineering, October 8, 1997 inc. Mr. ,lokn Boldt, P.F.. Colli~ County Storm Water Management 3103 Tamiami Trail £, Bldg. "Ir' Naples, FL 33962 Re: AVATAR Section 28, Township 49S, l~nge 26E RECEIVED O£T I 3 1997 Butler Engineering, /nc. Dear Mr. Boldt: Attached please find two (2) sketches with legal descriptions from the surveyor. One shows three (3) easements to be vacated and the other shows one (1) easement to be recorded. There are no existing facilities within the easements to be vacated. This information should allow your office to generate the required "Letter of No Objection" for the utility easement vacations. Please review the attached materials and forward the requested letter to our office at your earliest convenience. If you have any questions, or need any further irfformation, please do not hesitate to call. Sincerely, ~_~_ ER~RING, INC. 215-02. O0 2223 TRADE CENTER WAY- NAPLES, FLORIDA 34109- 941-566-3636 I FAX 941-566.13t7 FEB 2 ~, 1998 I ,~. ~/ 1' L~.)KIDA UITIES WATER COMPANY October 3, 1997 Michael $. Landy, P.E. Butler Engineed~, Inc. 2223 Trade Ceat~. Way N~, ~ ~1~ RE: VACATION OF UTILITY EASEMIi2¢~ BETWEEN LOTS I THROUGH 4, BLOCK 207 AS RECORDED IN PLAT BOOK 5, PAGES 124 THROUGH 134 OF THE PUBLIC RECORDs OF COLLI'I~R COUNTY, FLORIDA AND LOTS 4 AND 5, BLOCK 207, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLW. R COUNTY Dear Mr. Landy: Florida Cities Water Company has no objection to the vacation of this easement, provided that any and ail existing water and sewer utilities are relocated by and at the expense of to the property owner(s) to Florida Cities Water Company specifications prior to construction on the described easement that you propose to vacate. Please confirm the presence of existing facilities and their relocation requirements with this office prior to any construction. Sincerely, FLORIDA C~ WATF~ COMPANY Regional F. ngineer GDK/ks File:ggvacb207 FLORIDA CITIES SVATER COMPANY 7401 COLLEGE PARA'~A )' FORI'.4,I)'ERS, FLOR/DA 33¢07-5595 (941) 956-0247 FAX: (~41) 936.0549 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT October 9, 1997 Michael J. Landy, P.E. Butler Engineering Inc. 2223 Trade Center Way Naples, Florida 34109 KE Avatar Section 28, Township 49S, Range 26E Dear Mr. Landy After reviewing your drawings that show the utility easements requested to be vacated, I find no objections I would share thought depending on how this property is developed, it may require some type of new easement for fire protection and/or equipment. Sincerely, Donald R. Peterson Fire Chief FEB 2 ~ 19~8 COLLIER COU~N~k, GOVER~IENT CO.',IM u,',:rTy DEVELOPXcr .... , ......... ~ur.~lr.,'~'l- SERVICES DIV/SION 2800 NORTH HORSESHOE DRI NAPLES, FL 33942 {941) 645-8400 October 22, 1997 A CERTIFIED BLU£ CHIP CO.M M unrip, PLANNING SERVICES DEPARTMZNT ENGINEERING REVIEW SECTION Mike Landy, P.E. Butler Engineering 2223 Trade Center Way Naples, Florida 34109' Drainage Easement and Utility Easement Vacation Request Golden Gate. Unit 6, Block 2136 Dear/Vlz. Landy: TRANSPO" DATE ACTION: I~FO: FILE: ~ X-REF: ~ Engineering Review Sen'ices has reviev,.ed 3'our request relating to a vacation of drainage easements and utilit3. easements in the above referenced unit of Golden Gate En /ne ' Review SeN'ices has no objec:ion to the vacation oft ,-,.,,- ,4.~: .... ' . g enng h,~,. ,-~,~,w,g,e easements and utiliw easements as depicted and described on the enclosed sketches prepared by A. Trigo & Associates./nc.. two sheets both dated September 4. 1997. no revisions. Should you have any questions please contact me at 403-2471. Sehor Engineer SS/Ixl/f:Scal/Vaca:~on of Easement Lcnct ICK.}E [.;nit 6. Bik 206} 10-22.97 cc: Reading File Russ Huller, Transportation Del~rtment I=1=1.. September 18, 1997 Florida Power & Light Company,4105 15th Avenue S. W., Neples, FL 33~J~ ~-'u~16r Er~gineering' ~n¢. Michael J. L&ndy, P.E. Butler Zngineering 2223 Trade Center Wy Naples, Fi 34109 RE: Avatar-Section 28, Township 49S, Range 26E Dear Mr Landy: Florida Power & Light Company has no objection to the vacation of the existing three easements as indicated and accepts the proposed new easement between lots 1 & 4, Blk 207. Please be advised that additional easements may become necessary as this property is developed and will need to be granted at that time in order to provide service to the structure or structures planned for that parcel. If you have any questions, please contact Mark Johnson at (941)353-6060. Sincerely, Construction Service.~ MKJ:lp an FPl G~'oup company I,o. FEB 2 .;. 8'0 - Spriut September 23, 1997 Box 5aples. Florida 34106-2-~" RECEIVED $£P Z 4 1997 Butler Engineering, Inc. Michael J. Landy, P.E. Butler Engineering, Inc. 2223 Trade Center Way Naples, FL 34109 RE: .Petition to Vacate Easement - AVATAR SEC 28, TWP 49S, RNG 26E, Collier County Dear Ms. Landy: In response to your correspondence on Sectember 15, !997, Sprint-Florida, Inc. has no cbjection tc velar Detitio~ to v~cate the above referenced request. ' If we can be of any further assistance pleas° contact me at 941-263-6318. ' - Sincerely, Kenneth R. Jordan Network Engineer I - E&C KRJ:tu cc: Easement File Chron File Grant Pate Co.struction Supen'i. sor TIME WARNER September 18, 1997 RECEIVED Inc. Michael J. Landy, P.E. Butler Engineering. Inc. 2223 Trade Center Way Naples. FL 34109 RE: AVATAR Section 28, Township 49S, Range 26E Dear ,Mr. Land3': In response to ?'our letter dated September 15, 1997. Time Warner Cable (TWC). with franchise authority in Collier Count.,,'. and Florida Cablevision Management Corp., its operating entity, b. ave both reviewed the sketches vou have provided for the above- referenced project. This letter shall serve as our 'l'etter of no objection." Should you require an,,' additional information, please do not hesitate to contact me. Thank you for .,,'our attention in th. is matter. Sincerely. Grant Pate Construction Super.'isor GP:h- 1610 40TN TEn,aCE SVV NAPLES FLOnlDa 34116 TELEPHONE 94 ! '455'2363 Fax 94 I '455-2 187 FEB 2 4 1SS8 COLLIER COUNTY GOVERX',XIEX'T COM,ML'XI,~' DE\'ELOP.~I£XT S£RVICES DI\ PLANNING SERVICES SECTION October 09, 1997 Michael J. Landy, P.E. Buffer Engineering, Inc. 2222 Trade Center Wa)' Naples. Florida 34109 RE: AVATAR. Section 28. Township 49 South, Range 26 East Dear Mr. Land',': 2800 NORTH HORSESHOE DRI\I NAPLES. FL 3394'2 ~941) 643-8400 \ CERTIFIED BLUE CHIP COM \IL'X'IT'f This will ac'knowledge 3'our lener of October 8. 1997 regarding the vacation of certain easements on the above noted property. This is to advise tha~ Planning Sen'ices has no objections to the vacation of the easements described in .','our memorandum and sketches. Sincerely. rti k. Principal'Plarmer BM.,'mk,c: planning bo an ,~XECUTIVE SUMMARY PETITION AV 97-021 TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS, TO VACATE PORTIONS OF DRAINAGE EASEMENTS AND TO ACCEPT REPLACEMENT EASEMENTS FOR THE VACATED PORTIONS OF THE DRAINAGE EASEMENTS IN THE QUAIL WEST SUBDIVISION. ~:,~t~[~: To adopt a resolution to vacate portions of special preserve easements, to vacate portions of drainage easements and to accept replacement easements for the vacated portions of the drainage easements in the Quail West subdivision. CONSIDERATIONS: Petition AV 97-021 has been received by' the Transportation Department from Terry Cole, P.E., of Hole- Montes & Associates, Inc., as agent for the owners, requesting that portions of various Special Preserve Easements and portions of various Drainage Easements be vacated within the Quail West Subdivision as shown on the plats of "Quail West Unit One, Replat" (Plat Book 21, Pages 84 ~hrough 106), "Quail West Unit One. Replat Block A" (Plat Book 27, Pages 10 through 12) and "Quail West Unit One, Replat Blocks E and F First Addition" (Plat Book 22, Pages 34 and 35) and to accept replacement Drainage Easements. Drainage improvements have been constructed within the proposed replacement drainage easement areas and no drainage improvements are located within the areas of the drainage easements to be vacated. Mr. Cole has requested that file Board approve and execute the attached vacations of Drainage Easements for Lots 2.6 and 10. Block A. "Quail \Vest Unit One, Replat Block A". The Petitioners are requesting these vacations to increase the buildable area within the lots. Copies of the Warran~ Deeds and lhe Tax Receipts are available for inspection in the Transportation Department. Letters of no objection have been received from all pertinent utility providers and user agencies. The Transportation Department has reviewed the Petition and has no objection. Zoning is P.U.D. FISCAL IMPACT: Collier County has collected a $3.000 "Petition to \:acate" fee from the petitioners due to three separate plats being involved. Road and Bridge Fund (101-163610). This fee covers advertising. recording and other processing costs. _G. RO~CfH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of Count,, Commissioners: 1) Approve the Resolution for Petition AX.. 9,'7-021 for the xacation of the above described easements ~,nd approve and accept the replacemen~ easement~,. 2) Authorize the execution of the Resolution b> its Chairma;~ and direct the Clerk to record a certified cop)' of the Resolution in the Public Records. 3) Request the Clerk of Court to make appropriate marginal no,es on the recorded plats. 4) Approve Vacations of Drainage Easements and auflwrize the Chairman to execute the same. 5) Authorize recording of Drain;~e Easements and Subordinations in the Public Records. PREPARED BY: _/::~, ,'- ,.~' Rick A~riitiz ,.Land Su~'e~or- David F. Bobanick. Transportation Dlrec~or ~VIEWED BY:~~~ Ed llschner. Public ~Vorks Administrator DATE:_/~ DATE: /~/' ,~_,,~ DATE:/ .EB/2 1998 RESOI.UTION NO. 3 IO II Iff l0 2~ 2~ 2') 3" 33 3~ .12 RESOLUTION FOR PETITION AX' 97.021 TO VACATE PORTIONS OF SPECIAl. PRESERVE EASEM'ENTS V,'ITItlN 1.OTS 10.20.21,23.48. ~0. I.OT I. BLOCK D AN[) LOT 3. BLOCK D. "QUAIL WESI' UNIT ONE. REPLAT" (PLAT BOOK 21, PAGES 84 THROUGH 106). AND LOTS 19,BLOCK F AND 21. BLOCK F. "QUAIL WEST UNIT ON[.' . REPLAT BLOCKS E AND F FIRST ADDITION" fPI.AT BOOK 22. PAGEt. 34 AND3$) AND 'FO VACATE PORTIONS OF DILAINAGE £ASEMENTS I.,,' LOTS 2. 6 AND Iff. "QIJAIL WEST UNIT ONE, REPLAT BLOCK A" (PLAT BOOK 27. PAGES IO TIIROUGII 12} AND TO ACCEPT REPI.ACEMENT DRAINAGE EASEMENTS WHEREAS, pursuam lo section 177.101. Florida SIamles. Tern' Cole. P.E.. of Hole -.Mon~es & Associates, Inc . as agent for the pelmoners, dots hereby request d~e vacation of portions oF various special preserve easements and portions of v~rious drainage ¢~sements ~ilhin the Quail g,'esl Subdi'.isicm as shown on fl~e plats of"Quail \Vest Unit Ont. RcplaF' IPlal B¢ok 21. ['ages 84 Tl~rouk:h It~6k "Quail \\'est Unit One. Replat Block A" (Plal B,ok 27. Pages I0 Thr,~ugt~ 121 And "Quail \\'est t'm~ tine . Replal Blocks E And F Firsl Addition" fPlal II, rink 22. Pages 34 .-",nd 35~ and m acccpl replacement draina? easemenls: and WitEREAS. d~e Board ha~ fl~is da\ held a puhhc hearing IQ consider vacaling said casements as more full,, described hclm~, and n,,ice .i sa~d public hearing lo vacate was given a~ rcqturcd hx la~: and V~'tlEREAS. Ibc ffran:~n,=, ¢£the ~acal~an ~il[ not ad~erseh aflrcct the ownership or right Nci\v. TIII!RFF(~RE. I1[ 11' RF';C~I.\'ED BY TIlE B(k.\RD OF COI,.~TY ('F)\IMISSI()NERS (1}' C()I.LII:R ('r)l~] y. FLORIDA. thal ll~e l~,llo~m~, bc and is hereby x ac,a~cd S¢¢ Exhfl~ "A" :,l~a~l~ed herein and men,orated herein BE IT FURTIIER RESOLVED BY THE BOARD OF COL~TY COMMISSiONERS OF COLLIER COL~TY. FI.ORIDA. flint ~he drainage easemems, more panicularh' described in Exhibh "B" at~ached here~o and inco~ora~ed herein, are hereby accepted lie IT F[/RTHER RE~(~ VED. Ih.~ 1l~¢ Clerk ~ hereby directed m ten,rd a certified cc, p> of ti~s Rcsnhm,n :n mc l',~hc Rcc-rds nf Coil,er ('nunlv. Florida and m make pro~r This rest, brunn adc','-);cd afl.'r mo;ion, second and tnalor~;': s. ote £avormg same. I).VFED: ~ :',,TTES I ,4.4 I)\L'lGllT E C()I.LIER COt:X,'~r V. F!.ORID..\ F~^RBARA Is. BERRY, Chairman FEB 2 1BBS ,¢1~/ q7-DZI FEB 2~1998 J !! z ,< FEB 2 ~, ls~ FEB 2 4 1998 FEB 2 4 1998 i! .. ~.___/~ ill'J[ FEB 2619~8J / P~. II J FEB 2 4 I~ FEB 2 4 1998 ~. /3 ~ ~ JJ i 1998 Bo~d of Collie' Count~ Comm;~nonc~ 4501 Tn.m.in.t~ Troll North SuJt~ 300 Naples, Flori~ 34103 DRAINAGE EASEMENT (Block A, Lot 2) THIS EASEMENT, granted this :~,::J day of ~.'d-.'~'~)z~: , 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, and MA3LK WILSON and GF~MliA WILSON, husband and wife, collectively as GR3tNTOR, to the BOldtD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GP~-NTEE. W I T N E S S E T H: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLT3LRS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE A3~D TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GP~;TOR and GRA/NTEE are used for singular or plural, as the context requires. FEB 2 1998 ~. lA IN WITNESS WHEREOF, the GRANTOR has caused these presents to t be executed the day and year first.above written. Signed, sealed and delivered in our presence: Witness Pr~)nt Na~ Below: · .~ ~ L Witness~l P~nt Name Below: P~ ?lame ~ow: (Corporate Seal) LONDON BAY CONSTRUCTION, INC. , a Florida corporation, Mark~D.~on~, as President Mark 19. WilSOn, fHdividuall~''~- Gemma Wilson, individually STATE OF FLORIDA COI/NTY OF COLI. iER Th~. foregoing ins .... =- ... _.&m_,,t was sworn to an! subscribed before me this '-'Q/..)rr_k day of ~,:'.,"~]Z~,.-o-(: L , 1997, by Mark D. Wilson, as President of LON~DON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Co~..mission Expires: l--,~i~ ImmlO ~, ITl'il. FEB 2 1998 ~._Z/7 -2- STATE OF FLORIDA COUNTY OF COLLIER T~hq foregoing instrument was sworn to and subscribed before me this .L~day of ~.~'.'~0~_ , 1~.97, by Mark Wilson and Ger~T,a Wilson,' husband and wife, who are personally known to me. NOT~Y PU~IC (S~) My Co~ission Expires: (Pr~t_n~e be~w), -3- FEB 2 % 1998 ~;. /~' C~'nmlssio~crs Lm J, Salv~rori, E~q. Quatlc~ & Brady 4 ~ I T~miarr6 Trail Nc, nh $,.de 300 Naples, Florida 34103 DR~AINAOE EASEMENT (Block A, Lot 6) THIS EASEMENT, granted this'9~n_~ day of ~..,~'...IL~-.~.i?_.. , 1997, between LOI{DON BAY CONSTRUCTION, a Florida corporation, as GP~-NTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GPJW~TEE. W I TN E S S E TH: That the GRJtKTOR, for and in consideration of the sum of TEN ($10.00) DOL!3uRS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage f~cilities, on the following described lands being located in Co!liar County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO .HAVE ~,ID TO HOLD the same unto said GRA/~TEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRTU~TEE are used for singular or plural, as the context requires. FEB 2 4 1998 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Wftness Pr~[nt Name Below: H.C,"r'~.L¥_.I'~'/" By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida/c~orporgtion, M~k' ~.~Wi-l~'on, as President~ STATE OF FLORIDA COUNTY OF COLLIER ?he foregoing instr"-ment was sw3rn to and subscribed before me This '~,~.rr~ day of ~,/ ~, .~_12 , 1997, by Mark D. Wilson, as President cf ~ON ~Y CONS~CTION, INC., a Florida corporation, who is personally known 50 me. NOTARY P.~BL i C ( SLn~ ) My Cor~mission -xpires: ,~_n. name ._.o ) -2- ~7 FEB 2 ~ 1998 ~o. g~ , Board of CoLLier Count), Commissioners I~o J. Sal~tori, Esq. Quules & Brady 4501 Tamiami Trail North Su~u: 300 Naples, Florida 34103 D~RAINAGE EASEMENT (Block A, Lot 10) 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, as GRA2~TOR, to the BOARD O~ COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GPJ~NTEE. W I T N E S S E T H: That the GRltNTOR, for and in consideration of the sum of TEN ($10.00) DOTJ3%RS and other good and valuable consideration paid by the GPJ~NTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GR3~NTEE, its successors and assigns, a perpetual, non-exclusive easement, licensa, and privilege to enter upon and to install and maintain storuwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRA/~TEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GP~ANTOR and GRANTEE are used for singular or plural, as the context requires. FEB 2 1 98 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witnes~J1 Print Name ~elow: By: {Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florid~bgrpo~ation, M~k DTWilsoh~ as President · A.:~ OF FLORIDA COU]qTY OF COLLIER The fcregoin~ instr'&r, en: '.:as sworn to and subscribed before me this 9.'~,~day of ~4.~;'~ . , 1997, by Mark D. Wilson, as President cf ~ON ~Y CONSTRUCTION, INC., a Florida corporation, who is personally My Co.~,ission Expires' NOTA3.Y PUB_L;! C ( SEAL ) ..--~ name _ow) -2- FEB 2 11998 FEi) 2 q 1998I PG. -,~$ J L~ J. Salva~ti, Esquire 4501 T~,n~tn~ T~il No~ S~ 3~ Napl~, ~ 34103 VACATION OF DRAINAGE EASEM~ (Block A, Lot 2) This Vacation of Drainage Easement is made and entered into this day of , 1997, by and between QUAIL WEST, LTD., a Florida ~imited partnership (hereinafter referred to as "Developer"); LONDON BAY CONSTRUCTION, INC., a Florida corporation (hereinafter referred to as 'Owner'); QUAIL WZST FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Foundation"); and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVER/~ING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). W I TNE S SETH: WHEREAS, Developer is the developer of that certain s~bdivision known as Quail West Unit One, Replat Block A, according to the plat thereof recorded in Plat Book 27, Pages 10 through 12, inclusive, of the Public Records of Collier County, Florida. WHEREAS, Developer dedicated a Drainage Easement over and across the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (the "Premises"), which Premises are now owned by Owner. WHEREAS, Developer and Owner desire to vacate said Drainage Easement. ~EREAS, both Foundation and County have agreed to join in the execution of this Vacation of Drainage Easement, releasing any and all rights they may have in and to said Drainage Easement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The above-captioned recitals are true and correct. The undersigned do hereby release the Drainage Easement now encumbering the described in the plat for Quail West Unit One, Premises from the same as further Replai m~'~k a FEB 2 4 1998 It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the partie.~ hereto have set their hands and seals the date and year first wxitten above. Signed, sealed and delivered in our presence: QUAIL NEST, LTD., a Florida limited partnership, Witnes~ #1 ~ Print Name/Address Below: 6289 ~urnham Road Naples, Florida 341'9 By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent ' Vice President --SANDRA ~ESSE, 6289 Bu~rnham Road Naples, Florida 34119 Print Name/Address Below: 89 Burnham Road Naples, Florida 341~9 (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida corporation, Witnes~ #1 Print Name/Address Below: Witness #2 Print Name/Address Below: By: Mark D. London, as President FEB 2 1998 QBNAP\ 13 ] 8Cf. 0l -2 - It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. In all other respects, any and all other easements which may be encn~m~ering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the partie~ hereto have set their hands and seals the date and year first wr!tten above. Signed, sealed and delivered in our presence: QUAIL NEST, LTD., a Florida limited partnership, By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent ~i%hess #1 Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 Witness ~2 Print Name/Address Below: 6289 Bu~' ~..nam Naples, Florida 34119 By: S~{DRA HESSE, Vice President 6289 Burnham Road Naples, Flcrida 34119 Print Name/Address Below: <,~'":~ Ill ~ A(~.r..~,..; 6.,.',Y~,~"~ By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida ~orpo~tion, MWr~ D. wflson, as President Witness #2'\ Print Name/Address Below: -2- FEB 2 1998 ~. ~ _ Witness%#1 u Print Name/Address Below: 6289 B%}rnham Road Naples, Florida 34119 Witness #2 Print Name/Address Below: ~289 Burnham Road / Naples, Florida 34119 (Corporate Seal) QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation e ~-ANbR~/~ESSE, as Preside 6289 /~urnham Road Naples, Florida 34119 ~ OF COUNTY CC~4MISSIONERS, COLLIER COLrNTY, FLORIDA By: Chairman Attest: DWIGHT D. BROCK, Clerk cf Cc,arts By: Approved as to fort. and legal sufficiency: By: I Assistant Coun2y A~orney -3- FEB 2 % 1998 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~% day of ~i~(~/- , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QLIA/L ~ST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: NgTARY ~P U BL'fC (Print ~name below) ...... ,- Notary Public Serial # (if any) (SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 1997 by Mark D. London, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) (SEAL) Notary Public Serial # (if any) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QtlA/L WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: NOTARY PUBLIC (Print name below) (SEAL) Notary Public Serial # (if any) STATE OF FLORIDA COUNTY OF COLLIER The ~oreg.oing. instrument was acknowledged before me this (~,',~ day of ~/J~ ~'-| , 1997 by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, personally known to me. My Commission Expires: INC., a Florida corporation, who is NOTARY PUBLIC (SEAL) (Pr~ name b_elow) Notary Public Serial # (if any) -4- FEB 2 % 19B8 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of ~[~ , 1997, by SANDP~A HESSE, as President of QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation, who is personally known to me. ~=Y ~UBL (SEAL) My Commission Expires: (Print name below) ~c{ary Public Serial # (if any) .~.'~ c,, OfFICIAl,.' #~?ARY SEAL 0 ~,Y. BETH J BROWN ~' ~'~'" ", O ~> ':~ .~ ~Y C~l~ EXP. STATE OF FLORIDA The foregoin~.str.,'--~m~ent was acknow, ledged before me this day of ,~?~.9~7, by Timothy Hancock, as Chairman of BOARD OF COUNTY CO~IS$~RS; .COLLIER COUNTY, FLORIDA, who is personally known to me '"'" NOTARY PUBLI C~ (SEAL) gy Ccrrar, issicn s: (Pr±hr /~ Notary ?ub~ic · Serial # (if any) -5- FEB 2 1998 T yACATION OF DRAINAGE EASEMENT (Block A, Lot 6) This Vacation of Drainage Easement is made and entered into this day of , 1997, by and between QUAIL WEST, LTD., a Florida limited partnership (hereinafter referred to as "Developer"); QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Foundation"); and THE DOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GUVFJ~NING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). W I T N E S S E TH: WHEREAS, Developer is the developer of that certain subdivision known as Quail West Unit One, Replat Block A, according to the plat thereof recorded in Plat Book 27, Pages 10 through 12, inclusive, of the Public Records of Collier County, Florida. WHEREAS, Developer dedicated a Drainage Easement over and across the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (the "Premises"). WHEREAS, Developer desires to vacate said Drainage Easement. WHEREAS, both Foundation and County have agreed to join in the execution of this Vacation of Drainage Easement, releasing any and all rights they may h~ve in and to said Drainage Easement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The above-captioned recitals are true and correct. The undersigned do hereby release the Premises from the Drainage Easement now encumbering the same as further described in the plat for Quail West Unit One, Replat Block A. QBNAP\ 131837 . 01 It is the intention of the undersigned that this document serve only to release the Premises from its dedication as a Drainage Easement, and for no other purpose. · FEB 2 4 1998 ~._ In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. Signed, sealed and delivered in our presence: QUAIL NEB~, LTD., a Florida limited partnership, By: witness ~1 ~ Print Name/Address Below: f. 289 Burnham Road Naples, Florida 34119 (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent ~ ~D~ HESSE, Vice President 6289 Bur~am Road Naples, Florida 34119 Witness #2 ~' C- Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 Print Name/Address Belo~ 6299 Burnham Road Naples, Florida 34119 Print Name/Address Below: 6289 Burnham Road / Naples, Florida 34119 QBNAP\131837.01 -2- (Corporate Seal) QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation SANDRA.'HESSE, as President ------ 6289. Burnham Road Naples, Florida 34119 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Chairman Attest: DWIGHT D. BROCK, Clerk of Courts By: Approved as to form and legal sufficiency: By: ';~ :~ ' I : ~. ' Assistant County Attorney"- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of ~_~~;- , 1997, by SA2~DRA HESSE, as Vice President of RsH-oF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. ~(FI~ARy ~P UBL~I C My Commission Expires: (Print name below) Notary Public Serial # (if any) (SEAL) QBNAP\131837.01 -3- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this $-~ day of O~b~.- , 1997, by SANDRA HESSE, as President of QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation, who is personally known to me. My Commission Expires: (Print name below) Notary Public Serial # (if any) (SEAL) .STATE OF FLORIDA '~rNTY OF COLLIER ~T ~foregoing instrument was acknowledged before me this day~. , 1997,-'by Timothy Hancock, as Chairman of BOARD OF CQIINT. Y COMMISSIONERS, COLLIER COUNTY, FLORIDA, who is personally kno~o me. /~ /// ~.~ ~~NOTARY PUBLIC (SEAL) My Commission'Expires: ~?rint name below) Notary ~ublic Serial # ('t~y) QBNAP\131837. O1 -4- FEB 2 4 1998 PG. J~ JJAJ' ~ ~ l ~.~ FEB 2 ~ 1998 ~ J. Stt,~ltOri, F.,squU-c Ox~rte~ & Bra, dy 4501 TMmami Tr~J North Suite VACATION OF DRAINAGE EASEMENT (Block A, Lot 10) This Vacation of Drainage Easement is made and entered into this day of , 1997, by and between QUAIL NEST, LTD., a Florida limited partnership (hereinafter referred to as "Developer"); QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Foundation"); and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~ THE GOVERNINO BODY OF COLLIER COUNTY (hereinafter referred to as "County" ) . W I TN E B G E TH: WHEREAS, Developer is the developer of that certain subdivision known as Quail West Unit One, Replat Block A, according to the plat thereof recorded in Plat Book 27, Pages 10 through 12, inclusive, of the Public Records of Collier County, Florida. WHEREAS, Developer dedicated a Drainage Easement over and across the premises described on Exhibit "A" attached hereto and incorporated herein by virtue of this reference (the "Premises"). WHEREAS, Developer desires to vacate said Drainage Easement. WHEREAS, both Foundation and County have agreed to join in the execution of this Vacation of Drainage Easement, releasing any and all rights they may nave in and to said Drainage Easement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The above-captioned recitals are true and correct. The undersigned do hereby release the Premises from the Drainage Easement now encumbering the same as further described in the plat for Quail West Unit One, Replat Block A. QBNAP\ 131835 · 01 It is the intention of the undersigned that this document serve only to release the Premises from its dediqation as a Drainage Easement, and for no other purpose. FEB 2 % 1998 In all other respects, any and all other easements which may be encumbering the Premises shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. Signed, sealed and delivered in our presence: QUAIL W~CT, LTD., a Florida limited partnership, WitnesS#1 Print Name/Address Below: 6289 B~rnham Road Naples, Florida 34119 By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized a~ SANDRA/HESSE, Vice President 6289/Burnham Road Naples, Florida 34119 WITness ~2 ~'- Print Name/Address Below: 6289 Burnham Road / Naples, Florida 34119 Withess\ #1 k~ Print Name/Address Below: 6289 Burnham Road Naples, Florida 34119 Witness #2 Print Name/Address Below: 6289 Burnham Road / Naples, Florida 34119 QBNAP\131835.01 (Corporate Seal) QUAIL WEST FOUNDATION, INC., a Florida not-for-profit corporation BY:s~RA//HESSE, as President 6289×~urnham Road Naples, Florida 34119 -2- FEB 2 1998 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Chairman Attest: DWIGHT D. BROCK, Clerk of Courts By: Approved as to form and legal sufficiency: By: Assistant Countf Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _~.day of ~~ , 1997, by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as author-ized agent of QU~L WEST, LTD., a Florida limited partnership, who is personally known to me. NOT~PU~~ (SEAL) My Commission Expires: (Print, name b~low) Notary Public Serial # (if any) QBNAP\131835.01 -3- FEB 2 1998 ,?'/ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of ~/~ , 1997, by SANDRA HESSE, as President of Q------~AIL WEST FOUNDATION, INC., a Florida not-for-profit corporation, who is personally known to me. ~5~}~ '~ ~PUFLI C (SEAL) My Commission Expires: (Print name below) Nota~ Public Serial # (if any) ~STATE OF FLORIDA ~'OUNTY OF COLLIER ~Th~h~oregoin~ tinstrument was acknowledged bef°re me this ~ day ~rf~ ~_~_~_ __, 1997, by Timothy Hancock, as Chairman COLLIER COUNTY, FLORIDA, who is of BOARD OF COH~T~. COMI~ISSIONERS, personally known ~ "~ N~f~RY ~UBLIC (SEAL) My Commission Expires:..-' (Print name below) ' ~C Notar~y Publ 1 Ser i a ~~a nY ) QBNAP\131835. O1 -4- FEB 2. 1998 FEB 2 ~1 1998 ~oazd o£Colli~ Co~t~ Corr~nissic~'s 'l'b_is ~u'um~t prepar~ by: ~les & Brady 4501 Tamiami Trail North Suit~ 300 Naples, Flori~ 34103 BILL OF SAJ~E (Block A, Lot 2) THIS BILL OF SALE evidencing the sale and conveyance of the drainage facilities described herein is made this ~n~ day of ~C.~?..~?~ , 1997, by LONDON BAY CONSTRUCTIO}~, INC., a Florida corporation and MARK WILSON and GEMMA WILSON, husband and wife (hereinafter collectively referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AB TEE GOV]~I~NIN~ BODY OF COLLIER COUNTY, A~D AS EX-OFFICIO THE GOVERNING BOARD OF ~E COLLIER COUA"~Y WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). W I T N E S S E T H: That said Seller, for and in consideration of the sum of TEN ($10.00) DOLTARS and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set-over and delivered, and by these presents does grant, bargain, sell,.transfer, set-over and deliver unto Buyer, and the Buyer's heirs,"successors and assigns forever, all those certain stormwater drainage facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) Q{~NAP\131796 . 01 The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the say a~ainst FEB 2 11 98 the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in our presence: Witness '~FJl Pl'int Name Below: Print Name J "'~ '~''" '~t'~ ,'t~ ~! ~:( .'~ ~'~" ':~'t '~'' w~thess '~ ' ' " P~n2 Name Be~o~: _ _ . , ,' By: (Corporate Seal) I.ONDON BAY CONSTRUCTION, INC., a Fl~orida corporation, Maf~ D~LWils~, ta~-F=es~ent Gemma Wilson,- indiv~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ~dl~ day of ~C-~-~.,\~-'~3___ , 1997, by Mark D. Wilson, as President of LONDON RAY c~;STRUCTiON~ INC., a Florida corporation, who is personally known to me. NOTARY PuB_iL I C (SEAL) ( ~P-~nt ,name b~w~ _..,_ ,'..: ).:,,'.': .~...:.: f¢:~ ~ le?,:l su;~l'.",.;.~-~ ..... -- '"'- "~ .~-:.~"..j;:~. L.,'.,~,:?..)' ,.i;ourrl~ '-- , s- , T I FEB 2 4 1998 P~._ ~ R~irn to: Board of Colh~ County Commissiorm~ This i~trt~t ~ by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tam Trail North Suite 300 Naples, Florida 34103 BILL OF SALE (Block A, Lot 6) THIS BILL OF SALE evidencing the sale and conveyance of the drainage facilities described herein is made this ~ day of , LOm O CO S a CTIO , I C., a Florida C~rp~ration (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, its successors and assigns, (hereinafter referred to as "Buyer"). W I T N E S S ET H: That said Seller, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set-over and delivered, and by these presents does grant, bargain, sell, transfer, set-over and deliver unto Buyer, and the Buyer's heirs, successors and assigns forever, all those certain stormwater drainage facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maint~3nance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) QBNAP\ 131831.2 The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoeve!. Seller and Buyer are used for singular or plural, as the conte~.q~/~~)__ FEB 2 1998 ~...,, ~'7 IN WITNESS WHEREOF, Sellar has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in our presence: Witness #1~ Print Name Below: ~rint Na~~w: By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida o~rporation, Mark D.~o~, as Presiden~ STATE OF ~' ~ ~mO...IDA COUNTY OF COLLIER The foregoing insErument was sworn to and subscribed before me this :Q.)~,~cl day of ~2_.~.~_~ , 1997 by Mark D. Wilson, as President of LONDON BAY CONSTP~CTION, INC., a Florida corporation, who is personally known to me. My Comm~ission Expires: NOTARY P~BLIC (SEAL) (P~iant n'ame below) I li~iliOl_ IT[Il. FEB 2 q 1998 Rcturn to: Board of Collier County Commis~ionen Ti-ds instrument prepared by: Leo J. Salvatori, Esq. Qu~rlt,"s & Brady 4501 Tamiami Trail North Suhc 300 Naples, Florida 34103 BILL OF ~ALE (Block A, Lot 10) THIS BILL OF SALE evidencing the sale and conveyDnce of the drainage facilities described herein is made this ~ day of . ~'~t~:~_ , 1997, by LONDON BAY CONSTRUCTION, INC., a Florida corporation (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS TEE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). W I T N E S SETH: That said Seller, for and in consideration of the sum of TEN ($10.00) DOLT3~RS and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set-over and delivered, and by these presents does grant, bargain, sell, transfer, set-over and deliver unto Buyer, and the Buyer's heirs, successors and assigns forever, all those certain stormwater draingge facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful o%;ner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. QBNA~\ 131~32.2 --1-- FEB 2 1998 IN WITNESS WHEREOF, Seller has caused these presents to be ~ executed the date and year first above written. Signed, sealed and delivered in our presence: Print N~m~ Below: c- ~-~ F- i, -~--- Pr3rnt Name B~e~: By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida c,o~orat, ion, STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this '_~,~_~ day of ~(-.~-~-~- , 1997, by Mark D. Wilson, as President of LO{~DfIN BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. NOTARY PUBIC (SE~)  name ' '' My Co~ission Expires: (P. (, I~(,d~ J~,%A~k . b~w~) _f QONAP\131832.2 -2- FEB 2 % 19, 8 .~.. J-/ 0 O ACw[NOA l T[A. ~. FEB 2 4 1998 R~-un.l to: Board of Collic-r County Cowmlssionc'~s This insm. u:n~nt l:,rer-,a~ by: Leo J. ~1~, Esq. ~1~ & Bn~ 4~1 T~ Tm~ No~ S~ 3~ Napl~, Flod~ 34103 UTILITY FACILITIES SUBORDINATION~ CONSElqT AND JOINDER (Block A, Lot 2) THIS SUBORDINATION, CONSENT AdWD JOINDER given this ?~' day of ~<~L,.~ , 1997, by and between BARNETT BA/qK, N.A., a national banking association, (hereinafter referred to as "Mortgagee"), in favor of the BOA/~/) OF COUNTY COM~4ISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ~uNqD J%S EX-OFFICIO THE C~DVERNING BOARRD OF THE COLLIER coLrNTY WATER- SEWER DISTP~ICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I T NE S S E T H' WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from LONDON BAY CONSTRUCTION, INC., now held by BAJhNETT BANK, N.A., recorded September 17, 1997, in Official Records Book 2347, Page 908, o~ the Public Records of Collier County, Florida. WHERE3tS, County has requested and received from the fee simple owner.of the Encm~bered Property non-exclusive easements for [he installation and maintenance of stormwater drainage facilities over and across a portion >f the encumbered premises legally described in Exhibit "A" attacheJ hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property" WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant= of that certain easement described herein over, under, and ~cr~_~ L Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed theretc, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: (Corporate Seal) BARNETT BANK, N.A., a national banking ass~ciatio~n [ By: Prin~N~me/Ad~ressnd Below: '~'~' '~' Vi~e~President (Print Name/Address Below) T~tn~'ss tl 2 Print Name/Address Below: STATE 'Q.F FLORIDA . COUNTY OF ~C~ The foregoing instrument was ack.n.o~wle~ged~befp~e ~_L~ this /6) day of Vice President of BARNETT BANK, N.A., who is personally known to me. My Commission Expires' I (Print name bel~pw Notary t~ublic Serial # (if any) Page 2 ,, / o L )'1 I L _J AGCIIOA Iii:lB ~, FEB 2 ~ 1998 Board of Collier Count' Commissioner~ This i~su-umem prepar~ by: Loo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suit~ 300 Naples, Florida 34103 UTILITY FACILITIES SUBORDINATION, CONSENT ;%ND JOIND~R (Block A, Lot ~) THIS SUBORDINATION, CONSENT AND JOINDER given this day of ~ju-<t~?~-- , 1997, by and between BARNETT BANK, N.A., a national banking association, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COT,t,IER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF COLLIER COUNTY, AND ;%S EX-OFFICIO THE .GOVERNING BOAP, D OF THE COLLIER COUNTY WATER- SEWI~R DISTtLICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I T N E S S E T H: WHEREA3, Mortgagee is the owner and holder of those certain Mortgages from M3%RK WILSON and GEMMA WILSON, husband and wife, now held by BA/~;ETT BANK, N.A., recorded in Official Records Book 2347, Page 937; and Official Records Book 2347, Page 945, both of the Public Records of Collier County, Florida. WHEREILS, County has requested and received from the fee simple owner of the Encur~ered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises ~egally described in Exhibit "A" attached hereto and incorporated herein by virsue of this reference, which premises are hereinaf5er referred to as the "Easement Property". WHERF2%S, County has requested that Mor5gagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent~to, i~,~k~ and subordinate the lien of its Mortgage to the gr~n~'~{~~] [ FEB 2 i 1998 certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of' Witness Print Name/Address Below: prin~me/~¢dress Below' I MORTGAGEE' (Corporate Seal) BAPdqETT BANK, N.A., a national banking .a ~,o,~c i a t i or~'?'~ / / ,/' · ~'§ '.~,~- - ViCe/President (Print Name/Address Below) C ~.,~,.,(.~ ~ STATE OF FL~QRI.~)A, COUNTY OF .L'O-LL4 ~.~-' The foregoing instrument was a_c. knowledge, d..?efore, me this day of ~/.,z4~-~:-,l'."-~'._ , 1997, by('!./:tl\~ .~ 7.,-/.x:~~1 , as Vice President of BJtRNETT BA/qK, N.A., who is personally known to me. !L '-.:.-......i ~,-,~ ~ ,,,~.~ ~,,~, ~,,,,,,, :; Ny Co~ss~on Expires: <~NAP\ 1332 68 · 1 NOTARY PUBLIC / (5~ia4. u[~, _ I (Print name below) ~0. Notar~ Publi~u ' ~" ~ ~ 199 / Serial ~ (if any) ~.. Page 2 -, ! 8/ FEB 2 ~ 1998 Bo~d of Collier County Cornmi~sioner~ 4501 Tm'niami Trail North Sui,~ 300 Naple~, Florida 34103 UTILITY FACILITIES BUBORDIN~TION~ CONSENT AND JOINDER (Block A, Lot 6) THI~ SUBORDINATION, CONSENT AND JOINDER given this ICily% day of [)~-~'~P~t , 1997, by and between QUAIL WEST, LTD., a Flori'~a limited partnership (hereinafter referred to as "Mortgagee"), in favor of the BOAJ~D OF COUNTY CCk~4ISSIONER~ OF COLLIER COUNTY, PT~ORIDA, AS THE GOVERNING BODY OF COI~LIER COUNTY, A/fiD AS EX-OFFICIO THE GO~RNING B(1ARD OF THE COLLIER COUNTY WATER- SEWER DISTt~ICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I T NE S S E T H: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from LONDON BAY CONSTRUCTION, INC., a Florida corporation now held by QUAIL WEST, LTD., recorded April 7, !997, in Official Records Book 2302, Page 1268, of the Public Records of Collier County, Florida. WHERE/tS, County has requested arid received from the fee simple owner'of the Encumbered Pzoperty non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEF~EA~, County has requested that Mortgagee consent to, join in and s,mbordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the QBNAP\ 1333::' 1.1 g[uant ~ ~u ! [ FEB 2 1998 certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any s%ormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: QUAIL WEST, LTD., a Florida limited partnership By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent Print Name/Address Below: By: '~'. .//' , /' Sandra Hesse, as Vice Presiden% 6289 Burnham Road Naples, EL 34119 WitOess # 2~ -- /'~~ Print Name/~dress Below: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of __~_~77~~ , 1997, by Sandra Hesse, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires- QBNAP\ 133321.1 NOTAR~ PUBL IC~ (Prir{t name b~low) I FEEl 2 1998 I ~' , ,4~ I Page 2 R~t urrt to: Board o¢ Collier County C~)n,.m~.Sio~c r~ UT_ILI. TY FACILITIES SUBORDINATION, CONSENT. AI~D JOINT)ER (Block A, Lot 6) THIS. SUBORDINATION, CONSENT AND JOINDER given this (_~% .. day of _~~ , 1997, by and between ROYAL BA/TK OF C. ANAJDA, a Canadian chartered bank, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLOILIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVETLNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as sinqu!ar or plural, as the context requires. W I T N E S S ET H: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner'of the Encumbered Property non-exclusive easements for the installation and maintenance cf stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. QBNAP\ 131888.01 NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and ~uzuk~~.~ Easement Property and any interest of the County in any~sl~~ [ FEB 2 A 1998 drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgaqe shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first aDove written. Signed, sealed and delivered in the presence of: MORTGAGEE: (Corporate Seal) ROYAL BANK OF C/%NADA, a Canadian chartered bank ltness fl Print Name/Address Below: By: T. W. McCabe, as Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 Witness # 2 Print Name/Address Below: STATE OF NEW YORK COUNTY OF NEW YORK T~t foregoing instrument was acknowledged before me this , day o'f .~",-.--~,.~. , 1997, by T.W. McCabe, as Manager of ROYAL BANK OF CANADA, a Canadian chartered bank, who is personally known to me. My Commission Expires: NOTARY PUBL!~ %J /,Print name ,below) (SEAL) CAPMEN B~UZON Nolary Pubhc, Slate of New York ho 41-4979240 (]uahl,ed .n Queens Counly Corem,ss,on Exmres MarCh 25, QB~;AP\131888.01 Public Serial # (if any) / FEB 2 q 1998 . , .., ~.L ,_~: · Page 2 "/.!,~/'(~"[ '~. l.~'- -If j J r J ,ztz ,z.'z ~z tz I J: ,_.t.I. ~; _-J, Return to: Board ~f Collier County Commissioners Th/a i~trmmmt prel~ed by: Leo J. Salvatori, Esq. Quarl~ & Brady 4501 Tamiami Trail North Suit~ 300 Napl~, Flonda 34103 UTILITY FACILITIES SUBORDINATION, CONSENT A/qT) JOINDER (Block A, Lot 10) THIS SUBORDINATION, CONSENT ~2qD JOINDER given this I~x~. ~ day of ~t,~,~L~")z{., , 1997, by and between QUAIL W-EST, LTD., a Florida limited partnership (hereinafter referred to as "Mortgagee"), in favor of the I~ OF COUNTY COMMISSIONERS OF TOI~LIER COUNTY, F/~ORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ;uND AS EX-OFFICIO THE C~VERNING BOAd~D OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W i T N E S S E T H- WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from LONDON BAY CONSTRUCTION, INC., a Florida ccrporation now held by QUAIL WEST, LTD., recorded April 7, 199'7, in Official Records Book 2302j Page i268, of the Public Records of Collier County, Florida. WHEREAS, County has requested and recezved from the fee simple owner %f the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property" WHEREAS, County has requested that Mortgagee consent to, join in and stzbordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has; agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent~o, Join ~n and subordinate the lien of its Mortgage to the g+n~.~_/_/~) / FEB 2 1998 [ certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: MORTGAGEE: QUAIL WEST, LTD., a Florida limited partnership Print Name/Address Below: By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent / /:',,'- . >- / -. By :' ~/ :;~'( F~--' / ' '" Sandra Hesse, as Vice President 6289 Burnham Road Naples, FL 34119 Print Name/7~ddress Below: I STATE OF FLORIDA COL~TY OF COLLIER The foregoing instrum~ent was acknowledged before me this /~ _~2w day of _~7-n7~.. ~-_~___, 1997, by Sandra Hesse, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUA_IL W~ST, LTD., personally known to me. My Commission Expires- a Florida limited partnership, who is NOTARY PUBLI~'~ - / (sEAL)- (Print name ~6elow) ~ ,z&~.. ,.'--'1 2 ! FEB2 1998l '"2_ I o~ Bo,trd of Collier County Comm~ioncrs This instrumenl p~!~red b L~o J. fatva~ori, Esq. Oua~'t~ & Brady 4S01 T~mi:,mi T~il North Suite ~ Nspl~. FIo6d~ 34103 UTILITY FACILITIES SUBORDINATION, CONSENT A/~D JOINDER (Block A, Lot 10) SUBORDINATION, CONSENT ~D JOINDER given this O~W%'~ day THIS of {'~'~~c,% , 1997, by and between ROYAL BAd~K OF CAROl)A, a Canadian chartered bank, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUN~"Z CO~MI$$IONEI~ OF COI~LIE~ CO~Y, F~RIDA, AS ~HE GOV~ING BODY OF C~DI~LIE~ C~, A34DA.g ~iX-OFFICIO ~HE GO%rEiR/qING BOA/qD OF q"HECOLJ~I~RCOU~WA~- SEWER DISTRICT, i~$ suCCe~or~ ~nd o~£qn~ (~ereinafDer referre~ CO contex5 £equl£es. W I T ~ E S S E T H: W/qEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BA~NK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner'~f the Encumbered Property non-exclusive easements for the installation and maintenance of stormwater drainage facilities over and across a portion .~,f the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property" W/qEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the gra.r}t ~f tha~ certain easement described herein over, under, and ~c~.s~/~~ Easement Property and any interest of the County in any~to~ [ FEB 2 1998 QSNAP\1318eg. 01 '1 6; drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any ;~tormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: (Corporate Seal) ROYAL BANK OF CANADA, a Canadian chartered bank .L~itnes s #1 Print Name/Address Below: ,3 ;,.:..~ /-- ','v, ,'1.", By: T. W. McC~be, as Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 ~itness # 2 Pri, nt N~m_~e/A~dress Below: ' /¢/t '-.J.EI%..&E.~ C, ~ tJ.,,..) ' 0'") '~o(,,., STATE OF NEW YORK COUNTY OF NEW YORK T~'e foreqoing instrument was acknowledged before me this ~ ~ day '- ~ ~ o: '.-'¢..~.,-~ , 1997, by T.W. McCabe, as Manager of ROYAL BANK OF CANADA, a Canadian chartered bank, who is personally known to me. My Commission Expires: CARMEN BRUZON Notary Pubhc. Sta~e of New Yc. rg. No 41-4979240 Ouahhed in Oueens County ~omrn,ss,on Exp,res March 25, ~ QBNAP\ 131889.01 Page 2 NOTARY PUB LI.'c (Print name below) Notary Public Serial # (if any) (SEAL) ,, FEB 2 1998 FEB 2 ~. Rcmm m: Bc~'d of Cotlict County Commissioners i~tram~nt l:)tCl~ by: Leo J. Salvatori, Esq. Q~I~ & B~ 4.501 T~ Trail No~ S~ 3~ Nnpl~s, ~od~ 34103 (Block A, Lot 2) THIS EASEMENT, granted this .~l~zl day of ~..,f_..-'~.~'..¥.~"~_. , 1997, between LONDON BAY CONSTRUCTION, INC., a FlOrida corporation, and MARK WILSON and GEF~KA WILSOI~, husband and wife, collectively as GRANTOR, to the BOARD OF COUI%"~Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. W I T N E S S E T H: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOT.T~RS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormw~ter drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNA~\ 131768.2 ~0.~ FEB 2 h 1995 PG. , 7/ IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first aDove written. Signed, sealed and delivered in our presence: Witness ~.S~ Pr. int Name .Below: ~ "1 ~ .~ ~ WfLn~ss ~1 P~n~ N~m~ B~lo~: pr~ ~a=e ~w:= Z ~ ~ -'-%~=,, ~:',. ~.~ ~ (C3rDerate Seal) LONDON BAY CONSTRUCTION, INC., a F].orida corporation, ~Tark D.~~-on~, -as President M . Wilson, i~Hdividually Gemma Wilson, individually My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER 'The foregoing instrument was sworn to and subscribed before me this -~.),v_\ day of C~¥ ~ \'~ (~- , 1997, by Mark D. Wilson, as President of LONDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. NOTARY PU.~L I C (SEAL) (Prinq% name belQ_w) , QBNAP\ 1317 -2- FEB 2 ~ 1998 STATE OF FLORIDA COUNTY OF COLLIER foregoing instrument was sworn to and subscribed before me this ~day of ~/~3~[Q__ , 1997, by Mark Wilson and Gemma Wilson,"husband and wife, who are personally known to me. My Commission Expires: QBNAP\ 131766.2 -3- FEB 2 ~ 1998 Board of Collier County Comrrfissionc"rs Th~i~ instrument prepared by: I~o J. Salv~tori, Esq. Quarle~ & Brady 4501 Tam/ami Trail North Suit~ 300 Naples, Florida 34103 DRAINAGE EASEMENT (Block A, Lot 6) 1997, between LOI;DON BAY CONSTRUCTION, a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COU14TY, FLORIDA, its successors and assigns, as GRANTEE. W I T N E S S E T H: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLIARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain sto~w~ter drainage facilities, on the following described laDds being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRA/qTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stor/nwater drainage facilities thereon. GRA/qTOR and GRANTEE are used for singular or plural, as the context requires. QBNAP\13184!.2 FEB 2 1998 , ~. 7~ IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: W£tness'.~ Print Name Be!ow: Pr-~nt Nam%\ B~.Low: . By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC., a Florida ~rpor~tion, M~"rk' D'J '-Wi-l~on ,' as Pres ident~ STATE OF FLORIDA C0~TY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ~ day of ~,(~~ , 1997, by Mark D. Wilson, as President of LONDON 5k~Y CONSTIRUCTION, INC., a Florida corporation, who is personally known to me. ~0 PUw~LIC (SEAL) My Commission Expires: (k~ in,t name below) -2- FEB 2 % 0 .--~? Rctttm to: Board of Collier County Commission~-s Leo J. S~lvatori, Esq. Q)~I~ & Brady 4501 Tamiami Trail North Suit~ 300 Naples. Florida 34103 ~Vq'7-o ai DRAINAGE EASEMENT (Blcck A, Lot 10) THIS EASE24ENT, granted this .~ day of (5~'.!~?.~,..i~. , 1997, between LONDON BAY CONSTRUCTION, INC., a Florida corporation, as GRANTOR, to the BOAR/) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. W I T N E S S ET H: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLT~kRS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, licenge, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GR3kNTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GI{ANTOR and GRANTEE are used for singular or plural, as the context requires. QBNAP\131842.2 FEB 2 q 1998 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Witness~l '~P~.'nt Name Below: Pr~int Name '~B~low: . / By: (Corporate Seal) LONDON BAY CONSTRUCTION, INC. , a Florid~tRvrpo~ation, M~k D.~Wilso~',~ as President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this _~?,\-.iday of ~.~~ , 1997, by Mark D. Wilson, as President of IXANDON BAY CONSTRUCTION, INC., a Florida corporation, who is personally known to me. My Co.nmission Expires: NOTARY PUBjdI C (SEAL) (Pr~q.t name below) QB~A~\1318 ¢2 . 2 -2- FEB 2 1998 © o ~.mC omc F"' ATTACHMENT B PETITION FORM FOR VACATION OF P~.ATS OR ~ORT%OHJ~ OF PY~ATM OF ~,',;~DI~I~ [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT] Dat~ Recoivod: Petitloner(Ownzr): OuaiI West Clty/State:~. NaD~',~'-FL ..... Zip code: 34] ] 9 Agent: W. Terry Col~: Hole~ MO'hies & Asssciates, Inc. Add~,~:~[5 10th Street South T.l.phono: City/State: Naples ' Zip code: 34[02 Addremm of Subject Property:_. ci~y/st~%e: Naples~ Florida Loca%ion: £~ction ~ 8 Telephone:5 9/-b ~62 4617 4261 Brynwood Drive zip code: 3411'9 Town:hip 485 Rang. ~ Block ~ Unit One Quail West-Unit One, Repla~ Subdivisi°n:~ia~ i~ok 2I " P~ge(.) 84-L06 R~a~on for Request: Vacation of Special Preserve Easement (S.P.E.) to comptv with S~MI) ~.~d COt.permits Th. em.~m~nr ~r~= ~i!l be needed to lac ~rrent Zoning:~, _FUD__ ...... - DO,S th!~ affect density? ~o the buildable area of lot. Z Hereby Authoriz~ Agemt Above to Represent Me for thi~ Petit!on: $iqnat~'~e of Poti=Ioner .5'P ,,.,'b.V,,? Print Memo (Title) Plomso se= "Policy and P.cc_~ur_ of vacation and Annulment" for the lis'- of sup.~cr-~ive materials vhich must accompany ..... va. or mail Transportation Service~ Collier C~unty Governn.nt Complex Naple~, FL 33962 Telephone: (941) 774-84~4 *(1) If applicant is a land %ru~t, isdicate the name of b~noficlari~. (2) If applicant is a corporation other than a public corporation, Jmdica~e the name of officers and major '" . ~tockholder=. If applicant i~ a partnership, limited partnmr~hip cr other bu~iac=: entity, indicate the name of principals. (4) List all other ovner~. (3) SDK df ~;aple$, Inc. - as Sole General Partner 33 W. Monroe Street Suite 2000 Chicago, ~L 60603 Pa.ca ,4 of 4 ~,if~ A ¢ hL;'q E.q T B PETITIC~CfORM FOR vACaTION OF PI~T5 OR PORTION~ pLATS OF SUMO~I~ [E%CEPT FOR V~CATION OF P~T ~MD SIMULTANEOUS REPL~T] ~etltioner(o'gner): ~uai.! West, Address: 6289 Bllrnh~m Pn.~H Talephono:~97-63]] City/State:Nap!a~ FI. Zip C=de: 34119 Agent: W. Terry Cole: Hole~ Montes & Af?~ciates, Inc. Addrega:~[5 !Qth Street South T~!sphono: (941) 262 4617 City/Stats: Naples Zip Code:. Addra;n of 5ubJmct Property: 4245 Brynwood Driv~ ci=y/s%~=~ :'-N'~ple's, ~lorida Zip cod~: 3'4'1 19 Lo=at!on: S~ction _ 8 Town,hip 48S Range ~ Le~l D.~.~ --~.p~ton:- Lot 21 Block ~ Unit One Subdivision: O3ta~] W,.qr Un~ One. Replat P!a~ Book ~ 21 Page{~) 84-106 Reason for Re~uemt: , Vacation of Special Prese~e Easement (S.P.E.) to comply wigh S~ and C0E De.its The ~mgpmmne mr9~ u!~ be needed to currazt Zoning: PUD Do~ thi~ affect density? Hereby Authorize Agent Above to Represent Mc for this Petition3-~7 X $1g~ura of Petitioner (owner) Print Memo the buildable area lot. Ploaos see "Policy and PrccsCura of vacatioa ami Annulment" for the !!st of muppcr~iv~ materials which must accompany thim petition, and de!ivar or mail to: Transpcrtatfon Services Collimr County Government Complex Naples, FL 339~ T~lephone: (~41) 774-8~94 If a~plicant is a land %rumt, indicate th~ name of b~noficlari~. If applicant is a corporation other than a public corporation, indicate the name of officsr~ and major · ~tockholderg, If applic~nt Im a partnership, limited partnership cr other bu~ina~:~ entity, imdicata the hams of princtpal~. List all other owners. (3) SDK of Naples, Inc. - as Sole General Partner 33 W. Monroe Street Suite 2000 Chicago,--IL 60603 Paga 4 of 4 ~o. /.7 FEB 2 1998 ATTACHMENT B PETITION FORM.FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT) Date Received: Petition #:AY- C?'7. O 2 / Petitioner(Owner)' Shore Development Company Address: 10660 W. 143rd Street T,'.lcphone:708J460-8820 CiD,/Slam: Orland Park~ IL ZipCodc: 60462 Agent: W. Tern. Cole. PE Address: Hole Montes & Associales City Stale. N_.aplcs. FIo:ida Address of Subject Property: 4213 Brynwood Telephone:_(941 ) 262-4617 Zip Code: 34102 Drive City/State: ~_!~pl_es ~ FL Localion: Sec(mn Township: 485 Zip Code: 34119 Range: 26E Legal Description: Lot: 23 Subdivision: Qua~l West Unit One. Reptat Plat Book: 21 Block: - Unil: One Paget s) 84-106 Reason for Request: Vacalion of Special Preserve Easeme,t (SEE) to comply uifl~ S.F.WM.D & C.O.E. permils. The easement area w±ll be needed to 'Increase the buildable area the lot. Current Zoning: P.U.D. Does this affect densilv? No ! Hereby Authorize Agenl Above lo Represcm Me for this Petition: J~oner (Ou ncr) Print Name Yes: X No: Date (Title) Please' ~ee "Policy and Procedure et' Vacation and Annulment" for tile lisl o£ supportive materials which taus! accompany ihis p¢Iition, and deliver or mail lo: Transportation Sen'ices Collier Count' Government Complex Naples. FL 33962 Telephone: (941 ) 774-8494 (1) lfapplicanl is :] land tmSl. indicate Ih¢ name of beneficiaries (2) Ifapplica,u is a corpor:,uon other than a public corporation, indicme the name orofficers and major stockholders. (3) ifapplican[ is panncrship, limited partnership or olher business chilly, indicate Ihe name of pr/nciples (4) List ail other oxxners. FEll 2 1998 iTT A'VFACHMENT lq pE'IT~QN FQRM FQR VACATIQN QF PLATS QR PORTIONS QF PLATS QF $/dBDIV/DED LAND (EXCEPT FOR VACATION OF PLAT AND $1MULTAKEOU$ REPLAT) Dat~ l~ceived: Petitioner(Owner):_ J, D. Kaylor & Add~g~: 4492 Mercantile Ave. City/State: Naples, FL ?:~,ion #:AV- ~'7'- 0 ~. l Associates Telephone: 6 4 3- 7 6 2 5 Zip Code: 34105 Agent: W. Terry Cole. P.E. Addre&i: Hole Montes 8¢ Asso~iat~ City State: Naples. Florida Telephone: (941) 2624617 Zip Code: 34102 Add~e~ofSubjoctPropeny: 5817 Glenholme Circle City/State: Naplest FL ZipCode: 34119 Location: Section: 8 Township: 489 Range: 26E Legal Description: Lot: 48 Subdivision: Quail West Unit One, Replat Plat Book: 21 Block: Unit: One Page(s): 84-106 Reason ~rReque~:VamtionofSpecialPre~n'eEa~mentfS.PE)tocomplyaSthSF.W.MD& C.O.E.~rmim. The easement area will be needed to increase the buildable area of the lot. Cum:ntZoning:P.U.D. Does thisaffectde~ity? NO I Hereby Authorize Agent Above to Represent Me for this Petition: Yes:,X, No: Signature~ Petitioner (~er) Date Print N~ Gifle) Please, s~e 'Policy and Procedure of Vacation and Annulment" for thc list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Govenunent Complex Naples, FL 33962 Telephone: (941) 774-8494 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) ffapplicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. ~(,~; partnerslfip, pm"tnership or other business enfiB,', indicate the name of ffapplicant is limited principles. (4) List all other owners. FEB 2 1998 g'q , ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR 'VACATION OF PLAT AND SIMULTANEOUS REPLAT) Date Received: %talon #:AV- ~5~z7- ~)~_../ Pemioner(Owner): Heritaqe Homes of Naples, Znc. Address: 4910 N. Tamiami Trail - Ste. Telephone: 263-9433 City/State: Naple s, FL 304 Zip Code: 34103 Agent: W. Terry Cote. PE. Address: Hole Montes & Associates City State: Naples. Florida Telephone: (941) 262--1617 Zip Code: 3-1102 Address of Subject Propeny: 4404 Brynwood Drive Ciw/State: Nap].e$, FI., Zip Code: 34119 Location: Scclion g To~ ', ' ns,,Ip 4SS __~ngc: 26E Legal Descnpl~on: Lol 51) Block: - Subdivision: Quail Wcsl b:nil One. Replat L'nil. One Plat Book: 21 Page(s): 84-106 Reason for Request: Vacalion of Special Prcsen¢ Easement (S P E.) ~o comply with S.F.W.M.D. 8,: C.O.E. permits. The easement area will be needed to increase the bu±ldable area of the loc. Current Zoning: PUD. Does this affect density? No I Hereby Authorize Agent Above ~o Represent .',,lc for this Petition: Sign-atu~e of Pcmioncr (O(~ ncr) ,/ × / /' ) R- v p, ,,, 0 Print Name Yes: X No: Dale iTnlc) Please see "Polio,' and Proecdurc of Vacanon and Annulmcnl" for Ihe list o£ supportive malerials which must ac'Company Ibis petition, and ~elix'er or mail to: Transportation Sen'ices Collier Count,, Government Complex Naples. FL 33962 Telephone: (941 ) 774-S49-1 (1.}, If applicant is a land trust, indicate the name of beneficiaries _2] '71£ applicant is a olher than a public corporalion. ~ndicale the of oftScers and COrpOrallOn major -"~ stockholders. (3) i[applicant is pannership, limiled pannership or olher businels emir)', indic:ne lhe name of principles. (4) List nil other owners. FEB 2 1998 ATrA CI-I]vflSNT B PETITIQ.N. FQ.RM FOR VACATION OF PLATS OR PORTIONS Q.F PLATS OF ~[JBDIVIDED LAND. (E. XCT. FF FOR VACATION OF PLAT AND SIM'ULTANEOUS REPLAT) Date Received: Petitione~ (Owner): Susan Braun Petition #:AV-__q r~ -- t~ ~. ! A~L~: 110 Old DurlingtQn Circle Telephone City/State: Alpharetta, GA ZipCode: 30202 Agent: W. Terry Cole, P.E. Address: Hole Montes & Associates City State: N. a£}les. Flo .rid~) Telephone:194 !) 2624617 Zip Code: 34102 Addter~ of Subject Property: 6450 Dunberry Lane City/State: ,,Naples, FL la:cation: Section: 8 Town_ship: 48S Zip Code: 34119 Rat)ge: 26E Legal Description: Lot: I Block: D Subdivision: Quail West Unit One, Ke. plar Plat Book: 21 Unit: One Page(s):. Reason ~rReque~: VamtionofSpeci~ Pre,me Ea~ment(S.P.E.)tocomplywith S.F.W.M.D. & C.O.E.~rmits. The easement area will be needed ~o increase the buildable area of the lot. Cm'rcntZomng:P.U.D. Docs this affectdcnsi~? No I Hereby Authorize Agent Above to Represent Me for this Petition: Sigrtature of Petitioner (Owner) Print Name Yes: X No: / Date (Title) Plemie see "Policy and Procedure of Vacation and Annulment" for the list of mpportive materials which must/i:company this petition, and deliver or mail to: Tra~por~tion Services Collier County Government Complex Naples, FL 33962 Telephone: (94 I) 774-8494 (1) Il'applicant is a land u-usk indicate the name of beneficiaries. (2) Il'applicant is a corporation other than a public corporation, indicate the name of officen and major rlockholders. (3) ffapplicant is partnership, limited pannership or other business entity, indicate the name of principles. (4) List all other owners. FEB 2 q 1998 ~'-- ?& iii ~m ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTION,c, OF PLATS OF SUF)DIVIDED LAND (EXCEFF FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT) Da~ Rt:~ived: Petitioner (Owner): ASG t Address: 1200 Auburn L.L.C. No. 1 Avenue City/State: Pontiact MI .Petition #:AV- ~ 7- ~D~ I 'l :icl~hone: Zip Code: 48342 Agent:~W. Terry Cole, P.E. Address:Hole_Montes & Associates City State: Nagle% Florida Telephone: .{941) 262-4617 Zip Code: 34102 Addrer~°fSubjcctProperD':.. 5007 Groveland Terrace City/Stat¢:_NaDles, FL Zip Code: 34119 Location: Section: 8 Township:_4_8~ Range: 26E Legal Description: Lot: 19 Block: FUnit:.Qne Subdivision: .Quail Wen. Unit One, Rcplat Blocks E'-~n_d F First Add/don Plat Book: 22 Page(s): 34-35 Reason for Request:Yacation of Spec/al Preserve Easement (S.P.E.) to comply w/th S.F.W.M.D. & .~.OE. permits. ' ' Current Zordng:?.UD. Docs th/s affect density?._No I Hereby Authorize Agent Above to Represent Mc for this Pet/don: Yes: X No: Signature of Petitioner (Owner) Date ~ Alice S. Gus~afson ff Owner Print Name (Tide) Plea,~ ~ "Po[icy and Procedure of Vacation and Annulment" for thc list ofsupportive materials wi'rich must a,ccompany tiffs pet/t/on, and deliver or ma/l to: Transpoaadon Services C~fllier County Government Comp/ex Naples, FL 33962 Telephone: (941) 774-8494 (I) II'applicant is a land trust, indicate the name of beneficiaries. (2) Il'applicant is a corporation other than a public corporation, indicate the name of otticer~ and major /x gtockho!ders. (3)/ffapplicant is (~ . . parmcrsh/p, limited partnership or other business entity, indicate the name of pnnc~plcs. (4) List all other owners. FEB 2 4 1SS8 ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORT~.ON$ OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTANk'OUS REPLAT) Date Received: Petition #:AV- ¢ 7- (3 7'_ / Petitioner(Owner): James P. & Katjl2~P~21~t~___Growney Addm.~: 34 Sandpiper Lane Telephone: 71~/$85-1577 Cily/State: Pitts ford: NY Zip Code: 14534 Agent: W. Terry Co1¢, P.E. Address: H01e Montes ,~ Associates City State: Naples, Florida Telephone: (941) 2624617 Zip Code: 34102 Addmsa of Subject Property: , 5006 Groveland Terrace City/State: Haples, FL Zip Code: 34119 Location: S¢7'don: 8 Township: 48S Range: 26E Legal Description: Lot: 21 Block:FUnit: One Subdi,dsion: Quail We~t Unit One, Replat Blocks E and F First Addition Plat Book: 22 Page(s):,34-35 Reason for Request: Vacation of_Special Preserve Easement (SEE.) to comply v,'ith S.F.W.MD. & C.O.E. permits. Current Zoning: P.U.D. Does this affect density? No I Hereby Authorize Agent Above to Represent Mc for this Petition: Print Name '~ -- Yes:X No: (Title) Please, see "Policy and Procedure of Vacation and Annulment" for the list of supportive mater/als which must accompany this petition, and deliver or mml to: Transportation Services Collier County Govermnent Complex Naples, FL 33962 Telephone: (941) 774-8494 (1) I. fapplicant is a land trust, indicate the name ofbeneficiahes. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) if applicant is partnership, limited partnership or other business entity, indicate the name of principle~. (4) List all other owners. FEB 2 q 1998 ATTAINT B ?~TrTTION FORM FOR VACATION OF PLATS OR PORTIONS QF PLAT~ OF SUBD|VIPED LAND (EXCEPT FOR VACATION OF PLAT AND $~fLrLTANEOU5 REPLAT) Date Received: Petitioner (Owne0: MDG - Ad~r~: K&M Lakefront City/Su~: Columbiat MD QwI, L.C. Bldq. - Ste.312Telephone: 410/730-909I Zip Code: 21044 Agent: W. I(rr~ ¢o1¢. P.E, Addsera: Holt MonI~ & A~sociates City Stat:: Napier Flori~ Telephoto:: (_9~ 1) 262~46|7 zip Ad~ofSubjectPr~pe~': 6457 Dunberry Lane City/Smt~: .~a~l.~s, FL Location: Section: 8 ... 'rown~hip: Zip Code: 3,1119 L~$aJ D¢~;ripdon: La: 3 Blo~k: D Sub<li~ision: Quail Wcs~ Unk One. Repla~ Plat Book: 21 Unit: On; Page(s): 84-10fi ~ason for I~quen: yacation of $1xci,nl Preserve ~,~m~nt [S.P.E3 to comCy wiIh $.F.W,~D. ~ ~.~.E~its, The easement area will be needed ra incr~a~P th~ h,,ild.nh]~ area of the lot. C~nt ~ning: Pb'.D, D~l ~s ~ densiUT.No , I Hereby Authorize Agent Above to Represent Mc for this Petition: Yes: 'Sigruu~r~ of Petitioner (Owner) Date Print N~ur~ critic) X No: !~le. a3e ~ "Policy and Prcx:~xlu.~ of Vacation and Annulment" for the list ofl'upportive materials wkich mu.st accompany tki~ petition, and deliver or mail to: Tran.tporation Services Collier County Government Complex Naple~ FL 33962 Telephone: (941) 7744494 (1) If applicant is a land ~ indicatm the n~me of beneficiaries. (2) If applicant i~ a corlx~radon other than a public corporation, indicate ~he name of officers and major stockl~kiers, Patrick McCuan - President William Klohn Vice ('('~")) il'applicant is partnership, [trotted partncrskip or other busines4 entity, indicate the nsxn¢ of prta~lple~ (4) Lira all other owners. - Presid FEB 2 1998 P~,SE . 03 ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDI'¥qDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REP[.AT) Date Rcceivcd: Petitioner(Owner): John Popinski Pr. iitxon#:AV- qtT- 0~1 Address: 1233 Pompei Lane, Telephone: 495-0552 Ci~.'/SIatel Naples,. FL _ZipCodc~ 34103 Agent: W. Terry Cole P.E. Address: Hole Montes & Associates City State: Naples, Florida __ Telephone: 1_._94__!1.) 262-4617 Z~p Code: 34102 Address of Subject Propcn).: 4469 Brynwood Drive City/State: N ~_p_l:___e s__t FL Location: Section' g Tov, nship: 48S __.Zip Code: 34119 Range: 26E Legal Description: Lot: I0 Subdivision: Quni{ 'West Unit One_. R__gcplat Plat Boo}.: 21 Block: - Unit: One Page(s): 84-10G Reason for Request: *'acat,on of ~pecial Preserve Easement (S P E_.Z.LO c_gom.%lZl':' wilh S F.W.M.D. & C.O.E pcr,'ms The_eLig%¢~e_gi_a.r...e.~l._w_tL.L_tw_o ' n.,:,edod rn '/nc'rea..qe l-h,::, h,,ila=kla of the lo/. - .......... Current Zoning: PUD Does tills alTect density? No Mc for this Petit,on' Yes ._X_No ~ Da~c [Hereby Aulhorizc~cnl A~escm Signnlut~of Petitioner (Ou nco . Print Name (Title) Please s. ec "Policv and Procedure of Vacat,on and Annulment" for the lisl of supportive materials which must accompany this pc~irion, anci deliver or mail to: Transportation Services Collier County Government Complex Naples. FL 33962 Telephone: (941) 774-8494 (~) (2) (5) (4) If applicant is a hind mist. indicate tile name of beneficiaries if applicant is a corporation other thaa a public corporation, indicate thc name of officers and major stockholders. if applicant is panncrship. ]inlitcd partnership or other business entity, indicate tile name of principles. List all other ov,'ners. FEB 2 Tile officers of LONDON BAY CONSTRUCTION, INC., a Florida corporation, are as follows: Mark D. Wilson Gemma C. Wilson Barry P. Riordan Harold R, Stanley President/T're~- surer Vice President of Marketing/Secretary Vice President of Construction Vice President of Construction Mark D. Wilson owns 100% of the stock of London Bay Construction, Inc. ATTACHMENT B PETITION .FQ,I~M FOR VACATION OF PLATS OR PORTIONS OF PLATS OF $~BDIVID,ED LANO, (EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT) Dal~ Rex:~iv~l: __?etition #:AY- q ~7 - ~ Pc~o~r(~r): London Bay Construction, Inc. ~: 889 - illth Ave. North Telephone: 592-1400 Ciu/S~: Naples, FL ZipC~e: 34108 Agent: W, Terry Co1¢. P.E, Address: Hole Montes & Asroci,~tCS City State: Naples. Florida Telephone: ..(94 !) 262-4617 Zip Code: 34102 Adcke.~ of Subject Property: 3987 Brynwood Drive City/State:. Naples, FL Location' Section: 7 Township: 48S Zip Co~:: 34119 Range:. 26E Legal Description: Lot: 6 Block: Subdivision: .(]haail West Unit One, Rcplat Block A Plat Book: 27 ____Unit:. Page(s): 10-I.~. Reason for Request: Vacation of Drainage_E~ments to reflect As-Built conditions. Current Zoning: P.U.D Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: Signanir-e of l~'tifi'6'ner ('Owner) Date Print Name Yes: X No: (Title) Please,..~e "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany tiffs petition, and deliver or mail to: Transportation Services Collier Coun~ Government Complex Naples, FL 33962 'felephone: (941) 774-8494 [D If applicant is a land trust, indicate ',he name of beneficiaries. (~-2~)~If applicant isa corporation other than a public corporation, indicate the name of officers and major -J stockholders. (3) if applicant is partnership, limited partnership or other bnsintxs entity, indicate the name of principles. (4) Li~t all other owners. F E B ATTACHMtiNT B PETITIQN FQRM FOR VACATION QF PLATS QR PORTIONS QF PLATS OF $[~BDIVIDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTAI ~EOUS REPLAT) Date Received: Petit/on #:AV- 0"7- O ~ / Petitions:r(Owner): London Bay Constructiont Inc. Addrexs: 889 -lllth Ave. North Telephone: 592-1400 City/State: Naples, FL _ZipCode:34108 Agent: W, Terry CoI¢, P.E. Address:Hole Montes 8[ Associa)es City State:.Naples, Fl0ri~ Telephone: (941) 2624617 Zip Code: 34102 Adch'ess of Subject Property: 3923 Brynwood Drive City/State:_ Naples, FL Zip Code: 34119 Location: Section: 7 Township: 48S Range:,26E Legal De. script/on: Lot: 10 Block: Subdivision: Quail We~-t Unit One, Replat Blgck A Plat Book: 27 Unit: Page(s):...10-12 Reason for Request: Vacmion of Drainage Eascmenls lo reflect As-Built conditions. Current Zoning: P.U.D. I Hereby Authorize Agent Above to Represent Me for this Petition: $igr~t~"~f Pefi'~oher (Owner)" Date Print Naane (Title) Does this affect density?. No Yes: X No: Please. see "Policy and Procedure of Vacation and Annulment" for thc list of supportive materials which must accompany this petition, aud deliver or mail to: Transportation Serv/ces Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 If applicant is a Im~d trust, inchcate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major '~'~/rtockholders. (3) ffapplicant is partnership, limited partnership or other business entity, indicate the name of principles. (4) List all other owners. ATTACHIMENT B PETFFION FORM FgR VACATION OF PLATS OR PQRTION$ PLATS OF SkJ'BDIVIDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTAt IEOUS REPLAT) Date Received: Petition #:AV- ~ '7- Petitioner(Owner): London Bay Construct±on, Thc. Addre~: 889 - lllth Ave. North Telephone: 592-1400 City/State: Naples~ FL ZipCode:34108 Agent: W, Terry (70lc, P,E. Adctre~: HgI~ Montes & A~sociat~ City State: Naples, Florida Telephone: (941) 2624617 .Zip Code: 34102 Addre.~ of Subject Property: 4051 BryIlwood Drive City/State: NapLes, FL Zip Code: 34119 Location: Section: 7 Townxhip: 48S Range: 26E Legal Description: Lot: 2 Block: Subdivision: Quail West Unit One, Replat Block A Plat Book: 27 Page(s): 10-12 R~n for Requ~'~: Vacation of Drainage Easements 1o reflect As-Buil! conditions. Current Zoning: P.U.D..~ Does this affect density?.No I Hereby Authorize Agent Above to Represent Me for this Petition: $ign~'°f l~oner (C~,'ncr) Date Print Name Yes: X No: (rifle) Please see "Policy and Procedure of Va~tion and Annulment" for the list of supportive rrmterials which must a~icompany this petition, a;sd deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 (?~21) If applicant is a land trust, indicate the frame of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of otticers and nmjor mockholders. (3) if applicant is partnership, limited partnership or other business entity, indicate the name of principles. ,, (4) List all other ov,'ners. ,0. _ , _ FEB 2 q l S8 N ..... SHE ? I I THIS INSTRUM£NT THO~,~S J. O~RIS COLLIER COUNTY GOVERNMENT COMMUNI'FY DEVELOPMENT AND ENVIRONMENTAl. SERVICES DIVISION Building Review ;,nd ~rm~mng (941) 64341400 Code Enforccmcm (941~ 643-8440 Housing an4 Urban Improvement (941) 643-8330 Natural Re~ourcc~ (941 ) ~32-25~)5 Planning ~n,~ce~ (941) 643-8300 Pollution Control (941) '/32.2502 Mr. W. Terry Cole, P.E. Hole, Montes & Associates, Inc. 715 Tenth Street South P.O. Box 1586 Naples, FL. 33939 RE: Quail West Special Preserve Easements De~ Mr. Cole: 2800 N. HORSESHOE DRIVE NAPLES, FL 34104 A CERTIFIED BLUE CHIP COMMUNITY January 16, 1997 This office has reviewed the proposed vacations of various Special preserve Easements within Quail West Unit One replat. Based on the South Florida Water Management District Modification, and the Army Corps of Engineers permit modification, this office has'No Objection to the proposed vacations. IfI can be of any further assistance to you in this regard, please let me know. Also see attached Memorandum from Steve Lenberger, Environmental Specialist II. Sincerely, ~,:, John R. Houldsworth Senior Engineer cc: Russ Muller, Transportation Services PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION MEMORANDUM TO: FROM: DATE: RE: John Houldsworth Senior Engineer Stephen Lenberger 2~'''~ Environmental Specialist FI January 16, 1997 Quail West, Phase I Vacation of Special Preserve Easements Environmental staff have reviewed the information provided and have no objection to vacating the special preserve easements on lot's 7-10, 14, 15, 20-23, 44-50, 52, B-I - B-5, C-26- C-29, D-l, D-3, D-I 1, D-12, F-19 - F-21, G-15, H-I and H-2. The applicant has received permit modifications from the U.S. Army Corps of Engineers (Permit # 199002504(IP-AM), Modification #5) and the South Florida Water Management District (Permit # 11-00768-S) to remove the special preserve easements. The remaining preserve areas will satisfy the 25% native vegetation retention requirement pursuant to section 3.9.5.5.3 CCLDC. FEB 2 EXECUTIVE SUMMARY PETITION AV 98-002 TO VACATE A PORTION OF A 12' WIDE LAKE MAINTENANZE EASEMENT IN I_,OT 5 AND TO VACATE A PORTION OF A 15' WIDE DRAINAGE EASEMENT IN [,OT 24, ACCORDING TO THE PLAT OF "TIERRA LAGO", AS RECORDED IN PLAT BOOK 24, PAGES 20 AND 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt the resolution to vacate the above mentioned easements. CONSIDERATIONS: Petition AV 98-002 has been received by tile Transportation Department from Rick Ewing, P.S.M., of Coastal Engineering Consultants, Inc., as agent for the petitioners, Alfred Fraga and Vineyards Development Corp., requesting the vacation of the above mentioned easements to accommodate constructed improvements. Letters of no objection have been received from all pertinent agencies. The Transportation Department has reviewed the Petition and has no objection. Zoning is P.U.D. FISCAL INIPACT: Collier Count>' has collected a SI.000 "Petition to Vacate" lee from the petitioner which will be deposited into the Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTIt MANAGEMENT ISIPACT: Not applicable RECOMMENDATION: That thc Board of County Commissioners: I) Approve the Resolution for l'etition AV 98-002 tbr tile vacation of the above- described easements. 2) Authorize the execution of the Resolution by its Chairman and direct the Clerk to record a certified copy of the Resolution in the Public Records. 3) Request the Clerk of Courts to make appropriate marginal notes on the recorded plat. PREPARED BY: 12,¢~,- ,,'~z~:t.~-~t~.__ Rick Grigg, Land Surveyor REVIEWED BY: ._ David F. Bobanick, Transporta~n Director REVIEWED B Y.-r~~'~ Ed Ilschner, Public Works Administrator DATE: DATE: AV 98-002(E) FEB 2 1998 PG. I RESOLUTION N(). 98- 2 RESOLUTION FOR PETITION AV 9g-002 TO VACA'FE A PORTION OF A 12' WIDE [.AKE MAINTENANCE EASEMENT IN LOT $ AND TO VACATE A PORTION OF A WIDE DRAINAGE EASEMENT IN LOT 24. ACCORDING 'IO TIlE PLAT OF "TIF. RRA LAGO", AS RECORDED IN PLAT BOOK 24, PAGES 20 AND 21, PUBLIC ILECORI)S OF COLLIER COUNTY. FLORIDA. V 1o II 12 13 15 16 17 19 21 23 24 25 26 27 \VIIEI/,EAS, pursuaut to scclion 177.1(1l. t"lorida .qlalulcs. Rick l'?,',iug. P.S.M.. of Coastal Engineering Consultants. Inc.. as agent Ibr the petitioners, Alfred Frag:, and Vineyards Dzvclopment Corp., docs hereby request tl~e vacation of Iht above mentioned easements; and WIIEREAS. thc Board bas this da>' held a public hearing to consider vacating :;aid casements as more full3,' described below, and mince of said public hearing to vacate was given :ts required by la',,,'; and \ViIEREAS. thc granting of the vacation ,.,,ill not adversely affect the ov.'ncrship or right of con~ enicnt access of other propcrqc ov, ners. NOW. 'rtlERI-~I:ORE. BE IT RES()I. VI[D BY TIlE BOARD ()F COUNTY CO.M.MISSIONERS OF COLLIER COL'NI'Y, FIAJRIDA. that the follo~ving be and is bctcby xacated: See Exhibit "A" allacbed hereto and incorporated herein BE IT FURTHER RESOLVED. tim{ thc Clerk is hereby directed lo record a certified copy of fl~is Resolution in thc Public Records of Cotlicr Count,',', Florida, and to make proper notation of these vacations on Ibc recorded plat as referenced above. 28 DATED: ,VI'lEST: This resolution adopted after motion, second and majority ',otc favoring same. 30 D\VIGIiTE BROCK. Clerk 31 [3(.)..',,1,~ l) OF COUNTY COMNIISSIONI_:RS 32 ( OI.LIE[~ COUNTY, FLORIDA 33 Approved as to form and 34 legal sufficiency: 37 H¢idi F. Ashton 38 Assistant County Altorney Chairman ,~. FEB 2 4 1 i98 COASTAL ENGINEERING CONSULTANTS INC EXHIBIT "A' LOT 24, TIERRA LAGO PORTION OF A 15' WIDE DRAINAGE EASEMENT TO BE VACATED DESCRIPTION A parcel of land lying in that part of Lot 24 of Tierra Lago, a subdivision recorded in Plat Book 24, Pages 20 and 21 of the Public Records of Collier County, Florida being described as follows: Commencing at the southeast comer of said Lot 24 run N88°09'38"W along the south line of said Lot 24 for 119.21 feet; thence leaving said lot line N01°50'22"W 10.03 feet to the southerly most corner of a concrete slab and the POINT OF BEGJ. N"NING; thence along the westerly line of said concrete slab N08°10'17"W 5.05 feet to an intersection with the north line ora platted 15 foot wide drainage easement; thence along the north line of said easement S88°09'38"E 28.86 feet to an intersection with said southerly line of concrete slab; thence along said line S81°45'31"W 28.42 feet to the POINT OF BEGINNING. The above describes an area of approximately 72 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. FLO BUSI:NESS AUTHORIZATION NO. LB 2464 Richard J. Ewing, A~.P. Professional Surveyor and Mapper Florida Cer~2ficate No. 5295 NC)T VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLOR~A LICENSED SURVEYOR AND MAPPER CEC FnJF. NO. 97.283 DATE SIGNED:/- 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 ° [:AX (941 ~ ENGINEERING CONSULTANTS INC EXHIBIT "A" LOT 5 TIERRA LAGO, VINEYARDS PORTION OF PLATTED 12' WIDE LAKE MAINTENANCE EASEMENT (TO BE VACATED) A parcel of land lying in Lot 5 of Tierra Lago, a subdMsion recorded in Plat Book 24, Pages 20 and 21 of the Public Records of Collier County, Florida being described as follows: Commencing at the southwest comer of said Lot 5 run N82°21'26"E along the south line of said Lot 5 for 40.14 feet; thence N07°38'34"W 2.00 feet to the POINT OF BEGINNING; thence continue N07°38'34"W 10.00 feet to an intersection with the northerly line of a platted lake maintenance easement; thence along the northerly line of said lake maintenance easement 55.68 feet along the arc of a curve concave to the south having a radius of 312.00 feet, a central anele of 10°13'28'' and a chord of 55.60 feet, bearing N87°28'I0"E; thence leaving said northerly l~'ne S02°34'54"W 10.00 feet; ti~ence 53.89 feet along the arc ora curve concave to the south, having a radius of 302.00 feet, a central angle of 10°13'28" and a chord of 53.82 feet, bearing S87c28'10"W to the POINT OF BEGINNING. The above describes an area of approximately 548 square feet of land. Subject to easements, restrictions and reservations of record. COASTAL ENGI]NEERING CONSULTANTS, INC. FLO~ BUSI]~AUTHO ,RIZATION NO. LB 2464 Richard J. Ewing, '(/.P. Professional Surveyor and M2pper Florida Certificate No. 5295 NOT VALID WITHOUT THE SIGNATURE AND TIlE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO, 97.283 DATE SIGNED: 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 ,, (941) 643-2324 · FAX (941164~143 ..5" ... r TIERRA LAGO WAY B 2 zt 1,998 Public Su'cet Alleyway Subdivision Pla~ PETITIQN TQ VACATE, ABANDON. DISCONTINUE, OR CLOSE Dedicated Easement Utility ~ Drainage Date Rtrxived: /-~ -z~,~:3 Petitioner: ~_m_en_l Maintenance Other ('Explain) Address: 98 VinjoL.~_~_9..qJ.~,ard City/State: Naules. FL 34119 Telephone: {94J.)353-1551 Agent: ,Coastal Engineering Consultants. Inc. Address: 3106 Sout__h Horseshoe Drive Telephone: 941-643-2324 Ci b'/State: _b'_aplcs_, .FL .34.104. Address of Subject Property: 969 Ti~rr_._!a k.ago Way City/State: Naples, FL 34119 Location: Section 5.._~. Township 49S Range 26E Legal Description: See attached legal descriotion ('"...,:,-t- ~,~- ") Plat Book: Page (s): ~ Reason for Request: To accomodale existing principal structure within easement. Current Zoning: _. PUD Does this affect density? NO I Hereby Authorize Agent Above lo Represent Me,or this Petition: Yes_,/_ No_ Signafi/ri'ofPififioner / Date ' Michel Saadeh, Presiclent,lCgb Please see "Policy and Procedures of Vacation and Annulment": for the lisl of supoortive materials which must accomp,'my uh/s petit/on, and deliver or mail to: Tran';portation Services Division Collier County Govervanent Complex Bldg. "D' Naples, FL 34112 Telephone: (941) 774-8260 *(1) fi.applicant is a land tru~ so indicate and name beneficiaries. (2) ff applicant ia corporation other than a public corporation, so indicate and name officers and major stock.holders. (3) fi.applicant is a partnership, limited partnership or other busings entity, so indicate and name principals. (4) fi.applicant is an owaer, indicate exactly as recorded, and list all other owners, if any. (5) Il' applicant is a lessee, attach a copy of lease, and indicate actual owners if not indicated on the lease. _ PubLic Street __ Alleyway _ Subdivision Plat pETITION TO VACATE. ABANDON. DISCONTINUE, OR CLOSE Dedicated Easement Utility Drai rmge Date Received: ~/-~ Petitioner: _Agre0 Fra~ _ Maintenance _ Other (Explain) Petition No: /.-~Xg q~ - 0:22) ~. Addre~: 7108 B~win,gton Cir.c!e City/State: ~FL_ 3 4108 Telephone:_(941 )514-0372 Agent: ~En~Jneerin~ C0n~ltanu;, Inc. Address: 3106 South Horseshoe Drive Telephone: 94 i-643-2324 City/State: N__aples. FL 34104 Address of Subject Property.: 906 Ti._.~e.~a Lago Way Location: Section 5_.~_ Townghip 49S Range..26E Legal Description: ..See attached legal description Plat Book: -- Page (s): ... Reason for Request: ...To accornodate existing screen e.nclosure ("t._ 0'7' __%) Current Zoning: . PUD Does this affect density7 _NO I Hereby A/~ori~ Agent Above to Represent Me. ffl~this Petition: Si~a~e'~f~e~n~r -- ,2 '/g 'q rl Aifr~l Fraga Date City/State: Naples, FL 34119 Plea.se see 'Policy and Procedm'es of Vacation and Annulment": for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Division Collier County Govern.ment Complex Bldg. 'D' Nap!es, FL 34112 Telephone: (941) 774-8260 *(1) If applicant is a land trusL so indicate and name beneficiaries. (2) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. (4) If applicant is an o~vner, indicate exactly as recorded, and Iisi all other owners, ffany. (5) Ifapplicanl is a lessee, attach a copy of le.a~, and indicate actual owners ffnot indicated on the lease. .o._ m(c)O.9 FEB 2 4 19 8 COASIAL ENGINEERING CONSULTANTS INC December 22, 1997 Mr. John Boldt, P.E. & P.S.M. Stormwater Management Director Public Works Collier County Stormwater Management 3301 Tarniarni Trail East "H" Building, 3't Floor Naples, HoNda 34112 Proposed Vacation of portion of the Drainage Easement within Lot 24 of Tierra Lago, Vineyards CEC File No. 97.283 Dear John: Please review the attached legal description and sketch for the proposed vacation of the above referenced property. As you will note on the sketch, the principal structure was built approximately 5 feet into the platted drainage easement. Upon your review, please contact our office with any questions or concerns you may have regarding this vacation. If acceptable, please sign and return correspondence back to our office. Thank you in advance for your prompt attention to this matter. Sincerely, Richard J. Ewing ~SM Survey Division Manager Attachments - As noted. SIGNATURE OF NO OBJECTION: I, John Boldt, have reviewed the above and have no objection to the vacation of the easement. Date ~ / 3106 S. HORSESHOE DRIVE ., NAPLES, FLORIDA 34104 · (941)643-2324 · FAX (941 COASTAL ENGINEERING CONSULTANTS INC December 22, 1997 Mr. John Boldt, Director Public Works Collier County Stormwater Management 3301 Tardami Trail East "iff" Building, 3rd Floor Naples, Florida 34112 Proposed Vacation of portion of Lake Maintenance Easement within Lot 5 of Tierra Lago, Vineyards CEC File No. 97.283 Dear John: Please review the attached legal description and sketch for the proposed vacation of the above referenced property. As you will note on the sketch, the screen enclosure was built approximately 10 feet into the platted lake maintenance easement. Upon your review, please contact our office with any questions or concerns you may have regarding this vacation. If acceptable, please sign and return correspondence back to our office. Thank you in advance for your prompt attention to this matter. Sincerely, Survey Division Manager INC. Attachments - As noted. SIGNATURE OF NO OBJECTION: I, John Boldt, have reviewed the above and have no objection to the vacation of the easement. Signatu~ / ' ~ no. i~[C)(~4) Date I / FEB 2~1998 31c~ s. ,Or~SESHOE O~IVE · NAPLES. ~LO~OA 3alC~ · Oal) ~3-~3~a · ~AX ~1) ~3-~ ~a3 _ / '~- COASTAL ENGINEERING CONSULTANTS December 22, 1997 Mr. Stan Chsv.~owski, P.E. Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Proposed Vacation of portion of the Drainage Easement within Lot 2,~ of Tierra Lago, Vineyards CEC File No. 97.283 Dear Stan: Please review the attached legal description and sketch for the proposed vacation of the above referenced property. As you ,.,,'ill note on the sketch, the principal structure was built approximately 5 feet into the platted drainage easement. Upon your review, please contact our office with any questions or concerns you may have regarding this vacation. If acceptable, please sign and return correspondence back to our office. Thank you in advance for your prompt attention to tNs matter. Sincerely, Coa/~____~__~~~ngin ' g C~onsultants, Inc. Richard J. Ewin~,, PSM ~' Survey Division Manager Attachments - As noted. SIGNATURE OF NO OBJECTION: I, Start Chrzas~owski, have reviewed the above and have no objection to the vacation of the Signature ff_,) FEB '2 1998 3106 $. H©R$~$H©~ DRIVE · N.,\~LE$, FL©RID^ Sal0~ · ~41} ~43~232~ · F~X (~al} ~ -1 ~ ,~ // i' 'i F E i NG CONSULTANTS INC December 22, 1997 C,'. ,, .: 'g aec: E:'::'e :-zc'-: Mr. Start Chrzanowski, P.E. Colnmunity Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Proposed Vacation of portion of Lake Maintenance Easement within Lot 5 of Tierra Logo, Vineyards CEC File No. 97.283 Dear Stan: Please review the attached legal description and sketch for the proposed vacation of the above referenced property. As you will note on the sketch, the screen enclosure was built approximately 10 feet into the platted lake maintenance easement. Upon ),our review, please contact our office with any questions or concerns you may have regarding this vacation. If acceptable, please sign and return correspondence back to our office. That& you in advance for your prompt attention to this matter. Sincerely, C~ants, Inc. Richard J. Ewinig, PSM /" Survey Division Manager Attachments .- As noted. SIGNATURE OF NO OBJECTION: I, Stan Chrzanowski, have reviewed the above and have no objection to the vacation of the- ease rn ,e,e,e,e,e,e,e,e,e,~~ //~ Date 3106 S. HORSESHOE DRIVE · NAPLES. FLORIDA 34104 · (941) 643-2324 ° FAX (941) 3 InA£T L-25 n E .3.5 £NT MAP ~ T ~ FL ORI~4 DR~WN FOR ZINNER. FLO~ID~ SEC T :IOi'~ TOWNSH I P ,19 RANGE Pti DRAWN BY, DATE UPDATE- BY. DATE .... 5/93 iEB 2 ~ 1998 /$ · \ Sanuar). 9, 1998 RE: Tlerra Lago, Ixas 5 ~d ~ D~ Mr. Muller: I, Michel Saz~h, as president of the Ticrra I.ago Neighborhood Association, Inc. have t~o object:ion to the vacation of easements for Tierra I. ago, Lots 5 and 24. Sincerely, lvl~hel S~.deh, President Tierra Lago Neighborhood Association, Inc. FEB 2 ~ l~S8 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING ORDINANCE 97-82 WHICIt CREATED TIlE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION SIX TO CLARIFY THAT MEMBERS OF THE ADVISORY COMMITTEE ARE PERMANENT RESIDENTS OR COMMERCIAL PROPERTY OWNERS WITHIN THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCI.USION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ~I~t,,.~J_L~: That the Board of County Commissioners adopt an Ordinance amending Ordinance No. 97-82 to clarify that members of the advisory committee are permanent residents or commercial property owners within the district. CONSIDERATIONS: On 12/16/97 the Board of County Commissioners adopted Ordinance No. 97-82 which created the Bayshore Avalon Beautification Municipal Service Taxing Unit. At a recent meeting, the Board of County Commissioners directed the County Attorney's Office to amend said Ordinance to clarify that members of the advisory committee are permanent residents or commercial property owners within the district. The Ordinance provides that owners of commercial property may be an individual, an officer of a corporation or a partner of a partnership. FISCAL IMPACT: None Fa./IOWTH MANAGEMENT IMPACT: None ]t.~COMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance mending Ordinance No. 97-82 which created Bayshore Avalon Beautification Municipal Service Taxing Unit. AGEND,~ i;rEM ~ F£3 2 q 1998 Executive Summary Bayshore Avalon Beautification Page 2 PREPARED BY: Heidi F. As[{t6n, A~;sistant County Attorney Date REVIEWED BY: David C. Weigel, County ~_t~mey Date h: ',,henni¢~hfaXex summary~-Amend Ord 97-82 Bayshore Avalon Beautification AGEN DA IT. EM. .o .... !;~Cc~) ~cJ 2 ~ 1998 40 41 3 AN OP~D INANCE AM]ENDING ORDINANCE NO. 97-82 . 4 WH I C H CREATED T HE BAY S HOPE AVALON ~ BEAUTIFICATION MUT~ICIPAL SERVICE TAXING UNIT; 6 AM]ENDING SECTION SIX TO CLARIFY THAT M~lqBERS 7 OF THE ADVISORY COMMITTEE ARE P~ '$ RESIDENTS OR COMMERCIAL PROPERTY OWNERS WITHIN 9 THE DISTRICT; PROVIDING FOR CONFLICT AND ]0 SEVERABILITY; PROVIDING FOR INCLUSION IN THE I~ COLLIER COb~NTY CODE OF LAWS AND OP~)INANCES; ]2 PROVIDING FOR AN EFFECTIVE DATE. ]4 WHEREAS, on December 16, 1997, the Board of County ]2 Co~missioners adopted Ordinance Ho. 97-82. which created the ]6 Bayshore Avalon Beautification Municipal Service Taxing Unit; and ]7 WHEREAS, the Board of County Commissioners desires to 18 clarify the composition cf the Advisory Committee. 19 NOW, THEREFORE, BE iT ORDAINED BY THE BOARD OF COUNTY 20 CCMMiSSIONERS OF COLLIER COUHTY, FLORIDA; that: 21 22 SECTION ONE. Amendment to Section Six ,of Ord/nance 23 No. 97-82. 24 25 Section Six is hereby amended Lo read as follows: 26 27 SECTION SIX. Creation of the Bayshore Avalon Beautification 28 Aduisory Ccr~mittee; Appointment and 29 ComDosi % ion. 30 31 A. There is hereby created and established the Bayshore 32 Avalon Beautification Advisory Committee, hereinafter referred to 33 as the "Com~nittee". 34 B. The Co~.unittee shall consist of five (5) members which 35 generally represent the area within the MSTU. Members of the 36 Con~ittee shall be appointed by and serve at the pleasure of the 37 Roard of County Commissioners. Said members shall be permanent 38 residents or owners of commercial property within the MSTU and 39 electors of Collier County. An owner of commercial property may be an individual, an officer of a corporation or a part partnership. The Board shall consider appointment of from different subdivisions er communities within the MS~ 2 3 4 $ 6 ? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ 26 27 28 29 resc~ut~o:, cz t:.e goaza c[ Ccunzy Commissioners, WhiCh reso~u[ion shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO. Conflict and Severability. In tile event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall a~ply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of ccmpetent 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 THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. AG EN DA ITEM No. l CYS) r' 2 f998 2 of Coiller County, Florida this aay o~ , 1998. 9 10 11 12 13 14 16 17 19 20 21 22 23 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COHMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: H'eidi F. Ashton Assistant County Attorney AGENDA IT_EM No. J -:-J 2 !99B EXECUTIVE SUMMARY PETITION NO. DOA-97-3, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING D Y ASSOCIATES JOINT VENTURE, A FLORIDA GENERAL PARTNERSHIP, FOR AN AMENDMENT TO THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT ORDER 84-3, AS AMENDED FOR THE PURPOSE OF ADDING 1,385 ACRES TO THE FIDDLER'S CREEK PORTION OF SAID DEVELOPMENT ORDER, AND COMPANION PLANNED UNIT DEVELOPMENT ZONING REGULATIONS, AND TO ADOPI A NEW MASTER PLAN FOR SAID ADDED AREA .WHILE LEAVING CONSTANT THE CURRENTLY AUTHORIZED NUMBER OF DWELLING UNITS, NAMELY 6,000 FOR THE FIDDLER'S CREEK.PORTION OF MARCO SHORES, SAID ADDITIONAL LAND AREA IS LOCATED IN' SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO PUD-96-42(2) OBJECTIVE: This amendment seeks to modify Development Order 84-3 only as it pertains to the portion of Unit 30 known as Fiddler's Creek by the addition of land (approximately 1,385 acres) to the Fiddler's Creek development and to extend the termination date of the development order by four (4) years and eleven (11 ) months. CONSIDERATIONS: The applicant owns the Unit 30 Fiddler's Creek property (except for approximately 43 acres owned by Southern States Utilities and utilized as part of its wastewater treatment facilities, the 243 acres developed as the Golf Club at Marco, and property previously deeded to the Collier County School Board). The applicant seeks to modify the Development Order and to add portions of Sections 18, 19 and 29, Township 51 South, Range 27 East, consisting of approximately 1,385 acres to Fiddler's Creel:. Although the proposed addition of 1,385 acres of land to Fiddler's Creek is a significant increase in the size of the project, when consider~xt from the standpoint of its environmental and regional impacts, the change is minor and does not constitute a "substantial deviation". The addition of portions of Sections 18, 19 and 29 and the extension of the development order termination date by four (4) years, eleven (I 1) months are the only changes that are proposed. The portion of the additional land that will be developed is already cleared and has been used for more than twenty years to grow row crops. The additional acreage will be used for residential, golf course, open space, lakes, parks and infrastructure. The 6,000 residential units previously approved for the Fiddler's Creek project will not char, ge. No additional residential units or commercial usage are being added to the project. The following table provides the parameters of the proposed change as compared to both the original D.O. (1984) and existing (1996) approved development. ~.~ FEB 2 1998 1 PROPOSED CHANGE~ LAND USE ORIGINAL APPROVED PROPOSED CHANGE FROM DRI (1984) DRI (1996 1997 CHANGE APPROVED Existing DRI D.O.) RESIDENTIAL 9110 UNITS 60'00 UNITS 6000 UNITS -0- COMMERCIAL 47 33.6 33.6 -0- ACRES ACRES ACRES PRESERVES 42 ACRES 243.37 693 ACRES +450 - ACRES ROADWAYS 153.60 117.1! 190.8 + ACRES ACRES ACRES 37.2 LAKES, OPEN 626 ACRES 999.44 1634.5 +635 SPACES, ACRES ACRES ACRES GOLF COURSES, PARKS TOTAL 1666.21 2379 11 3764 +1385 ACRES ACREAGE ' If it were not for technical and legal uncertainties, this Development Order amendment v.,ould be without substance, and clearly a change in keeping with the expressed desires of legislators to reduce density. In terms of open space and recreational opportunities enhancement, both of which are expressed goals of the Collier County Growth Management Plan, this petition, by adopting a new master plan for the expanded area, implicitly accomplishes those goals. The effect of the Development Order amendment reduces the likelihood of the added area being divided into lots independent from Fiddler's Creek to accommodate additional housing sites (i.e. 277 homesites) and in fact may be cited as having the effect of reducing the potential number of building sites in the expanded area of Fiddler's Creek. The Regional Planning Commission took under advisement the NOPC on October 16, 1997. The Council adopted the report of its staff which concluded with a finding that the proposed change does not create additional regional impacts. A cormnunication dated August 25, 1997 advises staff that the Department (DCA) provides notice that it objects to the proposed change because it is inconsistent with the local comprehensive plan. This objection is being responded to by a companion petition further clarifying the issues raised by DCA in its determination. The Collier County Planning Commission heard this petition on February 5, 1998. recormnended approval (7 to 0). Several persons spoke in favor and in opposition this petition./ to FEB 2 4 1998 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommend approval of Petition DOA-97-3 being an amendment to the Marco Shores/Fiddler's Creek Development Order 84-3, as amended, as described by ?/W.,xamended Development Order Resolution and Exhibits thereto. R~./d~ FrlVlNO; AICP DATE CHIEF PLANNER REVIEWED BY: ~-~ E~T J. MULHERE, AICP DATE CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR ~---~:,!"" :'L, .//U,/ (''/ '"" (.." I ,~'4/ ' (.:. x <- -'>-~ ~1 ' VINCENT A. CAUTERO, ADMINISTRATOR DATE ' DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DO^-97-3 EX SUMMARY/md FEB 2 4 1998 $ AGENDA ITEM 7-G MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION CO~VflvIUNITY DEVELOPMENT SERVICES DIVISION NOVEMBER 10, 1997 PETITION NO: DOA-97-3 OWNER/AGENT: Agenl: Mr. George Varnadoe Young, VanAssenderp & Vamadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner and Contract Purchaser: DY Associates Joint Venture 4001 Tam;ami Trail North, Suite 350 Naples, Florida 34103 Principals: Parcel D Development, Inc. and Parcel Y Development, Inc. Owners: Gargiulo P.R., Inc., a Delaware Corp. (All ownership interests included with application) _REOUESTED ACTION; This amendment seeks to modify Development Order 84-3 only as it pertains to the portion of Unit 30 known as Fiddler's Creek by the addition of land (approximately 1,385 acres) to the Fiddler's Creek development and to extend the termination date of the development order by four (4) years and eleven (11 ) months. GEOGRAPHIC LOCATION: The Fiddler's Creek portion of Marco Shores is located east of C.R. 951 with frontage on two disjointed segments of C.R. 951 and extends east a distance of three (3) miles with frontages along U.S. 41 East (East Tam;ami Trail) again on two disjointed sections of U.S. 41 Eas, t. The land area intended by this petition to be added to Fiddler's Creek lies in Section 18, 19 and 29, Township 51 South, Range 27 East, Collier County, Florida (See location map fo I .... :n- .-..-.r.c~.. ~ FEB 2 4 1998 FEB 2 ~ ,...¢ PURPOSE/DESCRIPTION OF PROJECT: The applicant owns the Unit 30 Fiddler's Creek property (except for approximately 43 acres owned by Southern States Utilities and utilized as part of its wastewater treatment facilities, the 243 acres developed as the Golf Club at Marco, and property previously deeded to the Collier County School Board). The applicant seeks to modify the Development Order and to add portions of Sections 18, 19 and 29, Township 51 South, Range 27 East, consisting of approximately 1,385 acres to Fiddler's Creek. The legal description of the property owned by applicant is attached as Exhibit "FC-2". Although the proposed addition of 1,385 acres of land to Fiddler's Creek is a significant increase in the size of the project, when considered from the standpoint of its environmental and regional impacts, the change is minor and does not constitute a "substantial deviation." The addition of portions of Sections 18, 19 and 29 and the extension of the development order termination date by four (4) years, eleven (1 I) months are the only changes that are proposed. The portion of this additional land that will be developed is alreadv cleared and has been used for more than twenty years to grow row crops. The additional acreage will be used for residential, golf course, open space, lakes, parks and infrastructure. The 6,000 residential units previously approved for the Fiddler's Creek project will not change. No additional residential units or commercial usage are being added to the project. The follovdng Figure 2 provides the parameters of the proposed change as compared to both the original D.O. (1984) and existing (1996) approved development. O FIGURE 2 PROPOSED CHANGES I LAND USE OR/GINAL DR/ APPROVED PROPOSED 'CHANGE (1984) DRI (1996 1997 CHANGE FROM Existing D.O.) APPROVED -.. DRI RESIDENTIAL 9110 UNITS 6000 UNITS 6000 UNITS -0- COMMERCIAL 47 ,ACRES 33.6 ACRES 33.6 ACRES -0- ''PRESERVES ,i'2 ACRES 243.37 ACRES 693 ACRES +450 ROADWAYS 15:~.60 ACRES 117.11 ACRES 190.8 ACRES + 37.2 LAKEs, OPEN 626 ACRES 999.44 ACRES 1634.5 ACRES +635 ACRES SPACES, GOLF COURSES, PARKS TOTAL 1666.21 2379.11 3764 +1385 ACRES ACREAGE SOUTHWEST FLORIDA, REGIONAL PLANNING COUNCIl, The Regional Planning Commission took under advisement the NOPC on October 16, 1997. The Council adopted the report of its staffwhich concluded with a finding that the proposed change does not create additional regional impacts. Specifically, the recommendations are as follows: The applicant has provided an acceptable draft mended development order for the Fiddler's Creek project, based on the currently approved Marco Shores DRI. RECOMMENDED ACTIONS: Notify Collier County, the Florida Department of Community Affairs and the applicant that the proposed change does not create additional regional impact and that the amendment must be subject to a finding of consistency with the Local Government Comprehensive Plan by the Collier County Board of County Commissioners. DEPARTMENT OF COMMUNITY AFFAIR,q Request that Collier County provide SWFKPC staff with copies of any development order amendments related to the proposed changes. A communication dated August 25, 1997 advises staffthat the Department provides notice that it objects to the proposed change because it is inconsistent with the local comprehensive plan. Since receipt of this communication, an amendment to the FLUE has been transmitted to DCA which would have the effect of making the change consistent if it is not appealed by the DCA. STAFF REVIEW Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulation that respond to relationships dictated by State Administrative Rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their application for development Approval (ADA). Amendments as described by the NPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submission as part of the NOPC. II. is that information which upon review by the SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts of regional impacts not previously reviewed. This conclusion is essentially one fl~at say~ the changes are of;m insubstantial nature. 1998 If it were not for technical and legal uncertainties, this Development Order amendment would be without substance, and clearly a ch,'mge in keeping with the expressed desires of legislators to reduce density. In terms of open space and recreational oppommities enhancement, both of which are expressed goals of the Collier County Growth Management Plan, this petition, by adopting a new master plan for the expanded area. implicitly certainly accomplishes those goals. Also, the effect of the Development Order amendment reduces the likelihood of the added area being divided into lots independent from Fiddler's Creek to accommodate additional housing sites (i.e. 277 homesites) and in fact may be cited as having the effect of reducing the potential number of building sites in the expanded area of Fiddler's Creek. This statement is made based on the fact that the current Fiddler's Creek land area is authorized at 6,000 dwelling units. Notwithstanding the foregoing, the issue which remains unresolved has to do with the County's ability to approve a DRI Development Order which is inconsistent with the Growth Management Plan. The Collier County Board of Commissioners transmitted an amendment to the GMP specifically providing far reallocating approved dwelling unit authorizations for Fiddler's Creek to the Sections of land included in this amendment petition. Final approval of this action would make this petition consistent with the County's GMP. In view of this condition, this Development Order amendment will be scheduled for the BCC public heating on January 3, 1998, which time frame should be adequate ~[[ determine if the DCA will appeal the amendment to the GMP or otherwise cause its delay. Insofar as the Planning Commission is concerned, the Board of Commissioner's transmittal is for all practical purposes a de facto approval of the amendment to the GIMP. Staff is of the opinion that its advisory opinion may be transmitted to the Board of Commissioners based on sound land use planning theories and the companion role the DRI/DO has to Petition PUD-84-716 STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition DOA-97-3 being an amendment to the Marco Shores/Fiddler's Creek Development Order 84-3 (as amended as described by the amended Development Order Resolution and Exhibits thereto. PRE~D BY: CHIEF PLANNER - FEB 2 4 1998 P~7. 7 -- REVIEWED BY: RO~¥j. mSLfi~.~, ~cP C~NT PLANNING MANAGER VINCENT A. CAUTERO, ADM~STRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number DOA-97-3 StaffRepon for the December 4, 1997 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN RN STAFF REPORT/den/Pet/t/on DOA-97-3 "/'~-I DATE DATE DATE FEB 2 4 1998 ...._~. /o Item #3(b) FIDD!,ER'S CREEK / MARCO SHORES DRI NOTICE OF PROPOSED CItANGE BACKGRO_L!ND The Fiddler's Creek D~v~lopmcnt, or Unit 30, is a portion ora larger Devolopme~ of Regional Impact (known as 'M~o Shores'), loe. aled in southweslern Gollie~ County, snd in the vicinity of Marco Island (se~ Attachment I, "LoCation Map'), The larger DRI is unusual in that it /nolude~ a number of non-contiguous land development areas, which together were the subject of a law suit involving the original dcvcloper, the Florida D~ of Environmental Regulation, the Florida Department of Natural Resources (now both FDEP), the Florida D~t of Community Affairs (DCA), Collier County, and v~rious private consawation organizations. The Setllement Agreement endint the law suit was entered into on July' 20, 1982. On June 12, 1984, thc Collier County Board of County Commissioners approved the DRI Application for "Unit 30, Isle of Capri Commercial And Key Marco (Horr's Island) And Pan of Marco Shores Planned Unit Development" (herea.fl~r known as The Mar~ Shore~ DRI). The original D.O. approved development within three main ~. The areas and development approvals were as follows: 1) Unit 30:9,110 residential units (lximarily multi-family), with parks, recreation areas, schools, utility sit~s, community facilities, churches, ~ and wads; all on 1,645.91 ~) Isle of Capri Commercial Are. a: neighborhood commercial uses (unspecified); locate, z[ on '/.44 nx:res. 3) Key MaxcofHorr's Island: 300 multi-family units, with parks and recreation areas; all on 212.89 a~res. A fourth area, known as The Goodland Marina, was included within the Settlement Agreement, but was not originally part of the DRI. Later changes to the DRI (see below) added a 150-room hotel, restaurm~t and utility site to the Isle of Capri Commerdal Area, reduced *.he number of residential units within Unit 30 to 6,000 units, added a hotel/~ to Unit 30, and combined the marina with the remainder of the DRI. Regional staff beli~ea that th~ enti~ Mawo Sbor~s Devclopmen! is currmfly approved for the following development areas and uses: Unit 30 (approved for 6,000 units, on 1,689.11 acres, with a 33.6-acre commercial area con~ 525;000 square feet of commercial space); b) Isle of Capri (approved for ~ 150-room hotel, accessory uses, a restaurant site and a utility site on 7.44 acres); Horr's Island (aptxoved for 300 units on 212.89 a~s); FEB 2 ,~ 1998 ID: NOV 13'97 11:35 No.O04 P.03 d) B~fi¢ld Bay Multi-Family (approv~ for 314 unita on 49.04 acr~); e) John Slevens Creek (approved for 72 units on 14.54 screw); f) Ooodland Marina ( approved for msrina uses on 15.83 acrm). The Fiddler's Creek portion of Unit 30 is currently under congtmction for thc water matatgemcnt sy~'m, internal mad,, golf cou. r~e ~md clubhou,e. _PRBWIOUS CHANOES Regional staff is uneerlain mgm'ding both the manner in which ,omc portio~ of thc Mm'co Shorea DRI were designated ~ ~q:~te development ,a,e~ m~d ~ to tl~ mount of development that has taken pl~,e in these ~eas. Some ~pmvals for development seean to have ocexm, ed through _,utmirdstr~tive actions that were not tmnsmiUed to the Southwest Florida .Region~l Plmuning Council for recording purposes. These sdminigtr~tive actions were related to ~ D.O. stipulation~ regarding 'fracfiotmliz~tion of tnmts'. The actlor~ allowed the origimfl DKI to be broken up into th~ subdivisio~ lisl~:l above ~nd ~fl~o allowed the Ooodl~nd Mm to be considered ~s part of the DRI. However, the following D.O. ~mendments h~ve been adopted by Collier County. Resolution #84-237, adopted by the Collier County Board of County Commissioners on December 11, 1984. The original Mamo Shore~ Development Order had bccn ~caled by the Florida Deptu'~ent of Community Affair~ (DCA) based, primarily, on traffic concerns. This resolution authorized acceptance, by Collier County, of the Settlement Agreement between the original developer (Deltona Corporation) mad DCA. The mnendment dso contained revi~xl ~rtafion l~ngu~ge wMch: Included ~pecific provirdona for the manner ira which a submmtid deviation determination (NOPC review) could be requested by the Developer. The original D.O. had not included ~x:cific provisiom regarding substantial deviation reviews. bo Included a definition of 'SubmJmtial Impact' on the regional ro~lways impacted by thc Mm'co Shor~l Development (primarily U.S. 41 ~ad S.R. 951). Irmluded a provision recognizing thta the Florida Depm'tment of Trm~port~Xion (FDOT) would require right-of-way fi.om tl~ developer for eXl:Um~ion of U.S. 41 ~axd S.tL 951. Resolution #88-117, approved by lhe Collier County Bo~! of County Comm~ion~ on May 24, 1988, mnended the commercial use~ to bc ~llow~ within the I~lc of C~pri Commercial Area. The Re. solution sllowed a 150-room botel/motel, up to four stories in height, rcstaurants and e.,erlaln ~x:~xy ua~ to be ~ w[thin th~ ~,~ Area. Previously, ~ area ~ beex~ limited to 'Neighborhood Commercial'. The FEB 2 4 1998 for a utility ~r~ 1o¢~ ora the northwe~ comer of the propcrt'y. 'I'tx~ Resolution Mcluded s~cifi~ly W ~e p~. ~e o~ of ~ pro~ Osl~ of ~pfi Ci~c ~iafion) co~H~ ~ not ~gM site cl~ng or Ro~ 9~i. V~ development w~ proMbi~ ~m ~g pla~ ~ ~mplefion of ~e ~ ~d~g. Resolution #89-149, approved on Juno 13, 1989, reduced thc residential unit total for the entire project from 12,340 to 10, :230. The D.O. 'Fractionalizafion o£Tracts" section was amended with mipul~ons regarding actual and potential violations. The entire DRI was limited to 10,001 multi-family units, The norfiar, m golf course within Unit 30 was recogni:,e.d as a hoteUresort ~ Thc owner of Unit 30 was given permission to create a Community Development District for thc sitc. Changes were made to the Unit 30 drainage plan. The developer was allowed to contribute fill, from a designated borrow pit site, for thc expansion of State Road 951, La lieu of traffic impact fee requirements. Internal road comaectioas to S.R. 951 were allowed to be placed on a phasing schedule based on the schedule for improvements to the highway. The County authorized use of the construction entrance road (from U.S. 41) as an emergency aec. ess point. Finally, the developer committed to not constructing a causeway between Unit 30 and Unit 27. Resolution #96-333, approved on July 23, 1996, z~sulted in the 'current' land use approvals, a~ described for Unit 30, atmve. The r~solution reduced the number of residential units in Fiddler's Cr~k from 7,000 to 6,000. The overall r~sidential acreage (and project acreage) was increased by 22.9 acres. The Fiddler's Creek/Unit 30 commercial area was reduced from 43 acres (or 47 ac'res) to 33.6 acrs, and the commercial area was defined as having approval for 325,000 gross sque..ce feet of commercial space. An additional 201.37 acres was added to existing preserve ~creage. Finally, the project's Master Plan was amended to reflect the listed changes. s) Resolmion #96-530, approved on November 26, 1996, Mded 690-acres to Fiddler's Creek, portions of which s. re in Section 13 located adjacent to the northea~ portion of Unit 30. With this addition, the overall acreage of Unit 30 would inereaze from 1,689.11 acres to 2,379.11 acres. No increase in units was requested and as such, the residential density changed from 3.55 units/acre to 2.52 units/acre. This change also increased the lake, open space and golf course use by 293 ax:xes. Finally, the change authorized the developer to seek the establishment of a new community development district under Chapter 190, Florida Statutes, for the Section 13 addition or seek the expansion of an existing community development district for Fiddler's Cre~k. ~OES The developer of Fiddlers Creek (D Y Associates Joint Venture) is reqaesting to add portions of Section lg, 19, and 29, consisting of approximately 1,385 acres to Fiddler's Creek mad the extension of development order termination date by four yea~, eleven months for a total of 34 years eleven months until the year 2019. No additional units or commercial usage FEB 2 4 1998 to l.he project. Total amount of lak~, open apace, golf coupes and parka will increase from the 1996 app~ved plan by 635 ~ 450 acrea will be conaidere~ ~on ~ The additional residential acre~e will result in a reduction in the proj~'~'s &-nsily from 2.52 to 1.6 dwelling AtroVent II show~ the currently approved Master Plan for Unit 30 of the Fiddler's/Marco Shores DRI. Attachment II/ show~ Fiddler's Creek; the proposexl m:lditional Im-u:l area; with a proposed parcel Master Piton. (~HARACTER.. MAGNITUDE, LO~ATION The proposed changes would not affect the charaaer of the DRI; which will remain a largely residential development, with some commemial acreage. Th~ magnitude and location of the DRI would be affected by the proposed changes. The applicant is proposing to add new land area (1,385 am'es) to the DRI. The ~iditional acres would be utilized as a golf coume/residential development, connected to thc c~tly approvod Fiddler's Creek residential development. Lak~ and water management areas would also be included in the proposed amended Master Plan. According to Section 380.06(19)(e)3, ~ (in part): 'Any addition of land not previously reviewed...shall be l:rr~umed to cmat~ a substantial deviation. This presumption may be r~butted by cl~r and convincing cvidencc.' REGIONAL GOALS, RESOURCES OR FACILITIES The proposed addition of land to Fiddler's Creek has the potential to effect five regional goal are~: Wetlands, Stormwatcr Management, Transportation, Hurricane Evacuation and Agricultural Production. The proposed land addition could also potentially impact a Regional Transportation Facility: U.S. 41 (Tamiarni Trail). Wetlands ,and S~rrnwatcr Management The majority of the subject property is currently utilized for agricultural row crop production. According to the applicant's environmental consultant, the proposed development design preserves potential wed&ads in the south half of section 19, incorporates 3 reserves me. as within the site plan totaling approximately 41 acres, &nd a 190 acre reserve on the we~t half of section 29 will preaep."e native vegetation. Approximately 204.5 ~ ofl~kes will be created to provide habitat and recharge functions of greater value. It is anticipated tlmt wetland and upland enhancement, primarily exotic eradication, maintenance, axed monitoring, will be included in the mitigation plan. This change will result in better water nmnagement ~ disbursement of surface water into State owned wethmfis to the south of the Fiddler's Creek DRI. The expansion of thc Fiddler's Creek spreader swale to include the land being Mded, from that approved in the l~m addition of land change, will provide improved w~t~r qu~ity to the water being di~chaxged into :vmt~ owned wedands to the south. Also, Collier County has experienced drainage problems no:.. ,,. ,,'~rt,,c~ FEB 2 4 1998 and has ben ~frdng for years to mitigate or solve tho~ problems. The prov/sion for accepting this drainage and ultinmtely accommodating it hrto the ~ swale disbursement system will ass~ tl~ County in this r~gard, In summary, no ~iitional regional /mpacts regarding wetlands will occur, in fact, the proposed stu'fac¢ water management system should enlmnee thc productivity of both on site md off site wetlands. Regional staff examined the impact of the devcl0pmeni on U.S. 41 by using the Collier County MPO traffic impa~t rnod¢l until the ),ear 2020. The results indicated that the expansion of the development, will have no additional adverse im~ tlong U.S. 41 in the project vicinity. Idurricanc Evacuation Both U.S. 41 and S.tL 951 are Regional Hurricane Evacuation Routes. The latter roadway is one of only two routes between Marco Island and the mainland. Since thc majority of thc Marco Island area experiences flooding in a Tropical Storm, the entire area must be eva~uated in any hurri;anc event. Thc Fiddler's Creek Development is located within the Tropical Storm, Category 1 and Category 2 Storm Surge flooding zones, as delineated by the currently approved Marco Shores Development Order contains a number of hurricane evacuation conditions for Unit 30 (including Fiddler's Creek). Since the developer is not proposing to inerr, ase thc number of residential units in Marco Shores, but is simply proposing to spread the currently approved number of units over a larger area, there should be no ina-ea~ in evacuation impacts. Finally, thc clirrently approved number of residential units within the development is less than the number approved in the original development order. Therefore, thc hurricane evacuation impacts of the DRI should also be decreased. Agricultural Production The following discussion is a reiteration of this issue from the last change for this project in 1996. The conversion of 819 acres farmed upland acres fi'om agricultural production to residential/golf course development will to some degree impact winter vegetable farming in thc southwestern portion of Collier County. The planr,,ed conversion of thil, farmland to residemial uses is consistent with a long-term dccliac of row crop production in the R~gion, in favor of urban uses and, more recently, ,:itrus production. While; given thc R~gion's (and Collier County's) growing population, thc decline of Florida ca'ops dt~ to for~gn competition, and thc rise of the citrus industry in Southwest Florida; such land conversion could be viewed as inevitable, both the Stale Comprehensive Plan and the Southwest Florida Regional Policy Plan contain goals cal]!nE forlhe support and preservation of agricafltuml production in the Region. State Compr~;hensiv¢ Plan Goal 23 reads aa follows: 'Floridn shall maintain and strive lo expand its food, agriculture, omameatal horticulture, aquaculture, forestry, and related industries in order to be a heal'&y ami competitive force in th~ national and internalional marketplace." FEB 2 4 1998 ~,o._ Rcgiorml Ooal 1'1-28 reads ~s follows: · Agricultund production will increase ~md diversify." Thus, thc conversion of f~tnhnd from ~ricultur~fl production tn urb~ uses ~trpeam~ tn be inconsiztcnt ,with both the Sram and Ke/ional Plans in ~is re~pcct. However, a bal~cing act must be performed when considering this goal area in rehition to other Regional and State Ooals. As has been discussed above, the proposed change will trove a positive impact on the surrounding arch's wildlife, wetlands and surf*ce water systems. Furthermore, there appears to be no potential impact on the area's ~rucdon or hurricane evammtion resources. An sAditional balancing point in the opinion of the current landowner (thc agricultural producer) is the fut~e of row crop production onsite is stated ~s being 'economically uncerudn'. Apparently, the current landowner feels thai s bet~ financial return can be derived from selling the property to the applies.ut ths. n c,&n be gained by continuing agricultund production. Finally; according to Collier County staff; the applicant will not immedialely develop the subject property. Development is likely to proceed on previously approved areas of Fiddler's Creek prior to initiation of development on this additional land area. Agricultural production will continue for at least a portion of the time between approval of the Development Order smcndment and property development. Upon cessation of row crop production, the agricultural entity will relocate its gtivities to other properties in Collier County. Regiomfl staff has brought up this issue, in part, because of conflict with a Regiongl Goal and, in part, because of the general need for Collier County (and ell Southwest Florida counties) to consider the overall impact of development to the Region's agricultural production. LocaJ government willingness to -pprove conversion of farm l~nds to urban uses should be balanced by policies encouraging agricultural development in appropriate areas. Such considerations are not specific to mu')' particular development proposal but, rather, relate to growth management as ,~ whole. MULTIJ'URISDICTIONAL ISS~ The Fiddler's Creek Devclopmcnt is located entirely within unincorporated Collier County. It is unlikely that any impacts of ~,e development will directly effect other local government juri~ictions. LOCAL COMPREHENSIYE PLAN CONSISTENCY Thc proposed DILl mncndment will need a local comprehensive phm amcndmem. The comprehensive plan amendment will add language to the AgricultursJJResidenfi,,t Subdistrict to accommodate the DRI amendment. It is anticipmed that because waxer and sewer are ,,vsil~le to t3.e site and because no significant environmental or infrastructure Lmps~ts will occur the comprehensive plan amendment locally should be. acceptable. The DRI amendment therefore is subject to conditional approval based on a find]rig of consistency with the Local Government FEB 2 & 1998 , ID: NOV 15'97 11:$9 No.UUa ~.o~ Comprehensive Plan by thc Collier County Bom'd of County Commi~siomw~. Because no additional regional impacts ar~ anticipat~ thc need for ~,sessrnent of the DKI is ACCBPTANCE OF pKO~OSED D~O. LANOUAGE The applicant has provided an acceptable draft ~e. nded dgvel~m~ orde~ for the Fiddlcr's Creek project, ba~t on the currently approved Marco Shores DKI. RECOM3~NDED ACTIONS: 1. Notll~ Colli~r County, th~ Florida D~rnn~ of Communit~ Affai~ ~nd thc ~pplicant tl~t the proposed ch~m$c do~ not ~ ~lditiond r~giond imp~ ~d thru thc amendment must bc ~ojcct to ,, finding of consi~ncy with th~ Local Oovcmmcnt Compr~hen~iw Plan by th, Collier County Bo~:l of County Commi~ionc'r~. Re. quest tl~ Collier County provide SWFRPC staff with copies of ~ny development order ~nendmcnts r~lated to the proposed changes. FEB 2 4 1998 DAVIS BLVD. A'I"I'hC H ~tICNT I N UV RSTAT£ - 7.5 PROJECT R~ LOCATION GULF OF MEXICO % _LOCATION MAP FEB ~ 4 I O~ 2 4 1998 ID: NOV 15'97 11:~0 No.O0~ P.11 ATTACT{MENT III ATTACHME~;T Iii ATTORN£YS-AT-LAW January 30, 1998 CRAIG R. ~4,'OODV, ARD. MARK J. WOODWARD Ah"THOI~O/P. PIRY~$, JR. $. CHRISI'OPHER I~i)~fBAR[N) STEYEN V. BLOUNT $O[4N A. GARNIrR CARRIE POULOS-I.ADEMAN BURT L SAUNDER$ OF COUNCEL PU~ND-DE LIVERE D George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 JAN 3 0 1998 Dear George: Yesterday I received a fax from Mark Strain requesting that provide you with the names of the principals and shareholders for P~rcel D Development, Inc., and Parcel Y Development, Inc. (both Florida corporations). The directors of both Parcel D Development, Inc., and Parcel Y Development, Inc., are James J. McCarthy, Robert B. Cohen, Shuzo Oshima, and Takashi Sano. All of the stock of both Parcel D Development, Inc., and Parcel Y Development, Inc., is owned by Tomen America Inc. (a New York corporation). The address for all directors and Tomen America Inc. is 1285 Avenue of the Americas, New York, NY 10019. Should you require additional information, do not hesitate in contacting me. Sincerely, h~{'~k.-,~. Woodward MJW:wlh cc: Mr. Mark Strain FEB 2 4 1998 Pr.EASE RESPOND Ti): NA?LES [ _ ,,~l_- FELICfiaN BAV 801 LAUREL OAK DR., SUITE 710, NAPLES, FLORIDA 34108 (941) 566~'-' ~,;'~1) ff,~ ~ 606 BALD EAGLE DR., SUITE 500, P.O. BOX 1, MARCO ISI.AND, FLORIDA 34146 (941) 394-5161 FAX (941) 6~24402 TOT¢::~_ P. 02 PETITION NID4BER DATE APPLICATION FOR PUBLIC B.~JkRING FOR PUD AMENDMENT/DO ~END¥~h~ COPDVK/NITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) D_.Y Associates Jo. int venture PUD 9 6-4 Applicant's Mailing Address 4001 Tamiami_Trail ~'orth, Suit.e. 350 _ City ~aple. e State F!or~da Zip 3410~ Applicant's Telephone Number: Res.: Bus. :(941) 434-2030 Is the applicant the owner of the subject property? Yes X No (a) if applicant is a land trust, so indicate beneficiaries below. and name (b) if applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. __X__ (c) (d) If applicant is a partnership, limited partnership or ocher business entity, so indicate and name principals below. if. applicant is an owner,~= indicate exactly as recorded, ils~ all other owe. ers, ., any. (e) if applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ,,~( (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address b~tow. (c) PrinciDa!s; Parcel D Development. In~. and Pavcel Y DevelQp. megt, Inc. (f) O,,rners: Gar~iulo P.R., Inc.. a Delaware corporatio~ (Option Aqreemel%t attached to.,,,Applicatio,~) 2. Name of Agent George L. Var~adoe Fin.-m Younq, ~an Assenderqs & Vaz-nado¢, P.A. Agents Mailing Address 801 Laurel Oak Drive,.Suite 300 City Naoles State Florida Zip 34108 Telephone Number: Res.: ..(941)597-28%4 Bus.: (941] 597-1060 -1- FEB 2 4 1998 o o PUD ORDINANCE NAME k\~ ~J~RER:Mar¢o ShoTes [84-42, amended 88-48L ~mended 89-3~, amended 96-%2, and amended 96-74) DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVEP~ED BY TEE APPLICATION (If space is inadequate, attach on separate page. If request £nvo!ves change to more than one zoning district, include separate legal description for property involved in each district, if property is odd- shaped, submit five C5] copies of survey [i" to 400' scale]) · THE APPLICA~NT iS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCE.RNiNG 77{E LEGAL DESCRiPTiON, kW ENGINEER'S CERTiFiCATiON SF3J~L BE REQUIKED. SECTIONS 18, 19 and 29 TOWNSHIP 51 South RANGE ~7 East ~!1 of $¢q~on I$, !Yin? Sou~h and weS~ of u,s, ~1 and al! of Sec ~~ add the ~oruh 1/2 of Section 29, To,~nshSp 51 South, Rance_~7 East~ Collier Countv Florida. Address or location of subject property South Collier County, east of_ S.R. 95! and south cf U.S. 4~. o O 7. Does property owner own contiguous property tc the subject propcruy? if sc, 9ire complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). yes, the existin~ F~ddler'$ ~reek PUD. Sec$ions II0 ~3, 14~ 15, 23, 24, 2~ & 33, ?c.~nship 51 Soutk, Range 27 East, Sections !3, 14, i5~ 21, 22~ 23, 24, 27 & 28, Tow~..shiD 51 South, Ranqe 26 East. X A. X B. PuD Document Language A~mendment PUD Master Plan Amendment C. Development Order Language ~mendment DOES AME~N]DYfE~ COMPLY WITH T:-.-E~ COMPREHENSIVE PLA2~': X Yes No of ~ no, exp. lain: We believe the amendment is uD~ecessar¥ bv virtue Interpretation GP-50~-i, the rationaie .pi which is equally ap~l_icable tu ~he Aqricu!tur~i/Rural Desic~nated Area; however, at the re_~ of Plan_nin~_Service~ a formal Commrehensive Plan Ame~dmeDt application hag been filed as a comp.anion tQ~kis~pD!icat~on. SAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN T}{E LAST IF SO, IN WHOSE NAME? ~0, r~t Qn the land b~inq a~d~d; however, thel'e was o~....the exis~i~q Fiddler's Creek PI/D [addition of Section 13) . PETITION ~: PUD-84-7(5) DATE: ~ovember ~6, 1996 -2- FEB Z 4 1998 10. i~3kS A~rY PORTION OF THE PUD BEEN SOLD A.ND/OR X DEVELO.=~ ARE A~/ CHA,N'GES PROPOSED FOR 1-HE A.REA SOLD A.%-D/OR DEVELOPED? Yes. X? No. IF YES, DESCRIBE: (ATTACK .~DDiTiONAL SHEETS iF NECESSARY). AFFIDAVIT i, T. Sano, being first duly sworn, depose and say that I am the President of Parcel D Development, Inc., a partner in D Y Associates Joint Venture, contract purchaser 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 supplemental-f matter attached to and ~%ade a part of this application, are honest and t~=e to the knowi _ ' ' 'i__. ' best of my edce anc me~,~' i uncerstand this amolication must be ccmpieted and accurate before a hearing can be advertised, i further pe_~m...it the undersi~T, ed to act as my representative in any ma~ters regarding this pet~ .. ,. ,..IOrl. T. Sano, ~esidan= Signature of Contract Purchaser Signa tureX~ f Agent Sworn to and subsc~i .... t * day of , 1997 by T. Sano, President of Parcel D Development, inc., who ~ PUBUC, Sm~ of N~ Yo~ No. 01~71195 T~E~~y~,~ Pri~ed Name of Nota~ Publ~ ~c My Commission e~ires: Sworn ~.o and subscribed before me this _,/fh/-/~ day of George L. Varnadoe who is personally known to me.~/ . .., 1997 by ELIZABETH M. D~U..]NGHAM ~ I CC,g2~i~ ~S · .~ 9.19~3 -3- / FEB 2 4 1998I This Instrument Was Prepared By and Upon Recording, Renan To: Martin J. Gcnauex, Esq. Karp & C, cnau~, P.A. 2 Alhambra Plaza Suite 1202 Coral Gables. Florida 33134 2105819 OR: 2236 PG: 0370 HCOIOD i~ O~H¢IA~ llCOll~$ of CO~Illt COOl,T, DO¢-.70 .70 C0~I15 14.00 bfEMORANDUM OF OPTION AGREEMENT ~.~,..,. This MEMORANDUM OF OPTION AGREEMENT (this "Memorandum") is executed this day of October, 1996 by and between GARGI'ULO P.R., INC., a Delaware corporation COptionor"), having an address at 15000 Old U.S. Highway 41 North, Naples, Florida 33963, and MARK J. WOODWARD, AS TRUSTEE ("Optionee"), having an address at 801 Laurel Drive, Suite 640, Naples, Florida 34108. .) WH2EREAS, pursuant to an Agreement of Purchase and Sale dated as of March 5, 1996 between Optionor and Optionee, as amended by Addendum dated as of September 12, 1996 (collectively, the "A~:reement"), Optionor has granted to Optionee an option (the "Option") to purchase five (5) parcels of real property located in Collier County, Florida and more particularly .o. described on Exhibits A-1 through A-5 attached hereto and made a part hereof(each such parcel being hereinafter referred to as a "T~kedown Parcel"); and ~AS, Optionee has requested, and Optionor has agreed, to record this Memorandum in the Public Records of Collier County to evidence the Option. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the patties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Option. Optionor has granted to Optionee the exclusive right to purchase, on the terms and conditions set forth in the Agreement, each of the following Takedown Parcels on or before the date set forth opposite such Takedown Parcel (the "Option Termination D~te"): FEB 2 4 1998 OR: 2236 P(;: 0371 Takedown Parcel Option Termination Date A-1 A-2 A-3 A-4 A-5 December 1, 1997 December 1, 1998 December 1, 1999 December 1, 2000 December 1,2001 3. Termination of Option and Release of Memorandum. In the event that a warranty deed executed by Optionor in favor of Optionee (or in favor of Optionee's permittexl assignee and containing a recitation that such grantee is a permitted assignee of Optionee) transferring title to a partioalax Takedown Parcel (such deed being hereinaaher referred to as an "Acceptable Deed") is not recorded in the Public Records of Collier County, Florida on or before the applicable Option Termination Date, the Option shall automatically terminate with respect to such Ta$:edown Parcel and with respect to any Takedown Parcels not pre,Aously conveyed pursuant to an Acceptable Deed (collectively, the "Remaining Parcels"). Optionee shall have no further right to purchase any of the Remaining Parcels, and the Option shall be null and void and ofno further force or effect with respect to the Remaining Parcels. Ail Remaining Parcels shall be automatically released from this Memorandum without the need for any further written evidence thereof. By way of example only. in the event that an Acceptable Deed for Takedown Parcel A-I is not recorded in the Public Records of Collier County, Florida on or before December I, 1997 and no other Takedown Parcels have bei~~ the conveyed pursuant to Acceptable Deeds, then the Option to purchase all or any of Takedo~]~ Parcels shall thereafter be null and void and of no further force or effect and all of the Takedown Parcels shall thereaPter be automatically released from this Memorandum. 4. Further Assurances. Notwitl~tanding the provisions in Section 3 above and in ~o way intending to nullify said provisions, Optionee agrees to execute such instruments as Optionor may request to further evidence the termination of the Option. 5. Counterparts. Tl-ds Memorandum may be executed in any number of counterparts, each ofwhich shall be deemed to be an original but all ofwkich together shall constitute one and the same instrument. 2 FEB 8 4 199 ! OR: 2236 PG: 0372 IN WITNESS WHE~OF, the undersigned parties have executed tNs Memorandum as of the date set forth above. Signed, sealed and delivered in the presence of: GARGIULO P.R., INC., a Delaware corporation tint Name: Print Name.~.~'ff~et' .a'. By: Name: ltffrey D. Gargiu 1o Title: President Address: 15000 Old U.S. Highway 41 North Naples, Florida 33963 PCm,w/4ame: ~¥nTrt},,I R. , AS TRUSTEE Address: 801 Laurel Oak [)rive Suite 640 Naples, Florida 34108 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ..~ day of October, 1996 by JEFFREY D. GARGIULO, as President of Crargiulo P.k, Inc., a Delaware corporation, on behalf of the said corporation. He is personally known to me or has produced as identification. Notary Public Serial Number, if any FEB 2 4 1998 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER. ) OR' 2236 PG' 0373 The foregoing in.mm~ent was acknowledged before me this ht~day of October, 1996, by Mark J. Woodward, as Trustee. He is personally known to me or has produced as identification. FBI)AT^'~ MJO~I I I?~OPT,I;~ I Notary Public Serial Number, if any 4 FEB Z 4 1998 DEV"ELOPMENT ORDER 98- RESOLUTION 98- A RESOLUTIO,~ A/~ENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER' S CREEK DEVELOPMENT OF REGIONAL IMPACT ( "DRi "; BY PROVIDING FOR: ;~ME,';DMENTS 70 SECTION I RELATING TO GENERJ~L LAI~D USE INFORMATION CONCERNING THE DEVELOPMENT; A.MENDMENTS TO SECTION 2 RELATING TO ~'INDINGS OF FACT REGARDING THE LEGAL DESCRIPTION AND GENEP.~ LAND USE INFOR,~3~TION; A~MENDMENTS TO SECTION 4 RELATING TO PROJECT DEVELOPMENT A~:D RECREAIICNAL FACILITIES TO SHOW A NEW REFERENCE TO THE F~.STER ~3~ENDMENTS TO SECTION 4 RELATi~G TO WATER SUPPLY AND TREATMENT DISTRIBUTION TO REFERENCE T}{E FIDDLER'S CREEK A~DDITION; AMENDMENTS TO SECTION 4 RELATING TO MAINTENA/~CE FACILITIES TO REFERENCE THE FIDDLER'S CREEK A~DDITION: AMENDMENTS TO SECTION 7 RELATING TO THE LENGTH OF TIME THE DEVELOPMENT ORDER iS EFFECTIVE TO EXTEND SAME; ;~MENDMENTS TO SECTION 13 RELATING TO THE MASTER PLA/~ TO REFERENCE THE A,MENDED MASTER PLA/:; FINDINGS OF FACT; CONCLUSiO:~S OF LAW; A~'~D EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TPJ~4SMITTAL TO DCA A/4D EFFECTIVE DATE. WHEREAS, 951 Land Holdings Joint Venture (hereinafter "Seve!oper") submitted a Notice cf Proposed Change for the Marco ShoresP~an.._~' -~ Unlt Development, "-'-~.... .~,~ and .~t"'-ioned- th~_ Bgard of County Commissioner Cs!!ier CDun~'/, Florida ts amend the :.'.arcs _Chores Ee'.'elc~r. ent Crder, Collier Csunty 2eve i c.~men t 5rder ~4-3, as prevlcusly amended Resolutions 84-237, 58-117, %9-149, 96-333, and 96-530 cn!y wi-.h respect to tke Un;t 3~ .~ort;c.-, cf the :.',arcs Shores Ee'.'e!cp,-,ent Order; WHEREAS, E~','~icL~r_ _ . - d~s'res- . ts add apprcx;.-,,ately 1,385 acres ~.~ .~and lall cf Sect;ch I~ iy'-n? ssu'.h and '*'est of U.S. 41. all of Sectlcn 19, .%r.d the ::sr'.h ~ cf Sectlcn 2~-, Township 51 South, Range 27 East, -~ .......... : .............. s Creek pcrt~c.~. of th~ Marco S?;sres iR ; and WHEREAS, the 1,3~5 acres cf land to be added to Fiddler's Creek th'.s amendment as descrlbed above, together ','~th the 690 acre pre'.'ious addition to Fiddler's Creek ~n Sec=ion 13, Township 51 South. .Range 26 East, are collec~.lveiy '_~-~d the . c- ..... ~n Marco Shores PUD and mav hereinafter referred to as the "Fiddler's Creek Addition"; and WHEREAS, this amendment ls only intended ~o amend Development Order 84-3, a ~ previously amended, as it relates to Fiddler's Creek. NOW THEREFORE BE iT RESOLVED, by the Board of County Commissioners, Collier County, Florida, tha~: SECTION O~E: ~NDMENTS TO DEVELOPW~E~"T ORDER A. Untitled Section I cf Development Order 84-3, as amended, for 5he Marco Shores/Fiddler' s Creek DRI is hereby amended to read as follows: Section I. That this Resolution shall constitute an amendment to the Development Order Issued by Collier County in response to the ADA filed by Deltona, previous Notices of Proposed Chang andN~.~~ of Proposed Change filed by the Developer for a portio~ of Unit 30, which FEB Z 4 1998 is a component of Marco Shores, a Planned Unit Development, Isle of Capri/ Co~,~ercial Area and Key Marco (Horr's island). The Fiddler's Creel portion of Marco Shores shall consist of 2J7~.II ~,7~4 acres, 6,000 dwelling units, 33.6 acres of 'Business', open space, golf courses, lakes and preserves as set forth herein, and shall be known as Fiddler's Creek, a Planned Unit Development. The scope of development to be permitted pursuant to this Order includes operations described in the ADA, prior amendments approved for the development, changes approved herein and the supporting documents which by reference are made a part hereof as composite Exhibit B. B. Section 2 of Development Crier 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, containing Findings of Fact, :s hereby amended to read as follows: Section 2. That the Board cf County Ccr.m:ss~cners, havin~ recel'.'ed -. .... e,,.e~ s ha-zlnu recelved al~ related cc~r. ents, testimony and evidence submitted by each party and ~er~bers of the general public, finds tha~ there is substantial competent evidence to support the following findings cf fact: A. That the real property which is the subject of t~c ;.D;. ,~$ De...e!cument Order e4-3. as a-,e .... d. i ........ the Fiddler's tree Addition is legally described as set forth in Exhibit "A", ~%d £xhiblt 5oKi acrc tract, which &~c ls attached hereto and by reference ~ade a ~art _~-~,c r co f hereof. B. The application is in accordance with Section 380.06(19) Florida Statutes as modified by the Marco Agreement. C. The applicant submitted to the County an ADA known as composite Exhibit B, and by reference made a part hereof, to the extent that ~-%¥e~- crc ic ~$ not inconsistent with the te~s and conditions of chis o:'der. D. The applicant proposes the development of Fiddler's Creek, Isle of Capri Co~ercial Area and Mott's Island all of which are a part of the Marco Shores P~. Fiddler's Creek consists of 2379.11 3.76{ acres: 3900 multi-family Units, and 2100 single-family dwelling units for a total of 6,000 dwelling units at a gross density of 2.52 %~ units/acre; business ~ections; sices for parks; recreation areas; Collier County School Board proper~y; u~i].ity facilities: co~ity facilities; words und~rlin=d are addition~; words AGENDA 2 1998 preservation areas; and lakes; and roads. Isle of Capri Commercial Area previously designated for neighborhood commercial uses has been amended by the Board of County Commissioners to permit a 150 room hotel with accessory uses and restaurant and utility site. Horr's Island is 212.89 acres, 300 multi-family dwellin9 units at 1.41 units/acre with parks and recreation area. E. The Development is consistent with the report and recommendations of the SWFRPC. F. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. G. A comprehensive review of the impact generated by the development has been conducted by the County's departments and the SWFRPC. H. The de-/e!cpment is not in an area designated an area~ of critical state concern pursuant to the provisions of Section 380.06~, F!cr2Ja Statutes, as amended. i. The development is consistent with the land development regulations of collier County. C. Section 4 of Development Order 84-3, as amended, for the Marco Shores/F~ddler's Creek DRI, at Paragraph D, Subparagraph 1, entitled "Project Development and Recreational Facilities" is hereby amended to read as follows: I. Project Development and Recreational Facilities: The proposed construction shall comply With all standards set for%h and the resulting ccmpiete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosiDn control and other similar-in-function facilities shall be taken to acco{nplish the above set forth objectives. Recreation facilities showTn on Exhibit "C" and Fiddler's Creek Exhibit "~C C". "FC-A", Master Development Plan, shall be provided and completed in timing with the adjacent residential units and as specified in the PI/D document. The northern golf course in Fiddler's Creek was constructed by a resort hotel corporation. This course is used primarily for the recreational use of their guests. Secondarily, residents of Fiddler's Creek will have access to this course on an as-space-is-available basis, and the public may have similar Word~ und~rlln~d &r~ &ddi[ion~; word~ :~r~=~ ~hrc~k · e del~'i 3 FEB 2 998 access, The southern and eastern golf courses in Fiddler's Creek shall be constructed when feasible to serve the surrounding residential units. The southern golf course and recreational facilities shall be privately owned facilities and constructed on the designated sites in conformance with the development needs of the project. NeigD~orhood parks, bike trails, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for subsequent donation to the County as part of the development plan are two community facility sites. The school sites specified in Development Order 84-3 have been dedicated to the collier County and previously accepted by The Collier County School Board. Developer has traded property outside of Fiddler's Creek to the School Board for some cf the property owned by the School Distric: in Fiddler's Creek. ~;eigt~orhood Parks will be dedicated to the Homeowners Association or Community Development District upon their completion in conformance with the development schedule of the project. The Co.qTnunity Facilities Sites in Fiddler's Creek will provide a loca%ion for the construction of public facilities, which may include a sheriff's sub-station, fire station, library site and emergency medical services. These Community Facilities Sites will be dedicated to the County at the County's request. D. Section 4 of Deve!cpmen% Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI. a~ Paragraph D, Subparagraph 6, entitled "Water Supply and Treatment and Distribution' is hereby amende~ ts read as follows: 6. Water Supply and Treatment and Distribution a. The County Water-Sewer District through its Regional Water System shall be the sole provider and purveyor of water to those portions of the development lying within any non-franchised areas. b. All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance witk current subdivision requirements and Utilities Division standards for constr~ction. Words underlined are &dditionsJ ~ords s4~-~4~-~q~%~ 4 FEB" ,, 4 1998 c. All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer Dis%riot prior to being placed into service. d. All water users in the non-franchised areas shall he C~u~ty customers. e. Prior to the Issuance of building perm-its for new water demanding facllities, the applicant for the building permit shall pay all appropriate system development charges applicable at the time application for the building per, nits are made. f. Collier County shall supply potable water ser¥ice to Fiddler's Creek. Wells may be constructed in Sections 22, 23 and 24 of Township 51 South, Range 26 East in Fiddler's Creek an$ ~ Fiddler's Creek Addition 5o provide non-potable water for irrigation as permitted by the South F!or!da Water :~anagement District. E. Sec%ion 4 of Deveicpr, ent Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, at Paragraph D, Subparagraph 15 entitled "Maintenance Paci!ities" cf is hereby amended to read as follows: 15. :<aintenance Facilities: a. Developer has petlticned for, and the Florida Land and Water Adjudlca%ory C~r, missisn has established, a community development district created under Ch. 190, Fla. Stat., for the Fiddler's Creek area as it existed prlor [o the addi[lon of the ~n~. ~crc ~ ...... Section 13} ~ddler's Creek Addi~ian. The Developer may petition for the creation and establishment of a separate community development district pursuant to Chapter 190, Fla. Stat., for Sccticn I~ ~he Fiddler's Creek Adair.ion or the developer or district may petition to expand the existing Community Development District, pursuant to Ch. 190, Fla. Stat., to inq~ude said Cootie; 13 Fiddler's Creek Addition, at i=s option. Within areas incorpf~rated therein, any Community Development District serving Fiddler's Creek will own and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and systems, facilities and services: (1) kny drainage facilities and right-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2] The water management systems within Fiddler's Creek, including lake and lake£hcre maintenance; Words undo[lined are additions; words s~ruck =kr=u~h ar FEB 4 1998 (3) Internal neighborhood parks shall be dedicated to the Fiddler's Creek Homeowners Association or the Community Development District for ownership and maintenance; (4) Certain recreational amenities and facilities which are not ow~ned and operated by the Developer, other private interests or individual condominium associations; (5) Street lighting, and; (6) Such other common areas, projects, systems, facilities and services which are desired by the landowl/er or residents of the Fiddlers Creek Community Development District but which are not available through other local government or private enterprise and which are defined or authorized by Ch. 190, Fla. Stat. Chapter 190 Fla. Stat. grants community development districts created and established thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and non-ad valorem special assessments, borrow money and issue bonds. The Developer has the responsibility for the election of the mentbers of the Board of Supervisors of the Fiddler's Creek Community Development District until it is turned over to the residents as provided under Chapter 190 Fla. Stat. (b) Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-Family Area: A community association (the "Key :<arco Community Association") will be set up by deed restriction. The c',T. ers cf ali property on Horr's Island and along the entranceway to Horr's island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key Marco Community Association will own and will have the responsibility for operating and maintaining the foil. owing common areas and facilities: (1) The entranceway co Horr's Island, including any security system; (2) The roadway from County Road 92 to Horr's Island and all internal streets and roads on Horr's Island, including all drainage condominium facilities that are not the responsibility of individual associations; (3) Parks and recreation areas; Wgrds underlined are additions: words ~ are 6 - No. ~ let ionz~. FEB z 4 15 8 (4) Street lighting; (5) The historical preservation site and Indian mounds on Horr's island, including the public dock and access-way to the Captain Horr house (the Key Marco Co,-mmunity Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and {7) Such other community areas and facilities which are desired by the resident of Horr's Island but which are not available through local government or private enterprise. c. Isle of Capri Commercial Area: Roads in this area either already exist and are being maintained by the State or county or they 'w~il be dedicated to the County at the time of platting. Ail ccr. mon areas and facilities .will be the responsibility of the individual commercial owners and operators of the Isle of Capri Commercial Area. F. Section 7 of Development Order 84-3, as amended, for the Marco Shores/Fidd!er's Creek DRi, specifying the length of time the development order is effectlve, is hereby amended to read as follows: Section 7. That this Order shall remain in effect for a period of thirt'z'-f~u7 i24) it,! 7'ears elcv~n ~ongb~ from the effective date of this Development Order. ~ny development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. G. Section 13 of Development Order 84-3, as amended, for the Marco Shores/Fiddler's Creek DRI, relating to the Fiddler's Creek Master Plan is hereby amended to read as follows: S(~ction 13. The Marco Shores/Fiddler's Creek DRI Development Order (Resolution 83-4, as amended), is hereby amended to add the Fiddler's Creek Master Plan attached hereto and incorporated by reference herein as Exhibit SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of this Development Order, including the Fiddler's Creek Addition is legally described as set forth in Exhibit 'A", attached hereto and by reference made a part hereof. AGEND~ ~o. ~re dele~lo~s' words underlined are additions; words 7 FEB 2 4 1998 ,, p;. 3 A B. The application is in accordance with Section 380.06{191, stores- Florida Statutes. c. The applicant submitted to the County a Notice of Change to a Previously Approved DRI, marked as Exhibit 'B", and by reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Marco Shores including a portion of the area now to be kno'w-n as Fiddler's Creek on 1,689.11 acres of land for a commercial and residential development described in Development Order 84-3, as amended. E. A comprehensive review of the impact generated by the prcposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Cr~t:cal State Concern pursuant to the provisions of Section ]80.05, Florida Statutes, as amended. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order as presented do not constitute a substantial deviation pursuant to Section 380.06(19) , Florida Statutes. The scope of the development be permitted pursuant to this Development Order Amendment includes~ cperations descrlked in the ~;otice of Change to a Previously Approved DRI, Exhibit 'B', by reference made a part hereof. B. The prcpcsed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the ob]ectlves of the adopted State Land Development Plan applicable to the area. D. The prcposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan, as amended, and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. are deletiona. FEB 2 1998 pg. _3 ? SECTION FOUR: EFFECT OF PREVZOUSL¥ ZSSt~D DEVELOP~ ORDER° TRA~SHZTTAL TO DCA AN'D EFFECTIVE DATE, A. Except as amended hereby, Development Order 84-3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Ccm. zunity Affairs, Bureau of Local Planning , and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Chairman Approved as to form and legal sufficiency: Marjor~e M. Student Assistant County Attorney Words underlined are additions; words AGENDA iTEI,,4~ *~/ · FEB g 4 ]998 Pg...~____~__ EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1 A parcel of land located In Sections 11, 14, 15, 22, 23, 24,' and 25 all being in Township 51 South, Range126 East, Collier County, Florida, being more particularly described as follows: I I BEGIN at the Nodheast comer of Secllon 22, Township 51 South, Range 26 East, Collier County, Flodda; the.nco run North 88'58'51" West, along the North line of Ihe Northeast 1/4 of said Sec[ion 22, for a distance of 2738.26 feet to the North 1/4 comer of said Section 22; thence run Nodh 00'18'43" East, along the East line of the Southwes~ 1/4 of said ~ection 22, for a distance of 695.28 feet, Thence run N. 88'58'11" W. for a dista.nce of 1422.07 feet to a point on the Eastedy right-of.way line of State Road 951, a 200.00 foot right-of-way; thence run South 02'29'39" West, along the Easterly right-of-way line of State Road 951, for a distance of 2232.43 feet; thence run South 86'54'19" East for a distance of 1322.20 feet; thence run South 89'27'22" East for a distance of 125.79 feel; thence run South 80'38'36" East for a distance of 86.82 feel; thence run South 48'57'39" East for a distance or 143.49 feet; thence run South 22'36'28' East for a distance of 101.19 feel; thence run South 07'16'34' East for a distance of 159.01 feet; thence run South 22'27'03" East for a distance of 80.97 feet; thence run South 51'50'53" East for a distance of 124.40 feet; thence run South 74'04'40" East for a distance of 144.06 feet; thence run South 85'45'26" East for a distance of 187.62 feet; thence run Nodh 82'02'11" East for a distance of 108.47 feet; thence run North 28'53'36" East for a distance of 104.27 feet; thence run Nodh 10'28'56" East for a distance of 87.33 feet; thence run Nodh 46'09'57" East for a distance of 161.84 feet; thence run Nodh 68'40'14" East for a distance of 191.80 feet; thenqe run Nodh 79'08'54' East for a distance of 121.22 feet; thence run South 87'33'02" E~st for a distance of 275.68 feet; thence run South 85'38'34" East for a distance of 196.37 feet; thence run South 87'39'51' East for a distance of 185.04 feet; thence run South 87'21'43" East for a distance of 105.83 feet; thence run Hodh 85'51'57" East for a distance o~. 86.75 feet; thence run South 87'50'25' East for a distance of 53.97 l'eet; thence run South 43'21'06' East for a distance of 98.83 feet; thence run South 39'51'17' East for a distance of 55.10 feet; thence run South 12'45'05" East for a distance or 48.21 feet; thence run South 54'17'48' East for a distance of 252.73 feet; thence run Nodh 55'30'51' East for a distance of 83.75 feet; thence fJn North 74'56'13" East for a distance of 64.15 feet; thence run South 82°07'55· East for a distance of 60.59 feet; thence run South 51"36'21' East for a distance of 159.30 feet; thence run South 00'11'44' West for a distance of 120.56 feet; thence run South 02°12'06· West [or a distance of 186.85 feet; thence run North 80'34'08" East for a distance of 106.80 feet; thence run South 77'52'52' East for a distance of 122.93 feet; thence run North 85"11'20' East for a distance of 115.84 feet; thence i'un South 73'31'25' East for a distance of 106.53 feet; thence run North 78'58'26' East for a distance of 51.97 feet; thence run North 05'41'54" East for a distance of 125.98 feet; thence run North 01"41'54' East for a dlstance of 77.72 feet4 thence run'No~'~ 15'43'51' East for a distance of 184.05 feet; thence run North 21'55'44' East for a distance of 141.05 feet; thence run North 23°51'20- East for a dtstanc4~ of 142.54 feet; thence ~ North 53'4'7'38" East for a distance of 116.07 feet; thence run North 88'01'~ East for a distance cf 145.07 feet; thence run North 38'00'59" East for a dL, of 369.42 feet; thence run Horth 39'43'19' East for a distance of 299.43, fe thence run North 44'48'34' East for a distance cfi 108.44 feet; thence run I 74°20'58" East for a distance of 101.17 feet; ther, ce run North 77°28'10- E~ a distance of 117.54 feet; thence run Nodh 41°29'16- East for a distance o Lance ~ FEB 2 4 [odh st for (t) feet; thence run North 16'25~45' East for a distance of 68.07 feet; thence run North 32'16'13' East for a distance of 99.28 feet; thence run North 56'07'35' East for a distance of 115.20 feet; thence run North 22'53'12" East for a distance of 132.57 feet; thence run North 34'55'40' East for a distance of 81.02 feet; thence run North 67'14'28" East for a distance of 68.26 feet; thence run North 76'07'18" East for a distance of 77.37 feet; thence run South 86'19'59' East for a distance of 263.41 feet; Jhence run South 14'15'46" East for a distance of 83.69 feet; thence run South 23'J~8'59" West for a distance of 58.61 feet; thence run South 56'50'17' West for ~ distance of 141.77 feet; thence run South 48'14'20' West for' a distance o1' 110.87 feet; thence run South 46'59'04' West for a distance of 86.08 feet; thence run South 24'17'17" West for a distance of 78.68 feet; thence run South 59'03'57' East for a distance of 32.26 feet; thence run South 76'14'25' East for a distance of 287,~4 feet; thence run South 87'00'56' East for a distance of 151.16 feet; thence run,South 68'28'26" East for a distance of 115.50 feet; thenceTun South 45'13'2'/." East for a distance of 112.77 feet; thence run South 18'34'02' East for a distance of 220.03 feet; thence run South 21'18'16" East for a distance of 172.00 feet; thence run South 18'33'08" East for a distance of 163.52 feet; thence run South 76'44'26" East for a distance of 125.93 feet; thence run North 74'26'22" East for a distance ctr 115.09 feet; thence run Nodh 47'34'17" East for a distance of 55.95 feet; thence run North 12'06'43" West for a distance of 69.72 feet; thence run North 31'18'44" West for a distance of 100.54 feet; thence run Horth 16'36'57" West for a distance of 133.88 feet; thence run North 09'53'00" East for a distance of 213.52 feet; thence run North 48'28'23' East for a distance of 119.96 feet; thence run North 87'30'26" East for a distance of 33.64 feet; thence run South 32'37'51' East for a distance of 138.09 feet; thence run South 40'52'24" East for a distance of 125,01 fee[; thence run South 39'17'22" East for a distance of 115.06 feet; thence run South 62'18'24' East for a distance of 145.81 feet; the0ce run South 61'21'50" East for a distance of 121.40 feet; thence run South 5g'49'44" East for a distance of 115.57 feet; thence run South 74'50'34' East for a distance of 94.71 feet; thence run North 24'24'43" East for a distance of 91.83 feet; thence run North 40'52'29" East for a distance of 247.62 feet; thence run North 40'23'40" East for a distance of 276.26 feet; thence run North :~9'53'20' East for a distance of 411.53 feet; thence run South 58'1:~'26' East for a distance of 962.09 feet; thence run South 19'09'18' East for a distance of 96.31 feet; thence run South 08'45'22' West for a distance of 121.08 feet; thence run South 13'25'07" West for s distance of 159.04 feet; thence run South 20'02'48' West for a distance of 189.88 feet; thence run South 57'19'10' West for a distance of 559.88 feet; thence run Sou'th 77'05'05" West for a distance of 327.57 feet; thence run South 43'14'14' West for a distance of 401.58 feet; thence run Nodh 66'08'10' West for a distance of 54.49 feet; thence run South 64'07'14" West for a distance of 44.31 feet; thence run South 48'23'22' West for a distance of 35.08 feet; thence run South 11'10'06' West for a distance of 174.79 feet; thence run South 04'12'55' West for a distance of 151.70 feet; thence run South 00'26'51' East for a distance of 131.06 feet; thence run South 07'57'23' East for a distance of 52.02 feet; thence run South 05°32'11- East for a distance of 73.70 feet; thence run South 39'42'25' West for a distance of 60.13 feet; thence run South 75'24'24' West for a distance of 513.63 feet; thence run North 71'25'16' West for a distance of 78.08 feet; thence run Nodh 54'31'46' West a distance of 292.73 feet; thence run North 36'53'16' West for a distance of 8 feet; thence run North 75'02'38' West for a distance of 101.42 feet; thence ru North 58'07'21' West for a distance of 145.39 feet; thence run North 63'16'5; West for a distance of 100.64 feet; thence run North 70°16'01- West for a d[sl of 52.57 feet; thence run Nodh 78°18'47- West for a distance of 139.12 feet; thence run North 88'18'46' West for a distance oi' 118.58 feet; thence run So O1' 1.54 No ~ ,ncFEB 2 4 199f rth 78'25'37' West for a distance of 120.58 feet; [hence run South 70'42'34" West for a distance of 58,35 feet; thence run South 54'33'15' West for a distance of 236.73 fee[; thence run South 01'33'17' West for a distance of 304.71 feet; thence run South 30'08'16' East for a distance of 194.40 feet; thence run South 01'31'06' West for a distance of 139.28 feet; thence run South 24'09'25' East for a distance of 317.35 feet; thence run South 07'39'57' East for a distance of 618.63 feet; thence run South 05'14'32~ East for a distance oi' 48.49 feet; thence run South 86'37'33' East for a distance of 144.20 feet; thence run North 74'58'46' East for a distance of 84.50 feet; thence run North 89'49'58" East for a distance of 166.94 feet; thence run North 54'40'25' East for e distance el 155.08 feet; thence run South 87'04'16" East for a distance of 183.90 fo'et; thence run South 75'30'01' East for a distance of 292.,~6 feet; thence run South 74'07'29" East for a distance of 164.37 feet; thence run North 53'12'13' East for a distance of 77,41 feet; thence run North 71 '22'37.T. East for a distance oi' 85.20 feet; thence run South 85'53'26" East for a distance of 92.10 feet; thence run South 83'23'30' East for a distance of 128.98 feet; t'hence run North 68'54'10' East for a distance of 100.70 feet; thence run North 55'32'22' East for a distance of 148.01 feet; thence run Nodh 32'25'17" East for a distance of 235.05 fee[; thence run North 33'14'22' East for a distance of 199.06 feet; thence run North 48'38'03' East for a distance of 111.62 fee[; thence run Nodh 40'09'31' East for a distance of 96.63 fee[; thence run North 18'03'03' East for a distance of 285.56 feet; thence run Nodh 58'55'34" East for a distance of 367.04 feet; thence run South 72'39'46' East for a distance of 90.19 feet; thence run South 68'05'01' East [or a distance of 88.10 feet; thence run South 32'29'50" East for a distance of 134.26 feet; thence run North 58'20'15" East for a distance of 1006.12 feet; thence run North 08'49'07' East for a distance of 12.1,76 feet; thence run North 86'01'20" East for a distance of 76.03 feet; tlmnco run South 6~'56"~1' Easi for a distance of 62.99 feet; thence run South 62'22'55' East for a'dlstance of 61.06 fee[; tlmnce run South 28'55'42" East for a distance of 96.72 fo'et; thence run South 07'05'01" East for a distance of 98.49 feet; thence run South 20'24'01' West for a distance of 97.27 feet; thence run South 64°30'14" East for a distance of 119.77 feet; thence run Nodh 42'57'49" East for a distance of 68.57 feet; thence run North 19'23'04" East for a distance of 158,14 feet; thence run North 75'28'14' East for a distance of 446.92 feet; thence run North 06'56'07' East for a distance of 178.75 feet; thence run Hodh 66'12'10" West for a distance o1' 63.59 feet; thence run Nodh 71'24'18' West for a distance of 123.29 feet; thence run North $0'53'00" West for a distance of 112.15 feet; thence run North 16'04'21' West for a distance of 86.40 feet; thence run North 28'52'24' East for a distance of 62.66 feet; thence run North 09'42'26' East for a dl~tance of ~1,21 feet; thence run North 88'57'04' East for a distance of 137.g6 feat; thence run South 51'15'23' East for a distance of 66.g8 feet; thence run South 57'59'46' East for a distance of 90.38 feet; thence run North 83°57'39' East for a distance of 185.60 feet; thence run South 69'53'36' East for a distance off 103.27 leer; thence run South 33'27'20' East for a distance of 47.82 feet; thence run South 01'07"i1' East for a distance of 176.02 feet; thence run South 57'10'59' East for a distance of 90.42 feet; thence run South 5~'52'00' East for a distance of 215.96 feet; thence run South 40'50'50" East for e dlsiance of 100.90 foe[; [hence run South 01°41'10'' West for a distance o1' 221 55 feet; thence run South 44'25'43' East for a distance of 177.22 feet; thence run South 57'17'08" East for a distance of 194.66 feet; thence run South 49'41'29' East foe a distance of 234.47 feet; thence run South 51'45'12' East for a d[stanc of 285.65 feet; thence run South 48'45'39' East for a distance of 77.27 feet; thence run South 55'26'25' East for a distance of 87.85 feet; thence run Nodh 83'37'01' East for a distance of 54.43 feet; thence run North 59'38'02' Easl, for a distance of 133.38 feet; thence run North 86'08'02' East for a distance of 77.4 AGEN! No. FEB 2 4 1998 (3) feet; thence run South 67'01'55" East for a distance.of 118.58 feet; thence run South 45'08'14" East for a distance of 2560.69 feet; thence run North 29'52'54' East for a distance of 85.21 feet; thence run North 27'30'00" East for a distance of 86.22 feet; thence run North 25'35'58" East for a distance of 48.08 feet; thence run North 21'40'44' East for a distance of 96.89 feet; thence run North 69'44'52' West for a distance of 38.61 feet; thence run South 75'26'58' West for a distance of 151.66 feet; thence run I~orth 0g'04'17' West for a distance of 117.55 feet; th.e,n, ce' ~,n North 12'06'14'.East for a dlslance of 74.75 feet; thence run North 46 0343 East fora dlstar~ce of 74.51 feet; thence run North 12°46'58' West for a distance of 32.83 feet; thence run Nodh 19'55'33' West for a distance of 74.92 feet; thence run South 32'11'57' West for a distance of 65.42 feet; thence run South 69'25'44' Wes[ for a distance of 67.2'[ fee[; thence run North 65'02'17' 'West for a dlstance o: 75. .5 lee ; t,?? North 85'16'33' West for a d s ance of 109.50 feet; thence run South 69 4824 West for a distance of 95.29 feet; thence run North 31 '09'56~ West for a distance of 62.54 feet; thence run North 01°12'06' West for a distance et 153.58 feet; thence run Nodh 36'23'56' East for a distance et 106.80 feet; thence run North 10'55'24" West for a distance of 140.47 fee[; thence run North 22'37'48" East for a distance of 51.15 feet; thence run North 37'19'10" East for a distance of 162.48 feet; thence run Nodh 19'33'02' East for a distance of 118.95 feet; thence run North 08'08'12" East for a distance of 108.72 feet; thence run North 04°59'51' West for a distance of 137.15 feet; thence run North 20'30'53' East for a distance of 147.93 feet; thence run North 03"45'25' East for a distance of 148.33 feet; thence run Nodh 17'32'07" West for a distance et 160.04 feet; thence run North 15'13'39" West for a distance of 140.97 feet; thence run North 00'05'49' West for a distance of 73.02 feet; thence run North 25°39'35' East for a distance of 96.53 reel; Ihence run North 59'22'21' East for a distance of 73.73 fee[; thence run South 40'21'41~' East for a distance of 52.95 feet; thence run South 01'53'33' West for a distance of 116.69 feet; thence run South 82'33'24' East for a distance of 120.72 feet; thence run South 63°38'53' East for a distance cf 64.07 feet; thence run South 44'52'32- East for a distance of 54.42 feet; thence run South 10'29'59" East for a distance of 79.18 feet; thence run South 37'18'09' West for a distance of 50.11 feet; thence run South 29'46'39' West for a distance of 75.80 feet; thence run South 25'22'43' West for a distance of 103.06 feet; thence run South 10'56'20" West for a distance of 105.37 feet; thence run South 10'07'11' East for a distance of 107.10 feet; thence run South 42'29'24' East for a distance of 116.91 feet; thence run South 08'16'17' West for a distance of 34.66 feet; thence run South 60'16'31' West for a distance of 106.48 feet; thence run South 23'42'39' West for a distance of 130.40 feet; thence run South 08'54'48' East for a distance of 85.19 feet; thence'run South 20'36'43' East for a distance of 62.59 feet; thence run South 85'18'35' East for a distance of 164.23 feet; thence run South 88'28'10" East for a distance of 201.60 feet; to a point on the East line of Section 24, Township 51 South, Range 26 East, Collier County, Ftodda; thence run North 00'15'28' East, along the East line of said Section 24, for a distance of 4476.41 feet to the t,lortheast comer of said Section 24; thence run North 88'58'55' West, along the North llne o1' the Nodheast 1/4 of said Section 24, for s dtstance of 2713.71 feet to the North 114 comet of said Section 24; thence run North 88'59'02' West, along the North line of the Nodhwest 114 of said Section 24, for a distance of 2713.25 feet to the comer of sald Section 24; thence run North 00'25'53' West, along the East llne: of the Southeast 1/4 of Section 14, Township 51 South, Range 26 East, for a dlst~ 2749.82 feet to the East 114 Comer of said Sectio."t 14; thence continue North 00'25'53' West, along the East line of the Southe est 114 of the Northeast 114 said Section 14, for a distance of 1:~74.91 feet to the Southeast comer of the Nodheast 1/4 of the Northea~ 1/4 of said Sectlon 14; thence run North 88'20'C nce of FEB 2 1998 West, along the South line of tt~e East 112 of the Northeast 1/4 of the Northeast 1/4 of said Section 14, for a distance of 692.50 feet to the Southwest corner of the East 1/2 of tim Northeast 1/4 of the Northeast 114 of said Section 14; thence run Nodh 00'20'11" West, along the Wes[ line of the East 1/2 of the Northeast 1/4 of the Nodlmast 1/4 of said Section 14, for o distance 1377.88 feet to tho Northwest corner of tim East 1/2 of tho Nodlll~ast 114 of the Nortlmast 1/4 of said Section 14; Llmncu run South 88'04'59" East, along the North line o[ the East 1/2 of tile Nodheas[ 1/4 of the Northeast 114 of said Section 14, for a distance of 690.34 feet to the Northeast corner of said Section 14; thence run North 01'00'45" East, a~ong the Eastline of the Southeast 114 of Section 11, Township 51 South, Range 26 East, for a distance of 2749.58 feet to. the East 1/4 corner of said Section 11; thence continue North 01'00'45" East, alon'g the East line of the Northeast 1/4 of said Section 11, for a distance of 559.15 feet to a point on the Southerly right-of-way line of U.S. Highway No. 41 (Tamiami'Traii), a 200.00 foot right-of-way; thence run North 54'21'15" West, along the Southerly right-of-way line of U.S. Highway No. 41, for a distance of 1244.99 Feet; thence run South 01'14'40" West for a distance of 100.00 feet; thence mn North 88'45'20" West for a distance of 10.00 teat; thence run South 01'14'40" West for a distance o[ 293.15 feet; thence run North 54'21'15" West for a distance of 400.00 feet to a point on the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 11; thence run South 01'14'40' West, along the West line of the Southeast 1/4 of the Northeast 114 of said Section 11, for a distance 1062.83 feet to the So'uthwest corner of the Southeast 1/4 of the Nodheast 1/4 of said Section 11; thence run South 01'14'30" West, along the West line of the E~st 1/2 o[the Somheast 1/4 of said Section 11, for a distance of 2745.91 feet to the Southwest corner or the East 1/2 of tho Southeast 1/4 of said Section 11; thence run South 00'14'31" East, along the West line of the Northeast 1/4 of the Northeast 1/4 of said Section 14, for a distance of 1380.85 feet to the Southwest corner of the Nodheast 1/4 of the Northeast 1/4 of said Section 14; thence run North 88"20'10" West, along the South tine of the North 1/4 of said Section 14, for a distance of 4154.87 feet to the Southwest corner of the Northwest 1/4 of the Nodhwest 1/4 of said Section 14; thence run Nodh 89'13'52" West, along the North line of the South 1/2 of the Northeast 1/4 of Section 15, Township 51 South, Range 26 East, for a distance of 2738.98 feet to the Northwest comer of the South 1/2 of the Northeast 114 of said Section 15; thence run South 00'18'43" West, along the West line of the South 1/2 of the Nc;theast i/4 of said Section 15, for a distance of 1392.96 feet to the center of'said S~ction 15; thence run South 89'06'35' East, along the South line of the Northeas; 114 of said Section 15, for a distance of 2739.04 feet to the East 1/4 comer of said Section 15; thence run South 00'19'46' West, along the East line of the Southeast 1/4 of said Section 15, for a distance of 2787.36 feet to the Southeast comer of said Section 15 and the POINT OF BEGINNING; containing 1687.5109 acres, more or Jess. AND Parcel 2 A parcel of land located In Section 24, Township 51 South, Range 26 East, Collier County, Flodda, being more particularly described as follows: COMMENCE at the Northeast comer of Section 24, Township 51 South, Rani Collier County, Fiodda; thence run South 00'15'28' West, along the East line said Section 24, for a distance 4679.59 feet to the POINT OF BEGINNING et of land herein described; thence run North 72'12'44' West for a distance of 8 feet; thence run North 69'28'32' West for a d'.slance of 94.14 feet; thence ru~ South 85'05'50' West for a distance of 80.86 feel; thence run Soulh 78'39'4; AG£NI ,e of the~q~ 4 1998 West for'a distance of 79.41 feet; thence run South 46'52'35" West for a distance of 76.78 feet; thence run South 54'05'10" East for a distance of 62.53 feet; thence run South 81'19'02' East for a distance of 71.38 feet; thence run North 88'47'42' East for a distance of 97.52 feet; thence run North 83°27'32' East for a distance ot' 84.68 feet; thence run North 84'27'57' East I'or a distance of 82.73 feet; thence run North 00'15'28" East, 91ong the East line of Sect[on 24, for a dlslance of 43.22 feet lo the POINT C~ BEGINNING; containing 0.779 acre, more or tess. AND Parcel 3 A parcel of land located Ir~Sectlon 24, Townshlp 51 Soulh, Range 26 East, Collier County, Florida, being m~e particularly described as follows: COMMENCE at the Northeast corner of Section 24, Township 51 South, Range 28 East, Collier Counly, Florida; thence run South 00'15'28' Weal, along the East line of said Section 24, for a distance 4790.92 feet lo the POINT OF BEGINNING oi' the parcel of land herein described; thence run North 86'15'35' West for a distance of 52.39 feet; thence run South 56'39'23" West for a distance of 67.01 feet; thence run South 12'30'16' West for a dlslance of 74.05 feet; thence run South 07'47'40" East for a distance of 77.35 feel; thence run Soulh 16'03'58" Easl for a dlslance of 121.00 feet; thence run South 34'56'39' East for a distance of I36.99 feet; thence run Nodh 00'15'28' East, along the East line of said Section 24, for a distance 410.92 feet to the POINT OF BEGINNING; containing 0.824 acre, more or less. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO DELTONA UTILITIES, INC., (C/O SOUTHERN STATES UTILITIES, INC.) AS RECORDED IN OFFICIAL RECORDS BOOK 1483, PAGE: 497 TO 499, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: Parcel No. 7 That certain parcel of land, lytng In 8ecUons 24 and 25, Townshlp 51 South, Range 26 East, Collier County; Florida, belng more particularly described es follows: Commence at the Northeast boundary comer of said Section 24, thence along the East boundary of said Section 24 South 00°15'28" West a distance of 4,476.41 feet to a point on said boundary; thence leaving said East boundary North 88'28'10' West a distance of 201.60 feet; thence North 85'18';~5' West a distance of 164.23 feet; thence North 20'38'43' West a distance of 62.59 feet; thence North 08 '54'48" West a distance 'of 85.19 feet; thence North 23'42'3~' East a distance of 130.40 feet; thence North {~0'16'31' East a distance et' 10(~.48 feet; thence North 08'18'17" East a distance of 34.66 feet; thence North 42'2g'24" West a distance of 116.91 feet; thence North 10·07'11· West a distance of 107.10 feet; thence North 10'56'20' East a distance of 105.37 feet, thence North 25°22'43' East a distance of 103.06 feet; thence North 29'46'39' East a distance of 75.80 feet; thence North 37'18'09' East a distance of 50.11 feet; thence North 10'29'59' West a distance of 79.18 feet; thence North 44'52'32' West e distance of 54.42 feet; thence North 63'38'53' West a distance of 84.07 feet, thence Nortt 82'33'24' West a distance of 120.72 feet; thence North 01'53'33' East a dista 116.69 feet; thence North 40°21'48- West a distance of 52.95 feet to the POIb BEGINNING of the parcel ef land hereinafter described; thence 8outh 59'22'2' distance_of 73.73 fee[; tl'Lence South 25°39,35- West e distance of 95.53 feet ~ thence south 00'05'4g' East · distance of 73.02 feet; thence South 15'13'39' or !40.g7 feet; thence 80uti1 17°32'07· East a dlstar ce of 150.04 feet; thence: 03 48'25' West a dlslance of 148.33 feet: thence South 20°30'53· West a dis ..... AG T · West a ~6.83 Calculated3: asF£&$ a 4c i998 )outh ance of Z///4/ (6) .___.Pg. 147.93 feet; thence Soulh 04'59'51' East a distance of 137.15 feet; thence South 08'06'12' West a distance of 108.72 feet; thence South 19'33'02" West a dislance of 118.95 feet; thence South 37'19'10' West a distance of 162.48 feet, thence South 22°37'48. West a distance et 51.15 feet; thence South 10'55'24' West a distance of 140.47 feet; thence South 36°23'56' West a distance of 106.80 feet; thence South 01'12'06' East a distance ot' 153.58 feet; thence South 31'09'56" East a distance et 62.54 feet; thence North 6J)'48'24" Easl a distance of 95.29 feet; thence South 86'16'33' East a distance ~3f 109.50 feet; Ihence South 65'02'17" East a distance of 75.05 feet; thence North 69'25'44" East a distance of 67.21 feet; thence North I 32°11'57' East a distance of 85.42 feet; thence South 19'55'33' East a distance of 74.92 feet; thence South 12'46'58 East a distance el' 32,83 feet; thence South 46'03'43' West a distance of 74,51 feet; thence South 12'06'14" West a distance of 74.75 feel.; thence South 09'04'17" East a dI~J[ance of 117.55 feet; thence Nodh 75'26'58" East a distance c~f 151,66 feet; thence So~th 69'44'62' East a distance of 38.61 feet; thence South 21'40'44' West a dlslance o1'96.89 feet; thence South 25'35'58" West a distance of 48.08 feet; thence South 27'30'00" West a distance ot'88.22 feet; thence South 29'52'54" West a distance el 85.21 feet; thence Nodh 45'08'14" West a distance of 2,560.69 feet; thence North 00'15'28" Eas[ a distance of 265,00 feet; thence South 89'44'32' East a distance of 375.00 feet; thence Nodh 84'04'19" East a distance elr 149.18 feet; thence Nodh 79'01'56" East a distance of 484.64 feet; thence Nodh 61'23'47' East a distance of 447.94; thence South 89'44'32" East a distance et' 264.73 feet; thence South 00'15'28" West a distance of 141.70 feet to the POINT OF BEGINNING. Containing 43.00 acres, more or less. LESS AND EXCEPT THEREFROM PROPER'T'Y CONVEYED TO THE SCHOOL BOARD OF C ,N~P. COUNTY, FLORIDA, AS RECORDED iN OFFICIAL RECORDS BOOK 1495, PAGES 384,385 A 387, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: That cedaln parcel of land lying In and being a par1 o~' Sections 23 and 24, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast comer el' said Secllon 23; thence run Nodh 88'58'53' West, run South 39'46'43' West a distance of 711.68 feet; thence run South 50'13'17' East a distance of 1,515.63 feet; thence run South 39'46'43" West a distance of 1,050.00 feet; thence run South 50'13'17" East a distance of 50.00 t'eet to the POINT OF BEGINNING of tile parcel of land hereinafter described; thence continue South 50"13'17' I~ast a dlslance of 739.75 feet; Ihence run North 39'46'43" East a distance of 706.62 feet; thence run Nodh 50°13'17" West a distance of 739.75 feet; thence run South 39'46'43" West a distance of 706.62 feet to the POIHT OF BEGINNING. Containing 12.00 acres, more or less. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1755, PAGE 361, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: All that part of the Northeast 1/4 of Section 15, Township 51 South, Range 26 East, Cotller County, Florida and being more particularly described as follows; Commencing at the Southwesterly most comer of Championship Drive, Marco Shores Unit 30 Golf Course, Plat Book 17, pages 98 lhrough 103, Collier County, Florida; thence along the Southerly line of said Championship Ddve South 89'13'53' Ee feet to the Point of Beginning of the parcel herein described; thence continue al 89'13'52' East 109.79 feet; thence leaving said line South 00'18'43" West 153. thence North 86'07'06" Wes[ 110.00 feet; thence Nodh 00'18'43" East 147.96 feet to the Point of Beglnnlng. Containing 0.38 acres, more or less. LESS AND EXCEPT ALL THAT PORTION OF GOLF COURSE PARCELS 1, 2, 3 AND 4 'MARCO SHORES UNIT 30 GOLF COURSE~AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 17, AT PAGES 98, THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 243.96 ACRES, MORE OR LESS Subject to easements, reservations or restrictions oi' record. Net Property Acreage = 1380,7739 Acres, More or Less. I 1' Beadngs shown hereon refer to the North line of the Northeast 1/4 of Section 22, Township 51 South, Range 26 East, Collier County, Florida, as being Nodh 88'58'51" West. Property Description for Parcel 1 Is composed entirely from that cedaln map titled MARCO SHORES UNIT 30 BOUNDARY MAP created by the Deltona Corporation- Dept. of Real Estate Services In July 1989 and revised November 20, 1989 and again September 24, 1991 as provided by Gulf Bay Development Inc. and has been prepared without benefit of survey. Property Descd¢lons for Parcels 2 and 3 are based on Exhlblt"A" of the SPECIAL WARRANTY DEED as recorded In Official Record Book 1011 Page 144 Et. Seq. of the Public Records of Collier County, Florida and has been prepared without bonefit of survey, These descriptions of all Parcels shown hereon are Intended only as representations of specific dale In the above referenced documenls and not Intended as cedlflcaUon of actual field Iocatlons. FEB 2 4 1998 COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CO MONUMENT) , TOWNSHIP 51 SOUT FLORIDA RUN N ~o--,-- H_ RANGE 26 E~o~ .... NCRETE FOR 6~4 6~ ~--%~-3s" w ~OR 1465,24 FEE~.~,~'~.,~u~.?IER COUnTy, · - ~'=".z' aLK~NG THE EAST~.~hv ~v~,,~ -, ~,_~=a~E N 02029,06" . 951; THENCE S 88o58,47 ..... ~unz-OF-WAY LINE OF STATE ROA~ " E FOR 1439.23 FEET; ~ENCE S o , FOR 695.29 FEET TO SAID SOUTH QUARTER CORN ~ ,~ .~0 20 25" W THE WESTERLY 17 FEET OF THE HEREIN DE ~,~E~_f~S_~D EXCEPTING PURPOSE OF ROA~ RIGHT-OF,WAY AS SHOWN IN O.R. B~K 001166, PAGE S~zo=u ~aKC~L OF ~ FOR THE 001070, PUBLICRECORDS OF COLLIER COUNTY, FLORIDA. [22.9 acres] ALL OF SECTiONi13' TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THA' PORTION LYING NORTH AND EAST OF U.S. HIGHWAY 41, COLLIER COUNTYO FLORIDA. [Secti6n 13 - 690 acres], D~LL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION 19 AND THE NORTH 1/2 OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [1,384.72 acres] FEB 2 4 1998 p,. (9) FORM RPM-BSP-PROPCHA/~GE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, FL 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned authorized representative of D Y ASSOCIATES JOINT VENTURE, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning Fiddler's Creek, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. 'ibAte -- ~signa~hre~ Fiddler's Creek NOPC - 1 EXHIBIT "B" FEB 2 998 o o 0 Applicant (name, address, phone). Parcel D Development, Inc., a Florida corporation and .Parcel Y Development, Inc., a Florida corporation jointly d/b/a D Y ASSOCIATES JOINT VENTURE, a Florida general partnership 4001 Tamiami Trail North, Suite 350 Naples, Florida 34103 (941) 434-2030 Authorized Agents (name, address, phone). George L. Varnadoe Young, van Assenderp and Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 Location (City, Ccunty, Township/Range/Section) of apnrcved DRi and prcposed change. Approved DRI location: Sections 11, 13, 14, 15, 21, 22, 23, 24, 26 & 33, Township 51 South, Range 27 East; Sections 13, 14, 15, 21, 22, 23, 24, 27 & 28, Township 52 South, Range 26 East. N.O.P.C. location: Ail of Section 18, lying South and West of U.S. 41 and all of Section 19 and the North 1/2 of Section 29, Township 51 South, Range 27 East, Collier County, Florida. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Fiddler's Creek NOPC - 2 FEB 2 4 1998 FIDDLER'S CREEK BACKGROUND INFORMATION Collier County's Development Order 84-3 was contemplated by, and was issued as a result of a comprehensive "Settlement Agreement" between the Deltona Corporation, various agencies of the State of Florida, Collier County, and various environmental groups which resolved controversy and pending litigation concerning the magnitude and extent of Deltona's development in and around the Marco Island area. The Settlement Agreement was entered into by both the Department of Community Affairs and the Department of Envirorunental Protection, along with other parties, on July 20, 1982, and resulted in the preservation of extensive wetland areas in perpetuity. The Settlement Agreement specified a modified DRI process for some of the "development areas." In accordance with the conditions of the Settlement Agreement, Deltona Corporation applied for, and on June 12, 1984, was issued Development Order 84-3 for Marco Shores DRI. Development Order 84-3 encompassed three (3) separate non-conti~uous developments, na~nely: Unit 30; Isle of Capri Commercial Area; Horr's Island. Attached hereto as Exhibit "FC-I" is a location map showing the Fiddler's Creek project in southwestern Collier County, within Unit 30. PREVIOUSLY APPROVED CHANGES TO D.O. This amendment seeks to modify Development Order 84-3 only as it pertains to the portion of Unit 30 known as Fiddler's Creek by the addition of land (approximately 1,385 acres) to the Fiddler's Creek development. Since 1984, the Development Order, as it pertains to Fiddler's Creek (Unit 30), has been amended three times: in 1989 (Resolution 89-149), and twice in 1996 (Resolutions 96-333 and 96-530). The current proposed change, to add 1,385 acres to Fiddler's Creek, with no change to the number of approved dwelling units, is consistent with the trend established by the previous approved changes that have resulted in reduced density of dwelling units at Fiddler's Creek in conjunction with a significantly increased amount of preservation area and lakes, open space and recreational uses. Figure 1 below is a chart detailing the approved changes since the original 1984 Development Order, including the proposed 1997 changes to Fiddler's Creek. Fiddler's Creek NOPC - 3 FEB 4 FIGURE 1 CHANGES TO FIDDLER'S CREEK (Unit 30) APPROVED A/qD PROPOSED Orig 1989 INC. 1st INC. 2nd INC. 1997 INC. TOTAL 1984 CHANGE or 1996 or 1996 or NOPC or CHANGES D.O. DEC. NOPC DEC. NOPC DEC. DEC. ACRES 1666 1666 0 1689 +23 2379 +690 3764 +1385 .2098 RESIDENT- 9110 7000 -2110 6000 -1000 6000 0 6000 0 -3110 IAL UNITS UNITS/ 5.5 4.2 -1.3 3.5 -0.7 2.5 -1.0 1.6 -0.9 -3.9 ACRE COMM. AC. 47 47 0 33.6 -13.4 33.6 0 33.6 0 -13.4 PRESERVE 42 42 0 243 -201 243 0 693 +450 +651 AC. LAKES/OS/ 626 626 0 706 +80 999 *293 1634.5 +635.5± +1009.5~ GOLF ..~ In su/nmary, while almost 2,100 acres of land have been added to the project, over 1,650 of these additional acres have been/or will be devoted to open space (as defined above) or preserve area. In addition, the density has been reduced by over a third and the conunercial acreage decreased. 1997 N.O.P.C. The applicant owns the Unit 30 Fiddler's Creek property (except for approximately 43 acres owned by Southern States Utilities and utilized as part of its wastewater treatment facilities, the 243 acres developed as the Golf Club at Marco, and property previously deeded to the Collier County School Board). The applicant seeks to modify the Development Order to add portions of Sections 18, 19 and 29, Township 51 South, Range 27 East, consisting of approximately 1,385 acres to Fiddler's Creek. The legal description of the property owned by applicant is attached as Exhibit "FC-2". Although the proposed addition of 1,385 acres of land to Fiddler's Creek is a significant increase in the size of the project, when considered from the standpoint of its envirorunental and regional impacts, the change is minor and does not constitute a "substantial deviation." The addition Fiddler's Creek NOPC - 4 FEB 4 i ,S8 of portions of Sections 18, 19 and 29 and the extension of the development order termination date by four (4) years, eleven (11) months are the only changes that are proposed. The portion of this additional land that will be developed is already cleared and has been used for more than twenty years to grow row crops. The additional acreage will be used for residential, golf course, open space, lakes, parks and infrastructure. The 6,000 residential units previously approved for the Fiddler's Creek project will not change. No additional residential units or commercial usage are being added to the project. The following Figure 2 provides the parameters of the proposed change as compared to both the original D.O. (1984) and existing (1996) approved development. FIGURE 2 PROPOSED CHANGES LA/TD USE ORIGINAL DRI APPROVED DRI PROPOSED 1997 CHANGE (1984) (1996 Existing CHANGE FROM D.O.) APPROVED DRI RESIDENTIAL 9110 UNITS 6000 UNITS 6000 UNITS -0- ~M24ERCIAL 47 ACRES 33.6 ACRES 33.6 ACRES -0- ~RESERVES 42 ACRES 243.37 ACRES 693 ACRES +450 ROADWAYS 153.60 ACRES 117.11 ACRES 190.8 ACRES +37.2 LAKES, OPEN 626 ACRES 999.44 ACRES 1634.5 ACRES +635 %CRES SPACE, GOLF COURSES, PARKS TOTAL 1666.21 2379.11 3764 +1385 ACRES ACREAGE (a) The changes to the plan of development can be visualized best by comparing Exhibit "FC-C" which is the approved Master Plan, with Exhibit "FC-3", which depicts the proposed Master Plan. The revised Master Plan shows the addition of residential acreage, (no increase in the number of units) an additional golf course, open space, lakes, and parks. (b) There is no change proposed to tbs phasing of the development, as a phasing schedule was not adopted as part of the original Development Order. The Settlement Agreement does Fiddler's Creek NOPC 5 FEB 2 4 1998 not include phasing as an issue that was to be addressed in the ADA. (c) Applicant is proposing to add 1,385± acres to Fiddler's Creek. This property is immediately east of the approved Fiddler's Creek project, south of U.S. 41. The legal description of this 1,385 acre tract is attached as Exhibit "FC-4". The vast majority of the acreage has been marginally productive as agricultural land, is cleared and has been faz/ned actively with row crops for more than twenty (20) years. Attached as Exhibit "FC-5" is an aerial photograph taken in 1996 showing an outline of the tract to be added to Fiddler's Creek by this proposed amendment. This photograph clearly demonstrates the existing agricultural uses on Sections 18 and 19 and a portion of Section 29 that are proposed to be added to Fiddler's Creek. (d) There are no significant regional impacts. Attached as Exhibit "FC-6" is an Environmental Impact Statement (EIS) for the tract to be added to Fiddler's Creek. There are no regionally significant functioning wetlands on this tract that will be adversely affected by the addition of the acreage to Fiddler's Creek. A survey of the tract for protected species did not find any State or federally-listed wildlife or plant species on the site. In addition, the absence of any significant regional impact resulting from this addition is demonstrated by the following points: The cleared farmland that is being added is part of the same farming operation that included the Section 13 (690 acres) land that was added to Fiddler's Creek as a result of the 1996 NOPC. The amount of non-potable water used by Fiddler's Creek on this land will be substantially less than the permitted water withdrawal that is currently authorized for the existing farming operations. The proposed change does not include any increase in cemmercial usage, nor does it increase the number of approved residential units. The addition of residential acreaqe will result in a reduction in the project's density from 2.52 to 1.6 dwelling units per acre. The proposed change will result in the preservation of an additional 450 acres. The proposed change will result in an additional 400 acres of lakes, open space and golf course use. The proposed change will result in better water management and disbursement of surface water into State owned wetlands to the south of the Fiddler's Creek DRI. The expansion of the Fiddler's Creek spreader swale to Fiddler's Creek NOPC 6 FEB 4 1 98 0 include the land being added (see Exhibit FC-3) will provide improved water quality to the water being discharged into state owned wetlands to the south. In addition, Collier County has experienced drainage problems north of U.S. 41 and has been attempting for years to mitigate or solve those problems. The provision for accepting this drainage and ultimately accommodating it into the spreader swale disbursement system will assist the County in this regard. There is no increase in the number of approved residential units. No change is proposed to the approved access points to U.S. 41, so with no change in approved units, there will be no increase in the number of automobile trips generated by the project and no change in the allocation of those trips on regionally significant road segments. Therefore, there will be no adverse impact on the regional transportation system, nor on hurricane shelter space requirements and evacuation times in comparison to the previously approved DRI Development Order. Attached as Exhibit "FC-7" is a su~nmary traffic study prepared by David Plummer & Associates. The area that is proposed to be added to Fiddler's Creek is within the water and sewer service areas of central utility providers and within the Collier County Water/Sewer District. There are no listed plant or wildlife species found on site and there will be no adverse envirorunental impacts resulting from the proposed master plan. (e) An extension of the termination date by four (4) years, eleven (11) months is proposed, which is by statute, not a substantial deviation. (f) There are several minor changes to the Development Order which are necessary to effectuate the proposed changes to the Fiddler's Creek plan of development. A copy a the proposed amendment to the Development Order, with changes highlighted, is attached as Exhibit "FC-8". There are no Development Order or ADA conditions or requirements being changed. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Fiddler's Creek NOPC 7 AG o ~ FEB g 4 1998 THIS CHART RELATES ONLY TO THE I/NIT 30/FIDDLER'S CREEK PORTION OF THE DRI O TYPE LAND US Attraction/ Retreat %irports ospitals )F I CHANGE ,~ CATEGORY PROPOSED ORIGINAL PREVIOUS D.O. PLAN PLAN CHANGE & DATE  N/A N/A t drainage, ROW,  N./A N/A _______J ~e~.:r.a~ ~?css sq.ft ~ ~ark!nc szaces ~ Gates Apron area(gross sq.ft.I Site iccat:cnal chan~es Airpcrt acrea=e, incluflin9 dra~na=~ RSW, easer, ents, ~ Ex~erna! 'vehicle trips D.O. csnditicns I ADA representa.~ions # Beds N/A N/A ..... # Parking spaces Building (gross sq.f[.) -----~ Site locational chances Acreage, including drainage, ROW, easements, etc. # .External vehicle trips , D. O. conditicns Fiddler's Creek NOPC - 8 AGEN_D/A No. /~C/~'7| FEB 4 ]998 ~ TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O LA.N'D USE CATEGORY PLAN PLAN CH~GE & DATE ADA representations Industrial Acreage, including N/A N/A drainage, ROW, easements, etc. ~ Parking Spaces Building (gross sq.ft.) # Employees Chemical Storage Cbarrels and lbs.) _ Site !cca%icna! chan~es ~ Ex%erna~ vehicle ,, 2 C. Mining Acreage r!xej l.,,earl NAA N/A Operations Water wlthJrawal ~a!/~ay) ~ ~ Size cf ~.ine Iacres~ , inclu~in~ dralxa~e, RiX Sf:e lcca%:cna' chanFes = External veh~cie 2. O. ccnli:icns ~ re~resentatlcns Office Acreage, inclu~in9 N/A N/A drainage, -as ....... ~S, etc. building fgrcss s~.ft.) ' # Parking spaces # Employees ,., Site locaticnai changes ~ External vehicle trips _ D. O. conditions _ ADA represent&%ions Pmtroleu_m/ Storage capacity N/A N/A Chemfcal $~,rage , (barrels and/or lbs.) Fiddler's Creek NOPC 9 FEB 4 1998 P TYPE OF I CHANGE PROPOSED ORIGINAL PREVIOUS D.O.--~ LAND USE CATEGORY PLAN PLAN CHANGE & DATE Distance to navigable waters (feet) Site locational changes Facility acreage, including drainage, ROW, easements, etc. ~ External vehicle trips D.O. ccnditions ADA representations Ports (Marinas) # boats, wet stcrage N./A N/A = boats, dry stcrage Petrcieum stcrage ¢cals.) Si[e lccaticna! changes drainage, ROW, easements, etc ~ External '.'ehicle :r:~£ D.O. ccnditlcns IAEA .... e ....... Residential I ~ Eweilln~ '~nlts :~C '' - ...... ~ ...... (Res. No. $4-237) t4ay 24, I (Res. Nc. 86-117) I June 13, 19~9 Res. ~:o. ~9-149) Reduced density to 7000 D.U.) July 23, (Reduced density to 6000 units; 2100 SF and 3900 MF) ~ Lots NO CFg~NGE NOT SPECIFIED Acreage, inc. drainage, N/A NOT SPECIFIED N/A ROW, easements, etc. Site locationa] changes See Exhibit See original See Exhibit "FC-3" M.P. "FC-C' adopted 11/26/96 # External vehicle trips NO CFJ~NGE 58,463 vehicle 41,524--- , trips/day* Fiddler's Creek NOPC - i0 F£8 2 4 ]998 ~ TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O. LAND USE CATEGORY PLAIN PLAN CHANGE & DATE D.O. ccnditions See answer to Ques. 5 and attached proposed D.O. Amendment W~nolesale, Acreage, including NO CHA,NGE 47.00 33.6 Retail, Service drainage. ROW, 7/23/96 easements, etc. Floor space (gross NO CHJ~;GE 383,988,* 325,000 ,. sq.ft.) 11/26/96 ~ Parking spaces N/A N/A N/A ~ £r~!cyees N/A N/A N/A Si-~,_ [crat:cna~. chances~ .,~"~ CF~2;GE interior 7 Parcels ...... ~-~"-~! !ccaticn for to 3 and 2 if ccr, r, ercial mo'/ed parcels icca%icn 11/26/9~ -x ..... =. ','eh;c~e tr!~s I.~ 2. C.. condltlcns NC ~tel/Motel_ ~ .;~-ta1 ..... Un,ts .,~.-~ CE~;GE 150 ~!ocr space sq.ft.! = Pai'kin~ ~'aces : Emp!c?'ees I Acreage, inci,.~~ d~'a~nage, ~rsemeR~.s, , ~ E>:tcrnal vehic]? .... trips [_.0. conditions DA representar~icns R.V. ~&rk Acreage, includSng N/~ drainage, ROW, easements, etc. ~ ~ Parking,sPaces Fiddler's Creek NOPC - 11 TYPE OF CH~;GE PROPOSED ORIGINAL PREVIOUS D.O.~ LA/;D USE CATEGORY PL~: PL~ CH~:GE & 2AVE Buildings (gross sq.ft.) ~ Employees Site locational changes ~ External vehicle trips D.O. conditions ADA represen%aticns Open Space (all Acreage 1(34.5 614.20 July 23. 1596 natural and increased to vegetated) 705.88 November 26, increased to 999 I Site 'csat:cnal chan~es See EXH. FC-3 See EXH. i T.,~ -~ c~_n s~a~e 12~ 8 ac/~ark 35 ac/parks Ne';ember 2~ 71( 7 ac/ 256 ac/lakes 23.89 ac/parks lakes 323.2 ac/rec. 430.$2 ac/'akes 109 ac/ 545.53 buffers ac/rec/co!f .... ~{~ 4 ac/ non-impervious Z C. surfaces) Preservation, Acreage {93 ac 42 acres/ Jul}' 23. i~9~ - Buffer or preserve 243.37 acres/ Special preser','e Protection Areas cit" locatlcnal ~a~=~s Cee ~'~u FC-3 Eeve!c~ment cf si%e ~ro~csed i t D. O. condl~icns ,,, ; ADA :'epresentatlcns *F~r ADA. [Southwest Florida Regional Planning Council staff assessment of 53,282 trips] [difference in part may be due to assignment of part of "business" acreage to office, as opposed to retail by Southwest Florida Regional Planning Council staff]. **Not in Development Order, found in Southwest Florida Regional Planning Council staff analysis of ADA. ***External vehicle trips are for entire project, to be consistent with prior submittals. A copy of the updated traffic analysis is attached as Exhibit "FC-7". FLddler's Creek NOPC - 12 ****Does not include 11 acre Club Center, which is active recreation area. AGENI~ FEE) ~ 4 1998 List all the dates and resolution numbers (or. other appropriate identification numbers) of all modifications or amendmenns to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There has been no change in local government jurisdiction for any portion of the development. Development Order 84~3 encompassed three separate non- contiguous developments, namely: Unit 30; Isle of Capri Commercial Area; and Horr's Island. This amendment only seeks to modify Development Order 84-3 as it pertains to Unit 30/Fiddler's Creek. The followin9 is a list of the previous amendments to Development Order 84-3, as it relates to Unit 30/Fiddler's Creek: Resolution No. 84-237 adopted December 11, 1984 This resolution authorized execution by the Board of County Commissioners of the Stipulation of Settlement entered into by the Florida Department of Community Affairs and the Deltona Corporation. The stipulation amended Section 4.D.9; Traffic, to include specific provisions for triggering a request for a substantial deviation determination by the developer. The stipulation also provides a definition of substantial impact on the roadway system generated by Marco Shores and makes provision for Florida D.O.T. to obtain rights-of-way from the developer to widen US-41 and S.R. 951. b. Resolution Nc. 89-149 adopted June 13, 1989 1. Resolution No. 89-149 provided for a reduction in the number of dwellinG units approved for Unit 30 from a total of 9,110 dwelling units to 7,000 units; this was a reduction of 2,110 dwelling units, reducing the units/acre from 5.53 dwelling units/acre to 4.31 units/acre. 2. Development Order Subsections 4.C and 4.D., Hurricane Evacuation, and 4.D. Traffic were amended. Subsections 4.C. and 4.D were a~ended by deletion of the developers' "fair share, contribution requirement for the widening of S.R. 951. In lieu of fair share pa -~~~ Fiddler's Creek NOPC - 13 FEB £ 4 1998 developer's contribution of an 18.4 acre lake site as a fill source was deemed to constitute the entire fair share contribution for the use of S.R. 951 as a hurricane evacuation route and for transportation use. 3. Changes to the phasing schedule in the PLrD were made to provide that connections to S.R. 951 for a certain number of dwelling units could be made if improvements to S.R. 951 were timely completed. 4. Provision for the creation of a community development district under Chapter 190, F.S., was made optional. 5. The construction of a northern golf course for use primarily by hotel guests was approved. 6. Extensive enforcement language was added in order to address any future violations of the development order. The following amendment was made to Development Order 84- 3, but does not relate to Unit 30: Resolution No. 88-117 adopted May 24, 1988 Resolution No. 88-117 provides that the Isle of Capri Commercial Area previously designated only for neighborhood commercial uses is a_mended to per-mit a 150 room hotel with restaurant and ancillary uses. The Resolution further allowed Isle of Capri Commercial PUD and Unit 24 to undertake site preparation before certain roadway improvements (4-1aning of S.R. 951) are in place. Resolution No. 96 - 333 adopted July 23, 1996 - i. Reduced the number of dwelling units from 7,000 to 6,000. 2. Reduced the commercial acreage to 33.6 acres and the conunercial square footage to 325,000 square feet. 3. Added 201.37 acres of preserve and updated the Master Plan. 4. Added 22.9 acre parcel adjacent to S.R. 951 and incorporated same into Master Plan, without increasing commercial or residential intensity or density. Resolution No. 96-530 adopted November 26, 1996 - 1. Added portions of Section 13 to Fiddler' s Creek, approximately 690 acres, increasing the Fiddler's Creek AG 0 Fiddler's Creek NOPC 14 FEB 2 4 ]998 10. 11. 12. project to 2,379.11 acres and reducing density to 2.52 units per acre. 2. Updated the Fiddler's Creek Master Plan to authorize residential use on Section 13 and including an additional 293 acres of lakes, open space and golf course use. 3. Authorize the developer to seek the establisfunent of a new conununity development district under Chapter 190, Florida Statutes, for the Section 13 addition or seek the expansion of an existing community development district for Fiddler's Creek. Describe any lands purchased or optioned within 1/4 mile of the original DRi site subsequent to the original approval or issuance cf the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a projec~ master site plan or other maN. The current proposed Master Plan for Fiddler's Creek (See Exhibit "FC-3") shows the lands owned or optioned by the developer which are within one-quarter mile of the original DRI site. There is no additional land owned or %under option by the developer within one-half mile of the Fiddler's Creek project. Indicate if the proposed change is less than 40% (cumulatively wizh other previous changes) of any of the criteria listed in Paragraph 380.06 (i9) (b) , Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e 2., F.S. Yes No X Does the proposed change result in a change to the buildcut date or any phasing date of the project? If so, indicate the prci~cse~ new bul]dcut or ~hasing dates. NO. Will the proposed change require an amendment to the local government comprehensive plan? Yes . Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06{15) , F.S., and 9J-2.025, Florida Administrative code: An updated master site plan or other map of the development portraying and distinguishing the proposed chances to the Fiddler's Creek NOPC - 15 FEB 2 4 ]998 pg. F, 13. previously approved DRI or development order conditions. The updated Master Site Plan is attached as Exhibit "FC-3" Pursuant to Subsection 380.06(19) (f), F.S., include the precise language that is being proposed to be deleted or added as an amendmenn to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other zmprovemenns including locations, square footage, number cf units; and other major characteristics or components of the proposed change; All proposed changes are highlighted in the proposed amendments to the Development Order, Exhibit "FC-8" An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; See attached Exhibit "FC-9" A Drcmcsed a- - ' ' de ..... e..cea veloDment order deadline for cc.r.r~encing .~h'.'sicai deve~o.~,.,_nt of the proposed changes, if applicable; No new deadline for commencing physical development is requested; none was specified in Development Order 84-3. A proposed amended development order termination date that reasonably reflects the time required to complete the development; Yes. An extension of the termination date by four (4) years, eleven (11) months is requested to be added to the Development Order. e o A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and The original Development Order did not specify such a date and since development has previously comznenced, such a provision would not be applicable. Fiddler's Creek NOPC - 16 FEB 2, 4 1998 Proposed amended development order specifications for the annual report, includin9 the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), F.A.C. No changes. l'f :ddlers\n:pc. app Fiddler's Creek NOPC 17 7_/ FEB 2 ,~ 1998 2 4~ ~998 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION SETTING FORTH THE INTENT OF BOARD OF COUNTY COMMISSIONERS TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR INTERIM GOVERNMENTAL SERVICES FEES WITHIN THE UNINCORPORATED AREA AND THE INCORPORATED AREAS OF COLLIER COUNTY. ~: That the Board of County Commissioners approve the uniform method of collection of assessments for interim governmental services fees within the unincorporated area and the incorporated areas of Collier County. CONSIDERATIONS: The Board of County Commissioners has directed staff to proceed to create the documentation necessary for the collection of non-ad valorem assessments for interim governmental ser¢iccs fees. Section 197.3632, Florida Statutes, requires that the County adopt a resolution at a public hearing prior to January 1", or if the property appraiser, the tax collecting and the County agree, by March 1", stating its intent to use the uniform method of collecting non-ad valorem assessments beginning in 1998. This section also requires that the County publish notice of its intent to use the uniform method of collection for four consecutive weeks. The notice was advertised for four consecutive weeks in a newspaper of general circulation in the County. Resolution 97-480 was adopted by the Board of County Commissioners on December 16, 1997. This Resolution is to provide clarification. FISCAL IjkJPACT: None by the mere adoption of the attached resolution. If the Board were to adopt an ordinance providing for interim governmental services fees assessments, it is anticipated that $1,400,000 would be generated annually from this revenue source. MANAGEMENT I.M.P_A.(~: None. B.F~COMMENDATION: That the Board of County Commissioners adopt the resolution setting forth its intent to use the uniform method of collecting non-ad valorem assessments for interim. Governmental services fees within the unincorporated area and the incorporated areas of Collier County. AGENDA I'[EM No. FEB Z 1998 P~o Executive Summary Res. For Collecting NonAd Valorem Page 2 PREPARED BY: Heidi F. Ashton, Assistant County Attorney Date REVIEWED BY: David C. Weigel, Count3 Att~ney ,ah ? / t~ ]~atc / h: ',~hennie',.hfa~x summary\-Res. For Collecting Non-Ad Valorem Assess AGENDA IT. EM-. No. ~,'c) ~) 1998 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ., COLLItiR COUNTY, FLORIDA, SETTING FORTH ITS INTENT TO USE THE UNIFORM M]ETHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR INTERIM GOVERNMENTAL SERVICES FEES WITHIN THE UNINCORPORATED AREA AND THE INCORPORATED AREAS OF COLLIER COUNTY. Wt{EREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as Board or Count')') has determined that certain costs of government services provided to identified parcels of real property should be paid for through the development and imposition of interim government~l services fees imposed upon such parcels; and Wt{EREAS, the Board has determined that a non-ad valorem assessment is the most feasible method to impose to collect interim governmental services fees against properties within the unincorporated and incorporated areas of Collier County; and, WtIEREAS, the Board has identified and recognizes a need for the levy of a non-ad valorem assessment for the interim governmental services fees and {lect~ to use the uniform method of collecting such assessments; and WHEREAS, Section 197.3632, Fl?ida Statutes, provides for the uniform method of collecting non-ad valorem assessments and said Section requires ~at the County adopt a resolution at a public hearing prior to January 1 or, if the property appraiser, tax collector and local government agree, March 1, stating its intent to use the uniform method of collecting non-ad valorem assessments, and the County has previously adopted Resolution 97470 to that end and now adopts this Resolution for purposes of clarification; and WHEREAS, Section 197.3632, Florida Statutes, also requires that the County publish notice of its intent to use the uniform method of collecting non-ad valorem assessments weekly in a newspaper of general circulation within the County for four consecutive weeks prior to ~e hearing; and W}-IEREAS, the County has published ~e required notices. C'W A'tC'W A '~R ES O~243635.2 o365o3.cm 1 AGEND_~, No. 1~-~c x ~) Z 1998 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM2~SSIONERS OF COLLITR COUNTY, FLORIDA that: There is a need for the levy of non-ad valorcm assessment to provide for the imposition and collection of interim governmental services fees. 2. It is the County's intent to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees for the provision of general governmental services within Collier County. The non-ad valorem assessment~ levied for the interim governmental services fees against the prop~.rties located within the unincorporated area and incorporated areas of Collier County, Florida, that receive a certificate of occupancy berv,'een .Tuly 1, and the follo,.~'ing Iune 30 of each )'ear that are not shown as an improvement to the real property on the ad valorem tax bill may be collected utilizing the uniform method for collecting such non-ad valorem assessments as provided in Section 197.3632, Florida Statutes. The special -assessment to b~ levied as the non-ad valorem assessment shall pay for the enhanced County services provided by the County within both the unincorporated and incorporated areas of Collier County by virtuo'of the existence of the said improvement(s) on the real property and the use, occupancy or potential tree or occupancy of the improved property. The special assessment is for the interim goverrunental%ervices fees that are imposed on the improved real property being given a certificat~ of occupancy for the portion of a fiscal year or years remaining subsequent to the issuance by the County of the certificate of occupancy. 3. It is also the County's intent to use the uniform method of collecting non-ad valorem assessment2; for interim municipal governmental services fees for the unincorporated area of Collier County, and for any municipality v. ithin Collier County that consents pursuant to Section 125.01(1)(q), Florida Statutes. The County recognizes the requirement of Section 125.01(1)(q), Florida Statutes, that provides that the boundaries of a municipal service benefit unit may include all or part of the boundaries ora municipality (in addition to all or part of the unincorporated area) subject to the consent by ordinance of the governing body of the affected mtmicipality given either annually or for a term of years...If the C~'A~CWA~RF~ O~2~3655.2 036~O3~01 2 AGENDA IT£M. No. I'O(C-)l'~') ( FE6 2 1996 governing body of a municipality does not adopt a consent ordinance referenced in Section 125,01(1)(q), Florida Statutes, b), March 1, 1998, then no properties within such municipality shall be included within the interim governmental services fees municipal service benefit unit. If no municipality consents through its governing body for all or a part of its municipal boundaries to be included in such benefit unit, the Count)' intends to use the uniform method of collecting non-ad valorem assessments for interim municipal governmental services fees for the unincorporated area of Collier County, and for interim county governmental service fees for the entire area of the County. 4. A legal description of the boundaries of the real property subject to the lev), under Section 2 is provided in the document entitled "COLLIER COUNTY" attached hereto, A legal description of' the boundaries of the real property subject to the lex')' under Section 3 is set forth in the same document; except that no part of the properties described in Exhibits "A" (CiD' of Naples), "B" (City of Everglades) and "C" (CID' of Marco Island) attached hereto and made a par(hereof shall be subject to the lev)' under Section 3 without the consent of the respective municipalities therein described. 5. A copy of this Resolution shall"be mailed by United States Mail to the Collier Count). Property Al:praiser. the Collier County Tax Collector, and the State of Florida Department of Revenue by March i0, 1998. 6. This non-ad valorem assessment is a one time assessment upon improved real property for interkn governmental services fees. Cw A;C~' ¥~£SO\2 a 36.%~ .2 AOENDA iTEM., 1998 This Resolution adopted this 2.1th da)' of February, 19911, after motion, s~ond and majority vote. DATED: February 2-1, 1997 ATTEST: BOARD OF COUNq'Y CO/vI2MI$SIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK. CLERK Approved as to form and legal sufficiency: D~vid C~ Weigel /_..3 ~ ' Count), Attorney By: .... BARBA.~A B. BERRY, Chairman o36x).~OOl 4 A~ENOA No. COLLIER COUNTY THE BOU,'NDARY LINES OF COLLIZR COU,'NTY ARE AS FOLLOWS: BEGINNING W'HERE THE NORTH LINE TO TOWNSHIP FORTY-EIGHT SOUTH EXTENDED WESTERLY INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS O~ THE GULF OF MEXICO; THENCE EASTERLy ON SMD TOWNSHIP LINE TO THE NORTHWEST CORNER OF SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-F1WE EAST; THENCE SOUTH TO THE NORTtqWEST CORNER OF SECTION NINE OF SAID TOWNSHIP AND R.~NGE; THENCE EAST TO THE EASTERN BOUND.~RY LINE OF R3dqGE TWENTY-SIX EAST; THENCE NORTH ON SAID RANGE LINE TO THE NORTHWEST CORNER OF TOWNSHIP FORTY-SEVEN SOUTH OF R.&NGE TWENTY-SEVEN F. AST; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO THE EAST LINE OF RANGE TWENTY-SEVEN EAST; THENCE NORTH ON SAID R.~NGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH; THENCE EAST ON THE NORTH LINE OF TO,~SHIP FORTY-SIX SOUTH TO THE EAST LINE OF RANGE THIRTY EAST; THENCE SOUTH ON SPdD K&NGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-NINE SOUTH; THENCE EAST ON THE NORTH LINE OF SMD TOWNSHIP FORTY-NINE SOUTH TO THE EAST LINE OF RANGE THIP, TY-FOU'R EAST AND THE WEST BOUNDAI~,Y OF BROWARD COUNTY; THENCE SOUTH ON SAID RANGE LINE, CONCURRENT WITH THE WEST BOUND.~RY OF BROWARD AND DADE COUNTiTS, TO THE POINT OF INTERSECTION WITH TI4E SOUTH LINE OF TOWNSHIP FIFTY-THREE SOUTH; THENCE WEST ON THE SOUTH LINE OF SAID TOWNSHIP Fll=TY-THREE SOUTH TO WHERE THAT LENE EXTENDED ENTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS OF THE GULF OF MEXICO; THENCE NORTHWESTERLY AND ALONG THE WATERS OF SA.ID GULF OF MEXICO, INCLUDING THE WATERS OF S,~'T) GULF WITHIN THE IURISDICTION OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNING. : PER FS 7. I 1 LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EXHIBIT A, CITY OF NAPLES AND EXHIBIT B, EVERGLADES CITY AND ZXZtIBZT C,' CITY OF MARCO ISLAND ' AGENDA ITEM - EXHIBIT 'A" CITY OF NAPLES 1o/9s CITY LEGAL DESCRIPTION (INCLUDING ~ST BOULEVARD ANt~XATION AREA) Beginning at the ~orthwest col-nar of Section 16, Township 49 South, Range 25 East, thence east along the north line of said Section 16 to the north qua'rter corner of S~c~ion 16, also the northeast corner of Government Lot One; thence south 00 degrees 45 minutes 40 seconds east for 30.00 feet to the northwest corner of Park Shore Unit No. 4, said. point is also the southwest corner of Seagate Drive and Crayton Road; thence along the platted bounder%, of said Park Shore Unit N~. 4 in the following described courses: north 89 degrees 31 minutes 00 seconds east 336.83 feet; south 0 degrees 39 minutes 10 seconds east 660.00 feet; north 89 degrees 31 minutes 00 seconds east 330.00 feet; north 00 degrees 39 minutes 10 seconds west 660.00 fee~ zo the south right of way line of Seagate Drive; thence east along the south right of way line of Seagate Drive 1,866.98 feet =o a point on the west right of way line of U.S. 41 (Tamiami Trail); said point being the southwest right of way corner of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly along the wast right of way line of U.~. 41 (Tamiami Trail) 2,623.60 feet ~o a point on the east and west quarter section line of Section 16, Township ~9 South; Rafge 25 East; thence along the east and wast quarter section line of said Section 16, north 89 degrees 39 ~inutes 50 seconds east 150.00 feet to the east quarter corner of said Section 16; thence along the east line of said Section 1~, south 0 degrees 24 minutes 40 seconds oast 2649.62 fee= to ~he no£~heast corner of Section 21, Township 49 South, P~angc 25 East; thence along the east line of said Section 21, South 0 degrees 43 minutes 30 seconds east 1069.33 feet to a poin~ which lies north 89 degrees 16 minutes 30 seconds east 150.00 feet from the northeast corner of Lot 1 of Block 22 of said plat of Park Shore Un/: No.3; thence at right an~les to the wes~ ri~ht-of-way line of U.S. 41 (Tamiami Trail), easterly 25.00 feet to the east ri~h~-of-way line of U.S. 41; thence along the east right-of-way line of U.S. 41, southerly 810.97 fee= to the northwest corner of Block A, North Naples Flghlands as recorded in Plat Book 3, Pa~e 12; =hen¢:e south 89 de~rees 43 minutes east, 375.0 fee~; thence south 135..32 feet; thence nor[h 89 degrees 40 minutes 45 seconds west, 22.53 feet to the beginning of a curve concave southeasterly, 113.23 feet (Chord - 112.72 feet, Radius 330 feet) to a cuz-ve= concave northwesterly, 92.68 fee5 (Chord ~ 92.22 feet, Radius 270 feet); thence north 89 degrees 40 minuues 45 seconds west, 150.31 feet to t}~e east right of way line of U.S. 41; thence south along said ~ast: right of way line to the northwest corner of 'Tract' "A", 15:51 AGENDA ITEM. F£ I 2 q High Point Subdivision; thence south 89 degrees 55 minutes 30 seconds east, 400.0 feet to the northeast corner of said Trace "A"; thence south 0 degrees 02 minutes 02 seconds west, 434.88 feet to the north line of Rosemary Heights Addition; thence west along said line to the northeast cor~ar of Lot 48, Rosemary Heights Addition; chance south along the east line of said Lot 48 to the southeast corner of said Lot 48; thence west along the south line of Lots 48, 46, 44, 42, and 40 to the east right of way line of U.S. 41; thence southerly 858.62 feet along said east right of way line of U.S. 41 to a point on the north line of Section 27, Township 49 South, Range 25 East wh'ich lies 24.88 feet east of the north-west corner of said Section 27; thence along the north line of said Section 27, east to the no'the:st corner of the northwest quarter of said Section 27; thence continuing along the north line of said Section 27, east 45 feet to the east right-of-way line of C-851 (also known as Goodlette-Frank Road); thence along said east right-of-way line of c-851 (also k~o~rn as Goodle~te-Frank Road), (which right-of-way line lies 45 feet east of, measured at right angles to, and parallel with th: north and south quarter section line of said Section 27), to the north line of Lot 11, Naples Improvement Company's Little Farms, Plat Book 2, Page 2; thence east to the east section line of Section 27, Township 49 South, Range 25 East; thence north along the east lin: of said Section 27 to the northeast corner of said Section 27; thence east along the north line of Section 26, Township 49 South; Range 25 East to a point 990.0 feet west of the west right of way line of Airport Pulling Road; thence south 01 degrees 30 minutes 00 seconds east, 1320.0 feet; thence north 89 degrees 25 minutes 40 seconds east, 660.0 feet; thence north ol degrees 30 minutes 00 seconds west, 1320.0 feet to the north linc of said Section 26; thence east alon~ said no,th line of Section 26 to th: west right of way line of kirport- Pulling Road; thence southerly along the west right of way line of said Airport-Pulling Road'to the south line of said Section 26 (said righ~-of-way lin: lying 50 feat west of the southeast corner of said Section 26); thence westerly along said south line to the southwest corner of said Section 26; thence northerly along the west line of said Section 26 to ~he southerly right-of-way line of Golden Gate Parkway (100 feet wide); thence easterly along said southerly right-of-way lin: to a point lying. Il20.00 feet west of the west line of saf. d Airport Pulling Road; thence northerly parallel with said west: right-of-way kine to the northerly right of way line of said Golden Gate Parkway; ~hence westerly along north right of way of Golden Gate Parkway to a point 620 feet ease and 235.46 fee= south of the northwest corner of Lot 8, Naples Improvement Company's Little Farms; thence north 235.46 feet to the north line of Lot 8; thence west along said north line 620 feet to the. northwest coz-nar of said Lot 8; thence southerly to that angle point in said east right-of-way line which lies on a line 400.00 feet northerly of (measured at right angles to) and parallel with the north line of Section 34, Township 49 South. Range 25.East; thend~ continuing along said east right-eel-way line to the north 2 " AG£N'DALTEM No. la( line of Gordon River Homes Subdivision; thence east along the north line of Lots 50, 49, and 48 to a poinc 22.5 feat east of the northwes% corner of Lot 48; thence south parallel to the west line of Lot 48 to the south linc of Loc 48; thence west along the south line of Lots 48, 49, and 50 to the east right of way line of Goodlette-Frank Road; thence continuing along said east righc-of- way line, which line lies 100.0 feet east of, measured at riBkt angles co, and parallel wi%h the north and south quarter seccion line of said Seccion 34; thence continuing along said east right- of-way linc to a point on the north line of the southwesc quarter of the northeast'quarter of Section 34, Township 49 South, Range 25 East; thence continue said right of way line 460.0 feet; thence north 89 egrces 41 minutes 30 seconds ecsc 494.99 feet; thence d , on south 0 degrees 34 minutes 06 seconds east ~15.88 fee~ to a point of curvature; thence southwesterly 343.97 feet along the arc of a ~angenCial circular curve, concave to the northwest having a radius of 243.97 fee5 .and subtended by a chord which bears south 44 degrees 33 minutes 25 seconds west 345.84 feet: thence south 89 degrees 41 minutes 30 seconds west 250.0 feet to the easterly righ~ of way line cf Goodlette-Frank Road; thence south along said right of way lins ~o a poin~ 48.43 feet sou~h of the north line of the soush half of Section 34, Tow~,ship 49 South, Range 25 East; ~hence north 89 de~rees 56 minu~es 59 seconds east 2~9.79 feet; thence nor:heas~erly 173.98 fcc~ along thc arc Qf a circular curve concave to ~he nor~hwes~ havin~ a radius of 293.97 feet and being subtended by a chord which bears north 72 degrees 59 minutes 41 seconds east 171.46 feet; ~hence south 89 degrees 47 minutes 31 seconds eas~ 808.79 feet; thence notch 89 degrees 55 minutes 05 seconds east 993.64 feet to a point on that bulkhead line as shown on Plat recorded in Bulkhead Line Plat Book 1, Page 25, Collier County Public Records, Collier County, Florida; ~hence run the following courses along the said Bulkhead line, ~7.27 feet along the arc of a non-~angenuial circular curve concave to the west, having a radius of 32.68 fee~ and subtended by a chord having a bearing of south 14 degrees 08 minutes 50 seconds eas~ and a length of 43.26 feet =o a poin~ of tangcncy; south 27 degrees 17 minutes 25 seconds west for 202.44 feet to a point of curvature; 296.89 feet along arc of a curve concave to the southeast, havinq a radius of 679.46 feet and subtended by a chord having a bearing-of south 14 degrees 46 minu~es 21 seconds west ar.d a length of 294.54 · ~f 5~vcrse cu~-va~ura; 157 10 fee~ ~ ,~ ...... feet to a point =o tDe nor%hwcsC, herin= ~ radiu- ~'YT-~ ~= oz a_cux-ve concave subtended by' = ~ ~ :~z.~u ~eet an a chord hating a bearing of south 10 dc ...... '- · ~es= and a length of 156 £$ feet to a ~:-~ -~ utes {7 seconds ~ · F~u o~ reverse curvature; 307.~7 feet along the arc of a curve concave to the northeast; having a radius of 278.30 fee=, and subtended b a ch~ ay' bearing of south 12 de~rees 47 minuCes 59 of ~ .... rd h lng ...... ==~u and a length 292.24 fee= to a point of revezse cul-vature; 135.31 feat along the arc of a curve concave to thc southwest, having a radius of 100.00..feet, and subtended by a chord having a bearing of sou~h 05 degress 42 minutes 27 seconds east and a length of 125.21 feet to AGENDA ITEM, ~ FEe 2 1998 Pg. a point of tangency; thence south 33 degrees 03 minutes 21 seconds west for 295.10 feet; and south 33 degrees 27 minutes 51 seconds west 1.93 feet to the north line of River Park East Subdivision which is also the north line of the south half of the southeast quarter of Section 34, Township 49 South, Range 25 East; thence along th= north line of the south half of the southeast quarter of said Section 34, easterly to the west line of Section 35, Township 49 South, Range 25 East; thence along the west line of said Section 35, northerly 1320 feet more or less to the northwas~ coz-nar of the south half of said Section 35; thence along the north line of the south half of sa%d SecCion 35, easterly to th~ west right-of-way line of State Road No. 31 (Airport Road), which right-of-way line 1/es 50.0 feet w~st of, measured at right angles to, and parallel with the east line of said Section 35; thence along said right-of- way line of State Road No. 31, south 00 degrees 13 minutes 57 seconds west 1800 feet more or less to a point on said west right- of-way line, which lies north 00 degrees 13 minutes 57 seconds east 848.02 fee~ and ~outh 89 degrees 46 minutes 03 seconds west 50.00 feet from the 'southeast corner of said Section 35; thence continuing along said wes~ right-of-way line southerly 325.02 feet along the arc of a tangential circular curve concave to the east, radius 2914.93 feet, sub~anded by a chord which bears south 2 degrees 57 minutes 43 seconds east 324.87 feet; thence continuing along said wast right-of-way line, tangentially south 6 de~rees 09 minutes 22 seconds eas~ 3.13 fea~; thence southerly along a curve concave to the southwest, having a central angle of 6 degrees 23 minutes 19 seconds and a radius of 1860.08 feet, a distance of 207.34 feat; thence south 0 degrees 13 minutes 57 seconds west 313.03 fee5 more or less to a,point 'on the north line of and 20 feet wes= of the northeast corner of Section 2, Township 50 South, Range 25 East; thence southeasterly, 300.7 feet more or less to a point on [he east line of said Section 2 which point lies 300.0 fee= sou~h of the northeast corner of said Section 2; =hence along the eas~ line of ~he north half of said Section 2, southerly to the southeast corner of the north half of said Section 2; thence along the south line of ~he north half of said Section 2; westerly to the northeast corner of the southeast quarter of Sec=ion 3, Township 50 South, Range 25 East; thence southerly along the cast line of the southeast quarter of said Section 3, and along ~he east lines of Sections 10, 15, 22, and 27, all in Township 50 Sou=h, Range 25 East, to the southeasu corner of said Section 27, Township 50 Sour. h, Range 25 East; thence westerly alon~ th: south line of said Section 27, Township 50 South, Range 25 East, and along the westerly prolongation of said south line to a point 1000 feet west of the mean low water linc of the Gulf of Mexico; thence northerly along a line lying 1000 feet westerly of the meanders of the said mean lo'w water line to an intersection with the wes=erl~~ prolongation of the north line cf Section 16, Township 49 South, Range 25 East; thence easterly along said westerly prolongation =o the place of beginning, said land lying and being in Collier Court ~; Florida. . AGENDA ITEM, No., FEB 2 1998 Chapt=r 29058 HOUSE BILL NO. ~61 Laws of Florida, Acts of 1953 An Act to Abolish the Char~er o£ the Town o£ Everglades, in Collier County, Florida, and to Grant a ~ew Char~er for the "City o£ Everglades', in Collier County Created finder This Act; to De£1ne its Boundaries, Jurisdiction, Powers, Privileges and ~m:~unlties; to Confirm the Title to all City Property In- cluding all Riffian and ~oreshore Rights. the Title to Ail The Tide Water and ~.her Lands and River ~octoms; to Validate all Taxes and ~her Assessments and Levies Hereto£ore ~Ada; to Preserve the Validity and Binding Forcc of Ail Debts, Obligations and Liabilities o£ the Form. er Town o£ Everglades, and to Continue the Same as tho Debts and Liabilities o£ the City o£ Everglades Created by This Act, and to Preserve the Validity and Binding Force 0£ All Credits and Assets of the Former Town o£ Everglades an% to Continue the S~me as the Cradles and Aamets of the City o~ Everglades Created by This Act; Fixing the Tl~e :*he~ This Act S~ll Take Effect; and to Provide ~or th~ Electio~ and Compensation o~ the City O~lcials Authorized by This Act; Creating a ~nicipal Cou~ and Defining its Powers and Jurisdiction; Creating ~ ~nicip~l Corpor~tion in the State of rlcrida to be Xnown as the City of Everglades, and Cra~ticg Unto it Specific and Ceneral Power and Authority Incident and Necessary to the Running and Operation o~ a ~tcipal Corporation. BE IT ENACTED BY THE LEGISLATUP~ OF THE STATE OF ~ORIDA: Section 1. ~CHARTgR R~PEALED AND N~* CHARTER That the present Cha~er of the Town of Everglades, in Collier Counsy,.Florlda, and all laws amendatory there- o£ be end the same are hereby repealed, and a municipal goverv~e~ be and ls h~reby created under the name o£ "¢IT¥ O? EVERGLADES", in Collier County, Florida which aha11 possess the territorial limits and the powers and duties hereir~er set £or-ch. Section 2. ~OUNDARIES. The territorial ll:its o£ the City o£ Everglades as created under this Act are hereby de£ined as £ollows: ~eginnlng a~ the NoT-chwees corner o£ the Southeast quarter of the No~hwest quarter of Section'11, Township 53 South, P~ngo 29 East, thence Easserly to the No~heast co.er or the We6t half o~ the Southwest quarter or the No~heast quarter or said Section 11; thence Southerly to the South- east corner or the Wes~ holf or the Southwcs~ qua~er or the Southeast quarter or said Secsion 11; thence ~sterly to the Norcheas~ corner of thm No~h~est qua~er or the No~heast qua~mr or ~ection 1~, Tovmshlp 53 South, o~ ~nge 29 ~sS; thence Southerl). to the SOuthmast corner of the Horsh~est qua~er or the Ho~heast qu~er o~ said AGENI No. Sec:ton !L; tKence Westerly to she Nor:hea~: corner o£ the Wes: kal£ of :he $¢'~:hvest. ~uar:er o~ the Nor:hea~: qua~er ~f ~ald Se::~on IL; :hence ~ou:herly to thc Southeast c~rner ~3 :he ~les: ha~ of :he ~o~hwest qua~er of the Southeast ~a~er o~ 5a~d ~ect~on IL; thence ~est~r2y :he []or:heas: corner o~ the Sou:heist qua~er o~ .he Sou:h- ues: quarter o~ said Sectton ~L; thence Sou:her~y 5ou~heas: corner o~ :he Ior:h ha~ o~ the ~ou~heas~ Qua~er c~ ~he ~h~es: qua~er o~ Section 2~ To.ship ~3 south, ~n&e 29 ~st; thence ~es:er2y to the ~outh.es: corn.r o~ the North half o~ aa~d Southeast qua~er ,~crth~es~ ~a~er o~ Sectton 23; thence No~her~7 to the ~he.s: cornet o~ the No~hves~ ~a~er o~ the ~o~h- ~est qua~er o~ sa~ Section 23; thence ~ester~y Sou:hue~: corner o~ the No~huen: qua~er o~ Che No~h- ~es: ~ua~ar o[ ~td section 23; thence ,:o th. 5cu:k~es: corner o~ the ~ast ha~ o~ the qua~er o~ ~he Southeast qua~er o[ Section 15, To.ship "~]e Sou:h Range 29 Cas~; thence No~her[y :o the No~h- . s: cor~er of the ~ast ha2~ o~ the Eo~heast qua~er the Sou:bees: qua~er cf said Sec:ion 15; thcnce to t~,e ~o~h~as~ ~orr, er o~ the las: ~.a~ o~ :he Nor:h- eas~ q~er o~ the Scu:heas: qua~er of said Sectton thence No~her2y :o :he [~c~hwes: ¢~rner o~ Che 5ou:hwes:  ua~er o~ :he Southwest qua~er o~ Section ] South, P~n:e 29 %st; To~=htp cor~er o~ :he "~ - :hence Sas~er~y :o the ,,o,.heas: quarter o~ :he Southwest qua~er c~ sa~d Se::~or, ~; :hence No~her2y ~o the point beE~r,r.~r~. AIi as =ho'~n on pla: c£ the Town o£ £ver£1ade=. recorded tn ?la: ~:ok 2, ?a&e~ 87 Co 95, Inciustve, Collier County re:crds a~ the City limits as shc~n thereon. AGENDA IT. EM EXHIBIT "C" 12 13 14 15 17 3~ 20 21 22 23 24 25 26 27 28 29 30 31 ~TICLE II - CO~POR. ATE L1M1TS Section 2.01 Description of Corporate Limits.--The following shall cons:' ,~ Marco Island: l:u._ :he Corporate Limits of the City of- A Corporace Lin~ lying offshore from Island, in portions of To~ship 52 South, Range i~ Zest, Coltiar Coun%y,'Florida, which described a~ follows: From the corner common to Sec:ions 17, 18, 19, and 20, Tow~.ship 52 South, Range 26 Eas:, run Westerly along the line common :o said Sec:ions 18 and 19 to a poin~ 2,640 fee~ offshore in the Gulf of Mexico from ~he Mean High Tide Line Section 18 and point of beginning. From said point of beginning, m-un Sou~herly. 2,640 feet offshore from the Mean High Tide Line of Marco Island, pas~ zhe Southerly point of said Island to the mouth o~. Caxambas Pass, thence rLtn Northeasterly in the wa:ers of Caxambas Pass to ~he cen~er line of :h~ charnnel of said Caxa~%bas - 1 - AGENDA No. F£8 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26, 27 28 29 3O 31 ENROLLED 1997 LegislaUure }LB 1729, First Engrossed Pass; thence run Easterly along the centerline 6f che channel of Caxambas Pass, to a poinc intersecting a marked channel running Northerly towards Barfield Bay; thence 1-un Northerly along the centerline of said channel to a point 300 feet offshore in Barfield Bay from the Mean High Tide Line of the Easterly and of lands formerly kno~zn as J.M. Barfield Subdivision, thence run Northerly, Easterly, and Southerly, 300 feet offshore in Barfield Bay from the Mean High Tide Line of b:arco Island to intersection with the centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek co a point 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island; thence con%inue Northerly, Easterly, and Southerly 300 feet offshore in Blue Hill Bay from che Mean High Tide Line of Marco Island to centefline of the aforementioned Blue Hill Creek; thence run Northeasterly along the centerline of Blue Hill Creek, but to a point intersecting the line co~on to Range 26 East and Range 27 Easc, To~ship 52 South, Collier County, Florida; thence run Northerly along the line common tD said Range 26 and 27 but to a point interseccin~ the centerline of the channel of the Big Marco River, thence Northerly, Northwesterly, and Westerly along the cente~line of the aforementioned Big Marco River and out through the marked Capri Pass, being 2640 feet offshore from the Mean High - 2 - AG£NDA.IT~M ~ No. .... 1 2 3 5 6 ENROLLED 1997 Legislature }LB 1729, First Engrossed Tide Line of Marco Island; thence run Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island tO the point of Beginning lying along the East-West line common to Sections 18 and 19, To%~ship 52 South; Range 26 East. - 3 - AGENDA ITEM_ '~ EXECUTIVE SUMMARY PETITION NO. V-97-16, KAREN K. BISHOP OF PROJECT MANAGEMENT SERVICES, INC. REPRESENTING JEFFREY PIIPPONEN, REQUESTING A 2 FOOT VARIANCE TO THE REQUIRED HEIGHT FOR FENCES AND WALLS FROM 6 FEET TO 8 FEET FOR THE LONGSHORE LAKES PUD LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD APPROXIMATELY 1 MILE EAST OF INTERSTATE 1-75. The petitioner is requesting the above described variance in order to build an 8 foot high wall around the development. CONSIDERATIONS.'_ Longshore Lakes PUD is a gated residential development on Immokalee Road. Over ~he years the growth in the area has brought increased traffic to Immokalee Road and noise to the Longshore Lakes community. The petitioners are proposing to build an 8 foot high wall around the entire development to protect the residents from the noise on Immokalee Road and in the opinion of the applicant to provide a safer community for the residents. Immokalee Road is separated from this development with a 100 foot wide canal and drainage easement. The maintenance easement of the canal contains large trees and bushes which will partially hide the wall. The applicant has agreed to provide additional trees and shrubs, as required by the County Landscape Architect, to provide additional vegetative buffer and reduce the visual impact of the wall. The Collier County Planning Commission reviewed this petition on February 5, 1998 and by a vote of 6-1 recommended approval. FISCAL IMPACT: None. GROW'tH MANAGEMENT IMPACT.' None. I:[ISTORIC/ARCHAEOLOGICAL IMPACT; S!aff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and ~,~'-_~~ required. FEB 2, ~ 1998 pg. ~ -..._ PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals conditionally approve V-97-16 subject to the CCPC stipulations. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ROBE'RT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE / VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE 2 FEB 2 ~. 1998 AGENDA ITEM 7-B MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION January 12, 1997 PETITION V 97-16 AGENT/APPLICANT: Agent: Karen Bishop Project Management Services 2334 Tamiami Trail North Suite # 408 Naples, FL. 34103 Petitioner: Jeffery Piiponen, President Longshore Lakes Foundation, Inc. 4500 Executive Drive Suite # 110 Naples, FL. 34119 REQUESTED ACTION: The petitioner is requesting a 2 foot variance to the required height for fences and walls from 6 feet to 8 feet for the Longshore Lakes PUD. GEOGRAPHIC LOCATION; The subject PUD is located on the north side of Immokalee Road approximately 1 mile east of Interstate 1-75 in Section 20, Township 48 South, Range 26 East, Collier County, Florida. This PUD contains 320 Acres. P~$E/DESCRIPTION OF PROJECT: Longshore Lakes PUD is a gated residential development on Immokalee Road. Over the years the grow'th in the area has brought increased traffic to Immokalee Road and noise to the Longshore Lakes corl3munity, The petitioners are proposing to build an 8 foot high wall around the entire development to protect the residents from the noise on Immokalee Road and in the opinion of the applicant to provide a safer community for the residents. ^G ^ E FEB 2 ,t 1998 O0 SURROUNDING LAND USE AND ZONING: Existing: Surrounding: -Residential Community, zoned PUD North -Quail Creek community, zoned RSF-2 East -Vacant residential (Woodlands) PUD, zoned PUD South -Immokalee Rd. and residential lands, zoned Estates West -Quail II community, zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or environment. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, this development is located along a very busy highway. A wall higher than 6 feet in height may be more appropriate to reduce the traffic noise level for the residents of the development. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, because of the growth in the area, Immokalee Road has become road with increased noise level. -2- a very busy FEB 2 4 1998 fe Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, a 6 foot high wall along with landscaping will provide the same result as an 8 foot high masonry wall. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not necessary to make possible the reasonable use of the land; however, an 8 foot high wall will provide better protection from the noise. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, however, similar variances have been granted to other developments with similar noise problems. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will increase the height of the wall which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, Immokalee Road is separated from this development with a 100 foot wide canal and drainage easement. The maintenance easement of the canal contains large trees and bushes which will partially hide the wall. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. . -3- AGENOAITEM) FEB 2 4 1998 STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V 97-16 to the BZA with a recommendation for conditional approval subject to the staff stipulations contained in Exhibit "B" of the resolution of approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEW/ED BY: ROBv~RT J. MULHERE, AICP, MANAGER DATE CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR D PLANNING SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-97-16 Staff report for February 5, 1998 CCPC meeting. This Petition has tentatively been scheduled for February 24,1998 BZA Public Headng. Collier County Planning Commission: MICHAEL A. DAVIS, CHAIRMAN FEB 2 4 1998 RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-97-16, FOR A VARIANCE &N PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, ~LORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, 10 Florlda Statutes, has conferred on all counties in Florida the power to 11 establish, coordinate and enforce zoning and such business regulations 12 as are necessary fcr the protec=lon cf the public; and 13 WHEREAS, the Count)' pursuant thereto has adopted a Land 1~ Development Code (Ordinance No. 91-102) which establishes regulations 15 for the zoning of particular geographic divisions of the County, among 1~ which is the granting cf variances; and 17 WHEREAS, the Board of Zoning Appeals, being the duly elected lJ constituted Board of the area hereby affected, has held a' public 19 hearing after notice as in said regulations made and provided, and has 20 considered the advisability of a 2-foot varlance from the required 21 height for fences from 6 feet to 8 feet as shown on the attached plot 22 plan, Exhibit "A", in a PUD zone fcr the property hereinafter 23 described, and has founc~ as a matter of fact that satisfactory 24 prcvlsicn and arrangement have been made ccncerning all applicable 25 mat:ers requ=red by said regulatlons and in accordance with Section 26 2.7.5 cf the Zon~-ng Reguiaticns of sa~c Land 2eveicpment Code for the 27 uninccrporatea area cf Collier County; an~ ~HEREAS, al: :nterested Tart:es nave been ~=ven opportunity to be 29 hear= by this Board in public meetlng a-~semSled, and the Board having ~o ccn$~dered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of 3: Ccllier County, Florlda, that: The Peri=ion V-97-16 filed by Karen K. Bishop of Project 34 Management Services, inc., representing Jeffrey Piipponen, with respect 35 to the proper'.y here~-nafter described as: 3~ Exhibit "B" ]J be and the same hereDy is approved for a 2-foot variance from the required height for fences from 6 feet to 8 feet FEB 241998 I attached plot plan, Exhibit "A", cE the PUD zoning district wherein said property is located, sub)ect to the following conditions: Exhibit BE iT RESOLVED that this Resolution relating to Petition Nu~er V-97-16 be recorded in the minutes of this Board. This Resolution adopted after motion, second and ~u~jority vote. Done this day of , 1998. ; ATTEST: ~o DWIGHT E. BROCK, Clerk 1~ Approved as tc Form and Legal Sufflc~ency: 17 18 2o Mar]orle M. Student :~ Assistant County Attorney 24 BO~D CF ZONING APPF. A~ COLLIER COUP, F-~ORI~A Cha&r-m~n -2- AGENDA FEB 2 4 1998 E%HIBI'~' FEB 2 4 1998 ,,, ,~ /o LONGSHORE LAKE LEGAL DESCRIPTION A parcel of land Ioca[ed in Section 20 and Section 17, Township ~18 South, Range 26 East, Collier County, Florida; being more Particularly described as roi lows: ~ence at the Southeast corner of Section 20, Township 48 South. Range 26 East, Collier County, Florida; said corner being the POINT OF BEGINNINg, of the following described parcel; thence ~'un l~0~th 01~00,25,, W~st along the East line of said Section 20 for a distance of 2,660.17 feet to the East quarter corner of said Section 20; thence North 01000,42, West along the East line of said Section 20 for a distance of 2,660.00 feet to the Northeast corner of said Section 20; thence South 89o0~i,09,, West along the North line of said Section 20 for a distance of 2,627.60 feet to the East line of the West 20 feet of the East half of said Section 20; thence South 01o05,14, East along the East line of the West 20 feet of the East half of said Section 20 for a distance of 3,293.03 feet; thence 165.93 feet along the arc of a tangential circular curve having a radius of 605.00 feet curving to the right through a central angle of 15042,$2. ' subtended by a chord 165.41 feet at a bearing of South 06o46,12" West; thence non-tangent North 88o54,q6. East for a distance of 62.61 feet to the East line of the West 60 feet of the East half of said Section 20; thence South 01o05,14', East along the East line of the West 60 feet of the East half of said Section 20 for a distance of 1,860.00 feet to a point on the South line of said Section 20; thence North 89o08,ql. East along the South line of said Section 20 for a distance of 2 580.38 feet to the POINT OF BEC; INN I FK~. , Also the South 30.00 feet of the Southeast quarter of Section 17, Township 48 South, Range 26 East, Collier County, Florida less and except the West 20.00 feet thereof. · Containing 320.51 acres, more or less. EXHIBIT "B" AG A T FEB 2 4 1998 PETITION NO. k, PROJECT PLANNER (ABOVE TO BE F~LLED IN BY STAFF) (VARIA.'~'CE FROM SETBACK(S) ~ ~ ,... ,,...- -~ ..... . ~Q~DFORAP~TiC~ZO~GDIST~, . ~ · :' ''.' ·" ' ~' ~ 7 1 ~ DA~PE~ON~CE~D ~:~, ~ ;,.~., PETITIONER'S NAME ~NEN PETITIONER'S ADDRESS 4500 EXECUTIVE DRIVE SUITE #I I0 NAPLES, FL. 34119 TELEPHONE (941) 594-0100 AGENT'S NAME PROJECT MANAGEMENT SERVICES INC. / ~KAREN K BISHOP AGENTS ADDRESS 23 5 AbllAbfI T N ~408 ~ FL. 34_103 TELEPHONE £941) 435-9080 LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) BLOCK(S) SUBDIVISION ~Loneshore Lakes SECTION_ 20 TWP_ 48 S RANGE _ 26 E (lflega! description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY PUI) EXISTING LAND USE ON SUBJECT PROPERTY R__esidential ADJACENT ZONTNG & LANT) USE .7~O_ONTN___~G LAND ~SE N ~__RSF-2 _~Residenfial Single Family S E _ Estates E A Agricultural W PUD Residential M]]NTMUM YARD R-EQLH]:LEMENTS FOR SUBJECT PROPERTY FRONT: SIDE: REAR: COKN~ER LOT: NO / YES (CIRCLE ONE) WATERFRONT LOT: NO / YES (CIRC1 -1- FEB 2 4 1998 NATURE OF PETITION Provide a &-nailed explanation of the r~quest including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce fi'ont setback from 25' to 1 g'; when property owner purchased property; when existing principal smacu:re was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. We are rt~__uesting to OUt an eight (8) foot tall wall completely around our pro|ect Longshore ~,ake~. We want the wall t9 be put on the property line. Please note that Staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the LAN'I), STRUCTURE OR BbTLDING involved and which are not applicable to the same degrees or extent to the lands, structures or buildings in the same zoning district? Yes, The project resides along Imtuokalee Road Corridor. The increased growth of properties to the east bas amplified the traffic noise to disturbing levels. The increased traffic has also brought the issues of community safeW into question. -2- FEB 2 4 1998 Are there special conditions and circmnstances which do not result fi.om the action o£the applicant? $~er. Will a literal interpretation of the provisions of the Land Development Code deprive the applicant of a right or rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning code and work unnecessary and undue hardship on the applicant? Yes Without the ability to increase the hei ht of the wall the traffic noise will continue to plague the. development. The increased height will also ace as further_r_.. ~eterent to some criminal activity. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land, building or structure? ~ The properS.' cnr~rently exists as single-farrlil~. It is surrounded 011 the_ S_.~_outh and We tb r ad ' nth Northb uail reek nexisfi r i e tia deve o ment and n the a t devel ed ands. Will granting the variance requested confer on the petitioner any special privileges) that is den/ed by those zoning regulations to other lands, buildings or structures in the same zoning district? No Other ro'ects ofsimilarissues have been ranted flexibili w II i t m_..,Mor road R/W. These projects along major roadways_a~re unique. -3- FEB 2 4 1998 Will the granting of this variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, Tl~e wall will be ~e~theficallv ~leasin_~ and in kcet~in_~ with the upscale neizhborhood. The wall will vrovjde a decreased ovwrtunit¥ for some criminal _activity. SIGNATURE OF PETITIONER OR AGENT ('DOU'BLE FOR AFI'ER-TH'R-FACT VARL~NCE SUB,M]TTAL) AG 9' FEB 2 4 1998 AFFIDAVIT I, .=J~-~. ~_. ~1 ] piD&ff,/t"k/being first duly ,wore, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are hones! and true to the best of my knowledge and belief. I understand th/s application must be completed and accurate before a hearing can be advertised. I further permit PMS, Inc. / Knren Bishop to act as my representative in any matters regarding this Petition. State of Florida County of Collier ~ F~ (~) SIGNA'~I.~E OF OWNER ~/'x"7The f°r'::ig°L~g'was\o~.-~r-iackn°wledged./~ ~-~;~ before me this 19 , b)',_____e.~_1. has produced ~ ' oath. ,who is personally known to me or who as identifi'~tion and who etd (d~d not) take an '-(s~ of ~o=.~y Pugli~) - (Print Name of Notary Public) NOTARY PUBLIC My Commission Expires: /~,~ /., -5- FEB 2 4 1998 EXECUTIVE SUMMARY PETITION V-97-15, KENNETH D. GOODMAN, REPRESENTING LANA S. CHADWICK, REQUESTING A 0.5 FOOT AFTER-THE.FACT VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK FOR THE PRINCIPAL STRUCTURE, ALONG THE SOUTH PROPERTY LINE TO 29.5 FEET; A 4.0 FOOT AFTER.THE. FACT VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE, ALONG THE SOUTH PROPERTY LINE TO 26 FEET; A 13.3 FOOT AFTER-THE.FACT VARIANCE FROM THE REQUIRED 30 FOOT SETBACK FOR A TENNIS COURT ALONG THE NORTH PROPERTY LINE, TO 16.7 FEET; AND A 2.0 FOOT AFTER-THE.FACT VARIANCE FROM THE REQUIRED STRUCTURE-TO.STRUCTURE SETBACK OF 10 FEET FOR THE SEPARATION BETWEEN THE PRINCIPAL STRUCTURE AND A TENNIS COURT, TO 8 FEET FOR PROPERTY LOCATED AT 118 CAJEPUT DRIVE, FURTHER DESCRIBED AS LOT 14, BLOCK L, PINE RIDGE EXTENSION, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests an 0.5 foot after-the-fact variance from the required 30 foot side yard set~ack for the principal structure, along the south property line; a 4.0 foot after- the-fact variance from the required 30 foot side yard setback for an accessory structure, along the south property line; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court to allow an existing single family home and accessory structures to remain as currently configured. CONSIDERATIONS: The petitioner wishes to allow structures to remain as they currently exist on the subject property. Structures encroach into the side yard along the south property line, the side yard along the north property iine, and the required separation between structures. Building Permit 88-1585 was issued to a previous owner for structures on the site. The Petitioner purchased Ihe property on July 30, 1991, and she states that the encroachments were not idectified on the survey al the time of purchase. The petitioner states that the encroaching shed in the northeast corner of the property shall be removed. _FISCA_L I.__MPACT: Approval of this petition would have no fiscal impact on the County FEB 2 4 1998 GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with Management Plan. applicable provisions of the Growth HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, no Historical/Archaeological Survey & Assessment or waiver is required for a variance. ~NNING COMMISSION RECOMMENDATION' This petition was scheduled to be heard by the Collier County Planning Commission on February 5, 1998. However, a letter of objection (attached) was received by Planning Services staff the evening before the hearing and the Petitioner requested a continuance until the February 19, 1998 meeting. Therefore the CCPC recommendation was unavailable for inclusion into this executive summary, and will be presented verbally by staff at the February 24, 1998 BZA meeting. Due to the facts that the structures have been in existence for nearly 10 years and that they were constructed by a previous owner, the staff recommendation was for approval. PREPARED BY: CURRE~ P~NNING SECTION REVIEWED BY: DATE ROBERT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE ~ ~ '""-~ - t.' '" ,'~'"' DONAL'D~VV. ARNOLD, AICP, DIRECTOR' DATE PLANNING SERVICES DEPARTMENT 'I ./ ., ...-- ~, ./ .; - ~, VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summaryN-97-15 FEB 2 4 1998 130._ o~ --~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 8, 1998 RE: PETITION V-97-15 ++++++++++++++++++++4-++++++++++++++++++++++++ AGENT/APPLICANT: Owner: Agent: Lana S. Chadwick 118 Cajeput Drive Naples, FL 34108 Kenneth D. Goodman 5551 Ridgewood Drive, Suite 405 Naples, FL 34108 _REQUESTED ACTION: The petitioner requests an 0.5 foot after-the-fact variance from the required 30 foot side yard setback for the principal structure, along the south property line; a 4.0 foot after- the-fact variance from the required 30 foot side yard setback for an accessory structure, a~ong the south property line; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property Fine; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court to allow an existing single family home and accessory structures to remain as currently configured. AGENC~A ITd~M '~ FEB 2 4 1998 PO. ~'~ GEOGRAPHIC LOCATION; The subject property is located at 118 Cajeput Drive, legally described as Lot 14, Block L, Pine Ridge Extension. LOCATION HAP -*U~:,_L. SITE MAP -PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to allow structures to remain as they currently exist on the subject property. Structures encroach irlto the side yard along the south property line, the side yard along the north property line, and the required separation between structures. Building Permit 88-1585 was issued to a previous owner for structures on the site. The Petitioner purchased the property on July 30, 1991, and she states that the encroachments were not identified on the survey at the time of purchase. The petitioner states that the encroaching shed in the northeast corner of the property shai/be removed. FEB 2 4 998 UR NDIN ND USE NDZONiN : Existing: Surrounding: North - East - South - West - Single family house & accessory structures; zoned RSF-1 Single family house; zoned RSF-1 Mockingbird Lake drainage easement Single family house; zoned RSF-1 Cajeput Ddve ROW HISTORIC/ARCHAEOLOGiCAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. However, an Historical/Archaeological Survey and Assessment or waiver is not required for a variance. EVALUATION FOR IMPACTS TO TRANSPORTATION INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory lo the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8 which are general guidelines lo be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building Involved? No. The subject improvements could have been configured to fi, t on the property with the required setbacks. AO ~ FEB 2 4 ?998 I / / Z~T ~5 (occu~rn) / I t I t / S89'59'23'E LOT ~4 BLOCX L C,~ZEB0 / / r ou,~o CHAIN rENC£ AT TI~NNI$ rciJ~O Site map with encroachmenL~ Circled AOE N~TE~L~ N~. 12[,~ 1( I FEB 2 4 1998 Ars there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes. The encroachments existed prior to the purchase of the property by the Petitioner. V)ew to the east along the north property line Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The inprovements have existed for almost 10 years. Their removal would cause financial hardship on the Petitioner. AG D FEB 2, 4 1998 PO. _7 -- de Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The improvements are existing and therefore would be the minimum variance required. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have smaller side yards than would be permitted for a similar lot in the RSF-1 zoning district. However. the improvements have been in this location for nearly 10 years. View to the east along the south prope~y line AG D I FEB 2 4 ]998 fe Will granting the variance be In harmony with the general Intent and purpose of this Land Development Code, and not be Injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare, View to the west along Ihe sou~ I:xoper~y line go Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. There is a large ficus tree along the north property line which softens the view of the tennis court from the neighboring property. Also, there is a row of areca palms along the south property line, which ameliorates the impact of the encroachment. - ~. ~'~,~}~ FEB ~, 4. 1998 Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Due to the fact that the subject structures have been in existence for nearly 10 years, and the fact that the buildings were constructed by a previous owner, staff recommends that the CCPC forward Petition V 97-15 to the EZA with a recommendation for approval. PREPARED BY: FRED~EISCHL, PLANNER II CURRENT PLANNING DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER DATE cuRRENT PLANNING DONALD W. ARNOLD, AICP, DIRECTOR DATE PLANNING SERVICES A. CAUTERO, AICP, ADMINISTR. ATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-97-15 Staff report for the February 5, 1998 CCPC meeting. This Petition has tentatively been scheduled for the February 24, 1998 BZA Public Hearing. Collier County Planning Commission: CHAIRMAN v m c£ PzTx?io (VArIAnCE ROM SETBACKIS). REQUIRED FOR A P~TICU~ ZONING DI~IC~) PETITION NO. '~.-~ · 9 ~ -1 5 ~ .... · , ' DATE PETITION ~E~' (~0~ T0 BE FILLED IN BY STAFF) PETITIONER'S NA~ Lana S. Chadwick PETITIONER'S ADDRESS 118 Cajeput Drive Naples, Florida 34108 Kenneth D. Goochr~n AGENT'S ADDRESS %~%~ p~g~m~ nr~w. Kuit~ 4o5 TELEPHONE 941-598-4262 Naplm~ Florida 34108 TELEPHONE 941-514-4900 LEGAL DESCRIPTION OF SUBJ.ECT PROPERTY: LOT(S) 14 BLOCK(S) Pine Ridge ~ ; SUBDIVISION Extension SECT.ION ~- TWP. -" RANGE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY RSF-1 L EXISTING LAND USE ON SUBJECT PROPERTY ADJACENT ZONING & LAND USE N S E W ZONING RSF-1 RSF-1 Residential LAND USE Residential Residential Lake MINIPP. LM YARD REQUIREMENTS FOR SUBJECT PROPERTY CORNER LOT: NO/YES (CIRCLE ONE) WATERFRON LOT: NO/YES (CIRCLE ONE) Private lakefront FRONT: 50' SIDE: 30' RFJLR: 50 ' FEB 2 4 '!998 NATURE OF PETITION Provide a detailed explanation of th~ request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroackment came to be; etc. See attached Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and ~hat the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) ~e there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. NO 2 FEB 2 4, 1998 The southeast wall of the house encroaches .5 feet into the required 30-foot interior lot line set-back. The roofed, screened gazebo at the southwest comer encroaches 4 feet into the 30-foot interior set-back. Proposed.. Reduce south side set-back to 26feet. The northwesterly comer of the tennis court lies 13.3 into the set-back and is surrounded by 12-foot fence. The tennis court is presently 16.7' from the property line. Proposed.. Waive compliance with Section 2.6. 2.2 LDC as to the location of the tennis court and exempt the fence from the 6-foot maximum fence height. Also waive any compliance with respect to distance from home. The utility shed at the northeast comer of the property is located approximately 4' from the interior lot line. Proposed.. Waive compliance with Section 2.6.2.2 LDC. Existing principal structure, including the fermis court, was built in 1988 under Building Permit #88-1585. Petitioner purchased the property on July 30, 1991 (copy of deed attached). All such encroachments existed prior to the Petitioner acquiring the pr encroachments (except for ,operty and the the utility shed) were not identified by the Petitioner s surveyor Lamar Evers) at the time of purchase. (W. A variance on these encroachments is requested because the alternative is demolition which will severely diminish the value of the property. FEB 2 4 1998 Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Encroachments 1-3 existed when the certificate of occupancy was issued. All of the encroachments existed at the time Petitioner acquired the property. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applican't. The encroacb, ments create title defects and would require demolishing part of the existing structure. One purchaser has already refused to rlose due to these issues. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health safety or welfare. , Yes Will granting the variance requested confer on the ]3etitioner any special privilege tha~ is denied by these zoning regula~icns to other lands, buildings, or structures in the same zoning district. FEB 2 4 1998 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No Will granting the variance be consistent with the growth management plan. FEB 2 4 1998 AFFIDAVIT State of Florida County of Collier I, Lana S. Chadwick being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the p~oposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit Kenneth D. Goodman to act as my (AGENT'S NAME) representative in any matters regarding this Petition. The foregoing Agreement Sheet was acknowledged before me this /4 day of November . , 1997 by Lana S. Chadwick X , who is personallylknown to me or who has produced as identification ~hd who did (did not) take an oath. Ccm~i ssion # My Commission Expires: SIGNA~ OF AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this ~ day of Nove~2~er , 199 7 by Kenneth D. Goodman X , who is personally known to me or who has produced as identificatlcn and who did (did not) take an oat~. (' 'gnature of Notary Public) 5 VARIANCE APPLICATION/md NOTARY PUBLIC Commission # My Com~mission Expires: B 4 1998 .o./& LANA S. CHADWICK 118 Cajeput Drive Naples, Florida :34108 941-598-4262 November 17, 1997 COLLIER COUNTY GOVERNMENT Naples, Florida Variance Petition Lot 14, Block L, Pine Ridge Extension Dear Sirs: I am the owner of the referenced property and hereby authorize Kenneth D. Goodman to act as my agent in all matters related to the Variance Petition. I confirm that I l'zave read the Variance Petition and all information contained therein is honest and true to the best of my knowledge and belief. STATE OF FLORIDA COUNTY OF COLLIER 'rhe foregoing instrument wa~ acknowledged before me this /'~ day of November, 1997, by l.~na S. Chadwick, who ~ is per~on~ly kno~.n to me or [] has produced a driver's license as identification, and who did take an oath. Sign Print NOTARY PUBLIC: State of Florida at Large My Commission Expires: :~'EB 2 4 1998 I I I I I I ~'""",--- ~, I a ,. $57°72-]211 01502567 &]LLIER COUNTY B~I .la. 30 PII I: 25 RECCRD£D A~-4- ~t~ - 19%h ~ o/ Ju/y A.D. /~91 ~/ t.ke O:~ o/ C~]2J.e~ i,~ tke $~e ~/ Florida Pe'~o/t~,,~o,~lp.r~. ~se ~ ~-~ ~: 118 ~j~ ~i~, ~1~, ~ 33963 ~. ~ ~ ~ ~ o/ ~ ~_~ /~ ~ ~ ~. o/ ~ ~ o/ ~ to ~' ' Lot 14, BL:~_k L, PL'xe ~id~ i2x-~--.mian, a~ ~ p~t ~f ~ at P~= ~ 3, Pa~ 51, ~Iic ~r~ of ~lli~ ~, F~ri~. Rec~i.,cd $ ~/. ~ ~ument~r/ Sia~p Rece;v20 S . / Class'C" Int~r.~;b~e 001635 002~12 OR 800K ~ f~t 4~f w~'l/en. £.$. 2 4 199 II I i I I i ! 'OKI '(/OOtl '~1 Pg. 2 4190 q ~'---Z ~ ,* S'T 'TT CUMMINGS & LOCKWOOD 941-649-3111, FOlc 941-262-6092 ColDer County Government ~t Pla~th~ Se~-tion, Community D~'~lopment S~rvices Division Development Services Building 2800 North Hor-~eshoe Drivc Naples, Florida 34104 IL:: Opposition PttlZlon ]Vo. V-97-15 for an After-the-Fact Variance Scheduled Hearing February 5, 1998 at 8:30 ~LM. This is to advise you that we r~present Joe B. Cox, Trustee of the Jeruno Trust Dated Decemb~ 6, 1996, lhe property owner of Lot 15, Block L, Pine Ridge Exter~sion, and known as 136 Cajeput Drive, Naples, ("Property Owner"). At'inched hereto as Exhibit "A" is a copy of the ~bject Warranty De,ed. Such property is h>cated within :300 feet of th~ subject property for which at':r-the-fact variances have been requested pursuant to Petition No. V-97-15, filed by Kenneth D. Goodman, r,zpr~e, ntiag Iaaa S. Chadwick Such Property Owner opposes the Petition on the basis of several ground.s, and requests thai the Collier County Planning Commission deny the Petition for said variances. In support of such opposition, the Propea7 Owner mSLXCtfully submits the following: ~PPOSITION TO PETITION A. Failure to Give Adequate Nofi_c_e Said Property Owner did not receive the required not/cc of the time and place of the February 5, 1998, public hearing before the Planning Commission in accordance with Section 2.7.5.4 of the Collier County Land Development Code. Pursuant to that Section, notice of the hearing shall be sent "at least fiReen days in advance of the hearing by mail to all owners of property within 300 feet of' the property lines of the land for which a yin'lance is sought." It was only by a serendipitous request that said Property Owner received information as to the ~Jaeduled iL'ne and place of the hearing. Counsel for the Property Owner contacted the Community Development & Environmental Services Division by telephone on January 28, 1998, and was provided by information and a Facsimile of said Notice. Although AGEN~ ~TE.M FEB 2 4 1998 ............. cb~tJ~l,.~GS & LOCIO~OOD l~O~ Collier County Government -2- Current Planning Secdon, Commu. n.ity Developmem~ Se.,Mce~ Division Fcbruary4,1998 the Notice was dated Janua~ 16, 1998, it ~ not sent to t, aid Property Ownm- until January 28, 1998, by facsimile. Attached he.~o a~ Exhibit "B" ;~ a copy of the fax memorandum which enclosed ~c undmcly Notice. Ss. id owner purchased the property on December 6, 1996, without knowledge of thc subject accessory structure~ and tennis court being improperly loceted over thc requixed setbacks and/or being in non-compliance with thc Collier County Land Development Code. It was only recently that said Property Owner learned of the improper location of these item& Further, it was only recently that said Property Owner was disturbed by the noise of play on the clo~ly and improperly located tennis court to said Property Owner's lot, as a result of recent play on thc tennis court. Until recently, there had not been frequent Nay on the rennin_ courts. Thc Petitioner's request for variances for thc foregoing itcm.~ is excessive and contrary to thc intent of variances as well as the Collier County Land Development Code. Specifically, Petitioner requc~'t~ that a 13.3 foot after-thc-fact variance from thc required 30 foot sidcyard setback be granted for thc tctmis court along thc north property line. Such an after-the- fact va.riancc is a 44% variallee fl'om thc required setbacks. Further, the Properly Owner submits that such tezmis court violates the setbacks for acc..e.~ory smacmms on waterfront lots under Section 2.6.2.2. of the Collier County Land Development Code. The opposing Property Owner submits that play at thc improperly located tennis court adjacent to said owner's lot has disrupted and harms s;tid owner's enjoy'ment of the property. Further, said owner's view of thc lake is obstructed by the location of said tennis court. Such tennis court is ~trrounded by a very high fence, believed to be over 12 feet high, wel/over the six foot height Limit which may be required by Section 2.6.11.2.1. of thc Collier County Land Development Code. A.s a result, sa/d owner is unable to enjoy the view of thc lake as he would otherwise be able to do so. Similarly, the utility shed at the northeast Comer of thc subject property is improperly located approximately 4 feet from thc interior lot linc of Lot 15, where this opposing Property Owner resides. Such utility sh,~d is not in compliance with Section 2.6.2.2. of the Collier County Land Development Code. Further, this shed obstructs thc view of the opposing Propen'y Owner to the waterfront lake. The shed is currently improperly located in a setback Attached hereto as Exhibit "C" is a recent surn, cy of the subject lot and setbacks. AGENDA ITEM x FEB 2 4 1998 P g:.? ~ 02/04/98 ~ 17:41 FAX 19412526092 CUllINGS & LOCI~OOD ~00, Collier County Government -3- Current Planning Section, Community Development Services Division February 4, 1998 C. The op_t>osin~ Pro? Owner her~l:ry submits to the Planning Commi.nsion that the Petitioner cannot meet the standards for a variance as set forth in Section 2.7.5.6. of Collier Co~n _ty L~nd l~velopmen! Qode. as to the following: I. The subject encroachments of the shed and tennis court, whether or not they existed when the Certificate of Occu~ was issued, or when the Petitioner acquired the property, should not be considered "special conditions and cixcurastances existing which are peculiar to the location, size, and characteristics of the land, structtm:, or building involved." Them are requirements as to the zonL~ of this lot and the accessories and tennis court, which should not be ignored just because said improperly located encroachments existed when the land was acquixed by Petitioner. Ostensibly, the Petitioner's titlc policy would have put Petitioner on nmice of the encroachments. Further, the adjaeeat lot was acquired by thc opposing land owner, and an inducement to the purchase of said lot was that the neighboring land owners in the Pine Ridge Subdivision maintained their properties in accordance with the applicable laws, ordinances, and codes. The lake is an asset W the adjoining lots, and the shed ~nd tcrmis court, which arc improperly located withia thc setback, obstruct the opposing Property Owner's view of said la3cc. 2. The Petitioner should not be able to claim that the existence of the improperly located encroachments prior to the time thc' Petitioner acquired thc property constitute "special conditions and circumstances which did not result from the action of the applicant." Although it is agreed that such pre-existing conditions existed prior to the purchase of the property, said P~tioner should be held to a standard of due diligence and i~tlon as to the setbacks. Petitioner would have beeu aware by the title policy. Also, it would be a lack of due diligence if a survey was not performed prior to ~e purchase of thc properW and this opposing Pm~r~y Owner submits that such a survey should have been performed and if it wasn't, then Petitioner is not a bona fide purchazer without notice as such a survey should have reasonably been performed. If such survey was performed, the Petitioner ~ on notice and therefore took the property subject to the risks of the encroachment. Notwithstanding, the opposing Property Owner submits that a survey may have been performed on July' 16, 1991 by George C. Spencer which indicated the encroachments for which Petitioner was aware prior to purchase. 3. The opposing Property Owner submits that a "literal interpretation of this zon;ng code" would not work "unnecessary and undue hardship on the applicant or create practical difficulties on the applicant." Thc burden to demolishing the existing structure of the tennis court and/or the shed, it outweighed by thc burden of the tennis court and shed to the opposing Property Owner. if the~e items are allowed to exist and the after-the-f~-* ~-,-io~,. i, .... FEB 2 4 1998 ......... ~ ~,.~ r~ zw4zZmZouwz Cl~I~GS & LOCKWOOD ~00 Collier County Government -4- Curr~nt Planning Section, Community Development Services Division February 4, 1998 grant~l, thc opposing Property Owner's view oftl~ lake will be obstmct~ and his enjoyment of the propertl~ will also bc harmed. As stated i~>ovc, thc noise of thc t~nnis courts at such s close proximity to thc adjoining property's land creates an ,,n-e.e. essary and harmful condition to th~ enjoyment of thc adjoining lxopert7, Whether or not "one purchaser has already refused to close duc to these issue", should not be relevant to whether or not ~nforcement of the land development code and zoning should be enforced. The r~ult bckng that a message would be sent to other Property Owncr~ that structures could be constructed in violation of the applicable development co<les with r~lief allowed if it would help the s~.le of that property. Attached hereto as Exhibit "D" is a copy of a proposed sa. les contract which the opposing Property Owner submits may refer to the al.legation tlmt the encroaJ:hrnent msuhed in the failure to close on a r~.le. As indicated therein, there w~s mention of the re. quest for variances and thc price ts.g of $20,000.00 was provided as a credit in thc,. case where the variance would not be granted. Thus, the hardship appears to be $20,000 -- ',,ahethcr or not thc Petitioner's profit from- a sale will be realized in that amount or decreased bi,' such amount. Tkat is the issue. In addition, this Property Owner submits thst the Petitioner was aware of the storage shod's improper location when she purch~<~cl the home. Enclosed as Exhibit "E" is a copy of con'cspondence dated November 10, 1997, from attorney for the Petitioner indicating that Petitioner had knowledge of the shed's location and even accepted a $1,500.00 credit from the seller to resolve the issue. 4. Thc variance requested is urmecessm-7 and ~ppears to be a large variance with respect to the tennis court. The requested variance is approximately 44% in excess of the allowed setback. $. The Property Owner submits that if the variance is granted, it will confer upon the Petitioner the privilege that is denied by Section 2.6.2.2. of the Collier County Land Development Code with respect to accessory structures on waterfront lo~. In eft'e~ct, the Petitioner will be granted a variance for an improperly situated rt:creational tennis court, for the purposes of enhancing the viability of the sale of the property. 6. The opposing Property Owner submits that the requested v~iance is not "in tmrmony with the intent and purpose of this zoning code, and not injurious to thc neighborhood". The zoning codes are in existence for the purposes of providing all property owners with the ability to enjoy their property. As stated above, thc opposing Property Owner's enjoyment of' his property ha~ been compromised due to the obstructe<l view and noise a~ a rezuh of the encroachments. Further, the opposing Property Owner request~ that Petitioner provide AGENDA FEB 2 4 1996 Collier County Government -5- Current Planning Section, Community Development Services Division Febru~y 4. 1998 evidsm~ tl~ such v~i~ne~ will not contradict tl~ gov~rr,_jpg provisions of ti~ ~n of ~ts for the Pine Ridge Second ~ion subdivision which govern ssid prol~rty. 7. The opposing P~ Owner submits ttmt tl~ "natural conditions" of the at[joining lake, known ~s Mockingbird Lilt. e, should tn unobsm~t~ to ~ll agljoininE llm. d owaers. Allowing the vmri~ce relating to the teaais court ~ ~hed will result in obstruction of tl~ view of this l~e as set forth above. For roll of the foregoing reasons, the opposing Property Owner requests that the Collier County Phmszing Commission deny Petition No. V-97-15 ~s to its request for a~ter-the-fa~t variar~ces from setbacks for the subject tennis court and shed, ss well ss denying any request for the waiver of P.-titioner's compliance with Section 2.6.2.2. of the Collier County Land Development Code. It is submitted by this Property Owner ~ Petitioner ~ not met the standsrds as set forth in Section 2.7.5.6. of the Collier County Land Development Code. Alternatively, said Property Owner rexlUeSts a continuance basexi upon f~ilur~ to rec.~ive the requir~ fifteen (15) days notice pursuant to Section 2.7.5.4. of the Collier County Lmad Development Code. .lEK/tlk Enclosures cc: Fred Reischl, Planner II (via hand-delivery) AVery ~tx~uly yours, 1~2302121.DOC 02/0,~/98 FEB 2 ,i 1998 ~ ~ O~ ~,, l'~i~ 400 N~I~, ~ ~4105-2738 67212~1 ' ~ ~ --' ~ ~ C. ~ ~ 70~ ~. CO~ J41~, ~rM~ ~ ~ ~et: WI~~: ~ ~ ~or. far ~ receipt ~ ~ ~ a~gM, ~ t~, ~1~, 1~, ~, ~. ~, ~ ~ ~ ~o the ~t 15, BI~ L, P~ ~dge ~i~, ~CT TO ~ning. b~inI ~ ~ ot~ ~e r~'~o~ ~M ~ ~~ ~. ~ oil, ~, G~or h~ ~o~ n't~ ~ ~l ~ m tell ~ m~ sam ~, ~ ~ ~ ~ ~ ~t~ tO ~ ~ ~ will d~t~ t~ t~ atari the ~1 c~l~ of a~ pe~o~ wha~o~r,. ~ t~ t~ ~ ~ ~ ~ ~ ~~, ~t t~ atoning ~seo~ 1o Dtc~er ~1, WITNESS WEEILEOF, tae s=~I C~or mu ,it--d a~d sealed t~o, prea~u~ ~e day mW yeaz first ~ Off~.e Addres~ ' _ I hereby certify tkat on thi~ day before mc sn acknowled ements ersormll a eared'N offtcex dui authorized to ' · pcrsonauy knowng tog me ~otz: wh..o...l~.c~..o_w~ledg.~ gto.m' =~ that tlae ~ descri.be~_ = ~ · ,'-~=u cae .......... ~ e.xecu~_ the same, who ,-- · -~,,,,-m~ zorms of identification': COT.T.~ CO[.TN~ C:~~ COM~iUNI'IW DEVELOP~ AND ~..S00 NORTH HORKE~HOE DHIVI E1TVTI1ONI~e?~AL SERVICES DIVISION NAPLES. FLORIDA a41ot (~¢11 643-32~:~ OZ' (94"-) g4,3-~V6B TOT2~. PAGES INCLUDIN~ COVEI~ SII~'ET; ,~ SPECI-AL Ii~STR~CTION: B .ullcU.ng R~,riew & Permln:l~ (9411 41)3-2400 Nabir~l Rtaourca~ (941) 4,0~-2440 Pl,tnniz~ Scr~ic~j ['941} 403-2330 Pollution Contrc)l CS41) 732-250 (~41) 403-230 FEB 2 4 1998 ...._.g. _,:,z7 ,.. i COLLAR COUN GOVERNMENT 2800 NOI~TH HO~OK DKIVE N.Ma~.~'-q, I~OILI~A a41o4 This ia to ack-ism you ThU=~y, Tabby T~i~i Trail, Naples, V-97-15~) K~eth D. OeeC, represen:L~ ~na S. ~ a :ennSs c~ur: K~o~g :he ~o~h p:~ 1~, :o 16.7 fee:; ~d a CaJe~: Driv~, fur:her described as Lo: 14, Block L, EXt eno ion. You are Indirect to appear And be heard at the public hearing, or you ma.y' torten= ~lt~Lr~g Section, ~vel~nt Se~icel Building, 2800 North Horsesh~ D:ive, East Na~les, rlori~, prior :o Feb~ary 5, 1998 rill be conaide:e~ at unsure ~hmt a ~rerbat~ reco:d of the procee~nge is ~de, ~i~ record This petition application develc.~nent plans and/or master plan if applicable, lib:ed abo~e. ~ea~e con:act the amassed p~e: ~ted be~o~ a: 403-2400 to · mt up &n appoin~mn: if you wish to review the file. %'er~oll ~.e, . (~¢1) 403-2400 Nature/ lq~om~ (941) 'r'sg.-g.5os (941) 403-24,40 Pl~nnlo4 Ser~icee (941) (941~ 403-1330 Pollution C~rnt~] (941) 732-2502 FEB_2 4 1998 / / / / / / / / FOJND ~CX~J~T I I I ,.~9'59'25'E I ! I I I .I / / .COT 15 GAZEBO O'IAJN FENCE AT (~OURT FOUND LOT 13 rou. o ( occu~ ) a.o c,~ c1 55i.67" 202.72" 201.5~' N10'3_i'2'0'[ 211'1~__~ NO. ~ ~ FEB g 4 1998 AGE D I FEB 2 ,~ 1998 Pa. ~ nL~~r.~~ ' - .......... ,.. .... ,.. 14, ~RESS ~D ~E~: "' : :~'"' .~'~ '~:ZJ4 ;.::l.. :~.' '~' '."' 17. WOWEI~~~PR~T~(~A{' ~~U L '" and brllCh Of t~l ~l ~ tM le~. . "~ :' "' ' ' ~ J ': ~ n~ ~ ~.. n .~ m,~ = ~ )~ .t; ~ ~.'.* pg. J~ TaX I.D., I~ J o(J Jt~M Fur Oindio EXHIBIT A" '4. Continued tm) comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the sut:~livision plat: (f) public utility easements of recon:l (easements are to be located contiguous to Real Property tines and not more titan 10 feet in wictt/~ as to the rear or fronf, lines and 7 1/'2 feet in width as to the side lines, unless othemcise ttated ~erein). 26. O~er terms and conditions 26. A. This contract is contingent upon me Seller's succes~ul application for a variance for certain land use and zoning conditions (the "Petition") wl'~ich exist on the subject pcoperty, including: i) Reduction of south s~cle setback from the required thirty (30) feet to twenty six (26) filet to accommodate the .5 feet encroachment of the southeast wall of the residence; and the encroac.~ment of the existing gazebo; and a reduction of the north side s~t bac~ from the required ten feet to four feet to accommodate [he encroachment of the utJlfty shed Into the interior lot line; ii) waiver of land development code requiremenl:s as to the tennis c~urt location and he;ight of the fence surrounding the tennis court to permit the existing encroachment of the northwest comer of the tennis court into the required setbacks together w{~ the existing fence. In tl~e event that the variances as requested in the Petition are granted in writing by action of the Board of County Commissioners or the staff thereof for the items referenced in Item ti). above, but not for Item (ii) above, Bu,'er may terminate this contract and receiw; all deposit monies, with interest earned thereon, or elect to proceed to closing wtthin five (5) business clays of the County's decision with respect to the Petition with Seller'.~ credit to Buyer in the amount of twenty thousand dollars ($20.OOO.OO)(the "Tennis Court Credit "). Said Tennis Court Creclit will appear on the closing statement as a charge to Sail,er and De deducted from the Seller's sales proceeds. If the Petition has not been granted on or before January 16, 1998 this contract shall be void; Buyer shall not be required to dose; and Buyer shall receive a return of all deposits made with interest thereon. 26. B. 'l'he parties agree that the earnest money shall be deposited in an interest bearing ac, c. ourlt and that the Interest shall accrue to the Buyer. 26. C. Buyer and Seller agree that Standard Realty Corporation is the selling real estate broker end that a commission of three percent (3.0%) of the purchase pdce will be paid by Seller directly to Paul M. Burch (Slandard Realty Corporation) from the proceeds of the sale. 2.~. D. Facsimile signatures shall be binding upon the parties. FEB 2, 1998 LOCKWOOD 320 Page Goodman & Breen ATTQ&NSy! 47 ~&~ )4o~ }0, 1997 J. $tcplxa~ Cr~wfotd. Thiner $12~ Cu~cllo Dr~ve. Suite 2 D~r Mr. Crawt*ord: We are wrappinl up [he kimlrS,rativc variance far Itt J~ebo oral con~ of hume cxccp[ for 30 fool sgl/)ack r~luiremcm). Whoa I.ma Chadwick IxwcbaMd the home. k was poLmecl om that the rten~ Jbccl was not in aa &ccepuble I(x;atlon. ~ ~ nZr~ m ~ F'lensc indlcuc yOUr prcfcrcnc4. Stnccrcly. ~.IL Lana 5, C't~dw~ FEB 2 4 1998 RESOLUTION NO. 98- RELATING TO PETITION NUMBER V"97-15, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRISED .., COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statutes, has conferred on all counties in Florida the power t¢ 10 establish, coordinate and enforce zoning and such business regulations 11 as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land ~3 Development Code (Ordinance No. 91-102) which establishes regulations 14 for the zoning of partzcular geographic divisions of the County, among 15 which is the granting of variances; and 16 WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public la hearing after notice as in said regulations made and provided, and has 19 considered the advisability of a 0.5-foot after-the-fact variance from 20 the required 30 foot side yard setback for the principal structure, 21 atcng the south property line to 29.5 feet; a 4.0 foot after-the-fact 22 varlance from the requlred 3~ fcc% olde yard setback for an accesso~ 23 s%rucsure, along the scu~h property line to 26 feet; a 13.3 foot after- 24 the-fact variance from the required 30 foot side yard setback for a 25 tennis court along the north property line, to 16.7 feet; and a 2.0 26 foot after-the-faci varlance from the requlred structure-to-structure 27 setback of 10 feet for the separaticn between the prlncipal structure 2e and a tennis court, tc 8 feet as shown on the attached plot plan, 29 Exhibit "A", in an RS~-i zone for the property hereinafter described, ]0 and has fsun~ as a matter of fact that satisfactory provision and 31 arrangement have been made ccncernlng all applicable matters required 32 by sale regulatlcns an~ in accordance with Section 2.7.5 of the Zoning 33 Regulations of said Land Development Code for the unincorporated area ]~ of Collier County; and WHEREAS, ail intereste~ parties have been given opportunity to be 36 heard by this Board in puklic meetlng assembled, and the Board having 37 ccnslJereC ali matters ~resen%ed; -1- AG I E FEB NOW THEREFORE BE IT RESOLVED BY THE BOAAD OF ZONING APPFDkLS of Collier County, Florida, that: The Petition V-97-15 filed by Kenneth D. Goodman, representing Lana S. Chadwick, with respect to the property hereinafter described as: Lot 14, Block L, Pine Ridge Extension, as recorded in Plat Book 3, Page 5!, of the Public Reco:ds of Collier County, Florida. 10 be and the same hereby is approved for a 0.5 foot after-the-fact 11 variance from the required 30 foot side yard setback for the principal 12 structure, along the south property line to 29.5 feet; a 4.0 foot 13 after-the-fact variance from the required 30 foot side yard setback fol 14 an accessory structure, along the south property line to 26 feet; a 15 13.3 foot after-the-fact variance from the required 30 foot side yard 16 setback for a tennis court along the north property line, to 16.7 feet 17 and a 2.0 foot after-the-fact variance from the rec[uired structure-to- 18 structure setback of 10 feet for the separation between the principal 19 structure and a tennis court, tc 8 feet, as shown on the attached plot 20 plan, Exhibit "A", of the RSF-I zonlng district wherein said property 21 is located, subject to the following conditions: 23 A. Thls variance is for the encroachments depicted in Exhibit 24 "A", with the exceptlon of the shed, only. 7{ny other 25 encroachment shall require a separate variance. 26 27 B. in the case cf destruction of the encroaching structures, 28 for any reason, to an extent equal to or greater than 50 29 percent of the actual replacement cost of the structure 3o at the time of its destruction, any reconstruction shall 31 conform to the provisions cf the Land Development Code in 32 effect at the ~Ime cf recznstructlon. 33 BE iT RESOLVED that this Resolution relating to Petition Nun%ber 34 V-97-15 be recorded in the minutes of this Board. 35 Th:s Resclutlcn ado~te~ after motion, second and majority vote. 36 Done this 37 38 ATTEST: 39 DWIGHT E. BROCK, Clerk 40 41 day cf , 1998. BOA3iD OF ZONING APPEALS COLLIER COU~'TY, FLORIDA 42 BJ%RB;~RA B. BERRY, Chairlnan 43 Approved ..... as to Form and Legal Su¢'~':en.y:~ 44 46 M~r~-o.~Je !<. Student 47 Assistant County Attorney -2- AGEND.~ No. FEB 2 1998 .,. ,37 EXECUTIVE SUMMARY PETITION V-97-17, DANIEL AND MARGARET KELLY REQUESTING AN AFTER-THE-FACT VARIANCE OF 22.9 FEET FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 7.1 FEET FOR PROPERTY LOCATED ON THE NORTH SIDE OF SANDALWOOD LANE., FURTHER D'ESCKIBED AS THE WEST 150 FEET OF TRACT 57, UNIT 35, GOLDEN GATE ESTATES SUBDWISION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOKIDA. OBJECTWE: This petition seeks an after-the-fact variance of 22.9 feet from the required 30 foot side yard setback to 7.1 fee~ to allow an encroaching shed to remain as it currently exists. CONSIDERATIONS: The subject site is a platted and conforming lot of record that is currently developed with a single family dwelling and includes the encroaching shed structure. The property owner states that they pur:hased the property in 1983 and constructed their home in 1984. Subsequently, they purchased a "Ted's Shed" and had it placed on site. The petitioner states that the "Ted's Shed" salesman told the them that a building permit was not necessary because this type of shed (built on skids) does not occupy a fixed location on the ground. However, this information was incorrect since any shed structure is required to be fixed to the ground. As a result, the encroachment occurred when the shed was anchored (without building permits) on fiat ground that is 7.1 feet from the east property line. The shed complies with all other Estates Zoning setback requirements. The encroachment was discovered when the adjacent property owner filed a complaint with Collier County Code Enforcement. Based on the resulting code enforcement action, the property owner was instructed to move the shed to a conforming location or to obtain a variance. A variance is necessary to allow the owner to complete the after-the-fact building permits for the shed at this location. It should be noted that there are other nearby properties on this same street that contain similar structures with reduced side yard setbacks. However, they were legally constructed (with building permits) using the less restrictive side yard setback requirement of 10 percent of the lot width which was in effect at that time the building permits were issw. d. It is staff's opinion that the granting of this variance will not be in keeping with the general intent and purb'ose &thc Land Development Code. Furthermore, if the petitioner would have obtained a building permit when the structure was erected on site, the proper setback would have been enforced at that time. However, it is unlikely that any detriment to the public welfare would result from its approval of this variance since ti,ere are natural conditions that exist such as the large lot area of the subject property which results in the shed being over 90 feet from any other structure on the adjacent lot. The site is also wooded so that the encroaching stFucture is screened from the adjacent property. As a result, the requested variance will not have an), adverse impact on the circulation of light and air between structures. ~.~) FEB 2 4 1998 The Collier County Planning Commission heard this petition on February 5, 1998 and voted 8 to 0 to forward Petition V-97-17 to the Board of Zoning Appeals (BZA) with a recommendation of denial. This recommendation was based on their findings that there were no existing land related conditions which necessitates the encroachment or abate the impacts of the encroachment. However, the Planning Commission did offer a second recommendation to approve a 1:5 foot variance to allow the shed to be placed 15 feet from the side property line. This would be similar to some other existing structures on Sandalwood ]Lane. However, this motioned was also defiled by a 3 to $ vote. Lastly, two neighbors spoke in opposition to the granting of the variance. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with the applicable provisions of the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: (., · The .olher County Planning Commission (CCPC) forward Petition V-97-17 to the Board of Zoning Appeals (BZA) with a recommendation of denial. PREPARED BY RAY BI~LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: kOBERT a. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION_ DONALD W. ARNOLD, AICP, D/RECTOR PLA~ING SERVICES D~ E/PARTMENT // ..--,,-~,' . .' . ., ~ -- '-" /z.' / '/ " / ,"/ ~?--'-"" · ~-- -' L ,__.. VINCENT A. ~AUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE V-97-17.'EX SUMMARYfRVB.'rb FEB 2 4 ;998 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE: RE: COMMUNITY DEVELOPMENT SERVICES DIVISION JANUARY 12, 1998 PETITION NO: V-97-17 OWNER/AGENT: Agent/Owner: Daniel and Margaret Kelly 6831 Sandalwood Lane Naples, Florida 34109 REQUESTED ACTION: Thc petitioner requests an after-the-fact variance of 22.9 feet from thc side yard setback requirement of 30 feet to 7.1 feet to allow an encroaching shed to remain as it currently exists. ~APHIC LOCATION; The property fronts upon the north side of Sandalwood Lane and is further described as the West 150 feet of Tract 37, Unit 35, Golden Gate Estates, in Section 7, Township 49 South, Range 26 East. (See illustration following page). P_U.R,P_Q~E/I)ESCRIPTI ON FOR VARIANCE; The purpose of this petition is to seek relief from the required side yard setback dimension of thirty (30) feet to 7.1 feet for an existing 10 foot by 16 foot storage shed. The subject site is a platted and conforming lot of record and is zoned "E" Estates. The current property owner states that they purchased the property in 1983 and constructed their home in 1984. Subsequently, they purchased a "Ted's Shed" and had it placed on site. The petitioner states that the "Ted's Shed" salesman told the them that a building permit was not necessary because this type of shed (built on skids) does not occupy a fixed location on the ground. However, this information was incorrect since a shed structure is required to be fixed to the ground. As a result, the encroactunent occurred when the shed was placed (without building permits) on fiat ground that is 7.1 feet fi.om the east property line. /he shed complies with all other Estates Zoning se$ba~:k / requirements. ~.. ~9__~)% ) FEB 2 4 1998 I OF BOUNDARY SURVEY EXHIBI! 1998 The encroachment was only discovered when the adjacent property owner filed a complaint with Collier County Code Enforcement. Based on the resulting code enforcement action, the property owner was instructed to move the shed to a conforming location or to obtain a variance. A variance is necessary to allow the owner to complete the after-the-fact building permits for the shed at this location. It should be noted that there are other nearby properties on this same street that contain similar structures with reduced side yard setbacks. However, they were legally constructed (with building permits) using the less restrictive side yard setback requirement of 10 percent of the lot width which was in effect at that time the building permits were issued. SURROUNDING LAND USE AND ZONING: Existing: The site currently contains an existing single family dwelling and detached shed and is zoned Estates. Surrounding: North- Vacant; Zoned: "E" Estates East - Single family; Zoned: "E" Estates West - Single family; Zoned: "E" Estates South- Sandalwood Lane & Single family; Zoned: "E" Estates GROWTH ,MANAGEMENT PLAN CONSISTENCY: The requested variance does not have any impact on this property's consistency with the County's Grov:th Management Plan. EVALUATION FOR INFRASTRUCTURE: ENVIRON.MENTAL. TRANSPORTATION AND Approval of this variance request will have no effect on infrastructure, transportation or the environment. Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: ao Are there special conditious and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, the subject site is located on a platted conforming lot of record in the Golden Gate Estates Subdivision. If the owner would have obtained a building permit when the stn~cture was erected on site, they would have been informed of the proper side yard setback. However, the petitioner states that due to the slope of the property away from the dwelling, it would be difficult to place the 10' x 16' shed alongside th iir h~ a I0 foot separation between structures. In addition, due to the extensive shrubb&y- 2 FEB 2 4 1991 trees, the shed will be difficult to move to a. conforming location. The extensive vegetation has the added benefit of screening the shed from the adjacent property owner. Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No. The shed was purchased by the current property owner and placed on site with their approval. Although, the owner states that the "Ted's Shed" salesman incorrectly told them that a building permit was not necessary because this type of shed (on skids) does not occupy a fixed location on the ground. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? A literal interpretation of the Code would require that the shed to be moved to meet the 30 Foot setback requirement thereby allowing the building permits to be issued. Moving the shed should not be a large problem since it is on skids. However, the petitioner indicates that finding and preparing a new location will require clearing and filling the heavily wooded site. It will also require the expensive relocation of the water pumps and equipment which have been installed along the north side of the shed. The shed currently buffers the noise of the pumps from the neighbors. Furthermore, due to the large land area of the Estates district, the structure is over 90 feet fi'om any structure on the adjacent prol~erty. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and ~'hich promote standards of health, safet)' and welfare? Yes, the structure is existing and is the minimum variance required to bring the existing structure into compliance with the requirements of the Land Development Code. However, since the shed is on skids, it could be moved to a more conforming location. V¥ill granting the variance requested confer on the petitioner an.',' special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of the requested variance will allow the petitioner to have a structure closer to the side property line than is currently required by the Estates zoning district, however, all variances effectively do this. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the nei "~'- otherwise detrimental to the public ,~'elfare? 3 FEB 2 1998 In the opinion of staff, the granting of this variance ,,,,'ill not be in keeping with the general intent and purpose of the Land Development Code. However, it is unlikely that any detriment to the public welfare would result from its approval since the existing structure is 7.1 feet from the side lot line. In addition, due to the large lot area of the subject property, the encroaching structure is over 90 feet from the adjacent dwelling. Staff is of the opinion that the shed will not have any adverse impact on the circulation of light and air between structures. Furthermore, there are other nearby properties on this street that contain similar structures that were constructed (with building permits) using the 10 percent of the lot width setback requirement. Today, these pre-existing structures are deemed to be legal non-conforming structures. As a result, the granting of this variance will not be injurious to the neighborhood. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural presern'es, lakes, golf courses, etc.? No. The existing structure encroaches 22.9 feet into the required 30 foot side yard setback. However, the area is thickly '*'ooded which screens the shed from the adjacent property. Since the shed is over 90 feet fi.om another structure, it ','ill not cause any adverse impact on the circulation of light and air betv,'een structures. Will granting the variance be consistent with the Growth Management Plan? 'lhe granting of the requested variance will not affect or change the requirements of the (;rox,.-th Management Plan. It should be noted that the existing side yard encroachment will not adversely impact the light/air circulation or visually impact the adjacent property. The encroachment will also not block site distance and/or create other safety concerns that would necessitate a minimum 30 foot side yard setback. As a result, the structure will not be injurious or otherwvise detrimental to the adjacent land uses. However, the existing encroachment is the result of the applicant's failure to obtain a building permit for the structure when it was erected on site. Therefore, staff is constrained from recommending approval. ST_AEE RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition V-97-17 to the Board of Zoning Appeals with a recommendation of denial due to the fact that the encroachment was created by the applicant and due to a lack of any land related hardship. AG I~ U DA I TE M FEB 2 4 1998 pa. ~ PREPARED BY: AL PLANNER DAT~ KEVIEWED BY: /ROBERT J. MULHEKE, .adC'P, MANAGER CURRENT PLANNING SECTION . ¢rsc~s-rX. c^trr~o, aDMrmSr~TOR co~nm.~ry D~-V. ~ £~rmoNm]~m'AL SVCS. DATE DATE Petition Number V-97-17 Staff Report for February 5, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICJIA.EL A. DAVIS, CHAIKMAN V-97-17/STAFF REPORT/RV'B/rb FEB 2 4 1998 ....,,=_Pg. VARIA/qCE PETITION (V/--RIA/~CE FROM SETBACK(S) . REQUIRED FOR A PARTICULAR ZONING DISTRICT) '.',-~ . ~. · . PETITION NO. ~' ¥" 9 ? '1 ~ ~ D~ PEr~r~ON ~D ~o~ TO B~ F~nZ~ m~ BY ST~FF~ PETITIONER'S NAME "~;~/ ~ , PETITIO~R'S ~DRESS AGENT' S ~D~SS / LEG~ DESCRIPTION OF SUBJECT PROPERTY: SUBDIVISiON~~SECTiON ~ TWP. (If legal descrmp%lon is lengthy, i.e. metes & bounds description, attach addi~icnal page) TELEPHONE TE LE P HONE.~~-- LoTIsI BLOCKISl CURRENT ZONING OF SUBJECT PROPERTY EXISTING LAND USE ON SUBJECT A.Du/-,.C:...~ Z,.,N.N,~ & LA,ND USE ZONING LAND USE N //~, ~ ~-- s MINI~ Y~D REQUIR~ENTS FOR SUBJECT PROPERTY FRONT: '7~- SIDE: 50 ~e3J~: '7b CORNER LOT:~YES (CIRCLE ONE) WATERFRON LOT:~YES (CIRCLE ONE) FEB 2 4 1998 NATURE OF PETITION Provlde a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroacP~ent is necessary; how existing encroachment came to be; etc. Be~nd°our house and along the east lot line, we have a 10' x 16' "Ted's Shed" on skids, located 7.1 feet from the lot line. It is 90 feet to the rear of the complaining neighbor's house, and completely screened by shrubbery and trees. (See Addendum Exhibits A and Our lot was purchased in 1983 and our home built in 1984. When we purchased the "Ted's Shed" the salesman told us that a permit was not necessary because Collier County did not define these sheds to be "structures" because they are mobile and do not "occupy a fixed location on the ground." (See Exhibit C.) Our lot is only 150 feet wide. With 30 foot setbacks, there is not enough room to place a shed alongside our home with 10 feet clearance between the shed and our home. Our lot is heavily wooded and very low. We only cleared and filled a limited area for the housepad. Moving the shed ~o a location with a 30 foot setback will require more clearing and filling. We request that we be allowed to leave the shed in its place. If this is not possible, we request to use the !/10 of lot width setback that our complaining neighbor was allowed for his very large garage.on a much wider lot than ours. (See Exhibits B and D.) Please note that staff and the Collier County Planning Commission shall be guided in their recom~endation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Our lot is only 150 feet wide. There is not room for a shed to be placed alongside our home with 30 foot setbacks. The shed is almost completely screened from the neighors' view by shrubbery and trees in its present location, 90 feet to the rear of their home. (See picture EXhibit A.) .*.e.~3~ o Are there spec!ai conditlcns and clrc~nstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The lot is heavily wooded and very low. Except for a small area for the housepad, the yard has been left in its natural state. Moving the shed will require more clearing and filling. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Moving the shed is not a large problem because it is mobile. Finding and preparing a new location is more difficult and will require clearing and filling. Moving it will also force us to relocate all of our water pumps and ecfuipment which have been installed along the north side of the shed where they are out of view and the noise is buffered from the neigh_bors. Will the variance, if granted, be the minimum variance that will make possible ~he reasonable use of the land, building or structure and which promote standards of health, safety or welfare. If the Board decides that the shed may not remain where it is, we propose tc pivot the shed in its present location. This will increase the setback from 7.5 feet to the 15 foot, 1/10 of lot width variance cur complaining neighbor enjoys, while causing a minimum of disruption to our landscape. Will granting =he variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. On the contrary, allowing the variance will confer the same privilege to the owner that the complaining neighJoor already enjoys. Since three homes on our street with the same lot widtk have sheds or garages at a 7.5 foot setback or less, and numerous homes in the neigb, borhood utilize a 15 foot setback, many with very elaborate structures, denying the variance would be selec~iveiy and discriminately enforcing the code against a single homeowner at the behest of a neighbor who already has '.he same variance. Mr. Gulotta, our next door neighbor who complained, has been freely granted variances for the sideyard setback for his garage, for the sideyard setback for his large, deep, pond, which is 40 feet from our lot line (not 50), for the sideslopes of his pond, which are nearly vertical on three sides (Addendum E), and for the height of fill required for his home. All we are asking is one of the privileges he enjoys, a sideyard setback variance for our shed. Mr. Gulotta is complaining about our shed because he is angry I asked Collier County if a fence is required around his tha~ ...... ~om collier County told me that pon~. uary .~arr~son .-? _ --= -~ ~o fence is required. everything is in oraer wl~n the p~nu ~ ,, -: .... ~ ~,, the SO Mr. Gulotta has not even peen lnconvenl=~==~ ~ ~nq~iry. FEB 2 4 998 Will granting the variance be-in harmony with the intent an.O purpose of this zoning code, and not be injurious to the neighborhood, or o~herwise detrlmental to the public we..=~e. Granting the variance will result in an inconspicuous storage facility, mostly screened from the neighbor's view, and utilizing a variance that is used by many homes in the neighborhood of similar lot width. ]ire there natural co.,d.~ions or physically induced conditions that ameliorate the goals and objectives of the regulation such as na~ura! preserves, lakes, golf course, etc. Wi!~ granting ~he variance be consistent with the growth manac, ement ~ian. Nc impact. 4 AGENDA FEB 2 4 1998 /¥ , AFFIDAVIT and say~khat I am th~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 mat=er at=ached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit to act as my (AGENT'S NAME) representative in any matters regarding this Petition. State of Florida County of Collier The foregoing_~greement Sheet was acknowledged before me this ~ day of ~_3~=~-~W- , .~g29~-~ bY ~,'~¢~'nc h ~-¢.~ , who is personally known td~n~ or who Ms produced as identiflcatlon and who did (did not) take an oath. State of Florida County of Collier (Signature of/Notary Public) Z','~,/Z.,..~,f/..--'~ -U~. 1_~/¢~ ,~ NOTARY PUBLIC Co.T~aission # .~2 ~ ~ 2 ~ My Commission Expires: The foregoing-~greement Sheet was acknowledged before me this ~_ day of [~c~=~- ,~Y ~,.~_~r~ /4 ~JL~ , who i~perscnal!y known r Qbe ~s produced ' as identification and who did (did not) take an oath. (Signature of ~o~ary P~lic) V~tRIANC£ NOTARY PUBLIC Commission # ~'~= &~g My Commis~.~on Expires: FEB Z ,~ 1998 PrePared loc Proposed Insured 1. Effective Date: December 2. Policy o~ Policies to be issued: 26, SCHEDULE A 1983 Youn 8729 Our No. 600966 ALTA Owner's Policy Proposed Insured: DANIEL KELLY and Amount: $ MARGARET KELLY 25,900.00 ALTA Loan Policy Proposed Insured: Amount: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Titletcthe fee simple vested in: NED lg. RENZ estate or interest in said land is at the effective date 5. The land referrecl to in this Commitment is descnbed as follows: The Nest 150 feet of Tract 37, Golden Gate Estates, Unit No. 35, in accordance with and subject to the plat recorded in Plat Book ~, page 85, of the Public Records of Collier County, Florida. SCHEDULE A ALTA Comm,tment-19~:~ GSP. Z88A (Fey. 5-793 FEB 2 4 199 8.. SURVEY In order to accurately locate our property line while recently installing a fence, we had a licensed surveyor, Philip Gaetano, locate and stake-out the property line. We had Mr. Gaetano locate the property line according to markers set by surveyor Tony Trigo in surveying the adjacent property of John Gulotta (the neighbor who complained about the fence and the shed). We did this to avoid any dispute over the property line with John Gulotta, or litigation resulting from differing surveys, as Gary Harrison of Collier County Code Enforcement told us sometimes occurs. This property line has been completely staked out by this professional surveyor, and the white line evident in the photos in the addendum is the stringline from this stakeout. There is no dispute over the location of the property line, unless '~ .,r. Gulot%a disputes his own survey. The location of the existing buildings are the same as in the attached plans from our builder. Measuring the precise distance from the shed to the property line is easily done. FEB 2 4 1998 NO. sxt~Eez~ 4~"~98 Pg. RESOLUTION NO. 98- RELATING TO pETITION NUMBER V-97-17, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statu%es, has conferred on all counties in Florida %he power lo to establish, coordinate and enforce zoning and such business 11 regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land 13 Development Code (Ordinance No. 91-102) which establishes regulation-' 1¢ for tb.e zoning of particular geographic divisions of the County, 15 among which is the granting of variances; and WHEREAS, the Eoard of Zoning A~peals, being the duly elected ~ constituted Board of t.~.e area hereby affected, has held a pu~-lic ~8 hearing after notice as in said regulations made and provided, and 1~ has considered the advisability of a 22.9-foot after-the-fact 2o variance from the required side yard se%back of 30 feet to 7.1 feet 2! as shown on the a%tached plot plan, -'xhibit "A", in an "E" Es-_a'-es 22 zone for the ~rcperty hereinaf=er des=ribed, and has found as a 23 matter cf fact t.~.at satisfactory prc';ision and arrangement have bee: :4 made ccncernl.-.G all applicable matters required by said regulations 25 and in acc-~rdance w'-t.~. Section 2.7.5 of the Zoning Regulations cf 2( said Land De';eic~ment Code for the unincorporated area of Collier 2~ County; and WHEREAS, all interested parties ~-.ave been given opportunity tc :9 ~e h. eard ~y th:s Board in pu-~!ic r. eeting asse.'.~le~-, and %he 5oar~ 3o having considered all mat%ers presen'-~-d; NOW THEREFORE ~E Ii RESOLVED BY THE BOARD OF ZONING A~PEALS o.~ ~2 Collier County, Florida, =hat: The Pe%ition V-97-17 filed by Daniel and Margaret Kelly, with ~¢ respect to the property hereinafter described as: West 150 feet of Tract 37, Golden Gate Estates Unit No. 35, 38 as reco~:ded in Plat Book '7, ~age 8~, of the Public Records oE Collier County, Florida. FEB g 4 1998 shown on the attached plot plan, Exhibit "A", of the "E" Estates zoning distric= wherein said property is located, subject to the following conditions: The variance is only for the encroachment depicted on the attached site plan. BE IT RESOLVED that this Resolution relating to Petition Nu~er V-97-17 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: BOARD OF ZONING APPEA~S DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BAR~ARA B. BERRY, Chairman Approved as to Fcrm and Legal Sufficiency: MarSoO~ ~ Stude~t -- Assistant County Attorney -2- FEB 2 4 1998 SKETCH or BOUNDARY SURVEY ! I I NOTE'. Z. r4~..' EXHIBIT S L" fr.qE'DO C r C:) ~ A 1998 EXECUTIVE SUMMARY APPROVAL OF AN ADDITIONAL CONTRACTOR TO THE LIST OF PRE- QUALIFIED CONTRACTORS PERMITTED TO WORK ON PROJECTS FUNDED THROUGH THE COUNTY RESIDENTIAL REHABILITATION PROGRA3t OBJECTIVE; To have the Board of County Commissioners approve an additional Contractor to work on projects funded through the Collier County Residential Rehabilitation Program. CONSIDERATION; On August 16, 1994 the Board of County Commissioners adopted County Ordinance No. 94-39, implementing the Collier County Residential Rehabilitation Program. The intent of this program is to assist eligible low and very low income homeowners in making necessary and appropriate improvements to their prop,roles in order to enhance the property value and bring them into compliance with the Collier County Housing Code. Resolution No. 94-608, also adopted on August 16, 1994, authorized the Board Chairman to execute contracts between Collier County and Contractors for Rehabilitation related services on behalf of the Board of County Commissioners. The following contractors have already been approved by the Board for this Program: 1) Glenn C. Coryea, General Contractor 2) Haupt and Collins, Inc. 3) J.D. Allen & Associates, Inc. a) William J. Varian Construction Co. 5) Centro Campesino Farmworker Center, Inc. 6) Vandevelde Construction Inc. 7) Biltmore Custom Homes, Inc. 8) Gates McVey Builders, Inc. The County reserves the right to add firms to this list of pre-qualified contractors provided the added contractor(s) meet all of the pre-qualification standards of RFP 94- 2280, and that the action is formally approved by the Board of County Commissioners. In accordance with this provision, the following firm is requesting to be pre-qualified for the Residential Rehabilitation program: Cameron Asset Management, Inc. Pursuant to the terms of the RFP, each pre-qualified contractor enters into a term ~gre,sment with the County for the provision of a broad range of construction and :enovation services. Upon certifying the eligibility of a participant, quotations will be solicited from the pre-qualified contractors. Award will be based on the best over all bid received. ^a~P~t') FEB 2 4 199B FISCAL IMPACT: There is no fiscal impact. The addition ora contractor to the Pre-qualified bidders list simply opens the Collier County Residential Rehabilitation Program up to more competition. Funding for any Contractor who is awarded a specific contract is available in fund 191-138785, Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: The Collier County Residential Rehabilitation Program implements and conforms to Goal 1 and Objective 1.1 of the Housing Element of the Collier County Grow'th Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize the County to enter into contracts with the firm recommended herein for the provision of construction and renovation services set forth under RFI>g 94-2280. Cormac J. Giblin, Planner II, Housing and Urban Improvement Housing arid Urban Improvement Director Steve Camell, CSM, Purchasing Director Vinceht ~. Caufero, 'AICP, Administaror, Communib' Dev. and Environmental Svcs. FEB 2 4 1998 COLLIER COUNTY GOVERNMENT Dr~qsION OF ADMLNISTI:LATFVE SER%'ICES PURC FLa,_S lNG DE PA.RT.M3~NT 3301 E. TAMLAMI TR. NAPLES, FL 33962 {813) 774-8425 A CERTIFI£D BLU~ ~ COgO.4'UNIT'Y "RESIDENTIAL REHABILITATION PROGRAM" ATE _ #94.-218D__~ SEPT_EMBER 12, 1994 FEB g 4 1998 ,g. .,3 REQUEST FOR pROPOSALS #94-2280 TABLE OF CONTENTS PAGE NUMBER PUBLIC NOTICE OF PROPOSAL INSTRUCTIONS TO PROPOSERS ........... 2-5 SCOPE O? ~E.,VICES 6-9 INSURANCE REQUIREMENTS ........... 10-11 PROFESSIONAL & QUALIFYING QUE.-cTIONNAIRE .... PUBLIC ENTITY CRIMES STATEMENT ...... 12-15 16-17 PROPOSER'S CHECK LIST ........... 18 PROJECT' PROPOSAL FORM 19 NON-PRO;>C~SER'S RESPONSE 2C APPENDIX A Sample Agreeme:~ with exhibits FEB 2 4 1998 PUBLIC NOTICE OF REQUEST FOR PROPOSALS Pursuant to approval by the County Manager on August 31, 1994, Sealed Proposals for Certiflca[lon of Contractors for the Residential Rehabilitation Program will be received at the Housing and Urban Improvement Department, 2800 Horseshoe Drive North, Naples, Florida 33942. ' RFP #94-2280 "Residential Rehabilitation Program" Ail proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Collier County does not discriminate based on age, race, color, sex, religion, nat~c~i or]gin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Steve Carnell, Purchasing Director >This Public Not,c,.. ',.':~:~ posted in the Lobby of Building "W", Collier County Government C, '...L~_~- on ~, 1994. FEB g 1998 Po. ~ INSTRUCTIONS TO PROPOSER Collier County seeks to obtain a broad scope of censtructicn-related services pursuant to Collier County's Residential Rehabilitation program from qualified contractors. Inqu!ries concerning %he Rehabilitation Program or the Request for Proposals process should be addressed to: Ccrmac J. Giblin, Planner II Housing and Urban Improvement Department 2800 N. Horseshoe Drive Naples, Florida 34104 941-403-2332 EVALUATION OF PROPOSALS A Selection Comn"~'ee, appointed by the County Manager, will independently evaluate ~ .... tk proposal and select an appropriate number of firms in the manner described under Section B of the part entitled SCOPE OF S~..~iCES PROPOSAL SUBMISSION The procedure cuti~:-:ed :n the Notice of Public Proposal must be followed. Submit the original properly signed in blue ink and clearly marked "Original", tc the Housing and Urban Improvement Director in a sealed envelope on w?~ici~ shall be shown the name of the proposer, proposal due date, .~nd ~!~ name of the proposal and number assigned to the prc. posal. The proposer should retain one copy of the proposal, whether forwarded by ma~] ~.r personally delivered, the above-mentioned envelope must be r,~ce.ved by the Hous:ng and Urban Improvement Director prior to tL~ d,3te and time stated in the Public Notice. Proposals received aftev ,h~ time stated shall be returned unopened to the proposer. Each proposer mu~t submit the Proposal Form included in t~-.~ Request for Proposal. Po. ~ SINGLE PROPOSAL Only one proposal from a legal entity will be considered. If it is found that a proposer is ~nterested in more than one proposal, all proposals ir~ which such a proposer is interested will be rejected. SIGNATURE OF PROPOSER The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the O[£icer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate sea] affixed thereto. QUALIFICATION FORM Each propcser must complete and submit the Professional Qualification Foz-m included in this Request for Proposal. Evidence that the proF,oser is fully cualified and competent to complete this ,ect. Prospective proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and shall not have conflicts of interest under Chapter 112, Section 112-313, Paragraphs 1 through 7 of the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. REJECTION OR ACCEPTANCE OF PROPOSALS The County reserves the right to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier Co~]nty to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County. Any p.roposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County Contract, the County reserves th~ right to accept the proposal of any other proposer or to re-publicJ:~e the solicitation using the same or revised documentation, at its sole discretion. FEB g 4 1998 P,t ~ -- .....- TERMINATION Should the contractor be found to have failed to perform his services in a manner satisfactory to the County per the requirements of the RFP or agreement, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. PROPOSAL DOCUMENTS The Proposal Document shall mean and include the following: Notice of public proposals Proposal Professional and qualifying information INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTIGATION OF PROJECT Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be ,Df the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. WITHDRAWAL OF PROPOSAL No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Housing and Urban Improvement Director prior to the time set for the receipt of proposals, or unless the Housing and Urban Improvement Director fails to accept it within sixty (60) days after the date fixed for receipt of proposals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. Any Contractor who is a recipient of proposes to perform any work or furnish any goods und shall not discriminate against any worker, employee or ~ any me~ber of the public because of age, race, color, se~ national origin, disability or marital status, nor othe~ an unfair employment practice. County funds, or who , religion, wiFEB ~§98 FEB 2 4 1998 PROTEST PROCEDUREs Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Housing and Urban Improvement Director prior t__qo the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Housin9 and Urban Improvement Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be available at the offices of the Housing and Urban Improvement Department. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Housing and Urban Improvement Director within two (2) calendar days (excluding weekends and County holidays) cf the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal prctest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director (Collier County Government Center, Building 8). LOBBYING All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval. BONDS/CONTRACT RETAINAGE In an effort to encourage maximum contractor participation, the contractor will not be required to provide performance or payment bonds for each project. Rather, payment for services and materials will be made upon final completion of the work. In the event that progress payments are issued for a given project, the County reserves the right to retain up to 20 percent of each payable amount until final acceptance of the project. In lieu of retainage, the County will also consider alternative forms of surety acceptable to both the County and to the Contractor. FEB 2 1998 p,. _ SCOPE OF SERVICES PURPOSE The purpose of this Request-for-Proposals is to obtain a broad scope of construction-related services pursuant to Collier County's Residential Rehabilitation program as set forth and established under Collier County Resolution ~94-39 and Resolution ~94-608, adopted August 16, 1994. The intent of the program is to assist eligible homeowners in making necessary and appropriate improvements to their properties that bring the properties into compliance with County housing codes and enhance the values of the properties. A. ELIGIBILITY AND INITIAL INSPECTIONS 1) The Ccl 1 ier County Housing and Urban Improvement Department (hereinafter referred to as "HUI" ) will be responsible for detel',nining the eligibility of each program applicant. Assistance will be provided in the form of zero interest loans to eligible applicants. In order to be eligible, applicants must be considered to }]ave a "low" or "very low income" status as defined under the Code of Federal Regulations, Title 24, Sect ion 813.102. 2) Each property under consideration in the program shall be initially inspected to determine the necessary and appropriate improvements. The County's Code Compliance Department will be responsible for inspecting prospective sites located in the unincorporated area of the County. Inspections within the Naples city limits will, at the option of the City, be conducted by the City's Building Division or the County's Code Compliance Department. 3) The inspecting party shall itemize the necessary and appropriate improvements for each property (or "project"). Priority shall be given to those items necessary to bring the property into compliance with City/County housing codes. The itemized list of improvements shall be provided to each qualified contractor prior to the receipt of bids for each project. 4) General]y, the maximum amount of the loan [rom the County to the homeowner shall be the actual amount paid to the contractor, or fifteen thousand ($15,000) dollars, whichever is less. The maximum amount of the loan will be fifteen thousand dollars ($15,000) as needed to correct Housing Code violations of the Collier County or the City of Naples Housing Code. 5) Improvements completed above and beyond those specified in the Contractor's Work Write-up which exceed the loan amount agreed to between the homeowner and the County shall be negotiated between the homeowner and contractor to determine if those improvements shall be paid for by the homeowner or deemed in-kind services by · G D T the contractor. FEB 1998 ___...// .___ B. PRE-QUALIFICATION OF CONTRACTORS Upon the approval of each application (including the initial property inspection), HUI will solicit bids for the work identified in the initial inspection from a list of pre-qualified contractors. The pre-qualification process will be conducted as follows: 1) Issuance of the Request for Proposals (this document). 2) Scheduling of a pre-proposal conference (Optional see p.1 for date, time and location). 3) Submission of qualifications-related information as requested in the RFP by closing date and time (see p.1) . 4) Receipt and evaluation of the proposals. The appointed selection committee will review and evaluate the information submitted by each contractor. Proposals shall include, but not be limited to, the following documentation: a. County and/or City occupational ]icenses b. Current Certificates of Insurant"- pursuant to the ]equirements of the RFP (p. 10 and 11) . 5) 6) 7) c. Proposer Qualification Form. the Board of County Commissioners provided that t contractors meet all of the pre-qualification requir this RFP and that action is [ormally approved by the County Commissioners. d. References from: 1. Two (2) major suppliers from whom construction materials have been purchased. 2. l,ocal financial institutions through which credit has been established. 3. individuals (including address, phone numbers, and dollar ,.,aloe of jobs) for whom work has been recently completed. Upon review of all proposals, the committee will submit a formal recommendation to the Board of County Commissioners identifying the firms deemed to be pre-qualified and recommended for award of a contract. Upon approval by the Board, each awardee will enter into a general agreement with the County to provide residential rehabilitation services and participate in the program. The execution of said agreement shal 1 not a guarantee to the Contract,Dr that work will be awarded to the Contractor. Instead, each contractor under agreement with the County will be afforded thc opportunity to submit formal b~ds for each eligible program project . The County reserves the right to add firms to the list~: .... ~of pre-qualified contractors after adoption of the initia he N~ ;ment s of BID SOLICITATION (Project-by-Project) Upon approval of the pre-qualified list of contractors, HUI will solicit bids from the pre-qualified firms for each project eligible for participation in the program. Each bidder will be provided with specifications pertaininq to the Work to be performed. Specifications shall generally include (but not be limited tc) one or more of the following: a) Materials and Workmanship - General; b) Interpretation; c) General Conditions, and; d) Specifications, which address rehabilitation materials eligible for reimbursement under guidelines including: work and program 3) 2. 3. 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Aluminum Awnings and Canopy Appliances Electrical and {;~,~' Blacktop/Parking areas Cabinets Fencing Concrete Work Doors and windows Electrical Floor and Coverings Gutters and Downspouts Insulation Landfill Painting Plumbing Roofing Soffit and Eaves Solar Energy System Termites Tree Removal Vents and Crawl Space Access Exterior and Interior Walls a~d ceiling Finishes In addition, contractors will also be formally advised of any conditions pursuant to the submission of bids, including, but not limited to the date, time and place where bids are to be submitted, the specific information to be lncluded in the bid and the method of awarding the bid. Jr., ed. (Chicago, IL: Frank R. Walker Company). Any 1 that is not covered in this reference may require expla the ccntractor and be broken down by unit cost for the p service performed. Bid awards will be made in accorda~ce with the County's Purchasing policy. In evaluating all bid orices, the County reserves the right to compare labor rates submitted for rehabilitation work under this program to the most recent edition of The Building Estimator's Reference }{ook, william H. Spradlin, nat ~rticular FEB 2 4 1998 4) 5) 6) ['age 11 In addition to price, the County shall consider qualitative factors where relevant such as the proposed time of completion, the qualifications, any subcontractors listed for the project and any in-kind contributions offered by each bidder. Upon selection of the bid, HUI will notify the bidders of the results and selection. Failure to respond to two successive invitations to bid, or failure to return the Non-proposer's Response form could result in removal of your firm's name from our pre-qualified list of contractors. D. NOTICE TO PROCEED/COM~4ENCEMENT OF WORK 1) 2) 3) Notice to proceed for each project will be issued by HUI to the Contractor subsequent to the execution of the following documents: The second mortgage and promissory note by the homeowner. b. The Contract for Rehab~!itation of Owner -occupied Dwelling Unit by the Contractor and homeowner. co The Performance Agreement by the homeowner. Notice to Proceed will include the issuance of a County Purchase order and a supplemental proceed order. The supplemental proceed order will provide starting and completion dates for each project and will be signed by the homeowner, the Contractor and the HUI Director. Any change orders issued during the contract period require the prior written approval of the County. COMPLETION OF WORK 1) 2) 3) The Contractor shall arrange ~nterim and final inspections with the app~opriate City or County departments. Upon successful completion of final inspection, the Contractor shall submit a disbursement authorization form (invoice) to HUI for all materials and services rendered as authorized in the purchase order. HUI will verify the invoice and submit to the Finance Department for payment. Un]ess ctherwise agreed to by the parties in advance, progress payments will not be made during the construction period. However, in the event that progress payments are permitted, the County reserves the right to retain up to 20 percent of the approved purchase order amount until final acceptance of the work. Collier Count}' Florida Insurance Requirements RFP #94-94-2280 INSURAJgCE TYPE REQUIRED LIMITS X ]. Worker's Compensation G~atutory Limits of Florida gtat~tes, Chapter 440 and all Federal Government Statutory l,imits and Requirements. X 2. Commercial General Bodily Injury & Property Damaqe l,iability (Occurrence Form) patterned after the 1985 I.S.O fo~m with no limiting $~ 000,000 Single Limit endorsements. Per Occurrence X 3. Indemnification: The C{~ng,~] ~ ant shall protect, defend, indemnify, and hold Col ] i,,~ County and its officers, em~J]oyees, a~ud agents 1]a]',,,]~ [rom and against any and all losses, penalties, damaq~.~. ;~ro[essional fees, including attorney fees and all c~.~! ~ of litigation a~]d judgments arising out of any wi] ] [ul misconduct or negligent act, error or omission of tt~o t'o~]sultant, its Subconsultants, Subcontractors, agents or ~,,q~l oyees, arising out of or incidental to the per[orma~ce of t]~is Agreement or work performed thereunder, inc]udi,~g any claim(s) brought against the County, its officer~, employees, or agents by any employee of the named {'~.~ul rant, any Subconsultants, Subcontractors, or anyone directly or indirectly employed by any of them. The Co~]s~l t ant's obligation under this provision shall not be limited in any way by the agreed- upon total contract fee spe~-ified in this Agreement or the Consultant's limit of, o~ ~ack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to ['he Consultant for performance of services authorized by th~s Agreement is specific consideration for the Co~sul rant ' s indemnification of County. (Reference: Section 725.06 F.S.) X o Automobile Liability Owned/Non-owned/Hired Automobile Included $ 300,000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability $ FEB 2 4:1998 Page 13 COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) ,L,X X X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provxde County with certificates cf insurance meeting the required Insurance provisions. 7. Collier County must be named as "ADDITIONA~ INSURED" on the Insurance Certificate for Commercial General Liability and Automobile Liability Coverage where required. 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Comnuissioners Naples, Florida ]go County Division, Department, appear on the Certificate. 3~ccept~ble. or ind/vidual name should No other ~orma~ w_~ b__~e X 9. Thirty (30) Days Cancellation Notice required. 10. The Certificate must state the Bid Number and Title. BIDDERS ANI) INSURANCE AGENT STATEMENT: We understand the insurance Requirements of these specifications and tha~ the evidence of insurability may be required within five Insuran~~ Signal% Ageng FEB 2 4 1998 COLLIER COUNTY FLORIDA INStrRANCE REQUIP. EM~S (Continued) X X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting ths required iD~urance provisions. Collie~ County must be named as ',ADDITIONA~ INSURED" on the Insurance Certificate for Commercial General Liability and Automobile Liability Coverage where required. X Collier County Board of County Co~m%issioners shall be named as the Cer~ificate HOlder. NOTE--The ,'Certificate Holder" should read as follows: ~~~ Collier County ~ ~~< I~ Board of County Coqzmissioners / Naples, Florida ~ No County Division, Department, appear on the Certificate. ftf:ceptable. or individual name should No other ~orma~ will ~ X 9. T~irty (30) Days Cancellation Notice required. x · o. The Certificate must state the Bid Nun%bet and Title. BIDDER: AND INSURANC~A~ STAT~: We understand the insura~ce Requirements of these specifications ant thau the evidence of insurability may be required within five (5] day:~ of the award of bid. ~ %-a~r e~/o f Bidder FEB Z 4 1998 L)St';Ai.I.) 'IR1PPi'] AND COHPANY INC 4089 N TA~IIAMI TRAIL iA203 NAPLES FL 34103 CAMERON ASSET MANAGEMENT'., INC. 1250 NORTtt TA3,1IAI,1I TRAIL NAPLES FLORI DA 34102 i i,!;'i eLF, TH,CAll IS ISSUED AS A I.;AIiLh CI DilLY AND CONFERS NO RIGIlTS UPON 1lIE CERIII-ICATE HOLDER. THIS CERIIFICATE DOES NOT AMEND, EX'TEND OR ALTER THE COVERAGE AFT-ORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A U S F & G COMPANY e RISCORP INSURANCE CO COMPANY c D THts tS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN tsSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV,'I'I'HS ;'ANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE tSSUED OR U.~Y PERTAIN. THE INSURANCE AFFOROED BY THE POLICIE. S DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONCITIONS OF' SUCH POLICIES. LU41TS SHO~/N Iv[AY HAVE BEEN REDUCED BY PAID CLAIMS. Tfl PO',,JC, [,,[CTW[ POUCY E. XPillITlO" LIMIT~ LTA TTK O~ II,~URANC[ POLICY N~MS£R :: GC<,,L u,s,.r,Y lCP30026313901 2/21/97 2/21/98 c,e~,~L AGO rzc. ArE S2,000,00( x----Jco,,,,r.r,O,L OC,C~,~ u~,.,'~ ,sooucrs - co-,.,o. ~o ~2,000,00( AU'T OM O'BIL [LLA BIL/'T Y  A~V AU'tO ._~ SC~('DU~ ED A bn'OS J plm~ 13:LTY DAMAGE S t GARAG[ UA61L~y AL/TO O~%.Y · IA ,,I, OClOOs'l' S _---~AN¥ AU'TO OT~ THAN AUTO ONt¥. ............... E~CH ~ AGGR[ GAT[ $ [XC[~5 L~AeiLrI'I' EAC~ OCICUI:U~:)4::I S -q OTHER TH~4~ U~BR£LLA ~OR~ S 3 WO.K~.SCC~P~.S.,,C...~ 31069 03/06/97 03/06/98 vlWCS~^T~I IO~ ^ J~O~ uMnsl__~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 E TAM I~II TRAIL NAPLES FL 34112 BUT FAILURE 1'0 MAIL SUCH ~IOTlC[ $1'U, LL I Oqr Am, KIN:) UeO~ ~ COUP~,NY, fl PROPOSERS QUALIFICATION FORM RFP # 94-2280 Residential Rehabilitation Program FIRM NAME: Address: CAMERON ASSET MANAGEMENT, INC. 1250 Tamiami Trail North Il01 City: Naples Telephone: ( 941 FAX Numb.: ( 941 ) 261-1111 ) 261-5676 TYPE OF WORK (General Contractor: State FL coco ZIP 34102 TYPE OF FI~4: Corpcration/Years in Business: Partnership/Years in Business: Sole PrDprietorship/Years in Business: 1.5 OFFICERS/PARTNERS OR OWNERS & EXPERIENCE: Name R. Scott Cameron Soc. Sec. Nc,. Spouse's Name Date of Birth Monica D. Cameron 12/7/44 Naples Title President Date of Birth 5/15/51 Soc. Sec. No. Home Address 690 Banyan Circle Zip 3&I02 Home Phone(941)262-7954 Glen A. MacDonald Spouse's Name Date of Birth Naples ~ FL Title Vice President/Qualifier Date of Birth 6/14/54 Soc. Sec. No. Home Address 2217 Arbour Walk Circle 1822 Zip 34109 Home Phone(941)59?-?554 Name Soc. Sec. No. Spouse's Name Date of Birth Title Date of Birth Soc. Sec. No. Home Address Zip Home Phone AUTHORIZED AGENTS Business Address Phone No. N/3/WJBER OF PERSONNEL IN ORGANIZATION: Administrative: I Professional: I Office: I Shop: Field: 3 FEB 2 4 1998 EFERENCES: PROPOSERS QUALIFICATION FORM (continued) Fnnk(s) blaintaJnll]g Account (s) including maximum credit' Southtr.:;t Bank 65-951-968-7.0 (checking) 2400 Tamiami Trail N. (941)434-2242 Work zr] Progress: List tile owners' name::, Id]one numbers and dollars value for three most recent lobs completed ,.~ in progress Matt O'Neal (212) 929-7043- $16,975.00 Rolsafe - Regina Rhodes (contact) (941)597-7717 -$697.00 City Mntrc:;:; - K,,u Standish (contact) (941) 434-0077 - $4729.00 Supp] ] ers: List aL ]east two construction limit of each. major suppliers from whom you purchase l~]st name and phone number(s) and credit ilomc Depot I (800) 685-6691 Sun:;I,ine llardware (941) 767 - 2940 · Southwest Elcctric(94'l-)263 - 6009 $6,000.00 OPEN OPEN References: Other Prey J ~,.: a current ]i:;t c>f at: least three (3) sub-contractors your ccmpany has d,,~,~ business. List F~ame of Company, number(s), and contac~ person for each sub. · ~_;t)bcon t tact Contact Person Phone .. ?.__Il. EJ,:ctric Woody ..... C,?:;~ a ! A. ! .r _.~_;gjld_~J.t_ i(,,) i,,ll Adrian K_i')g .R'")fj.p;2 ..... Bill King (941) 775 - !131 (941) 649 - 144/ (941 ) 598-'~4 i/; FEB 2 4 1998 ...._._.o. oqO MAJOR WORK Comz, 1,3 [ ~-d PROPOSERS QUALIFICATION (Continued) UNDER CONTRACT: FORM Project ('ontract Amount 90Z complet,d 2760 Leeward Irene, Naples, FL $ l.~,975-00 75Z completed Annual Contract Maintenance,variovs $ 82,560.00 I0~ completed 4600 Tamiami Trail N.~ Naples, FL $ 4,280.00 $ LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: Renovation 456 1st Ave. N., Naples, FL $6,810.00 OTHER iNFORIiATION ABOUT PROJECTS: any lime. F:~ilcd I~ ctm~plcte a project'? [__] Yes [] No Are there an.,. judgments, claims or suits pending or outstanding by or against you'.' I Yes [Id No l lave you, If the answer to ,:ithcr question is yes, submit details on separate sheet. List all lawsuit., ll::~l l',,vc been filed by or against your firm in thc last five (5) years: None FEB 2 4 1998 I'I,IOI'OSERS QUALIFICATION FORM (Continued) l)ursuan! Io inl~m~atim~ for prospective bid&rs/proposers for Iht abov¢-n~¢ntioncd prop,~scd pr~jccl, the undersigned is submitting the information as requirc,I xxith fl~c understanding that it is only to assist in determining thc qualil~calions of the organi~tion to perform the type and magnitude of work imcndcd, and timber, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications ~x'itl~t~t~t iwcjudice. Iillc' President. /\ l!t.'SlCtt Date: FEB 2 4 1998 f)~\II'L. 15TI:;I) AND I,I. ETURNEI) %%;i'1'il '!'111'; I'i¢.()I'OSAL SWORN STATEMENT UNDER SECTION 287.133(3)(a), FI.ORIDA STATUTES ON PUBLIC ENTITY CRIMES 'l'lll.S F()RM MtIST BE SI(;NI:.I) AND SWORN TO IN T/IE PRI-~SI-~N('E OF A NOTARY PUBLIC OR OTitI-~R OFFICI£R AUTItORIZED TO ADMINISTER OATHS. i. 'l'his sworn statement is submitted to the C'ommissioners Collier County Board of Cou Scott Cameron, President [print individual's name and title] Cameron Asset Hanagcmcnt, Inc. [print name of entity submitting sworn statement] h,~sc business address 1250 ?a~ia~£ Trail North, riO1, }taples, Florida 36102 and f' applicable) its Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individ SiLanin~u Ihi.s sworn statement: I t,,~dcrstand [ha! a "public chilly crime" as defined in Para. 287.133(1)(g). FIo [.L:Lt.utes. means a violation o£ any state or federal law by a person with respect :~lltl directly related to the transaction of business with an)' public entity or with agency or political subdivision of any other state or will] the United Stal including, but not limited to. any bid or contract for goods or services to be provi ~o :,ny public entity or an agency or political subdivision of an), other state or FEB 2 a. 1998 __ Pg- rackctccring, c~m.~pirnc)', or material mis~cprc.~cnlntion. I undersland Ihal "ccmvicled" or "ccmviclhm" as defined Florida ~l~lUl~.lllCnllS a fimlinff ,1' ~uill or a conviclion of n public cnlilv c~i with nr ~ i lh~ml ml adjudication of guill, in any Federal nr slale I~ial c-~n~ (~1' ~cc relnling lc, chns~cs hmu~hl by imliclmenl or information after .lulx I. rcsull nl'a ju~v vcrdicl, non-jury Irial. or cnlr)' ofn plea of guilly nr ! understand that an "affiliate' as defined in Para. 227.133( I )(a). FI,ridn SI,alu means: I. A predecessor or successor ora person convicled ora public enlilv crime: 2. An entity ~mder the control of any nalt,ral pcrson who is m;magc~ncnt ,,f thc cnlily and who has been convicted of a public cnlilx c~i 'l'hc tc~l~ "al'lili:ne" includes those officers, dircclors, cxcculix'cs. sharch,d,k, rs. cmployees, members, and agents who are aclive in the of an ai'lil~a~c I I~e ownership by nne person of shares consliluling n c~ml~nll interest i~ a~,,ll~cr person, or a pooling of equipment or income mm,ag pc~s when n~d Ik~l fisir market value under an arm's length agreemenl, shall be n psi facie c:~sc thai one person conlrols another person. A person x~h,, enlcr~ in~ a i,~inl-vcnlure with a person who has been convicted of n public crime in I'l,,ida during the preceding 36 monlhs shall be considered an nl'liliatc. ill Conlinued... FEB _ .~' I Tills I:()RM IS TO lie COMPLETI'~i) ANI) RI.TFIII,tNI';I) WlTII TI IE i~R()I'OSAL I tmderstar~d lhat a "person" as defined in Para. 287.133(I)(c). Florida Stalu means ;my nalur:~l person or entity organized under thc laws of any state or of t:ni~cd States x~ith thc legal power to enter into a binding contract and which b or applies ~o bid on conlracts for the provision of goods o: services Icl by a pu entity, or which otherwise transacts or applies lo transact business with a pu entity. The ~crm "person" includes those officers, directors, executives, pann shareholders, employees, members, and agents who are active in managemen an entity. Based on information and belief, tile statement which ! have marked below is t in relation to the entity submitting this sworn statement. {i'i. EASE INDICATE \VIIi STATI.;MEN'F A Pl'l.l F.S). Neither Iht entity submitting this sworn statement. ~ior any offic directors, executives, parlners, shareholders, employees, members. agents who arc active in management of tile entity, nor an)' affiliate of entity h:txc bccn charged with and convicted of a punic entilv cri subsequent to .luly 1, 1989. The entity submitting ti'sis sworn statement, or one or more of the offic directors, executives, partners, sharellolders, employees, members. agents who are active in management of the entity, or an affiliate of cn:ilv ha.~ heen charged with and convicted of a public entity crime subscqucn! .luly 1. 1989. Thc cmity submitting ti'tis sworn statement, or one or more of tile offic directors, executives, partners, shareholders, employees, members, agoras who arc active itl management of the enlity, or an affiliate of enlity has been charged with and convicted of a public entity crime subsequent July I. 1989. I Iowever, there has been a subsequent proceeding bel'or I lcaring ()l'ficcr of the State of Florida, Division of Administrative l lcari ami Ibc I:im~l ()rdcr entered by the llearing Officer determined that it was in thc public interest to place the entity submitting this sworn statement the convicted vendor list. [attach a copy of the final order[ I IINI)I,;RSTANI) TllAT TIlE SUBMISSION OF Tills FORM TO TIlE CON'I TIlE i'IJBIAC F. NTITY II)ENTIFIED IN PARAGRAPI! ONE ABOVE IS FOR TIt ANi), TllAT Tills FORM IS VALID TItROUGIt DECEMBER 31 OF TIlE CALE INFii~El). i ALSO UNDERSTANDTitATIAMREQIJIREDTOINFORMTitEI ENTERING INTO A CONTRACT IN EXCESS OF TIlE "I IIRESHOLD AMOUN' NDAR ;"EAR IN W t -rl g PP. OVIDED IN ?,'.{7.(ll7, I.!.._().I_{_II_!:.X ..', I.A_I'~' I I:.S I.'()R ('A'i I.;(;()1~,% CONTAIN IN Tills i \x() ()I' \~x~ ( II.x~t,I. I.X l llli I,~I"()I~,~I,VI Sworn to and subscribed before me lifts 18th day of November Personally kllOV,'ll to me as R. Scott f'~m~vnn OR Produced identificalion ('Fype of idcnlification) of notary public) Notary Public - State tx45' commission_e~xrnres // (Prinlcd lypcd or slumped commissioned n~ Form PUR 7068 (Rev. 06/I 8/92) TillS SllEET MUST BE SI(;NEI) FIOARD OF COUNTY COMMISSIONERS COI.I.IER COUNTY, FI.ORIDA Ilousing and llrban Improvement Department PROPOSER'S CilECK I.IST I M P O R T A N T: Please read carefully, sign in the spaces indicated and relurn wilh your Proposal. Proposer shot,Id check offeach of the follov,'ing items as the necessary action is completed: 1. The Proposal has been signed. 2. Any required drawings, descriptive litcralurc, etc. have been included. 3. Any delivery information required is included 4. If required, thc amount of Security deposit has been checked and included. 5. Any addendum have been signed and included. 6. The mailing envelope has been addressed to: Housing and Urban Improvement Direclor Board of County Commissioners Collier County Community Development Center 2800 ttorseshoe Drive Norlh Naples, Florida 33942 7. Thc mailing envelope must be sealed and marked with: Proposal Number; P:'oposal Title; v Due Date. 8. 'l'hc Proposal will bc mailed or delivered in time to bc received no later Ihan tim specified duc date and time. (Othem, isc Proposal cannot I'}c considered.) Al.l. ('OUI?,IEIGI)EI,IVEI~.ISD PIIOPOSAI,S/I~.I?P MI!ST IlAVE TIlE i'ROI'OSAI.I RI:I' N[!blIII'~P, AND TITLE ON Tile OUTSIDE O1" Till'; COURII:.R PA('KET C.~d~IERO1;I, .,~SSET I'IAIO, GEI'IEI~IT C any Nm aignatu're & Date FEB 2 4 1998 CON f I<A(.;'i F'i~OPfJSAL BOARD OF ('OUNTY COMMISSIONERS Collier ('ountv ('ouIlhouse Naples. Florida 33962 RE: RI.'P #94-2280 "Residential Rehal)ililation Program" Dear Comnlissioners: Thc undersigned, as proposer, hereby declares that he has examined the Scope of Services. and informed himself fully in regard to all conditions pertaining to the work to be done for the development of a Residential Rehabilitation Program for Collier County. The proposer further declares that the only persons, company or parties interested in this Proposal or thc Contract to be entered into as principals arc named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. 'l'hc service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of thc County. TI'c undersigned do agree that should Ibis proposal be acceplol. Io cxccute the form of colllr,icl :411d present the same to thc County ltousing and Urban Improvement Director for approval wilhin ten (10) days after being notified of Jl~e awardinu of tl~e contract. The undersigned do further agree that failure to execute and deliver said I~i'ms of contract within ten (I0) days will result in damages to thc County. [N,3VI'I'NES~ WH~~WE havc hcretmto.,sub~cribed our names ,m lhis _~ ~day of ~ ~?t;.~, ~~c County of [1~)~, Proposcr's Complete l.egal Name (Circle one): ~-,,,~.,,.,,,,.,..,,,-~',,,v,,,,,,,,~,,p. Phone No. -(-.q~l }.-2ill--il I ! FAXNumb{941) 261-7626 1250_Tamiami Trail North_~101 ..... Address Naples, Florida 34102 City and,~.~____~/~- Zip Typed and \Vril~cn S .gl.lal.um. Scott Cameron, Pres[dent 'thee FEB 2 4 1998 NON-PROPOSER'S RESI'ONSE I~I:P #94-22g0 For purposes of mainlaining an accurate vendor's list and facilitating yot, r firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposcr's failure to respond 1o RFP invitations. If your firm is not responding to this RFI'. please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Gwen Butler, Senior Buyer, Collier County Purchasing Department, County Govermnent Center, Building "W", Naples. Florida 33962. Failure to respond Io two successive RFP invilations, or relurn this form ,,viii result in removal of 3'our firm's name from our x'endor's list. \Ve are not responding to this RFP invitation fi~r tile following reason(s): Services or materials requested not manufactured by us or available to our company; IlO! Our services or materials do not meet specifications; Circle one - Specifications ,.,,'ere: Not clearly understood, Not applicable. Too vague, Too rigid. or Insufficient time allowed for preparation of' RFP; Incorrect address used. Please correct mailing address: Otl',er reason(s): Name of Firm: Mailing Address: AG£N~,A II~Ey / FEB 2 4 1998 City. State. ZIP: pac3e Phone ( ) FAX [ ~ '¢: Signalure of Representative FAX Numb. Address City and State Zip BY: Typed and Written Signature Title FEB 2 ,~ 1998 ] xizcunCIV REQUEST TO APPROVE THE FINAL PLAT OF "THE CLUB ESTATES" OBJECTIVE: To approve the final plat of "The Club Estates", a subdivision of lands located in Section 10, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "The Club Estates" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. ineering Review Section recommends that the final plat of "The Club Estates" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $705,945.00 to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving & Grading - $214,403.00 - $491,542.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138990 - Development Services Revenue generated by this project: Total: $13,692.61 Fees are based on a construction estimat, o $705,945.00 and were paid in January, 19 8. FEB 2 4 1998 Executive Summary The Club Estates Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$1047.80 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1072.15 Paving, Grading (.425% const, est.)- $2089.05 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3216.45 Drainage, Paving & Grading (1.275% const, est- $6267.16 GROWTH MA3~AGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "The Club Estates" with the following stipulations: 1) 2) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. FEB 2 4:1998 Executfve Summary The Club Estates Page 3 PREPARED BY: John R. Houldsw~rth, Senior Engineer Engineering Review R~IEWED BY: Tho~s E. Kuck, P.E. Engineering Review Manager Dona~-~ Arnold Planning Se~ices Director ~ncent A. Cautero, Administrator Comun±ty Development & Environmental Se~±ces Community Dev. and Environmental Svcs. DIVISION JRH Date Date Date FEB ~ 4:3998 /OR TH Se c t ~on 0 PROJEC'T FION ~J~CTION 10 N ~ ~~E S N.T.S. 10, Townsh/p 50 South, Ronge 26 £ost Colh'er Coun t)/, Flor~do. L OCA T/ON /V. T.S. MAP EXHIBIT I FEB 2 4 1998 pg. CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDMSION LMPROVEMENTS PRIOR TO RECORDING OF PLAT THL'; CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION I]VIPROVEI%W. NTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this ... day of ,199__ between The Club Estates, L.C., hereina~er referred to as "Developer", and the Board of County Commissioners of Collier County, Horida, hereinafter referred to as "The Board". RECITALS I. 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: The Club Estates 2. Division 3.2 of the Collier County Unified Land Development Code allows the Developer to construct the improvements required by said subdMsion regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: a potable water system, sanitary sewer system, drainage, gracing, paving and miscellaneous as outlined in Engineer's Cost E~imate (attached hereto as Exhibit "A" and by reference made a part hereof) within 36 months fi.om the date of approval of said subdivision pl~tt, said improvements herein~er referred to as the required improvements. FEB 2 4 1998 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $70,600.00 which represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement of substantial c~mpletion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sN-xy (60) days of receipt of the statement cf substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fiflfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminaq,, approval of the improvements if they axe in fact constructed and submitted for approval in accordano.' with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after prelbninary approval by the Development Services Director. After the one year maintenance period 2 FEB 2 1998 by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements, and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall re[ease the remaining 10% of the subdivision performance, security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certi~cation of such failure, the County Administrator may call upon the subdivision performance: security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt ofacceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemn~../the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not ILmJted to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulHll all of the provisions oftkis Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 3 FEB ,3 '!998 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of ,199m. Signed, Sealed and Delivered in the prem~ce of' Witness The Club Estates, L.C. t._'q r4 t,.x cc~ C~e.t~ Printed Name Printed Name ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO3EWISSION'ERS OF COLLIER COU'NTY, FLOI:L~A By: ..... . c.;., Chairman Approved ai to form and legal sufficiency: avid Weigel Collier CouJW Attorney 96032'con&ma Ln.doc 4 FEB 2 4 1998 PO. 0~' EXI]]~IT "A" ENGINEER'S COST ESTIMATE SUM~Y I. Potable Water System Fl. Sanitary Sewer System ltl. Drainage IV. Paving Concrete, l~scell~eous Subtotal Total (rounded to nearest $1,000) 10% of Total (Letter of Credit Amount) $ 92,950.70 S121,479.50 $141,670.50 $349,871~25 $705,971.95 $706,000.00 $ 70,600.00 EXECUTIV~ SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF WATERWAYS OF NAPLES UNIY TWO OBJECTI%'E: To approve for recording the final plat of Waterways of Naples Unit Two. CONSIDERATIONS: The Board of County Commissioners on October 14, 1997 approved the final plat of Ware=ways of Naples Unit Two with the stipulation that che plat not be. recorded until security was provided ko ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. project cost is $281,518.90, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $156,676.7!). The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $5,665.30 Fees are based on a construction estimate of $281,518.90 and were paid in June, 1997 and are reflected in the Executive Summary of October 14~ 1997. FEB A 1998 Executive Summary Waterways of Naples Unit Two Page 2 GROWTH MA.NAGEMq~ iMi~ACT: None .P-ECOM~ATION: That the Board of County Commissioners approve the final plat of "Waterways of Naples Unit Two", with the following stipulations: 1) Accep'. the Construction, Maintenance and Escrow Agreement a~: security to guarantee completion of the Subdivision improvements. 2) Atlthorize the recording of the final plat of "Waterways of Naples Unit Two". 3) 4) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. Tkat no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY': John R. Houldsworth, Senior Engineer Engineerinc. Review Date REVIEWED BY: Engineerin~ Review Manager Donald W. Arnold " or - Planning Services ~incent A. Cautero, Administrator Community Development & Environmental Services Comm~lity Dev. and Environmental Svcs. DIVISION Date Date' bate FEB 2 4 1998 TO SCALE .. ..... ::: ;.f,- SITE LOCATION IMMOKALEE ROAD :-_- ':--i'.--'."-'.": ' PINE RIDGE ROAD GOLDEN GATE GOLDEN GATE BOULEVARD ALLICATOR 'ALLEY .',~ CD OIL I~ELL ROAD RANDALL BOULEVARD FEB 2 & 1998 i'I~§YATE '2'5 APPENDPX A. STANDARD LEO ~ DOCUMENTS co~s'r~uc-noN, ~,.~dh'T~r~NC~. ~U, rD ~C~0w FOR S~D~sION ~RO~~s ~o~ or ~ ~_.~ ._..- y ~_ . ~ ~y {~~.~. j=,.,,,~ {~,?, ..... ' ~ ~ ~ y~vN~ OF COLOR A. ~o~ · . . ~' ~e su~'v' ' C. ~oa ~.2.6.16 ~fl 3.2.9.1 of ~e ~ ~ua~ S.~v~;oa ~e DJv;~oa of ~v~o~eat ~ ~ ~e ~velo~r ~ pray;de ~pmpfi~ ~~ for ~e ~tmc6oa D. ~ h~ ~ in~ a ~n~cfion 1o~ a~m~t ~ ~velo~r ~t to ~ A~ment is ~, and ~s ~ouqt ~ou~t ~velo~r S ~t~a~ of ~e ~c~on ~m for ~e ~ui~ lmpmvcmenO. ~ea~ 110~ of ~e ~Yelo~r'8 ~o~r's NOW, ~0~, ~ ~id~on of ~e fo~lo~ ~ ~d ~u~ cove~ b~r ~ fo~. purist ~ ~e ~s of ~is ~ment. m ~e ~nst'uctioa ~, in ~cmw, 3. ~nder ~ ~ hold ~ ~w S~~m ~e ~tm~on ln~. ~ ~ disbu~ o~y pu~t ~ &is ~ment. ~oder ac~wl~g~ ~at ~iJ A~t sh~i ~t ~os~ ~n~mctioe Lo~ ~nd, but ~ o~y ~ch ~ u are ~y ~s~, ~ ~u~t provision of ~e= ~[oa ~an, shall ~e ~n~t. ~-~r o~y u~n ~Ren ~p~va] of ~e ~v~opmeot Se~;~ ~tor wbo sh~ app~ve ~e ~ of ~e ~n~ on d~. ~jt n~ mo~ ~ o~ a mon~ !-2~.~1 ~1 ~ A~ I NO. ~ FEB 2 4 1998 Copies amounts due tot work dom to d.~ based on the pe~e~uX¢ completion of the work multiplied by the respective work · .~les!,tt~ ,perr. cnt.(10%}; ~d further, th~ upo- complc~ioa of the work, the DevelopmenLScrvic~s Director ,hall ye ~ne recast ot ~), re=~.mder of e.r~rowed fu-d.s except to the ext~ut of $ ~. ~,~ ~, .c;;~ which sh~ll r~m~iu tn e.sc~w u a r)cvc, lol:~ guaraztty of mdnt.~a.n~ of thc RequLr~ Improveme4~u for i minimum pc-Hod of one (l) p~u~ut to Pa.r~rat~ I0 of the Azrce. ment. Howev~, h ~e even~ ~= ~velo~r shall f~l to ~mply ~ ~ua~, ~e ~un~ ~ h~vs =~ ~d ddive~ ~ ~e ~d~ i~ ~change for such ~ a ~m~ ~ ~ Z)~vdoper fur mom th,,, sixty (60) ~ys after writt4~ -Otification of such failure h~ filled to comply ,~id~ Gc requL-emcn~ of ~ ~rcement; Co) 'r'h¢ Counry, or its autho~ agent, wi.U complete the work c~lled for under the tc.,-ms of ',.he abov¢- mentionod oo*~tra~t or will comple4e such portloa of such work ~ the County, ia iu sole discrctio- sh*tl dex:m nccessa.*'y i.n thc public int~r~st to thc extc~t of ~e ~n~ then held in escrow; The c~:mw funds dnwu down by the County shall ~ u~ for ~ctio~ of ~e ~ui~ Impmv~cnu, *~~g, le~ ~d ~nzi~cnt ~s~ ~ ~, ~d ~ offset .ny ~, ci~ ~t or c~uen~, w~ch ~e ~un~ may ~ on ~unt of ~c f~lure of ~c ~v~o~ ~ ~ out e~ ~e a~vc-m~o~ ~vdopm~t wo~; ~, (d) The Coum~y, ~ promp':y r~ay to the Lznc~ tn)' l,or'don of the funds dm'un clown sud ~ot expendc(f in c~mple'doa of the r~id development work. 5. ",V'riCtt~n notice to the Lender by the County specifying wh~ a.mounts ue to be l:~id to the Developer sbaJi constitu~ author'h~Gon by the Count), to the L~nder for release of' the s'pc~ifi~ funds to the Developer. Payme=t by the I~cdc. r to the: Deve4opcr of the amounts specified in a Icrtcr of authorization by the County to the I.~uder shall constiru~ a rcl:~e by the County and Developer of the Lc:der for the funds disbursed in a~.orctzncc with the le~r of authorizaio, from the County. 6. '['he Required Impmvcmeut~ shall not be oonsidercd complete ua~! a sU~meat of subs~ti~ ~mpl~on by ~vclo~r', engin~ ~on~ ~ ~e ~ p~j~t ~ have ~n ~sh~ ~ ~ ~vi~ .~ ~v~ by ~e ~vdopm~t ~i~ D~or for ~mpli~ ~ ~e ~ C~n~ Su~sion ~I~o~. 7) 'i'he Development S~rvices Director shall, within sixty (60) ctaya of receipt of the stat~'.znent of subst,xmlal complexion, either: ~) notify the Developer in writing of his pr~Jim;n~ approval of the Lmprovements; or b) notify the DeveJoper i~ writing of his t~fu~i tO approve the impwvemeats, therewith specifying those condltio~ ~hich the Developer must fulfill tn order to obtai~ the Director of the Required Improveme,u. However, in an event shall the Developmen~ Service4 Director refuse prdimLuary appro~'al of the improvements if they arc ia f~:~ construct~l and submitted for approval in accordance with the requirements of this Agree4~enL 8. Should the funch bcJd in escrow be i~sufficient to complet~ the Required Improvements. the Boa-d, at%ct duly considet~g thc public ~tere~t, may at iu option cornple~ the Required [.mprovements ~nd resort to ~y ~nd all legal remedie~ al:aim~ the Devclope~. I 1.2 I-~,4~01100~1 FEB 2 4 1998 9. Nc~g in th~ A~rccmeet sb~l m~e the l.~.ndcr l~lc for ~y ~ o~er ~ ~o~ pl~ in ~sit by · e ~v~o~ ~ ~~ ~ ~ fo~gol~ pwvlsion; pmvi~, ~ ~e ~ndcr do~ ~t relic ~y mo~ ~ ~e ~vclo~r or ~ ~y o~ ~non ex~ ~ s~ ~ ~s ~c~ Agent. I0. ~ ~v~o~ sh~O m~n~n ~ ~u~ ~vcm~ for one y~ ~r p~lim~ app~ ~v~opmc~ ~ D~r, ~ te o~ y~ ~ ~ ~ ~e ~vclo~ ~d~ ~ for ~on, ~ ~V~m~ ~ ~ sh~ i~ ~ ~l~ Imp~v~en~ ~d, if ~pmv~ ~ ~s or ~ ~e ~ ~ ~~ ~[b~ for ~d by 11. ~ of ~ ~s, ~vc~ ~d ~n~o~ h~ ~n~ ~ ~d s~ ~ bindinj u~n ~e ~v~o~r ~d ~ ~S ~p, ~c ~, ~e ~v~ have ~ ~s ~ment ~o~ ~u~vc ~ ~ ~y of ,19 .l-j/ ,1 _ ~~ - '7//, /_ / DW~OHT ~. BROCK, CLEI~ BOAR~ OF COUNTY CO~ISSIO~ER.S OF COLLIER COUNTY, FLOI~DA D~u~ ¢le:rk By: Page 3 of 3 AGE . T M,.. FEB 2 I~XECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN THE APPLICATION FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AR'i~'ICIAL REEF GRANT FOR THE ARTIFICIAL REEF PROGRAM OF COLLIER COUNTY, OBSECTIVE: That the Board of County Commissioners (BCC) authorize the Chairman to sign the application for the $25,000 grant for artificial reef construction offered by the Florida Department of Envirom~n',al Protection (FDEP). CONSIDERATIONS: 1. The Collier County Artificial Reef Program (ARF) administered by the Natural Resources Depamment is submitting an application for $25,000 in grant funds to the FDEP. 2. Federal Wallop-Breaux funds are available to local coastal governments through FDEP Sport Fish Restoration Grants. 3. This grant has been awarded to thc ARP in the pasl because Collier County has demonstrated its commitment to artificial reef construction. 4. ffav, arded the grant will be u__~l_ to cons~rucl a new artificial reef in Collier County. 5. Numbers of commercially valuable fish in Collier County walers have been decreasing in recent )'ears. This reef will provide additional habitat for commercially valuable fish. GROWTH MANGEMENT IM'PACT: If approved the grant money will suppor! Objective 7.1 ofthe Conservation and Coastal Management Element of the County Growth Managemcn! Plan. .FISCAL IMPACT: ffthe F'DEP Grant application is accepted the A.R.P ~ill gain $25,000 for artificial reef construction. RECOMMENDATION: That the BCC authorize the Chairman Io sign the application for the $25,000 FDEP Grant. Date:.,,,, Approved by: Date: Z - t ~.- 9 ~, .~~' {~~'~ Date: R'-'/ Vincent A. Cautero, MC'P, Administrator Community Development & Environmental Sen~ices Division FEB 2 4 1998 Pg. .-~ ,FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DiViSION OF MARINE RESOURCES ARTIFICIAL REEF PROGRAM '1998-99 FISCAL YEAR Construction Grant Application I. Applicant Identific, atiorl; Applicant's Name Collier CounC~ Date received by DEP Artificial Reef Pro,ram Mailing Address of Applicant Natural Resources Department Street Address of Applicant 3301 East Tamiami Trail Naples, Florida 34112 Mailing Address for Reimbursement Check (if different than above) Name of Reef Coordinator Kevin H. Du{an FAX(941). 774-9222 Telephone (94 I). 732-2505 e_mail nfnC 5165@napl¢.J .net Name of Contract Manager (if diff~ .,,t than Coordinator) Federal Employer ID Number FAX ( ), 59-6000558 e mail Telephone ( ), II. Project Site De=_,'-" 'or!i Name of Specific Reef Pr~,j,.~.~ Marco Island Five Mile Reef Caxambas Pass 5 Mile Reef Name of Permitted Site Name c,f Permit Holder (if different than applicant) Permitted Site is located in: State waters X Federal waters U.S. Army Corps of Engineers Permit No. State Permit No. for Reef Construction State Submerged Lands Consent Letter No. 199505605 112756~}} {~2756655 Expiry (Musl Expic Expic Both ~ate.,.~~ be valid until 06/30/9 A. ppendix 1 consists of a drawina of the permitted site which contains the followinq information: 1. Compass rose 2. Scale 3. Name of permitted site 4. Dimensions (in feet) of the permitted site (length/width for polygons, radius for circular sites) 5. Area of the permitted site in acres and/or square nautical miles 6. Center coordinates in latit, Je/longitude format 7. Comer coordinates for rectangular, square, and ploygon sites in latitude/longitude format 8. Directional orientation of permitted site 9. If coordinates are mathematically converted from LORAN-C coordinates, the correct Additional Secondary Factors for the site.must be used and a copy of the conversion program output also attached 10. Minimum and maximum water depths for the permitted site 11. All previous deployment in the permitted site and the proposed deployment shall be shown on the drawing with a reference number. 12. A table (on a separate page) which lists by reference number the date, type, amount of materials, and coordinates in latitude/longitude and time delay format for each prior deployment and the proposed deployment in the permitted site. SEE ATTACHED EXAMPLE Appendix 2 consists of a section of a r~autical chart which contains the followinq information 1. Chart name, chart number, and date of chart. 2. The section must show the coastline adjacent to the proposed deployment location. 3. The bearing and distance (in nautical miles) from a described navigational marker or distinctive topographical feature (mouth of inlet) to the proposed deployment location. SEE ATTACHED EXAMPLE Appendix 3 consists of copies of all applicable artificial reef pe~its .and permit applications III, Project Description: Would you accept a Federal Aid in Sport Fish Restoration Program grant? (Projects MUST BE COMPLETE~D by June 30, 1999) Amount of Grant Funds Requested Type of Materials Proposed for Deployment Amount of Materials Proposed for Deployment $25,000 Clean concrete Total Project Co., 300 tons YES x NO No. of reef projects completed in lgg7 :2 No. of reef projects planned for 1.c.c8 2 [fthere a, Marin. e Ad.,visory .Board which provides input on artJfidaI reef issues? YES X NO yes, please oescnoe in me Appencr~x 4 nan~tive - see below) ' Do you have a Iong-rang. e.arti.ficial re-.{ development planning document? YES X NO (If yes, provide a copy or me ooe...,ment in Append'tx 4) - bottom survey for the deplcyment coordinates been accomplished? YES. X NO Apoendix ~. consists of a detailed l=roiect narrative which outlines: 6. 7. 8. 9. 10. The applicant's object~e for the proposed project. The applicant's atlJfidal reef. co--monitoring budget (excluo"mg fun~L~, from this grin'S) for 1_o.c8 including a d,,esc~,'ption aha ;mounts of adcrttional-fund'~g blt ~ source. A description of the Marine Advisory Board members and afl'Wta6ons. A coD/af the al::plicant's lcr~,n~e planning doo.,ment ('~. ~) showing the link,.ce of the proposed project to the planning doc. Smen't. - Any spedfic reef layout or Froject design deta~ not ~[ly explained in AppendLx 1. The battcm survey methc~olc.c-5, and result. Details on any stability tes~Jng which has occurred for the proposed materials. Whether t~e reef material has already been secured or donated (including letter(s) of verification). The spedfic technique to be employed for material placement. A project time line. ],V, Public Demand; No. of Existing Ar'Jficial Reefs in t;",e County as determined by Separate Deployment ~oordi'n~tes 18 No. of Registered Recreational Ve.sse[s over 16 feet in length lb, 206 Data Year 1997 No. of Registered Fis.hing Cha~erK-.'ezd boats I 16 D~ta Ye--r 1997 No. of Saltwater Re~eational Fish[n.o License Horder~: Resident- 1 year 3,0 I I Nonresident- 1 year 3~373 Data Year 1997 ~Ap. pendix 5 consists of cooies cfa rn.,;ximum of five (5] current~ (less than 6 months from ao~lication date] Ietters and/or petitions demon~;-?tino oublic su~o~ for the ~;pe~iFlC proiect prooosed for or-ant fundinq, ~Appe'ndix 6 consists of the adictes of incorooration, bylaws, tax status documents for aoplicants oualifyinq as nonorofit orqaniz~tions, and wri~en authorization for use of the Der'mit'ted site, I certify that the above informaticn =-nd ;II appencSces are true and complete to the best of my knowledge. Local Govemment.=l or Nonprofit Org~iniz~tion Signator5, Authori~'y:. Typed Name Barbara B. Berry' Signature Title Cha [rman~ BCC as ¢. Palmer ^$si~tant County Attorney. Date Attest: D~£ght Clerk E. Brock, FEB 2 1998 _ ,4-- EXECUTIVE SUMMARY TO HAVE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS EXECUTE A QUIT-CLAIM DEED AND AN "AS IS" BILL OF SALE. OBJECTIVE: To have the Chairman of the Board of County Commissioners execute a quit- claim deed and an "as is" bill of sale. These documents are to re-convey to The Halstatt Partnership, all property interests that the County may have in the Grey Oaks Subdivision (except utility facilities properly deeded to the County) on account of an error in the legal description attached to utility facilities conveyance documents recorded in April of 1997. CONSIDERATION: In April, 1997, a Utility Facilities Warranty Deed and Bill of Sale were recorded in the Public Records of Collier County, Florida in O.R. Book 2301 Page 1376 and O.R. Book 2301 Page 1362, respectively, of the public Records of Collier County, Florida. The legal description attached to the documents which were recorded was the legal description of the entire Grey Oaks subdivision. The purpose of these documents is to reconvey the property to the Halstatt Partnership less and except those utility facilities properly conveyed to the County and less and except those facilities which should have been conveyed to the County in the April, 1997 conveyance. The County makes no warranties to The Haistatt Partnership with regard to any of these facilities FISCAL IMPACT: No risc, al impact GROWTH MANAGEMENT: No grosvth management impact RECOMMENDATION: That the Board of County Commissioners, by approval of this item on the consent agenda, authorize the Board's Chairman (or Vice-Chairman) to execute (I) the attached quit-claim deed and (2) the "as is" bill of sale Approval will direct that both executed documents be forwarded to Kathleen C. Passidomo, Esq. for recordation of same. Approved by: Thomas E. Kuck, P.E. Engineering Review Services Manager Approved by: ~~' ~ Date: Vincent A. Cautero, Administrator Community Dev. & Env. Services FEB 2 4 1998 ~ ........................................... 111 ................................................ ' .................................. I BILL OF SALE THIS "AS IS" BILL OF SALE made this day of , 1998, by COLLIER COUNTY, a political subdivision of thc State of Florida, whose mailing address is 3301 Tamiami Trail Ea.q, Naples, Florida 34112, ('Grantor'), to THE HALSTATr PARTNERSHIP, a Florida General Partnership, whose address is 2500 Golden Gate Parkway, Suite , Naples, Florida 34105, ("Grantee"). WITNESSETH that the Grantor, COLLIER COUNTY, in consideration of the sum of One Dollar ($1.00) to it in hand paid on behalf of Grantee, receipt of which is hereby acknowledged, hereby conveys to the Grantee, THE HAI~TATT PARTNERSHIP, all of Grantor's rights, title and interests in and to the following described SEWER UTILITY FACILITIES all lying and being in Collier County, Florida: ALL SEWER UTILITY FACILITIES THAT WERE CONVEYED by The Halstatt partnership TO THE GRANTOR (COLLIER COUNTY) (therein referred to as 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 COI.I .IER COUNTY WATER-SEWER DISTRICT - by that Utility Facilities Warranty Deed recorded at Book 2301, Page 1362 through Page 1375, inclusive, Public Records of Collier County, less a~l except the facilities located on Exhibit "A", attached hereto. THIS BILL OF SALE DOES NOT CONVEY ANY INTEREST IN ANY WATER FACILITIES. Grantor makes no warramies. IN ~I'rNF~S WH~OF the said Gramor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman (or Vice Chairman) of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk 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 By: Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney By: BARBARAB. B~Y, Chaffman FEB 2 4 1998 STATE OF FLORIDA COUNTY OF COLLIER $$. I HERg. RY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgement,', personally appeared BARBARA B. BERRY, Chairman of The Board of County ~mi~siouers of Collier County, Florida, who is personally known to me or has produced as identification and she acknowledged under oath execut~g the foregoing in my pre~ence. WITNESS my hand and official seal in the County and State last aforesaid this of February, 1998. day Notary Public Signature (seal) Printed Name My Commission expires: 2 FEB 2 4 1998 LBG~ DItSC~ON PROPH,RTY NOT INCLUDHD IN RE-CONVEYANClq That ~ real property dcai~ C.U.E., U.E., D.E. and/or M.tL, and dedicated to CoLLier County ana~or CoLlier County Waler-Scwer Di.st.,'ict, Tract R, Grey Oaks Unit Nine, according to thc Plat'thereof, rccorded in Plal Book 28, Pages 22 through 26, inclusive, of the Public Rccord~ of CoIiicr County, Florida. That certain real propcrty designated C.U.E., U.E., D.E.-and/or M.E., and dedicated to CoLLier County and\or Collier County Water-Scwex District, Tract R, Gr~y Oaks Unit Eleven, according to the Plat thereof, recorded in Plat Book 28, Pages 45 and ,*6, inclusive, of the Public Records of Collier County, Florida. That certain real property d~ignated C.U.E., U.E., D.E. and/or M.E., and dedicated to Collier County andXor Collier county Water-Sewer Dis/rict, Tract B, Grey Oaks Unit Six, according to the Plat thereof, recorded in Plat Book 27, Pages 78 and 79, inclusive, of thc PubLic Records of Collicr County, Florid~ ~, That certain re. al property designated C.U.E., U.E., D.E. and/or M.E. and dedicated to Collier County and\or Collier County Water-Sewer District on the following Plats in Grey Oak3 recorded in the l%blic Recordz of ColLier County, Plorida a~ follows: I. Grey Oaks Unit One according to the Plat thereof recorded in Plat Book 19, Page 23. 2. Grey Oaks Unit Two ac. cording to the Plat thereof recorded in Plat Book 19, Page 37. 3. Grey Oaks Unit Three according to the Plat thereof recorded in P/at Book 20, Page 30. 4. Grey Oa~ Uait Four according to thc Plat thereof recorded in Plat Book 21, Page 34. 5. Grey Oaks Unit Five according to thc Plat thereof recorded in Plat Book 23, Page 26. 6. Grey Oaks Unit Seven according to thc Plat themaf ri:corded in Plat Book 2~t, Page 85. 8. Grey Oaks Unit Eight according to the Plat thereof recorded in Plat Book 24, Page 87. FEB 2 This Deed prepared by: THOMAS C. PALMER Assistant County Attorney 3301 Tamiami Trail East Naples, Florida 34112 1941) 774-8400 QUIT-CLAIM DEED This DEED, executed by COLLIER COUNTY ("GRANTOR') this ~ day of February, 1998. Grantor is a political aubdivision of the State of Florida. Grantor's mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. The 'GRANTEE' is the HALSTATT PARTNERSHIP, a Florida General Partnership. Grantee's mailing address is 2600 Golden Gate Parkway, Suite 115, Naples, Florida 34105. 'Grantor' and 'Grantee' include each party's successors and assigns. WITNESSETH: GRANTOR, in consideration of One and 00/100 Dollars ($1.00) to it in hand paid on behalf of GRANTEE, receipt of which is hereby acknowledged, hereby QUIT-CLAIMS to the GRANTEE all of GRANTOR'S rights, title and interests in and to the following described SEWER UTILITY FACILITIES lying and being in Collier County: All SEWER UTILITY FACILITIES that were conveyed by the Halstatt Partnership to GRANTOR by that utility facilities warranty deed recorded at Book 2301, Page 1376 through Page 1388, inclusive, public records of Collier County, less and except the facilities located on Exhibit "A", attached hereto. This deed conveys only sewer utility facilities and not any water facilities. IN WITNESS WHEREOF, GRANTOR has caused this DEED to be executed in name by its Board of County Commissioners acting through its Chairman (or Vice Chairman) the day and year specified in the first paragraph, above. 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 COLLIE COUNTY WATER-SEWER DISTRICT By: Deputy Clerk Approved as to form and legal sufficiency Thomas C. Pal Assistant County Attorney By: Barbara B. Berry, Chairman FEB 2 4 1998 il STATE OF FLORIDA COUNTY OF COLLIER ! ) ss. ) I HEREBY CERTIFY, that on thia day, before me, an officer duly authorized in the State end County aforesaid to take acknowledgements, personally appeared BARBARA B. BERRY, Chairman of The Board of County Commissioners of Collier County, Florida, who is personally known to me or has produced aa identification and she acknowledged under oath executing the foregoing in my presence. WITNESS my hand and official seal in the County and State last aforesaid this day of February, 1998. Notary Public Signature Printed Name My Commission expires: (seal) LEGAL DBSCRIPT/0N PROPERTY NOT INCLUDI;T~ IN RE-CONVEYANCE That ce~ real property deai~ C.U.17., U.E., D.E. and/or M.E., and dedic~xi to Collier County and\or Collier County Wad,-Sewer District, Tract R, Grey Oaks Unit Nine, according to the Plat'thereof, recorded in Plal Book 28, Pages 22 through 26, inclusive, of the Public Record~ of Collier County, Florida. That certain real property deaignatecl C.U.E., U.I~., D.E. and/or M.E., and dedicated to CoLtie~r County and\or Collier County Water-Sewer District, Tract R, Grey Oaks Unit Eleven, acx. ording to the Plat thereof, rr. corded in Plat Book 28, Pages 45 and ,~6, inclusive, of the Public Records of ColLier County, Florida. That certain real property dcsignnted C.U.E., U.E., D.E. and/or M.E., and dedicatt:d to Collier County and\or ColLier county Water-Sewer District, Tract B, Gr~y Oa~s Unit Six, according to the Plat thereof, recorded in Plat Book 27, Pages 78 and 79, inclusive, of the Public Records of Collier County, Florida. ,, That certain real property designated C.U.F.., U.E., D.tl. amd/or M.E. and dedicated to Collier County anti, or Collier County Water-Sewer District on the following Plats in Gray Oaks recorded in ~¢ Public Records of Colliex Coumy, l~rida as folJows: 1. Grey Oaks Unit One according to the PLat thereof recorded in Plat Book 19, l:~ag¢ 23. 2. Grey Oaks Unit Two according to the Plat thexeof rucorded in Flat Book 19, Page 37. 3. Crtey Oaks Unit Three according to the Plat thereof recorded ia P/at Book 20, Page 30. 4. Grey Oaks Unit Four aca:c, rding to the Plat thcxeof recorded in Pht Book 21, Page 34. 5. Grey Oaks Unit Five according to the Plat thereof recorded in Plat Book 23, Page 26. 6. Grey Oaks Unit Sevea according to the Plat thereof r,:corded in Plat Book 2~., Page 85. 8. Grey Oal~ Unit Eight ac. cording to the Plat thereof recorded in Flat Book 24, l~e 87. FEB 2 4 1998 EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE FOR THE CYPRESS WOODS GOLF AND COUNTRY CLUB BASED ON A SITE-SPECIFIC COMPUTATION OBJECTIVE: To obtain Board approval of a road impact fee developed using an alternate set of parameters for a private golf course and ancillary uses, such as a clubhouse and maintenance facilities. CONSIDERATIONS: Ordinance 92-22, as amended (the Ordinance) sets forth the regulations for the imposition, computation and collection of road impact fees. In the Appendix to the Ordinance, Table A lists various categories of land uses for which "standard" road impact fee rates have been established. Among those rates is a rate for "Golf Courses". The rate was predicated on several factors including the use of the ITE publication entitled Trip Generation. Trip Generation provides trip rate information. Staff investigated the proposed structure of the Cypress Woods Golf Course and determined that the following site specific factors apply in this case: I. An examination of the architectural Plans indicates that there will be space sufficient for 53 employees in the clubhouse. 2. A conversation with the developer, Frank Cooper, indicates that there will be about 800 memberships total for the golf course. 3. As a private club, Section 3.10 of Ordinance 92-22, as amended, will apply for an individual road impact fee calculation. 4. The following assumptions have been used for insertion into the Road Impact Fee Worksheet attached to this Executive Summary (Attachment No. I): A. 120 rounds/day* X 25% guests = 30 guest trips/day B. 53 employees X 2 trips/employee/day = 106 employee trips/day c. Allowance for service trips -- 5 trips/day (restaurant, golf, maintenance trips) D. Trip length for Golf Course per Ordinance 92-22, as amended -- 4.2 miles assessable; 5 miles total. E. For these trips, the percentage of new trips on the arterial network is 100%. This est/,mate is based on other, similar golf courses (e.g., Bonita Bay) that have provid~:l historical information on the number of rounds playe~day on average throughout the year. Based on the attach,:d worksheet, the proposed road impact fee for the golf course and clubhouse is $17,710.46. FEB :) q 1990 FI$1;AI. IMpAI~T; The proposed road impact fee will be ~dded to Fund 331, Road Impact Fee Trust Account No. 1. As of February 6, 1998, the balance in this Fund was $8,436,881. GROWTH MANAGEMENT IMPACT; The imposition of the proposed road impact fee is consistent with the County's Growth Management Plan. RECOMMENDATIONS; That thc Board approve thc proposed road impact fee for the Cypress Woods Golf and Country Club} / PREPARED BY: ~~ DATE: ,~- -~*'*,~,~ Edward J. Kant, pfL~,,g'efiior Engineer DaviW[e. B. obVa~ick, Transportati.~..Services Director Vincent A. Cautcro, AICP, Development Services Administrator REVIEWED B~r DATE:.~Z.~ Attachments: NO. 1 - Road Impact Fee Worksheet FEB ? 1998 FEB 2 Collier County Transportation Services Department To: From: Memorandum Bob Lord, Plans Examiner Building Review and Permitting Edward J. Kant, P.E. t//~ Senior Engineer Date: February 6, 1998 Re: Cypress Woods PUD Golf Course Road Impact Fees This office received a request for the computation of the road impact fees due for the construction of the subject golf course. It is our understanding that this facility will be a private club for the exclusive use of members and their guests. Further, membership will be limited to those owning property within the PUD boundaries. Given the foregoing facts, we offer the following site-specific computation for this facility: I. An examination of the architectural plans indicates that there will be space sufficient for 53 employees in the clubhouse. o A conversation with the developer, Frank Cooper, indicates that there xvill be about 800 memberships total for the golf course. As a private club, Section 3.10 of Ordinance 92-22, as amended, will apply for an individual road impact fee calculation. The following assumptions have been used for insertion into the Road Impact Fee Worksheet attached hereto: A. 120 rounds/day* X 25% guests = 30 guest trips/day B. 53 employees X 2 trips/employee/day = 106 employee trips/day C. Allowance for service trips = 5 trips/day (restaurant, golf, maintenance trips) D. Trip length for Golf Course per Ordinance 92-22, as amended = 4.2 miles assessable; 5 miles total. E. For these trips, the percentage of new trips on the arterial network is 100%. This estimate is based on other, similar golf courses (e.g., Bonita Bay) that have provided historical information on the number of rounds played/day on average throughout the year. ATTACHMENT NO. / PAGE 2'.. OF 3 FEB 2 1998 Bob Lord, Plans Examiner February 6, 1998 Page 2 5. Based on the worksheet, the proposed road impact fee for the golf course and clubhouse is $17,710.46. Because the forgoing analysis relates to a Golf Course, and because a Golf Course is listed as a category in Table A of the appendix to Ordinance 92-22, as amended, we are preparing an Agenda Item for the Board to review this computation and provide ratification of its validity. Please do not issue any permits for this project until after the Board action has been recorded. If there are any questions, or if you need additional information, please contact me at 774-8494. CC: David F. Bobanick, Transportation Services Director Tom Kuck, P.E., Plan Review Supervisor Vincent A. Cautero, AICP, Development Review Administrator File: Cypress Woods Clubhouse/Golf Course RIF Attachment as stated ATTACHMENT NO. / PAGE 3 OF 3 FEB 2 1998 -- ~ EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE THE BOARD OF COUNTY COMMISSIO~' CHAIRMAN TO EXECUTE A RESOLUTION ADOPTING THE GOLDEN GATE COMMUNITY ROADWAY BEAUTIFICA~ON MASTER PLAN AND ACCEPT MAINTENANCE RESPONSIBILITY FOR THE LANDSCAPING WH'HIN THE MEDIAN OF GOLDEN GATE PARKWAY FROM SANTA BARBARA BOULEVARD EAST TO COUNTY ROAD 951. D.]~: To obtain the Board of County Commissioners' authorization for it's Chairman to execute a Resolution adopting the Golden Gate Community Roadway Beautification Master Plan and to assume the responsibility of annual maintenance of the Golden Gate Parkway median landscape between Santa Barbara Boulevard and CR 951. CONSIDERATIONS: On May 27, 1997, the Board directed the preparation of a Resolution adopting the attached Golden Gate Community Roadway Beautification Master Plan in order to incorporate it by reference into the Collier County Land Development Code (LDC), and to update the Collier County Streetscape Master Plan to include the same, which includes the acceptance of the Golden Gate Parkway median landscaping for County maintenance from Santa Barbara Boulevard to CR 951. As a result of that directive, staff has prepared the attached Resolution for final review and authorization for the Board's Chairman to execute the document. FISCAl. IMPACT: Funds have been budgeted for FY 97/98 within M.S.T.D. Road District 3 Fund (104-163666) for the maintenance of Golden Gate Parkway. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners review and authorize it's Chairman to execute a Resolution adopting the Golden Gate Community Roadway Beautification Master Plan, and assume the responsibility of annual maintenance of the Golden Gate Parkway median landscape between Santa Barbara Boulevard and CR 951 as per their direction on May 27, 1997. PREPARED BY: REVIEWED BY: REVIEWED Val Prin.,ce, Engineer II, Landscape Services David F. Bobanick, Transpomtion Director Ed Ilschner, Public Works Administrator DATE: FEB 2 I998 I RESOLUTION NO. 98- 2 3 RESOLUTION ADOPTING THE GOLDEN GATE COMMUNITY 4 ROADWAY BEAUTIFICATION MASTER PLAN AND ACCEPTING 5 MAINTENANCE RESPONSIBILITY FOR THE LANDSCAPING 6 WITItlN THE MEDIAN OF GOLDEN GATE PARKWAY FROM 7 SANTA BARBARA BOULEVARD EAST TO COUNTY ROAD 951. 8 9 WHEREAS, the Board of County Commissioner~ of Collier County, Florida (hereinafter 10 referred to a.l "Board"), adopted Resolution No. 96-589 which adopted the Collier County 1 I Streetscape Master Plan for the major public rights-of-way in the urban area of Collier County in 12 partnership with Collier/Naplescape '90's, a private non-profit State of Florida Corporation; and 13 WHEREAS, the Collier County Strectscape Master Plan, as adopted, i,~cluded o,fiy 14 unidentified specific locations of County Road (C.R.) 951 (between S.R. 84 and Golden Gate 15 Parkway), in the Five Year Capilal Improvement Program and did not include any other Golden Gate 16 MSTU Community Roadways such as C.R. 951 from Golden Gate Canal to Green Boulevard, and 17 Santa Barbara Boulevard from Golden Gate Canal to Green Boulevard in the Fifteen Year Capital 18 Improvement Program; and 19 WHEREAS. Collier County and the Golden Gate Beautification MSTU Advisory Committee 20 (hereinafter referred to as "Commiltee") requested that the MSTU Landscape Consultant prepare a 21 Master Plan for the Golden Gale Community; and 22 WHEREAS, the Board received and reviewed a submission of the Golden Gate Community 23 Roadway Beautification Master Plan at its meeting of May 27,1997; and 24 WHEREAS, said Master Plan may be considered an overlay design document for the Golden 25 Gate Community within Collier County, providing a plan for the Committee and the Golden Gate 26 Corrmnunity in proceeding with the present and future landscape roadway corridor's consistency with 27 the M~ter Plan throughout Golden Gate within the public rights-of-way; and 2~ WHEREAS, the Commits. ce addrer~xl the following elements of the Master Plan: Goals and 29 Objectives, Site Inventory and Analysis, Concept Development, Written and Graphic Guidelines to 30 Assist in the Community's Roadway Beautification Effort, and Cost Budgeting and Implementation 31 Phasing; and 32 WHEREAS, on May 27, 1997, the Board directed the preparation of this Resolution adopting 33 lhe attached Golden Gate Community Roadway Beautification Master Plan in order to incorporate it FEB 2 1998 I by reference into the Collier County Land Development Code (LDC), and to update the Collier 2 County StrecLg:ape Master Plan to include the re'ne. 3 NOW, THEREFOILE, BE IT RESOLVED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:' 5 6 The Board hereby adopts the Golden Gate Community Roadway Beautification Master Plan, 7 attached hereto as Exhibit A, with the intention to implement same. 8 9 A. Thc Board hereby directs the County Cun'ent Planning Staffto prepare an amendment 10 to the Collitr County LDC to incorporate the Golden Gate Community Roadway Beautification ]l Master Plan into thc Collie' County Street.scape Master Plan which is curr~tly adopted by 12 Resolution No. 96-589 and reference same in thc LDC in the next available amendm~t cycle, and 13 for County Cur:tnt Planning Staff to administer said plan to the extent possible for all project 14 applications occurring within thc applicable Master Plan boundary. 15 B. Thc Board hereby accepts thc maintenance responsibility as it relates to landscaping ] 6 within thc median of Golden Gate Parkway from Santa Barbara Boulevard East to C.R. 95 I. 17 BE IT FURTHER RESOLVED that this Resolution be recorded in thc minutes of this 18 Commission and filed with the County Clerk's Office. 19 This Resolution adopted after motion, second and majority vote. 20 Done this day of ,1998. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Marj~r~ ~V/: ~tudent Assistant County Attorney' EXECWFIVE SUMMARY OBTAIN BOARD APPROVAL TO REIMBURSE FUNDS TO FOREST LAKES PROPERTY OWNERS FOR FICUS SHRUBS THAT WERE RECEIVED BUT NOT PLANTED. O..]~dF..(~: To obtain Board approval to issue reimbursements to Forest Lakes Property Owners. CONSIDERATIONS: On April 9, 1996, the Board authorized staff to "fast track" the Forest Lakes Landscape Buffer Improvements along Pine Ridge Road. Total funds collected from property owners were $33,150 and the total project cost was $24,150. The project was completed and came in under budget by 59,000. On June 10, 1997, the Board approved staff's recommendation that these funds be reimbursed pro rata to the property owners. A recent survey of the ficu~ hedge shows that 588 of the 700 that were ordered had been planted. Staff researched the discrepancy and found that the original quote contained a contingency for overrun. The plant spacing requirement of four feet on center only allowed room for 588 plants to be installed. The remaining shrubs were utilized by the County Parks Department for placement at various park locations throughout the County. FISCAL IMPACT: Original projected cost for 700 plants was $24,150 (700 x $34.50/ea.), and the actual net cost was S20,286 for 588 plants (588 x $34.50/ea.). The difference of 5;3,864 will be refunded on a pro rata basis to the original payor from Road and Bridge Fund (101-163620-763100). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to prepare the necessary budget amendment(s) and other documentation to submit to the Finance Department for issuance of pro rata refunds to the property owners, and authorize the Finance Department to make the refunds and necessary journal entries to apply against Road and Bridge Fund 101-163620-763100. PREPARED BY: Ma-r~..uita King, Senior Secretary_ REVIEWED BY: ~~''''*'~ C REVIEWED BY: IS~~?tion~Oirector Ed Ilschner, Public Works Administrator DATE: 2/11/98 mk/021298/ES Forest Lks Reimb 2.doc FEB 2 1998 ~:IL~ No.3~ 02'12 '~ 16:63 ID:CC ~T~ITIC]N I'ROPf~TY OWNER Rcid ~ Wulf 12~ Fm-~ll LJk~ Ulvd, Nu~e,% I"L 9,/Richard Doll 30 t~udl Run, Orrdsetd Pm4% NY 14127 Joh~ H Schm~, AS ('~'ter St, Wmamc~'. MA 01605 Arthur ^ St~bbin~ 3.1 ~ Rd, AUicburo, MA 02?03 D~nnk 5 L)ccr~ckl Dr, Lake G~u¥c, NY Willium A Iloct" 135 P¢~,eat Lu~u~ rllvd, N3pl¢~. FI..q~,lo~, Rob¢~! J ?~lusk~ I~? Fure~t L~k(~ BIwL Napl., FL 34105 139 l"~'¢3t [.,akc= Bl~ Nuplca, I'L .1410.~ Wiliam $ L~lr~ell 9740 Yp,da'bilt L~', N~plc. s, FL 3.4108 Nurrr~ M Wci~:r I.~S Fo~,c=l I.=km Bird, N,,ph:=, Pi..34105 Lnill I'olloc~ RR I KIn~rdine, Ontarin, C"~mda N2Z 2X3 161 Fa'aK C,?md'I~ W 3500 GulrSh,~'e Ulv'd hi//1(77, I~.',plcs, FL, 34107 AMT REIMI1 $ 21.g2 $ 2R.92 $ 28.92 $ 28.92 $ 28.92 $ 28.92 2X 92 S 28.92 211.92 28.92 S 26.O4 Janet A I.~i~JI $ 2~.04 2ll F.~onl.n, Wldip, NY 11'79J Rma~a A Allm 163 Pon,.'~ 1.J~es Ol~d #105. Naple~ F'L 34105 163 r,.~ L~k,= Bird ~ICM, I~ rq. 341LU C~k~g L~ 2~ Item Itlll Kd, N~-w Falffmld, CT 0~812 12.40Id~ tow~ Tndl, Uoms, Oll 4~017 2604 $ 21C.92 PROPflRI'Y OWNER Akl I I'1 Pr~,r J ~ 4340 ~arlal J~h A ~ling S 853G M~ Rd, q'~, I~ F.~ ~k~ Bl~d, Nap~ F~ 34105 John ~m ' 1~3 Fo~ lakm Bird, Nap~, FL ~410~ Dmflicl K 4~! S 501 Fo~ ~k~ ~ ~103, N~I~, PL 3410~ ~o~ C W.I~ Ro~ C 3~2 Tm~ 16 I~ 1012~ FEB 2 J! 1998 gum M 693~ N Milwm~k~ A~ ~lOa,Ni~, IL ~0714 b~y 3415 PoI~Um .~v~ Nwld~, I'b 341~ Alun John 0 K~ ~fll Fm.t ~k~ Ul~ ~21il, Nmp~, NL )41~5 ~m~la P ~in~ntu ~ D Curt I~hn J Joy~ ~mr~a Din~ John 34~ ~ul~, P~i~ ~ ~70~ J~y W gmhh Mhn M Ku~. 3~} Suer l ~ A~on ~u, OI] 44012 27.47 27.47 27.47 2'7.4? 2'7.47 2d.04 26.O4 26.04 27.47 Marvin J Bocdc 22 InField (Il. ILnckvillc, MD ~4 John II P~ SOl F'o~ ~ Bird 1312, NapI~, ~ 34105 ~.47 R~ R R.~ ~f~7 O~tofl Iq W, W~II~, ()Il 43o1 I 27.47 '1~ L 2%49 ~a, P Wa~ Jc.a A ~i1~ 22S7 ln81~ Ct, N~I~, Fl. 3410~ ~11~ ~puk~ 27.47 Ar~ndu 4]6 ~ Main ~L Middlc~n, ~3' 2T.47 I len~ CI~ 1~90 A~,m .~, I~onf, Il 6~39 J~n 4~ Fo~ I~a Ulvd, Napl~ FL I..cy p Travl~ 0~71 ~r8 ~. 5yl~nla, O~ 4)~ 26.~ R Hill ~ 427 W GII~ ~IIIo, OH 4~4So 26.~ P~ ~937 gil~d.le Dr. ~nd ~rk. II 'FILE 1~.3Sg 02'12 '~ 3.6:64 ID:CC ~TI~TION FP, X:??4 David I I'~n;ilcm 73'/30lyn~ia Dr, Ech;a Pr~irl¢, MN ~L~344 .{12 ~olly Ave. Phih~'l~lphla, PA I~ll I Prbcil¼ R WiLton ? Climbing3, Rd #I¢)Z, '11monlum, MD 21t~3 lira N Chclll~o 5~11,5 Woodk:arc~ (~ntc~vlllc, Ya 22t3Zo Jm'~e J 1310 I'~oncc SI, PhilKlclphi~, PA lPll I Jane ^ Drimml (ncc ('~lin) 19U O~kw~ NE (iraqi I~pid~, MI I,~o L, Tylc~ 4~) Pc'~cst 'L~m rllvd fl306, Nnplc~,, FL. 341u~ P~lrick 9,/MrC~ov,~n Donald I lani~n 1~4 f)nmlnlon Midland, Onlario, C~mda L4R Hart7 Coulc~ 12134 ~ Flca-nbca~ Ih', p~lu~ H~i~h~s, 11. (,~t463 Tunic Lake Onlr(;nlony Apts Quail Run OolFCId~ c/u Tom Dcr. krcll 101(I pa'm~ I.sk~ Dr, Napk:s, Fl, 3410.'1 441 ~ Fnr~st Bl-,d ftu, o.~^, Nepi~ Fl.."t41CI~ 1~4 A~ t)r, P~nllyn, 1'^ 19422 $ 27.47 S 2'7.4? $ 27.47 29.47 S $ 26.~ $ 26.~4 $ 26.04 $ 26.04 $ 26.ILL S 26.04 281.95 454.R0 26.04 28.92 Ralph A I J~ SUflfl~y~ Llr, Crown Point, 1N 4(,~ A~ L H~n~ 149 Fo~ ~ BNd ~101. N~I~. FL 34105 ~cla K~n rd~r~ Wa~l I~ ~ A Hcd~ Rom ~1 H~bum Rd. ~:ll[~n, NJ ~UIZ 165 Fo~t J~Ann Lb~o ~grl~ 17~ F~ l~k~ ~1~, N~les, FL 34105 J~ 2249 K=m ~d, Na~willc, II. f,5~ Ilk.rd I~? FM~ ~ DI~ Na~, FL 34105 N~ M O~ M Ka~ ~2 ~~ Arc T~h. (~o, ~ M4W I YI (~ml W dn E~d Bbl~cki FEB 1998 PG. EXECUTIVE, SUMMARY ADOPT A RESOLUTION AUTHORIZING COLLIER COUNTY TO ENTER INTO AND APPROVE A JOINT PARTICIPATION AGREEMENT BETWEEN THE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STREETLIGHTING AS PART OF THE IMMOKALEE STREETSCAPE BEAUTIFICATION PROJECT (PROJECT #68063). OBJECTIVE: To adopt a resolution authorizing Collier County to enter into and approve a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the fvmishing and installing of streetlighting as part of the Immokalee Streetscape Beautification project. CONSIDERATIONS: The Immokalee Beautification MSTU has developed plans for constructing a downtown streetscape along SR 29 (Main St.) in Immokalee. Construction on Phase II, Sub-Phase A of this project is scheduled to begin on February 17, 1998. This phase of the project was awarded by the Board of County Commissioners (Agenda Item No. 16(B)(9)) on December 16, 1997. As part of this phase, replacement of the streetlighting along SR 29 is to occur. The proposed Joint Participation Agreement (FPA) with the Florida Department of Transportation (FDOT) enables Collier County to be granted $100,000.00 towards the purchase and installation of the new streetlighting along SR 29. In order to enter into the .)'PA, the Board must first adopt a Resolution authorizing the County to enter into the Agreement. Thence, execution of the J'PA can be formalized. The Resolution and Joint Participation Agreement have been reviewed and approved for legal sufficiency by the County Attorney's Office. FISCAL IMPACT: In the adopted FY 98 budget, $172,300 was appropriated for this purpose, however, that figure was based on one less light fixture than will be actually needed to complete the project. The current cost estimate for the light fixtures is $175,000. Funds are available in: Fund: Cost Center: Project: Immokalee Beautification MSTU (156) Immokalee Lighting (162723) Immokalee Beautification (68063) The grant revenue is currently budgeted and will be received after installation of the light fi:~tures and the required inspections have been completed. FEB 2 4 1998 m~. Executive Summary Project #68063 Page 2 GROWTH MANAGEMENT IMPACT: The plan for landscaping and pedestrian enhancements along SR 29 by the Immokalee Beautification MSTU will implement Policy II. 1.8 of the Immokalee Master Plan. RECOMMENDATIQN: That the Board of County Commissioners: 1. Adopt a resolution authorizing the County to enter into a Joint Participation Agreement with the Florida Department of Transportation. 2. Approve the Joint Participation Agreement with the Florida Department of Transportation. 3. Authorize the Chairman to execute the resolution. Jc~/eph F./Delate, ~SLA~ ~LA; Pro~ect Manager Offices'gf Capital Proiects Management Office o~. Capital Projects ~gement David F. Bobanick, Director REVIEWED B~ _ Ed Ilschner, ~[~dn~inistrator - Public Works Division Authorize the Chairman to execute the Joint Participation Agreement. Date: Date: . ~-~/t ~/~ Date:~ JD/Ib.exsum#68063 FEB 2 1998 l 2 3 6 ? 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ,13 45 47 49 50 51 52 RESOLUTION 98. A RESOLUTION OF TItE BOARD OF COUNTY COMMISSIONER~ OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY TO ENTER INTO A JOINT PARTICIPATION AGREEMENT BETWEEN COLLIER COUHTY AND TIIE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND. INSTALLING OF STREETLIGHTING AS PART OF THE IMMOKALEE STREETSCAPE BEAUTIFICATION PROJECT. WHEREAS, the Board of County Commissioners desires that the County participate in the beautification of SR 29 by installing streetlighting between mile post 37.326 and mile post 37.828; and WHEREAS, the Board of County Commissioners intends by ~loption of this Resolution to authorize the County to enter into a joint project with Florida Department of Transportation for the installation ofstreeflighfing on $R 29. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. A Joint Participation Agreement for 03080-1501 is hereby approved. 2. Baxbara B. Berry, ss Chairman, is authorized to execute the Joint Pa~icipation Agreement between Collier County and the Florida Department of Transportation. ADOPTED by the Board of County Commissioners of Collier County at regulzr meeting assembled this day of ,1998. A'I~EST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. BARBARA B. BERRY, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi F. Ashton FEB 2 1998 TRAFFIC OPERATIONS JOINT PARTICIPATION AGREFSfENT WPI No: 1114184 Job No: 03080-1501 Fund: SAMAS Approp: Function: SAMAS Obj.: Federal No: Org. Code: Contract No: Vendor No.: THIS AGREEMENT, made and entered into this day of ,19 by and between the STATE OF FLORII1A DEPARTMENT OF TRANSPORTATION, an agency of the State of Horida, hereinafter referred t~ as the Department, and Collier County_. 3301 E. Tamiami Trail. Naples. Florida 34112. hereinafter referred to as the Agency. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department ha~ been granted the authority to function adequately in all areas of appropriate .~ction inchx41ng tile implementation of an integrated and balanc~ transpomtion system and is authorized Section 334.044 , Horida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenaxm, promi~s and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: To provide Depa~ient participation in the furnishing and installing of stxeeflighfing as part of a Streetscape Beautification Project within Immokalee urban area on SR 29 between milepost 37.326 and milepost 37.828. am as further described in Exhibit(s) A.B&C amcbed hereto and by ~ reference made a part hereof, hereinafter referred ~ as the project, and to prcn4de Departmental financial assistance to the Agency ami state the terms ~ conditions upon which ~uch assistance will be ~-ovided and the undermxxtin~ ~s ~o the ma. truer in which the project will be undertaken and completed. 2.00 AccompRslm~ent of the Project: 2.10 General Requiretnent~: The Agency shall commence, and complete the project as described in Exhibit 'A" at~acbed hereto and by this reference made a pazt hereof, with all practical dispatch, in a sound, economical, and cfficien~ ma.truer, and in accorchnce with thc provisions herein, and all applicable laws. 2.20 Purn~nt to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceed~ or aulhor~tion is requisite under applicable law to enable the Agency to enter into this Agreement or ~o undertake ~ project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will irfitiate and consummate, u provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal .id requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts ~md Ol~et Docmnents: The Agency ~ submit to the Depa~rnent such data, reports, records, conmacts and other documems relating to the project as the Del:~rtmem may require as listed in Exhibit "C~ attached hereto and by ttfis reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is S178.000. This mount is based upon the estimate summari_~_ed in Exhibit "B" attached hereto and by fids reference made a part hereof. The Agency agrees to bear all expenses in excess of the to~ estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $100.000 as detailed in ExJ:dbit 'B", or in an amount equal to the percentage(s) of total project cost shown in Exl'dbit "B', whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of fids Agreement. It is understood that State participation in eLigible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduJed to be ~mmitted; Avzilability of funds as sta~z:l in paragraph 17.{30 of this Agreement; (c) Approval of all plans, specification.s, contracts or other obLigating docurnents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A &: 13) at the time appropriation authority becomes available. 4.20 Front End Funding: From end funding (x.x) (is not) applicable. If applicable, the Department may initially pay 100% of the t~tal allowable incurred project cos~ up to an amount equal to its total share of pa.rticipation as shown in paragraph 4.00. 5.00 Reiainage: Retaimge (x.x) (is no0 app~cable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budge~ and Payment Provkiom: 6.10 The Projec~ Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds o~y in conformity with the latest approved budget for thc projecL No budget increase or de~rease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of fids Agreex',g.,,, Deparunent Comptroller. 6.20 Payment Provisiom: Unless oSz~ allowed under paragraph 4.20, payment will belin in the year or project pha.~ is scheduled in the work program as of the date of the agreement. Payment ~ill be made for actual incurred as of the date the invoice is submitted with the final payment due upon receipt of a fual invoice. 7.00 ~ntin~ R~__~-ds: 7.10 Estab~ and Maintenance of A~nting Records: The Agency shall esnbli~ for the project, in conformity with reqcLmmeats esnbIi.qlx~ by Department's program gxfidelines/procedur~ ~_~_ "Principle~ for State and Local C_.overtm~nts', .~:~ra~ accou~ ~o be maintained within iU existing accoumi~ ~'y~m or e.~bti~h independent accounts. Such accounts are referred to herein collectively as the *project account*. Documentation of the pro.~.'t account shall be made available to the Dep~cment upon request a~y time during the period of ~ Agreement and for five yea~ after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, nrrl depoht in a ~ or n-urn co~ which i~ a member of the Federal Deposit Insuram~ Corporation, all payments received by it from thc Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other fur~ are herein collectively referred to as 'project funds'. The Agency shall require depositories of project fund~ to secure continuously and fully all project funds in excess of the amounts in.va~ed um:Icr federal plan~, or under Sate plans wkich have been approved for the deposit of project funds by ~he Deparl:mem, by thc deposit or setting aside of collateral of the types and in thc manner as pre~cribe~ by Stale law for the security of public funds, or as approved by the Department. 7.30 ~ hxatrred for the Project: ~ Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or am'ibutable to acdons which have not received the required approval of Department shall not be considered eligible cos~. 7.40 Dommenta~ of Projec~ Casts: All corn charged to the project, including any approved services contribul~d by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper deta.[l the nature and propriety of the charges. 7.50 Che~s, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or ,511 be chargeable against thc project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the p~ for which tach check or erder is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project ~ be clearly identified, r~dily accessible, and, to the exumt f~a. sible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which the project account remain~ open, two audit reports prepared either by its officia] auditor or audit agency or an independent certified public accountant, reflectiag the use of the.funds of the Department, the Agency, and those from any other ~ource with respect to the project. Audits sha. l] be performed in accordance with generally accepted government auditing standards contained in the "Standards for Audit of Governmental Organi:,adons, Programs, Activities and Functions", issued by the U. S. C~n~ral Accounting Office a~d OMB Circulates A-128 or A-133 where applicable. The Agency ~ require its auditors to include in their repor~ a scbeduie of project assistance as described in Exhibit "A", Special Considerations. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the Joss of such equipment or facilities ~he Agency shall either replace the equipment or facilities or reimburse the Deparunent to the extenk,m[J&Liglerl.~.ti~the Iowa equipment or facility. In the event this Agreement is for purch~ of land or for the construction of infrastructure, the l~pa~t ~1,' ~: ot Pi~i 4 4d II modify this section with an Exhibit "C". 8.10 AOi0n by ~e Agency: In order to obtain any Dcpartngnt fun~, thc Agency shah file with th~ Dcpazunent of Trampomtion, District ! Traffic Operations Office, Barrow Florida, 33930 its requisition on · form or fca'ms prescribed by the Deparumm, ~ other data pernining to the project account (~s defined in paragraph 7.10 herco0 to justify ami support R~e payment requisitions. &ll Invo~c~ fix ~ or other con'q~nsation for services or expenses ~ be submi~ in detail sufficient for a proper preaudit and postaudit thereof. 8.1.2 Invoices for any..travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Deparunent may es~blish rates lower ~ the n'h~2mum provided in Chapter 112.061, Florida Stamte. s. (1) (2) (3) For rca] property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actt~! consideration paid for real property. a s~tement by the Agency certifying that the appr~ol ~ acquisition of th~ rea] property together with aay attcrxtam relocation of occtrpa~ was accomplished in compliance with all federal laws, rules and procedur~ required by any federal oversight agency and with all mt~ laws, rules ~ procedures that may apply to the Agency acquiring the real property. 8.20 The Dep~U,~nt's Obli~tkms: Subje~ ~ other ~om ~rmf, ~ Dep~ m,ent ~I! ho~ ~ ~ifiom ~ ~ ~ at ~es d~m~ by ~e Dep~ent ~ ~ pr~r ~ e~e ~e ~g ~t of ~ ~ojea ~ ~em ~ ~ e~ble ~. However, ~~ ~ o~r ~on ~ ~s A~men~ ~e De~nt ~y ele~ ~ ~fi~ ~ ~g ~ ~ ~ a payment on ~ project if: 8.21 Misrepresentallon: The Agency shall have made misrepresentation of a mamrial nature in its application, or any supplemem u'~ere~ or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Lttig__int~on: There is then pending litigation with respect to th~ performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Depa'unom The Agency shall have ukcn any action ix'ruining to the project which, under ~xis atp'cement, requires the approval of the Department or bas made related expenditm-es or incurred related obligations without having been advised by the Department that mine are approved; 8.24 herein; or Confik~ of Interests: There has been any violation of t~ conflict of briefest provisions contained 8.25 Default: The Agency has been determined by the Depa.,zmcm to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any f~eral agency providing federal financial assistance to the project suspe~ or tcrmim~cs federal financial assistance to the project. In the cvem of' ' '' ' ' of federal financial assistance, the Agency will reiml:a--se th~ ~nt for all disallowed~ 8.30 Dimllowed Cot~: In delermirting the amount of the payment, the Depa~tment will incurred by the Agency prior to ~e c~ective date of this Agreement, costs wMch are not provided for ~ ~e late~ budget for thc project, and ~ attributable to goods or services received trader a contract or other arrangements which not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion,,any claim is made by the Deparn'~nt r~sulting from an audit or for work or servic~ performed pa'mare to this a~reement, the Depa~ tment may offset such amount from payments due for work or services done under any jolat I~rticipation agreement which it has with the Agency owing such amount if, upon demand, payment of t~ amount is not made within sixty (60) days to the Dcpaxtment. Offse~ amounts ~ not be considered a breach of contract by t~ Department 9.00 Te. rmiaation or Suspension of Project: 9.10 Termination or Suspension_~: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reaso~ the commencement, prosecution., or timely completion of the project by the Agency is rcmtered improbable, infeasible, impossible, or illegal, the Department will, by write no~ice to the Agency, suspend any or all of its obligatons under this Agreement until such time as the event or condition resulting in such suspension has c. eased or been corrected, or the Dcpa~u~ent may term.iaate any or all of its obligations under this Agreement. 9.11 Action Subsequent t~ Notice of Termination or Suspension. Upon receipt of any fir, al termination or suspension notice under th~ paragraph, the Agency shall proceed prompdy to carry out the actions required therein which may include any or all of the foUowing: (1) neces.~axy action to termi~te or suspend, as the case may be, project a~vi~ ar~ cortt~acts and su~ other action as may be required or daskable to keep to the minimum the costs upon the ba~ of which the ftnan:Lug is to be compu~l; (2) furnish a mtement of the project activities and contracts, and other ur,~rta,kings the cost of which arc othe~ includable as projec~ cons; and (3) remit to the Department ~ por~on of the fma.ucing and any advance payment previo~ly received as is determined'" by the Department to ~ ur, der the provisions of ~ Agreement. The ucrmination or suspe~on shall be carded out in conformity with the la'~e~[r schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon thc failure of the Agency to furnish thc schedule, pl~ and budget within a reasomble time. The approval of a remitumce by the Agency or the closing out of federal financial pa~cipation in thc project shall not consttute a waiver of any claim which the Department may otherwise have arising out of th~s Agreement. 9.12 The Departmem reserves the right to unilaterally cancel -,hit Agreement for refusal by the contractor or Agency to ~llow public access to all documents, papers, lerzrs, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. I0.00 Res'niqsion of Projec~ Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Impection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to aucLit the books, records and accounts pertaining to the financing and development of the project. 1.2.00 Contracts of the Agency: L2.10 Third Party Agreements: Excel:nas otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Deparm~ent joint participation funds, including consultant, consa'uction or purchase of commodities contracts or amendments thereto, ~ respec~ to ~e projec~ without the wrinen approval of the Department. Faire to obtain such approvallsh~.be"T'~"'~,~ ~ for nonpayment by the Depar~ent as provided in paragraph 8.23. The ,D,,epa. rlment specifically res~rves~t~n~ to review the qualifications of any consultant or contracto.r and to appro, e or disapprove the emplo~mel~[~~- ~ [/'-.,--,,~-~ } 12.20 Compliance with Consultants' Com~e Negotiagon Act: It is unde~ a~ agreed by the parties hereto that participation b7 the Depa., tment in a project with an Agency, where said project involves a consultant contract for engineering, arching'tare or surveying services, is contingent on ~he Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At.the discretion of the Depatunent, Rte Agency will involve the Department in the Consultant Selection Proc.~ss for all contracts. In all c.a.ses, the Agency's Attorney shall certify to the Dcl:m-m~ent dut selection has been accomplished in compliance with the Con.mltant's Competitive Negotiation Act. 12.30 Di.qad?ant~ed Business Enterprise (DBED Policy and Obligation: 12.31 DBE Policy: It is the policy of the Deparunent that disadvantaged business enterprises as deftned in 49 CFR Part 23, as amended, shall have the maximum opporumity to participate in the performance of contracts financ~ in whole or in part wiuh Department funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to this Agree_merit. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged B~iness Entcrpri~s as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall ~.e all nece.~ury and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Busines~ Enterpri~s have the maximum opporumity to compete for and perform contracts. Grantees, recipients and theix contrac~r~ shall not discriminate on the basis of race, color, national origin or sex in the award and performance o! Department ~sisted conu'acts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall no~ discrim~te agakm amy employee or applicam for employment because of race, age, creed, color, sex or national origin. Th~ Agency will tal~_ affirmative a~on to ensure that applicants are employed, and that employees are treated during employment, without regard ~o their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, th~ following: Employmem upgrading, demotion, or tra.m'fer; recruitment or recruitment advertising; hyoff or termination; ram of pay or other forms of compermation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relation.qhip in all its contracts in connection with th~ development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shat require all such contractors to insert a similar provision in all subcontracts, except subconlracts for sta.ndard commercia supplies or raw materials. When the project involves installation, cons'a'uction, demolition, removal, site improvement, o~ similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for projec work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 ~ VI - Civil Rights ACt of 1.964: Execution of this Joint Participation Agreement constitutes a certificatioz that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 ('78 Statute 252) the Regulation~ of the Federal Depa~ tment of Traml>ortation ismed thereunder, and the a.ssurancc by the Agency pursuan thereto. 13.30 ~ VIII - Civil Rights AcI of Lq68: Execution of ~ Joint Participation Agreement cor~titutes a certificatiot that the Agency ~511 comply with all the requirements im~ by Title VIII of the Civil Rights Act of 1968, 42 VSC 3601,e seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement con.vtitute a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the feder~ government issued thereunder, and the assurance by ~he Agency pursuant thereto. / __ 13.50 Prohibited Initresis: Neid'~er ~he Agency nor any of its contractors or their subcontra,~to~ COab~cL, s~a~,~ ~ a.n'an~mcnt in connection with the project or az~y property included or planned to beincluded lllain project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter ha~ interest, ~ or 5xfizec-t. If ~ such present or former member, officer, or employee involunt~ily acquires or had ac prior to be beaming of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Deparm~n~, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not pa.~icipate in any action by the Agency relating to such contract, subcontract, or arrange~ The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, a~d shall require its contractors to insert in each of their mbcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.' The provisions of th~s subsection shall not_be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Mi~_~,ll=neoiss Provisions: 14.10 En~'ironmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the A~ncy fftat the project w'iJJ be carried out in conforrnnnce with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of' non-compliance with applicable en~imnmentnl regulations, including the securing of' any applicable perm]ts, and will reimburse the Department for any loss incurred in cou~ection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunde any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exi~ shall Lo no way bnpair or prejudice any right or remedy available ~o the Depa~ u~ent with respect to such breach or default. 14.40 How Agreement la Affected by Prorisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of appLicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territtn~ Law: Nothing in the Agreement ah, all re. tire the Agency ~o observe or enforce compliance with any provision thereof, perform any other act or do any other thing LO contravention of any applicable State hw: Provided, that if'any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agenc:~, may proceed as soon as possible with the project. 14.70 Use and Maintmance of Project F~fl/t/es and Equipment: The Agency agrees that the project facilities ~ equipment will be used by ~he Agency t~ provide or support Ixaf'fic operations for the period of the usefu life of such facilil and equipment as dezrmir~ LO ac. cor~ with general accotmting principles and approved by the DeI tS-tmenS~c, cad~'~ncy - further agrees to maintain the project facilities and equipment in good working order for the useful fe ~~ FEB 2 4 1998 equipment. 14.TI Prop~ R___~Is_: The Aie~'y a~rees Io ~innln property records, conduci physical inventories and develop conizol systems as required by 49 CFR Pm lg, when applicable. 14.S0 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or ~luipment duri~ its u~ful life for any purpo~ except its r~placement wi~h ~ facility or equiprr~nt for traffic olmrations use, the Agency will comply wilh ~ m'ms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department s proportional amount of the proceeds from the disposal of the facility or equipment. Said proportiom, l amount shall be determined on th~ basis of the ratio of the Deparlment financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indannity: 'Eo the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents or employees from all suits, actions, claim, demands, liability of any m~m'~ whatsoever arising out of, because of, or du~ to breach of the Agreement by the Agency or its subcontractors, agents or employees or d~ to any negligent act, or occurr~n:e of omission or commission of the Agency, its subcontractors, agen~ or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury oi damage to per,om or property dir~'tly caused or r~suhing from the negligence of the Depa~ tment or any of its officers, agenu or employe~. The .parties agree ii'at this clause shall not waive the benefits or provisions of Chapu~r 768.28, Florida Statute., or any similar provision of law. Agency's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate ant ast, ociat~ with the Deparu'nent in the defense and trial of any damage claim suit and any related settlement negotiations, shall be triggered by the Department's notice of cl,im for indemnification to Agency. Agency's inability to evaluate liability or it~ evaluation of liability shall not excuse Agency's duty to defend and indemnify within seven days after such notice by the Department is given by r~gi_vt~red mail. Only and adjudication or judgment afar highest appeal is exhausted specifically findin~ the Deparmaent negligent shall excu.~ l:~rformanc~ of this provision by Agency. Agency shall pay all costs and fees relatr~ to this obligation and its eaforcement by the Department. Department's failure to noffy Agency ora claim shall not releas~ Agency of the above duty to defend. 15.00 Plans and Specifkmtiofls: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans ar~ specLfica6om covering the project. The Deparrmem will review all plans and specifications and will issue to the Agency writ~ approval with ar5, approved pardons of the projea and comments or recommendations concerning any remainder of th~ projecl deemed appropriate. Afar resolution of these comments and recommendations to the Department's satisfaction, the Department will ~ to ~ Agency writ~n approval with said remainder of the project. Failure to obtain this wrin~n approval shall be sufficient cause for nonpayment by the Dep,, tmen! as provided in paragraph 8.23. 16.00 Project Completion, A~ency Certification: The Agency will cerdfy in writing on or attached to the final invoice, that the project was comple~cl in aceordazx:~ with applicable plans and specifications, is in place on the Agency facility, that adequate rifle is in the Agency and that the project is accepted by the Agency as suitable for the intended p~. 17.00 Approprlagon of Funds: i7.10 Th~~. State of Florida's performance and obligation to pay under th~s Agreement is contingent upon an annual appropriztion by the Legislature. 17.20 Multi-Year ~t: In the event this Agreement is in excess of $25,000 and has a t~rm for a period o! more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Deparu'nent, during any fiscal year, shall not expend money, incur any liability, o~,,,,;, ~ ~rr~ ~ , any contact which, by i~s t~rms involves the expenditure of money in excess of the amounts l~ad~ ',,,:_/t__ :. this subsection is null az~d void, and no money may be l:~id on such contrac~ The De~n! shall require a statement from the comptroller of the Depa~unent that funds are available prior to entering int~ any such contract or other binding commimaent of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but .ny contract so made shall be execu:ory only for the value of the services to be rendered or agreed to be paid for in succ_-edi~g fiscal years; ~xi this paragraph shall be incorpora~d verbatim in all contracts of the Department which are for an amotmt in excess of 2~,000 dollars and which have a term for a period of more than I year." l&00 F..xp~ d' Agr~mmt: Tlz A~ncy agreea to complete the project on ~. If the Agency does not complete the project within this t/me period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District One. Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of fltis Agreement shall be initiated. l&10 F'mal Invoice: The Agency must submit the final invoice on this project to the Department within 30 days after the expiration of tiffs Agreement. Invoices submitted after the 30 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plual form shall exte~ t~ a.,xt include the singular. All words used in any gender shall extend to and incl,ude all genders. 20.00 Execution of Agreement: 'l'kis Agreement may be simultaneously executed in a minimum of two counterparts, each of wMch so executed shall be deemed to be an original, and ~uch counterparts together shall constitute one in the same instrument. 21.00 Restrictio~ on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated Kinds have been paid or will be paid by or on be of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or aa employee of a Member of Congress in cormection with the awarding of any federal contract, the rnaidag of ~ny federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or a=mpting to influence an officer or employee of any federal agency, a Member of Congress, aa officer or employee of Congress, or an employee of a Member of Coat~-~ in conmction with this Joint Participation Agreement, the tuxlersigz~! shall complete and submit Standard Form-LLL, "Disclosuze Form to Report Lobbying,' in accordance with its instructions. The Agency shall require that the ianguage of this section be included in the award documents for all $ubawards at all tiers (including subcontracts, subga'ants, and conlzacts under gn.nts, loans a.r<l cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 SLate: No funds received pursuam to this conu'act may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing gtxxts and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days I~ inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for pa~u'nent (voucher) to the Deparu~ent of Banking anddavsFinaace. Th~ 20 are measured from the later of u~e da~e the invoice is received or the goods or services are received, ~ If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and service, a sfl:~a= ;~terest pen;tlty ~ a~ ~ ~cfion 215.4~3)~) will ~ d~ ~ ~le, in a~on ~ ~ i~oi~ ~t ~ ~e Agency. ~e ~re~ ~ pr~ision applies a~r a 35 ~y time ~fi~ ~ ~c. ~ ~fi~ of !~ ~ o~ (l) ~ wUI ~t ~ e~or~ ~e~ ~ Age~ r~ ~ve ~ ~ re~ ~ ~ Age~ ~ of vendor ~=p~afion enors will rc~t ~ a ~y ~ ~e ~cnt. ~e ~voi~ payment r~emen~ ~o ~t ~ ~fil a pro,fly ~mple~d invoi~ is Provid~ ~ ~ De~ent. A Vendor Ombuctsman has been established within the Department of Banking and Finance. The duti~ of th.is individuaJ include act/rig as an advocate for Agencies who may be experiencing problems in o/:,uin/ng timely payment(s) from thc Defn,'-cme~ The Vendor OmSxim'an may be contacted at (904)4g$.2924 or by calling the State Comptroller's Hotl/nc, 1-g00- 848-3792. 23.00 PubLic Entity C,~,,e: Pursua~ut to 287.133(3)(a)F.S. the following i; applicable to this agreement. 287.133(2×a) "A per, on or aff-~t~ who has_been phc. ed on the convicted vendor list fo[lowing a ~nviction for a public entity crime may not submit a bid on a contr~t to provide any goods or services to a public entity, may m~t submit a bid on a contra~ with a public entity for the constru~ion or repair of a public building or public work, may not svbmit bids on leases of re. al property to a public engty, n~ay not be awarded or perform work as a contractor, supplier, subcontractor, or consuJtant under a contract with a.~y public entity, ~ may not ~ansact business with any public entity in ex~ of the threshold amount provided in s.287.017 for CATEGORY TWO for a peried of 36 months from the date of being pla'.~.d on the convicted vendor list." WPI NO. II141S4 JOB NO. 030g0-1501 Contact No. C0~ ~ r'~:R COUNTY, FLORIDA DATE FUNDING APPROVED BY COMlYl~OLLER (SEE ATTACHE~ ENCUMBRANCE FORM) BY: (SIGNATURE) Barbara B. Berry (TYPED NAME) TITLE: Chairman Board of County Commissioners Collier County, Florida APPROVED AS TO FORM, LEGALITY A'rrOR.NEY (DATE) DEPAR~NT OF TRANSPORTATION ATTEST: ,(SEAl.) DISTInCt SECRETARY (DATE) TITLE: ATTEST: EXECUTIVE SECRETARY OR NOTARY WPI NO. 111418% JOB NO. 03080-1~01 CONTRACT NO. ~XHIBIT PROJECT DESC~LIPTIONAND ~.E~PONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Collf County? Florida .dated PROJECT LOCATIONs Immokalee, Collier County Florida PROJECT DESCRIPTION~The work includes design, construction and construction engineering inspection services for the furnishing and installation of street lighting as part of a streetscape beautification project (State Project No. 03906-9071) within Immokalee urban area on SR 29 between M.P. 37.326 and M.P. 37.828 (roadway section number 03080). ADDITIONAL P. ESPONSIBILITIES OP T~E PARTIES~ 1. The County shall be responsible for the design and construction of the ~ect. Ail work on the lighting system is to be done under a general purpo~ according to the plans and specifications of the Department, which pl~ and specifications are, by this reference, made a part hereof. 2. The County, upon completion of the lighting project assumes sole responsibility for the maintenance of said lighting system. The County furthE agrees to be responsible for the payment of all costs for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 3. The County shall not, under any condition, remove the equipment which is tk subject matter of this Agreement for any reason without the prior written consent of the Department. 4. The Department shall provide, through its Naples Maintenance Office, construction engineering inspection (CEI) services for the project. 5. All notices under this Agreement shall be directed as follows: TO DEPARTMENT John Vliet, Maintenance Engineer Florida Department of Transportation 4800 Davis Boulevard Naples, Florida 34104 Page i of I TO COUNTY Joseph F. Delate, Project Manager Public Works Division Collier County 3301 E. Tamiami Trail Naples, Florida 34112 WPI N0.1114184 JOB N0.0~080-1501 CONTRACT NO. EXHIBIT P~OJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and .dated PROJECT COST: $ 178,00( TOTAL PROJECT COST: $ 178,00( 11. PARTICIPATION; Maximum Federal Participation FTA, FAA %) or Agency Participation In-Kind Cash Other Maximum Department Participation, Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) ( (N/A%) ( (N/A%) or ( %] or ( %) or TOTAL PROJECT COST $ $ 78,000 $ $100,000 $ $178,000 Page i of I eo WPI NO. JOB NO. CONTRACT NO. 1114184 0~080-1~01 EXHIBIT 'C' · E~UIRED ~I~MITTALS/CERTIFICATION AND BASIS FOR THEIR ACCEPTANCE BY TH~ DEPArtMENT This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and _ Collier County. Florida dated , S URMI ~AL/C~RTI FI CATION RESPONSIBILITY Services/Commodities Selection Compliance (with Statutes) Public Agency Attorney Certification Feasibility Study (if necessary) Public Agency /EIS (if necessary) Public Agency Design Submittal 90% 100% Department Review/Letter Comments Department Review/Letter Comments Design/Construction/Procurement Public Agency CEI Services Department MBE Compliance Public Agency Certification Safety Compliance Public Agency Audit Reports Public Agency Annually During Life of Project Page 1 of 2 ~l.~ues~s £o~: ~.einbuz'smnent: (~:nvoice Sutm:Lt.t:alf) &ccoz'dm.nce w£ 22.00 Required Submittal Forn~t The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instrUCtiOns 9iven by the Depar~nent. Back-up documentation will include the appropriate item~ necessary to verify costs incurred and the eligibility of said costs. Approval of Submittal Goods or services received under this agreement shall be approved or disapproved by the Department no later than five (5) working days after receipt, by the District Traffic Operations Engineer, of a properly prepared and submitted invoice. Payment to be for direct costs only (this excludes 9eneral and administrative overhead). Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) workin9 days of receipt and return the invoice for correction. Page 2 of 2 EXECUTIVE SUMMARY APPROVAL OF A LIMITED USE LICENSE AGREEMENT WITH TIlE GOLDEN GATE AREA CHAMBER OF COMMERCE, INCORPORATED, IN ORDER TO HOLD ACTIVITIES FOR THE GOLDEN GATE FESTIVAL DJ~[~v_T_LY.~: Approval of a Limited Use License Agreement ("Agreement") between Collier County and the Golden Gate Area Chamber of Commerce, Incorporated, ("Chamber") in orde~ to allow the Chamber to hold activities for the Golden Gate Festival (formerly known as Frontier Days). CONSIDERATION: Staff's records indicate the Chamber has utilized, on an annual basis, that County owned property known as a portion of Tract 115, Golden Gate Subdivision, Unit 4, as recorded in Plat Book 5, Page 109, of the Public Records of Collier County, Florida, since 1986 for a festival. The Chamber wishes to utilize the County site this year from February 27, 1998 through and including March 1, 1998. All proceeds from the event shall benefit the Collier County community. In the past, the Real Property Management Department has sought approval of the annual Limited Use License Agreement through the authority granted under a blanket Resolution authorizing the execution of Limited Use License Agreements by the Chairman of the Board for the current Chairman's tenure only. Resolution No. 98-6 is the current Resolution authorizing such approval. Due to revisions in the standard Agreement requested by the Chamber, staff is requesting Board review and specific approval of the attached Agreement. The Chamber has requested Paragraph 14 be modified to allow the sale of alcoholic beverages on the County owned property being utilized for the event. According to the Chamber, the sale of alcoholic beverages is a significant source of revenue during the event. The Parks and Recreation Department has advised that the subject property is not among the parks inventory, therefore the decision to allow the sale and consumption of alcohol rests with the Board of County Commissioners. The Risk Management Department has provided additional insurance requirements to the Agreement which the Chamber has agreed to provide. However, staff must advise the Board of County Commissioners that due to the property being County owned, even with appropriate insurance and indemnification provisions inserted in the AGreement, there still exists a liability exposure for the County. Agenda :][ t~em FEB 2 1998 FISCAL IMPACT: None GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners review and approve the attached Limited Use License Agreement between Collier County and the Golden Gate Area Chamber of Commerce, Incorporated, for purposes of allowing the Chamber to hold their Golden Gate Festival (formerly known as Frontier Days). PREPARED BY: - ~"'~~'~_ ~,-,L'~,_t",, DATE: -~' '.~;-~,~_ Sand~a-Taylor, Real Property Mar~ment Department Director REVIEWED BY'.. ,~..~,~~ DATE: Z. t~). ~ ~ Tom Olliff, Public Ser~J~ Division Administrator Agenda ],t. eka. FEB 2 1998 Lea~ #901 LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND THE GOLDEN GATE AREA CHAMBER OF COMMERCE, INCORPORATED, A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSES OF HOLDING ACTIVITIES FOR THE GOLDEN GATE FESTIVAL {FOILMERLY KNOWN AS FRONTIER DAYS) This Limited Use License Agreement entered into this _ day of 1998 by and between the Board of County Commissioner~, Coll"er County, Florida, whose mailing address is 3301 Eut Tarniarnj Trail, Naples, FlorMa 34112, hereinafter referred lo M "Board", and the Golden Gate Area Chamber of Commerce, Incorporated, a non-profit Florida corporation, whose mailing address is 3847 Tollgate Boulevard, Naples, Florida 34114, hereinaRer referred to m "Chamber". WHEREAS, the Chamber requests the use of County-owned land for the purpose of holding activities for the Chamber's annual event beginning February 2'7 through March 1, 1998 in which the proceeds generated will benefit the community; WHEREAS, the Board is willing to approve thc ute of County-owned land for rdch purposes; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. The Board herein approves the use of County-owned property identified as that portion of Tract 115. Golden Gate Subdivision, Unit a, as recorded in Plat Book 5, Page 109, of the Public Records o£ Collier Count)'. Florida, wh:ch lies west of the Golden Gate Commumty Center on Golden Gate Parkway and east of the Golden Gate Emergency Se~'ices Complex, more specifically depicted on Exhibit "A', attached hereto and made a pan hereof, and here:nailer referred to as "Property', for the purpose of holding activities for thc Chamber's annual evenl. 2. The approval of the use of the Proper:>' by the Chamber shall extend from sunnse to sunset February 26 through March 2, 1998. These dates :nclude one ( I ) day for set-up and one (]) day for takc-dov,.n. 3. The Chamber shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of such an event, such responsibility not being limited to trash collect:on and clean.up of thc Property. Board shall not be obhgated or required to :reprove, repair, or maintain the Property or an)' part thereof ~n an)' manner whatsoever. 4. The Chamber shall acquire any and all perm:ts required by Collier County and any other governmental enmy to conduct such an event and related atty,'roes on the Property. The Chamber shall post a Five Hundred and No,'100 Dollars fS$00.00) cash bond v,:th the Colher County Finance Department to insure adequate clean-up of the property at the terminal:on of th:s Limited Use License Agreement. It ~s under~tood and agreed that thfs bond is not intended to replace Chamber's obhgat,on to clean up the Property at the complet:on of its activ:ties under this Lira:ted Use License Agreement. The Finance Department shall return such bond to Chamber if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, allerations, additions or ~mprovements to the Property, the Chamber v,'dl provfd¢ to Board. ~r ~'nting, all proposals and plans for alterations, improvements, changes or additions 1o Iht Properly. The Chamber covenants and agrees in connect,on w~th any maintenance, repair work. erection. construction, improvement, addmon or allerat~on of any authorized modificat:ons, additions or improvements to the Property, to observe and comply with all pre'~nl and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmemal agencies. All alterations, improvements, and addmons to the Property shall, at once, when made or installed, be deemed as atlached to the freehold and to have become the property of Collier County and shall remain for thc benefit of the Count)' at the end of the term set forth in th~s Agreement in as good order and conda:on as they were installed, reasonable wear and tear excepled; provided, however, if Board so directs, the Chamber shail promptly remove the addit:ons. :mprovements. aherat~ons, fixtures and installations which were placed in. or upon the Property by the Chamber, and repair any damage caused to the Property by such removal. Agenda Lte, m NO.~ F E B 2 1998 Pg.._~ 6. The Chamber shall provide and matntaln general liability ms,raaco policy(ies), approved by thc Culh,'r County Risk Manager, t'or nol less than One Mdhon Dollars and No/C'¢nts ($1.C,'OO.(XjO ('K)) combined sm~:l, I,m~ts dunn~ Ihe leto of this Agreement. Thc Cham~r shall al~ ca~ L~quor L~ab,l,ly Insur~cc ~n hm~s ;~o~ less th~ One Million Dollan and N~Ccnts (S1,~,~.~) ~r ~cuncncc. Such insurance ~hcyOcs) shall list Colli~ County u ~ ~difional insured thereon. Evid~cc of such insur~ce shall be provided ~o thc County Risk M~agcr. 3~01 Eu~ T~i~i Trail, Adminis~rlon Building. Naples, Florida. 34112. for a p~or ~o Fcb~a~ 20, !~8; ~d shall include a provision ~ui~ng dvc (S) days prior ~ttcn noucc Co~ty ~o Co~ty ~sk M~g~ in ~c ~mt of c~cllation. 7. This Limited Use License Agreement shall be adrn,nistcrcd on behalf of thc Board by and through thc Colher CounTy Real Property Management D~anmcnt. 8. Thc Ch~nber agrees to hold harmless and defend Collier County, thc Board of County Commissioners of Collier County, Florida and their agents and employees, from any claims, assertion or cause of action for ans Joss, injury or damage Io persons or property arising from or associated with thc Chamber's activities or usc o'f thc Propcr~y. Thc Chamber further agrees to indemnify Collier County and thc Board of County Commissioners of Collier County for any costs, expenses or fees. including attomeys' ices, ~ising from any claims or cause of action for loss, injury or damage to persons or property ~sing from or associated with thc Chamber's activmes or usc of the Property. 9. Thc Chaunber covenants and aD'ecs not to assign this Limited Usc License Agreement or to permit an), other persons to occupy sa. mc without the written consent of Board. 10. Thc Board reserves the right to cancel and'or rcschcdulc any or all of the above-described activities. scheduled for any or all of thc abovc-hsted days. upon 15 days notice to thc Chamber of Board's intent to rcschcdule aaa'or cancel. 11. The Board and Chamber spec~fically agree that thss Agreement represents a license for thc Chamber's use of thc Property and does not convey any eSlate ~n the Property or create any interest whatsoever. ]2. Thc Chamber represents and warrants Io the Board that no haz,~dous materials will bc d~scharged to thc a~r. grounds, seu.-er, or to a septic system on thc Property. 13. Thc Chamber shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated v,'~th or resulting fi.om the holding of shes event. 14. The sale of alcoholic beverages shall be only permitted on thc Property during thc event. 15. This Agreement shall become Cffectsve upon execution by both thc County and the Chamber. 16. Th~s Agreement ,s governed and construed in accordance with thc laws of thc State of Florida. IN' WITN'ESS WHER£OF, thc pantcs hereto have made and executed this Limited Use L~cens¢ Agreement as of thc da)' and )'car firs! above wrmcn. AS TO TH[ CHAMBER: CHAMBER: THE GOLDEN GATE AREA CHAMBER OF COMMERCE, INCORPORATED 'GEORGE DROBINSKI, President AS TO TH~ BOARD: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD: BOARD OF COUNTY COMMISSIONERS COLLIER COUNI~., FLORIDA BY: BARBARA B. BERRY, Ch~irrn~n ' Agencla' I.t~m FEB 2 q 1998 Pose ! of 1 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP ~97-2769 FOR A FULL SERVICE AUCTIONEER AGREEMENT ~.~F~T..~: To obtain the services of an auctioneer to assist the County in the efficient disposal of surplus property. CON$1DERATI0[N_8.: The Purchasing Department requested proposals for an auctioneer to provide comprehensive auctioneer services to include preparation of the auction site, preparation for each event, sale and disposal of all surplus county-owned assets, and the transfer and disposition of all property titles. The sale will be conducted pursuant to Section 274.06, Florida Statute. On December 24, 1997, formal proposal invitations were distributed to 23 auction firms, with proposals being received and opened from two (2) firms. The selection committee met and short listed the firms as follows: 1. First Coast Auction 2. Dietech & Company After the selection committee reviewed the credentials of the proposer's and supporting documentation submitted by each firm and contacted references, it is the selection committee's recommendation to award a contract to First Coast Auction. All items scheduled for the auction will be presented to the Board in an itemized list pdor to each anticipated auction. All items sold, and their realized values will be reported in a subsequent report to the Board. ~: None associated directly with the recommended action. Net proceeds from each auction are credited to the appropriate fund accounts subsequent to each event. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award RFP ~/97-2769 for auctioneer services to First Coast Auction for the disposal of all surplus items, and authorize the Chairman to sign the contract after County Attorney review. Rhonda L. Snell, Buyer Purchasing Department Stepnen Y. Carnell Purchasing/General Services Director ,L, eo E. Ochs, adminis~ator ; Support Services Division EVALUATION RECAP-FINAL RANKING STANDARDS RFP #97-2769 "Full Service Auctioneer" NUMBER OF 1sv NUMBER OF2'~ NUMBER OF 3~ SUM OF PLACE PLACE PLACE RANKING NAME OF FIRMS RANKINGS RANKINGS RANKINGS SCORING FIRM/RANKINGS FIRST SECOND ~.'~',0~ , (~-,-'~. '~,'.~'.-I THIRD FOURTH SelectiOn Committee ChJirman's Signature NOTE: Ranking scoring is determined by multiplying each 1" Place Ranking by 3 points, each 2'~ Place Ranking by 2 points, and each 3'~ Place Ranking by 1 point. The Final Ranking order is determined by the highest to lowest Ranking Scodng totals. EVALUATION MATRIX RFP #97-2769 "Full Service Auctioneer" '?.-, :~ :.: -_. ".:*, EvalUation Criteria D~etch & F,rst Coast GRADING CRITE R;A Company Auction Auction approac~ au~ion fi~. (maximum 20 p~in~sl / / ~ Expenen~ & quali~t;ons of ~o~ ~o~ ~,~. / ~ /3 (maximum 15 points~ Offi~ Iccat~on & respcns~veness ~ COMMITTEE MEMBER'S RANKINGS FIRM Selec-Eon Committee Member's Signature Dated: EVALUATION MATRIX RFP #97-2769 "Full Service Auctioneer" ..... D~etc~ & F~r~t Coast GRADING CRITERLA Company Auction Au~ion acproac~ (maximum 30 points/ ~ ~nen~ & qual~hons of Rates Sh~ ~r~ntage of sales fo~ various (max~mum 15 Doints~ ~ Offi~ Io~t~on & respons,veness COMMITTEE MEMBER'S RANKINGS FIRM Dated: ~e~ction Commi/~Mem~ Signature 1998 EVALUATION MATRIX RFP #97-2769 "Full Service Auctioneer" ". Evaluation Criteria D~etch & First Coas! GRADING CRITERIA Company Auction Auction apProac~ (maximum ~0 mi.ts) '/.- Ex~enence & qualifications of luction finn, (maximum 20 Experience & qualh~cation$ of employees., (maximum 20 Rates show percentage of sales for various ~tema. (maximum IS point) / Office location & responsiveness COMMITTEE MEMBER'S RANKINGS FIRM FOURTH'* Selection Committee Member's S'i'gnat~r¢/ EVALUATION MATRIX RFP #97-2769 "Full Service Auctioneer" GRADING CRITERIA Coral:any Auc:~on (maximum 30 points} [u~ion firm. (maximum 20 pointsl ExF. enence & Clualdicat~on$ of for vanous items. (mazi.~.um 15 ~oin',sl "~ Of~C~ Ioc~tiOtl & responsweness Selection Committee Member's Signature i-- AG£1',IOA LT£ ~'- FEB 2 q 1998 EVALUATION MATRIX RFP #97-2769 "Full Service Auctioneer" ! D~ICI~ & F~rSt Oils! I GRADING CRITERIA Company Auction I Au~n al~roic~ , au~on fi~. (maximum 20 ~s sh~ ~ge of s3 es for vinOuS ~s. (mixture 15 ~ims) [ ~ " COMMITTEE MEMBER'S RANKINGS FIRM ~;~_~e,-~.-~P_ ~n~.~'~f~,~_~'.~'.' ~-~.~.<~,~'.~-,-.'-* ~., ..... ~- ~ ..... ~ .... .' x '- -, ..... ,- · ....... ~ ~..~ ; . ~'.'. ' c. '~.' ~"~.-., ~:-~?~:'~::.~ .~.';=-.7 ':~.~-.:~ ;~. -~ ~'.'~'~*,: ?;"*. '~;'~ ~~" x ..... -~~2~'" - ~?'~ ' '~?-~ ~ '-:~ ...... ' .....· .... · ..... '*'" '"'~' '-~'"*"' ~;'~'" ~,,,~ - . - ~~~. . ~. ~.~'~ .... . ~..~:.,,.: ~.,..: ~.~-, .... ..~.. _~=.~,~ ~.-~..~=~.. ,.~: . ~ -.-~ -. ...~ .........~.~- ... - .- ..=.... v~. - .....~-~..- ..... · ....f .... -.~._. ..... . .... . ....... , ..... , ~,.~_-~. .~=.V'~. ..'.?. ..:- . .~ .. · ' ' ~ .. · '. ". 'X.~.~ ~'~ ~,~"7.~:'~.'.~:::.~;:~'' '~ ~ele~tion C~mmittee. Member's Signature AUTHORIZATION TO EXECUTE 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 OKIECTIVE: Recommendation that the Board of County Commissioners authorize the Chairman to execute 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 CONSIDERATIONS: The Board of Count)' Commissioners authorized the filing of Liens, for the purpose of receiving compensation for nuisance abatement on the real property described as follows: SEE 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 under said Liens. Collier County has verified that said Liens have been satisfied and nov,' requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the Public Records of Collier County, Florida. FISCAL IMPACT: The appropriate recording fees are charged to the MSTD General Fund - Code Enforcement Admin. (I 11-138911). GROWTH MANAGEMENT IMPACT: None 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 Count,.'. Florida. ' Prepared by: ~ot~,,x Para Callis. Revenue Supep,'isor Re,,'~..e Services Department Reviewed by: Ter"esa ^. Riesen. M--inager Revenue Sen'ices D~ent J °~tn~ .-Yo'nk o sky.l~rect or Reve,n~.~ e S ervi c e_~I2e~,~t Leo Ochs, Jr., A~mi~strator Support Services Di('ision "3 Date: ,7 - / ) -/'.K Date: Date: pc:pc 1998 EXHIBIT "A' 1. WILLIAM D. ROBERTS, FOLIO # 00122240007, SECTION 4, TOWNSHIP 47 RANGE 29 EAST 2. JOSEPH CLEMENTE , FOLIO # 62650960004, LOT 23, BLOCK 41, NAPLES PARK, UNIT 3. NIVARDO MA.RTINEZ, FOLIO # $7747040004, LOT 13, BLOCK 294, MARCO BEACH UNIT EIGHT NIVARDO MARTINEZ FOLIO #$774704000,4, LOT 13 BLOCK 294, MARCO BEACH UNIT EIGHT 5. NYV~O MARTINEZ, FOLIO #57747040004, LOT 13, BLOCK 294, MARCO BEACH UNIT EIGHT 6. BENITO F./LECIO, FOLIO #566?9850003, LOT 24, BLOCK 31, MARCO BEACH IJNIT ONE 7. BENqTO F. RECIO, FOLIO #56679880003, LOT 2,~, BLOCK 31, MARCO BEACH UNIT ONE 8. BEN]TO F. KECIO, FOLIO #'.,6679880003, LOT 24. BLOCK 31, MARCO BEACH UNqT ONE 9. SIkAS BACON, FOLIO; 6693065000, LOT 20. PINE GROVE SUBDIVISON OF IMMOKALEE 10. bi.AR/ON KOZIOL. FOLIO # 57672080003. LOT 17, BLOCK 207, MARCO BEACH U2xqT SEVEN 11. CRAIG L. MEFFERT, TRUSTEE OF V,'ILKINSON - MEFFERT CONSTRUCTION, FOLIO # 35761320007, LOTS 8, 9. AND 10, BLOCK a0. LrNIT 2 PART, GOLDEN GATE 12. CRAIG L. MEFFERT. TRUSTEE OF ~,~,qLKIN'SON - MEFFERT CONSTRUCTION, FOLIO #3576120004, LOT 5, BLOCK 40, UNIT 2 PART, GOLDEN GATE 13. WILKrNSON - MEFFERT CONSTRUCTION CO., INC., FOLIO #3576120004, LOT 5, BLOCK 40, UN-IT 2, PART GOLDEN GATE 14. WILKINSON - MEFFERT CONSTRUCTION CO., INC, FOLIO #35761360009, LOT 9, BLOCK UNIT 2, PART GOLDEN GATE 15. WILKINSON - MEFFERT CONSTRUCTION CO., INC, FOLIO #3576120004, LOT 5, BLOCK 40, UNIT 2, PART GOLDEN GATE 16. WILKINSON - MEFFERT CONSTRUCTION CO., INC, FOLIO #35761360009, LOT 9, BLOCK 40, UNIT 2 ,PART GOLDEN GATE 17. WILKINSON - MEFFERT CONSTRUCTION CO., INC, FOLIO #35761400008, LOT 10, BLOCK 40, UNIT 2, PART GOLDEN GATE 18. WILICINSON - MEFFERT CONSTRUCTION CO., I'NC, FOLIO #35761400008, LOT 10, BLOCK 40, UNIT 2 ,PART GOLDEN GATE 19. WILY-J'NSON - MEFFERT CONSTRUCTION CO., I'NC, FOLIO #35761080004, LOT 2, BLOCK 40, UNTT 2, PART GOLDEN GATE 20. WILK.iNSON - MEFFERT CONSTRUCTION CO., I'NC, FOLIO #35761160005, LOT 4, BLOCK 40, UN'IT 2 ,PART GOLDEN GATE 21. WILK.I,~SON - MEFFERT CONSTRUCTION CO., INC, FOLIO #35761080004, LOT 2, BLOCK 40, U:"NTI' 2, PART GOLDEN GATE 22. ,MARION KOZIOL, FOLIO # 57672080003, LOT 17 BLOCK 207, OF MARCO BEACH UNIT SEVEN 23. JOSE A. SALAVERRiA , FOLIO # 57991240003, LOT 23, BLOCK 782, IvLARCO BEACH UN'IT ELEVEN 24. CHARLES E DUQUET. FOLIO ~: .~7191440001. LOT 11, BLOCK 88, MARCO BEACH UN'IT FIVE 25. ANTONIO NLa, RULA.N'D, FOLIO # 82536080004. LOT 156, WILLOUGBY ACRES 26. GI'USEPPE DONOFRIO, FOLIO # 57741960009, LOT 12. BLOCK 285, ,',&ARCO BEACH UN'IT EIGHT 27. \TNCENT SOLD, Il'NE. FOLIO -- .~-191250009. LOT 7. BLOCK 88. MARCO BEACH L~'IT FD,'E 28. HE1L~.L&N SCH'b.'?xL-XCHER. FOLIO ~' 3643040000S. LOT 10. BLOCK 230. U.-NIT 7 PART GOLDEN GATE 29. ER. ENSTO LARI:LARTE. FOLIO e 57745960005. LOT 2 BLOCK 293. MARCO EACH U.'NIT EIGHT 30. ERENSTO LAKRARTE. FOLIO ~: 577.:5960005. LOT 2 BLOCK 293, ,MARCO EACH L~"IT EIGHT 31. MIRANDA MELENDEZ. FOLIO -~ 36371040006, LOT 26. BLOCK 181, L.,'NST 6. PART 1, GOLDEN GATE CITY SUBDIVISION 32. VINCENT SOLIMINE, FOLIO ~ 58040640003. LOT 14, BLOCK 375, MARCO BEACH UNqT TWELVE 33. JOSEPH CLEMENTE, FOLIO # 62650960004, LOT 23, BLOCK41, NAPLES PARK, UNIT 3 34. JOSEPit CLEMENTE, FOLIO # 62650960004, LOT 23, BLOCK41, NAPLES PARK, UNIT 3 35. SILAS BACON, FOLIO # 66930720009, LOT 21, SECTION 9, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE 36. 37. EDWARD ROLQUIN, FOLIO # 7912040003. LOTS 20 AND 21, BLOCK "A" VANDERBILT BEACH CENTER MITSU SHItL~HA.XL~,, FOLIO # 56807800004, LOT 26, BLOCK 7b, MARCO BEACH UNI_~ T~.E ) FEB 2 1998 T 38. GEORGES VEKBERT EST. FOLIO # 59026160001, LOT 19, BLOCK 789, UNIT 25, MARCO BEACH 39. NIVARDO MARTTNEZ, FOLIO # 57747040004, LOT 13, BLOCK 294, MARCO BEACH UNIT EIGHT 40. NIVARDO MARTrNEZ, FOLIO # 577470~00Oa, LOT 13, BLOCK 294, MARCO BEACH UN'IT EIGHT 41. NIVARDO MARTINEZ, FOLIO # 57747040004, LOT 13, BLOCK 294, MARCO BEACH UNIT EIGHT 42. THOMAS D SAYLOR, FOLIO # 62571280009, LOT 47 AND 48 , BLOCKI7, NAPLES PARK, UNIT TWO 43. KEVIN D FITZGERALD, FOLIO # 35988920002. LOT !, BLOCK 89, GOLDEN GATE, UN'IT NO. THREE 44. KEVIN D FITZGERALD, FOLIO a 35988920002. LOT I. BLOCK 89, GOLDEN GATE, UNIT NO. THREE 45. CLAUDE E SCHOLLAERT. FOLIO a 57208200008. LOT 25. BLOCK 167, UNIT 5 MARCO BEACH 46. CLAUDE E SCHOLLAERT. FOLIO ~ 57208200008. LOT 25. BLOCK 167, U.~IT 5 MARCO BEACH 47. CLAUDE E SCHOLLAERT. FOLIO ~ 57208200008. LOT 25. BLOCK 167. U,~IT 5 MARCO BEACH 48. JESUS E RODRIGUEZ. FOLIO = 56679560006. LOT 16, BLOCK 31. L.~IT I MARCO BEACH 49. OTHON FRIAS DAVILA. FOLIO # 56945520000. LOT 25. BLOCK 132. L.~IT FOUR MARCO BEACH 50. GEORGES VERBERT EST. FOLIO # 59026200000. LOT 20, BLOCK 789, lv~IT 25 MARCO BEACH 51. PHILLIP PIERRE & MATTHEW HENDKICK. FOLIO # 36384400002, LOT 13. BLOCK 223.UN'IT 6. PART I, GOLDEN GATE 52. EKIC M REISH'US. FOLIO # 57734640006, LOT 26, BLOCK 277, UNIT 8 MARCO BEACH 53. ADELA MIAZGA, FOLIO ~ 56803520003. LOT 19. BLOCK 66. UNIT 2 MARCO BEACH 54. ANGEL BLANCO III. FOLIO # 57381320009. LOT 25, BLOCK 246, UNIT 6 MARCO BEACH 55. ERIC A MANDELL, FOLIO #52852760009. LOT 2. BLOCK H KINGS LAKE ,UNIT NO. 1 56. AUSLANDDISCHE CAPITOLIS, FOLIO # 62411360005, LOT 32. BLOCK 3, L~IT 1, NAPLES PARK 57. THOMAS J LISKA. FOLIO a 57860200006. LOT 8. BLOCK 333. U.~IT 10. MARCO BEA~'H ~,c~),. I'r£M 58. CRAIG L. MEFFERT, FOLIO # 35761160005, LOT 4, BLOCK 40, UNIT 2 GOLDEN GATE 59. WILKINSON- MEFFERT, FOLIO # 35761320007, LOT 8, BLOCK 40, UNIT 2 GOLDEN GATE 60. WILKINSON- MEFFERT, FOLIO # 35761320007, LOT 8, BLOCK 40 .UNIT 2 GOLDEN GATE 61. WILKINSON- MEFFERT, FOLIO # 35761320007, LOT 9, BLOCK 40 ,UNIT 2 GOLDEN GATE 62. EUESTOLIO LEAL, FOLIO # 57750200006, LOT 4, BLOCK 298, UNIT 8 MARCO BEACH 63. WILLIAM D. ROBERTS, FOLIO # 00122240007, SECTION 4, TOWNSHIP 47 RANGE 29 EAST AGENDA .iTEM No. /~> 3' FEB 2 1998 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY PROPERTY AS OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction which is scheduled for Saturday, March 21, 1998. CONSIDERATIONS: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately 125 Lots that will be auctioned, of which there are 33 fleet vehicles, 4 ambulances and several pieces of heavy equipment. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the March 21, 1998 auction date, staff is requesting permission to dispose of additional non-asset surplus items that may be received subsequent to the preparation of this Executive Summary at the March auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION:That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list. PREPARED BY: REVIEWED BY: REVIEWED BY: ,? Gwen Butler, Senior Buyer Purchasing Department Steve Carnell,'CSM, Director Purchasing/General Services Dept. ~ OchS,'j~ ~' Leo E. r., Administrator Support Services Division DATE: '7...- II-~ <g - i DATE: -. :' 1998 SURPLUS PROPERTY - INVENTORY ITEM FUND ITEM DESCRIPTION/SERIAL If ASSET If FROM I 910 Cannon Copier 900847 Dev Sen/Ices Co Admin O 2 910 Executive Chalr~ Blue fabric various 3" 910 Chairs~ Misc 5 WVVCOIlectl 5 408 ~ound Table 4' cliameter W W Collecti 7 408 DeSk~ Wood 5' x 30 W W Collectl 8 408 Credenza~ Wood 70 x 19" W W Collecti 10 408 Desk~ Black Metal 5' x 30' various 12 ** 408 Keyboards 890872 Wastewater' 13 408 MaCala Maintenance Software g20525 S Wastewate, 14 408 Toshiba Strata Phone System with phones 930174 S Wastewate,, 15 408 AST Computer various 16 °* 910 (4) Digital Monitors 2-320 2-420 ~17 ~]10 Olympia startype Typewriter 85426 Transportatl Parks & Rec i8 910 DiCtaphone 891171 MIS ..... 19 910 88199 Rose Master Switch MIS 20 910 Global Data Switch MIS _21 910 video Terminal Stand MIS 22 910 Hand Truck Platform OCPM 23 910 Stacking Chairs wastewater' 25 408 odor Control system various 27 910 Misc items Trays, thermal binding covers etc 28 910 Mitac 386 computer~ keyboardt Mouse Natural ResO State At'torn 29 910 Table Rectangular Various 30 910 Computer Arms 3! 910 Okidata printers (7) 881199 Prop AppraF, 32 910 IBM Selectric Typewriter 82001 Prop Apprai~,. 33 910 386 PC w/Keyboard 900874 Prop Apprai,, 34 910 386 SL PC Monitor, Keyboard NO Power Supply MIS 35 910 printer Ribbons FaC Mgmt Planning Svs - 36 910 LATS Companion Printer Co M,gr 37 910 Coffee table 4 x 2 wood Co Mgr ~ 38 910 IBM Typewriter ~39 910 Typing table C Mc, Ir 40 910 Wood side chair~ tan cloth Co Mgr . Zll 910 Printing Calculator 7383 Facilities ~2 910 Microfiche Reader RiSk Mgmt -~3 910 DiSasse mbled"t~ble/desk RiSk Mgmt 44 910 HP Laser Jet Printer 88414 Risk M~mt -~5 910 13 TDX Phones, 2 old style phones, I console Parks & Rec '46 910 Phone Routin~i Center~ 2 pcs Parks & Rec 47 408 Bag, Document, Leather Dot --~3 408 FOlding tablest 2 S foot, 1 6 foot 1-12' wastewater 49 910 2 Cornerstone monitors Prop Appr 50 910 Decollator 5876/820966 Prop Appr 51 9i0 Chair~ gray w/arms 87251 Prop Appr -~2 910 Chair, gray w/arms 87264 Ih'OD Appr -~3 910 (3) 2 drawer Sx7 files Prop Appr ~4 910 High speed document scanner w/parts 940658 l~op Appr 95F149 Fleet Mgmt 55 910 McClane Edgier 56 910 Sarlo Mower 94Fl12 Fleet M~lmt 57 910 McClane Reel Mower 93~O74 Fleet M~irnt 58 910 Gas blower 887 -~---,~- ~,~- FEB 2 1998 59 910 Hoffman wheel balancer 910639 ~ t 60 910 MuO~ 940039 ~ F 61 910 ~ir blower (gas) 92F22 ~ 62 910 Stihl MaC, hUm II chainsaw 891152 Fleet Mc~mt 63 910 Coats tire machine 910641 Fleet Mgmt 64 910 J.D. Mower 891521 Fleet Mgmt 65 910 John Deere weedeater Fleet Mgmt 66 910 EChO weedeater Fleet Mgmt 67"' 910 Echo Spray pump Fleet Mgmt 68 910 Lincoln arc welder Fleet Mgmt 69 910 Monitorr Macintosh 921115 Pelican Bay 70 910 Monitor Macintosh Pelican Bay 71 910 Monitor Macintosh Pelican Bay 72 910 keyboards (3) Various t~pes Pelican Bay 73 910 MaChintosh II computer system 00910504 Pelican Bay 74 910 Typewriters Quanti~ of 2 DeR 7~.5 910 State Statute Books DeR 76 146 1974 FOrd F750 Fire Truck, 500 Gal. - C75FVU87281 M: 36,450 700OEV Ochopee Fir NOt Running - Needs engine overhaul 7--7 522 1991 Ford Easo Ambulance, Serial ~. 1FDKEa0M6MHB03649, 920002 Fleet Mgmt M:149~9101 116 -~8 522 1991 FOrd Eas0 Ambulance, Serial ~ 1FKDEa0M7MHB03644, M: 920(X:)6 FleetMgmt 179,740, ,/11 79 522 1991 Ford E350 Ambulance, Serial ~1FDKEa0MIMHB03641, 920007 Fleet Mgmt M:162~340r #6 80 522 1993 Ford E350 Ambulance nNrecked, no engine), Serial ~ 9400O5 Fleet Mgmt 1FDKE30M0PHB88010, ~2f M: 94~400 81 910 Snapper Riding Mower ~ 82 001 1986 Cushman Truckster - Serial #1CUMN2227GL005567 (NOt 862103 parks running) 83 408 1986 Eag~;' Beaver Trailer. Serial ~11200D306GT090303 86247 water Distri 84 OO1 1986 SnOwed Trailer, Serial ~00564 862105 Parks & Rec 85 001 1987 Tropical 21 ft. Utility Trailer, Serial ~ FLBG06621060587CC 871499 Parks & Rec 86 408 1987 JCB Loader/Backhoe, Serial ~ 322508 87450 Water Distri 87 146 1987 GMC Jimmy, Serial ~lCKEV18HOHHF521868, Mileage: 164,530, 87862 Ochopee Fir Nor Running - Engine fire 88 408 1987 Ford FIS0 4WD/UtiliL'Y BOCly, Serial iIFTEF14YSHNA22908. 910513 PBWWTF Mileage: 97~690 89 ~01 1989 BUSh-Hog 7 ft. mower deck, Serial ~11-O7791 890763 ROad & Brid~ 90 408 1989 chevrolet s-10 P~ckup Truck, Serial ~lGCCS14Z4K2210758, 890029 SO. Reg. Wet Mileage: 107~890 91 408 1989 Chevrolet S-10 P~CkUD Truck. Serial ~lGCCS14ZOIK2204240, 890030 WW Collecti Mileage: 71:180 ~--~2 522 1989 Chevrolet S-10 Blazer. Serial ~1GNCT18ZaK8216417, 890042 Fleet Mgmt Mileage: 70.500 93 408 1989 Chevrolet S-10 B~azer. Ser,al ~ 1GNCTISZ9K8213635, 890043 WW Collecti Mileage: 74,200 94 408 1989 Chevrolet R3500 Flat,led Truck. Serial ~1GBJR341CXKJ104200 890056 WW Collecti Mileage: 58,260 95 522 1990 chevrolet C,lvalier 2-Door Coupe, Serial 900007 Fleet Mgmt ,/1G1JC14G2LJ224449: Mileage: 57f350 96 1990 Dodge Caravan, Serial ~2BTFKl139LR550889, Mileage: 900358 Tax Collector 100,685 97 522 1991 Chevrolet Cavalier 4-Door Sedan, Serial 910006 Fleet Mgmt #lG1JC54G4MJ170595~ Mileage: 57,260 FE F~ -12 ~8[THLI ]0 51 FAC NGNTIPLRCH TEL ]-941-'93-3'95 POOl 9B 5~2 1991 Cnevl'olet 5-10 pickup TrucK, Serial I1GCCS14A6M8220203, 910007 Fleet Mgmt Milea~ie: 52,500 99 s22 1991 Chevrolet 5-10 Pickup Truck, Sertal IlC..~CS14A7M8220047, 910008 Fleet Mgrnt Mllea~e: 100 522 1991 Chevrolet C3valler A-Door ~eOan, serial 910010 Reet Mgmt tlClJC54GTMJl?1871, Mileage: S8~500 101 5:22 19~1 Chevrolet: Cavalier ~-ooor sedate, Serial 910011 Reel: Mgrnt [I1G1JCS4GSMJ168879~ Mileage: 77,670 102 522 1991 chevrolet Cavalier 4-Door setlan, serl~l' 910012 Fleet Mgmt tl(:;1JC54G.gMJ166641, Mlle3ge: 78,O'JO . 103 001 1~86 JacoOsen 72' Rotary Ricling Mower 86~94 Patios & 104 522 1991 CheVrolet COrslCa-4-Door t~ltc/lback, ~Wial 910021 Fleet Mgrnt ,~ 1G1LT63T2ME1311~3, M ile~lge: 105 522 1991 ¢inevn~let $-10 8Jazer 2WDi sertal t 1GNCS13ZTM~253194, 91(~034 F~eet Mgrnt Mileage: 54,600 106 522 1991 Chevrolet G-20 Cargo Van, Serial f2GCEG25Z41V~112751, 910036 Reel; Mgmt Mileage: "107 52~ 1991 Cllevroiet G.10 C~rgo Van, Serial t2GCCGlSZ6M4112977, 910038 Fleet Mgmt Milea~. e: 89,600 "108 408 1991 Chevrolet C2500/UtJli~y Bo~;y, Serial I1GBGC~4KgME148206, 910045 NClL~NTF Mileage: 101~000 109 408 1991 Chevrolel; C2$00/U~lllty Body/Crane, Serial 910046 $CRWW'rF /1GBGC24KEMElS8854~ Mileage: 110 1991 C.13evrolet Cor31ca 4-Door Sedan. Serial I S10055 ProOerW Ap 1G1LTSSG3MEl~3279, Milea~le: 111 1991 Chevrolet corsica 4-DOOr Sedan, Serial i ~10054 Property 1G1 LT53GOMY166500~ Mileage: 34,410 112 109 1991 ooclge Ram 150. senal t lgTNM15YgMS162636, 910510 P~$D MHea~le: 70,760 11~ 1991 Dodge Caravan, Serial t 284GKSSRgMR165373, TaX Mileage: 68~340 '114 408 1992 Chevrolet C~500/UtlIIW Bo(~y, Serial/1GBGC'2'.I~SNE~52573, 920012 ~ Coliecti Mileage: 119,420 115 408 1992 c~evro~et c2500/U~il~ty DOQy, Serial tqGBGC24K6NEq63585 920013' W~N COllecti Mileage: 116 408 1992 chevrolet C2500/UtlIJW ilo~¥/i:rane, Serial i 92001~ WW Coltecti 1CBGC241(X~162598, Mileage: 114,33.0 1i 7 109 1992 chevrole~ ~10 Pickup Truck, Serial ~ 1G£CS14Z2N8198921, 930002 PBSC Mileage: 83~970 118 522 1993 chrvrolet S-1G plc)cup TruCk, Serial ~ 1GCCS14ATP8169573. 930010 Fleet Mgmt Mileage: 53,730 119 S22 199:3 Chevrolet C1~30 Picl(uD TnJck, Serial ~ 1GCDC14ZSP£166495; 930014 Fleet Mgnlt Mileage: 106~690 .. 12~ 522 ~ 993 Chevrolet: 5-10 Picl(up TruCl< 4WD, Serial t 930039 Fleet Mgmt 1GCCT14ZOI~8195340~ Mileage: 88,7~0 121 522 1993 Chevrolet S-10 PI¢I<uD TruCk dWD, Serial I 93OO4O Fleet Mgmt 1GCCT14ZOP8195767~.Mllea~e: 93,670 122 522 1993 Cnevromt ClSO0 Pickup TruCk, Senal t 1GCDC14ZSPE214194, 930044 Fleet Mgmt Mileage: 77,890 ~23 522 1993 Dodge Ram 150 Pickup Truck, Serial ~ 187GE16XSPS238686, 9S0054 Fleet Mgrnt Mileage: 68~500 ,~25 101 1995 Lan0 Pri0e 7 feet Mower Deck, Serial t 787.~I 930285 ROa(~ & Bridg No. /U ~/, u~. FEB 2, L9.9 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID 98-2756 FOR JANITORIAL SUPPLIES ~ To award a two-year term contract for the purchase of janitorial ~pplies for outlying departments that are not included in the janitorial ~,a'vi~ contract. CONSIDERATIONS: On January 6, 1998 the Purchasing Department published and distributed bid packages for janitorial supplies to 42 vendors. The bid opening was held on February 4, 1998 and eight (8) bids were received and opened. A bid tabulation is attached for your review. Bidders were to bid on at least 75% of the 102 janitorial items in order to qualify for award on a primary/secondary vendor basis. Only one vendor was fully responsive to this requirement, however a review of the tab sheets indicated a nearly even split of low bid items between two of the bidders. Additionally, several low bid items that were not bid by the two major bidders were bid by secondary bidders. It was determined to be in the best interest of the County to designate two primary and two secondary vendors based on the bid responses. Pyramid II is a primary vendor for the following: Items I through 5, 11, 14, 20, 26 and 27, 31, 36, 41, 43, 44, 46 through 48, 51 through 53, 57, 59, 62 through 64, 66 through 69, 72 and 73, 76, 82, 83, 85, 86, 88, 97, 99, 101,103, 105, 108, 109, 111 and 112. Dade Paper Co. is a primary vendor for the following: Items 8 through 10, 12 and 13, 15 through 19, 21 through 23, 28 through 30, 32, 34, 35, 37 through 40, 42, 49, 50, 54 through 56, 58, 60, 61, 65, 70, 71, 74, 75, 77 through 79, 81, 87, 89 through 93, 95, 96, 100, 104, 106 and 107. Enviro-Chemical is a secondary supplier and low bidder for the following: Items 6 and 7, 33, 80, 84, and 94. Direct Supplies is a secondary supplier and low bidder for the following: Items 24, 45, 98, 102 and 110. FISCAL IMPACT: It is estimated that approximately $46,000 will be spent over the next 12 months under this contract. Funds are appropriated in the operating budgets of the respective using agencies. (~ROWTH MANA01~MENT IMPACT: None Executive Summary for Bid # 98-2756 Janitorial Supplies Page 2 RECOMMENDATION: That the Board of County Commissioners award Bid # 98-2756 for Janitorial Supplies as shown hm'ein. PKEPAKED BY: REVIEWED BY: REVIEWED BY: Ke~ey W~, B~yer II Pffxchasing Department st~ve~e,~en', cslvi Purchasing/General Services Director Leo E. Ochs, Jr. / Support Services Administrator DATE: FEB 2 ~1998 Ali Departmenu/Bidders Kelsey Ward, Buyer II, Purchasing February 12, 1998 Bid # 98-2756 "Janitorial Supplies" Because of the various packaging options quoted by bidders on the above referenced bid, the ~ab sheets alone are not a good base for price comparison. In order to m~e the process simpler I have made a bid award spreadsheet which reflects the Pdmao' Awardees ([~Tarrlid II and Dade Paper Co.) a~ well as the Secondary Awardees (Dizect Supplies and Envizo-Chemical). Should you requLre further information, please call me at (941) 774-8425. Thank you. ~ k B 2 ~ 1998 __ ?.__ - bneetl Pyramid II Dade PaperCo. Envlro-Chemical Direct Supplies I $ 42.24 2 S 18.72 3 $ 4.25 4 $ 8.00 5 $ 1.91 6 $ 22.95 7 included in item 6 8 $ 9.60 9 $ 15.21 10i $ 9.48 111 $ 25.40 12! $ 7.03 13: $ 15.90 14 $ 18.07 15 $ 11.30 16: $ 7.98 17 $ 0.7O 18i $ 5.13 19 $ 5,58 2O $ 24.00 21 $ 26.25 22 $ 1.20 23 $ 2.50 24 $ 6,41 25 $ 5.18 26 $ 10.00 27 $ 9.00 28 $ 3.00 29 $ 2.83 30 $ 1.88 31 $ 8.00 32 $ 3.00 33 $ 43.95 34 $ 36.35 35j $ 0.70 36 $ 15.60 37 $ 11.95 38 $ 10.70 39 $ 13.36 40 $ 16.95 41 $ 22.80 42 $ 16.55 43 $ 35.32 44 $ 47.48 45 $ 43.00 46 $ 23.88 47 $ 1.43 48 $ 5.70 Page 1 FEB 2 1998 Sheet1 49 $ 10.06 50 $ 17.71 51 $ 23.76 52 $ 15.50 53 $ 7.50 54 $ 15.35 55 $ 14.40 56, $ 14,40 57 $ 18.60 58 $ 14.40 59 $ 31.80 60 $ 34.70 61 $ 19.56 62 $ 21.48 63 $ 40.80 64 $ 4.65 65 $ 48.35 66 $ 33.87 67 $ 34,57 68 $ 30.00 69 $ 53.55 701 $ 28.07 71 $ 3,5O 72 $ 29.74 73 $ 18.88 74 $ 14.17 75 S 12.26 76 $ 23.69 77 $ 14.17 78 $ 12.26 79 $ 25,07 8O _ $ 31.40 81 $ 32.15 82 $ 25.75 83 $ 38.67 84' $ 49.70 85 $ 14.50 86 $ 14.60 87 $ 18.84 88 $ 39.86 891 $ 0.20 90 $ 0.32 91 $ 0.47 92 $ 17.25 93 $ 7.98 94 $ 38.45 - 95 $ 22.42 96j $ 5.35 97 $ 59.64 Page 2 Sheet1 98 $ 4.60 99 $ 3.40 100, $ 11.27 101 $ 1.42 102 $ 6.39 103 $ 42.60 104 $ 1.61 105 $ 22.34 106 $ 12.36 107 '$ 1.32 108 $ 4.50 109 $ 35.60 110 $ 6.62 111 $ 1.95 112 $ 1.75 Page 3 1,998 TABULATION FOP, BID #9~-2756 "Janitorial Supplies" INVITATIONS SENT TO: 24 Vendors POSTING DATE: I-6-98 OPENING DATE: 2-4-98 Automotive Produc~ 1. Vinyl Protector, Quart Size Unh Cost per case To~ Cost x 4 What lot 6o you package in? ~ quam/case Produc~ and manufacturrr quoted S S '~ S 2. Wash & Wax-Auto Concentrate Gallon Size Unit Cost per case Tot~ Cost x 2 g Wha~ lot do you package in? ~ gals/case Product and ma.nufacru:er quoted 3. Oil Spill Absorbent 40lb bags Unit Cost per case Total Cost x 40 Product and manufacturer quoted s s s ~ ~6,~. ~0 s 4. Truck Brush, Acri]lo Bristle, 2 '/:" Trim Unit Cost per each Total Cost x '/2 Product and manufacturer quoted s s s [,.~o~ .qo s 5. Truck Brush Handle, 60", Threaded Metal Tip '... Unit Cost .. : ~.. per each . $ . _.Gq,.,~c~ S Total Cos: . x 96 S ,~. ~1 q S Product and manufacturer quoted C~ns and Llue'rs Garbage Cans, Plastic, 45 gallon, Forest . Produc~ and manufacturer quoted "' ""; I~ttl ." '. -~; .- - '. $ $ S S S S S S :' 8. Liners, Trash Can, Disposable, Total ~ x 30 ~2m kx & you package in? @ count/case Product and manufacturer quoted 9. Liners, Trash Can, DLspo~ble, 55 gal, color:. Silver, !.? Mil Webster Plal. Plus (Pla-60-90) or equivalent Unit Cost per cate Total Cost x 903 What lot do you package in? ~ count/case Product and manufacturer quoted 10. Liners, Trash Can, DiZi~s~bl¢, 55 gal Extra Heavy Duty Webster Gold Linc (BXPI-60) or equivalent Unit Cost per case Total Cost x 21 What lot do you package in? ~ count/case Product and manufacturer quoted ! I. Liners, Trash Can, Disposable, 16-20 gallon Bro,,cn or Black, I Mil, Industrial Streng:h Unit Cost per case Total Cost . . · -x 20 ~'nat lot do you package in? {~ count/case Product and manufacturer quptcd s 1¥7-co s ,,q,~qc' s i~.--l~ s {~ sc. s ~;:r,.~-' s ~c~ ~ I oo 12. Lin.ers, Trash Can, D' _~x~lc, 45-55 . . gaIlon Brown or Black, Heavy Duty, "' : " I II/ ' UnitCo~ "~cmc S ~'~ ' S _'~. ~ S'/ _ _~ S. To~]~ ,:. '.cx~4 . S q~g~O S ~' S Ib~,'~ S. ~ loc do you pac~i~ ~ & co~,~' ~ t ~O_ _ ~ ~ _ ,- ~'".L?]:~'.~; ,~'.~' : ... · ..... - . ..... ,.. .... u,;:~X~ ~.~.:~'.:.'.~, ., ~.. . . . . . . 1]. L~ T~ C~,~ble~ 55 ~'y';'~;~. jc~?j""_:: ::.'~'" ' :7 ,'-' - ·, ' ' .... '.' '. .... , .~, :.~',.'.' 45~-' ~-' '~ '..~,' 'r ' ' .. " . ' . " · ..... ga~ 17mic, cle~Hea~-'..~'-~'d/::?'":'.'. -'(/ '~ ".~', .':- . '-",' ' ' :'..' .-'.'~ ' -.' .~~:~o,~s~(~,~'~~':,''.,, ~~ ~~'~'::' .~ .~ _', .:7...-.-~'--:-"~~,, ::..j;~' :.' ' I W · · ~,..'~. · ~..~..e~ ~ '~"' ' ' X~ ~ ' ~"'q~ ' ~'""~'~..~~f~3~V'~' ' '~ "~ ' ' · ;. ' ' .'~:7., ,~t~;~C'? '~.",',':?~~~': ? "~".'- "-.' ' ' ' . :.: ,'~--~' ' : ~ '; · ' '. t,:.. ' .. . .'. -~ .~ :..-... .: ,~,_.., ~. - ., , , ,.. ,~ · . , ..~ . . , · .. .-. . .,. . . - . 't~ ~,,-, ;-. . .::~'.~, _ · . · ~.- '~ .., :( -' . .: .. : ~ ..,.'....- .,.-- ;..- .~ . : '.; ?~::~. ~', ,'~"7.~'.C '~:. ~,~. ': ..... . ','.,..'.,.~.,-',.'.'. ~;.'~. ~.'.; .,~'-'.~. -; ~j~, ~,~,, , ~'~"'-' ~;~';*'~ ' -' ' ~ ~'" ' ' P' ''" ' ' ' "' ''~ ~ ~ '" "-~ ' ' ' ~ m ' - ~ '~ ~' ,. · ' ~ , ..~.~, ¢' ~ -~ . r: .~, ~ ..... · .... . ,' ~*..,. . .., .,-, ...;~.~., . , . ..w...,..,, ...*~.~ .a. , . ,~ . . ...... ............ ... . .......~ ~. ,. .~..~r, · ... .....,:.. ..,.......... / 14. Linen, Trash Ca~, Disposable, 33 gal .63 mil, 23x10x39 Mobil PL-4030 No Substitute Unit Co~ per case Total Cost x 24 What lot do you package in? ~ count/case 19- '- s I$. Ba~s, infectious Wa.s'te, Red, 33 gal 13 mil Unit Cos~ per c~e Total Co~ x 14 Wh~ lot do you package in.'? (~ count/case Produ~ and m~nufactu, rer quoted $ $ 16. Ba~, Infectious Waste, Red, 10 gal 1.5 mil Unit Cos~ per case Toul Cos~ x 20 What lot do you package in? ~ count/case Produc-x and manufacturer quoced s Icgq~-- s 'D~q.e° Cleanin~ Equipment 17. Brush, Bowl, Nylon Tweed-in-wire, )pl.-tic h~dle, 14" over-all length Unit Cos~ per each Total Cost .-.-... x30 ~oduct and manufacturer quoted 18. Brocrn, l%lsh Iii" Medium Sweep Unit Cost per cach Total Cost x 37 Produc~ Rd manufacturer quoted 19. Broom, ~ 24" Ga.t~ge Sweep Unit Cost per each To~al Cost x 46 Product and ma~ufac~er quo~d t:' ~ ":d '~ i: . s ~.$o $ · (-:'CO: S ~'-O~j,'~u S · .. . :~0~' -. s S s s /~'~/.~'/ s 20. Brooms, corn, 30'..l~case . :.: . . ' .... j - · - ' · FTO<3UC{ anGl mnnu~a.;tmci ~uu~;u ...... . . " 2~. Broom, Angle Unit Cost per each Total Cost x 24 Wha lot do you package in? @ no./c~se Product and manufacturer quoted 24. Disposable Dust Mop Head, cloth, 4g" Unit Cost per each Total Cost x g00 What lot do you package in? @ no./case Product and manufacturer quoted 25. Disposable Dust mop head, cloth, 36' Unit Cost per each Totzl Cost x 800 What lot do you package in? ~ no./case Product and manufacturer quoted 26. Dry ~ Mops Frame Complete Plastic Holder, v,'ooden handle 48" x 5" W Unit Cost per each Total Cost x 8 Product and manufacturer quoted 27. Dry Dust Mops Frame Complete plastic Holder, wooden handle 36" x 5" W Uni~ Cost per each Total Cost :.. x 8 -.- -. Product and manufacturer quoted 28. Wet blop Heads Cotton, web foot 32 s b°~' s s t ~,to ;5" s s "/ s s~ s s,, '7 s s ~7.)."- s s ~1 5 5 ou.ce, ' : "q2S--° Unit Cost per each S C $ Total Cost .:.-'.'-'/ x60 :.. $ What lot do you parkage ~n? ~ noJcase ' ' ,.-7. - I~- Product and manufa~t~rir.,... ~uoted }'" ~.' ~ ~..~ 29. Wax Mop Head Rayon 24 ou~ce~ Unit Cost ...,- ',.' per each .?-. ;.5 .',,~'T (~ ~ '5 Total Cost -~-::-:.~' ,-... x 15. ':-'<i; r, /. ;:2.5. :,Qt.~.~ (~, . 5 ~,~at lot do you ~acka~e iri? t~"n6J~'!'.~ [", Product an.d r~.anufacture~: quoted .. 3 I. Mop Handles, Plastic 48" Height Unit Cost per each Total Cost x 8 What lot do you package in? (~ no./case Product and manufacturer quoted 32. Mop Handle, Plastic, Quick Change 63" :,'. -,-. ' - Unit Cost ;. per each Total Cost ;.i .. -'. x 24 What lot do you package in? (~ no./case Product and manufacturer quoted 33. },lop Bucket & Ringer Plastic, yellow 35 quart . ... Unit Cost per each -, Total Cost x 4 Product a~d manufacn.trer quoted 34. Mop Bucket & Ringer Rubbermaid #6129 or equivalent .. Unit Cost -:;',- ,... per each Total Cost x 8 Product and manufacturer quoted s "/~. ,.,o .... s 3:5. Toilet Brush, Nylon Bristle, plas6c . '. ' handle . .-.' i k: ~, .:.4{:; ;', ' '~. ':' ."";."' ,ii, ;:'~,F'".~:.~2~ '" ' Unit Cost '~', .'5 ' per'each" .... $" '~:~ ' ' Total Cost : - ... - . :x 48 ", ... $ /O,'~. i~ $ $ s ,, s s f "/l::~s / $ S $ '"-' S $ Product a~d manufacrarer quoted ~ :' ' "' I I ' I I I I I ~R N^lv~ I I I I I I I I I 35. Bowl Cleaner, 1 cluz~ cont. niner, No ~ ~ 24% Hy~o~ . ~ Io~ do you pac~ge ~? ~ ~c~e 39. Bowl Cie~, I qu~ con~er, Non- ~.~c~ ~ s ~.~ s ~o.i co~t ~:o s _~9~. ~ ~ Io~ do you p~kage ~? ~ q~c~e 40. Clever, ~fl Scab 32 oz ~e~ N · o~Co~ x48 s 1~/.~ s ~- s ~.~ s' ~ ~at lot do you package ~? S~ of ~'~ / c~C~ per ~e· '-. ' ~odu~ =d m~ufac~er quoted · 41. Cleaner, Foaming ~monia~ed, All ' P~se, Aerosol 19 oz ' ~ .... ~ . Tm] Co~ ~4S S t~. S ~at lot do you package ~? S~c of . . C~C~sperc~e -~-..: ?-: " 42. Mold & Mildew Remover, I qum '--" Unit Cost . per c~eS ~o~ co. .... ' ~4 . s ~at lot do you pack~ge ~? Sm of- ' I~-~1 boales~oules ~r c~e . ' ' -- Product ~d m~ufa~ quoted :. .... .....,..- ,, {.. '.5.¥011~ . . 7,.'~.[ .:?..~ ' ~ - ~~" 3. Muln'-pu'~se Graffin Rmover, 5 . :;;.;~ .' 'g: , .. · : .,'. ' ' : .. . g~,o=~o,,~=r '-.:: ." .'.: ~ '-'. ""':":.~C~/j'.':~' .':.'::;:. ,~.':"'"": ': :." ' :': ' '. ~': 5'; ':<:', ""'" Uni~ Co~ 7. per conuN= . Toui ~ ~ ;~..:-.~..~,.x l0 :., :~.' .~.*~ S ~;.,.'~ .~',~ "f.'S' ~: :...'l ~ .'.': · ~: ,,'."~-i'~7;.~:C-~/;.,;C-~.<4~!.-,':~.~m~- K:~-i~,:i:,:5,:- ~.i',... ..~-....- .-. '~ ' .. -,,.:: . .-. . · ..., .... :,.,, ...... :.-,-. ~..,.~ ~{..,.,~,...,;.r,,~ ......... :.~,.;.:.,..:.~....-~ .,,,: ..... ,.. . ....... ~. S~Cle~ SmmlenS~et m . . ., .. . /. .. ..... ~ ...... : ....... ....... -~. - ~ ' ..;~2~ '~.~. ~ ~ ~.' ": ....... , ..... .:;.:' ~.~'r .~ · s=~ ...... , ......., .-,.._.~ ~. · o.i c~ ;~: j..:.-., x 4 :~-i?: ~: ~,'~/~L ~nt Io~ do you package ~? ~ qu~ '.'~ :..~ :. :; .., .... . . ~., ...,., .,.; .~,,~ ~-.: .~ .-. ..... .... ~ . . , N ~9~ ......... ~.-Y...- ,~ · .....~.,' ..... ~-..' - .,...:~...... . ...,.. ~. :~. ,~.= ,.....~ ~ .~....,:..._ .... .. :.~ .... ..,.. ....,. ..... ...._,.. . .. ~, . . .,:..~ .... . ,. ~ ~.. ......... ~.... . . ....... ' ...... L'"; f' ~'; ::".~:}", :'" '7,."./ ' '.~-' . . * s ~,& ~ ~ou ! , , ,..... :.,..:..:.~ ..... , . . . _ ..fc~ I' ' ' ' _ ~ _ ' i 45. Liquid Dcodorizrn $ g~llon Containers, Cherry or Spice Nilium - No Sub~ttute Unit Cost lX'r container Total Cost x 96 s qltS.o~o s ''{ ~J s qsto'"'-_ s 46. Air Fn~e~cr 15 oz c~n Bright Citrus No Substitute Unit Cost l:m' cas~ Total Cost x S ~v~ ~ do you packzt¢ 1~? @ cans/cas~ 4'/. Wick Cia Deodorizer for item #52, 10 oz Unit Cost per each Total Cost . x 520 What lot do you package in? (~ no./case Product ~d manufacm.rer quoted 48. Wired Bowl Blocks Unit Cost per case Total Cost x 126 ¥,'Mt lot do you package in? ~ blocks/case Product and manufacturer quoted · - $ /p.~?g. 70 $ 49. Urinal Block w/screen Box Anti- ' Bacterial fighter, white 12.dbox ' ":$ ':: ")'~ ~-~' Unit Cost per case $ Total Cost ' . x :~0 ' S -~'--6~- SO -' S What lot clo you package in? (~ blocks/case ' Product ~nd manufacturer quoted .. -. · -. S r,Jl~ s $ $ s Bo l .~0 s ~isinfecl~nts. .-. . ... -:'. .- .... 50. Cleaner, Sennicidal, sankiz~r, - '..: :. . .-' -- ·' '"T fimgicide, deodorize}, concentrated, pine .".:.:..s t.. -' :':'-" :'~i ;,,.- .'- '-:.: .', '.'.,f . ." :..?.: ~: ~.'. ':... .,. . .c:rO · .,,. .. -.. scent, I gallon container :,..- ... -. ' .. · ..,,~/~ ~,~ · · . ' · , ;. ~'"} '.: .' ' ."~'~., Unit Cost ': . per case · $ · ' S · ' Total Cost-'-.: .' ~;~ :- .7-: '.x I07: ':'.'.i- .'~,=. :S :-,-.~.,-.. ..:.S ,..~, ~'i,~.~ t. -.,.'.S_ ~o t · Product snd minutaCtUrer quoted ::. : .',,..:, : i',;'.~;~a/b,¥L¢_O ...''' , .... ,~.: ..,- ·-........ :.:....~:~,...-:~,~;;..~,.-,....-~,.. :-...:~,.,~,/.~tif~ , ~,,.~--~.. ~ ¢'::s~',-~i~:',,"..~ -' .... , .' :~,. ~... t:.o,'-..' .' ...-.;-' .,Q....,'. ~'.*.-~¢.. ' . ;'-:, ;i,:,'~ -. ":,'~.' ';"~4, , . ~':'~'.'?,.".::o~. ' '. '' ' ..... .-. , .:.=g~.~.-. -. :',-~: ..-,.- - :~ ,,.4,,.-.: .... s~. D,~,,rem,,t sp~y ~.;, r-;,~ · .', · 'rot,~ cog . .' . - . , . ' _,~ .e,,:~ ", . , ' '. '.'-' .' ,~ * , ' '' ~.' ~' . ~,.'' ' .' 's~ . What lot do you packsge m? Su~ of.-'. :.-; ,~ ~.,a.,.,.,,a,,,,,;,r,,.~,,.,,,,~,,.~ " ',4ffl4 ~/..z,4 ~t,,. '.:,,,~,,%.::.,~:.. .... '".'i"~" "'::"" X&"-q'.,l" · -':'~- - - I ' ' - · '~'5 ' ' ' ',~,~ 'c ,'~--.,-~1~'*°.'.'~ .... ~- .~-I' "' "' I '~ d · ': ' ,,:~,., - ' .~,': :.';T~.':.i;%.--~ '.~',..- -~--~ '- I · -' ' · ' · 52. Deodoriz~ Dispenser Batm7 opera~d Non-aerosol Uni: Cost per each Total Cost x 15 WhaI lot do you package in.'? Produ~ and manufacturer quoted $3. Dispenser, soap, White, Go-Jo #9721 No Substitute Unit Cost per each Tod Cost x 12 ]floor Products 54. Floor Stripper 5 gallon containers Mop.off. equiva,en . . Unit Cost per container vo., cost ' ~oduc: md mmufac~er ~oled 55. Unit Cost '" per box :" S Total Cost x 10 $ ii~' ~C) ' $ What lo! do you package in? ~ no./box l~oduc~ ~d manuf'acture~ quoted . .' .... · 56. Red Buff.Pads 20" 5/box Unit Cost · per box Total Cos~ .- x 20 What !o~ do you package ~? @ no./case ~ / Produa and manufacturer quoted . :": · . . . -..-:...~,.~,~';,..~. : · . '.. ...-.,:..~... . .. , ..~;' 5,: ..- : VEN'DOR NAME I 59. Floor Marker Remover I quart WhaI lot do you package in? (~ noJcase Unit Cost per case Total Cost x 10 Product and manufacturer quoted Hand Car~ 60. Hand soap, bar Lava or equivalent Unit Cost per case Total Cost x 20 What lot do you package in? ~ bars/case l:)roduct and manufacturer quoted 6l. Hand Soap, Antibact. trial Unit Cost per case To~al Cos~ x4S What lot do you package in? i~ gals/case . Product and manufacturer quoted s S S S S 62. Lotion soat:. Antibacterbl Purell #9756 No Substitute Unit Cost per c~e . To~l Cost x 16 ~at lot do you package ~? ~ S~e of 63. H~d ~ap ~dge 12 ~r c~e 9102 De~a ~o No Substitute I I I I I I I VtXI:)OR NA~,m I I I I I I I I I 65. Gloves, Lalex individually wrapped Color. yellow Size: Small, Medium x. Unii Cost per cas~ Total Cost x 6 Wha lot do you package in? @ no./box boxes/case Product md mmufacl~rtr quoted S / 66. Dish Soap, Original 12 oz Palmolive No Substitute Unit Co~t Total COu x 8 What lot do ;you package in? ~ size of can/cans per case 6?. Dish Soap Powder 50 oz box U~,it Cost per case Total Cost x 2 What lot do you package in? ~ oz per box/boxes per case . :'. :~:' Produc~ iod manufacturer'quoted Jnsecticides s S S S s (~ (.z~. ;X~ s 68. Ant & Roach Spray Aerosol, approx 16 oz can Black Flag or equivalent " ~6 Uni~ Cost ..~ :~.: per case S V~ $ Tot. al Cost "'x 22 S / ~g)/. L-~.,~ S~ What lot do you package in? ~ size of /y aZ,./, /~., cans/cans per case .- Product ,d maaufacturer quoted,. ..,'. ; ,~.,,4~ ,~Z~ci*q~C'/ 69. In, ecl RepeLlent Ae~:os'ol, Deep WoocLs " '-: .... $ S S S Offorcquivaleatal~p~:o~( 16.ozcan :. ,.' ',-'-'%~,;"."~g-":: ; :' ' '.' ' ".~ i' · u~ Co~ ': i:-...::;: P~'r ~ase ."..S~v..,>'7 .. .... s ' '; i s" K.) ! ,~s What lot do you package in? ~ size of - ../~ ~ /...~__ · ' J. , / J - / .' '.. :.:~-.~'.~ ~ /'-,. · /...-*t-.~/,.- j.',~,~',.. .',,*...' ...- ~''~-'.'/. .'. · ,.'. ' ,- ,' .'. : · · , o.. ~ ... . . ; ~' ,.', -~,*. o. ;'~,... .. .,~ ¢. .... .- · . . ; .' ~ .~...f,.';.. .... · ' ',.;.~'.,.'/r,';.', :: ;.':.-.'.--.-'~.-',;'~.-~ O'...L..~.~-.,.;.'~,k; ... ;..:' - "'..'..f..,' _; ' PP , . ..:x'. . . -_,, , ~, ',- ,-~ .',,. - -,, ~r. · -- · ._,, ~. .., . ~.- . ~, , ~-, ,,, ...................... .. _ / '-~" ~ ..... t, '. .... ,.. . .- · , ._-"~T'~.. ~' ~- / .:.~..'.,','. ,: . '.'-~' ,-.: ;' '~' . '. ':.-/-.~';;.. ' .'. *.,... :,- ' 'E AG[NOA IT N '.: ' ............"; "~"; '-' ' ,'":--'?- .;"'-~. ~,-~ ': "~'.'~' ..-',?..~,':,~: l-- ',;. ~-v ;,:.' -' ,' · ~.;'.; ',.. ;. 1".: ;.":' .,~ ~'";'- .' ! l~undrv Products ?i. Bleach, generic gallon eontainen Unit Con per ca~e Total Cost x 169 What lot do you package in'?. (~ gal.qcase Product and manufacturer quoted 72. Laundo, Powder $0lbs/box Unit Cost per box Total Cost x 4 What lot do you package in? ~ lbs per box/boxes pe~ case Product ~nd manufacturer quoted 13. Liquid Laundry I gallon container Unit Cost per case Total Cost x 30 What lot do you package in.'? (~ gals/case Produc~ and manufacturer quoted ]Paper Products 74. Towels, multi-fold bleached Unit Cost per case Total Cost x 63 What lot do you package in? ~ sheets/case Produa a.nd manufacturer quoted 75. Towels, muhi-fold unbleached Unit Cost per case s ~'~ s s ~'lYc~<.) s Total Cost x 38 . ".. $ ~,qL4 /~ What lot do you package in? (~ shect~/ca~e '-:.' t~L~)C) Produc~ ~ m~.ra~er q~oted .. '. ~ .: .( '"~~ : .~..-. . .. ~. . ~ .,..r-~. ~ ,,. . · . · . .": ....... ,.-, '.;.:''-,'.~,-~.,'. ;~ To~l Co~" :. ?.?' ~ 321 : ~"~'~ ~ :'5.~ b/O'-t~ / S S S $ S S S S s ~.t.5o s 1o~/6 "'4' ~:~ ' / O s L o s ~O.'""' s I[~ - s $ $ --. ~,~, '.t What lot doyou package in.'? ~ ft. per "(:7:'~i'"'~ ~'O/ - ~ /__ '/9. Toilet Tissue 2-ply paper Unit Cos~ per case Total Cost x 140 What lot do you package in? (~ sheets per rolL/rolls per case ~oduc~ and manufacturer quoted g0. Towels, Shop on Roll, 1 ply 11 x I0.4" Blue Unit Cost per case To, Cost ...' . 'x40 What lot do you package in? ~ sheets per rolL/rolls per case -' Product and manufactuJ'er quoted 8 I. Toiles Tissue l-pl)' PaPer . Unit Cost '. per case To:al Cost x 50 What lot do you package in? (~ sheets per rolL/rolls per case :. Product and manufacturer quoted ,7o $ $ S S / S S / s $ $ S S / $ S / S2. Toile: Ti. ssue l-pl); paper 2000 feet rolls James River 161 or equivalent ,/,, /O U~it Cost per case $ ~"/'c~' '"'-' Toul Cost x 100 ' S Wha! lot do you packagel~? ~ .sheets per ., ~,~g~_/ /~q Product and manuf'actm-er quoted . . / S S / S3. Toilet Tissue Se'a V,'~at 1o! dc, .you acka e tn covers/case · ....... ., · .'-" ' . · : - ' Pr°ductand~anura'~'b-~f"'~16bti'd ~'r':~:'*/'."~u~.~Ld,~--t~ ~"<'?~:.~:'~."! ,:.:~-'"'::.':'. :-."'lh":,'qO ::: -- .- ' · · - .'-~,.~-' :'-~..:--~ :':," ,.x:.J .... . . . . . ..... * , ~ .:.~,.. -.'r o .. . ...... · '-.,':"r, ,".,',~>':::~i,'qy?:~-'.-;:~./~.~~. - ..... ?~r,.,~.?.~..<.~.,?...,...~.,.:.~ ..,,,: ......:..,~ :: · . . g.i. Wi e^I1sin'dis"n:iin' box 16~':.-~:~::>~,~':.~-'~,,;"?.''.' ' .:':' ~,:.t~,.--%',:: :-: v: '~',':' ".' ." -." · ' p pe g -~ : ._.:.. .: ..... . .,. ......,_.,~ ... . . ...~_: ..:,.. · , · '..-'..~'~-.,,..,."~'~'~ :...~..,~.'.,~'%'~..'.~,.~'~ , ',,.-,¥..~r,~.'t~ ' :~"..,,: ".~.: :....'.:.' · un,~ Co~..:.'.--.~:,~,..: What lot do,~,ou packagc m? ~ no. per~'.'t:-/:.~,~/'~._~'" :....,~ :7--.,?.tE~(-~ '..lYf. . . / I -- box/bo×es per case ... . ..... ~.~ -, .., .~ ,.. ~1'..'~-~ ~.~.C, .,.~..,. ,, , ..., ,. ~,, :.. ~ ,. . - . · '.. - · · ' I-,.." .' . '~ - ..' ].''- ., '. '--. ;./' · "~. - ' 'd- -' .- -. , ... .... , .,... ~. ,e,.~,. ...... : ~. , ~..., , .... ~ WL"..~,-" ' ',.--~- .... ~ ' . . · ...~..-....~ ...~.,-: ,...., ~ ,.~,~....... :. :.:~. .,..,~ ::,~_~._...~..;~,.~,~i~:,--,~4:.,.-'.' I-' ..~..1 .~, .~...,.. .... . ".~..: ' ". '..'.Z. ...,...~ . ~.~. ,., .... , . .....~ . .., ~. ..... ~ ~;,~..r,.~._...,:.. .......... . ,., ... . ~ ~ .' .',: .... ..,..~. ,,; .~ ,:..~ .,... :.d":~,.,'...~- ~.,... ~... ¥,.,...:~: :',,'::'.4~. .' · .'. '. .... .., . . -, '~:.%. ..... - . :., · ,'~ .. ,~.' .- --. *r..~ -- ~l k -... ~.~.., .- 'l~. . .. . ;,. · ~.. · . · .,... , .... ,. ,.,.,.. ;.,,. ._.....,, .._, ·, I · '- .... " ' '~ .'; ' ' "" · ' '--I "~" · ; · . . 85. Tiuue, 2-ply bl~ccl FluffOut 9x7 ~ No Sul~tttute Unit Co~ per c~e To~l Cos~ x 6 WI~ lot do you p~clc~e Ln? ~ no. ~ ~xes ~ ~e 86. 8anitaz~ Waxed Ba~ #260 Unit Cost per case Total Cost x l0 What lot do you package in? (~ no./case Product ~nd manufacturer quoted s: I I~[.'l,-' /oo / 87. Furnitt~re Polish aerosol approx 16 oz can Unit Cost per case Total Cost x 2 W~at io! do you package in? ~ size of c~s/c~s lxr cue . Product ~cl m~ufacn, u'cr quotcd s :~1~ 88. Shampoo, Body/Hah- l I oz dispenser pak Go-Jo No Substitute ~ ~?.~~ Unit Cost per case S To~l Cos~ . x 8 $ What lo[ do you package in? .(~ no./case Suwlie~ 89. Bordes, Trigger Sprayer, 16 oz Unit Cos~ per each Total Con ' x S $ / ,go / $ $ / m: 8:.i 92. Sponge, hand cellulose with white scrub pad for ~oa-stick pans U~it Cost per case Total Cost x 4 Wha~ lot ~ you package in? @ noJcase Product and manufacturer quc~d 93. Lobby Dust Pan 12" opening, 30" handle 6/case Uniz Cost per case Total Cost x 6 What lot do you package in? (~ noYc~e Product and manufacturer quoted 94. Tampons for vending machine Unit Cost per case Total Cost x 6 What lot do you package in.'? ~ count/case Product and manufacturer quoted 95. Sanitary napkins, boxed, ~ for vending machines Unit Cost per case Total Cost x 10 What lot do you package in? 6'- count'case · Product and manufacturer quoted 96. Bucket, plax& 12-qum 6/case Unit Cost per case Total Cost x ! 1 What lot do you package in? ~ no./case Product and manufacturer quoted 1:2 qC' $ $ 97. Bucket. plastic 19-quart6lcase ..... ' '~..o<-.,:: . Unit Co~t .'. :." ' per case ' '2{'.'.~ ...... :: :"' $ '.' -' '7 Total Cost ........ '- x II. ::)! $7c''g--~ g' 7g''. $ ' ' $ $ $ $ What lot do you package in? (~ noJca$e.. ~- -. manufacturer Product quoted Product and manufactu'er uoted _ ~ ~ - , .... -.. ,/.... ..... v,O .... VENDOR NAME 99. Squeegees, s~ainless s~eel cha~nel, 12" 1 ~c3.se Unit Cost per each Total Cost x 40 What Io~ do you package in? (~ no./case Product and manufacturer quoted 100. Wet Floor Signs Plastic yellow 24'x 1 I' Unk Cost per each Tod Co~ x $ Produc~ and manufacturer quoted I01. Utili~/brush, short'handle 2" plastic bristle Unit Cos~ per each Tmal Cost x 60 Produa ~d manufacturer quoted s IZ,~ s t.. 1'7- s' s s'-F'jr7~ s $ $ s ~$.~0 _ s 102. C~sters, 3' Rubbermaid #6111 No Substitute Unit Cost per each Total Cost x 16 103. Hand Soap, b~r Zest, Ivory, Co~t or equivalent Uuit Cost per case Total Cost x 20 What lot do you package in? (~ noJcase ~oduc~ 3~d m~ufactu~er quoted 104. ~, pl~ic Unit Cost ... per each Total Cost x I0 Produc~ 3.ud manufacturer quoted 105. Wipes l$0/box Kimberly-Cl~-ke 41300 Workhorse No Substitute · s ~;~ s s ~.~O s Unk Cos~ ' per box' S K)/t~ S To~alCost .' ,,.'.'~:;xl~ .... S '-[ ~ S lot do you pac~ge ~? ~ ~xc~c~: ~ . '. . ~ ; ''. S ..... ['~ lot do y~ pac~ie ~? ~ ca.~i[ ' Producl ~d m~ufa~er quoted - · .... s tx.ti.c-) S S S S S S I .' I I I . I I I V~,~X)R N^~E I I I I I I I I I I07. Mop head, cotton, 16 oz Unit Cost per case Total Cost x 10 ~,~at lot do you package in? (~ no./case Product and manufac:urer quoted 108. Webster head Unit Cost per each Total Colt x 20 Product and manufactu,rer quoted 109. Exte~ion pole for Webster head 6'to ! 8' ex~nsion Unit Cost ~ each Total Co~ x $ Product and manufacturer quoted 110. Disposable moss 36" ' Unit Cos~ per each Total Cost . x 20 Product and manufacturer quoted 11 I. Wood handle for moss Flare lip, 5' Unit Cost -. per each Total Cost x 20 Product and manufacturer quoted 112. i oz, gallon m~!ered pump Unit Cost per each Total Cost x 20 Product and manufacturer quoted Prompt Payment Terms: Addenda Acknowledged: ... days .Ne~ ;~0 days 'YES. ~ NO s I'.'~ ,a~ s urn Lt C'" ' $ $ $ S S S $ . % .. days //) % days % days 'Net,. 30 days 'Net. 30 days. Net, 30 days . YES . NO __YES . NO , YES NO ig'vl,'ARD PR.O<;~DLrRE: Copies of a.ll Proposals, and Ta.~ulat]o~ for this b~d have been forwarded to the mmatmg dcpanzn~ After aH~ p..roposals are ?/aJ.u~...e. cL,thc. ~co..n~ .cn..dafi.o.n .?f..,~.d w)!l: ~. p...o.?d. ( _t?,caI!y .on ...w. ,edncsday or Th. u~l. a'y') b'.ut..'ide' thi 0l"fic~-~-of Ifie Purchasing'r'-- ~epa.,'~'ncnt, pn~ to t~,c. prcsentauon o] aw~'cl to.mc. ~o~e .nj..u. oun .ty Comm tssioncr~. Parties interested in t~c' status of th~ ~,*'a~d .orocess may'.-: :.' contac~ thc' ?u~c~Sin; ~paz:tnc~t ,i ~4 ]/'77$:S42~..~o.ve~f~ t~e',o'mcia] ~tus or e~ch contr-~. Snbsequ~t'to i~'~d, :the.iwar c~ v;'i]] be 'n~tified / Produa and manufacturer quoted '~ I ~ ~ -:.'.' ,.:.;'~.::.,c~'.. ,-,'.i-~ ~. '~:.'.:'.-. .... ' -' -¥ · ~'. ~-.:,.'t... ,'- ,~..· . · . · ' '.-' 2. Wash & Wix:Auto Conccmtrate Gallon Size - -' ' . Unit Cost :. ~. , .'.: per case S S ~odu~dm~fa~quo~d '." ':" .... ~ · ' ~(~' Cans and 6. Garbage G rce~ '.] ,'; ..: ;'- U~t P:oduct sad ,, Liners, Trash C~, DLs'posabl¢, 23x10x39 l.~Mil, color. Brev.v~ · Unit Cost per c~se TcealCost '.: '' x30 Produc~ ~nd manuhctur~'quot~d color. Silver, 1.'7 .giLl Webster Phax. Plus OPha40-90) or equhr~lcnt ' · '- · UnitCost . . ..~rca.~ $ ItDO_ $ .e4 s J mil, 23x10'/39 Mobil PL-4030 No Unit Co~t per ~ TotalCos~ : '.: ."x24 Wha! h~ do you package in? (~ count/case .- .... .. . .: . :' .. 14. Liners, T~sh C~n, Disposable, 3:t g~l '-. Product Il-id m~nufaa'urcr.'quoted ' · - Wh'at lot do"¥Ou'Pa~kage in? (~ count/c'ase .,.:/0(-}' _ :' .~..~0 _' _ Product ~nd m'~ufac:tur~r · · ': ' '' -,"""'.'.'":' ' , : . .;'' ,.' ' '." .' -. '',' -':-~.~!. ': ...... ''-'~? ...... Produc~ 19. Broom, ' Unit COst ... Total · 20. Br06ms, ' ...-' :. :To'al What lo.t. ::.-.': .;>..:: .:2 ~.at lot Product m~d m To~l Co~ . x 30 lot do you package L~? Un~ Cost' -'-'.~ ~To~ 2~. W~ Mop Hea~ Co~ we . ~,;,:' ~z~ lot do P~odu~ ~ ' ' :.,7 ,'~' 31. ]~op Para'las, ?lastic 48' H. dghi Unit Cost .. lx'r each Total Cost x 8 "' ' '' ' '~:'-'-; '.-'~"' "':"- '~5'-'"' '' -..:z~. - '. · - 32. MopH~dla, . , . , , ~, :- .: ' 63 .... ,'. .... · .UmtCo~ '., "' '. '"-:' ' ~ ' '-, '~;'" ''~,'.~'2" ~:"? . - ' · ; · - ' : ":'"; ' '~'-::?. :..' ,2!.'. '.'C ' · 33. MopBucket & ~gerP~ic, '"' ' " $ $ Produ'cf ~d manufah'uTr*r c~tii~i~d · ...:. .. ,.,....., .~.,- ,'.....,.. 34. MopBucket .... &::P,.h3"'"'":": '~r Rubbermald~'-'" .: a- .::i. #6129 or ¢~ "'":'" T~tal i' .. - Produc:fai~l manUi'actUrir quoted ·. . .7:. ':..;,...!.:',~.' ,: .... 35. Toilet Brash. Co' "To'~l CAST Produ~ and 36. Cleanser, powder A brand name or g .:-..Total Cost lh'odu~ - i. ':. Unit · .What lot ' Produc~ ::,..;~ ..': ".".,. ::. :.. .- ...~.. ','"-; ;~ .-~~ . . 2'.:.-.';.~... · 2.'>'.. '..-; 38. Bowl Cleaner, 1 quart container, No less ~h~n 24% Hydrochloric · ,.". · Ut~[t'Cost '~..: 'per case Total Cost .x 65 Wha~ lot do you package in? ~ quar~c~e Produc~ and manufacturer quoted u ,co. -s s l ¢'"' l ?' · "'-rou~co~;.'.::".x~o 's-'qq/..'"' 's ~/./>'"'" 's ~bS.-s ,q'~-~ What lot do you package b?.% quart~/¢~se ...J ~.~ ~ . .- ],~"~ ..... /, t ~' Produ'ct aM mahut'actu~'~ q~'ot~d ' ·: -' '--::'[~~'" "__.~L~.~::]~ ' ~ j:~/ '~'~ aO. 'Cleanser, So~t scrub, 32 oz IZream lq ;:..v ,...~ak~ .;.~.'?.\'. ........ ";0 ~ · :~-. '.: 'Ufiit Co's~' ~)'/:"~-.~;~." p~r'ca~e :' ' S ;'C/,-:1 ' ,.: , ', S ~. '9,/'-~ S · .' "ro,~I co~ . ,:..;,..,.: ~ 4s .... s '1 q3~-, s cf ~ ,- ·-' ...~ To~ Cost · .,. ~ ~y.o~, ~at t . . ,- ~-~ ._.. ..-' . , .. -, bottles,~Bonles per ca~e ;.,. :. . ....- Product ~d ,h'an'ufacfu~'~'rc ,~..' .... '5., 43.'.'Muhi.' Rmc gallom'c . .7... Uni: ~er conU act~er c 9 ~ ~ s 6'2 $ i~ '""s lo~./ 5.~./ i~". "18' q O $ $ Liquid DeodorLz~ $ ~lion ' ' ' Container~ Ch. errs. or Spice Nilium - No s '1~ s $ S 47. Wick Can Deodorizer for item//52, I0 ' ' · ' · :.; . :.....¥_'..;: -'~.., .~ .-.-,..' . -.. . '. . . . . Umt Cost '".... ~.:i',': per each ' ? '- ' " What k,i dc~'~ou ~a~ka"~ ~'.'; {~ fi69~;~; ::.~:;'~ '-_:'-':":'":i2 ": :' - .: :~ ~ ".. '- ' '- · ' ' ' ' '~.;- .... '"' ' ' ':r"' 4.~. '~,:Lred Bowl Blocks .. ,: .,,; ~.. ' u~,, Co,, ,: ~;'-.-:. '.::;:f,;~ .-.. .... : .... -.--..:. · · -.1 What let do you package in'?. (~ block.~case 49. Ur~iJ Bacterial fi~ter, white 12/box Um't Cost .~.,.'.' > ..... ~. per case What lot do you package ~Disinfeetants ;' " $0. Clea~cr, gcnmc:dal, fi~gi.cide, deSdonzer concentratec .' Ut~t 'I'Z .:; .. Cost Product, and S .6Z Unic Cost .'; ..... ":: per box :' :. '... .' .Total ¢o'~"i, ' 20 ~'.:'~'::':~: ,.'.wha~ ~oi ~d · '"~odu~ 57. Blue Ch P~ 2 '~.-'; Uni~ .~:.~o~f~' . · ' ~u~ ~d ..-, · ~ '...',...?'~ -,' ,:.: .:' :.--....., ., -.. . · · %~ . ..~. , .. o.. . .... -.,,o.,.*. ;.o .'. .. · ,..~..._ ;,, .:.. :,.,...,,.. _...~ ?.,.J., ~ ,: ..., .,,-. ;4:.;...I I - I' I · ' ' ' ' . - '. - I ' '''~ ~..'~ORN^~vi~ ".: ". ':1 ~' .: .4- ;.' I. · I I I I ' ...',..~:.'.'..:!".... ' :'.' .':.:-.I. ~;.~;'.-::': . I I I I $9. Floor l~bzkcr Remover l qu~rt ...... . cont~ncr Butcher's Bum-out or cqu[val~ .. Torn.1 Cost Wha~ lot. do yo~ pack~e in.'? ~ no./ca~e ~' la ' I ~/ ] '2.- Product ~nd n~uf~'u:rr quoted ~~ /"~¢r'n ~c;'7 ~/'~~ I-land ... :.]- ..--; _.'..,.'.: ....;.; ..~ :' . .. ,,- ~0. Ha~d ~, b~,Ll;,,~ o~;.equiva~entUnit Cost ... .i ,: .. :. ,' i>~rc3-se '"':':"~"~ S Total Co~t .... i- _ .': x 20 · 9~3at lot do you pack~g'¢ in? ~ bar%/me · -'.... L~.~ Product ~nd m~nufac~rer quoted :':':':': :"" :':' ~""':' "'"'" ~. ~,~dSo.~;,~=~a~-~,l :. .. ..':i"':-~, ~.~.~_~" ~-~;' · . .'..u,~co~ ":'.'::.~::.: ~'....:i~. -. '.. s "..or -., s ,,_,~.1 "'s 2, f .~?_, .... -.. -..-.,-....%,..._~.~...-.?,.~~. · : ...--,- . - ........~......~.,_. ,~ :, - . -. . . . . ........ , .-;~./...,..c~-%..: ...,,.~. ~.:~,~ ..'.&~,-.,..~,. : ~ . . .- · ~'~ Lo~c:)~ so:'p, ,~a~u'~ac~e~:q Pu:d! -:'.. :.~' ,,"~ ::':..~. %':.;.":.';" #9756NoSubsfit~a"~.:?...L.',-*.,.'.--'.'~';' :.:".';.'-./-:~,.~:,?~',,~ · . ,~', ¢ : · u,~i~ co~ - :~"-'--:.' :~ ~c~ , ...... .,:, ,,..,.,;;.., .. .. . :....,: . . ,. ~?.'.~;.:;,.:' '.. :.::&-,:.: -: ..-. . !' , ,.:~'." ~:,' :': . ' ' .'.'.'-?~' ~.'=,'?'*';' ..' "'.' ~.''' ' 'i 'o ' . , . ~. ]-~d ~,~ ~;~'~'~' ]2'i~'c~ ]:~rma ~o No Subsl:itute }.:- ..' ;.. ': ,' :'i .' ' L'~i[ Cos~ ..... '"" :.. $ .... "(' ..-'.:.$ '" · ',, 4'..;S .'.- ¢.S - ' 'S .. -To~l :,~,. : ..:.. .:...~,::. ..... io &' ' ....... ~:3at t ;~: - '-' ~ :.'. ..... '_-.Z..' '.-. ' ~dg¢~,'ca:e :' i.':(-', ;' .' - .'. .... .'. .... :'-. ~ . . ,:, . , ... ;.-:. . · . , . . ..~.. , : :, .~._ .~ ..~-..,-. ,~.~,.._.. ,' · ... .. .f: - .. . r~. ~1o~.,~,- :::.:~.~::": :,.. :-.. ]3¢ige :- :~ "-:" ,. ~ TO~'i h...O~ .~';~":';':'"" ':' Wh~ io~ ~ ::" ' · boxes/case :~oduct 6:5. Gloves, l.~ex individually vn-apped Color. yellow Size: Small, Medium & Unit Cost p~ ~ To~al Cost x 6 'What lot do you pachgc La? ~ no./box · Product ~nd a~auf~'~ar~ quoted 66. Dish 5o~, OrigL~l. 12 oz PaLmolive . No Substitute .. ' . - ' -. -' Uu~Cost-'---..',~-."-percue'..-'~-.S'~'-C)./ · To. Cost :'! ,:'-~.;.~'.?xS -:' !...~"..S ~a:t ]et d3 ~,o6 pac~gi kn? @ ~ize or '"..-'... l%" /,,,o-c) ~v 'I / /__ · .:..)..To~ Cost" What lot do 70. hom~ ~x 16 case Wh~t k>t ~ you pac~e in? ~ lbs per :.. '~1 · ~ , · "":: To~Co~' "..'::.:..".:'5,~0 .... ." '~':'t~S ':.:~'.'tO-~O S_~/~~. u S~ '.~.-.7o ....... .~... :...: .- . ,. ..- ~.-. . . , ' ..,.~._,.~.~.~__ .S · Wh,~ lot do you pack~ge in? a Ls/cue ~,~s~,~ ~' .~ ;~.,~.(-:~'.:~,;..-: ~- ,,,:,: ,.: . ·... · ., _, ..., . , ...... @ ~. ,..;,._..,..~,.,~.~f ...... .,.. _,; _, ..... .... .~ .~,~..: . ·. .,~'.~Z"~.'~...'~ z."' .' ~'~ ......-~-,% . · r. .....~..: ........ ;: '.. . · ?n,erProducts ..... . ~,,. . . ..., ...... .-. .... . ....... ' "7, .'; [: .". '; :;.'~.;'.'-;'~' ;,'~,'---;, .... .-... . . 74..' T.owcls, multi-fold blea~:hcd : -]' -Un'it-COs:. 'i: :r -v...To~I gO.st.: · ~at lot do ~,ou pac~ge'Ln? (~ Product ~d m~ufaEruTer qu,o~e~ ' 95. Towe~, mul6-fold ~bleached ..5., Uafz~ per '"- 'To~l( x38 . .~t 16t do' roll/rolW s. / ~.~.,~/ *'- :~ ,*,~; ,.~'~,.,*,:~r~,.".~ :,9 *"~ *.~I~,~*~"*~*",,~,' ,:':' ~' '.,~': ?"~ ~' -~"'~.~ ='."*,.'~*g "· "- *' ...... '* ' , '*. - .'.l', .,'~ .''o~ r ,.; ¢,. .~ ,. ~-,d t.., . , .,~'. · o., · ', .... ..' o ,'"", ,,. . ,- ;, -' . . '..;~*~_...~..:~,...';~..... :.~..,f.~-,~.:~.;.-.'. :. - ;. **.**: · . .'. : · .*,*',' ,. : ~**.~, .' I" '" "*'*'. ~'-' *'. :~ *':" :'.'" · *~' ""' I ', '. · V~OORN,,~CS ** *o'.*-.: "*~:: I *' **'".*. I I I I '*-" *** '****'**.';/.;'.-*~~ -**' I;-'* '*. - * I * I I " ' '"'*' i:;~ 2 ' ' ?8. Towch, C-fold bleached ~o~Cost . ~ ~2 s ,~~. s ~'9. ~O s ' s ; ~. 7~ ' Product and manufacturer, quot.cd 79. To[l~ Th~ 2-ply paper t~ni~ c~ ":'..'-.- ...-.':p~ ;=~ s ~3 s ' s $ ~? . To~ co~ x ~4o s ';'1.g93 s .~. s s~ 'roll/rolLs per c~se .: ~'-'.~.'i,~ L/..' ° ' '- ~ ......:...¢.~,.~ :: ~ ~.:;.::...._¥~ .~ .-..; ."!.: ·/". ' ' · -~ :; ~ ?. ....4. 2.:..~. [.... ?..... 80. Tow¢l~, Sh~P oh R{~ll, 1 pl¥'l 1 x 10.4" .. .... :.; ,'.~:~..,.~ .... . . Blu~ ' -.'. :, . -.-, ,- .-- .... . ,, ..... '.'.::"". '...'. . .,-. Unit Cost : (.~- :...... :,. per ca~e .. S · ,, S [ [ S S To~l Cost ': ~.._':'. "s,..:x 40 ,.:; .. *'$ / $ K) / $~ $ · "~ ,'~ '.':.',. , :' "4:. : ~." :':,; :. . :. .'.-., · ' . ' rolVrolh p~r.c~e ~.'3: '%'~ >,*" ..... -"'-" ?rodu~t ~d manufactUjer qd~t~d -~; .' ' :'.".".".. ":~" '" ' ' ' · .; .~ _.. , .. ,'~_.. ,- .,,;.!. · ..... -..-:...:~.,,~¥,. ~,..,.....,.;....,;:,.~, ~,,,; ~ ..... ~,-~ . ....: ......... :;,.- . .......... ~ 1To ]et T~ssue 1-ply vapor c',..; ! '. *: '.-"*: '-~.i~/~.- . ' - ' ~ ,~'~- ' · . · ..h.-., ,*: .' .' "..' '.' ":~."*1 * ' $ ";4. ~' '"" $ $ L~:~Cost · .~.,. perone ~,-~:~ lot ~o ~o. p~.'~'h .', ~ ,~.~'~e~ roD'rolLs per c~c ,':': ._:~L:~'~]:. '~-~,'~.-;:..: ',. '..] ;;,..? '-:':.;:,;.:i "., j '- .... .-' -',' :' :' ' .,,,., . .: ,;.. :--11 "'. '. ¥ - $(._, · 'o':' ':~,.;r.:';,.-'..'-'&',.';". "".' .... :- ' 1.,,~,;-;,;,4'er',~000 .'. : ;: ;-'..... .:.~ . :'.' : ., roils James River J61>,or cqulvalen! .....' :,:. ::: .( . """.'-':~,-i ~' .' . .. · · 4' ,,;'.,.."~ ". '..' U~u~Cost ..'~.,'*.: ~-; ~pcrcasc ,,',:':. i ,'S ' " $ TotaiCost "..h"....' x]00 ':' What lot do ' ro"rol'-':~~u ,~lVcrcase, .:: ....... ::.'.:'L · ....... .' ' ' ' .... ..._ .. Product ~d ;~t,crurer ' *' "' "· ..... :': ' .... " .... · · ,; ~3.To[Jet 'F~u~ Sc · Unit ' Tou'l Co~ ~ What lot do . Produce'an8 ~' "* 4';. ,. ' 84. Wipe AIi~ ,,vide, l-ply .... ' 'Unit Toul Cost What lot do ·'~""; bo.'bo x e s'~ .cr".cas ~ Produc~ 8S. Tissue, 2-1~1¥ Marcel Fluff Out 9x7 No Substitute '.' " Unit Cost ·. per case · "l'ot~l Cost x 6 Wha~ lot do you package in? ~ no. per box/boxes per .case ~: '. ' ' '' Unit Cost ......: ~ per case What lot do yod'~ackage in? @ no./ca~e Produrt ~cl manufacture' quoted ' ... ~ ,-,Q&t't~ c'~ ~ I ,.::,:..:'-...~ :../-:.. ,.'..... ~-, .... . ..... S?'. Fw'~it~'~ PoIL~'~e~oi appr'°x i6 oz :." ;" :' '"'" " " ' ,- ..-'-~',~:.':-:..- .'-' -, -'-.'.:;;-~; "['. '. · cnn .-.', · K~,], ..",,~'~.% ..t'..'.';-:'-. ~ --'~",: '-. :'; · ?-'.'. ~K~-; D"T~' ' ' · . .......;. .,. Uu.,t Cost '.' .'..:.: ,.:~.. per case . .. S ' ,~,~,.. ,.' t C S S~.~ S :'.. ' ."'~ ~"',:~Zi~-' '~;'.:'.,.';:J'~;".L:' ...... '"' .. ~g' .... · " .... :' "~'"" "~ '" '"" ;';".'.,~..~'.;.~.~.;'~- UW"":'-" ~ '.;' '~ ~!° ~/-"-/.' ' ' ' ' .'' ' ' Productandmanuf~c~t't~rqu~ted .-. ,.; .... .,..~.,,:.":1~14)11....,..... :::~ "-'"~"~""" . ~1,~1"~ : ' ".':: ":.:;'-::':',',".':;":~..'.:%~"';"/;.~",.~.~;~'i':~ ,.'-, .R'::'.:',/.~.,..~,;.~;'..'~.?...,:.: '.".: :':-'.-' :'.-- -,' .... :.-' . - - '.;"...L', :'" .,:- :: ..-' 88 Shampoo, Body/Ha~' l I oz d spenser u,".... :'...:..~.:.'..-;." :.' ....... . ~' .... ' ' ' ' · · .... ,~ ..... . .... y.~....~".,;...: ~ .......... (ye..:..'. ....... ~. ~ .. J pa ~.~o Nos,~),tit,,tr.~-;..'~.~::': :-:_.:.'..:'.-...:~,~ ':,'.;-.: '~,,.L..:.' ~ :,'..':' '~ "' . ' :.' | '. ' '" '; ' ~' ff.' · :..'u'~;~ .:':--'"'.:: "'i~,':,.;::-.;i'~:~:~".'~'~;;..':',~,-.'"'_'"S':cl.="-;' .' .:_s a } ~O ".'.:$ '\ /"..'.: .:, .To~ ' .:..L;~.;.-.'S .,,:~,.5~...-~-....-.-':': S ~/ .'~S"6..-'.S ~v lid .'~-.'s -: \ .'.'.: v,,",;,tlot~o' ' ~ ~-',:r.' ."~ · :':'-;: .-.'~i:~--' .' -/ Su Dli : ....... '.: .... ". ' ' go.. Sponge, hand cellulose with whit~ ~rub pad for non-stick pans Unit Cost per case Total Cos~ x 4 What lot do you package in? ~ noJcase Product and manufacturer quoted 93. Lobby Du~ Pa~ 12'; Ol~tning, 30" handle 6,'ca~e . - . . .' - ' Unlt Cort :. 5.'-"...'...': 'per ca.se Tot~Cost' ' -. -...x6 " ~"nat lot do ~,ou package in? ~ no./case - ~.. · Produc~ and manufacturer quoted ' ' ,.:.'~ · ....~.~.,-' .~~ :,~..:~.' ',: ;.~ .,,':~ · · - ' ' ' ".' '.:-':~,, · ' '~' ~" ' ~4. Tmpons'roi'vendi.~i'~nlc'hin'e ' . Unit Cost")--' ';.': -:c per i:asc "'<!'S ·. Total Co~ . :.~=:~..~=<.:. x 6 .... .. 95. vending mackines ~.' Unit ¢o~t .... ~.: :per case ' · · ' .Total ¢o~t .}-{'.~;~'A;:x'10 ;-.x,. :.~, · . . . ....- ..~,,_.~,;.:.~ .... ? · ,...:. V,"hat lot do'you package in? ~ counc'ca~e',i · l:h'oduc~ and manufacturer quoted .-'. .. 96. Bucke., phu'fic .125~uart 6/c~e ~::' .-.' Umt¢o~ '-."~:.-< ' per¢~e . .. · . ~ . o. · '.? ';:~ ; .... · . · .' What lot do you package tn? ~ D Produc~ and ma~ufactarer uoted '-' · · ~ ': i..:..~ 97. Buc.k~t, '. Unit ":':~ ""~a. se · Total .... ": "' @ no'./c~e Whal lot do.yo.u £a~ .............. Prodtlc~ and .... · quick .. Unit ;. (:~.TotaI ~'hat lot Produ'a and - 'o , :~' ~-.'-F'~'- ~'" Z' : '..: ..:./. . "',,. · / ?.....".~ : .;:.s 99. Squeelees, stainless steel channel, 12" 12/case Unit Cost per each Total Cost x 40 Whal lot do you pacl~e in? ~ oo./c~se Product Nd m~ufacturtr quoted 100. Wet Floor Sil~s Plastic yellow 24"xl 1" Unit Cost per each To. Cost :"' 'x8 '." Product ~nd a~nufac~ut~r,cluoted I01. Utility brusk, 'short hindle 2" plastic bristle Unit Cost per each Total Cost x 60 Product and manufacturer quoted · . ...:.......:~ . :....:. ',.'...~ .- =.- 102. C,ters, 3" Rubbermaid #611 ! No s t.'=,[., s s Substitute ': "' ' ...... Unit Cost -.., .... '.- . per each . . -.:.$ - $ Total Cost ', · x 16 '- .$ ... ,. ,,.' ..'.e ;' ,'.i.."' ;:' ' ~ ' · ~' ....%. ~ *P.,- ''' '-.'' t-. · .' 103. }land Soap, bai"Zea I~'?),', Coast or ]:';:"" '~C" ' equ ,a =t :::...,....: - : u~itCo~ :::'T:::...:.V~'i-'~i~e'::'-: :'.;:s'::'~".'.::" s · '-' · Total Cbs: ,'.:"7,'-=' ': ':-: 5<'20 ",""'. '"'$ ; {o~l -- '" $ ~,%a: lot do you package in? ~ no./c~se Product ~nd manufac'm~r q~oted .... "' 1 S s 107. Mop head, cot'mn, I~ oz e*eeeee · eeeee®ee®eeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee $ S s ..-'"" s s Unit Cost per case Total Cost x I0 '¢,'lat lot do :you package tn? @ no./case Producl and manufacturer quoted 108. W~bst. head Unit Cost per each Total Cost x 20 Product ~nd manufacturer quoted .. 109. Ex~,-tmon pole for Webster head Unit Cost Product and manufacturer quoted '" l I I. -Wood haxdIo for moss Flare tin, 5' *- ,~ .... ' ' . Total Cost :.';..-;=:G.-x 20 . $ ~ $ $ :,5~ "- s .Addend* AcknoMcd ..,:..::., ,' ' r, "."; :6WARD · cofitact by mlca.sc of a' · '""'" '"='~:' i.':"..~. ..:...:.;-~. ;. · : :~ · ~':'-':~'".:.'.C:~¢~.-';~,:F~¢~,-L,.~ ',- ;.:, '., :'..;-.~ ,..-.; -.'- ... ' . - - · 112..I oz,'galloa'm~t~fedV'ui=i~.<~': '.'_4',.:'"':':~. "- "', : ' :' ' ' *"t"/~' c.?''~ ¥'.'-'~"~;' '~ ..... ~-d'~' .... .;"-" '..('' ;" "":' ./'"' "-' ' .-'7' ~' ..~ 1 ' · · :. ,'.' -, ~ ' ', ,. . ~ ,, ~'- J ..... YES 3' ,-NO. ',-z' .YE, S 'NO '-. 'YE.S NO YES NO ::.~: '{., .,,. r. ,L,~..,...... .... .-. :,~:.-,,.;,,..... ;..-... :. : :.:-. ~:';::!:-'..: ._-..:. :..-: ... ....... . -5:-.: APPROVAL OF BUDG£T A.%IEND~IENTS BCC Agenda of 2/24/98 Road Construction - Gas Taz Fund (313) Budget Amendment 98-075 County Barn Road. Pro_iect 60101 Interdepartmental Payment for Services $500 Reset'yes Rest-rye for Contingencies ($$00) Total 0 Funds zre needed to cover unbudgeted projects in FY 98 performed by OCPM. Parks Improvement Fund (306) Budget Amendment 98-136 ~'ommuni~ Parks (Cost Crt. 156412) Everglades Ci~ Park Improvement Project (80094) S620 Gulf Coast Linle League Park Project (80069) ($620) "I oral 0 Funds are needed to close out the outstanding balance on the Everglades City Park project ($0094). Funds reverted to reserves before the f'mal invoice was rece;ved. Automated Information Systems Fund (~05) Budget Amendment 98-137 Automated Information Systems (Cost Crt. 121142) Other Contractual Services $10,000 Overtime (SI0,000) Total 0 Funds are needed to cover contract help until we out-source or replace position wi'.h staff. AGENDA ITEM FEB 2 e 1998 Pi[ .~ I API'ROVAL OF BUDGET AMENDMENTS BCC Agenda of 2/24/98 (Continued) Road Construction - Gas Tax Fund (313) Budget Amendment 98-140 Neighborhood Traffic Management Program (Pricer No. 66076~ Other Contractual ~ervices $6,225 Re~-vve for Contingencies Total 0 Funds are needed to implement a traffic calming project on Palm Drive. ($6,225) AGENDA ITEM FEB 2 ~! 1998 pg. "~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE, THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 318 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. GEORGE VISNICH, et al, CASE NO. 91-2776-CA-01-DRNL (PINE RIDGE INDUSTRIAL PARK MSTU). f).ll.,I~,,IZ~_Y~d 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 on Parcel No. 318 in the Pine Ridge Industrial Park MSTU in the lawsuit entitled Collier County v. George Visnich, et al., Case No. 91-2776-CA-01-DRM. CONSIDERATIONS: On October 23, 1992 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Industrial Park MSTU Project No. 68064. On November 6, 1991, Collier County deposited with the Registry of the Court the sum of Five Hundred Dollars ($500.00) for Parcel No. 318 in accordance with the Stipulated Order of Taking. The Stipulated Final Judgment (attached as Exhibit "A") provides for the settlement of the above referenced case as to Parcel No. 318. The Stipulated Final Judgment entered by Judge Hayes on February 3, 1998 provides that Collier County shall deposit the additional mount of Five Hundred Dollars (5;500.00) for reasonable attorney fees and costs with the Registry of the Court. FISCAL IMPACT: The cost and fiscal impact is Five Hundred Dollars ($500.00) charged against Office of Capital Projects Management Fund and Cost Center No. 132-12550-68064 and will be deposited into the Registry of the Court. GROWTH MANAGEMENT IMPACT: None. R, ECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staffto deposit the funds into the Registry of the Court. Pn:pared by: Earlene M. Weber Legal Assistant Date AGEN DA ITEM FE 8 2 1998 £xecut/ve Summ~y CC v. George Vimich, et al. Page 2 Reviewed by: 'Rodney C.~ade ' Assistant ff, ounty Attorney Approved by: D~d c. w~ig~i County Attorney Date Date h:/e~ex sumr~"y/CC v. Vimich Panel 318 AGENDA ITEM No. /~,..~' C-~-) FEB 2 ~ lg98 p~. 2 IN THE CIRCUIT COURT OF THE TWENTIETH R~DICIAL CIRCUIT IN AND FOR COLLIER COUNTY. FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, VS. GEORGE VISNICH, et al.. Defendants. Case No. 91-2776-CA-01-DRM Parcel No. 31 ii STIPULATED FINAL IUDQMENT THIS CAUSE having come before the Court upon Joint Motion made by Plaintiff and Defendant, by and through their undersigned counsel. (or entry ora Stipulated Final Judgment as to Parcel No. 318, 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 Plaintiff is the full compensation due the Defendants..TENS J. JANSEN, CAROLYN JANSEN, GERALD T. FRY and SUSAN'NA.H B. FRY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Defendants, JENS J. JANSEN, CAROLYN JANSEN, GERALD T. FRY and SUSANN'AH B. FRY, have and recover from the Plaintiff, COLLIER COUNTY, FLORIDA, One Thousand Dollars ($1,000.00) comprised of the sum of Five Hundred Dollars ($.500.00) for Parcel No. 318, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels and Five Hundred Dollars ($.500.00) in Attorney's Fees; it is further. ORDERED that the Clerk of this Court shall disburse the sum of One Thousand Dollars ($1,000.00) to Louis X. Amato. Esquire, Trust Account..350 5'" Avenue South. Naples.. Florida 34102, less any amounts previously paid: it is fur',her AGENDA ITEM EXHIBIT "A" NO._/6 Z (-~ FEi] 2 t998 ,.3 ORDEI~D that title to Pan:el No. 318, Maintenance ~-'rnem, as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiffpursuant to the Order of tak.ing dated October 23, 1991 and the deposit of money heretofore made, is approved, ratified and confu'med; and it is further of' DONE ~ AOR.DER~D in Chambers at Naples, Collier County, Florida, this ..~ ,1998. Circuit Court Judge day conforr~ed copies to: ,/Louis S. Amato, Esq. · /Joe W. Fixel, Esq. ~ '/Rodncy C. Wade, Esq. -2- AGENDA ITEM . No. j 2 1998 JOINT MOTION FOR STIPULATED FINAL .rt.rDGMENT P laintiff and Defendants. by and through their undersigned counsel, hereby Stipulate to the ~.~;.~s x. ,~ro,';'~'c-m~ /~o~ w/~tx~_. EsQtn~ 350 5* Avefiue South / Fixe~d Maguire South Gadsden Street Naples, Florida 34102 ~l'_ _ South Gadsden Phone: (941) 434-1168 Tallahassee. Florida 32301 Florida l~ar No. 171719 ATTORNEY FOR DEFENDANTS, JENS J. JANSEN, CAROLYN JANSEN, GERALD T. FRY and SUSANNAH B. FRY Ptmee: (0f'~t) 6gl -I gOO Flodda Bar No. 192026 / ATTORNEY FOR PLAINTIFF -3- AGENDA ITEM . No. /~, :r FEB 2 ~ ~998 ~.. ,.~ P&rcel 318, HAZNT£NANC£ EXHIEIT "A" t,-.cuzc..:: tAACL'I.: ') 1 SECTION z~ , TOWNSHIp ,4 SOUTH, RANGE :5 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION J & C Z~USTR~AL PARK, ~n unrecorded ~la~ in Section Zl, To~msh~p &~ $ou:~, 25 £~zc, Cold,er County, florida, be~n~ more ~r~cu~arZy desc~Lbed is Co.once lc ~he gesC Z/~ corner og Section IL, Tav~h~p ~9 $ouc~, Lance 25 £3sc, ~, 1~2~.95 Eeoc co Che CencecALne ag ~ A ¢ Iou~evard; Thence ~eav~nI *~Ld ~$0.&7 ~eec; Thence'le~v~nl ~L~ Ce.~etlLne, ff 00' il' i2" V, iS.00 ~ uO 3L' ~ ..... ' "~eet; ThenCl - ~a. q., .... 's~nn~nl; The .... ~-- - ' ~ 4ou~evl~. ~q_ ~ ~o cne 4~o~e~enc$n..J u ..... .-~ ~ee~; Thence ']~ .---k cO the ?otnt -~ -- - - ich Rtlht_vg.Vav 1tn- e .^..~.~ne og · - ~--~1, *iortda. · '~'~, riles 171~ AGENDA ITEM, No. /(,, :f-. ) TAJ~ iJ~,I 33962 774-~250 SKETCH OF THE LEGAL DESC~:~TiON. THiS IS NOT A SU~,vEy. NOT TO SCALE. · Page 25