Loading...
Agenda 01/27/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 27, 1998 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAI~RS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE bLAY NEED TO ENSURE THAT A VERBATLM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.M. 2. 3. 4. INVOCATION - Pastor James Honig - Grace Lutheran Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. January 6, 1998 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLA]~LATIONS i January 27, 199S SERVICE AWARDS C. D. F... I) ~) 3) 4) Gary Harem - Road & Bridge - 15 years Sharon Ardrey - InFormation Technology - I0 years Barbara Johnson - Parks & Recreation - 10 years Ruts Muller - Transportation - I0 years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PUBLIC WORKS B. 1) ~) This item has been deleted. Adopt a Resolution authorizing the acquisition by k~ft, purchase or condemnation of non-ezclush'e, perpetual road fight-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the six-Inning improvements for Airport-Pulling Road (C.R. 31) Project from Pine Ridge Road (C.R. 896) to Vanderbilt Beach Road (C.R. 862), CIE No. 55; and repealing Resolution No. 97-360. PUBLIC SERVICES SUPPORT SERVICES COUNTY ADMINISTRATOR 1) Approval of ranking of proposals and installation agreement with Consolidated Media Systems for installation and training for the Boardroom Audio/Visual and Broadcast Replay System, ~ ~97-2758. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS Approval of letter or resolution supporting the Overall Economic Development Program adopted by the Regional Planning Council (Commissioner Norris) 2 January 27, 1998 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS l) Petition R-97-8, Community Development and Environmenta~ Services Dix~sion representing the Collier County Board of County Commissioners requesting a rezone from "PUD" Planned Unit Development to Agrlcultural for the Vencentian Residence PUD located on the east side of Tamiami Trail East approximately 1.8 miles west of C.R. 951 in Sec. 32, T$05, R26E, consisting of 30.7 acres. 2) Petition PUD-97-15, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing George Vukobratovich, Trustee, requesting a rezone from "CF" Community Facility to #PUD# Planned Unit Development for a mixed commercial land use development strategy In a project titled Willow Park for property located on the eart side of Airport- Pulling Road south of Lone Oak Boulevard and immediately contiguous property known a~ Princess Park in Sec. 1, T49S, R2$E, containing 11.35 acres, more or less. (CONTLNUED INDEFINITELY) 3) Petition R-97-9, Mr. Robert L. Duane of Hole, Montes and Arc, elates representing Adam Fueredi requesting a rezone from "C-3" to "C-3" for property on Lots 2-7 and $1-86, Pineland-on-the-Trall in Sec. 13, TSOS, R.2$E, consisting of 2.5 acre.~, more or less. 4) Petition PUD-91-11(1) Richard Henderlong representing Kensington Park Trust requesting to repeal the current Kensington Park PUD Master Plan and to adopt a new PUD and Master Plan without e.ztentially changing the land use strategy for property located on the south side of Pine Ridge Road further described as located in Sec. 13, T49S, R2$F... C. OTHER I) Petition SNR-97-13, Jacqueline R. Conrecode requesting a street name change from Carrotwood Road to Palmetto Woods Drive located in Golden Gate Estates Unit 32, in Sec. 9, T49S, R26E. January 27, 1998 13. 14. Petition SNR-97-1 I, William L, Hoover of Hoover Planning Shoppe representing Frank Cooper of Northbrooke Development Limited requesting a rtrect name change for the northern portion of Northbrooke Drive and Oakes Boulevard Extension in its entirety to Cypress Woods Boulevard located in Huntlng~on Subdivision (for Oakes Boulevard Extension only) and in Seca. 18, 19, and 20, T48S, R26E. a) Petition HD-97-2, the Collier County Historical and Archaeological Preservation Board requesting the Board of County Commissioners to officially designate a Calasa Indian archaeological mound/shell work complex as historically significant. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition SV-97-2, Mr. Wiley M. Parker representing Lely Development Corporation requesting a variance from Section 2.5.5.2.3.12 of the LDC to allow for a 20 foot high double-faced off-premise directional sign with a copy area of 72 square feet from the current LDC requirements for off- premise signs of 2 one-sided off-premlse signs with a copy area of 12 square feet each and a maximum height of 8 feet to be located at the corner of C.R. 951 and Lely Cultural Parkway in Sec. 22, TSOS, R26E. 2) This item has be~:n deleted. 3) Petition CU-97-24, William L. Hoover, AICP, representing Richard and Teresa YaM requesting Conditional Use "2" of the "A" Zoning District to allow a horticultural mulching facility in an Agricultural Zoning District for proper'ty located in Sec. 31, T49S, R27E. B. OTHER 1) Relating to Petition CU-94-20 for a third extension of a conditional use for property located on Bailey Lane west of Airport Road, midway between Pine Ridge Road and Golden Gate Boulevard in Collier County, Florida. 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 desired by a member of the Board, that item(s} will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPblENT & ENVIRONMENTAL SERVICES 1) Approval of Commercial Excavation Permit 59.631 "The Club Estates" located in Sec. 10, TSOS, R26E, bounded on the north by PUD (Naples National GC), 4 J'anuary 27, 1998 on the south by an undeveloped PUD (Casa Del Sol G & CC), on the east by County Road 951, and on the west by land zoned PUD (Naples Heritage Golf & CC) and undeveloped land zoned Agricultural. 2) Request to approve the final plat of "Sawgrass". B. PUBLIC WORKS 1) Approve Change Order No. 3 to Work Order WMBP-~-96~ with Wilson, Miller, Barton and Peek, Inc. (Project No. 60061). 2) Reimburse the Chairman of the Marco Island Beach Renourishment Adx~sory Committee for expenses to be incurred in performance of his duties. 3) This item has been deleted. 4) This item has been deleted. $) Petition TM 96-007 for Neighborhood Traffic Management to Traffic Calm Palm Drive within the Glades Country Club, Naples Sunrise and Sunrise III Communities. 6) Recognize, approve and appropriate a portion of Lely Golf Estates Beautification MSTU Fund 152 Reserves for additional maintenance services. C. PUBLIC SERVICES 1) Grant of easement to Florida Power & Light Company upon real property owned by the Board of County Commissioner of Collier County, Florida. 2) Approve budget amendments recognizing carry forward from FY' 97 and grant revenue for Capital projects in the Parks Capital Funds (306,345, 365, 368). D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Line item tran~er request from Gulf Bay Marine Management, Inc. for Tarpon Fishing Tournament, Tourist Development Funds, Special Events. F. BOARD OF COUNTY COMMISSIONERS G. MtSC£LLAN£OUS COm~SPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RE~0RD WITH A(~FION AS Om£CTEO. H. OTHER CONSTITUTIONAL OFFICERS 5 Janua~T 27, 1998 1'/. 1) Recommend that the Board execute the previomly approve State of Florida, Department of Community Affairs, Stop Violence Agxinst ~Vomen Grant documents and approve the related budget amendment. L COUNTY A'FI'ORNEY J. AIRPORT AUTHORITY ADJOURN INOUIRIES CONCERNING CHANGES TO Tile BOARD'S AGENDA SHOULD BE MADE TQ THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383, 6 Safluary 27, 1998 AGENDA CHANGES.. BOARD OF COUNTY COMML~SIONERS' MEETING JANUARY 27t 1998. ADD: ITEM 8(B)(3) - ADOPT RESOLUTION FOR ARCHITECTURAL LIGHTING ON U.S. 41 (DAVIS BLVD. TO AIRPORT ROAD). (STAFF'S REQUEST). ADD: ITEM 8(B)(4) - SELECTION OF A PROJECT DELIVERY METHOD FOR THE NAPLES AND IMMOKALEE JAILS. (STAFF'S REQUEST). ADD: ITEM 8(C)(I) - AMEND CHAPTER 89-449 TO AUTHORIZE PREVIOUSLY PROHIBITED ACTS IN PARKS. (STAFF'S REQUEST). CONTINUE TO 2/3 MEETING: ITEM 16(C )(I) - GRANT OF EASEMENT TO FLORIDA POWER & LIGHT COMPANY UPON REAL PROPERTY OWNED BY THE BCC. (STAFF'S REQUEST). CONTINUE: ITEM 16(E)(I) - NO DATE - LINE ITEM TRANSFER REQUEST FROM GULF BAY MARINE MANAGEMENT, INC. FOR TARPON FISHING TOURNAMENT, TOUPdST DEVELOPMENT FUNDS, SPECIAL EVENTS. (STAFF'S REQUEST). EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY, SIDEWALK., UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE SIX-LANING IMPROVEMENTS FOR AIRPORT-PULLING ROAD (C.R. 31) PROJECT FROM PINE RIDGE ROAD (C.R. 896) TO VANDERBILT BEACH ROAD (C. IL 862), CIE NO. 55; AND REPEALING RESOLUTION NO. 9%360. ~ To adopt a Resolution to acquire by gift, purchase or condemnation of non-exclusive, perpetual road fight-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the six-laning roadway improvements for Airport-Pulling Road (C.R.31) from Pine Ridge Road (C.R. 896) to Vanderbilt Beach Road (C.R. 1162), (hereinafter referred to as "the Project"). CONSIDERATION: On October 28, 1997, the Board of County Commissioners adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance 97-62 for CIE # 55. On April 8, 1997, the Board of County Commissioners adopted Resolution No. 97-198 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and properly interests required and necessary for the six-laning roadway improvement of Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road fight-of-way for the construction of the Project is being more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: The fight-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $728,437 and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and finial judgment for those non- exclusive, perpetual easements referenced in Exhibit "A", required to complete the six-laning roadway improvements for the Project. Funds in the amount of $500,000 are available in: Fund: Cost Center: Project: 331 - Road Impact Fee (District #1) 163650 - Road Impact Construction '62031 - Airport-Pulling Road Project ,/,AN 2 7 1998 Page 2 - Executive Summary-Airport Road A budget amendment is needed to transfer $228,437 from 313 Reserves: From: Fund: Cost Center: Object Code: Fund: Cost Center Project: 313 - Gas Taxes 919010 - Reserves 991100 - Reserves for Contingencies 313 - Gas Taxes 163673 - Surplus Gas Tax Road Construction 62031 - Airport-Pulling Road Project Staff was not able to finalize the cost estimate in time to be incorporated into the budget process for FY9$o GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE # 55. RECOMMENDATION_: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the non- exclusive, perpetual road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the six-laning roadway improvements for Airport-Pulling Road Project, from Pine Ridge Road to Vanderbilt Beach Road; (2) Authorize the Chairman to execute the attached Resolution; (3) Approve the necessary budget amendment. PREPARED BY: ~/~.~ ~'~. ~ Wiima lverson, S~tFnior Specialist Real Property Management Department DATE: · J~REVI EWED BY""~~~' ~ DATE: Micah K. Massarq~~PMp, Froject Manager 0 ffic~i~l~~ M~/~ement REVIEWED BY: I APPROVED BY: DATE:~-/~ Ed Ilschner, Administrator Public Works Division ! RESOLUTION NO. 9~-.. 2 A RESOLUTION AUTHORIZrNG THE ACQUISITION OF LAND BY GIFT, 3 PURCHASE OR CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL ROAD 4 RIGHT-OF-WAY. SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND $ TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE 6 CONSTRUCTION OF THE SIX-LANING ROADWAY IMPROVEMENTS FOR 7 AIRPORT-PULLING ROAD (C.IL 31) PROSECT FROM PINE RIDGE ROAD (C.R. 8 896) TO VANDERBILT BEACH ROAD (C.R. 862); CIE NO. $:5; AND ia REPEALING RESOLUTION NO. 97-360. 10 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted 11 Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement 12 Element o£the Growth Management Plan in order to eslablish priorities for the design, 13 acquisition and construction of'the various capital improvement projects. The Transportation 14 Element of thc County's Comprehensive Plan was.adopted in Ordinance No. 97-62; and 15 WHEREAS, the six-laning improvements to Airport-Pulling Road Rom Pine Ridge 16 Road to Vanderbilt Beach Road is one of the capital improvement projects required under the 17 Transportation Element of the County's Comprehensive Plan; and 18 WHEREAS, the Board oI'County Commissioners, on April 8, 1997, ~pted I9 Resolution No. 97.198 authorizing the County Staffto acquire by &,iR ot pm'ch~se certain 20 casements and/or fee simple title to the property and property interests required and necessary 21 for the six-laning roadway improvements o£Airport-Pulling Road ~'om Pine Ridge Road to 22 Vandcrbilt Beach Road; and 23 WHEREAS, the location for construction of the proposed improvemenLs has been 24 fixed by survey aad is collectively represented by the legal der, cnptions comprising Exhibit 25 "A" atlached hereto and incorporated berlin. 26 WHEREAS, after consideration of the availability of alternate route~ and locations, the 27 compazative costs o£project alternatives, varioua impacts upon the environment, Ioag range 28 planning options, and public safety considerations, the Boant desires to exercise its fight to 29 condemn properly for public purposes. JAN 2 7 1998 I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been delermined by the 3 Board that the construction of the six-laning roadway improvements for Aitport-?ulling Road 4 from Pine l:Lidge Road to Vanderbilt Beach Road, (hereinafter referred to as "the Project') is $ necessary and in the public's best interest in order to protect the health, rafety and welfare of 6 the citizens of Collier County, 7 AND IT IS FURTHER RESOLVED that construction of the Project is putt of thc 8 County's long range planning effort, and is included in the Transportation Element of the 9 County's Comprehensive Plan for Growth Management, as approved by the Florida ! 0 Department of Commtmity Affairs. I I AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative 12 locations for the project, various impacts to the environmental, public safety and welfare 13 considerations associated with the design a~d construction of thc project, and the costs 14 associated with the design, property rights acquisition, and construction ofthe project; and the 15 Board finds that at'ter consideration of these issues, the most feasible location for construction I{5 ofthe proposed improvements is collectively represented by thc legal descriptions comprising I7 Exhibit "A" attached hereto and incorporated herein. 18 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, 19 it is necessary for the Boa.rd to acquire the various real property interests described Exhibit 20 "A" to wit: perpetual, non-exclusive road right-of-way, sidewalk, slope, utility dr~nage, 21 maintenance and tempora~j construction interests by easement. 22 AND IT IS FURTHER RF. SOLVED that all property shall be put to public purpose~. 23 AND IT IS FURTHER RESOLVED that the County ~taffis hereby authorized to 24 immediately acquire by gift, purchase or condemnation in accordance with the provisions of 25 Chapters 73, 74 and 127, Florida Statutes, the above-tefra,ced n~l prol:~ty intere~ more 26 palicula~ly described in Exl~bit "A", attached hereto ~nd incorporated hetda. 27 AND IT IS FURTHER RESOLVED that no mobile homes ate located on the pml:~rty 28 sought to be acquired and therefore it will not be neces.~ty to remove any mobile homes from 29 the property to be acquired. 30 This Resolution repeals and supersedes Resolution 97-360 in its entirety. Page 2 JAN 2 7 1998 2 $ 4 6 8 9 10 12 13 14 I$ 16 17 This Resolution adopted on this . second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: l-l¢~di F. Asbton Assistant County A~tomey · dayof .1998, after mo~ion. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:~ BARBARA B. BERRY, ,JAN 2 7 leg8 ~301 ~ST TAMIAMI TRAIL NAPLES, [LORIOA 34112 i ,"' "' (941) 774-8192 t..'... ~ L~G ON ~ E~T ~G~ OF WAY ~ OF ~ZT ~0~ (~.~ ~NCE NOR~ 2 DEG~ 14 ~ ~ SE~S ~G~ OF WAY LI~, A DIe. CE OF 1~.42 ~; ~N~ ~ ~9 DEG~ ~ WAY LI~ OF S~ A~RT RO~ ~D ~ ~1~ BEGI~ING; ~NCE NOR~ 2 DEG~ 14 ~ ~ SECO~S ~T ~NG S~ UNE LYING ~ · F~N ~ ~ OF ~ ~ ~G~ OF WAY U~ A Ol~ OF 332.~4 ~G~ OF WAY L~ OF ~T ~. A DI~ OF 332.~4 B~NG ~ 02 DEG~ 14 ~ ~ ~NDS p~ 703 A P~~ ~D SU~ ~2406 ,. ~.~ 0 U2, OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ~.o~, '? . . . ~om' :~ ,% N.Sg'51 42 £. 124g.04 . k,,~%,,% in?.~ 'o~ ...]1 ~- ~o.~o'~ .~.~, ~.~ ~ ~1 ' m /~P~C~L 70~ "~'~'%~%~. G~ /s.~9'~'~2'w. O [ // r,u,~ O ~l / 115.08' S E Corner ~j~ . ~ ~l N.W. 1/4. N.E.1/ . _~ , .. ., ' ' 4 m 1220.59 I s.w.1/~, s.~.~/,. ./s.,~'~',~'w. ~.~ & /~ s.~. 2. m.p. ,gS. ~2S0.~ ~/ ~ ~,m .' R~,. ~s~. ~s.m~ ~ 6'~ Sec. 2. Twp. 49 S, Rge. 25 GENERAL NOTES l) P,O.C, Indicates Poln~ oF Commencemen~ 2) P.D,B, Indicates Poln~ o? Beginning 2) Sec. Indict&es Section 4) Tep. Indlco~es Toenshlp ~) Rge. Indicates R~nse 6) R/~ Indicates Right-oF-way .. ... 7) A~& dis~oncem ore In ?ee~ ~nd declmo(s ~hereo? B) B~sls oF bearings Is ~he Wes~ R/W (lne oF AIrpor~ Rood being S.02'I4'O0'E. 9) No~ voild unless signed ond sea(ed elth ~he embossed sea( oF ~he proFesslonot land surveyo~ THIS IS ONLY A SK~CH ~'~ ~T TO SHE~ 2 ~.2 SCALE 07-0~-97' AR-703 ~ ~.-' · · .LEGAL OFFICE OF C~IPITAL PROJECTS · EAST TAM[AMI IRAH NAPLI-'$. I:LOR[OA 341 ]2 OESCRIPTION {NOT A SURV~"Y) P~OJr. CT HO. ~, ~'O~ [ PROJECT PN,tCEL NO.. 70~ B ~x P~C[L ,0. O 0,5. ~ ~'o ~ o c, o') COMT,,t]ENCmG AT THE SOLFrHEAST CORICER OF SECTION '~. TOWNSHIP 49 SOUTI-I, RANGE 2.5 EAST COLLIER COUNTY. FLORIDA, SAID I~'OINT OF COI~,4~NCEN~NT ALSO LYING ON TI-{E EAST RIGHT OF WAY LINE OF AIRPORT ROAD (C. It 3 i); NORTH 2 DEGREES 14 MINUTES 00 SECONDS WEST, A DISTANCE OF 1049.41 FEET; T'H~NCE soLrrH 89 DEGREES 51 MINUTES 42 SECONDS WE. ST, A DISTANCE OF I tS.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING W~ ALONG SAID LINE, A DISTANCE OF 12]S.67 FEET; THENCE NORTH I DEGREE M1NIIT'ES 50 SECONDS WEST, A DISTANCE OF 130.00 FEET MORE OR ~,TO THE SO~ CORNER OF THE NORTHWEST QUARTER OF ~ NOR'T'IJEAST QUARTER OF ~ SOU'TTfWEST QUARTER OF THE SOUTHEAST QUARTER OF AFORF. SAID SECT1ON I'I.IE~CE CONTINUING NORTH ALONG SAID LINE, A DI~I'ANCE OF IS.IX) FEET; TI-IE~CE NORTH SS DEGRE"E~ 02 MINu'r'F~ l0 SECONDS ,~.A~T, A DISTANC~ OF 1S.00 FEET; THENCE SOU'FI-I I DEGREE $? MINUT'E~ SO SECONDS EAST, A DISTANCE OF 130.S FEET MOR~ OR ~; THENC~ NORTH I~ DEGRF. F~ 51 ' MINI. FrES 42 SECONDS EADr, A DISTANCE OF l:?JOJ9 ~ THI~CE SOUTH DEGREES 14 MINUTES 00 SECONDS EAS'r,ALONG A LINE LYING FEET WEST OF THE WEST RIGHT OF WAY LINE OF SAID AIP, I~:~T ROAD A DISTANCE OF I~.01 FEET TO THE POINT OF BEGIICNIN(J; ,%AJD DE,,~BED'TRACT CONT,M'NtNG 0.4'2O AO~,E (20,4~ S(~UARE ~ MO~E OR I,ESS. BASIS OF BEAR.INGS IS THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD BEING NORTH 02 DEGREES 14 MINUTES 00 .~ECOND$ PARC"El, ?03B ! !' .! OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION 15.01:~ ~ , ~ ~N.gB'O2'IO'E. PARCEL 703~" 1~.~ ~ ., . ~PARCEL 703~ ~ ~ ~ S.89'51 Sec 2 Twp 49S 125068'J / / .... · llj12 p.o.c. GENERAL NATES l) P~.C. h~cates Point oF Commencement 3) Sec. Indicates Section 4) T~p. Indicates Township 5) Rge. Indicates Range 7> Att distances ~re In ~ee~ ~nd declmGls 8) Basis o~ bearings Is t~ Vest R/V II~ of Airport Rood being S.02'14'00'E. 9) Not vGtld untess signed and seated with the e~ssed seat o~ ~he p~o~esslo~[ [~nd s~veyo~ SCALE 07-08-97 PR-703B SH~ OFFICE OF CAPITAL PROJECTS · 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ([941) 774-8192 ':~ PROJ£Cr PARC~L NO. ~1,~(~)._~ !.'..'' ,~x P~Ca. ,o. ~ o ~ 'a m ~ '/~ ~ o7 , LEGAL DESCRIPTION (NOT A SURVEY') ' ..-.:. CC~V~,ENCING AT THE SOUTHEAST COLLIER OF SECTION 2~ TOWNSHIP 49 SOUTH~'' · ... · RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT 3d.~SO LYING ON THE F_.~T RIGHT OF WAY LINE OF AIRPORT RO~D (C.R. 311; ~.'. ' ' THENCE NORTH 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID EAST '.' RIGHT OF WAY LINE, A DISTANCE OF 1049.42 FEET; THENCE SO{JTH $9 DEGREES ..... -...:.-. 51 MINUTES 42 SECONDS WEST, A DISTANCE OF 100.07 FEET TO THE WEST RIGHT OF WAY LINE OF SAID AIRPORT ROAD AND THE POINT OF BEGINNING; .;' .'..-< THENCE NORTH 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID WEST "-.>....":i. RIGHT OF WAY LINE, A DISTANCE OF 347.75 FEET; THENCE SOOTH 89 DEG~.EES ~ .. ' ."'3';..:,. 51 MINUTES 42 SECONDS WEST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 2 I ' "..-:.],",'~'9 WEST, AS MF. ASURED PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE OF: ..... AIRPORT ROAD, A DISTANCE OF 347.75 FEET; THENCE NORTH $9 DEGREES 51 MINUTES 42 SECONDS F_.A~T, A DISTAl;CE OF 15.01 FEET TO THE I~OINT OF' BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.120 ACRE ($215 SQ[JA~ . .. FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NEST RIGHT OF WAY LINE OF A/RPOi~T ~ BEING SOUTH 02 DEGREES 14 HINUTES O0 SECONDS EAST '' ::" PAI~E,L 803 '' 4z/,.v-z..zJ '""' · PRO~.~$10~I. t.~lO SU~fO~ 1112406 cou~ cO~,T~ oov~ CO~.U~ JAN , 3..301~a~eTR~,IIAMI TRA/L NAPt.~S, FLORIDA 3411 I~. 8 OFFICE OF CAPITAL PROJECTS 3.301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 / i " SKETCH OF DESCRIPTION / . 15.01'.'~ ~ -N 88'02'10'E PARCEL 703-z~JII N.W. 1/4, N.E. 1/4, g -'~ .......... ~ I~ s,~. 2, Twp. ~s. :2s0.~s'-' ,,j.// I ".'..o_ Rge 25E ..... / i ~,l~. · . p.D.]~...j , ~'w $.E. Sec. 2. Twp. 49 S, i' Rge. 25 E, ; GENERAL NOTES ..! 1) P,n,C, Indlc~tes Point oF Commencement E) p,B.B, Indicates Point o? Beginning 3) Sec, Indicates Section 4) T,p, Indicates Township 5) Rge, Incllc~tes R~nge i '.. 6) R/~/ Incilc~tes Right-oF-way 7> All distances ~re In Feet ~nd decimals thereof ~ : 8) ]~o. sIs oF bearings Is the Vest R/V tine o? , Airport Rood being S,02'14'00'E, 9) Not ruud untess signed ond se=[ed with the embossed :. . se~t o? the pro?esslonmt ~and surveyor : .. THIS IS ONLY A SKETCH NnT Tn SHEET z OJ=Al SCALE 07-0~-e7 ar-803 2 ~ 1998 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAlvll TRAIL NAPLES. FLORIDA ,34112 (941) 774-8192 P. OJ£CT NO. ~2~-~ PROJECT PARCr. L NO. TAX PARCEL NO, Oe LEGAL DESCRIPTION (NOT A SURVEy) draina~,e easement. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH. ]~.ANGE 25 EAST COLLIER COUNTY, FLORIDA,SAID POINT OF COMIvlENCEJeIE3Fr AL,~3 LYTNG ON THE EAST P. JGHT OF WAY LINE OF Alii. PORT ROAD (Cji. ;11); TTIE. NC~ NORTH 2 DEGREE. S 14 ~,LINU'rE$ 00 SECONDS WF. ST, A DISTANCE OF 1949,41 FF_ET: THENCE SOUTH 89 DEGI~F_F$ 51 IvIINUTE~ 42 SECONDS WF. ST, A DISTANCE OF 115.08 EEET TO THE POIN"i' OF BEGINNING; THENCE CONTINUING ~.5'r ALONG SAiD LINE, A DISTANCE OF 1235.67 FEET; THENCE NORTH I DEGII~..E 57 I~JNU3'ES ~0 SECONDS WEST, A DISTANCE OF 1;10.00 FEET MORE OR ~T{:) THE SO~AST COP. NE~ OF THE NORTHWT. ST (:~JARTER OF THE NOR11~ (~JARTER OF THE SOUTHW~..ST QUARTER OF THE SO~ I~tARTI[E OF AFOtlE~AID SECTION i 5.00 FEET; THENCE SOUTH I DEGREE 57 MINLrrT~ ~0 SECONDS EAEr. A DiSTANCE OF 130.5 FEET MORE OR LESS; THENCE NORTH ~ DEGI~FF$ 51 MINUTES 42 SECONDS EAST. A DISTANCE OF 1220.59 FEET; THENCE SOUTH 2 DEGIH=F$14 MINUTES 00 SECONDS EAST.ALONG A LINE LYING FIFTEEN (15') FEET WEST OF THE WEST RIGHT OF WAY BNE OF SAID AIRPORT ROAD A DISTANCE OF 15.01 FEET TO THE POINT OF BEGINNING; SAID D~ED TRACT CONTAINING 0.470 ACRE (20,4U SQUARE FEET), MORE QR LESS. BASIS OF BEARINGS IS THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD BEING NORTH 02 DEGI~FF~_ 14 lvHNUTES 00 SECONDS WEST. PARCX[L ~03 B OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (94.1) 774.-8192 SKETCH OF DESCRIPTION l . ' 5.o1 -~ ~ ' PARCEL 803 ~ PARCEL 803~ ~1 ~S'89~1'42'W' 1/4 S E 1/4 ~S.89'51 42 W. 1235.67 Sec, 2. Twp. 49 Rge. 25 E. GENERAL ~TES '" 1) P~.~ ~c~tes P~t o? C~e~nt ~) P.D.B. ~dlc=tes Point o? 3) Sec. Indicates Sect~ ..,~ 4) Twp. InStates Towns~ G) R/V ~dlcotes Right-of-way , ') 7) A(t dlstonces ~re In Feet o~ dech~Ls t~reoF B) ~=sls of be=r~gs Is t~ Vest R/V l~ o¢ ... Airport Ro~d berg S.02'14'00'E, . 9) Not vo[Id unless sl~d and se=led elth the se=t of the proFess~n=t ~=nd su?veyo¢ ~lS IS ONLY A SK~CH ,.. 8 B 2". OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 33962 . (813) 774 -8192 PROJECT NO. ~.O.~ I i · ' PROJECT P "CEL .0. 704 T~ PARCEL NO. 0023T400004 : SK~CH OF LEGAL DESCRIPTION (NOT A SU~) TEMPORARY CO~STR~CTION EAS~ENT LEGAL DESCRI~IO~ ) " ~ , .~C ..~ The West l~n (10') ~eet of the East 25 feet ofth~ follo~ng descd~ pardi; : CO~C~G at the Southe~t ~mer of S~tion 2, T49S. ~5~ Colli~ C~nty, Florida; ~ce~ongthe~li~or~idS~ti°n2, N°~h2e' 14' 0" West 1397.16 feet for the PO~T OF BEG~O: t~ce South 8~ ~1' 42" West 702.~8 f~t; thence : ' ~ong North and P~lel to the W~ line of the ~ ~lfo~the S~t~ ~a~ o~ ~id S~tion2, North I° 57' 50" We~ 310.94 f~;th~No~hS~ 51' 42" ~1 702.58 f~;~hen~ ~10ngthe~lineof~d S~tion 2. South2~ 14' 0" ~ ~10.94 f~lo ~ .... :; ,. the PO~ OF BEG~G; 5 acr~ more or l~s. .- ' · · . · D~ r~orded in O.~ B~k 171, Page 112, ~blic ~rds ofCol~ C~, Rofida. . ; :. B~is of B~fings is the ~st line ofS~tion 2 ~ng N 02' 14' ~" W. · '"; "' , /~..:~"' . . ..' ,:[~' .. ~'. . , D~WN ~: GE~GE R. R~HM~O ' - ... CHECKED ~' PROFESS~ ~D ~YOR.12406 ?"~:'- FILE NO: Ogg~K OF C~l~ PR~KCTS SHE~ 0 OFFICE OF CAPITAL PROJECTS '.,. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 : (813) 774-8192 ; SKETCH OF DESCRIPTION . I N.89.51'42"E. 702.58'-'---~ ~-pRgPOSED EASEMENT (46SU) ; ' ' 587.58' ~ ~.~ ' ~, : 310.04' S.gO'51'42'W. 702.5~' ~ PROPOSED EASEMENT (461)~ I~ 1~.~' ; " '.. I0' I~:0~ ~ ~POC I ' 4) Twp. ]nd;co~e$ Township 6) R/~ ~nd~c~Rs Rmgh%-o~-w~y 7) A[{ dlstonces'~re In Fee~ and decimals ~hereoF 8> Bosls oF Bearings Is ~he East Une oF the ~eCtlOn being N.02'[4'00'~. . 9) Not v~i,d unless sloned and se~ied -,th the embosS'ed.'----' ----~.~ se~l oF ~he proFesston~t I~nd surveyo~ ~.__ . . " , THIS IS ONLY A SK~CH , JAN 2 7 1998 ,i NOT TO 04_17_q~ a~ SHE~ ~2 , I :. 704 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES. FLORIDA 33962 (813) 774-8192 PROJECT NO. ~ ~ 0 ~ ! Pr~OJECT P~CEL NO. ~t,W ~k TAX PARCEL NO. 0023?400004 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) ~:~vJ, D, LK,, DRAINANGE, UTILITY AND MAINTENANCE EASEMENT LEGAL DESCRIPTION The F~st £u%cn (15') feet of the following described parcel; CO,Vu~,~.NCFNG at the Southeast comer of Section 2, T49S, R2$E, CoUier County, Florida; thence along the East line ofsaJd Section 2, North 2e, 14' 0" West 1397.16 feet for the POl~rl' OF BEGI:NNING: thence South 89" 51' 42" West 702.58 feet; thence along North and Paralld to the West tine ofthe East half of the Southeast quarter of said Section2, Nort~ l' 57' 50" West 310.94 feet; thence North 89" 51' 42" E. tst 702.58 feet; thence along the East line of said Section 2, South 2' 14' 0" East 310.94 feet to the POSIT OF BEGINNING excepting the Easterly most 100 feet havin8 heretofore been conveyed by Wtrra~ty deed recorded in O.R. Book 171, Pase 112, Public Records of Collier County, Florida. ContaL'~g 4664 ~uare feet more or less. Basis of Bearings'is the East line of Section 2 being N 02° 14' 00" W. P-,-ce~ 46su (~4 ~] S~ ! or2 SCALE:.,. DRAWN BY: CHECKEO BY: FILE NO:. REVISED: PROFESSIONAL La~ND SURVEYOR 12406 :' .,': ' OFFICE 0¢ CAP1TAL PROdECTS , COLUER COUNTY GOVERNMENT COMPLEX 330~ I~ TAML~Ut ?RA~I~ NAPLES. rLOmDA 3396 , OFFICE OF CAPITAL PROJECTS ,, (81,3) 774-8192 ~.%~. \ ~,~. : SKETCH OF DESCRIPTION II ,5 ."- '.,. 1-15'°°'1- ;': ~ ' ;:.'"~ I~.~* ~ . ~.~., * N.89'51'42*E. 702.58' I~ ~PR~POSED EASEMENT (46SU) "- ~:..':~ 587.58' ~.~ "' - - ~ ~ (~4A) ;~. ":~;'~ ~.fl.B. ' '. -. s.o~'57'5o'w. 5~.5~' /~ ~ '~." :~.. :' ~10.~4' S.~0'51'42'~. 702.58' ~ ~ x ; ., PROPOSED EASEMENT (46T)~ m~ ~. .:... ~g ~-~,.....' ~ P.B C. I ' I S~heast C~ner I Secti~ 2, Twp. 49 S, I Rge. 25 E. I GENERAL NBTES .' I) P.B.C. Indicates Poln~ oP Commencement . 43 Trap. Indlc~te~ Tomn~hlp S) Rge. Ind)c~tes Ronge . .'' 6) R/V Indicates Rmght-o~-,~y ; .~' 7) A~t d~stonces o~e m ~eet end dec)nols ihe~eo~ 8) ~os~s o~ ~eo~ngs ~s the E~st I)ne oP the Sect)on ~ . being N.O~'I4'OO'W. _ ' se~( oF the professional Imnd surveyor ' THIS IS ONLY A SK~CH I I OF£ICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA .33962 : '.:~ (81.3) 774-8192 p~o;[c~ ~o.. ~ .o.. 804. T~ P~CEL NO. o~lgannnna : ,., D~ZNAG~ U~Z~Z~Y ~D HAZ~EN~C~ ~K~CH OF LEG~ DESCRIPTION (NOT A .SU~) ' LEGAL D~C~ON : ' ~ North 16 r~ o~the rollo~ns d~H~ ~ .. '~.' Northly dons ~ ~ ~ or,d S~on 2, N 02* 14' ~" W, 1398.08 f~, S S~ Sl" 42- W, 702.5S ~ to t~ Po~t orB~ ~ cmfi~ S 42" W, ~6.5~ f~ lo t~ W~ ~e oft~ ~t !~ oft~ SE i/4 of S~on 2, T~, : ' ' : ' 49 S, Rge. 25 E; th~ No~y ~ong ~d West ~m N 01' ~7' ~0" W, 970.78 f~, . .. . t~ NS~ 51' 42" E, 584.45 f~tt~S02* 14' ~E, ~.~f~,t~ NS~ 51' 42"' E, 58.~f~,~n~ SOl° 57' 50" ~ 310.89 fm to the P~t of B~g. Con~ 9351 ~uue f~t more or less. ..' B~IS OF BERG: ~t I~ of the Southw~t i/4 ~ (~m ~ng ~t ~ght~f- wayofCo~Ro~3l),~g No~h 02° 14' ~. W~. · ~ ., ~0~a ~ '. '" : ... ';- '[~ . , .. ' .- :. '.:: .:' :'. ' ~' ~.~. %' . , · .:' . · : S~E: .o -.' .... : .. DRAWN ~Y: ~: _ OA~E: CH[CKEO fly: E~GE ~.' R~CHMONO R~SED::' Orr~CE ~ ~T~ ~EC1S COLUER COU~ G~N~ENT C~ ' SHE C OFFICE OP CAPITAL PROJECTS ,:3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 55962 (941) 774-8192 PROJECT NO .... ~, SKETCH OF DESCRIPTION TAX PARCEL NO .... 0 oLl=~q- ~ N89'51'42"E :' / 58.96' .' ..,. 0 :: ~ 589'51'_~"_49w m· S89'51'42"W ," .' 'L II 646.53' P.O.B. 702.58' ~ " .'..'; ~1 .J .. THIS IS ONLY A SKUCH P.O.C."~. OFFICE 0£ CAPITAL PROJ£OT$ PROJECT PARCEL NO.. 106 A : TAX PARCEL NO. 0~2~796o007 :J SKETCH OF' LEGAL DESCRIPTION ('NOT A SURVEY') ,. *:: ROAD R.IGHT-OF=WAYt SiD£WALKt UTILITYt DRAZNAGI~ ARD ! '*' ': ... ~AI NTENARCE EASEMENT " WaY L~. A DI~ O~ 170~. 10 ~: ~N~ ~ ~9 D~O~-~ $1 .- . O~ WAY ~ O[ S~ ~RT RO~ ~ NO~ 2 D[G~ 14 ~ ~ ~ " .: ~RT RO~ ~ ~ ~ ~G~ OF WAY ~ OF~ ~M D~; , ,- · ~ DI~ OF 16.~ ~; ~ ~ ~ DE~ ~1 ~ 42 ~S : S~ ~ ~G~ OF WAY ~ ~ O~GE ~ D~ A DI~ ~ ~ '" ~.~ ~;~ ~0 D~ ~ I[~~,A ': ::"'"" . . , ., ~ ~O ~ ~ ~ ~ WAY ~ A Di~ ~ ~.~ ~ ~ ~.. '"' -.'~ ~ ~ ~ ~G~G; ~ D~ ~ ~~O O. I]2 A~ ~. ' ' . "'~ . "' B~IS ~ B~NGS IS ~ ~ ~ OF WAY ~ ~ ~T RO~ ' ' ...' ': BErG NOR~ 02 DEG~ 14 ~ ~ SE~S ~. P~ I~A .. ~ . f · ...... :. *:..f =.,~ ...~. ~. .... ~, ~' o " '* ' :" GE~ ~. ~{CHMOND -~,~ r- '/'- ' '*'A.' c cn cou c n.u .- s. u ..., OFFICE OF' CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION WEST R/W UIqE-~. SR-$-31 EXIST. ORANGE BLOSSOM DI~. R/W ' N.89~l'42'E. 660.00' I 560.00, 500.00' o ~ ~S.E. Corner p,o.C,~Sec.' 2. Twp. 49 S ~ B~K 519. Rge. 25 E. i PA~ 985 I GENERAl_ NDTES , 1) P.D.C. indicQtes Point oF Co~nence~ent ~) P.D.9. Indicates Point o¢ 9eoinnin9 3) Sec. indicates Section 4) T~p. [ndic~tes Township 5) Rge. indic~tes R~noe 6) R/~ Indicates Rloht-o¢-~y 7) A[t distances ~e In Feet ~nd deci~ls thereof ~) ~sis oF beQ~l~os Is the ~est R/~ line o¢ Aicpo~t Ro~d beinO N.O~'I4'O0'~. 9) Not vQ[id unless sloned ~nd se~te~ ~lth ~he e~bossed se~[ o¢ the pco¢esslonel lend sucveyon THIS IS ONLY A SK~CH NOT TO SHED ~F 2~i .' 8 8.'2 0££IC£ OF CAPITAL PROJ£CT$ "'~ .3,301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 : (941) 774-8192 · PROJECT P~CEL NO. LEGAL DESCRIPTION (NOT A SURV~) ~AINTENANCE EASEmEnT CO~NC~G AT ~ SO~ CO~R OF SE~ON 2, ~S~P 4g ~O L~G ON ~ E~ ~G~ OF WAY LINE OF AI~KT RO~ (C.~ ~NCE NOR~ 2 DEG~ES 14 ~ ~ SECONDS ~ ~NG SAID ~g~ OF WAY LI~, A DI~AN~ OF 170~.10 ~; ~N~ ~ $9 DEG~P~ '. 51 MI~S 42 SECO~S ~ST, A DISTAN~ OF 1~.07 ~ TO ~E ~ :. ~O~ OF WAY LI~ OF SAID AleRT ROAD; ~ENCE NOR~ 2 DEG~ 14 · ' I~E~iON OF ~E EA~ ~G~ OF WAY LINE OF AleRT RO~ A~ ~ ' . ' ~ 42 SE~S ~ ~NG A ~ LYING 20 ~ ~ ~~ "." r.. .'. ~....:~. · . ~. ~ .',' ,: B~G NOR~ 02 DEG~ 14 ~ ~ SE~S ~. ' .... ./ ,. · ~ .~";~l':l~.,. '.':.~ . ~'.'r;','.?' ;" ; P~O~SS~N,~ [AND SURV~'YOR 124'06 ':": .v... : .o.--- OFFICE OF CAPITAL PROJECTS COL~. COOn ~.~.M~rt cOU'~zx ., 8 B 2~ ; OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION WE:ST R/W LINE:-% . : EXIST. ORANGE BLOSSOM DR. R/W ~~ ~j :~ LPARCEL IO~B 8 v-- o~ ~ .. PA~ 983 GENERAL ~DTES i) P.D.C. indicotes Point o¢ Commencement ~) P.D.B. indic=tes Point o¢ ~e~innlng 3) Sec. Indicotes 4) Twp. ]ndic=tes To.nshlp 5) Roe. Indlc=tes R=nge '.. 6) R/V indlc=tes 7) Ail dlstonces o~e in Ceet ond decl~ois thereof 8) ~osls oF beo~lnos Is the Vest R/V line o~ Al~poct Ro=d being N.OE'[4'OO'V. 9) Not v=[Id untess signed ond seoled .Ith the e~bossed se=[ oF the p~oFesslonot tonal suCveyo~ ~ ~~- THIS IS ONLY A SK~CH JAN ~T TO 'OFFICE OF' CAPITAL PROJECTS 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 P~oa£cr NO: /., .~ o : PRoJECT PARCEL .O.- , TAX PARCEL NO. 0023'7~60007 i _LEGAL DESCRIPTION (NOT A SURVEY) = TEMPO.~ARY CONSTRUCTION EASEMENT 'i CO~]v(ENCING AT THE SOUT}{EAST COP, b~R OF SECT]ON 2, TOWNSH{P 49 SOUTH, : RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COIvl]VIENa~M~NT ALSO LYING ON ~ F. AS~ RIGHT OF WAY LINE OF AIRPORT ROAD {C.R. ] I); THENCE NORTH 2 DEGREES 14 IvHNUTES 00 SECONDS ~ ALONG SA/D EAST RIO}O' OF WAY LINE. A DISTANCE OF 170{.{0 FEET; TH'FNCE ~ {9 D£G{~EF.S 51 M]Nu'rP~ 42 SECONDS WEST, A DISTANCE OF 100.07 FEb'T TO TI-IH W'r. ST RIOHT OF WAY LINE OF AIRPORT ROAD; TH'~NCE NORTH 2 D£GR,~.S 14 00 SECONDS WEST ALONG SAID WEST RIGHT OF WAY {..{NE. A DI.TrANC~ OF 330.00 FF..ET; THENCE SOUTH {9 DEOR~ES $1 MINUTES 42 ,%ECOND$ WP. ST, A DISTANCE OF l$.00 FEET TO TH~ ImO{NT OF BEGINNING; TI~NC~ NORTH 2 DEGR.EF.~ 14 MINt/]'T.S 00 SECONDS %VE,~T ALONO A {JN~ LY]NO {J ~ %9-~.~T, MP. AS~ PERPENDICUi. AR TO. SAID WP. ST RIGHT O~ WAY ~, A DISTANC~ OF ,310.00 FEET; ~CE SOUTH {9 D£0{!~_~$ $1 MINU'IT~ 42 SECONDS WEST, A DISTANCE OF 10.00 FEE{'; ~CE SOUTH 2 D£OREP. S {4 MINUTES 00 SECONDS EAST ALONG A ~ LYING 25 FEEl' WF.T{',A~ ~ {'~{~"ENDI~ ' TO,SAiD %VE.qT RIOHT OF WAY LINE. A DISTANCE OF 3 FEET; ~CE NORTH {9 DEG{~_~_$ ${ MINUT'r~ 42 S~COND$ EAST, A DIS"{'ANCE " OF 10.00 FEET TO TH~ POINT OF B£OINN{NO; ~ D~ TitACT CONT/JNDCG 0.071 At{~.E O,0~ ,~t/A{~ I~ET), MO{t~ O1~ ~__~_~_ BASIS OF BEARINGS I$ TH£ EAT{' RIG{IT OF WAY LIN~ OF AIRImORT BEING NORTH 02 DEGRt=F$14 MINUTE~ IX) SECONDS WE.ST. PAiU3~ ~ cou., JAN 2 3301 £ TAI41A~ TRA{L NAPtI~, ~ }.:~ :.-,,..~.. 70~ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION / . "' I WEST R/W LINE-~. SR-S-31 I --EXIST. 'ORANGE BLOSSOM OR. R/W i ' ' N.I~9'$1'42'E:. 660.00' 10 "-15,~, ~ '0 0 .-- o~ d .~u~ PARCEL 7o6-/L~ ~ i r P.D.B. o o 'o -o n- . :. 0 C~ . L 660.00' ,oo.o.~4-~ 'i ' S.89'51'42'W. ' - ~-r' ' ' .~i~_ '~" / ~S.E. Corner PA~ 98~ ,. '.?'~ '" . .'~'~.-~L GENERAL NBTES i .... ' D P.O.C, Indict*es Poin* oF Connencenen* ~) P,0.~, Indicates Poin~ oF ~eOlnnlng ": ..'. ".."..' 3) Sec, Indicates Sec*Ion 4) Twp, Indicates To,nshlp 5) Roe. Indicates R~noe '- 6) R/W Indicates Right-ge-way ]" AI~po~ Ro~d being N.OE']4'O0'~. i 9) No~ v~Ud untess signed ~nd sealed ,Ith the embossed se~ oF *he pno~esslon~l land su~veyo~ THIS IS ONLY A SK~CH ~' ~T TO SHE~ SCALE 06-19-97 AR-706 . ~ ~.2 OFFICE OF CAPITAL PROJECTS .~ E 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 ', , P,OJCCT ,0. ~ ~ o $ / PROJECT PARCEL NO. :. . TAX PARCEL NO. 0023796(1007 ~i .' LEGAL DESCRIPTION (NOT A SURVEY) ,,. ... S I~='VJ~L-K ~, DRAINAGE, UTILITY AND HAINTENA~CE EASE/qENT COIv[MENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, .: RANGE 25 EAST. COLLIER COUNTY, FLORIDA. SAID POINT OF COIvOV[ENCE/vlENT : ALSO LYING ON TIDE EAST RIGHT OF WAY LINE OF AIRPORT ROAD (C.~ 31); THENCE NORTH 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID EAXT RIGH'T OF WAY LINE, A DISTANCE OF 1705.10 FEET; TI-LENCE SOUTH [9 DEGREES 51 MTNLrTES 42 SECONDS WEST, A DISTANCE OF 100.07 FEET TO THE WEST RIGHT OF WAY LINE OF SAID AIRPORT ROAD; THENCE NORTH 2 DEGREES 14 : . MI'N~'TES 00 SECONDS WEST AJ..ONG THE WEST RIGHT OF WAY LINE OF SAID AIRPORT ROAD. A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING; ~: TI{.E. NCE CONTINLi1NG NORTH ALONG SAID LINE, A DISTANCE OF 310.00 FEET; :: .. THENCE SOUTH 89 DEGREES 51 MINLFFES 42 SECONDS WEST, A DISTANCE OF S9 DEGREES $1 MINUTES 42 SECONDS EAST. A DISTANCE OF I $.00 FEET TO TEE .--' · mn, rr OF eEc;n,n~o: s,uo O~.mm ~.ACr eO~An~O O. lO? AC~ (4,~47 .' BASIS OF BEARINGS IS THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD ' ' '"" ' ' .. BEING NORT~ 0J DEI~RF~_q 14 MINI/r~ 00 SECONDS WF~T, : ,. ~ ' ~.:~...~':::.i OFFICE OF ~AL PROJECTS..-: :'.' ;.' ' ' OFFICE OF CAPITAL PROJECTS .. 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION W~ST R/W LINE-~. SR-S-31 EXIST.-~RANGE 8LO~OM DR. R/W ' ' ,j ' N.80'$1'4~"£. $~0,00' ~ PARCEL ~06~ ~ ~ i ,' '?--o_ DB 660.~' S.89'51'42'W.  Corner . .~ .... P.O.~. Se=.' 2. Twp. 49 S. ." .~.~ . .. ~.: GENERAL NOTES ..~. ,, D P.0.C. ind~co~es Po~n~ o? Commencement : '~" .... 3) Sec. Ind~cotes Section 4) Twp. Indicates Township '.xT. 5) Rge. indicates Range .'. 7) Att dlstonces ore In Feet and declnots the?eoF .... ~... B) Bosls oF beo?lngs Is the Vest Alepo~ Road bein0 9> Not valid untess signed Grid seoted with the e~bossed seat oF the proFess,o,, Iond su?veyo~ THiS IS ONLY A SK~CH JAN 2 7 1998. ~T Ta 06-~9-97 AR-BO6 SHE~ ~'" ' ' SCALE :': .j : 8 OFFICE OF CAPITAL PROJECTS . 3301 EAST TAMI~MI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. 62051 PROJECT PARCEL NO. 80~ . LEGAL DESCRIPTION (NOT A SUR~ LEGAL DESCRIPTION ~ '..'.:',.:: The East Ten (10') feet of the We~[ Fody (40') feet of ~e ~uthe~st quoder o[ the No~hwest qua~er of the Southeast qua~er of Section 2, Township 49 South, l Range 25 East. Collier County. Florida. P~CEL 80~ I Z '', ' ,~'~' ~ Southeast Oua~er of the ~ ,.' ~ I ,.~ Southeos[ Ouoder of Sect;on '%'h':. ::,~ ~ 2, Township 49 ~uth, Range ~:'::~.~2.~ m :-' 25 East. PROJECT NO. ~,.~e ,', PROJECT PARCEL NO. ill FOLIO NO. Oo 35 S~-~eo~ SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) I DESCRIPTION OF PART OF SECTION 1. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA THE NORTH THIRTY (30) FEET OF THE SOUTHWEST QUARTER (114) OF THE NORTHWEST QUARTER (114) OF THE SOUTHWEST QUARTER (114) OF SECTION 1. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. LESS THE WEST 100 FEET THEREOF. SUBJECT TO ALL RESTRICTIONS. RESERVATIONS AND EASEMENTS OF RECORD (3O') B ^ · :'. 3M)IE. TAJvIIAJ~'I'P. AIL ~.~...... · .... . · '; NAI~J~_.FL~A~Ii2 ~.~:.~- ": .':','"' :":."" · NOT TO SC, NE ~' ' ' .. ' - !~.~ .,-----" PROJECT NO. /o PROJECT PARCEL FOLIO NO.~O o ~ 9J~. SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) DESCRIPTION OF PART OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA THE SOUTH 30 FEET OF THE NORTH SIXTY (60) FEET OF THE SOUTHWEST QUARTER (114) OF THE NORTHWEST QUARTER (114) OF THE SOUTHWEST QUARTER (114) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. LESS THE WEST 100 FEET THEREOF. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD ca~ RM (~001 :I:1! ! i Sl:~n Ijnl (~ ~, i SOU~ Erie d N ~ d N ~ d $ ~ d'~lc~a h -? ....... ~. ........ ~ .............................. ~ ............................................................... I oo ."i.. :' .'.. ,.': ROAD RIGHT-OF-WAY, PROJECT NO. ~2o~ 1 PROJECT PARCEL NO. I t ~. FOLIO NO. 002:~$28ooo6 SKETCH & LEGAL DESCRIPTIOI~ (NOT A SURVEY) SIDEWAY-K, UTI~-ITY, DRAINAGE AND ~AINTENANCE F-AS£MENT ! DESCRIPTION OF PART OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA THE SOUTH 70 FEET TOGETHER WITH THE NORTH 20 FEET OF THE SOUTH 90 FEET OF THE WEST 250 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (114) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 1. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. LESS THE WEST 100 FEET THEREOF (CANAL RIGHT-OF-WAY). SUBJECT TO ALL RESTRICTIONS. RESERVATIONS AND EASEMENTS OF RECORD I' ~ I I I I I I , : ! I : ; I I I ; . I I ; . ! ! o : ' C~M RW~ (lC~ OFFICE OF CAPITAL PROIECT$ 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 35962 (813) 774-8,192 A SK~CH OF LEGAL DESCRIPTION (NOT A SU~) ~c South ~drof~e West T~ (10') f~ of~ ~ 2Y oft~ foUo~ d~ p~l; the Sou~h ~ of t~t pm oft~ 2~ ~t, Collier County, ~odd~ de~ ~ follom; Co~ ~ ~ N~t comer of S~tion 2, To~p 49 S~tk ~Be ~5 ~, Co~ ~. ~; t~ ~ong the ~st li~ of ~d ~ion 2, S~ 2 Cont~i ~5 Sq~e f~ more or P~I 43TS ~I3A) S~t I or2 Bnis of Bmp is the ~ Hue orS~on Lgl~pa8. 030 FILE NO: R~ISED: COLLIER COU~ G~RNMENT COMDEX SHE 8 'Tt A OFFICE OF CAPITAL PROJECTS ,3.301 EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 I SKETCH OF DESCRIPTION 1 ...... EASEMENT Rge. 25 E. ~ ~' I ~ ~ ~' ' '"' EASEMENT (4~) J ' GENERAL ~TES . 2) P.O.B. Indicates Point o? Beginning .. . . ~...: 3) Sec. Indicates Section G) R/V Indlcotes Rlght-o?-eoy 7) Att distonces o?e In Feet ond decl~ot~ ~he?eo? B) Bosls o? Be~rlngs Is the Eo~t line o? ~he Section 2 :......~j~ being S,02'~4'00'E ...... · 9) No~ v~tld ~tess sl~ed ~nd seoted .Ith ~he e~bossed se~[ o? the pro?ession~t to~ su¢veyo? ~.~ TH~S mS ONLY A SK~CH JAN SCALE 10'1B-96 43 , 8 B' 2I OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA $3962 (813) 774-8192 p.oJccT .o..i e203~ ~CH O~ L~G~ D~SCRIPTION (NOT A 5URV~) '~ ... D~INAGE, UTILITY AND MAINTENANCE EASEMENT JJ " , LEGAL DESC~[ON ~ .. The South H~fof~e ~st ~R~ (1 ~') F~t of the rollo~n8 de~ pardi; ' -' T~t p~ of~he ~t ~ofS~on 2, To~p 49 Sout~ ~ge 2~ ~, Coi]~ County, ~o~da, d~ u follo~; Co~n8 ~t the No~b~t com~ of S~ion 2, '. West I~.08 f~to~eWm~tofWaylineofSmeRoad3l ~ngR~d),~ . "~ the PO~ OF BEG~O ot~ p~i h~n de~n~; .- 1989.05 f~; t~ ~ 8~ ~1' 40' W~ 5~.33 fro; ~ No~ 2· 13' 05" P~ceI43SUS ~&J~ A~ S~ 1 D~WN flY: ~GE-~. RICHMOND F~LE ~: PR~ESS~ ~0 SU~OR ~2406 R~SED: OFF~E Or ~T~ PR~ECTS .:;. .:: 813A OFFICE OF CAPITAL PROJECTS .3.301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 I SKETCH OF DESCRIPTION I · , ' P.O.C. . ('?13 B"~soo' "-~' Northeast Comer of EASEMENT (43TN)~I- Rge. 25 E. ~ ~ ~EASEMENT (43SUN) / '- EASEMENT (43SUS) . . GENERAL NOTES : I) P,D,C, Indicates Point oF Commencement 2) P.O.B. Indlcc~tes Point oF Beginning :3) Sec. lndlco~ces Sec~clon 4) Twp. [ndico~ces Township 5) Rge. indlcQtes Rcznge 7) AtE dls(~nces ore In Feet ond declmols ~hereo? : ,' B) B~sls oF Beorlngs Is the E~st line oF the Section 2 9) Not v=Ud untess slgn. d =nd seated .Ith the embossed se=[ oF the proFesslon~[ [=nd sueveyo~ THIS IS ONLY A SK~CH lAN 9 1 1~98 '., SCALE tO-re-96 43 OFFICE OF CAPITAL PROIECTS 3.301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,3962 ' O1' (813) 774-8192 " PROJ£C? NO. 62031 PRCUrC . C¢L .o. '"/1"'% 13 FOr, ID NO. ; 002381 20008 .' SKk-rCH OF LEG,q. DESCRIPTION {NOT A SURVEY) ' TE~IPORARY CONSTRUCTION EASF~-NT LEGAL DESCTIPTIO~ " ' Tl~ No~h l-Ld/'ot'The W~t Tm (lO') te~t ottl~ F.~ 2~' of'the foilow~ d~,cn'b~ : ": · p~cel; the South ½ ot that pal ot'the East halfo£Section 2, Town~ip 49 South, Eanse 25 East, Collier County, Florida, described u follows; Commencin8 at the Northeast i · comer of Section 2. Township 49 South, Ra~e 25 East. Collier County. Florida; thence i..~ along the F.~t lin~ o1' raid s~:tion 2, South 2+ 13' 05" ~ 1519.69 Fe~; ~ ['.'. 'i '. North 89' $9' 01- West 100.08 Feet to the Wes~ Right of Way line of State Ro~d 31 , (Pulling Road), ~nd th~ POINT OF BEGINIqlRO ofthe p~c~! I~-~'~ d~n'l~l; ' '":"' 'I'hen~onsth~W~tRiSht of W~,li~ofSt~teRo~131, South 2' 13' 05" E~ .. 1989.05 f~; th~aae.~ South 8~ $1' 40" W~ $00.33 f~; fl~mo~Nor~h 2' 13' 05" ~' · :..:.... · '.....;.....,,,:g W~t 1990.~1 f~; ~ South $~ $9' 01" ~ $00.35 f~ ~o tM POINT OF : .. · BEGINNING. "' . ...... ; ... Cont~inin8 9945 $qua~ £eet more or i~. :~ ...... ::'}'" ': :. ''.. 4]TN : . .;.....:.:.~<. ..: :i ....~. Basis o£Bestin~s is the East ~ ot'Sectlon 2, ~ South 02° lY OS" East. ,....,.~;: .:..,:: · . : ." .' .: '".' '': · i '. ~' .... ".:"- -,. ~-., . '.';~,: t ~.a;-'. ': ~- ' .' .,,-.. (.%, -~,:.. - . . .. . .,:.*.; CHI~CKED BY: PROF*[S~ ~ SURVL~0~ 12406 .: · FILE NO:. REVVED: OFF~C£ OF' CAPITAL PRO~CTS · ~--- · * 8 B'"21 OFFICE OF CAPITAL PRO'JECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 I SKETCH OF DESCRIPTION ~"71~J I~,*'~I$OO'_ ~ Northeast Cor~er of  Section 2, Twp. 49 S, EASEMENT (43TN) Rge. 25 E. 500.3~! ~ ~ EASEMENT (815(43SUN)~) . 'o ~\___ .-' EA~UENT (43TS)J EASEUE.T (43SDS) GENERAL NOTES ~) P.D.C. Imdico~es Poln~ oF 2) P.O.B. Indicates Point o? De~l~lm~ ~) Sec. Indicates Section : 4) T.p. In~co~es Toenshlp : i'. '. 5) Rge. ~dlcotes R~nge :. 6) R/~ Indic~es Right-oF-way 7) Alt distances ~e In Feet ~nd dec~ls thereof . B) Basis oF Bearings Is the East line oF the Section 2 : being S.02'I4'00'E. ' -. g) Not votld ~tess sl~ed Grid seated elth the embossed ~ se~t oF ~ p~oFess~t to~ s~veyo~ ~,~~~. THIS IS ONLY A SK~CH JA.~ - ? ~ 199.8 sc~[ tO-tS-% 43 - _ , 8 B 21 3301 OFFICe' OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 (813) 774 -8192 PROJECT NO. 62011 PRoJEcT P^RCEL .O._ m~o .o. 00238120008 .SKETCH OF LEGAL DEscRIPTION (NOT A SURVEY) DRAINAGE, UTILITY AND MAINTENANCE EASEHENT LEGAL DESCRIPTION The North Half of The East fifteen (I$') Feet of the following described parcel; That part of the East halt'of Section 2, Township 49 South, Range 25 F..~, Collier County, Florida, described as follows; Commencing at the N~ comet of Section 2, Townslzlp 49 South, Range 25 East, Collier County, Florida; thence along the East llne ol' sa~d section2, South 2° 13' 05" East 1589.69 feet; thence North 89° 59' 01" West 100.08 Feet to the West R~ght of'Way line of State Road 31 (Pulling Road), and the POINT OF BEGINNING of'the parcel herein described; Thence along the West Right of Way line of State Road 31, South 2' 13' 05" East 1989.05 feet; thence South 89° 51' 40" West 500.33 feet; thence North 2° 13' 05" West 1990.41 feet; thence South 89' 59' 01" East $00.38 feet to the POl'NT OF BEGINNING. Containing i 4,920 Square feet mom or le~. Basis ofbearing is the Fast line ol'Section 2 being South 02° 13' 0Y' Fast. Parcel 43SUN C~I~ la.'~ Sheet I of 2 _._.~,.-.~:' {,. - ~'. '.. .. . '~: ~.-. "'"'"?'"";"' :':l / SC~E:. ~ "' ' ' DRAWN BY: ~' ~' '" CHECKED ~: GE~E R. RICHMOND ,DAT~;. ~/~ /~ :..,.. '.... ,. , REUSED: Orr~[ O~ ~T~ PR~ECTS ~ COLLIER COUN~ GO~RNMENT COMPLEX ~ ~ : SHE~ ' OFFICE OF CAPITAL PROJECTS .%301 EAST TAMIAMI TRAIL NAPLES, FLORIDA .%4112 (941) 774-8192 SKETCH OF DESCRIPTION t . f?l'~ ~")~$oo' ~ Northeast Come k-I '.-~1~- Section 2, Twp. 49 S, EASEMENT (45TN}~- Rge. 25 E. I 500.38' ; ~'~-- EASEMENT (45SUN) · T- ~' 587.58' ,nu X-P.O,B. O S 89'56 20 W. I o. 500.55 / --- EASEMENT (45StJS) EASEMENT (43T$)-/ , ~'~ID A~ GENERAL NOTES : :' I) P.R.C. Indicates Point oF Commencement ~) P.D.B. Indicates Point oF Beginning '..i 3) Sec. Indicates Section ': 4) Twp. Indicates Township ; ' .. 5) Rge. Indicates Range ':. · .,:.' .' :J 6) R/%; Indicates Right-oF-way 7) Att distances are In Feet and decimals thereof "''~ 8) Basis o~ ~earlngs Is the East line oF the Section ~ i' .. '~; .v. being S.0P'i4'00'E. : ...... :.' .' · 9~ Not valid unless s~gned and sealed .ith the enbossed AG[. ~). seal oF the pr-oFesslonat land suf-veyor' IlO.~ THIS IS ONLY A SKETCH ': SCALE: 10-18-96 43 , PROJECT NO. ~#-~ / PROJECT PARCEL NO. ~ FOLIO NO. 00236280005 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT · THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF. PROJECT NO. &;'.l -J/ PROJECT PARCEL NO. ~ FOLIO NO. 00236280005 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) ~Dt~E~JRL&~DRAINAGE, UTILITY AND I~AINTENANCE EAS~ENT THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2, TOWNSHtP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF. ! NE CO~. S~C;TIOI 2 ; ~JBJ~¢T (15') NOT TO EC4.,E .i PROJECT NO. ~;Ec3~ / PROJECT PARCEL NO. ?/~ ~ FOLIO NO, nn~'~,'~,nnn~ SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) TENPORARY CONSTRUCTION EASENENT THE WEST TEN (10) FEET OF THE EAST 25 FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4} OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE OUARTER (1/4) OF SEC'HON 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COMJER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF' (AIRPORT ROAD RIGHT-OF-WAY)ANO LESS BOTH THE NORTH AND SOUTH THIRTY (:30) FEET THEREOF. ! ! NE COe,. ~ECTK~¢ ~ ; .Co~ 14,~_ _c~_...r~y ~ovnz'nmnt Conp~-x I 3301 E' Tam.t.nstt.. Tz'a:L[ Nap]~a, Fi,~. 342.12. ~ S~'TCH NOT TO SCALE PROJECT NO. ~ ZO.~ / PROJECT PARCEL NO. FOLIO NO. SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) sLdevalk, drainase, utility & maintenance easement THE WEST FIFTEEN (15) FEET OF ~HE EAST 115 FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS BOTH THE NORTH AND SOUTH THIRTY (30) FEET THEREOF. t t ! ~;:' .;/~k~le.'.R. Rtcluofld, PLS 2406 1';' . r.~:.. · : - PROJECT NO. ~ZO~I PROJECT PARCEL NO. 7/~B FOLIO NO. 00236360006 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) teapox'&~'7 COnlt~'uctton ea~eaent ! FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY). I I .. I : I ! I : :Co:].~Lez. County Govm-n.M~ Cc~z :3301 E Tma.Cmr:L Tzlil IMp]J~, FL 3~, :1/2 . PROJECT NO. H2:O31 PROJECT PARCEL NO. 81G D'i FOLIO NO. nn~nnn~ SKETCH & LEGAL DESCRIgTION (NOT A SURVEY) stdeva:tk, drainase, uti[it! and aaintenance easeaen~ THE WEST FIFTEEN (15) FEET OFTHE FAST 115 FEET OF THE SOUTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (114) OFTHE NORTHEAST ONE QUARTER (114) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY). ' ' · NOT TO ~C~LE PROJECT NO. ~,2'0.~ PROJECT PARCEL NO. '7/~ FOLIO NO.o0236360006 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) temporary construction easement THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHF=AST ONE OUARTER OF THE NORTHEAST ONE OUARTER (1/4) OF THE NORTHEAST ONE OUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE :)5 EAST, COLLIER COUNTY. FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT~)F-WAY). ~l'~ NOT TO SC~E PROJECT NO, G ~O.~ I PROJECT PARCEL NO. ,~1~ C' FOLIO NO._ nn~,nnn* SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) sidewalk, drainale, utility and uatntenance el[semen[ THE WEST FII=I~-N (15) FEET OF THE FJ~T 115 FEET OF THE NORTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF I~IE NORTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (114) OF THE NORTH~T ONE QUARTER (114) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COUJER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRI~. ORT ROAD RIGHT-OF*WAY). G~ETCH 140T TO SCN.E JAN 2 7 1998 't 330~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION p.oa[cr .o,_ ~'~'9 '" -- PROJECT PARCEL NO._ '"/! ~ -- TAX PARCEL NO.~d~ ~9-~ ["~ ' ~g 9/-- _LEGAL DESCRIPTION ('_NOT A SURVEY] e. 0 _LEGAL DESCRIPTION The West ten (10') feet. of the East 125' feet of the following described parcel: The North half of the Northeast quarter of the Northeast quarter of the Northe<:st quarter of Section 2. Township 49 South. RanGe 25 East. Collier County. Florid~. North Half. Northeast Quarter. Northeast Quarter. Northeast Quarter. Sec. 2, Twp. 49 S.. Rge. 25 E. L.M.R. PARCEL NONE 717 THIS IS ONLY A SKETCH CO.IR COUmY C, OV~N~£NT COWPOX 330t r' ~N~4LA, M! 'rl%AJL I,I~PL~..¢I.ORiOA 34' i2~L~ AR-717 SHEET 1 C~'~,~~ 8 OFFICE OF CAPITAL PROJECTS : '.';, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 ..-. (941) 774-8192 .. ,::. SKETCH OF DESCRIPTION .. PROdECT PARCEL NO. ~' I'~ "~..' LEGAL DESCRIPTION (NOT A SURVEY~ I ;. LEGAL DESCRIPTION The West fifteen (15') feet of the East 115 feet of the following described porceh The North half of the Northeast quarter of the Northeast quarter of the Northeast " quarter of Section 2. Township 49 South. Range 25 East. Collier County. Florida. PARCEL AR 817 100' ' :,:'" North Ho~f, I ~ Northeast Quarter. I Northeast Quarter, , " Northeast Quarter. [ r,- Sec. 2, Twp. 49 S., v ~ ..;. ,. Rge- 25 E. I : ~ ' I o I THIS IS ONLY A SKETCH : .. COUJ£~ coumY ~u~otaPLr. x · · : LM.R. NONE 37-17-9~ AR-817 PROJECT pARCEL NO. ~ FOLIO NO. 0_0236280005 - (NOT A SURVEY) ~.elpOFlF! cons~Fuct. Lon ellelent. ~ THE ~ST TEN (10) FEET OF ~E ~T 125 FEET OF ~E NOR~ THIR~ (30) FE~ OF THE NOR~ ONE ~ (1~) OF ~ SO~T ONE Queer (114) OF THE NOR~ST ONE Queer (114) OF ~E NO~~T ONE QuoTER (114) OF SECTION 2, TOWNSHIP 49 SO~H, ~GE 25 ~ST. COPIER COUP. FLORID~ ' (N(~ ~ iii d N )~ d ,fE )G d HE Y~ d NE Y4 330~.· E T.at~-~ Nap:]~es, FL': 34132 -.. JAH 2 7 PROJECT NO. ~ ~ ! PROJECT PARCEL NO. ~ FOLIO NO. 0n~'~n?noon5 .. SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) sidewalk, dratnass, utiltty& maintenance easement THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH THIRTY (30) FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER [114) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ; I : I I I I : I I Date /. ~. C~I~[e= Co,racy &3va~neanc C~plex , mmmC-L~153 . I : ! I I I 3301 E Tamtam/ Tz'eJ.1 HapZal, FL 341/2 ! I I I I PROJECT NO. 62031 PROJECT PARCEL NO. 124 FOLIO NO. ~_n=~*nnna LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PEP~ETUAL ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT BEING: I THE SOUTH THIRTY (30) FEET OF THE WEST ONE HALF (W ~) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW ~) OF THE SOUTHWEST QUARTER (SW %) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. /V I I I 1 I I I I I I I I I I I I ! ! ! ! ! I ! ! ! ! ! I I I I I I I I ~_-t3~_X E Tam/aa/Tzlt/',~: .C,' '''~' .~' ' N~.~, FL 341/2 . . SI~"TCH NOT 10 SC, M,E EXECUTIVE SUMMARY ADOPT RESOLUTION FOR ARCHITECTURAL LIGHTING ON US 41 (DAVIS BOULEVARD TO AIRPORT ROAD). O~.,~d~: To obtain Board approval ora Resolution for architectural lighting on US 41. CONSIDERATIONS: On January 6, 1998, the Board approved agenda item 16(B)(3), for a Joint Project Agreement between Collier County and the Florida Depaxi. ment of Transportation (FDOT). The FDOT requires that a Resolution also be approved to accompany this Agreement. To the above end. a Resolution has been drafted, reviewed and approved by the County Attorney's Office, and is attached hereto for Board review and adoption. FISCAL IMI'A('T: The total cost of recommended Option A-I is $411,255. The FY 1998 Budget provided $236.000 for the lighting system, equally funded by MSTD Road District 1 (Fund 102) and MSTD and MSTD Road District 3 (Fund 104). The balance required to fund the recommended option is $175,455. This will be funded by a combination of available Reserves and surplus Carry Forward in the Road Districts. MSTD Road District 1 (Fund 102) $87,628 share of the lighting improvements would be funded as follows: $58,900 of suq~lu.~ Carry Forward (102-919010) would be appropriated and $28,728 of the available Reserve balance (102-919010) would be used. MSTD Road l')islrict 3 (Fund 104) portion of $87,628 would be funded by appropriating $87,628 of thc $391,400 in surplus Carry Forward (104-919010) for the lighting system in the Road Resurfacing Cost Center (104-163643 ), and appropriating the remaining $303,772 into Reserves (104-919010). GROWTH MANAGEMENT IMPACT: None RECOMMENI)ATION: That the Board authorize it's Chairman to sign the Resolution for architectural lighting on US 41 (Davis Boulevard to Airport Road), and authorize the Clerk to the Board to provide five (5) certified copies to the Transportation Services Department for transmittal to the FDOT. PREPARED BY: Marquita King. Senior Secretary_ , D¢~~Sation Director B '. Ed Ils~er, Public Works Adminis~tor DATE: 1/21/98 mk/012198IES FDO I JI'A Lgt Agmt.doc JAN 2 7 1998 I ! 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 t7 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 n3 I~.ESOLUTION NO. 98- A RESOLUTION AUTIIORIZING EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT FOR ARCltlTEC'I~RAL LIGIITING ON US 41 (DAVIS BOULEVARD TO AIRPORT ROAD) AND PROVIDING AN EFFECTIVE DATE. WI IER£AS, the Collier County Board of County Commissioners ("COUNTY") wishes to enter into a Joint Project Agreement ("Agreement"l with the Florida Department of Transportation ("FDOT"); and WI IEREAS. the COUNTY desires to upgrade the lighting fixtures from convent,onal to architectural within the FDOT's Improvement project to US 41 between Davis Boulevard and Airport Road. N()W, '1 IIEREFORE, BE IT I~ES(.)I.VED BY 'I'IIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'FY, FLORIDA TIIAT: SECYION l: 'Iht COUNTY does hereby authorize its Chairman to enter into a Joint Project Agreement w~th the FDOT I'or Architectural Lighting tm US 41 (Davis Boulevard Io Airport Road). SECTION 2: The COUNTY believe.~ such an Agreement to be in the best interest of lhe citizens of Colher County m that the lighting upgrade can be done by the contractor presently working in the area; and SECTION 3: The COUNTY agrees to pay the FDOT the sum of $411,255.00, which is the d~fference between the contract price of $183.037.80 for conventional lighting and "Option A-I" chosen by the COUNTY from the contractor's archstectural lighting estimate. ~7,,.~: This Resolution shall take effect immediately upon its passage. 5E.QT. LO_,~-5: All Resolutions and parts of Resolutions in conflict herewith are repealed. 'lh~s Resolution adopted the ~ majority xote. ATTEST: DWIGtIT E. BROCK. Clerk BY: day of 1998, after motion, second and BOARD OF COUN'F~ COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to f,,rm and legal sufficiency: Assistant ('c, unty Attorney m~.~1,2197~ Res Flx)l JPA US 41 I.Inl~ dee JAN 2 7 1998 PG. Z =.~. ~o EXECUTIVE SUMMARY AMEND CHAPTER 89-449, TO AUTHORIZE PREVIOUSLY PROHIBITED ACTS IN PARKS Objective: To approve a proposed Bill to amend Chapter 89-449, Laws ofFlorida, a Special Act that relates to activities at all Collier County Parks and specified areas adjacent thereto. Consideration: The Board previously approved revisions to this statute on November 19, 1997; however, the Local Legislative Delegation denied the bill as written, but stipulated that the it could be revised and presented again in time for the1998 session. The delegation voiced concern with the language of the bill and the discretionary authority of the Director of Parks and Recreation. The revised bill addresses their concerns. The County Attorney's Office added a provision whereas all rules and guidelines will be approved by the Board of County Commissioners, and they cleaned up the language where stipulated. Chapter 89-449, as now amended, absolutely prohibits many activities within County Parks. These activities include but are not limited to: 1. Requests to sell alcohol during countywide special events or wedding receptions; 2. Requests for bonfires; 3. Requests for other animal activities such as dog shows. Often times, staff receives requests in direct violation of the current law, but, in reality, they are deemed reasonable in nature. The current law restricts the authoritative powers of both staff and the Board to allow exceptions. The proposed bill extends the authority of the statute to the Board of County Commissioners. The proposed bill must be advertised for 30 days following approval of the Board before it may be resubmitted to the Local Legislative Delegation when they reconvene the first week of March. Growth Management: None Fiscal Impact: None Recommendation: That the Board approve the proposed Bill to be presented to the Local Legislative Delegation for submission to the Florida Legislature to amend Chapter 89-449, Laws of Florida, A Special Act related to Collier County Parks and specified areas immediately adjacent to such County Parks. The proposed amendments are depicted in the proposed draft by strike-throughs and underlines. Prepared by: k~ D, Q~I Date: Thr~m~,s Wl O'"iliff, Ad"~r~tor Division of Public Services JAN 2 7- ) 4 S 22 ~4 2~ 22 2~ 24 25 2~ ~2 ~ act applying Co Col!let County, amending subparagraphs ~} {dl, (g} and (h) of Section 3, Chapter B9-449, Laws of allow alcoholic beverages in park buildings during wedding receptions and other substantially simila~ special events; to allow domms%icated animal~ :n County Parks for animal show~ and other subsCanclal!y s=milar special events, and go authorize the Director of ~arks and Recreation ~o authorize bonfires on a caSe-by-case bas~o, all of %~e above in accordance with the then applicable Rules of the Parks and Rec=e~t/on Department and as approved by the Board of County Co~%missioners; provi~in~ effective Se :~ 5nac[ed by the Legislature of the State of Florida: Section 1. Leglsla=ive ~ntent. - It ~s the ~ntenC of the Legislature to authorize the B~.~:I cf County Commissioners of Collier Couoty =o designate employees of the Collier County Department Of Parks and Recreation as county park enforcement o~ficers. It is declared as a matter of legislative intent that county park enforcement officers ~ empowered to issue citations to enforce any county ordinance duly enacted by the board of ccun=y comm£s$ion%=s to regulate acts wi%him th~ county parks, public beaches, beach aCCeSS a:eas adjacent Co county parks, County operated parking facii[=io$, and puDlic areas directly adjacent to COUnty pazks: to protect sea turtles and prohibit the operation of motor vehicle~ in, on, or across =he beaches of Collier County in order tc promote, protect, and enhance the hea!~h, safe=y, and welfare of the citizens of Collier County. Words underlined are adOed; votes ~-e~--~h-are deleted. Agenda. I~eal NO.~ _ Pg '~. substan=iall~ similar special event~ as then authorized by rules of =he department that have been approved by the Board of Com~lssioners. (h] Build fires except ~n specified areas in county pa=ks on cooking qrllls provzded thocein, except bonf£=es directly related to special events may be author[zed bX the Director of the Department on a case-by-case bas!= a3 then authorized by rules of ~ho department approved by :he S~a~ uf County Co~iss!oners. (ii Drive any unauthcr~=,'~ vehicle on any area withLn the park except the paved park ronda or p6rking areas; or park an authorized vehicle in other than ~:: establlshed o= designated park=hq area? or park any unauthorized vehicle in the county park area overnight. (J) Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a plac~ other than bicycle rack w~en such is provided, or leave a bicycle lying on the ground or paving or any place or position so as present any obstruction to pedestrian or vehicular traffic. (k] Violate any rule for the use of the park which haa been posted on any park sign in a ~articular park pursuant to aFproval by the board of county co:=mi3sioners including rules and regu!a~ions posted on the grounds c: bulld~n~= in said parks. (I) Possess, carry, c& transport on or about their person any glass container in .~c¥ county park beach access. (m) Injure, kill= molest, =oilect, possess, or cause direct or indirect imjury to any species of sea turtle, gopher tcrtoises, live sand della=s, snorebirde, birds of prey, live shells, and live sea stars or to =n%eIfere, destroy, or %amper ia any way with the nastinq of ~e ~ea turtle, birds of prey, gopher tor%olses or shorebir~s. (n) Operate or cause to be operated a hand, animal, motor, or engine driven wheel, track or o=her vehicle or implement on, over or across any part of the sand dune, h~ll or ridge nearu~% the Gul~ of Mexico, o~ ih= vegetation grow[n~ thereon or Words underline~ are added: worts e-t-~uck %4~are deleted. Agen d.l,, It, em 2 7 Pg public utility or part~ appurtenant thereof, ei~ns, no,ices or placard whether t~mporary or permanent, monuments, stakes, posts, or other boundary markers or other ~t:uctures or equipment, 5 fac~llt~u~ or park proper:¥ or any ap~urtenances whatsoever, 6 either real or personal. (b) Cu%, break, mutl[a%u. ~mjure, disturb, sever from 8 the graund or remove any grouinq ~n~n~, ~ncluding, but not to, any plant, flower, f~ow, r DOd, ~nrub, tree, growth or any branch, ~=~m, fruit or !ea~ thereof; er briag into or have ~n his possession in any county park an%, tool or ins%~u=.~nt which could ~e used for ~he ce=ting =hereof, or any garden or agricultural implemen~ or tOOlS which could be used for the removal thereof; 14 or pil~ or mmintain any material or debris of any k&n~ agains% or 15 upon the sa~ or attach any rope, cable or other contrivanoe %~ereto; or s~t fire to any trees. ~hrubs, plants, flowers, grass, plan~ growth or ti.~ber, ~r suffer any fire upon !and to extend ln~c park ~ands; or gO upon any prohiblted lawn, grass plot or 2: ~c} Thro~. discharge, mr ~ther~$e place or cause %o bo 22 pi&ccc ~n the ~at~rs of any fountaln, pond, lake, ~%:~am, bay, or 23 ocher body of ~ater in or ad]icon% [o any county park or any 2( tri~otary, s~ream, s~orm ~wer, u: orazn flowing ln=o such wa~ers, 2S any ~ubs%ance, ma~er or thing, l~quid or solid, which will or may 26 reuult in ~he pollution of sa~d waters. 2~ {d) Carry, possess, or ~rink any alcoholic btvera~e ~! ~i~w~e in any park exce;~ ~nolly w~thin buildin~s durin~ weddin~ 2~ receptions and other substantially similar special events as th~n 3: authorized by rules of the department that have been approved by 3: the Board of County Con~nissioners. 32 (¢) Enter or exit any park facility except at ~g) Cause or permit ~ do~ or other dome6%lc an~m~! to No. 10 2: 22 23 2~ 2~ 2~ 2~ 2~ ~2 Secslon 2. Jurlsdtct{on. - Any person designated by the boar~ of county com,~,i$$1oners as a coucty park enforcement off,ce: (park ranger) is hereby authorized :o issue citations within the boundarie~ of any Collier County p~:k, public beaches, beach acco~u area adjacent to count~, ~ark~0 County operated parking facilities, And public areas ~ire=tly adjacent to coun%y pa:ks for violat~on~ of any Collier County crC~nanc~s, duly enac~e~ by the board o~ county commi$~Loner~ tt~ regulate acts ~ithin these areas ~ncl~d!ng, but not ~imited ~o, tho~e ordinances which r~ulate the use of %he park~ and prohibit certain acts thmr~in, pEovide for the nesting and protection of se~ turtles and prchtblt the ~pe~atLo~ of motor vehicles in, on, or across the beaches of Collier County within county par~$, ~hen such viclatlon is witnessed by said of~zcer. Section 3. Powers and (i) The Board of County uur.~,s:,~Lc.ners of Collier County is hereby authorized :o designate emp!oyuus of the Collier County ~epart~en% of Parks and Recredt~on 4e County park enforcement officers (p&rk rangers). It board %0 determine by resolution the trainin~ and qualiflca~ion$ of any employee $0 desxgnate~. Sue:; designation and training requirements shall be by ru~cl:~tsc:~ adopted at any regular or special ~eeting o~ the board. (2) I% shall be %he duty of any person designs%ed a~ a county park en(orcement o~flcer (park ranger) to &$sue citations fcr any offen~e~ which occur ~i~hia a ccunty park bounds:y, public beaches, county operated parking ~acilitie~, and public areas im,~.ediately adjacent to county park~, and which are either prokibs~¢d by ordinance enacted by the Board of County Ccr~,is~cner$ of Cell:er County this sec%ion. It shall ~ ~uch an offen&e to: ~th, or displace or remove any o%:%~d%ag, bridge, %able, b~nch, Agend& _I t'em NO.~ JAN 2 7 1998 seaward thereo~, co~nonly referred to as the beach. sec%ion 4. £nforcem~nt. - A citation issued by a county park enforcement officer [park :anger) under tho prov%sion$ this act shalY be in a form pregcriDe~ by tho board of coznty cor~i~sioser~. Such citation~ $~a~l :~%ate the da~m and ~ime of ~suance, nam~ and a~d~e~ c~ t'~e ;,c::~o~ in v~o~otlon, %he ~ate of the vlo~ation, descffiptlc:% ~ ~..: ...%(~..ation, the park enforcemen~ o~icer (p~k ranger~, and a da~e and prescribed Dy county ordinance. Seztion 5. Thi3 ac~ onall take effec~ upon De¢omln9 a law. EXECUTIVE SUMMARY APPROVAL OF RANKING OF PROPOSALS AND INSTALLATION AGREEMENT WITH CONSOLIDATED MEDIA SYSTEMS FOR INSTALLATION AND TRAINING FOR THE BOARDROOM AUDIONISUAL AND BROADCAST REPLAY SYSTEM, RFP # 97-2758. OBJECTIVE: Approval of the final ranking of proposals as recommended by the Selection Committee and approve a negotiated contract with the number one ranked firm, Consolidated Media Systems, Inc., to supply, install, and provide training as contained in RFP #97-2758 CONSIDERATIONS: On November 17, 1997 invitations for proposals were distributed by the Purchasing Department to forty-three (43) vendors. Two (2) returned formal proposals on or before the established deadline of December 12, 1997. The Selection Committee has ranked the respondents as follows: 1. Consolidated Media Systems, Inc. 2. Encore Broadcast Equipment Sales, Inc. Staff has negotiated a scope of work and contract with Consolidated Media Systems, Inc., who submitted the lowest bid. The scope of work consists of supply and installation of equipment, and training of staff. Total contract is $244,353.00, as detailed in the attached Consolidated Media Systems agreement. FISCAL IMPACT: Funds in the amount of $244,353 are available in capital fund 111-100210-764370, Franchise Administration (Audio Visual Equipment). GROWTH MANAGEMENT IMACT: None. RECOMMENDATION: That the Board of County Commissioners approve the final consultant ranking as recommended by the selection committee, and approve the contract with Consolidated Media Systems ,Inc., for provision, installation, and training of equipment related to the Boardroom Audio/Visual and Broadcast Replay System pursuant to RFP #97-2758. PREPARED BY: DATE: I- REVIEWED BY ~ Jea'r~ Men'itt, Manager Franchise Administration DATE: /-- r/.4 REVIEWED BY: ,..~- ~-"~ , (-~*; ~ ,~ St~ve ~arnell, Director Purch~ing Dep~ent Michel A. McNess Assismt Co~W A~inis~ator DATE: I'(~-~ DATE: JAN 2 ? 1553 AGREEMENT THIS AGREEMENT, made and entered into on this day of , 1997, b7 and between Consolidated Media Systems, Inc., hereinafter called the 'Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the 'County': WITNESSETH: COMMENCEMENT. The Contractor shall commence the work after receipt oi ,'t,~. Notice to Proceed, in the form of a letter from the Contract Managar and ~;' Contractor) shall have finally completed the Work on or before the expi~ aii(,n ~. i' .;~,.':: hundred twenty (120) calendar days from the date of the Notice to Proceed. The County Administrator or his designee may, at his discretion, extend lh~, A.q[eemer~: under all of the terms and conditions contained in this Agreement (,,; ,.,,, , ~ nit,., (90) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less th; ' ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK: The Contractor shall furnish a Boardroo~n ;~t:dlo/visuJ: and Broadcast/Replay System in accordance with the terms and conmtions of th~ specifications of Bid No. 97-2758, the Contractor's proposal and ite~s ~aegr~tiated hereto attached and made an integral part of this Agreement. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement. an estimated maximum amount of Two Hundred Forty.four Thousand, Three Hundred Fifty-three Dollars and no cents ($244,353.0(b. b. mc,J ,.r. the unit prices as negotiated December 19, 1997 (attached), subject to Change Orders as approved in advance by the County. o NOTICES: All notices from the County to the Contractor shall be dPc, m,',d ,-h,~,/ served if mailed by registered or cedified mail to the Contractor at the following address: Mr. Rod Kuehl Con~)lidaled Media Systems, Inc. 5625 W. Waters Avenue, Suite E Tampa, Florida 33634 JA,~I 2 7 ;$~3 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail General Services Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. o NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, F.S., all permits necessary for the prcsecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, brder or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the dght to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation dudng the suspension period until the violation has been corrected to the satisfaction of the County. AGE~.DA ITE~ ,, ,,,._ JA~'I 2 7 "'"" o TERMINATION: Should the Contractor be found to have failed to perform his sen/ices in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: Ao Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum limits of $0 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance coveting all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Professional Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence. The Consultant shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the Coun~ harmless against all claims arising from the negligent acts, errors or omissions of consultant by third parties. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event modification of any stipulated insurance coverage. of cancellation or Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: The ContractorNendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirect~/ employed by any of them. The Contractor/Vendor's obligation under this provisio~ shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first Ten dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. THIS AGREEMENT shall be administered on behalf of the County by the Franchise Administration Department. 13. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid No. 97-2758 Specifications and negotiated items (Proposal, Warranty and Training). 14. IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by a authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: (Seal) Dated: Barbara B. Berry, Chairman First Witness By:... Contractor Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name CORPORATE SEAL (Corporations Onb,) - - £on$olida£ed ,---~- I II Collier County Government 3301 E Tamiami Tr General Services Bldg. Naples, FL 34112 RFP #97-2758 Dear Collier County Government: Thank you for the opportunity to respond to RFP "97-2758. Boardroom Audio/Visual and Broadcast Replay System. All equipment sold by CMS is covered under manufacturer's war~'anty. CMS will guarm~tee all equipment for a period of I year for parts and labor. During the warranty period, CMS will pick up and deliver all defective equipment fi.ee of charge. Whenever possible, CMS will provide loaner/demonstration equipment as replacement items. The installation shall be warrantied for a period of 16 months fi.om final completion of the work. On call maintenance will be within a 48 hour response time during the warranty period. A toll free phone line (888) 882- 9610 is available from 8 Am-6 PM, Monday-Friday. Training for essential county personnel will be for a period of ten days M-F selected by Collier County Government. We know it will take Vinten 6-8 weeks to manufacture the pan/tilt units AFTER we supply the lenses fi'om Canon. l~'ojeeted completion time is 120 days a~er receipt of a purchase order. If you have any questions, please eau me. Sincerely, ~/~ ~,~ ,.,, _ ~ Rod Kuehl- CMS Tampa 5625 WEST WATERS AVENUE · SUITE E · TAMPA, FLORIDA 336~L PHONE 813~882-9610 · FAX 813-882~546 · www. consofid~ed-meo-~.com Jfi~'~ 2 7 ':""' Pc. g CMS - Tampa Office Engineering Sales ~TY ~anuf: Model Descriotion Price 1 Panasonic AJD640 edit play rec 1 Panasonic A/D 650 edit play rec i V'~eotek PDG 418 production switcher i Videotek CK 1 chromake,),tn' I Videotek BG border senerator 1 Compix Video CG computer and ell; I Erso E 2svga :rack mountable monitor 1 Canon RE 350 visualizer I Grass Valley 8900 rack frame 7 Grass Valley 8800 video DA cards 2 Grass Valley 8560T2-120 rack frame 7 Grass Valley 8561 audio DA cards 3 Videotek RS 12 A 1 x i 2 routers _ I Videotek VSG 201 sync senerator 1 1 i Teictronix WFM 90 WI/vector "" I Grass VaUey 751 ON Proc amp ! Grass Valley 7510 Ti- 115 rack flame and power supply I Panasonic BTH 1390 enigeedng monitor I Panasonic CTS 1390Y monitor 8 JVC TMgAU monitor 4 I-EC TMgAU rack mounts I FEC CTS 1390Y rack mounts i FEC BTS 1390Y rack mounts I JVC KYD29ST can / studio pkg I Canon YJl7x 9.5 Lens 'lens I Quick Set QFEP 1 pedestalA~e, ad I JVC 50 ft VCP I 1 ~ cables I JVC HZ FMI 5U focus rxmtrol I JVC HZZS 13 zoom control I Telescript FPS 100 10'fiat panel ! Telescript CBG 500 coumer balance I Telescript TPC 100 :software Eng Tripod .... '"--~--~-- ~.,' I Matthews ST 60M system ~ ~ ~,., -, 3 Panasonic WVRC550 CCU o,-,,, c ~ i I Panasonic WVBM503 Triple BW Monitor v 4 Bretford TVML20BK Wall Mounts [l: ..... 7 ~. ,-'7-"--'----.- Quote V~d for 30 days. IHI~? CMS - Tampa Office Engineering Sales Quote for: Board of' County Comm. -Collier Customer Number: James Fitzek Quote Number: I -~..~_. "l~lanUl'. Model Descriotion Price 3 Vinten HS 102 ,pan tilt heads I Vinten 102 PS power supply I Vinten MCS 4000-100ps Controller 3 Vinten HPZFSLD lens Drives I Vinten WBKT wall mounts I Vinten S D VC A 350 control cable 3 Vinten SLCAB 100 camera cables 2 Custom CeilinS rots Ceiling Mrs I Scan Do Pro Gen Lock model Scan converter I Fiber Options 130BT Transmitter I Fiber Options 130 B R Receiver 1 Panasonic AS 7150 VSHS VCR 3 Panasonic WVE,,550 3 chip cameras 3 Panasonic ,WVCA 26U-100 camera cables 3 Canon ,YH 17x7 BKRS ENG Lenses 4 P.nasonic ;CT 2086VY Mon/Rec 6 Sony !KV9S40 Mon/Ree I Canon vcc3 Camera I Canon Cont SW and Cable 3 Panasonic WVCA26T20 Conversion Cable 2 Mitsubishi CS 35207 35 in mon/rec 4 Strand VideoLux 72A Compaa H(mescent Li~ht 3 Strand 28330 Additional intensifier ! Telex ENG UT500 L/Iff mic ~stem, 1 Tdex DC SM Mountin$ kit for Anton Bauer I Marco MA204B Automated Time code controller 9 Matco cables control cable .... _ _ 2 Ergo E. ZP 230 rack mourns 2 Winsted D88029 Vertical Rack w power and fan I Shintron 260A 12xl pa.ssive switcher 4 Panasonic AJD 230 DVC Pro VCR I Delta Desisn.s D4174 CUSTOM DESIGN Page 1 Quole Valid ~or 30 ~y~. 12/!g/97 Install JBL Crow~ CMS - Tampa Of Sce Enginee ng Sales L~)or, Materials Trn~._.~._._.~ control ! ers _------ DTS -------- ~ No Freight Charges Apply ----'---=-=---=- Subtotal No Sales Tax - Exempt Total S 244,353.00 S 244,353.00 Futher clairficaton of equipment warranites: Each piece of equipment shall be wa.rrantied for one year after purchase by customer for both parts and labor. Some items will also be covered by manufactures warranty for periods longer than one year. Work will be completed w~tkin 120 days ofissu, an~ ofpurchase order. Bill To · Attn: Ship To: PO#: Date Accepted: Internal SO#: Internal PO#: / / Quote Vnlld for 30 days. Customer Signature: Page 3 12/18/97 Southwest Florida Regional Planning Council 4980 Bay. line Drt~, lth Floor. N. Ft .~I.vers~ FL 33917-3909 (941) 656-7720 P.O. Box ~. N. Ft .%Iyers, FL 33918-3488 SL.~COM 749-7720 F,~X 941-6~-772~ January 14, 1998 ~ Honorable lohn No,is Collier CounW Board of County Commissioners 3301 Ea~ Tamiarni Trail Naples, FL 34112 Dear Chairman Norris: Enclosed, please find the Overall Economic Development Program (OEDP) adopted by the Southwes~ Florida Regiomfl Planning Council at its me~ing in June 1997. The Council is require! to submit a revised OEDP every five yeazs under ils ~nnml plarming ~rant from the Economic Development Admini~i~ion (EDA). The OEDP was pr~'i~r~l by d~ Council's Economic Development eon, mince which includes representatives from economic &.v~l~ organizagons, chambers of'commerce, local governments, and various other groups such as Edison Community College and the Florida Depa~uuent of Labor and Employment Security. The Council's OEDP fulfills the need for each local gov~'nment to prepare and submit its own OEDP befor~ applying to EDA for grants. Since the Council serves ss an Economic Development District for the Region, communities awarded EDA grants r~eive a 10'4 bonus, in addition to funds EDA would normally provide. In order to apply for EDA funds, how,~v~, your county must submit a ic-t~r or resolution smin~ the county's support for fl~e OEDP and fl~ Econo~c I~v~lopm~ Dimic~ Please use fl~e sample le~r and r~solution as guides in preparing such a document Should you have any questions about the OEDP or our l~lanning grant from EDA, please f~l fr~e to call me or Dottle Cook of staff. Thank you for your assistnnce. Sincerely, Southwest Florida Regional Planning Council c: Robert Fernandez, County Adm~r .lAN 2 7 1998 Mr. Boyd Rose, Plar. ning and TA Chief Economic Development Administration Atlanta Regional Office 401 West Peachtree Street, NW, Suite 1820 Atlanta, GA 30308-3510 Dear Mr. Rose: ~ County supports the updated Overall Economic Development Program (OEDP) prepared by the Southwest Florida Regional Planning Council's Economic Development Committee and ~lopt~l by the Council at its June 19, 1997 meeting. The overall focus of the OEDP is job creation and diversification of the local economy. ~ County recognizes the need to support ~ promote economic development through local and regional initiatives. Additionally, the County r~ogniz~ that long-range economic development planning is mutually beneficial to the County, it~ mb~idiaries, and. the d~i~ redevelopment ceos) w~thin the County. For this reason, the County wishes to rema~ an active member in the Regional Economic Development Disn'ict and participate in its planaing efforts involving economic development in Southwest Florida. Sincerely, cc: Wayne Daltry, SWFRPC Pg RESOLUTION NO. RESOLUTION OF THE BOARD OF COUNTY COMM]SSIO~ OF COUNTY, FLOR.IDA SUPPORTING THE DESIGNATION OF SAID COUNTY AND ITS SUBDIVISIONS AS PART OF THE REGION'S OVERALL ECONOMIC DEVELOPMENT DISTRICT AND ENDORSING THE OVERALL ECONOMIC DEVELOPMENT PROGRAM. WHERF~S, County supports the recent unanimous vote by the membership ofthe Southwest Florida Regional Planing Council (consisting of elected officials and Governor appointees of Charlotte, Collier, Glades, Hendr),, Lee and Sarasota Counties) to adopt the Overall Economic Development Program on June 19, 1997; and WHEREAS, County also recognizes the need to support and promote economic development for its citizens, either by local initiatives or combined local/regional assisted programs; and WHEREAS, County support~ and promotes economic development to improve its infrastructure needed to sustain systenas and economic growth; and WHEREAS, County recognizes that long-range economic development planning is mutually beneficial to its political subdivisions, the subdivisions of Southwest Florida; and is a prerequisite to sound decision making in economic development; and WHER. F. AS, responsible economic development policy involves, among other things, the identification of areas which are economically distressed, economic redevelopment centers, emerging growth areas, and pockets of poverty where the County finds that available regional or federal resources may be channeled; and WI-H::.RF_.AS, County supports the Council in its designation ofthe Region as an Economic Development District to procure funds or assistance when available for local economic development needs. NOW, THEREFORE, BE IT RESOLVED THAT OFFICIALLY SUPPORTS THE COUNCIL IN ITS UPDATE ECONOMIC DEVELOPMENT PROGRAM FOR THE REGION. COUNTY, HEREBY OF THE OVERALL NO._ /1/$' ~- JMI 2 7 1998 Pg.~ _ L EXECUTIVE SUMMARY PETITION NO. R-97-8, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, REPRESENTING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, REQUESTING A REZONE FROM 'PUD; PLANNED UNIT DEVELOPMENT TO 'A" AGRICULTURAL FOR THE VENCENTIAN RESIDENCE PUD LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY 1.8 MILES WEST OF C.R. 951, IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 30.7 ACRES. On March 18, 1997, the Board of County Commissioners adopted Resolution 97-175, which required the property owner of the Vencentian Residence PUD to submit a PUD amendment to the Planning Services Director prior to October 18, 1997. Such amendment has not been received, therefore, pursuant to Section 2.7.3.4. of the LDC, the BCC may initiate proceedings to rezone the unimproved portions of the PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management plan. CONSIDERATIONS: The Vencentian Residence PUD was approved for a 30 unit assisted living facility on a one 10 acre parcel, as well as a school, a church and related facilities on another 10 acre parcel. The remaining 10 acre parcel to be used for a children's home, a residence for unwed mothers, a family enrichment center, and a special education center, etc. On March 18, 1997, the BCC, pursuant to Section 2.7.3.4. of the Land development Code, Time Limits for Approved PUD Master Plans, approved Resolution 97-574, which required the property owner or agent to submit an amended PUD to the Planning Services Director prior to October 18, 1997 in order to cause said PUD to become consistent with the Collier County LDC. The PUD amendment had not yet been by the Planning Services Director by the required date. Therefore, the BCC may rezone the PUD to an appropriate zoning district consistent with the FLUE of the GMP. Since the pdor zoning of the parcel was 'A" Agricultural, staff believes that an appropriate zoning distdct for the subject parcel is 'A" Agricultural. At the CCPC hearing the agent for the subject property requested a 6 month delay on any zoning action on this property to allow the applicant to amend th,5 PtJ ) JAN 2 7 1998 I p~. .J.._ _ The Collier County Planning Commission reviewed this petition on December 18, 1997, and with a vote of 7-0 recommended that the BCC table this petition for six months to allow the applicant to amend the PUD. FISCAL IMPACT: Approval of this petition would reduce the maximum allowable density on the parcel, therefore, the potential ad valorem tax revenue for the site would be reduced. GROWTH MANAGEMENT IMPACT: None. This PUD is deemed to be consistent with the requirements of the GMP. The purpose of this amendment is to provide adequate and updated development standards for this 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. pLANNING COMMISSION RECOMMENDATION: That the Board of Zoning table R-97-8 for a period of six months in order to allow the property owner to prepare and submit a PUD amendment. 2 JAN 2 ? 1998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ~'OBE~T J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I DA-TI= I 3 JAN 2 ? 1998 AGENDA ITEM 7-E TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES NOVEMBER 3, 1997 R-97-8, VENCENTIAN RESIDENCE PUD OWNER: Diocese of Venice P.O. Box 2006 Venice, FL. 34284 REQUESTED ACTION: On March 18, 1997, the Board of County Commissioners adopted Resolution 97-175, which required the property owner of the Vencentian Residence PUD to submit a PUD amendment to the Planning Services Director prior to October 18, 1997. Such amendment has not been received, therefore, pursuant to Section 2.7.3.4. of the LDC, the BCC may initiate proceedings to rezone the unimproved portions of the PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management plan. GEOGRAPHIC LOCATION: The subject property is located on the east side of Tamiami Trail East, approximately 1.8 miles east of C.R. 951, in Section 32, Range 26 East, Township 50 South, containing 30.7 acres. PURPOSE/DESCRIPTION OF PROJECT: The Vencentian Residence PUD was approved for a 30 unit assisted living facility on a one 10 acre parcel, as well as a school, a church and related facilities on another 10 acre parcel. The remaining 10 acre parcel to be used for a children's home, a residence for unwed mothers, a family enrichment center, and a special education center, etc. This PUD contains a total of 30.7 acres. The property owner did not respond to the 2 separate letters sent to the_ pror)~rtv,~,,~u~)~.,~,,,ncr-'- by the County staff. ~7.~ JAN ~, ? 1998 1 SURI~,OUNDING LAND USE AND ZONING: Existing: vacant, zoned PUD Surrounding: North- East- South- West- US-41 R.O.W. Commercial & Residential, zoned C-3 & MH Residential, zoned RSF-4 Commercial & Residential, zoned C-5 & RSF-4 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: The effect of a rezoning action on the subject property would be to reduce the density, and intensity of land use from church, school etc. and 3 residential units per acre to a maximum of one residential units per five acre. In 1985, the property was rezoned from Agricultural (A) to Vencentian Residence PUD (Ordinance 85-27). At that time the approved density for this project was 8 units per acre. During the Zoning Reevaluation process in 1991, the project was found to be inconsistent with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan. In 1991 the PUD was amended (Ordinance 91-88) to reduce the density from 8 residential units per acre to 3 units per acre. On March 18,1997, the Board of County Commissioners, pursuant to Section 2.7.3.4. of the Land Development Code, Time limits for Approved PUD Master Plans, approved Resolution 97-175, which required the property owner or agent to submit an amended PUD to the Planning Services Director prior to October 18, 1997 in order to cause said PUD to become consistent with the Collier county GMP and LDC. The PUD amendment has not been received by the Planning Services Director by the required date, therefore, the BCC may rezone the PUD to an appropriate zoning district consistent with the FLUE of the GMP. Since the prior zoning of the parcel was 'A" Agricultural, staff believes that an appropriate zoning distdct for the subject property would be 'A" Agricultural. 2 JAN Z 1998 STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R-97-8 to the BCC with a recommendation for rezoning the Vencenfian Residence PUD to 'A" Agricultural zoning district. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANA~'ER CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR PLANNING SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE DATE DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number. R-97-8 Staff report for December 18, 1997 CCPC meeting. This Petition has tentatively been scheduled for January 27, 1997 BZA Public Hearing. Collier County Planning Commission: MICHAEL A. DAVIS, CHAIRMAN 3 JAN 2 ? 1998 REZONE FINDINGS PETITION R-97-8 VENCENTIAN RESIDENCE PUD Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. pro: The proposed rezone will be compliance with the Growth Management Plan. Con: The Density Rating System of the Growth Management Plan permits up to 3 units per acre on the subject property. The proposed rezone would permit I unit per 5 acres. Summary Findings: The proposed rezone is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. Pro: The surrounding land contains residential single family, mobile home and commercial zoning designations. The land use in the area includes vadous retail and other commercial uses, single families and mobile homes. Con: None. Summary Findings: Evaluation not applicable. 3. The possible creation of an Isolated district unrelated to adjacent and nearby districts. Pro: The 'A" zoning in the urban area of the County functions as an intedm zoning, until the property is rezoned to an appropriate zoning district. Con: The proposed rezone would result in a 30 acre parcel zoned 'A" surrounded by parcels zoned commercial and residential. Summary Findings: Surrounding uses are more intense than the Agricultural zoning that is proposed, however, this zoning can be changed when the owne~ develop the site. JAN 2 "/ 1998 4. Whether existing district bounderles ire iiloglcllly dnrwn in relation to existing conditions on the property proposed for change. Pro: As discussed above this zoning will be temporary until it is rezoned. There are a multitude of small or large parcels zoned Agricultural within the Urban designated areas of the GMP. Con: None. Summary Findings: Evaluation not applicable. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: This PUD was originally approved in 1985. The PUD Document contains very few development standards. Since the property owners did not amend the PUD within the allotted time, the proposed new zoning is appropriate on an interim basis, until the owners of the property decide what this property will be used for, and rezone the property accordingly. Con: None. Summary Findings: The rezone is consistent with the Growth Management Plan. 6. Whether the proposed change will adversely Influence living conditions in the neighborhood. Pro: The proposed change will reduce the maximum density on this parcel from 3 dwelling units per acre to one dwelling unit per five acre. Con: None. Summary Findings: The proposed reduction in density will not trigger adverse influence on living conditions in the neighborhood. 7. Whether the proposed change will create or excessively Increase trafflc congestion or create types of traffic deemed Incompatible with surrounding land use~, because of peak volume~ or projected type~ of vehicular traffic, Including activity during construction pha~e~ of the development, or otherwise affect public safety. Con: None. Pro: The proposed rezone will reduce the site generated traffic by 160 trips per day. 2 JAN 2 7 1998 Summary Findings: The reduction of future traffic volume using Tamiami Trail East will positively affect public safety. Whether the proposed change will create a drainage problem. Pro: The single family homes permitted on Agricultural zoned property are not required to provide their own water management system. However, single family homes traditionally construct less impendous surface than community facility type projects. Con: None. Summary Findings: The proposed rezone to Agricultural will not create a drainage problem, however, it will not remedy existing stormwater runoff problems in the 9. Whether the proposed change will seriously reduce light and air to adjacent ames. Pm: The proposed reduction in density may increase the amount of light and air circulating to adjacent areas. Con: None: Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values In the adjacent area. Pm: The values of adjacent properties will not be affected by this rezoning. Con: The value of the subject property may decrease as a result of being rezoned from PUD to Agricultural. Summary Findings: This is a subjective determination based upon factors which may be internal or external to the subject property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be · deterrent to the Improvement or development of adjacent property In accordance with existing regulatione. Pro: None. Con: None: 3 1998 _ Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval, process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an Individual owner as contrasting with the public welfare. Pm: None. Con: None· Summary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13, Whether there are substantial reasons why the property cannot be used in accordance with existing zoning, Pro: None. Con: None. Summary Findings: The existing PUD zoning is consistent with the FLUE of the GMP. However, this PUD was approved over 12 years ago, and did not contain adequate development standards. If this PUD is not rezoned, the County will not have adequate enforcement review power to Insure that the quality of development standards are similar to what Collier County resident expect in this County. 14. Whether the change suggested ia out of scale with the needs of the neighborhood or the County. Pro: The proposed rezone complies with the Growth Management Plan and is consistent with the surrounding zoning. Con: None. Summary Findings: The proposed rezone will require a new rezoning be reviewed to assure the quality and the use are consistent with neighborhood, the County and the GMP. 4 15. Whether it is Impossible to find other adequate sitee In the County for the proposed use in districts already permitting such use. Pro: There are many other sites in the County which are within the Urban Area and could request a rezone to Agricultural. Con: This rezone is requested by the Board of County Commissioners as a result of the PUD sunsetting requirements. Summery Findings: The determining factor in this case is the lack of adequate development standards, not the availability of Agriculturally zoned property. 16. The physical characterisflca of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The property is currently vegetated and would require some clearing for single family housing. Con: The existing PUD zoning would require more cieadng of vegetation than the proposed Agricultural zoning. Summary Findings: Development of the land will necessitate alteration of the site in some form. Single family dwellings traditionally alter less of the property than more intensive uses. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted In the Growth Management Plan and as defined and Implemented through the Adequate Public Facilities Ordinance, as amended. Pro: The proposed availability of services will be greatly reduced by this rezoning action. Con: None. Summary Findings: The proposed razoning action will result in a reduction in the level of services required by the current PUD zoning. 5 JAN 2 7 1998 I .I,A RESOLUTIO~ 97- 175 A RESOLUTION BY THE BOARD OF COUNTY CCI~flSSIONERS.OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPKENT CODE AFFECTING ORDINANCE 91-88 ALSO KNOWN AS VINC£NTIAN RESIDENCES PUD, REQUIRING THE SUBMITTAL OF A PUD AMENDMENT; AND PROVIDING AN Err~¢TZVE DATE. WHERF=AS, the Vincentian Residences PUD, Ordinance 91-88 adopted on September 16, 1991, la sub, act to the provisions of Section 2.7.3.4., of the Lend Development Code (LDC), Time Limits for Approved PUD Master Plans~ and Wh'ERF. AS, the Board of County Commissioners has reviewed the ?UD and has determined that the current PUD Zoning is consistent with certain provisions of the Growth Management Plan (GMP) and the La~d Development Code~ and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of C~llier County, Florida that: 1. The above recitals are adopted herein b~ reference &a if fully aec forth herein. 2. This Resolution shall constitut~ evidence o:  ompliance with the review requztements o: Section · 7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the Property owner or agent shall submit an amended PUD to the Planning Services Director prior to September 18, 1997 in order to cause Said PUD to become consistent with the Collier County LDt. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the ~nutes of this Board and in the records of the Petition for which the extension is granted. Th£s ResOlution &dop~ed lt~er ~o~ion, second &nd~a~ort~y vote. Done this //~ day of ~'~~-.~, 1997. BOA.RD OF COUIqTY CC~4IS$ION£~$ 3 5 6 ? 9 10 11 12 14 15 1! 19 2O 21 24 ~$ ¢0 4~ AN ORDIN~NCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ARF,% OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0632N BY CHANGING THE ZONING CLASSIFICATION OF THE NEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 FAST AND ON THE FAST SIDE OF SOUTHWEST BOULEVARD, IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM ~PUD~ PLANNED UNIT DEVELOPMENT TO 'A~ AGRICULTURAL FOR THE VINCENTIAN RESIDENCE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 18, 1985, the Collier County Board of County Commissioners approved Ordinance NumDer 85-27 changing the zoning classification of the herein described property from "A-2" Agricultural to 'PUD" Planned Unit Development known as "Vincentian Residence"; and WHEREAS, THE Vincentian Residence PUD, pursuant to the Zoning Reevaluation Ordinance, was determined to be inconsistent with the Future Land Use Element of the Collier County Growth Management Plan, and was amended on September 16, 1991 to comply with the provisions of the said Growth Management Plan; and WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners approved Resolution 97-175, pursuant to Section 2.7.3.4 of the Land Development Code, Time Limits for Approved PUD Master Plans, requiring the property owner or agent of the Vincentian Residence PUD to submit an amended PUD to the Planning Services Director prior to September 18, 1997 in order to cause said PUD to become consistent with the Collier County Land Development Code; and - WHEREAS, an amencLment to the Vincentian Residence PUD was not received by the Planning Services Director prior to September 18, 1997; and & S 7 ~2 25 2~ .13 36 ~o WHERFJkS, Community Development & Environmental Services Division, representing the Collier County Board of County Commissioners, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NON, TH£R~FOR£ BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from 'PUD" to ~A~ Agricultural and the Official Zoning Atlas Map Nua%ber 0632N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. BO;LRD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Chairman Approved as to Form and Legal Sufficiency: Marjc~ie M. Studen: Assistant County Attorney LEGAL DESCRIPTION Commencing at the concrete monument markin corner of Section a9 ~ ..... g the East 1/4 - - _. .. --, ~-uwnsn~p 50 SOUth%, Range 26 East, Collier ~u =as= along the Easterly boundary of said Section 32 a distance of 885.11 feet to the Southerl line of U.S. Y right-of-wa- -- - . J 41 (Tamiami Trail), said right-of-way ~,ln.e ~elng_a curve; thence along said right-of-way line an arc ~ ~ =~nura£ angle o~ 14 35 08", radius 3219.55 feet, chord distance 817.38 feet and chord bearing of North 46'21'34,, West to the point of tangency; thence continue along said right-of-way line North 39.04t00,, West 73.64 feet to the Easterly right-of-way line of Southwest Boulevard which is Easterly boundary of Tr ~ - ......... the p~_~ ....... a.~ ~ures s%A~lVlSlon as recorded in - .. _'. . g aau right-of-way line and said bounda~ ~ou~ 50 56'00,, W~st 1007.99 Feet to ~e N ~ Trail Acres Unit 3 as w--~-~-~ · .... 9~e~sterly bounda~ ~ou~easterly along said No~ea-~ ...... thence ~OU~ 39 05'25" East 1081.97 ---~. ~ _ ~ of said Plat - - - ~-~, ~ence zasterl alo Ro~ mo~a~ East 695.91 feet ~e Point of Begging. Sai4 P~el containing 30.7 acres more or 'less. £XHI~IT "~" JAN 2 7 1998 EXECUTIVE SUMMARY PETITION R-97-9 MR. ROBERT L. DUANE OF HOLE, MONTF~ AND ASSOCIATES REPRESENTING ADAM FUEREDI, REQUESTING A REZONE FROM "C-3" TO "C-3" FOR PROPERTY ON LOTS 2-7 AND 81-86, PINELAND-ON-THE-TRAIL, IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUN'rY, FLORIDA, CONSISTING OF 2.5 ACRES MORE OR LESS. This petition ~eeks to have certain propmy rewned from "C-3" to "C-3." The objeefve ~ to amend Ordinance 95-15 in order t~ modify a ~pulation to allow a secondary access point onto Outer Drive for a proposed medical office facility. CONSIDERATIONS: The subject property was rezoned to C-3 in 1995 with the adoption of Ordinance 95-15. The ordinance provides for the full range of C-3 uses on the subject property. It also contains approval stipulations that are consistent with the Commercial Under Criteria of the Growth Management Plan. One of these stipulations prevented commercial traffic from accessing onto Outer Drive. The purpose of this petition is only to amend the access provisions of the ordinance pertaining to Lots 2-7 and Lots 81-86 to allow a secondary access point onto Outer Drive. The petitioner states that the requested change will facilitate the development of a medical clinic that is planned to be constructed on the 2.5 acre site. It should be noted that there are currently five (5) other commercial uses that have access points onto Outer Drive. There is also a child care facility that has its primary access point from Outer Drive. The cu~t stipulation concerning access onto Outer Drive contained in the Agreement sheet of Ordinance 95-15 is as follows: "There shall be no direct ~:ess to any of these commercial parcels from Outer Drive. This stipulation is in keeping with the intent of the GMP ~nd LDC with respect to separating commercial and residential use ~nd ~,eess. It nmy be poss~le, or desirable, to provide emergency access fi'om Outer Drive." The petitioner is pwpo~g to develop a Medical Clinic on Lots 2-7 and on Lots 81-86. The petitioner rates tlm ~ to Outer Drive is essential to provide medical services to nearby and adjacent residential and commercial properties to the ~outh and east. This will allow patients to enter the site without circling ~-ound and to enter the site from US41. Furthermore, there could be instances where emergency medical care may be needed by these local residents. This secondary access point would be similar to the exirdng ~a:ess point onto Outer Drive from a dentist office that is located to the southeast. It is the intention of staff to craft the rezonlng development order to ~xx)mpli~h only the ~pecific goal of this petitioner, while retaining the permitted uses allowed under the C-3 zoning classification. As a result, the revised stipulation reads ~s follows: "There ~ be no direct acc. e~ to any of these commercial parcels from Outer Drive. This ~pulafion is in keeping with the intent of LDC with respect to separating commercial and residential use m~! accel. How, ocr, access from Lots 2-7 and Lots 81-86 to Ouler Drive flaall be permitted for mediea use only. If the JAH 2 7 1998 medical use of the property reverts to a commercial use in the future, the access to Outer Drive shall be converted to an emergency access only." The property is located within thc Urban Mixed Use/Urban Coastal Fringe Sub-district by the Future Land Use Element and it's related FLUE Map. A description of the Urban Mixed Use District in the FLUE advises that residential uses are p~lMtted along with certain industrial and commercial uses. These uses are also allowed in this area subject to the Commercial Under Criteria. The current C-3 zoning allows commercial retail uses and other limited commercial uses such as medical offices, child care centers and restaurants. At face value the proposed ~mendment does not change the permitted uses in the C-3 district. It only modifies an approval stipulation that prevented commercial access onto a Outer Drive. This stipulation was adopted at the time the property was rezoned in 1995. Staff is of the opinion that allowing a secondary access point onto Outer Drive for a proposed medical facility is consistent with the adjacent land uses and with the Growth Management Plan. Regarding other applicable elements of the GM]:', staff is of the opinion that a rezoning action fi'om C-3 to C-3 would not change any level of service relationship. There are no discernible differences in the traffic generating characteristics of the requested zone change fi'om C-3 to C-3. However, there will be some site generated traffic using the secondary access point onto Outer Drive. A transportation planning review indicates that a medical clinic will generate approximately 357 to 476 trips per day while a similar sized retail store could generate 1,400 trips per day. Because the medical clinic generates nearly 1000 la'ips less per day, the proposed secondary access onto Outer Drive will not significantly impact traffic circulation or any level of service standard. A discussion of land use compatibility, 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. The existing C-3 zoning district was approved in 1995 and is deemed to be consistent with the Commercial Under Criteria of the Growth Management Plan. Furthermore, the proposed medical use is currently permitted in the C-3 district and an emergency access gate could be provided without this petition. With regard to the development of the proposed medical clinic, the petitioner indicates that access to Outer Drive is essential to provide convenient medical services to nearby and adjacent properties south and east of US-41. The intent is to allow these residents to access the site without having them circle around and enter the site from US-41. The secondary access is particularly important in instances where critical care may be urgently needed. In addition, the proposed secondary access point onto Outer Drive is compatible with its ~u'rounding land uses. For example, there are currently five (5) commercial facilities (including a dental office) that have a secondary access driveway on Outer Drive. As a result, there is eun-ently ex>-mlngling of residential and commercial traffic at the present time. Therefore, in the opinion of staff an action to rezone the property from C-3 to C-3 to allow for a secondary ava:ess point is consistent with the FLUE subject to the following condition. If the medical use ofthe property reverts to a commercial use in the future, the access point shall be converted to an emergency ava:ess only. The Collier County Planning Commission reviewed this petition at their public hearing on January 8, 1998. They voted 8 to 0 to recommend approval to the Board of County Commi ;sionl#~,) spoke in opposition to this petition. JAN 2 7 1998 FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT; NOlle. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended ~:~proval of Petition R-97-9, as described in the Ordinance of Adoption and Exkibits made a part of this executive summary, PREPARED BY ~Y~LLOW$ PRINCIPAL PLANNER DATE REVIEWED BY: ~O~E~' J. MULHERE, AICP, MANAGER CURRENT PLANNING DATE DONAI/D W. ARNOLD, AI.~ DIRECTOR ~lO~c~:m' £ cAtrrE~O, Anmms'r~To~ co~mrmTY n~.v.a.~ E~Omm:~ SVCS. R-97-9 EX SUMMARY/RVB/rb JAN 2 7 1998 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COM2vRJNITY DEVELOPMENT SERVICES DMSION DECEMBER 4, 1997 PETITION NO: R-97-9, ADAM FUEREDI OWNER/AGENT: Agent: Mr. Robert L. Duane Hole, Montes & Associates 715 Tenth Su'eet South Naples, Florida 34102 Mr. A. Fueredi 1857 Galleon Drive' Naples, Florida 34102 REQUESTED ACTION: This petition seeks to rezone certain property as herein described from its current classification of C-3 to C-3 for the purposes of amending Ordinance 95-15. This ~cfion will allow for a secondary access point onto Outer Drive for a proposed medical office. GEOGRAPHIC LOCATION: The property is located on the southwest side of Tamiami trail East on Lots 2-7 and 81-86, Pmeland- on-the-Trail, in Section 13, Township 50 South, range 25 East. (See location map following page.) PURPOSE/DESCRIPTION OF PROJECT. The subject property was rezoned to C-3 in 1995 with the sdoption of Ordirmnee 95-15. The ordinance provides for the full range of C-3 uses on the subject property. It also contains ~aproval stipulations that are consistent with the Commercial Under Criteria of the Growth Management Plan. One of these stipulations prevented commercial traffic from seeessing onto Outer Drive. The purpose of this petition is only to amend the ~ provisions ofthe ordimmee perUfining to Lots 2-7 and Lots 81-86 to allow a secondary access point onto Outer Drive tim will f~:ilime the development of a medical clinic planned to be constructed on the 2.5 ~ site. It should be noted that there m'e currently five (5) other commercial uses that lmve ~ points onto Outer Driv~ child care facility that has a primary seeess point on outer Drive. JAN 2 7 1998 The r, grrgg_stipulation concerning access onto Outer contained in the Agreement sheet of Ordinance 95-15 is as follows: "There shall be no direct access to any of these commercial parcels fi.om Outer Drive. This stipulation is in keeping with the intent of the GM? and LDC with respect to separating commercial and residential use and access. It may be possible, or desirable, to provide emergency access from Outer Drive." Since the petitioner wishes to develop a Medical Clinic on Lots 2-7 and 81-86, the petitioner believes that access to Outer Drive is essential to provide convenient and safe medical services to nearby and adjacent residential and commercial properties to the south and east of the site. The intent is not to have these local patients to circle around and enter the medical facility from US-41. The petitioner states that there could be instances where emergency medical care may be needed by residents living south and east of US-41. This secondary access point would be similar to the existing access point onto Outer Drive fi.om the dentist office to the east. Staff's intention is to craf~ a rezoning development order to accomplish only the specific goal of this petitioner, while retaining the permitted uses allowed under the C-3 zoning classification. As a result, the revised stipulation reads as follows: "There shall be ao direct access to any of these commercial parcels from Outer Drive. This stipulation is la keeping with the latent of the GMP and LDC with respect to separating commercial and residential use and access. However, a secondary access from Lots 2-7 and Lots 81-86 to Outer Drive shall be permitted for medical use only. If the medical use of the property reverts to a commercial use ia the future, the access to Outer Drive shall be converted to an emergency access only." SURROUNDING LAND USE AND ZONING: Existing: The subject site is vacant and is zoned C-3. Surrounding: North - Tamiami Trail and developed commercial zoned C-3. East - Developed commercial land zoned C-3. South - To the south is Outer Drive and developed with residential uses that are zoned RMF-6. West - Highland Road and undeveloped land. Zoned: C-3. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban Mixed Use/Urban Coastal Fringe Sub-district by the Future Land Use Element and it's related FLUE Map. A de. script/on Urban Mixed Use District in the FLUE advises that residential uses are permitted along with certain industrial and commercial uses. The commercial zoning is allowed subject to the Commercial Under Criteria. The current C-3 zoning allows commercial retail uses and other limited commercial uses such as medical offices, child care centers and restaurants. At face value the proposed change does not change the permitted uses in the C-3 district but only modifies an approval stipulation limiting access onto Outer Drive. Staff is of the opinion that allowing a secondary access point onto Outer Drive is consistent with the adjacent land uses and with the Growth Management Plan. Regarding other applicable eleme staff is of the opinion that a rezoning action fi.om C-3 to C-3 would not change service relationship. 2 JAN 2 7 1998 i~iISTORiC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of ~ite clearing, excavazion or other construction activity a historic or archaeological artifact is found, all development within thc minimum area neces_~ry to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND iNFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced property. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape conditions which are attached to the rezoning action or cause development commitments to be formulated to achieve GMP and LDC requirements. The petition was administratively reviewed on behalf of the EAB. Staff recommended conditions are included in the draf~ development order and amending ordinance. In addition, the Transportation Department has stated that the proposed access should not be permitted for commercial retail uses Therefore, access from Lots 2-7 and Lots 81-86 to Outer Drive shall be permitted for medical use only. If the medical use of the property reverts to a commercial use in the future, the access to Outer Drive shall be converted to an emergency access only. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioners relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rczoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not effect the timing of development because of subsequent pcnnit'fing requirements. Staff completed a comprehensive evaluation of this land uae petition and the erit~ia on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, by they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed ., thtm rmauirino criteria are specifically noted in Section 2.7.3.2.5 of the Land Development Cod staff evaluation and comment, and from the basis for a recommendation of approval' Planning Commission once approved and/or otherwise modified to the Board of Corn 3 JAH 2 7 1998 Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria as noted below. Each criteria is categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staffs 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 above, staff in reviewing the determinants for adequate findings to support a rezoniag action as follows: Relationship to Future and Existing l.~nd Use-< o 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. With regard to the development of the proposed medical clinic, the petitioner indicates that access to Outer Drive is essential to provide medical services to nearby and adjacent properties without having patients go onto US-41, particularly in instances where critical care is urgently needed. In the opinion of staff an action to rezone the property from C-3 to C-3 with a provision that a secondary access to Outer Drive be allowed subject to a condition that if the medical use of the property reverts to a commercial use in the future, the access to Outer Drive shall be converted to an emergency access only is consistent with the FLUE. It is not sufficient that a petition only need to show consistency with the GM? in order to justify a rezoning action. Other factors are equally important and include the follows: ~ - Staff is of the opinion that amending Ordinance to allow a secondary access onto Outer Drive for a medical facility is compatible with its surrounding environs because there are five (5) commercial facilities that currently have a secondary access driveway located along Outer Drive. As a result, there is currently co-mingling of residential and commercial traffic at the present time. In addition, the proposed medical use is currently permitted in the C-3 district and an emergency access gate could be provided without this petition. Timing - There are no issues of timing inasmuch as the surrounding environment is developed and is serviced with an optimum level of community infrastructure. ~ - There is no discernible differences in the traffic generating characteristics of thc requested zone change from C-3 to C-3. Howcver, there will be some site generated traffic using the secondary access point onto Outer Drive. A transportation planning review indicates that the a medical clinic will generate approximately 357 to 476 trips per day while a similar sized reta~il store could generate 1,400 trips per day. Because the medical clinic generates nearly 1000 trips less per day, the proposed secondary access onto Outer Drive will not significantly impact traffic circulation or any level of service standard. STAFF RECOMMENDATION: to limit the secondary access from Lots 2-7 and Lots 81-86 to Outer Drive for medica~ medical use of the property reverts to a commercial use in the future, the access to C be converted to an emergency access only. That petition R-97-9 be forwarded to the BCC with a recommendation of approval with a stipulation use only. If the 4 JAN 2 7 1998 PKEPAKED BY: RAY ~-.LLOWS P~AL PLANNER REVIEWED BY: AICP DATE CURRENT PLANNING MANAGER DONA~.r~ W. ARNOLD, AICP DATE G SERVICES D~EPA~E~[/lqT DII~CTOR COMMUNITY DEV. AND ENVIRONMEKrAL SVCS. DATI/ Petition Number R-97-9 StaffRepon for January 8, 1998 CCPC meeting. COLLIER. COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIKMAN R-97-9/STAFF ~RT/RVB/~ JAN 2 7 1998 REZONE FINDINGS PETITION R-97-9 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to thc Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will' be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan, Pro'. Development Orders deemed consistent with ali applicable elements ofthe FLUE of the GMP should be considered a positive relationship. Con.- None Summsry Findings' The proposed medical clinic is in compliance with the Future land Use Element of the Growth Management Plan. The proposed access onto a local mad for the medical use is consistent with the GMP The existing land use pattern; Pro; There are existing commercial aec,ss points onto Outer Drive on the nearby C-3 zoned properties. ~ The adjacent C-3 property to the west is vacant and contains a stipulation that no commercial access point be provided onto Outer Drive. Summary_ Findings; Evaluation not applicable. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro.' The proposed rezone is similar to the approved commercial properties t.Mt lusve a secondary access point onto Outer Drive. Evaluation not applicable. Summary_ Findings: The parcel will not result in an isolated district adjacent and nearby districts because is located adjacent to existing and a zoned properties. It is also consistent with expected land uses by virtue o. proved C-3 its ~l~lti2n7 1998 within the "Urban Mixed Use/Urban Coastal Fringe" area on the Future Land Use Elcrnent. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they arc consistent with the FLUE of thc GMP. None. Summary_ Findings: Adjacent land to the north, cast, and west arc zoned C-3. In addition, there arc other C-3 properties that provide a secondary access onto Outer Drive. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: Thc proposed zoning change is appropriate based on thc existing conditions of the property and because thc proposed medical usc would benefit from an access point to allow emergency service usc Therefore, the relationship of thc proposed zone change to thc FLUE (Future Land Usc Element of thc Growth Management Plan) is a positive one. None. Summary_ Findings: Consistent with thc Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Commercial properties to the east contain secondary access points onto Outer Drive and currently operate without adversely impacting traffic circulation on Outer Drive. By virtue of this fact it is reasonable that one assume that there will be little potential for adverse impacts from the proposed medical use on the residential units that access onto Outer Drive. (ii) Recommended mitigation actions made a condition of apgroval will go a long way towards off-setting any potential adverse influences on the residential communities in the area. (i) The additional secondary access point could cause increased noise and traffic impacts on the nearby residences. However, due to thc small size of the site and thc proposed medical use, the proposed secondary access onto Outer Drive should not adversely impact the adjacent~ properties. Summary. Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively Increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a public road thereby providing a immediate access to the arterial road network over which traffic fi'om this medical use facility would be defused. The proposed secondary access onto a local road would provide direct access for residents to the medical facility without having to travel on U$-41. (iii) The proposed medical use generates less traffic than a similar sized commercial use. It the medical use reverts to a commercial use then the secondary access point onto Outer Drive shall be converted into an emergency access only. Con.' (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the subject site. Residential dwellings dependent upon the same local street system may perceive this result as one which will reduce their perceived comfort levels. 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 was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion on Outer Drive. 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 rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is~ increase flooding potential on adjacent property over would occur without development. 3 JAN 2 7 1998 10. ~ (i) Urban intensification in thc abscncc of conuncnsuratc hnpwvcment to intra-county drainagc appurtenances would increase the risk of floodin$ in arcas when the drainage ouffall condition is inadequate. _Snmmsry l;'indin~_s: Every projcct al)proved in Collier County involving the utilization of land for some land usc activity is scrutinized and r~luired to mitigate all sub-surface drainage generatcd by dcvelopmental aclivitics as a condition of sppwval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of appm, val. Whether the proposed change will seriously reduce light and air to adjacent are·s; ~ The proposed change to allow a secondary access will not impact the circulation of Iii/hi and air to adjacent areas. ~ None. Summary_ Findtn~: All projects in Collier County are subject to the development standards that are umque 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, comdor managernmt provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect proper~y values in the adjacent area; Typically urban intensification increases the valuc of contiguous underutilized land, a condition which vlists on the w~st side. The secondary access onto Outer Drive will not adversely impact traffic circulation on Outer Drive. 11. ~ None. S_ummsry Ftndin_p-s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a hosl of factors including zoning, however zoning by itself may or may not affect values, since value det,mrfination by law is drivm 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 · deterFent to the improvement or property in accordance with existing regulations; development of adjacent [ .~~1 ~ Summno' Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. Summary_ Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Evaluation not applicable. Summa~' Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the Count)'; Pro: The proposed change to the current C-3 zoning district complies with the GMP. Con.' Evaluation not applicable. Summary_ Findings: A policy statement which has evaluated the r~.~le, 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. Evaluation not applicable. 5 JAN P, 7 1998 Summll? Findine_s: Thcrc arc many sites which arc zoned to accommodate the proposed medical facility. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all clements of the GlV[P, compatibility, ~dequacy of infra.sUuctur~ and to some extent thc timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degFee of site alteration w. hich would be FeqUlFed to make the property usable for any of the range of potentm uses undeF the proposed zoning classification, ~ Evaluation not applicable. Summa~ Flndinp: Physical alteration is ~product of developing vacant land which cannot be avoided. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of servfce adopted in the Collier Coun~ Growth Management Plan and as defined and Implemented through the Collier Count~ Adequate Public Facilities Ordlnance~ as amended. ~ Evaluation not applicable. Summary_ Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R.97-9/RVB/rb 6 JAH ?, 7 1998 ' P ITION R' 9 7 -9 DATE APPLICATI0i, FOR PUBLIC HEARINC FOR REZONE AND CONDITIONAL USE REOUEST~ PLANNED UNIT DEVELO~ REOU~ST~ COMMUNI~ D~ELOP~ DMSION CURRENT PLANNING Name of Applicant(s) A. Fueredi Applicant's~Mailing Address 1857 Galleon Drive City Naples State Florida Zip 34102 (9~) .... Applicant,s Telephone Number: Res.: 262-2139 Bus.: Is the applicant the owner of the subject property? x : Yes No .... (a) If 'applicant is a land trust, so indicate and name beneficiar./es .below. 1997 (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicaht is a partnership, limited partnership or other business entity, so indicate and naive principals bel6w. x (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 actua~ owners if not indicated on the lease. (f) If applica~t.is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. :f space is--~------ inadequate, attach on separate page.) Name of Agent Robert L. Duane Firm Hole, Montes & Associates Agents Mailing Address 715 Tenth Street South City Naples Telephone Number: Res.: State Florida Bus.: Zip 34102 (941) 262. JAN 2 7 1998 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more ~han one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 1~ TOWNSHIP 50 S RANGE 25 E 4. Size of property _+250 ft. X _+ 5,000 ft. Acres ~2.5 5. Address or location of subject property See Location Map. o Existing land elevation Elevation X County Flood Criteria Date subject property acquired ( ) or leased ( ): day of ., 19 Term of lease yrs./mos. b. If, Petitioner has option to buy, indicate date of option: and date option terminates: See Sales Qontract. 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). THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition your are requesting): FOR REZONING: PRESENT ZONING C-3 REQUESTED ZONING To modify stipulation pertain n~-~-~% access. B. CONDITIONAL USE N.A.OF 2 ZONING FOR C-3 JAN 2 ? 1998 10: REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See Cover Letter. 11. 12. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? Yes X No IF YES, PROVIDE COPY OF THE DEED RESTICTIONS. iS THIS REQUEST A RESULT OF A VIOLATION? No WHOM WAS THE NOTICE SERVED? IF SO, TO 13. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No 14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No CBS , FRAME , MOBILE HOME , OTHER TYPE: ~FFIQAVIT We, being first duly sworn, depose and say that I am are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised~ further permit the undersigned to act as our representative in any ~atters regarding this Petition. 3IGNATURE OF OWNER SIGNATURE (~F ~ c~/m~r SIGNATURE OF AGENT irate of Florida :ounty of Collier /The foregg~n~, App~igation was acknowled~d befor.e ~e this day of ~-F~ , 199~ by ~D9 F~R~I ~'~0 , who s personally known to me or who has produced as identification/~who did (did not) a ke an oath. ~~~Nota~P~ub~'' (Signature of lic) (Print Name of Notary ~blic) NOTARY PUBLIC Serial/Commission f# ~C-3~ My Commission Expires: :ZONE/CU APPLICATION~md~7~27~92 JAN 2 ? 1998 5 11 21 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED TNE COMPREHENSIV~ ZONING REGULATIONS FOR THE UNINCORPORATED A~ OF COLLIER COUNTY, FLORIDA, 8¥ AMENDING THE OFFICIA~ ZONING ATI2%S MAP NUMBER 0513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY L~TED IN SECTION 13, TOWNSHIP 50 SOUTH, PJ%NGE 25 FAST, COLLIER COUNTY, FLORIDA, FROH C-3 TO C-3 TO DELETE A STIPULATION THAT RESTRICTS CO~94ERCIA/, ACCESS TO OUTER DRIVE FOR LOTS 2-7 AND 81- 86, PINELAND-ON-THE-TRAIL; PROVIDING FOR STAFF AND PLANNING CO~ISSION STIPULATIONS; ARD BY PROVIDING AN EFFECTIV~ DATE. 22 WHEREAS, Robe== L. Ouane of Hole, Montes & Associates, 23 representing Adam Fueredi, petitioned the Board of County 2¢ Commissioners to change the zoning classification of the herein 25 described real proper=y; 2~ NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 28 SECTION ONE: 2s The zoning classification of the real property as more 30 particularly described by Exhibit "A", attached hereto and 3~ incorporated by reference herein, and located in Section 13, ]2 Township 50 South, Range 25 East, Collier County, Florida, is 33 changed from C-3 to C-3 and the Official Zoning Atlas Map 3~ Number 0513S, as described in Ordinance 91-102, the Collier 35 County Land Development Code is hereby a~uended accordingly. The 3~ herein described real property is the same for which the rezone 27 is hereby approved subject to =he following conditions: 38 CURRENT PLANNING ¢0 a. The subject properties maintain a 40-foot minimum ¢~ setback for structures from the property line along 42 Outer Drive. 44 b. The Petitioner shall increase the landscape buffer 45 and plantings to 20 feet wide along the southern 4s property line. 47 48 TRANSPORTATION 49 so a. Access from US 41 shall be subject to s~ pm=mi=ting ~:ec[ui=ements and access man s2 considerations. In conside=inq the ~OT and County 3em, 7 1998 2 · S 8 2O 1.4 ~-S 2'/ 2O 2'I :22 2:3 :24 2S '14 '~S 4O 42 4) 44 4"7 4! 4~ S0 S2 S3 54 SS S~ S7 SA 5~ ~2 S4 ~S for these parcels, it is possible that all three parcels may be required, under £DOT criteria, to share a single access point. However, in the absence of any specific proposal for these properties, it should be stipulated that.=here be no more than three access points from US 41 consistent with FDOT and County criteria. There shall be no direct access to any of these parcels from Outer Drive. This stipulation is in keeping with the intent of the GYP and the LDC with respect to separating comaercial ·nd residenti·l use and acc·sa. However, · secondary ·ccess from Lots 2-7 and lots 81-86 to Outer Drive sh·ll be perm/teed for medic·l use only. Xf the medic·l use of the property reverts to · commercial use in the future, the access to Outer Drive sh·ll be converted to an emergency access only. Arterial level street lighting sh·ll be provided at all access points at the time ··id entrance is constructed. WATER MANAGEMENT/ENGINEERING aD bo Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Section for review. No construction permits shall be issued unless and until Approval of ~he proposed construction in accordance with the submitted plans is granted by Engineering Review Section. In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40£-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. Design and construction of ·11 improvements shall be sub,·ct =o compli·nce with the appropriate provisions of the Collier County Land Development Code, Division 3.2. g° An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of Collier County Land Development Code. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. Access into each tract as shown on the conceptual master plan ks informational only. Location and number is subject to preliminary subdivision plat or SDP approval. sound enqineering reasoning during it= process. Approval of this rezone doe= an approv·l to any subdivision design contained within the petition or supp¢ or exhibits. The zoning petition mas1 This project is recommended for approval for rezone purposes only. If required, a preliminary subdivision plat shall be subm/tted which com~lies with all the design standards of Division 3.2 of the Collier County Land Development Code (LDC) unless, in accordance with the LDC specific exceptions to the design standards Ire requested ·nd supported b~ notN%~e st·ndards $ ? ~2 ~2 2¢ 29 submitted shall not be considered to suffice for the preliminary subdivision plat required pursuant to the Collier County Land Development Code. he Zf required, ~he project shall be platted in accordance with Collier County Imnd Development Code to define the right-of-way, tracts, and easements as shown on the Preliminary Site Development Plan. Detailed water management plans and calculations, signed and allied by a Florida Professional Engineer shall be provided. This pro~ect shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. ENVIRONMENTAL An appropriate portion of native vegetation shall be retained on site as required in'Section 3.9.5.5.4. of the LDC. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for zeview and approval pzioz to final site plan/ construction plan approval. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 33 PASSED AND DULY ADOPTED by the Board of County 34 Commissioners of Collier County, Florida, this 35 , 1998. day of '18 40 41 44 45 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMHISSIONERS COLLIER COUNTY, FLORIDA BY: Berry B. B=zy Approved as to Fom and Legal Sufficiency: Chairman JAN 2 '7 1998 LEGAL DESCRIF~ON Lots 2 to 7 inclusive and Lot~ 81 to 86 inclusive, Pineland-On-The.?,-o;~ according to the plat in Plat Book 3, Page 60, Public F. xln'bit JAN 2 7 1998 EX~CUTWE SUMMAry PETITION NO. PUD-91-11 (1) RICHARD HENDERLONG REPRESENTING KENSINGTON PAKK TRUST REQUESTING TO REPEAL THE CURKENT KENSINGTON PARK PUD MASTER PLAN AND TO ADOPT A NEW PUD AND MASTER PLAN WITHOUT ESSENTIALLY CHANGING THE LAND USE STRATEGy FOR PROPERTY LOCATED ON THE SOU'I~ SIDE OF PINE RIDGE ROAD FURTHER DESCKIBED AS LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. To repeal thc current approved PUD and Master Plan and replace it with an updated and amended PUD and Master Plan. The replacement puD primarily updates the PUD to the current formatting policy and references. It also seeks to amend the PUD Master Plan to add approximately .98 acres to the south side of the existing maintenance site (located along the eastern project boundary) in order to expand the existing maintenance facility 110 feet to the south. The applicant plans to move the port/on of Kensington High Street along the southern boundary to the south, while maintaining a twenty (20) foot buffer between Grey Oaks existing buffer of forty (40) feet and the Kensington High Street right-of-way. The amendment also purports to amend the language in the PUD document to permit multiple family development along the southern project boundary, whereas the current PUD requires single family development; to remove the western fire access easement fi.om the Master Plan; and to remove the stipulation that upon development of the 525"' dwelling unit, provisions for an interconnect/on with the adjacent property to the west will be made. There will be no increase in the number of permitted dwelling tm/ts, nor an increase in the previously approved density of 1.6 dwelling units per acre. CONSIDERATIONS. In this case, .98 acres of Agriculturally zoned land is proposed to be added to the boundaries of the initially approved PUD. This technically constitutes a rezoning act/on from Agricultural "A" to Planned Unit Development "PUD" for that pon/on of property. There will be no increase in impacts related to traffic, utilities, or density of development. The portion of land proposed to be added is presently zoned Agricultural and is undeveloped. It abuts the southern boundary of the existing maintenance facility site. Staffdoes not find the proposed change in land use to allow multiple family along the southern boundary incompatible with adjacent land uses. The adjacent lands on the subject site are undeveloped. Property adjacent to the southern boundary (Grey Oaks PUD) is platted for and partially developed with single family residential dwelling units. Property adjacent to the subject site to the west is developed with single and multiple family dwelling units (World Tennis Center). Therefore, the uses on properties to the south, west and the subject site will remain residential in nature. There are approximately eight (8) platted single family lots which lie in Grey Oaks, at the southern boundary of the Kensington Park PUD. Most of these lots are separated fi.om the northern Grey Oaks property boundary by a platted golfcourse tract. Between Kensington and Grey Oaks, within Grey Oaks, there is an existing forty (40) fo~ JAN ~ 7 1998 berm and buffer area which is densely landscaped. The Kensington High Street right-of-way is proposed to be moved to the south, eliminating the area on the south side of the street right-of- way presently shown on the approved master plan as developable for single family residential. The minimum ten (10) foot required landscape buffer will be expanded to twenty (20) feet, between the southern property boundary and the Kensington High Street right-of-way. Thc · existing forty (40) foot wide Grey Oaks landscaped buffer, plus the proposed twenty (20) foot wide Kensington buffer, coupled with the sixty (60) foot street right-of-way and required building setbacks on both projects, will provide at least one-hundred fifty (1 $0) feet of separation between the closest single family .dwelling unit in Grey Oaks, and the proposed multiple family land uses in Kensington Park. The maximum height limit for multi-family residential stmctur~ will be changed from the originally permitted 3-stories to 35 feet. The maximum height limit for single family residential is proposed to be changed from 30 to 35 feet. Removal of the language requiring an interconnect with the property to the west (Carillon PUD) will not negatively affect nor change the way the allowable density was computed.. Removal of the language will not negatively or positively affect traffic circulation as it presently exists on site. Removal ofthe western fire access easement was not met with objection fi'om the North Naples Fire District. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off- set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Future Land Use: The proposed additional .98 acres currently is zoned A~ricultural. This property is wiflfin the Urban Residential Land Use designation as identified on the Future Land Use Map. Therefore, its addition and subsequent rezoning to PUD is consistent with the Future Land Use Element of the Comprehensive Plan. The expansion of the existing maintenance facility will not have a negative impact on the density or infrastructure internal or external to the project. For these reasons, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Kensington Park PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. The applicant is not requesting an increase in density or permitted number of dwell~wig t[nits, ll~~~) relocation of Kensington High Street and the increased landscape buffering coupled required building setbacks and existing landscape buffer will more than adequately separate single family fi.om multiple family land uses at the southern property boundary. 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 Counly Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RRCOMMRNDATION, ,The CCPC recommends by a vote off-l, that the Board of County Commissioners approve PUD-91-11(1) except the proposal to amend the language of the PUD which would allow single family development along the southern boundary of the Kensington Park PUD, for which they voted unanimously to not approve. Note: the Planning Commission's recommendation was based on concern over a prior commitment made at the original adoption of the Kensington Park PUD which ensured single family residential land uses at the southern boundary ofthe PUD. PREPARED BY: SAN MURRAY (~ RINCIPAL PLANNER REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGE~, CURRENT PLANNING SECTION DATE bATE DONALD.. ARNOLD, AICP, DIRECTOR PIxA'XINrF~G SERVICE~ COM U,a ,' DEVnI. OP VmNT ,vmom r svcs. Petition Number: PUD-91-11(1) Kensington P~k PUD This petition has been tentatively scheduled for Sanuary 27, 1998 BZA Public Hearing. AGENDA ITEM 7-D TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNI~ DEVELOPMENT SERVICES DMSION DECEMBER 15, 1997 PETITION NO: PUD-91-11(1) KENSINGTON PARK OWNER/AGENT: Agent: Mr. Richard Hcuderlong Kensington Park D~elopment 2700 Pine Ridge Road Naples, FL 34109 Kensington Park Trust c/o J. Dudley Goodlette, Trustee 2700 Pine Ridge Road Naples, FL 34109 REQ~S~D ACTION: The petitioner seeks to repeal the current Kensington Park PUD and to adopt a new PUD and Master Plan without es.sentially changing the land use strategy. GEOGRAPHIC LOCATION: The subject site is located on the south side of'Pine Ridge Road in Section 13, Township 49 ~South, Range 25 Fast, Collier County, Florida, appro~mately one-quarter mile east of the intersection of Pine Ridge Road and Aiq~rt Pulling Road. The entire project site is approximately 370 acres. PURPOSE/DESCRIPTION OF PROJECT: The approved Kensington Park PUD presently allows a mixture ofsingle family and multiple family development at a maximum of 600 residential dwelling tm/ts, wl~~ density of 1.6 dwelling units per acre. The replacement PUD primarily current formatting policy and references. It also seeks to amend the PUD Ma~ter Plan to add approximately .98 acres to the south side of the existing maintenance site (lo~ate~n~ ~e1998 1 I I 1998 PUD-91-11i1) PUD-9.1-1 1 ( 1 ) 1~I'4.~GTC)fl GOLJ" + ~,CXIHTRY CLJ,~ 27 1998 eastern project boundary) in order to expand the existing maintenance facility 1 I0 feet to the south. With regards to residential land uses, the amendmc'nt to the PUD Master Plan specifically requests to move the portion of Kensington High Street along the southern boundary to the south, while maintaining a twenty (20) foot buffer bctween Grey Oaks existing buffer of forty (40) feet and the Kensington High Street fight-of-way. The amendment also purports to amend the language in the PUD document to permit multiple family dcvelopmmt along the southern project boundary, whereas the currmt PUD requires single family developmmt; to tm'hove the western fire access easement fi'om the Master Plan; and to re'hove the stipulation that upon d~elopment of the 525" dwelling unit, provisions for an interconnection with the adjacent property to the west will be made. There will be no increase in the number ofpermitted dwelling units, nor an increase in the previously approved dmsity of 1.6 dwelling units per acre. SURROUNDING LAND USE AND ZONING. Existing: The property is over fifty (50) percent developed with single and multiple family residential dwelling units, a golf course, clubhouse and maintenance facility. Surrounding: North: To the north lies the right-of, way of Pine Ridge Road. South: To the south lies the Grey Oaks PUD. The portion of the Grey Oaks site which abuts the subject site is designated on the Grey Oaks PUD master plan as single family residential and golf course. East: To the east lies the Related Group PUD. This 39.5 acre site is currently under development as a 276 unit multiple family development at 7 dwelling units per acre. South of the Related Group PUD, along the eastern project boundary lies property which is zoned Agricultural. There is a 235 foot wide FP&L Transmission Line Easement which runs parallel to Kensington's east property boundary and through a portion of the subject site at the maintenance facility. East of this easement, about 245 feet, lies the future 120 foot fight-of-way for Livingston Road which hms north and south. West: Immediately abutting the site to the west is property zoned Agricultural. Further west is the Carillon PUD, which largely consists of reta/l commercial uses. 3AN 2 7 1998 ~ROWTH MANAGEMENT PLAN CONSISTENCY/ propcrty of the Kensington Park PUD is located on the south side of Pine Ridge Road, between the activity centers surrounding the intersections of Pine Ridge Road with Airport- Pulling Road and Pine Ridge Road with 1-75. The site is located within residential density bands surrounding both activity centers and has a Mixed Use urban residential future land use designation on the Future Land Use Map. Mixed use residential development may occur on lands designated urban residential on thc Future Land Use Map. The approved land uses allowed in this PUD are consistent with the provisions of the FLUE relative to Mixed Use urban residential. There are no proposed changes to the types of uses permitted or a change in the permitted density or number ofperrnitted dwelling units. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability ,-ts referenced on the official Co~icr County Probability Map. Therefore, no H/storical/Archaeological Survey and Assessment is required. ) EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering stuff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and the County's Board of Commissioners. The petition was administratively reviewed on behalf of the EAB and those matters jurisdictionally within their purview were addressed by staffand to the extent necessary provisions were made part of the PUD amendment. This is a PUD amendment even though the process is one of reznning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply tothe PUD zoning district. In this case, .98 acres of Agriculturally zoned land i! proposed to be added to the boundaries of the initially approved PUD. This technically JA I 2 7 1998 3 constitutes a rezoning action from Agricultural "A" to Planned Unit Development "PIJ'D" for that portion of property. However, the property is being added in order to expand an existing permitted use for a maintenance facility. The expansion of the existing facility will not have a negative impact on the density or infrastructure internal or external to the project. For these rea. sons, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially re-zoned, the decision to approve the Kensington Park PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. Relative to the proposed changes in land use along the southern boundary from single family to multi-family, staff does not fred the proposed multiple family use incompatible with adjacent land uses. Presently, the adjacent lands on the subject site are undeveloped. The property adjacent to the southern boundary (Grey Oaks PUD) is platted for and partially developed with single family residential dwelling units. Therefore, the uses on both projects will remain residential in nature. There are approximately eight (8) planned single family lots which lie in Grey Oaks, at the southern boundary of the Kensington Park PUD. These lots are separated by a platted golf course tract, portions of which also border the southern boundary of Kensington. Between Kensington and Grey Oaks, within Grey Oaks, there is an existing forty (40) foot wide berm and buffer area which is densely landscaped. The applicant proposes to move the Kensington High Street right-of-way to the south, and eliminate the area on the south side ofth~ street right-of-way presently shown on the approved master plan as developable for single family residential. The applicant also plans to increase the minimum ten (10) foot required landscape buffer to twenty (20) feet, between the southern property boundary and the Kensington High Street fight-of-way. The existing forty (40) foot wide Grey Oaks landscaped buffer, plus the proposed twenty (20) foot wide Kensington buffer, coupled with the sixty (60) foot street fight- of-way and required building setbacks on both projects, will provide at least one-hundred fift-y (150) feet of separation between the closest single family dwelling unit in Grey Oaks, and the proposed multiple family land uses in Kensington Park (see attached cross-sections). At least fifty (50) feet of the buffer will be or already is heavily landscaped. The Kensington Park PUD document requires the area along the south project boundary to be landscaped to comply with an eighty (80) percent opacity requirement within twelve (12) months of the date of the first certificate of occupancy issued to a building in this area. Furthermore, the height limit of the residential structures on the Kensington Park PUD is not proposed to change fi.om the present allowable maximum height of thirty-five (35) feet. The additional land area (.98 acres) is needed in order to increase the size of the existing maintenance facility. There will be no increase in impacts related to traffic, utilities, or density of development. The portion of land proposed to be added is presently zoned Agricultural and is undeveloped. It abuts the southern boundary of the existing maintenance facility site. functions as a gated community with one (1) point of ingress/egress onto Pine Rid!~ signalized intersection. Removal of the language will not negatively or positively a circulation as it presently exists on site. However, the additional access point to the Removal of the language requiring an interconnect with the property to the west (Carillon PUD) will not negatively affect nor change the way the' allowable density was computed. The project e Road at a ['fect ~0--~ west may be 4 JAN ? 1998 viewed by the Kensington community as an infiSngem~t on their perception of emablidzrl privacy and security within the development. review, removal ofthe eastern fire ~.,cess easement at the northern boundary of the existing maintenance facility site was not met with objection from the North Naples Fire District. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD- 91-11(1) being a petition to repeal and readopt the Kensington Park PUD as deacribed by the ~ Ordinance of Adoption and Exh. ibita thereto (i.e. PUD document). JAil 2 7 1998 PR.EP~ BY: PRINCIPAL PLANNER. DATE REVIEWED BY: R(~T J. MI.K.HERE, AICP, MANAGER CURR.EN~ PLANNING SECTION DATE DONA W.~N~)LD, AICP, Dn~CTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. DMSION Pctition Number: StaffR~rt for January 8, 1997 CCPC Mc~fing NOTE: This Petition has been tentatively scheduled for the January 27, 1998 BCC meeting. COLLIER COUNTY PLANNING COMM/SSION: JAN 2 7 1998 PETITION NUMBER DATE SEP 2, 9 't997 APPLICATION FOR PUBLIC HEkRING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVEIX)PMENT DIVISION PLANNING SERVICES Name of Applicant(s) J. Dudley Goodlette, Tr~'stee Applicant's Mailing Address 2700 Pine Ridge Road City Naples State FL Zip 3&109 Applicant' s Telephone Number: Res.: Bus.: ~35-3535 Is the applicant the owner of the subject property? X Yes No X .... (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of "' contract, and indicate actual owner(s) name and address below. See Attachment (1) (If space is inadequate, attach on separate page.) 2. Name of Agent Richard Henderlong Firm Kensington Park Development Agents Mailing Address 2700 Pine Ridge Road City Naples State FL Telephone Number: Res.: Bus.: Zip 34109 JAN Z 7 1998 PUD ORDINANCE NAME AND NUMBER: Kensington Pa=k 92-25 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COV]~U~D BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE COR/~ECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER' S CERTIFICATION SHALL BE R~QUIRED. SECTION 13 TOWNSHIP 49 South RANGE 25 East See PUD Document 5. Address or location of subject property Naples, FL 34109 2700 Pine R~dSe Road, e Does property owner own contiguous property to 'the subject property? If so, give comp%ere legal description of entire contiquous property. (If space is inadequate, attach on separate page). e TYPE OF A24~iNDMENT: X A. PUD Document Language Amendment XB. PUD Master Plan Amendment C. Development Order L~nguage Amendment DOES AM~nNDMENT COM~LY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HEI2) ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAKE? PETITION #: DATE: JAN ? 10. HAS AlqY PORTION OF THE PUD BEEN SOLD AND/OR X DEVELOPED? kRE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, J. Dudley Goodlette being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER J. Dudley Goodlette, Trustee State of Florida County of Collier SIGNATURE OF AGENT / -- Richard P. Henderlong Director of Planning ar~ Development Kensington Park Development The foregoing Application was acknowledged befcre me this ~ day of ~; 199'7 by ~.D~/~ ~o~2~..~ , who is personally khoQn to me cr who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission ~ (cow~J~ My Commission Expires: PUD\DO APPLICATION/md/4128 JAN 2 7 1998 Mr. Marcel Balmer Laerchenslz~se 11 CH 8953 Dietikon Switzerland Mr. Eugen Bollinger Haldenmaettli 446 CH 5453 Remctschwil Switzerland Mr. Ruedi Gasser Clausiusstrasse 48 CH 8006 Zuerich Switzerland Dr. Jan Holy Maiachentrasse 5 CH 8916 Jonen Switzerland Mr. Ulrich Maeder Rebberg 16 CH 8113 Boppelsen Switzerland Mr. Bernard Russi Reussblickstrass¢ CH 5620 Zuifikon Switzerland Mr. Walter Staubli Zuercherstrasse 3 5620 Bremgarten Switzerland ATFACHMENT 1 Mr. & Mrs. Jakob Bamberger Aarauerstrasse 18 CH 5200 Brugg Switzerland Mr. Erich Faes Metzgergasse 1 CH 5620 Bremgarten Switzerland Dr. Ferdinand Hinteregger Hirzenweidstrasse 10 CH 5621 Zufikon Switzerland Mr. Willy Koch Schloessliweg 21 CH 7802 Zollikon Switzerland Mr. Hans Maeder Rebberg 16 CH 8113 Boppelsen Switzerland Mr. Mark'us Schibli Lomiswilerstrasse 45 CH 4512 Bellach Switzerland Mr. Roland Stierli Zugersttasse 19 CH 5620 Bremgarten Switzerland Mr. Marcel Bloch Bin'aecker 24 CH 8966 Oberwil-Lieli Switzerland Mr. Leonhard Fueglistaller Kirchweg I - 8964 Rudolfstetten Switzerland Dr. Frantisek Holy Maiacherstrasse 5 CH 8916 Jonen Switzerland Mr. Alois Luetolf Waltenschilerstrasse 2 CH 5610 Wohlen Switzerland Mr. Robert Mylius 3019 Lancaster Drive #3 Naples, Florida 34109 Mr. Konrad Sierners Carmenstrasse 21 CH 8031 Zuerich Switzerland ,lAN 2 7 1998 ]7.. I 2 4 9 I0 ~3 14 ~0 22 2~ ORDINANCE 98- 24 25 26 27 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGUI2~TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N AND 9513S BY CH~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" AND "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS KENSINGTON PARK, FOR PROPERTY LOCATED ON PINE RIDGE ROAD (C.R. 896) APPROXIMATELY h MILE EAST OF AIRPORT- PULLING ROAD (C.R. 31), IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 370 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-25, AS A.MENDED, THE FORMER KENSINGTON PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. 29 WHEREAS, Richard Henderlong of Kensington Park Development, 30 representing J. Dudley Gocdlette, Trustee, petitioned the Board of 31 County Cc~issioners to change the zoning classification of the 32 herein described real property; 33 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 35 SECTION ONE: 36 The Zoning Classlfication of the herein described real property 37 located in Section 13, Township 49 South, Range 25 East, Collier 38 County, Florida, is changed from "PUD" to "PUD" and "A" Agriculture 39 to "PUD" Planned Unit Development in accordance with the PUD ~ Document, attached hereto as Exhibit "A", which is incorporated 41 herein and by reference made part hereof. The Official Zoning Atlas 42 Maps numbered 9513N and 9513S, as described in Ordinance Nu~er 43 91-102, the Collier County Land Development Code, are hereby amended ~ accordingly. 45 SECTION TWO: 46 Ordinance Number 92-25, as amended, known as the Kensington Park 47 PUD, adopted on April 28, 1992 by the Board of Coun~ y 48 of Collier County, is hereby repealed in its entire' y. JAN 2 7 1998 7 9 10 11 12 13 14 16 17 19 2O 21 22 23 24 26 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Co~issioners of Collier County, Florida, this ..i day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Fo~ and Legal Sufficiency Marjc~ie M. S{ude~t - Assistant County Attorney BY: Chairman -2- JAN 2 ? 1998 KENSI]qGTON PARK A RECE[¥ED OEC 12 t997 PLANNED UNIT DEVELOPNfENT PKEPAKED FOR: J. DUDLEY GOODLETTE, TRUSTEE PREPARED BY: KENSENGTON PARK DEVELOPNfENT 2700 PINE RIDGE ROAD NAPLES, FLORtDA 34109 DATE FILED [)ATE REVIEWED BY CCPC DATE APPROVED BY BCC REVISED: EXHIBIT "A" JAN 2 7 1998 TABLE OF CONTENTS LIST OF ~ITS & TABLES STATEMENT OF COMPLIANCE SECTION 1.1 1.2 1.3 1.4 1.5 1.6 1.7 I PROPERTY OWNERSHIP AND DESCRIPTION ....................... 1-I PURPOSE PROPERTY OWNERSHIP SHORT TITLE ................ .. 1-1 G:~R~D:SC~'nO~ o:~ii~~'i ::::::::::::::::: :-2 **** .................. *** °* ...... * ..... 1-2 PROJECT DESCRIPTION ......................... ** ...... * ..... · ~'2 SECTION 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 PROJECT DEVELOPMENT PURPOSE Gm:~ :::::::::::::: ...................................... .. 24 ?~.o:cr P:.~ ~/2K6'6~i :ri(~/::::::::::::: ............ 2-, 2-1 MAX~ PROJECT DENSITY GENERAL DESCP, IP~ON OF RESIDENTIAL DEVELOPMENT ....... 2-3 DEDICATION AND MAINTEN~ OF COMMON FACILITIES ...... 2-3 MODEL HOMES SECTION 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 m RESIDENTIAL DEVELOPMENT ?u~os~ ............. ' ................................. ~-' ~ DWELLING~I:~'::::::::::: .......................3-1 ....................... 3o! USES PERMITTED . 3-2 ~o~ s~~s c~us~ .ous~o ................................... ~-~ ................ ~~.~;~;;~ ...... ~-~ c~us~.ous~o ns~o.~ s ~ ........................... 3-8 G~ ~PLICA~ON FOR S~AC~ ........................ 3-8 SECTION 4.1 4.2 4.3 GOLF COURSF_JRECREATION AREA ............................. 4-1 PURPOSE .................. 4.-2 ,JAN 2 7 ]998 SECTION ~.l $.2 SEC~ON 6,1 6.2 6,3 SECTION 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 PRESERVE AREA ~'u~,os~_ ............................................... ~-, ~s~s ~:~:;'::::::: ...................................... B~R ~ P~OSE ............. : ................................... us~ ~~ .............................................. ~ DE~LOP~ CO~s P~osE ....... ' .............................. 7-] G~ ...... ~.' ............................................ 7-~ s~~ o~ ~o~' ~ [ ~ [ ~ ~ ~ ~ ~ ........................ ........................ 7-1 ~G~~G 7-2 ~S ....... ~s~o~r~uo~'~;;;;~;;;~;;;; ............................. ~-~ w~~a~ ......... ' ............................ 7-~ '''''''''''''''''''''''',*,-,., 7~ ~o~~ ~c~sso~s~u~~'~[~;~ ............................. SIGNS ........................................................ POLL~G PLA~S .............................................. 7-5 7~ JAN 2 7 1998 LIST OF EXHr~ITS & TABLES TABLE I EXHIB1T A EXHIBIT B EX}{mlT C DEVELOPMENT STANDAKDS ............................ 4-5 PLANNED UNIT DEVELOPMENT MASTER PLAN (Prepared by McAnly Engineering and Design, Inc.) PLANNED UNIT DEVELOPMENT TRACT MAP JAN 2 7 1998 STATEMENT OF COMPLIANCE The development of approximately 370 acres of' property in Collier County, as a Planned Unit Development to be known ~s Kensington Park will be in compliance with the planning goals and objectives of Collier County as set forth in thc Comprehensive Plan. The residential and recreational facilities of' Kensington Park will be consistent with the growth policies, land development r~gulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject propcrty is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Poficy 5.1 and Policy 5.3 of the Future Land Use Element. 2) The subject property's location in relation to existing or proposed community facilities and services per,airs the development's residential density as required in Objective 2 ofthe Future Land Use Element. 3) The proposed residential density of 1.6 dwelling units per gross acre is less than that defined by the Density Rating System in the Future Land Use Element. Policy 5.1 of the Future Land Use Element requires that new residential zoning be at a density equal to, or less than that defined by the Density Rating System. 4) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 ofthe Future Land Use Element. 5) The project's development will adhere to the provisions of Collier County's Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6) The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L ofthe Future Land Use Element. 7) The project development will incorporate natural systems for water management in accordance with their natural functions and capabilities as set forth in Ordinance 90-10 and Collier County's Land Development Code as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. II J/ lq 2 7 1998 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE: The purpos~ of tiffs Section is to set forth the location and ownership of the property, and to describe the exi~g condifion~ of the property proposed to be developed under the project name of Ken, in,on Park PUD. LEGAL DESCRIPTION: The subject pmgerty being approximately 370 acr~, ia described as a parcel of land located in Section 13, Township 49 South, Range 25 East, Collier County, Florida, mon~ particularly described as follows: Commencing at the Northeast comer of Section 13, Townskip ,~9 South, Range 25 East, Collier County, Flor/da and run North 89°31'46" West along the Northerly line of said Section 13 for 1384.78 feet; thence nm South 00°28'14" West for 75.00 feet to the inter~ecfion with the Southerly Right-of-Way linc of County Road 896 ('Pine Ridge Road) to the POINT OF BEGINNING; thence run south 00022'59" East for 1241.64 feet; thence nm South 89023'53'' East for 873.00 feet: thence run South 00015'37" East for 1327.03 feet; thence nm South 00009'47" East for 73.36 feet; thence nm North 89°50'13" East for 390.00 feet; thence mn South 00009'47" East for 540.00 feet; thence nm South 89°50'13" West for 390.00 feet; thence run South 00o09'47" East for 2016.60 feet to the inter~ection with the Southerly line of said Section 13: thence mn Norda 88°56'26" West for 2922.26 feet; thence nm North 00°34'51" West for 2623.27 feet; thence nm North 89°14'12" West for 689.41 feet; thence nm North 00°38'53" West for 2543.98 feet to the interr~ecfion with the aforementioned Southerly Right. of-Way line; thence nm South 89032'39" East along said Right-of-Way for 1384.73 feet; thence nm South 89031'46" East for 1387.00 to the Point of Beginning, subject to easements, restrictions and rcservations ofrecord, containing 370.16 acres, more or less. PROPERTY OWNERSHIP: The subject property is currently under the own.n-skip of J. Dudley Goodlette, as Trustee. SHORT TITLE: This ordinance shall be known and cited as the "Kensington Park Planned Unit Development ~ce." I-I JAN 2 7 1998 ~., '~ 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: 1.6 1.7 The project file is located in Section 13, Township 49 South, Range 25 East. Furthermore, the subject property is loc. aXed south of Pine Ridge Road, approximately 1/4 mile east of the intersection of Airport-Pulling Road and Pine Ridge Road (Sec Vicinity Map, Exhibit C). The zoning classification of the subject property is PUD - Planned Unit Development. PHYSICAL DESCRII~ON: The project site is located adjacent and to the south of Pine Ridge Road, and approximately 1/4 mile east of Airport-Pulling Road. The project site lies in the tributary ~ge basin of the D-2 (]-75) Ca~l tributary of the Golden Gate Canal System, with ultimate outfall into Naples Bay via the Gordon River. Existing elevations range from +6.4 to +14 N.G.V.D. The water management system serving Kensington Park PUD consists of 51 acres of lakes and 20 acres ofpreserve areas which receive all runoff from the residential areas, roads, and natural areas. Runoff is collected from the roads and residential areas by catch basin and culvert systems. Runoff from buffer md natural areas is directed over grassed areas to catch basin and culvert systems for conveyance to the preserve areas and lake system. The soils found within the project bound~es include predomin~tly Holopaw fine ~md, Pineda fine ~.nd, limestone sub~ and Haland~le fine ~nd, with minor ~ of Malabar fine sand, Boca, Riviera, limestone substratum and Copeland fine sand depressional and Urban Land in the northerly areas ofthe site. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Soils Conservation Service in January 1990. PROJECT DESCRIPTION: The Kensington Park PUD shall be a single/multi-faxnily residential development with diverse recreational ~xnenity oppommities. The ~nenities include, but arc not limited to, an 18-hole golf course, tennis courts, and related support facilities, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of outdoor recreation~l opportunities. Each individual single-f~nily lot and e~h multi-family parcel will be served by public utilities including potable water, sani~ sewer and electricity. Also, additional services will be provided as deemed ~p~ate. 1-2 J~J4 2 7 1998 2.1 PURPOSE: SECTION II PROJECT DEVELOPMENT 2.2 The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracu and development parcel~ included in the project, as well m the project criteria for Kensington Park. 2.3 Regulatiom for development of Kensington Park PUD thall be in ~c~rdance with the contents ofth~s document, PUD-Planned Unit Development Di~-ict and other applicable sections and parts of the ColLier County l.~nd Development Code in effect at the time ofbuilcling permit application. Where these regulations fail to provide developmental standan~ then the provisions ofthe mo~t similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all tcz'm.~ shall be the .~ne as thc definitions set forth in Collier County Land Development Code in effect at the fmc o£building permit application. Co All conditions imposed and all graphic material presented depicting re~fictio~ for the development of Kensington Park PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless specifically waived through any variance or waiver provisions from may other applicable regulations, the provisions oftho~e r~gulation~ not otherwise provided for in th. is PUD will remain in full force md effect. mo Development perm'.tted by the approval of this petition will be ~ubject to a concurrency review under the provisiims of the Division 3.15, Adequate Public Facilities of the Collier County Land Development Code, at the earliest or next to occur of either Final SDP approval, final plat approval, or building pea'hilt issuance applicable to this development. PROJECT PLAN AND LAND USE TRACTS: 2-1 The project Master Plan, including layout ofstre~ and general depiction of land use, is illustrated graphically by Exhibit "A", PUD Master Plan. Thc project Tract Map identifies approximate acreage and land use of the various tra~ and development parcels, and is illu~iaated graphically by Exh/bit "B", PUD Tr~ :~ Man The~. ~hal! JAN 2 ? 1998 be land use tracts, plus necessary water management lakes, street Hghts-of-way, the general configuration ofwh/ch is also illushaed by Exhibit "A". Minor moclificafion to all tracts, lakes or other boundaries may be permitted at the time of Pr~l/m/nary or Final Subdivision Plat or Site Development Plan approval, subject to the provisions of Section 2.7.3.$ of the Collier County Land Development Code. TRACT "A" TRACT "CR" TRACT "P" TRACT "S' TYPE UNITS ACREAGE, Resident/al 600 120 Commorm/Recreation Area 0 223 Preserve 0 20 Buffer 0 7 Areas illustrated as lakes by Exhibit "A" shall be consia'ucted lakes or, upon approval, parts thereof may be constructed as shallow, dry depressions for water detent/on purposes. Such areas, lakes and dry areas shall be in the same general configuration, and contain the same general acreage as shown by Exhibit "A". 2.4 In addition to the various areas and specific items shown in Exhibit "B", such easements as necessary (utility, private, semi-public, common ,use, etc.) will be established within or along the various tracts as may be necessary. MAXJ2vR.rM PROJECT DENSITY: A maximum of 600 resident/al dwell/ng un/ts, single and multi-family, may be constructed in the total project area. The gross project area is approximately 370 acres. The gross project density, therefore, is a maximum of 1.5 units per acre. 2.5 PROJECT PLAN APPROVAL REQUIR.E.gtENTS: Ao Prior to the recording of a Subdivision Plat, and/or Condominium Plat for all or part of the PUD, fitml plans of all requited improvements shall receive approval of the appropriate Collier County governmental agency to insure complimce with the PUD Master Plan, the County Land Development Code and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master Platt, cottsgtutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Prellrni-ary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any div/s/on ofproperty ~nd the development of the ~ ~hall be h the County Land Development Code, and the platting laws of the 2-2 JAN 2 7 1998 2.6 2.7 2.8 The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple owner~p of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code or prior to the submittal of com'truction plans and plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time ofinfrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. GENERAL DESCP,~PTION OF RESIDENTIAL DEVELOPMENT: Areas designated for residential land uses on Ex.h/bit "A" are designed to accommodate a full range of residential dwelling types and customary accessory uses. Approximate acreage of all resident/al tracts have been indicated on Exhibit "A", and Extfibit '"B", in order to indicate relative size and distribution of the residential u~es. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages, configurations and densities of development tracts will be provided at the time of development plan approval in accordance With Section 2.5. DEDICATION AND MAINTENANCE OF COM2vION FACILIT~S: Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other hmnnnents shall be granted to insure the continued operation and maintenance of all service ut/lities in compliance With applicable regulations in effect at the time of adoption ofth/s Ordinance establishing the Kensington Park PUD. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, fac/Iities and waters with/n the project. MODEL HOMES: 2-3 No more than three "Dry Models" may be constructed prior to recording ora plat for the project if applied for by the project owner. Site(s) for the model(s) must .lAN 2 7 1998 standards and be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model fi.om the model serving as a "Sales Center" or an approved independent "Sales Center." Access shall be for pedestrian traffic only, no paved road will be allowed. A ''Sales Center" may be constructed prior to recording ora plat. The "Sales Center," which may also be a model, shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e., dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Iaterim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the Center. Review and approval of the "Sales Center" shall follow the requirements of the Site Development Plan process (ColLier County Land Development Code, Division 3.3). A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the runoff.fi.om the "Sales Center," the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center," a Temporary Use Permit slaall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2-4 JAN 2 ? 1998 SECYION III RESIDENTIAL DEVELOPM]ENT 3.1 3.2 3,3 PURPOSE: The purpose of this Section is to ident/fy specific development stan~ for areas proposed to be developed with residential land uses. I~ DWELLIN~ UNITS: The maximum number of residential dwelling units allowed within the PUD ~aall be established at the time of development plan r~dew, but shall not exceed (K~O dwelling units. USES PERMITTED: No building or structure, or part thereof, shall be a/tered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1) Single family detached and a.Rached, zero lot line. Attached single family dwellings shall henceforth be defined as no mom than eight (8) resident/al dwelling units which am ~ructurally integrated ~nd which may have a common roofline. 2) Townhouses and garden ~partments. Garden ~ar~en~ sh~ll henceforth be defined as a single stmctu~ containing mom than three dwelling milts, which does not have assigned off-~a'eet parking facilities strucna'ally attached to each individual dwelling m~it. 3) 4) Model Homes (See Section 2.8 of this PUD document). Cluster Housing: On a unified pi.ah of development, nme development standards set forth in this Section may be reduced provided a common architectural theme is followed. See Section 3.6. Accessory Uses: 1) Customary acr..e~ uses and structures including but not limited to private garages, Iellllis facilities and swimming pools with or JAN 2 7 1998 3-1 3.4 3.5 2) Accessory uses and structures customary in multiple family residential projects, including private garages, recreational buildings, equipment and associated facilities. 3) Utility facilities and, or easements (including rights-of-way easements). 4) Signage. 5) Project sales and administrative offices, wkich may occur in residential or recreational buildings. 6) Water management facilities/lakes. 7) Commercial excavations as provided for by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). RESIDENTIAL LAND USE INTEGRITY: The mixing of single family detached housing un/ts with any other form of multiple family housing structures shall not be permitted within the same platted tract of land where platted tracts exist, or on lots platted for the expressed purpose of accommodating the placement of a single family detached housing un/t. DEVELOPMENT STANDARDS: A. General: Except where noted, all criteria listed below shall be understood to be in relation to individual parcel or lot boundary lines or between buildings. Setback/yard requirements set forth below shall not apply to interior phase boundaries nor interior condominium/homeowners association(s) boundaries. B. Minimum Lot or Parcel Area: Lot area is that area ass/gned to an individual dwelling unit. Parcel area is that area assigned to an individual building which may contain more than one dwelling unit. 1) Single family detached: 6,000 square feet per lot. 2) Attached single family lot: 1,000 square feet for single story urfits; 1,200 square feet for two (2) ~tory units. However, each dwelling unit shall have a gross area relationship within a unified plan of development so that no less than 2,500 square fe~t of parcel area is attributable to e~ch dwellin~ urdt in addition to any area covered by a dwelling structure. ~~) JAN 7 1998 3-2 .. P0. ~ Do 3) Zero lot-line: 4,000 square feet per lot. Minimum Lot/Parcel Width: Lot width is the average width of the lot assigned to an individual dwelling unit. Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. 1) Single family detached residences: a) Comer Lots: Seventy (70) feet. b) Interior Lots: Sixty (60) feet. 2) Single family attached residences: Lot width may be the same width as the individual single family dwelling unit. Parcel width shall be determined at the time of development plan review. 3) Zero lot line and patio homes: Forty (40) feet per lot. 4) Townhouses and garden apartments: One hundred (100) feet per parcel. Minimum Yard Rextuirements: 1) Single family, detached: 2) Front yard: Twenty.five (25) feet. Side yard: Seven and one half (7.5) feet. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Ten (10) feet.* Single family, attached: Setbacks for side yards shall be measured from parcel boundaries. A minimum distance of fii~een (15) ~'eet, or one-half'(½) the sum oft.he heights of adjacent residential buildings, whichever is greater, shall be maintained between strucnn'es. Front yard: Twenty (20) feet. Side yard: Seven and one-half (7.5) feet. Rear yard: Twenty (20) feet.* Rear yard - ~'..cessory structure: Five (5) feet.* 3-3 ,JAN 2 7 1998 Go 3) Zero lot-line: Front yard: Twenty (20) feet. Side yard: Zero to five (0-5) feet on the zero lot line side; a roof overhang not to exceed thirty (30) inches shall be allowed, subject to the recording of a three (3) foot access easement. Rear yard: Fifteen 05) fe~t.* Minimum di~.ance between principal and accessory structures: Ten (10) feet. Rear and side yard - accessory structure: Five (5) feet.* 4) Townhouses and garden apartments: A distance of fifteen (15) feet, or one-half ('A) the sum of the heights of adjacent structures, whichever is greater, shall be maintained between st~uctu.res. Front yard: Twenty-five (25) feet. Side yard: Ten (10) feet fi.om parcel boundaries. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Ten (10) feet.* *Rear Yard: Fifteen (15) feet along the south project boundary. Where a parcel abuts a goLf course: zero (0) feet. Where a parcel abuts a lake: zero (0) feet may be allowed provided the perimeter of the lake is buLk.headed in accordance with Collier County Ordinance No. 91-I02 and SFW/vfD rules. Minimum Floor Area: 1) One Story Single Family Structures: One Thousand (1,000) square feet. 2) Two Story Single Family Structures: One Thousand Two Hundred (1,200) square feet. 3) Town.houses and garden apartments: Seven hundred-fif~/(750) square feet. Off-Street Parking and Loading Requirements: As required by Collier County Land Development Code in effect at the time of building permit application. M~imum Height: 1) 2) Golf Clubhouse Tract - maximum fifty (50) feet. All other Principal Structures - thirty-five (35) feet fro elevation. 3.4 JAN 2 ? 1998 3.6 3) A~ry Structure - fifteen (I$) feet, except pool enclosures which may be twenty-five (25) feet from ground level. Golf Com'~ecreation Area - maximum forty (40) feet. 4) Along the southern boundary, multi-family units shall be limited to thirty- five (35) feet in height. H. Landscaping and BtLffering: Unless otherwise specified in this Section, landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building p¢~t application. All multi-family land uses sh~l be buffered from abutting single family type residential land uses with a five (5) foot wide area generally parallel to the entire length of abutting single family type property boundaries. Said buffer shall have vegetative hedge plant material and/or fencing/wall, not to exceed six (6) feet, to achieve an 80% opaque condition, thirty-six (36) inches in height, one (1) year after installation. It is not mandatory that the butter ar~a be installed to abut parcel boundaries. This requirement shall apply to required vehicular use landscaping adjacent to interior property lines, and shall satisfy thc County's requirement(s) for such areas. Required Landscaping Adjacent to Vehicular Rights-of-Way: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code. J. Required Vehicular Use Area Interior Landscaping: Interior landscaping pmaining to vehicular use areas shall be in accordance with Collier County's Land Development Code. Vehicular Overhang of Landscaped Areas: The front ora vehicle may overhang any landscaped area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. CLUSTER HOUSING: Modific;ttion to the development standards provided for in this Section Collier County's Development Services Director, or his designee, as a 3-5 ,cfion of approval JAN 2 7 1998 of a Site Development Plan pursuant to the provisions of Section 2.5 of this document, and Division 3.3 of Collier County's Land Development Code for projects maintaining a common architectural theme. A project shall have a common architectural theme provided all of the following ar~ evidenced in the Site Development Plan application: The arekitectural style of all of the dwelling units/structures shall be similar in design and in the use of materials and colbr: Bo The residential project shall have a signature entranceway that serves to identify the entryw~y to a unified plan of' development. The entranceway design and improvement elements shall include some or all of' the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental pavement surfaces. A landscape theme throughout the entire project that enhances the unified appearance of the project: D. Street materials, signage and lighting shall be complementary and the same throughout the project's accessways. 3.7 CLUSTER HOUSING DEVELOPMENT STANDARDS: Minimum Lot Area: The minimum lot area in any cluster housing development may be reduced to no less than three thousand (3,000) square feet for each single family residential dwelling unit. Development of cluster housing upon a single parcel or tract of land, rather than upon conventional lots, shall provide a minimum of. three thousand (3,000) square feet of open space for each dwelling unit exclusive ofany common open space required by this subsection. Minimum Lot Width: The minimum lot width in any cluster housing development may be reduced to no less than forty (40) feet. Co Maximum Lot Coverage: The maximum allowable lot coverage in any cluster housing development may not exceed sixty percent (60%). Do Minimum Yards: The minimum side and rear yards set forth above may be reduced by up to twenty percent (20%) of the minimum yard requirements for the residential land uses proposed. When shown and approved on a unified plan ofdevelopment, a zero lot line concept may be utilized for single family detached dwelling units, or in the case of single family attached dwelling tmlts, a common wall concept may be employed. In either case, the remaining yard shall be equal to the sum of the required s! ~_e housing shall, in addition, conform to the following: lot line JAN 2 7 1 98 3-6 1) 2) 3) 4) 5) The zero lot line portion of the dwelling unit shall be void of doors or windows. Where non-zero lot line residential land uses exist adjacent to a side yard, a minimul:l:l thr~ (3) foot maintenance access easement shall be provided. Roofoverhang shall be no more than thirty (30) inches over adjacent property lines, subject to the recording ora minimum three (3) foot access easement The minimum front yard requirements may not be reduced. In no case shall the separaxion between principal buildings and structures be lera than ten (10) feet Common Open Space: 1) 2) 3) 4) s) 6) All deductions in the minimum lot area, lot width and yard requirements below that which would othenvise be required shall be required to provide an equal amount of common open space within the same phase and general area of each cluster of homes in the development. Common open space shall be rc~erved for recreational/social uses, however, utility facilities nece~ary to serve the development may be located in such al'~. Any recreational facilities subject to member~p, registration., fees, or otherwise aimed at attracting users which do not have some interim in Kensington Park, shall not be counted as common open space. The sale, lease, or other disposition of common open space shall be prohibited except to a non-profit corporation or homeowner's association established under the law~ of Florida to adxninister and maintain the facilities subject to a deed restriction acceptable to the County to limit the use of said property to common open space. Provisions shall be included to assure the continued maintenance of the common open space ~ Access rights to common open space for all residents within the cluster development shall be guaranteed through relieve covenants. Land utilized for common open space shall be reatricted to common open space in perpetuity by tl:q:n'opriate legal instruments satisfactory to Collier County. Such instrument fl:mil be binding upon the owner, developer, his successors, and assigns, and shall constitute a covemnt nr ~;~-~,~ tN,. ~.,~ and be in recordable form. '"~~.)-' 3-7 JAN 2 7 1998 3.8 3.9 ATTACHED MAID/G~ST QUARTERS: At'ached maid/guest quarters, with secondary kitchen facilities (i.e., ldtchenenes), shall be permitted for no more than 380 single family detached and zero lot-line residences, subject to the following restrictions, which shall be recorded as deed restrictions: Maid/guest quarters shall follow the common architectural theme and be an integral part of thc main residential structure. Only single family detached and zero lot-line patio homes which have 2,500 square feet or more of air conditioned living area shall be eligible to have attached maid/guest qua~ers. Co Att,~hed maid/guest quarters shall only be occupied by the property owner, domestic employee of the property owner, or guest(s) of the property owner. Attached maid/guest quarters are not a separate dwelling unit and, therefore, may not be sold, leased, rented, interest transferred or conveyed in any way so as to separate said quarters from the description of the residential unit. GENERAL APPLICATION FOR SETBACKS: Generally, whenever the word setback or yard is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the follow4..ng application: A. Front Yard Front yards setbacks shall be measured as follows: 1) If the parcel is served by a public right-of-way, setback is measured from the adjacent fight-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) fi'the parcel is .served by a platted private drive, setback is measured from the road easement or property line. 4) Generally, principal buildings shall be set back a distance rufflcient to provide for two back to back parking spaces, one of which may be in an enclosed space. 3-8 SECTION IV GOLF COURSE/RECREATION AREA 4.1 4.2 PURPOSE: The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR Golf Course/Recreation Area on Exhibit "B". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, passive/active recreational areas, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit 'A", shall be considered conceptual, and the plaeernent of such facilities, as may be indicated on the PUD Master Plan shall be 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 PERMITTED: No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) 2) 3) 4) s) 6) 7) s) 9) Utility, water management and rights-of-way/access easements. Golf courses and golf cart paths. Structures which house social, recreational, project sales, administrative, or security facilities. Lakes/water management facilities. Signage. Open Spaces/Nature Preserves. Pedestrian and bicycle paths, or other similar facilities constructed for purposes ofaccess to, or passage through the common areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard course, tennis courts, fitness center, swimmJ ag pooli, and otfier 4-1 4.3 types of facilities intended for outdoor recreation. 1o) Commercial excavations as permitted by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). B. Accessory Uses: 1) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf comes. 2) Small establishments including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively sen, e patrons of the golf course and other permitted recreational facilities. 3) Customary accessory uses of structures incidental to recreational areas and/or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (1) caretaker's residence. DEVELOPMENT REGULATIONS: Ao Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. All buildings shall be setback a minimum of fifteen (15) feet from all parcel boundaries. An exception shall be granted (from 0 to a minimum of 3') in the case when an F'PL casement linc serves as a parcel boundary within the golf course maintenance site. Structures adjacent to one another shall be separated a minimum often (I0) feet, or one half the sum of the building heights, whichever is greater. Do Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. go A Site Development Plan in compliance with the County's development regulations shall be requir~l. F. Maximum Height: I) 2) Principal Smacture: Sixty (60) feet. Accessory Structuret Forty (40) feet. 4-2 Ho Minimum Off-Street Parking and Loading: 1) Private Golf Course: Four (4) spaces per hole. Additionally, one (I) space per 200 square feet shall be provided for office/lobby/pro-shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas, of which a maximum one-th/rd (I/a) of this requirement may be grassed 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 Collier County's Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag, and equipment storage rooms, maintenance buildings, and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non-golf course)/Administrative Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. 3) Loading Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. Landscaping and Buffering: Unless otherwise specified in this Section, landscaping shall be in accordance with the landscaping requirements of the Collier County Land Development Code in effect at the time ofbuilding permit application. Ail recreational areas (excluding golf come areas), recreational, administrative/social and maintenance buildings shall be buffered from abutting residential lands w/th a five (5) foc, t wide area generally parallel to the entire length of abutting residential/non-residential parcel boundaries. Said buffer shall have vegetative hedge plant material and/or fencing/wall, not to exceed six (6) feet, to achieve an 80% opaque condition, thirty-six (36) inches in height, one (I) year after irmallation. It is not mandatory that the buffer area be installed to abut pamel boundaries. This requirement shall apply to required vehicular use landscaping adjacent to interior property lines, and shall satisfy the County's requirement(s) for such areas. REQU[R.ED LANDSCAPING ADJACENT TO VEt-[ICULAR RIGHTS-OF-WAY: Landscaping adjacent to vehicular rights, of-way shall be in acdo County's Land Development Code. 4.-3 JAN 2 7 1998 ,l. tLEQUIRED VEHICULAR USE AREA INTEtLIOR LANDSCAPING: Interior landscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Development Code. VEIKICULAR OVERHANG OF LANDSCAPED AREAS: The front ora vehicle may overhang any landscaped area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. GOLF COURSE CARETAKER'S RESIDENCE: One (1) golf course caretaker's residence shall be permitted subject to the following: 1) The residence shall be constructed as an integral part ofthe main golf course clubhouse facility and shall be entered fi.om within the clubhouse facility. The residence may be constructed as an integral part of a sales, fimess, or tennis center, only if it is not constructed within the clubhouse facility. 2) The caretaker's 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 golf course and/or its facilities. 3) Off-street parki.ng shall be as for a single-family residence in accordance with Collier County's parking requirements in effect at the time of building p;,,,fit application. Parking for the caretaker's residence shall be in addition to any other required parking facilities. JAN 2 7 1998 KENSINGTON PARK DEVELOPMENT STANDARDS TABLE I DEVELOPMENT SINGLE SINGLE ZERO LOT GARDEN APTS CR STANDARDS FAMILY FAM]I.Y LINE TOWNHOUSES USES DETACI~ED ATTACEED MENYMUM LOT/ 6,000 SF 1,000 SF 4,000 SF NOT NOT PARCEL AREA PER LOT PER UNIT PER LOT APPLICABLE APP. SEE 3.4B.2) ~ LOT 70' CORNER SAME WIDTH 40 FEET PER I00 FEET PER NOT WEI)TH 60' I:NT. AS UNIT LOT PARCEL APP. FRONT YARD 25 FEET 20 FEET 20 FEET 25 FEET 15 FT. rU:QUm.EMzNT SIDE YARD 7.5 FEET '7.5 FEET 0-5 FEET *I0 FEET 15 FT. REQUmmMENT REAR YARD 20 FEET 20 FEET 15 FEET "20 FEET 15 Fr. ACCESSORY FRONT 25 FEET '"20 FEET 20 FEET *"25 FEET 15 FT. SIDE 7.5 FEET 5 FEET 0-5 FEET I0 FEET 15 Fr. REAR "10 FEET '* 5-10 FEET "5-I0 FEET '*10 FEET 15 FT. M:INI2vH.YM 1.000 SF 1 STORY 750 SF NOT FLOOR AREA 1.200 SF 2 STORY APP. DIST. BETWEEN 15 FEET 15 FEET OR ½ 10 FEET 15 FEET OR 'A 10 FT. PRINC. STR. SUM OF HT. SUM OF HT. MAX. BLDG. 35' PRINC. 35' PRINC. 35' PR. INC. 35' PRINC. 50' P. HEIGHT ,15' ACC. .15' ACC. ,15' ACC. ,15' ACC. 40' A. NOTES: · Lot area is that area assigned to ~ individual dwelling unit. · Parcel area is that area assigned to an individual building which may contain more than one dwelling unit. · Lot width is the average width ofthe lot assigned to an individual dwelling unit. · Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. Cluster housing development standards are set forth in Section 3.7. · Setbacks for side yards shall be measured from parcel boundaries. · * Fifteen (15) feet along the south project boundary. Where a parcel abuts a golfcourse: five (5) feet. Where a parcel abuts a lake: zero (0) feet may be allowed provided the perimeter of the lake is buLkheaded in accordance with Collier County Ordinance N,,. "' ' '~" -- -~ - *** Garage not accessed from the fight-of-way may be ten (10) feet. , Pool enclosures may be twenty-five (25) feet. 4-5 ,JAN 2 7 1998 5.1 5.2 SECTION V PRESERVE AREA PURPOSE: The purpose ofth~s Section i~ to set forfl~ the development plan for the areas designated as Tract P, Preserve Area on Exhibit '"B". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. USES PERMITTED: Elevated boardwalks may be constructed in the various preserve areas for the purpose of' enjoyment of' the natural amenities by the residents of the project, subject to receipt of appropriate permits. 5-1 JAN 2 7 1998 6.1 6.2 6.3 SECTION VI BUFFER AREA PURPOSE: The purpose of this S~ction is to set forth the development plan for the areas designated as Tract S, Buffer Area on Exhibit "B". Tract "S", Buffer Area, is an easement intended to protect residential land uses fi.om more intensive residential land uses, possible impacts from adjacent roadways and/or non-residential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer casements shall be included in yard requirements set forth elsewhere in this document. USES PERMITTED: No structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Landscaped buffer; existing native.plant types may be utilized and/or; 2) Earthen berms and/or, 3) Fences/walls: Nine (9) foot maximum height. 4) Signage; neighborhood identification columns/walls. B. Accessory Uses: 1) Water, sewer and drah~age facilities as required at the time of Final Construction Plan approval. DEVELOPMENT REGULATIONS: A. Thc buffer area shall not be less than ten (10) feet in width along the north project boundary and the project boundary adjacent to the southwesterly preserve area. The buffer area shall not be less than twenty (20) feet in width along the south project boundary. All other land use buffer widths shall be in accordance with Collier County's Land Development Code. Land use buffer widths shall be measured at right angles to property lines, and shall be established along the entire length of, and contiguous to, the designated project boundary line. 6-1 ,JAN 2 7 1998 The area shall be so designed, planted, and maintained as to be eighty (80) percent or more opaque between three (3) and eight (8) feet above average ground level when viewed horizontally. Plantings used for buffering shall be ora size and type which will insure compliance with the eighty (80) percent opacity requirement within no longer than twelve (12) months of the completion date of first planting. Types and numbers of plantings for buffers shall be submitted with application for Preliminary Subdivision Plat, or Construction Plan and Plat review, along with plans and statements demonstrating how the buffer will be irrigated and maintained in the future. The area along the south project boundary shall be so designed, planted, and maintained as to be eighty (80) percent or more opaque between three (3) and eight (8) feet above average ground level when viewed horizontally, including trees spaced no more than thirty (30) feet on the center. Plantings used for buffering shall be of a size and type which will insure compliance with the eighty (80) percent opacity requirement within no longer than twelve (12) months of the date of the first certificate of occupancy issued to a building in this area. Installation of all materials shall be in accordance with the landscape plan submitted to the Community Development Director and completed prior to the first certificate of occupancy issued for any building across thc southern roadway. 6-2 J/ N 2 7 1998 7.1 7.2 7.3 7.4 SECTION VII DEVELOPMENT COMMITMENTS PURPOSE: The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL: All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans, and all applicable State and local laws, codes and regulations applicable to this PUD in effect at the time of Building Permit approval(s). Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the Developer will agree to convey to any successor or assignee in title, any commimaents within this agreement. PUD MASTER PLAN: Ao Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the County's Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other insmmaents shall be granted to insure the continued operation and maintenance of all service utilities and all common are~ in the project. SCt~DULE OF DEVELOPMENT: Presently, more than 50% of the project has been developed..The Developer reserves the fight to develop portions of the project in a non-sequential manner as market conditions change. Platting of the entire PUD will be required. Phases of develo ~ment may include JAN 2 7 1998 7.5 7.6 7.7 construction of residential, social or recreational facilities/structures, roadway or lake construction. ENGINEER. lNG: The Developer and all subsequent landowners are hereby placed on notice that they are required to satisfy the requirements of all County ordinances or codes in effect prior to, or concurrent with, any subsequent development order relating to this site. This includes, but is not limited to, Preliminaxy Subdivision Plat, Site Development Plans and any other application that will result in the issuance ora final or final local development order. Work within Collier County right-of-way shall meet the requirements of Collier Cotmty Right-of-Way Ordinance 82-91. EXCEPTIONS TO THE SUBDMSION REGULATIONS: Land Development Code, Division 3.2.8.4.16.5, Street Right. of-Way Width: Waived to a minimum of fifty (50) feet for the local road along the westerly property line, adjacent to the southerly preserve area. Land Development Code, Division 3.2.8.4.16.5, Street Right-of-Way Width: Waive the requirement of one hundred thirty (130) feet to one hundred (I00) feet for the 4- lane road at entry. Ce Land Development Code, Appendix B, Typical Street Sections and Right. of-Way Design Standards: Waive the typical roadway section to one shown on master plan, subject to having sidewalks. Do Land Development Code, Division 3.2.8.4.16.6, Dead-End Streets: Waive the maximum one thousand (1,000) foot length. UTILITIES: he Sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Be All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accor 'dance with the County's established rate~. Prior to construction plans and plat approval, a letter from the C 7-2 ty of Naples Water JAN 2 7 1998 7.8 Department stating that the Department has reviewed and approved the water and sewer facilities construction documents for service to the project shall be submitted. The project's Developer(s), his assigns or successors shall negotiate an agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery and, if required, negotiate with the County to provide full or partial on-site storage facilities consistent with the volume of treated wastewater to be utilized. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration ofthe master pump station, flow by gravity into the station will not be possible. The Developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. TRANSPORTATION: Bo A gatehousedsecurity facility has been provided within the project's main entrance area(s) and located so as to not impede traffic flow on Pine Ridge Road or the future Livingston Road fight-of-way. The project access is in alignment with the existing median opening on Pine Ridge Road. The access is designed so as not to cause entering traffic to back up onto Pine Ridge Road. An eastbound right turn lane and a.tterial level street lighting on Pine Ridge Road at the project entrance has been provided. There is an existing traffic signal at the project entrance. Road impact fees shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. All traffic control devices used shall conform with the Manual 7-3 JAN 2 7 1998 7.9 7.10 Control Devices as required by Chapter 316.0747, Florida Statutes. The Developer shall provide a certificate of Adequate Public Facilities at the time of any Final Development Order. The Petitioner has dedicated to the County the minimum fight-of-way easement necessary for the Livingston Road Extension road right-of-way. WATER MANAGEMENT: Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by Project Review Services. Fill material from lakes is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to the requirements of Division 3.5 of the Land Development Code. Removal of material in excess of' 10% of the total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Division 3.5 of rite Land Development Code. Landscaping shall not be placed within the water management areas unless specifically approved by Engineering Review Services. The proposed off-site ditch accepting discharge from the site shall be dedicated as a drainage easement prior to construction plan approval. The lakes and wetland locations shall meet thc minimum 200 feet separation criteria of the South Florida Water Management District (SFWMD) rules unless the SFWMD approves any separation less than 200 feet, and written cotffm-nation to that effect is provided to Engineering Review Services. ENVIRONMENTAL: Ao If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and Engineering Review Services notified. Development will be suspended for a sufficient length of time to enable Engineering Review Services, or a designated consultant ~ ~ssess the find and determine the proper course of action in regard to its salvageabirly. Engineering Review Services will respond to any such notification in a timei, y and efficient manner so as to provide only a minimal interruption to any con~ 7-4 2 '/1998 A twenty-five (25) foot wetland buffer, minimum fifteen (15) feet, averaging twenty- five (25) feet, shall be provided around both isolated wetlands. A conservation easement shall be placed over the two jurisdictional wetlands including buffers, prior to final plat approval, with protective covenants as in, or similar to Section 704.06, Florida Statutes. These easements shall be planed. D. The project shall be maintained free from exotic vegetation. 7.11 ACCESSORY STRUCTURES: Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. 7.12 SIGNS: Bo All signage shall be in accordance with Division 2.5 of the County's Land Development Code in effect at the time of Site Development Plan approval, w/th the following exception. Two (2) ground, wall or gate project identification signs may be located at each entrance to the development subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or mono of the development and shall not contain promotional or sales material. 2) Any project identification sign(s) shall not exceed one hundred (100) square feet, excluding mounting surfaces(s) or strum(s). Where signage is affixed on an integral part ora wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains subject to height restrictions. 3) No project identification sign(s) .shall exceed a height of eight (8) feet above the fa'fished ground level of the entire parcel. 4) Project identification signs may be lighted, provided all lights are si'fielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. One (1) ground or wall sign may be located along each of the Pine Ridge Road and future Livingston Road frontages for the purpose of promoting the development or any major use within the development, subject to the following requirements: 1) Any promotional sign(s) shall not exceed one hundred 7.13 excluding mounting surface(s) or structures(s). 2) No promotional sign(s) shall exceed a height of ten (10) feet above the average ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. Co Residential directional or identification signs, no greater than six (6) square feet in size, and located internal to the development shall be permitted. Such signs shall only be used to identify the location, or direction of approved uses such as models or model centers, sales offices, information centers, recreation centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme, may be combined into single sign(s) not to exceed eight (8) feet in height, and thirty-six (36) square feet in area. Two (2) ground, wall or gate internal project identification signs may be located at each internal entrance to a multi-family or single-family development area subject to the following requixements: l) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material. 2) Any internal project identification sign(s) shall not exceed one hundred (I 00) square feet, excluding mounting surface(s) or structure(s). Where signage is affixed on an integral part ora wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains rabject to height restrictions. 3) No internal project identification sign(s) shall exceed a height of eight (8) feet above the average ground level of the site. 4) Internal project identification signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. POLLING PLACES: Pursuant to Section 2.6.30 of the County's Land Development Code provisima shall be made for the future use of building space within common areas for the purposes ofaccommodating the function of an electoral polling place. 7-6 JAN ? 1998 An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessa~ by the Supervisor oi'Elections. 7-7 JAN 2 7 1998 KENSINGTON PARK P.U.D. MASTER PLAN - EXHIBIT A CL ul~Ovl~ I_...__. I1 TOTAl. 370 AC. SWISS AMERICA KENSINGTON PARK PUD MASTER PLAN 40 S, R 2'~ F.. C~ COUI~'Y. FLORI~& " I I i IIII I II i III lie I ~ I III II ( 'A' I~I~Z:)e,(T1AZ. 120 AG. ~' B1~r~z~ A.qF_A 1' AC.. TOTM. KENSINGTON PARK SWISS AMERICA KENSINGTON PARK PUD TRACT MAP · 13. ? 41 i R Z:~ r. CQLLD~ COUNTY. P.U.D. TRACT MAP - EXHIBIT B I I 370 AC.. i .McANLY ENGINEERING AND DESIGN, INC.~~k~' -- '' / ,., ,-- ,,.,,..,,.-- - lll~,~ EXHIBIT C " L :: ~ J, .' I s :;".~,_~,~,%,,,,~',,,. .;. ""'~.~ , I . ;'.'- ... I, al,~T iiI · , · , r~l~~ · lUlllll i 14 B. dk~'.~ -- · -lq3 ...... I~ 17 ~ =,, :.'.:.:.'.'.'...~ n SITE -' ~ ~~, _ ~..l.&~ .... '.'.'.' -- "----' ~ , p.,j~ ,,C 24 1~1 J~ 20 PCOa:::ZAH. A CZ: ~ %,q, eT 31 ~ CENTF AL ~ NAPLF'S ~ < %,14T 2~ LI4T 30 C~~ ~ ~ n,, VICINITY MAP JAN 2 7 1998 EXECUTIVE SUMMARY PETITION SNR 97-13, JACQUELINE R. CONRECODE, REQUESTING A STREET NAME CHANGE FROM CARROTWOOD ROAD TO PALMETTO WOODS DRIVE, LOCATED IN GOLDEN GATE ESTATES UNIT :32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests a street name change from Carrotwood Road to Palmetto Woods Drive. CONSIDERATIONS: On October 28, 1997, 4~ Avenue SW was renamed Carrotwood Road by Resolution 97- 409. The Petitioner states that a majority of property owners whose property abuts Carrotwood Road, would prefer the name Palmetto Woods Drive. She has submitted petitions to meet the requirement for a street name change request. Thirty five of the petition signatures have been verified as property owners, a minimum of 28 is required. The proposed change affects 53 Estates lots. Since this petition was submitted, notice was sent to the Collier County Road and Bddge Section to delay the installation of 'Carrotwood Road' street signs until the public hearing for the proposed street name change. FISCAL IMPACT: Street signs cost approximately $100 each. It will be necessary to install one sign at a cost of approximately $100. Funds are available to pay for this street sign and installation in the Road and Bridge Fund, Traffic Operations, (101-163630). Funds are available from Community Development Fund (113) (to which all application funds are deposited) to cover the costs of notification to affected property owners. GROW'rH MANAGEMENT INPACT: The renaming of the street will have no impact on the Growth Management Plan. JAN 2 7 1998 RECOMMENDATION: Location Map -$NR-97-13 Staff recommends that the Board of County Commissioners approve Petition SNR-97- 13, changing the name of Carrotwood Road to Palmetto Woods Drive. PREPARED BY: FRED'R,.~SCHL, PLANNER II CURRENT PLANNING DATE REVIEWED BY: '~O~T J. MULHERE, AICP, MANAGER CURRENT PLANNING p~SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE DI~TE' I D,~TEc COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 JAN 3 "/ 1998 DATE; DIVISION OF COH/~UNITY DEVELOPMENT STREET REQUEST '.. /I.i~ .'7'~ TYPE OF ~EQUEST: - Pr~p~,d ~cr,,r Name: ./. Street. Name Change:T'g3>: Address: ' LOCATION: Subdivision: Unrecorded Plat: Acreage - Section: ~ Tovnship: J ~ I~nge: '"'~.~ REASON (if applicable): RECOMPf~N~ATI ONS: JAN 2 7 1998 .~.,~ .... '::.-':::'::~i:r'~= ~.', · , .. RESOLUTION NO. 97- ItC ifil |.11 1.11 RESOLUTION RENAMING 4ta AVENUE S.W. TO "CARROTWOOD ROAD", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ,.: -....,*~';',g.~j..' · ~. ,',: ;.~. ~;-..'~ '~:, . ~ . · . ' ' .~, ~J' .* c:., ..t · '~)~J[_ GHT~ E.-'BRO~(, Clerk ..... .:... PT ~ tO Form and Legal Sufficiency: ": lqarJor~ lq. -qtud~ A~sist,,nt County Attorney t/s,,x-~-, P]JOUTF XG,/ WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 4th Avenue S.W. to Carrotwood Road. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm th, name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ~LORIDA: The name of this street is hereby changed from 4ta Avenue S.W. to Carrotwood Road and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. day of ~~ , 1997. BOARD OF COUNTY COMMISSIONERS COLL~OU,NTY//, FLORI DAF' IMOTNY L/H~fN~dCK, Cfiairman / JAN Z ? 1998 RESOLUTION NO. 98- RESOLUTION RENAMING CARROTWOOD ROAD TO "PALMETTO WOODS DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, SECTION 9, TOWNSHIP 49 SOUTH, P~ANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Carrotwood Road to Palmetto Woods Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Carrotwood Road to Palmetto Woods Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~ M. Student Assistant County Attorney BY: Barbara B. _r~_, ~y Chairman AGE ,~A T~E .% 3AN 2 7 1998 p~. ~' EXECUTIVE SUMMARY PETITION SNR-97-11, WILLIAM L. HOOVER OF HOOVER PLANNING SHOPPE, REPRESENTING FRANK COOPER OF NORTHBROOKE DEVELOPMENT, LIMITED, REQUESTING A STREET NAME CHANGE FOR THE NORTHERN PORTION OF NORTHBROOKE DRIVE, AND OAKES BOULEVARD EXTENSION IN ITS ENTIRITY, TO CYPRESS WOODS BOULEVARD, LOCATED IN HUNTINGTON SUBDIVISION (FOR OAKES BOULEVARD EXTENSION ONLY) AND IN SECTIONS 18, 19 AND 20 , TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: The Petitioner requests a street name change for that portion of Nodhbrooke Drive nodh of the intersection with Oakes Boulevard Extension and located within the Cypress Woods Golf and Country Club PUD, and Oakes Boulevard Extension in its entirety, located within the Huntington PUD, to Cypress Woods Boulevard. Oakes Boulevard Extension and Northbrooke Drive are county-maintained rights-of-way. CONSIDERATIONS: The Petitioner requests a street name change in order to alleviate potential confusion resulting from the division by Collier County of Nodhbrooke Drive into two segments, only the southern segment of which actually serves the Northbrooke PUD. Oakes Boulevard Extension currently merges with the northern segment of Northbrooke Drive, and the proposed change would combine Oakes Boulevard Extension and the northern segment of Northbrooke Drive under the common name of Cypress Woods Boulevard. According to the Petitioner, the land abutting the 4.5 miles of roadway affected by the proposed change is owned by three separate entities. Supporting the proposed change are two of these entities, Northbrooke Development, Ltd. (the Petitioner), and Quail West, Ltd., which own about 3.5 miles of the 4.5 miles of affected roadway and 13 of the 16 accesses onto the affected roadway. The Petitioner has met all of the requirements for requesting a street name change. AG A. IT M JAN ? 1998 FISCAL IMPACT: The renaming of the street would require at least three new street signs to be installed at a cost of $100 per sign. The petitioner has agreed to bear the cost of the new signs. Costs for notification of adjacent property owners are included in the application fees and are available in Community Development Fund (113}. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 97- 11, changing the name of that portion of Northbrooke Drive north of the intersection with Oakes Boulevard Extension, and Oakes Boulevard Extension in its entirety to Cypress Woods Boulevard. ROSS t3OCHENAUR, PLANNER I CURRENT PLANNING. DATE REVIEWED BY: ROBERT J~ MULHERE, AICP, MANAGE~, CURRENT PLANNING ~ ALD W. ARNOLD, AICP, DIRECTOR iN'i'~A. ~AUTERO, AICP, ADMINI~I ~TOR DATE COMMUNI~ D~ELOPMENT & ENVIRONMENT~ SERVICES DATE JAN 2, ? 1998 HOOVER PLANNING SHO.. PPE Re-zonings, PUD's, Site Dev. Plans, Affordable Housing, Con&'ttonal Uses, Traffic~arklng/Zoning Studies and Variances (in Collier & Lee Counties) September 15, 1997 Mr. Vince Cautero, AICP Development Services Director 2800 N. Horseshoe Drive Naples, FL 34104 § NR9,,/-1 1 '" RE: Petition Submittal for Street Name Change Dear Mr. Cautero: Attached is a petition packet to change the name of Oakes Boulevard Extension, located north of Immokalee Road, and Northbrooke Drive, only the portion north of its intersection with Oakes Boulevard Extension. Both roadway segments are proposed to be renamed Cypress Woods Boulevard. The basis for the renaming is provided in our petition packet. A total of 3 property owners own land that abuts the subject roadway segments. Levitt at Huntington Lakes, Inc. owns the land that abuts both sides of the 1/4 mile long Oakes Boulevard Extension. The southern I/2 mile of the portion of Northbrooke Drive proposed for renaming is abutted to the east by land owned by Levitt at Huntington Lakes, Inc. Richard K. Bennett, Trustee, owns land that abuts the western side of this same roadway segment. Additionally, Richard K. Bennett, Trustee, owns the remaining land that abuts both sides of the remai'ning 1 I/2 miles of Northbrooke Drive proposed for renaming. Northbrooke Drive ends at the southern entrance to Quail West. Frank Cooper, as Vice President of Northbrooke Development, Ltd., Bonita Grande Hotel Corporation as General Partner, has all of the land abutting Northbrooke Drive proposed for renaming under purchase contract. Recently, those 283 acres were rezoned as the Cypress Woods Golf & Country Club PUD for a golf course community with 799 homes and an 18-hole golf course. Frank Cooper is the formal petitioner and we have also attached petitions signed by Richard Ii. Bennett, Trustee, and Robert Hardy, as owner of Quail West, Ltd., supporting this road name change. Hence 2 of the 3 different property owners abutting the 2 roads to be renamed support this change in writing. These 2 property owners comprise the ownership for about 3 1/2 miles of the 4 1/2 miles of land fronting the 2 road segments to be renamed. Of the 16 accesses onto the subject roadway segments, 13 are also controlled by the petitioning property owners. 5051 Castello Drive, Suite 220, Naples, Florida 34103 Phone 941.403-8~99 Mx. Vince Cautero, AICP September 15, 1997 Page 2 We have attached: a letter-sized zoning map with notations, a large aggregated tax map showing the entire subject area at a scale of 1" = 200', printouts from the Property Appraiser's Office showing the ownership of the land abutting the subject roadway segments, a detailed site plan for the Cypress Woods Golf' & Country Club Community, and 3 copies of the petition packet. If the County staffhas any questions regarding the proposed petition, feel welcome to contact us. Sincerely, HOOVER PLANNING SHOPPE William L. Hoover, AICP Enclosures Frank Cooper Oeoff Purse, P.E. HPS File #155-A21 JAil 2 7 1998 SNR97'l 1 DIVISION OF COMMUNITY DEVELOPMENT STREET REOUEST_ DATE: _September 15, 1997. TYPE OF REQUEST: Proposed Street Name: Not Applicable Street Name Change: Existing Northbrooke Drive and Oakes Blvd. Extension to the new name of Cypress Woods Boulevard. Add.tess: This involves the existing Northbrooke Drive, north of where it intersects with Oakes Boulevard Extension, to where it ends at the Quail West Entrance., Additionally it involves the existing Oakes Blvd. Extension, in its entirety fron5 Immokalee Road to ,,,,'here it ends at its intersection with Northbro0ke Drive_. LOCATION: Subdivision: _Huntington Subdivision (for Oakes Blvd. Extension) Uru'ecorded Plat: Not Applicable Acreage- Section: 18 and 19 _Toxvnship: 48 South_ Range: 26 East (for Norlhbrooke Drive] LEGAL DESCPJPTION: Oakes Blvd. Extension is "Tract A Of the Huntington Subdivision as Recorded in Plat Book 24, Pages 75-76 of the Public Records of Collier County, Florida." and Northbrooke Drive is "That portion of Northbrooke Drive, a. public fight-of-way, that is north and west of the intersection with Oakes Boulevard~ Extension, and located in Sections 18 and 19, Township 48 South, Range 26 East, Collie~. CounW, Florida.'_' REASON: Recently Collier CounW split Northbrooke Drive into 2 segments, splitting the road at its intersection with Oakes Boulevard Extension. The southern segment now runs about 900 feet, from Immokalee Road to the Oakes Boulevard Extension. Th,. northern segment, which serves Quail West Subdivision, no longer has access to Immokalee Road via the southern segment of Northbr0oke Drive, as motorists must now utilize the Oakes Boulevard Extension. The southern segment of Northbrooke Drive will now exclusively serve the Northbr0oke PICK) (the Northeast Quadrant of the I 75/lmmokalee Road Commercial Activity Center). Motorists accessing thc C. vpres~_ Woods Golf an;l Country Club (283-acre PUD for 799 residential units ~nd 18 hole gol.f course), 2 side entrances of Huntington Lakes. and Quail West now travel noah at th,. s_ignalized intersection 9f Oakes Boulevard Extension and Immokalee Road. .They continue northwesterly on Oakes Boulevard Extension approximately 1/4 mile until it merges into Northbrooke Drive and thence northward. The only street/driveway off Oakes Boulevard Extension is the southern entrance to Huntington Lakes. This modifieu access route to Cypress Woods. Huntington Lakes and Quail West now functions as ,, single road, even though it has 2 names. Additionally, motorists unfamiliar with Northbrooke Drive will likely attempt tO take thc Southern segment of Northbr when having a destination On the northern segment of this road even though he C~h'e?~ Y Counh' Transportation Department has the road blocked ofT. Currently motorists do not become av,'are of the road being; blocked off until they have exited lmmokalee Road. A solution to the confusion is to rename the entire access road For Quail West to C,,Lpress Woods Boulevard. This would make the 911 emerlzency phone system safer for the residents of all 3 communities (Quail West, Huntington Lakes, and Cypress Woods). The residents in the Cypress Woods Golf and Country Club, with a maximum of'799 homes, would find general addressing much easier with a single street name throughout the entire community. Additionally, since their golf course would initially be open to the public it would assist golfers in locating; this new golf course. PETITIONER: Nonhbrooke Development, Ltd., Bonita Grande Hotel Corooration as General Partner, Frank W. Cooper, V.P. TELEPHONE: 643-5053 ADDRESS: 4158 Lorraine Avenue, Naples, Florida 34104 COMMENTS: The petitioner has the property under purchase contract From Land Trust 5405, Richard K. Bennett, Trustee, 865 Fifth Avenue South, 'Naples, Florida 34102. The only other private property ow'nets abutting either of' these 2 public right-o£-way se~nents is Levitt at Hunting;ton Lakes, Inc., who is the developer of the Huntington Lakes community and Quail West, Ltd. KECOMMENDATIONS: .JAN 2 ? 1998 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO CHANGE THE NAME OF THE FOLLOWING DESCRIBED STREET. This involves changing the existing Northbrooke Drive, north of where it intersects with Oakes Boulevard Extension to it conclusion at the Quail West Entrance, and changing the existing Oakes Boulevard Extension, in its entirety from Immokalee Road to it conclusion at its intersection with Northbrooke Drive, to ),he new name of Cypress Woods Boulevard. FOR THE FOLLOWING REASON(S): Recently Collier County split Northbrooke Drive into 2 segments, splitting the road at its intersection with Oakes Boulevard Extension. The southern segment now runs about 900 feet, from Immokalee Road to the Oakes Boulevard Extension. The northern segment, which serves Quail West Subdivision, no longer has access to Immokalee Road via the southern segment of Northbrooke Drive, as motorists must now utilize the Oakes Boulevard Extension. The southern segment of Northbrooke Drive will now exclusively serve the Northbrooke PUD (the Northeast Quadrant of the I-?5/Immokalee Road Commercial Activity Center). Motorists accessing the Cypress Woods Golf and Country Club (283-acre PUD for 799 residential units and i g hole golf course), the 2 side entrances of Huntington Lakes, and Quail West now travel north at the sigrmlized intersection of Oakes Boulevard Extension and Immokalee Road. They continue northwesterly on Oakes Boulevard Ex'tension approximately 114 mile until it merges into Northbrooke Drive and thence northward. The only street/driveway off Oakes Boulevard Extension is the southern entrance to Huntington Lakes. This modified access route to Cypress Woods, Huntington Lakes and Quail West now functions as a single road, cven though it has 2 names. Additionally, motorists unfamiliar with Northbrooke Drive will likely attempt to take the southern segmenl of Northbrooke Drive when having a destination on the northern segment of this road even though the Collier County Transportation Department has the road blocked off. Currently motorists do not become aware of the road being blocked off until they have exited Immokalee Road. A solution to the confusion is to rename the entire access road for Quail West to Cypress Woods Boulevard. This would make the 911 emergency phone system safer for the residents of all 3 communities (Quail West, Hunting$on Lakes, and Cypress Woods). The residents in the Cypress Woods Golf and Country Club, with a maximum of 799 homes, would find general addressing much easier with a single street name throughout the entire community. Additionally, since their golf course would initially be open to the public it would assist golfers in locating this new golf course. N IS3~ 'l~vnO 0 0 0 0 0 Z Z "r IMMOKALEE ROAD JAN ~ 1998 A , PUD RE,3ErlC VlLL~,.'-E OF NAPLES PUD CARLTON LAKES )\ PUD ~EGENCY VILLAGE OF NAPLES (PELICAJq STRAh'D~ PUD BREEZEWOOD CYPRESS WOODS GOLF & COUNq'RY CLUB , c,,?~ss I l COUNTYI , CLt~ f ,, PUD HUN'nNGTOf'I GC QUAIL CREEK PUD PLAZA PUD PUD CENTER Petition for Street N~In~ Change from Oakes Boulevard Extension and Northbrooke Drive to Cypress Woods Boulevard SIGNATURE ADDRESS LEGAL DESCRIPTION. DATE EXHIBIT A A PORTION OF QUAIL WEST All of that portion of S~ction 7, Township 48 South, Range 26 East lying East of 1-75 Right of Way, l~ss the North 60' thereof, and the West ~A of Section 8, Township 48 South, Range 26 East, less the North 60' thereof, Collier County, Florida. Quail West, Ltd. Robert S. Hardy 6289 Burnham Road Naples, FL 34119 JAN g ? 1998 Ail of those portions of Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, loGated east of the 1-75°right-of-way, less and excepting those portions thereof known as Northbrooke Drive, according to the plat thereof recorded in Plat Book 24, Pages 90 through 92, inclusive, of the Public Records of Collier County, Florida B 12 14 RESOLUTION NO. 98- RESOLUTION RENAMING OAKES BOULEVARD EXTENSION, LOCATED IN HUNTINGTON SUBDIVISION, WHICH STREET IS LOCATED NORTH OF IMMOKALEE ROAD, AND ONLY THAT PORTION OF NORTHBROOKE DRIVE NORTH OF ITS INTERSECTION WITH OAKES BOULEVARD EXTENSION TO "CYPRESS WOODS BOULEVARD" IN SECTIONS 18, 19 & 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Oakes Boulevard Extension and only that portion of Northbrooke Drive north of its intersection with Oakes Boulevard Extension to Cypress Woods Boulevard. These streets are located in Section 20, Township 48 South, Range 26 East, Collier County, Florida, Huntington Subdivision, according to the plat thereof, recorded in Plat Book 24, Pages 75-76 , of the Official Records of Collier County, Florida, for Oakes Boulevard Extension; and that portion of Northbrooke Drive, a public 25 right-of-way, that is north and west of the intersection with Oakes 2~ Boulevard and located in Sections 18 & 19, Township 48 South, Range 26 27 East, Collier County, Florida. WHEREAS, there appears to be no street in Collier County with this :9 name or any similar sounding name; and 3o WHEREAS, it is necessary for identification purposes to confirm the 31 name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 33 COLLIER COUNTY, FLORIDA: 34 The names of Oakes Boulevard Extension and of only that portion of 35 Northbrooke Drive north of its intersection with Oakes Boulevard Extension 3~ are hereby changed to Cypress Woods Boulevard and are confirlued as such. 37 BE IT FURTHER RESOLVED that this Resolution be recorded in the Public 35 Records of Collier County, Florida, and noted upon the maps of the street 3~ and zoning atlases of Collier County, and notations made on the referenced 40 Plat. 41 42 This Resolution adopted after motion, second Done this ATTEST: 7 8 11, 12 1s DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~e M' Student Assistant County Attorney day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman JAN Z 7 1998 EXECUTIVE SUMMARY PETITION NO. HD-97-2, THE COLLIER COUNTY HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD, REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO OFFICIALLY DESIGNATE A CALUSA INDIAN ARCHAEOLOGICAL MOUND/SHELL WORK COMPLEX AS HISTORICALLY SIGNIFICANT. OBJE~IVE: This petition seeks to have the Collier County Board of County Commissioners officially designate a Calusa Indian archaeological mound/shell work as historically significant because it represents an important record of Chokoloskee's prehistoric heritage. The Morris property (Lots 4 & 5) represents three major aspects of historical significance as follows: 1) In association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in Chokoloskee and in Collier County. 2) An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered. 3) Have yielded or are likely to yield information on local history or prehistory. CONSIDERATIONS: On August 7, 1991, the Board of County Commissioners adopted Ordinance 91-70 establishing the Historical and Archaeological Preservation Ordinance. This Ordinance was subsequently incorporated into the Land Development Code in Section 2.2.25 and Division 5.14. These regulations were enacted to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and properties. The Morris property as noted above is currently vacant and is zoned "VR' Village Residential. The site is also located within an area of high archaeological probability as designated on the Collier County Map of Historical/Archaeological Probability. The Collier County Historical/Archaeological Preservation Board became aware of the archaeological artifacts that were found on the site as a result of a Collier County Code Enforcement action concerning the clearing of the site without obtaining the required permits. The Accidental Discovery provisions of Section 2.2.25.8.1 of the Collier County Land Development Code requires that if during the course of site clearing, excavation or other construction activity, an historic or archaeological axtifact is found, all development within the minimum area necessary to protect the di.w~overy shall be immediately ~opped and a certified archaeologist shall be contracted by the property owner. In this ease, the property owner (Mr. & Mrs. Barrett Morris) obtained the services of Robert S. Can', a certified archaeologist to determine whether the discovery site requires further investigation. It should be noted that Carr's arehaeolegieal survey and assessment that was conducted in May 1997 concludes that the Morris parcel encompasses significant archaeological and historic artifacts of a Calusa Indian settlement. He also states that these artifacts represent an important record of Chokoloskee's and the Ten Thousand Island's prehistoric and pioneer heritage. ,,.~~ JAN 7 1998 0 'I- 6~: '¥'S JAN 2 7 The Collier County Historical/Archaeological Preservation Board reviewed and considered thc historic designation of the Morris property during their public meeting on October 24, 1997. During this meeting the Preservation Board voted unanimously to nominate the site as historically and archaeologically significant and forwarded a petition to the Board of County Commissioners for official designation as a local historic archaeological site. This is in recognition of the important role the Calusa Indians had in the development of Chokoloske¢'s and Collier County's prehistoric heritage. The application indicates that Lots 4 and 5 meets three of the designation criteria listed in Section 2.2.25.5.1 of the Land Development Code for historic sites. Only one of the required criteria needs to be fulfilled for consideration by the Board Of County Commissioners for official designation. Section 2.2.25.5.2 of the Land Development Code requires that the property owner whose land is under consideration for designation initiated by the Preservation Board be provided two notices by certified mail return receipt. As a result, Mr. and Mrs. Barrett M. Morris attended the October 240` Preservation Board meeting. During this meeting they expressed their objection to the local historic nomination of their property. They had concerns that the local designation would attract souvenir hunters onto their property. Furthermore, they have indicated that the preservation regulation requiring owners of locally designated historic properties to obtain a certificate of appropriateness from the Preservation Board prior to the issuance of building permits or permits to alter, excavate, relocate, reconstruct or demolish would cause long delays even for minor changes or improvements to their property. However, they had offered to have a certified archaeologist on site to monitor the excavation and construction activity to ensure that significant archaeological artifacts would not be destroyed when they build their home. Conversely, Section 2.2.25.1 of the Collier County Land Development Code indicates that preservation regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of the land in a manner which affords the maximum protection to historical and archaeological sites, structures, and properties consistent with individual property rights. A local designation would provide the greatest protection of the historic resources if the owner chooses to subdivide the 6 acre site into smaller lots. Since the Morris property is one of the last remaining areas on Chokoloskee that has not had significant excavations or development activity, it therefore represents some of the best records of the area's prehistoric heritage. Chokoloskee is an excellent example of this area's large shellworks, which consists of intentionally created shell islands. It is also one of the largest of such shellwork site types in southwest Florida. The archaeological survey of the Morris property also indicates that Chokoloskee Island is one of the most significant prehistoric site complexes in southwest Florida. The island was the first archaeological site (SCR1) in Collier County to be designated on Florida's master site file which is maintained by the Florida's Division of Historic Resources in Tallahassee. A detailed response to each of the three (3) relevant designation criteria is noted below: Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation. Today Chokoloskee is largely impacted and altered by development, although remnants of mounds, shell middens, and canals exist in several parcels across the island. One of the best preserved and distinctive prehistoric elements on Chokoloskee can be found on the Mon s pr~ archaeological artifacts on the island date back to aboriginal hunters approxim~ ely 10,000-y~yea~ JAN 2 7 1998 ago. More visible today is the evidence of a later more complex culture, commonly referred to as the Calusa. Some of their settlements date back over 5,000 years. In addition, the survey and assessment indicates that artifacts from this culture are present on the Morris properly. Previous archaeological research indicates that the Calusa had constructed the entire island of Chokoloskee. The Calusa developed a complex socio-political chiefdom independent of agriculture. They utilized the area'-~ rich marine and estuary resources over many centuries that allowed for the evolution of a powerful chiefdom that exerted political control over most of South Florida. This type of marine culture is unique to this part of Florida. An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered. The Morris parcel encompasses a segment of the Chokoloskee mound/shell work complex. The site contains a black dirt midden representing several thousand years of prehistoric subsistence and habitation activities. Previous archaeological testing on this property revealed that the black dirt midden has up to six feet of cultu~.'ally deposited materials representing different periods of occupation, house construction, and cooking pits. The survey and assessment indicates that the black dirt midden is generally intact in terms of its general structure and is located along the northern property line as shown on "Exhibit A". Recent land clearing on portions of the property has removed and re-deposited unknown amounts of soil and shell. This may have resulted when a tree and its root system were pulled out of the ground. The Morris property contains hundreds of pottery shards, some shell tools, and a few ash artifacts on the surface. The ridges and swales on site do not appear to contain prehistoric artifacts, however, the dirt midden contains most of the archaeological artifacts. In summary, the Morris parcel encompasses significant archaeological and historic sites, features, and artifacts which represent an important record of Chokoloskee's and the Ten Thousand Island's prehistoric and pioneer heritage. While disturbances have been widespread, most of the deeper levels of the black dirt midden remain intact and will still allow useful and representative data to be recovered. Have yielded or are likely to yield information on local history or prehistory. Chokoloskee Island was first permanently settled in the 1870's and 1880's. The Santini, Weeks, McKinney and Smallwood families began intensive farming and fishing on the island. The Morris property encompasses two pioneer homesteads: The Lopez and House families. Their homesteads included simple wood frame houses with adjoining cisterns for collecting fresh rain water. The survey and assessment indicates that the Santini family planted an avocado grove on the dirt ridge. The remains of these two dwellings can be traced back to about 1895 and 1917. It appears that these homes remained on site until they were destroyed during Hurricane Dor~na in 1960. Subsequently, the land was eventually sold to the Ban'on Collier Company and more recently to the Morris family. Today, only three cisterns associated with the two pioneering families can be found on the subject property. Two of the cisterns can be traced to the Lopez family. JAN 2 7 1998 P~' z~ _ [[[ [ -~n -- Jill[ [[[[[[ [[ [[[[ [[ [[[[[[ II[III[I'll[ ..... I FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, designated sites and structures are eligible to receive any financial assistance set aside for historic preservation projects by Collier County, the State of Florida, or the federal government, provided it meets the requirements those financial assistance programs. MANAGEMENT IMPACT: The subject property is designated Mixed Use/Urban Residential Sub-district as shown on the Future Land Use Map. This designation is designed to function as areas with the greatest residential densities. This request for historic designation has been found consistent with the policies as set forth in the Future Land Use Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners designate the Morris properly (lots 4 and 5) as a local historic archaeological site. PREPARED BY i ¥$Ei uows PRINCIPLE PLANNER DATE REVIEWED BY: /'ROIfERT J. MULHERE, AICP DATE CURRENT PL~ANNINGqMANAGER _ DONALD W. ARNOLD, AICP DATE ~~CES D~MENT DIRECTOR . - / VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. HD-97-2/EX S~Y/RVB/rb 4 JAN 2 7 1998 PO' COLLIER COUNTY APPLICATION FOR HISTORIC DESIGNATION (Petition to designate a Site, District, Structure, Building, or Property as historically significant pursuant to Section 2.2.25 of the Collier County Land Development Code) PETITION NO. HD-97-2 DATE PETITION RECEIVED PROJECT PLANNER Ray Bellows, Principal Planner (ABOVE TO BE FILLED IN BY STAFF) OWlfER'S NA/~E Mr. Barrett M. Morris O%~gER'S ADDRESS 151 Smallwood Drive Chokoloskee, Florida 34138 TELEPHON7~: 606-263-8974 PETITIONER'S NAME (if different from owner) Collier County Historical/Archaeological Preservation Board PETITIONER' ADDRESS 3301 East Tamiami Trail Naples, Florida 34104 TELEPHONE: 941-774-8723 LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) Parcels 4 and 5 (O.R. 2249; Page 2341) BLOCK(S) SECTION 31 TWP. 53S RANGE 30E * If legal description is lengthy, i.e. metes & bounds description, attach additional page. (See Attachment "A") CURRENT ZONING OF SUBJECT PROPERTY: Village Residential (VR) EXISTING LAND USE ON SUBJECT PROPERTY: Please provide a brief description of the existing and historical land use and structures on the subject site. Please reference the attached Designation Criteria where applicable. (Attach additional page if necessary) The subject six (6) acre site is currently vacant and partially cleared. It is located on the southeast corner of Smallwoud Drive and Chokoloskee Drive. The site is designated Urban Residential as shown on the Future Land Use Map of the GMP and is also located in a "Probability Area" as depicted on the Historic and Archaeoloqical Probability Map. The parcel has a distinctive topographi-' c~r~ consisting of a tall ridge traversing along a roughly northeast JAN ? 1998 --1-- southwest axis about 300 feet from the shoreline. This ridge is about 20 feet above sea level and appears to be the highest elevation on the property. ADJACENT ZONING AND LAND USE: (Provide a brief description of the surrounding land use and zoning designations.) The properties to the north of Chokoloskee Drive contain residential dwellings that are zoned YR. To the east is a residential lot while to the west is Smallwood Drive along with additional residential dwelling units. Lastly, to the south is Chokoloskee Bay and the Gulf of Mexico. DESIGNATION CRITERIA: The Designation of Historical/Archaeological Sites, Structures, Districts, Buildings and Properties as "Historically Significant" is authorized by Section 2.2.25.5 of the Collier County Land Development Code. The recommendation of the Historical and Archaeological Preservation Board and the decision of the Board of County Commissioners will be based on the following criteria as found in Section 2.2.25.1 of the LDC. A detailed response, including any documentation or other resources, to each of the criteria which is applicable to this petition. For consideration by the Board of County Commissioners, the petition need only meet one of the required criteria. However, a detailed response should be provided to any of the criteria (PLEASE CIRCLE) which appear relevant. Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation; or (SEE ATTACHED) Association with the lives of persons significant in history; or Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess high artistic values, quality of design and crafts that represent an individual architect or builder'~ or contribution to the development of Collier Count -2- nanship, or primp y; or JAN 2 ? 1998 Location of historic or prehistoric activities such as habitation, religious, ceremonial, burial, fortification, etc. during a particular period to time, and may maintain a sufficient degree of environmental integrity to reflect some aspect of the relationship of the site's original occupants to the environment; or An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or (SEE ATTACHED) Have yielded or are likely to yield information on local history or prehistory; or (SEE ATTACHED) Derive their primary significance from architectural artistic distinction of historical importance; or or Is the birthplace or-grave of an historical figure or is a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; or A building or structure removed from its location which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic period, person or event; or 10. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or 11. Are listed in the National Register of Historic Places. OWNER'S SIGNATURE DATE PETITIONER'S SIGNATURE DATE (If different from owner) Lora Jean Young, Chairperson H/A Preservation Board HISTORIC DESIGNATION APPLICATION/RVB/rb -3- JAN 2 ? 1998 DETAILED RESPONSE TO RELEVANT DESIGNATION CRITERIA: 1. Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation. An archaeological survey of the Morris property indicates that Chokoloskee Island is one of the most significant prehistoric site complexes in southwest Florida. The island was the first archaeological site (SCR1) in Collier County to be designated on Florida's master site file which is maintained by the Florida's Division of Historic Resources in Tallahassee. Chokoloskee is an excellent example of this area's large shellworks, which consists of intentionally created shell islands. It is also one of the largest of such shellwork site types in southwest Florida. Today the island is largely impacted and altered by development, although remnants of mounds, shell middens, and canals exist in several parcels across the island. One of the best preserved prehistoric components on Chokoloskee can be found on the Morris property. The archaeological artifacts on the island date back to aboriginal hunters approximately 10,000 years ago. More visible today is the evidence of a later more complex culture, commonly referred to as the Calusa. Some of their settlements date back over 5,000 years. In addition, the survey and assessment of the Morris property indicates that artifacts from this culture are present. Previous archaeological research indicates that the Calusa had constructed the entire island of Chokoloskee. The Calusa developed a complex socio-political chiefdom independent of agriculture. They utilized the area's rich marine and estuary resources over many centuries that allowed for the evolution of a powerful chiefdom that exerted political control over most of South Florida. This type of marine culture is unique to this part of Florida. 5. An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered. The Morris parcel encompasses a segment of the Chokoloskee mound/shell work complex. The site contains a black dirt midden representing several thousand years of prehistoric subsistence and habitation activities Previous archaeological test property revealed that the black dirt midden has up to JAN ? 1998 culturally deposited materials representing different periods of occupation, house construction, and cooking pits. The survey and assessment indicates that the black dirt midden is generally intact in terms of its general structure. Recent land clearing on portions of the property has removed and re- deposited unknown amounts of soil and shell. This may have resulted when a tree and its root system were pulled out of the ground. The Morris property contains hundreds of pottery shards, some shell tools, and a few ash artifacts on the surface. The ridges and swales on site do not appear to contain prehistoric artifacts, however, the dirt midden (at the north end of the parcel) contains most of the archaeological artifacts. In summary, the Morris parcel encompasses significant archaeological and historic sites, features, and artifacts which represent an important record of Chokoloskee's and the Ten Thousand Island's prehistoric and pioneer heritage. While disturbances have been widespread, most of the deeper levels of the black dirt midden remain intact and will still allow useful and representative data to be recovered. Have yielded or are likely to yield information on local history or prehistory. Chokoloskee Island was first permanently settled in the 1870's and 1880's. The Santini, Weeks, McKinney and Smallwood families began intensive farming and fishing on the island. The Morris property encompasses two pioneer homesteads: The Lopez and House families. Their homesteads included simple wood frame houses with adjoining cisterns for collecting fresh rain water. The survey and assessment indicates that the Santini family planted an avocado grove on the dirt ridge. These two dwellings can be traced back to about 1895 and 1917. It appears that these homes remained on site until they were destroyed during Hurricane Donna in 1960. Subsequently, the land was eventually sold to the Barron Collier Company and more recently to the Morris family. Today, only three cisterns associated with the two pioneering families can be found on the subject property. Two of the cisterns can be traced to the Lopez family. RVB/rb -5- JAN 2 7 1998 Part of Lot 4 Property Line Lopcz Cistcm #2 Housc Cistcm I-1 A-I 0 Lopcz Cistern # 1 , Figurc 1. Map of Morris Parcel, Chokolosk¢¢, FI. EXHIBIT 140 feet N JAN 2 7 1998 _ L:AST REVISION: ZONING ........... OTHI~R.~.~/..~.~__ /\ LOCATION MAP FOR HD-9 -2 AOE,~D_A t~M --. ,,,._.lA. ! 2 4 .5 7 ! ~.2 RESOLUTION 98- A RESOLUTION DESIGNATING A CALUSA INDIAN MOUND/SHELL WORK COMPLEX, LOCATED ON THE MORRIS PROPERTY IN CHOKOLOSKEE AS A HISTORICALLY SIGNIFICANT ARCHAEOLOGICAL SITE, PURSUANT TO THE COLLIER COUNTY HISTORIC/ARCHAEOLOGICAL PRESERVATION REGULATIONS AS PROVIOED FOR IN THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Commissioners of Collier County ~.4 adopted Ordinance No. 91-70, the Historical/ Archaeological 15 Preservation Ordinance, on August 7, 1991, and subsequently 16 incorporated this Ordinance into Section 2.2.25 and Div. 5.14, Collier 17 County Land Development Code, Ordinance No. 92-.102; and 18 WHEREAS, the Board of County Commissioners of Collier County seeks 1~ to recognize the importance and significance of Collier County's 20 historical heritage, and to this end has enacted regulations to 21 protect, preserve, and perpetuate Collier County's historic and 22 archaeological sites, districts, structures, buildings and properties; 23 and 24 WHE.~EAS, Sec. 2.2.25.5, Land Development Code, provides for :s official designation of particular si=es as historically significant 25 and Sec. 2.2.25.6 provides regulations to maintain the historic 27 character of officially designated properties; and WHEREAS, the Collier County Historic/Archaeological Preservation 29 Board reviewed and considered the historic designation of a Calusa 30 Indian mound/shell work complex located on the Morris Property in 31 Chokoloskee at a public meeting held for that purpose; and WHEREAS, the Preservation Board voted to nominate the Calusa 3] Indian mound/shell work complex located on the Morris Property in ~4 Chokoloskee to the Board of County Co~.issioners for official 3s designation in recognition of the important role played by the Calusa ~ Indians in the early settlement of Chokoloskee and the Ten Thousand 37 Islands area while the mound/shell work complex located on the Morris 3s Property represents an important record of Chokoloskee's prehistoric 39 heritage; and JAN 2 7 1998 WHEREAS, the Preservation Board hereby forwards said nomination to 2 the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of ¢ Collier County, Florida, that: $ In recognition of its important and significant place in the 6 historical heritage of Collier County and South Florida, the property 7 commonly known as the Morris Property and legally described as: Lots 4 and 5 as listed in O.R. Book 2249; Page 2341 in Section 31, Township 53 South, Range 30 East, Collier County Florida. ~2 is hereby designated as an historic site. 13 BE IT FURTHER RESOLVED that the Morris Property shall hereafter be 1¢ subject to the Historic/Archaeological Preservations Regulations of 15 the Land Development Code as they pertain to historically designated 1~ property, including all applicable incentives and restrictions. 17 This Resolution adopted after motion, second and majority vote. la Done this day of , 1998. 19 =0 BOARD OF COUNTY COMMISSIONERS :1 ATTEST: COLLIER COUNTY, FLORIDA 22 :4 DWIGHT E. BROCK, Clerk BY: Barbara B. ~ Chairman 26 Approved as to Form 27 and Legal Sufficiency: 29 31 Marj~i~ M. Student 32 Assistant County Attorney -2- JAN Z ? 1998 /4-. November 19, 1997 Board of Collier County Commissioners: Re: Local designation of Morris Parcel, Chokoloskee Dear Commissioners: The purpose of this letter is to provide background information regarding the Morris Parcel in Chokoloskee and encourage you to uphold the Collier County Historic / Archaeological Preservation Board Member's recommendation to designate (Sec. 2.2.25.5.2) the property as one of local historic / archaeological significance. I hope to illustrate why the Morris property is well qualified for such designation and also that such designation would help add a small measure of protection to Collier County's cultural resources that [with the passage of the Preservation Ordinances Sections 2.2.25 and 5.14.5), the County government has voted to protect. Of relevance to your decision may be such follo~ving facts as: 1. The pre-history, or archaeology, of southwest Florida is rich and unique. 2. Chokoloskee Island [SCR1) is an important archaeological example of that complex pre- historic culture. 3. The Morris Parcel is unique to Chokoloskee, ff for no other reason, because it is one of the last large remaining tracts of archaeological deposits. 4. The Morris Parcel contains rare historic remains of Collier County's first pioneer settlers. As you 'know, this area's history is not that of colonial towns, pilgrims and early Spanish missions as to our north, nor that of ornate Pre-Columbian stone temples as to our south. But our own unique history dates back to aboriginal hunters approximately 10,000 years ago, when Florida's emironment and coastline was much different [Can' & t~eriault 1984). More visible today is the evidence of a later more complex culture, commonly referred to as the Calusa. Some of their settlements, which date back over 5000 years (Marquardt 1992). still exist as witnessed by large mounds and shellworks scattered throughout our region. In archaeology, the fact of a culture constructing entire islands, such as Chokoloskee, is unique itself. What makes our areas's prehtstory even more unusual is that our early inhabitants developed a complex socio-political chiefdom independent of agriculture ~idmer 1988). It was the utilization of our area's rich marine and estuarine, throughout man}' centuries, that allo~ved for the evolution of a powerful non-agrarian chiefdom that exerted political control over most all of south Florida (Can' & Beriault 1994). Chokoloskee has long been tmown [Moore 1900) to be a prehistoric village. It is an excellent example of this area's large aboriginal shellworks, consisting of intentionally created and shaped island complexes that display a high relief topography of apparent canal;. benches, house and temple mounds, causeways and brealc~vaters (Can- & Beriault 1984). In fact. Chokoloskee is the largest of such site types in southwest Florida (Al-lC 1988). Giving it even greater importance. Is that it is one of the very few shell mound islands that can be driven to! When construction excavations into such sites "must' occur, if the excavations are conducted by qualified archaeologists, the destruction of archaeological information can be minimized and a great deal of information can be learned about our predecessors, our early environment and how man has impacted this environment through time. Exar ~ JAN J - such midden and pre-historic li~ing areas as those that still exist on the Morris Parcel (Beriault & Strader 1984) can answer questions regarding what and how food resources wcrc utilized through the examination of the shell and bone, identification of ceramics .types can demonstrate regional trade and cultural context, the vertical stratigraphy can provide a temporal context and the horizontal stratigraphy can indicate the style of above ground structures. Examination of the shell ridges on the Morris Parcel can provide clues as to the island's construction, both physical and temporal, and even how the envSronment has changed through the centuries. Scientists can now use such collected data to examine prehistoric water level changes, salirdty changes, harvest.ing Impacts and even climatic changes (Marquardt 1992). In addition, the existing cisterns and possible other remains of early ptoneer homesteads on the Morris Parcel are some of this county's earliest frebeau 1966). Examinations and excavations of the cisterns, any privies and house foundation remains may provide insight into how the early settlers lived and interacted with the environment, other pioneers and the Seminoles. I would like to also mention a few of what I feel may be myths proposed during discussion of the Morris Parcel in past Historic Preservation Board meetings. First. the mounds have not been removed for road fill as suggested. This can be witnessed first-hand and by examination of historic records and photographs [Tebeau 1996). Granted. while the upper levels of some of the parcel has already been altered by modern man, much of the tract remains intact. Second. that just because important artifacts are not immediately evident on some surface areas of the tract does not mean that the same Is true underneath that location. Thirdly, that designating the site will prevent or greatly Impede development of the property by a landox~-ner. Local historic designation is designed to encourage preserx'ation. not remove 'property. rights'. Although the property is already a known archaeological site and under Collier County's Land Development Code, Section 2.2.25, future excavation construction may already require the developer to take specific act.ions ~-ithout local designation, it is still important that the property is 'designated' as this ~'ill help insure that the Preservation Board has a voice in future actions that will alter the cultural resources. Designation may help insure that the approval of future site destruction ~-ill not solely be decided by the landox~'ner and contractors. The 'burden' of Certfficates of Appropriateness that comes with designation does not remove 'property. rights' or prevent construction. They are not an "unrealistic requirement', but rather an integral and Important part of the Preservation ordinance and its goals. Such certificates are not required for ordinary repairs and maintenance (Sec. 2.2.25.6.3) and the aggrieved parties can always appeal (Sec. 2.2.25.6.6). Simply put, w,:thout the designation there is a much greater risk of continued site destruction. It has already been demonstrated to the Historic Preservation Boa.rd [in previous meetings) that Collier County has been negligent In enforcing its ovrn Land Development Code procedures and its preservation intent, illustrating the need for such areas as the Morris Parcel to have some additional 'protection' under the Counts."s Preservation Ordinance. I encourage you to support the Preservation Board's vote for designation (Sec. 2.2.25.5.2) of the Morris Parcel. Not just because It ts significant locally, regionally and nationally (AHC 1997) under the Preservation's ordinance Section's 2.2.25.5.1.2.2.25.5.3. 2.2.25.5.5.2.2.25.5.6. (and before the illegal native plant removal) 2.2.25.5.4.. but also because the Morris Parcel can be seen as a 'test case'. Your acttons, or inactions, will set precedents regarding prese~'ation efforts in Collier County. Simply put, ff this property is not worth local designation protection - then what in Collier County is? JAN g ? 1998 IL The course of future development/destruction on known archaeological sites may be impacted by your decisions regarding the Morris property designation. I hope you will not forget (or are now aware) that the current land owner/developer has a history of violation of Collier County's property ordinances and has already caused the destruction of -known archaeological/historical resources on the property. I contend that as an experienced landowner in Florida, that Mr. Morris could not have been ignorant that permits are required for the type of land clearing already undertaken over the six acres and that he and the 'construction contractor', who bulldozed the property without any permits, were indeed awa.re that they were altering 'known Indian mounds' and a unique natural environment. I hope you will please excuse the length of this letter, but I am passionate about preserving our natural and cultural resources and I see the Preser','ation Ordinance as an crucial component to such means. As outlined under Section 5.14.2., the Preservation Board has the power to designate, regulate and administer historic and archaeological resources in Collier Count5' and I believe it is their civic duty to do such. If Collier County does not take steps towards preservation now, what resources will be left for future county residents? An Iroquois chief once advised that we should make all our decisions based upon what would be best for our ?th generation to come. After all, Isn't that why there is a Historic/Archeological Preservation Ordinance? Sincerely. Charlie Strader Concerned Citizen References Cited: Archaeological and Historical Conservancy (Al-lC) 1988 An Archaeological Sur~'ey of Collier County Archaeological ;md Historical Conser','ancy (AHC) 1997 An Archaeological and Historical Assessment of the Morris Parcel Beriault. John G. and Charles E. Strader 1984 Stratigraphic Excavation at Ckokoloskee Island Collier Count5' Land Development Code (Preservation Board and Preser~'ation ordinances) Sections 2.2.25 and 5.14.5 Marquardt. William H. 1992 Culture and Environment in the Domain ofthe Calusa Moore. Clarence B. 1900 Certain Antiquities of the Florida West Coast Tebeau, Charlton W. 1966 Florida's Last Frontier. The History of Collier County Widmer. Randolf J. 1988 The Evolution of the Calusa. A Nonagricultural Chiefdom on the Southwest Florida Coast (8CR1): Florida Master Site file number of Chokoloskee. Note: Chokoloskee was the first archaeological site in Collier County to be recorded. _ ~,o.~~.~/) 3 EXECUTIVE SUMMARY PETITION NO. SV-97-2, MR. WILEY M. PARKER REPRESENTING LELY DEVELOPMENT CORPORATION A VARIANCE FROM SEC. 2.5.5.2.3.12. OF THE LDC TO ALLOW FOR A 20 FEET HIGH DOUBLE-FACED OFF-PREMISE DIRECTIONAL SIGN WITH A COPY AREA OF 72 SQUARE FEET FROM THE CURRENT LDC REQUIREMENTS FOR OFF-PREMISE SIGNS OF 2 ONE-SIDED OFF-PREMISE SIGNS WITH A COPY AREA OF 12 SQUARE FEET EACH AND A MAXIMUM HEIGHT OF 8 FEET TO BE LOCATED AT THE CORNER OF C.R. 951 AND LELY CULTURAL PARKWAY IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting the above described variance in order to provide adequate signage for Edison Community College. CONSIDERATIONS: Collier County Campus of Edison Community College is located 4500 feet west of C.R. 951 on Lely Cultural Parkway. Edison Community College in addition to providing educational services provides for different public and community events. One or even two 12 square feet signs will not provide the visibility needed for an important educational center such as Edison community College. Lely Development Corporation has donated the land for the College. They have also provided sign easement at the comer of C.R. 951 and Lely Cultural Parkway for a monument sign for the College. However, the sign location is located outside of the college property. A sign built within the sign easement area will be considered an off-promises sign hence, requiring the approval of a sign variance. The Collier County Planning Commission reviewed this petition on December 18, 1997 and by a vote of 7-0 recommended approval. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and required. JAil ~, ? 1998 PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve SV-97-2. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ~~AICP,-MANAGER CURRENT PLANNING SECTION DONALD W[-~NoL.-D, AICP, DIR~---C-~OR ,~~G SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR D~TE ! DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 JAN 2 ? 1998 AGENDA ITEM 7-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES November 18, 1997 SV-97-2 AGENT/APPLICANT: Agent: Mr. Wiley M. Parker Parker, Mugett & Smith, Architects 2030-B West First Street Fort Myers, FL. 33901 Ownen Lely Development Corporation 8825 East Tamiami Trail Naples, FL. 34113 REQUESTED ACTION: The applicant is requesting a variance from Sec. 2.5.5.2.3.12. of the LDC to allow for a 20 feet high double-faced off-premise directional sign with a copy area of 72 square feet from the current LDC requirements for off-premise signs of 2 one-sided off-premise signs with a copy area of 12 square feet each and a maximum height of 12 feet. GEOGRAPHIC LOCATION: The subject property is located at the comer of C.R. 951 and Lely Cultural Parkway in Section 22, Township 50 South, Range 26 East, Collier County Florida. PURPOSE/DESCRIPTION OF PROJECT: Collier County Campus of Edison Community College is located 4500 west of C.R. 951 on Lely Cultural Parkway. Edison Community College in addition to providing educational services provides for different public and community events. One or even two 12 square feet signs will not provide the visibility needed for an important educational center such as Edison community. College. Lely Development Corporation has donated the land for the College. They have also provided sign easement at the comer of C.R. 951 and Lely Cultural Parkway for a monument sign fcI However, the sign location is located outside of the college property. A s~ r fl....,. /.~_?tt.~._ ,~ JAN 3 ? 1998 ',iX] the sign easement area will be considered an off-promises sign hence, requiring the approval of a sign variance. 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: Are there special conditions and circumstances existlng which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, the college is located at the end of a dead-end road over 5000 feet east of C.R. 951. The college is not visible from a major road. With a speed limit of 55 MPH on C.R. 951 a 12 square feet directional sign is not adequate to provide visibility for a major educational institution such as Edison Community College. 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, the property for this College was donated by Lely development Corporation along with a sign easement on C.R. 951. The need for this variance was not caused by the College. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, the College is entitled to up to 2 one-sided directional signs. The denial of this variance will not cause a hardship on the applicant. However, the approval of this variance will improve the visibility of this very important civic and educational institution and will benefit the community. 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? No, as discussed above a vadance is not necessary to make possible the use of land. However, this sign will provide motorists advanced indication of the location of the College, which will promote standards of health, safety and w{ iTare~r~T~ JAN :~ 7 1998 2 fe he 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, this institution provide educational services in Collier County, it is a community asset, allowing the construction of this sign will have a positive impact in the area. 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, this variance will not be in harmony with the intent and purpose of the LDC in that it will cause pole sign proliferation which will have a deleterious effect on the aesthetics of the road. However it 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.? No. 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: Staff recommends that the CCPC forward Petition SV 97-2 recommendation for approval. to the BZA with a 3 JAN 2, ? 1998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: R"OB~RT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE DONALD W. ARNOLD, AICP, DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DACl'E ? Petition Number, SV-97-2 Staff report for December 18, 1997 CCPC meeting. This Petition has tentatively been scheduled for Januar7 27, 1998 BZA Public Headng. Collier County Planning Commission: 4 JAN ?, ? 1998 2 3 4 S 6 RESOLUTION NO. 97- .. RELATING TO PETITION NUMBER SV-97-2, FOR SIGN VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, ~'LORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and 21 considered the advisability of variances from the requirements of 2 22 one-sided off-premises directional signs with a copy area of 12 square 23 feet each and a maximum height of 12 feet to allow for one 20 foot high 24 double-faced off-premises directional sign with a copy area of 72 2s square feet, as shown on the attached plot plan, Exhibit "A", in a PUD 26 zone for the property hereinafter described, and has found as a matter 27 of fact that satisfactory provision and arrangement have been made 21 concerning all applicable matters required by said regulations and in 2~ accordance with Section 2.7.5 of the Zoning Regulations of said Land 30 Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be 32 heard by this Board in public meeting asse~led and the Board having 33 considered all ~tters presented, 34 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPE~S of 3s Collier County, Florida, that: JAN Z 7 1998 P~._ ~ - The Petition $V-97-2 filed by Wiley M. Parker of Park/Mudget/Smith Architects, representing Lely Development Corporation on behalf of Edison Conununity College with respect to the property hereinafter described as: Exhibit 'B" be and the same are hereby approved for variances from the 9 requirements of 2 one-sided off-premises directional signs with a 10 copy area of 12 square feet each and a maximum height of 12 feet 11 to allow for one 20 foot high double-faced off-premises 1: directional sign with a copy area of 72 square feet as shown on 13 the attached plot plan, Exhibit "A~, in a PUD zoning district 1% wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number SV-97-2 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. 10 ATTEST: 110WIGHT E. BROCK, Clerk 24 2~ Approved as to Form and Legal Sufficiency: 2, _ 3o Assistant County Attorney 33 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA B~rbara ~. F~-~-f "' ChaXrman -2- JAN 2 ? 1998 5'l'4.ot,JN 13E-~,.Ol,..l F:~P. ClqLY . 'SUF;j' F! IT A f I" IO~.r..)'' EDISON COMMUNITY COLLEGE -~16 r,t ~A~ PI. AM I PARKER/MUDGETT/SMITH ARCHITECTS, INC. 2030-B W. 1 ST ST'. F'T. MYERS, FL 33901 {941) 332-1171 FAX {9¢11 332-3537 51&~ 0E'~I{'H~'I~,I,,,ItTi,15'T'A,8O ,'T' :'1 ' .... '[ ~ . I J S:gN ^T COUJE~ COUNT~' ~ o^~lJlili:~,? IBB8 LELY CULTUR. AL PA~ ~AY Eo[SON C0~UN~ COLLE, ~E N^P~, FL Trl~ 'W'. t.dy ~ ~ Two. Ptst Sook it. ~ 43-4S. Exhibi% "B" ,JAN 2 1' 1998 APPLICATION FOR VARIANCE FROM THE REQUIREMENTS OF DIVISION 2.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PETITION NO.." OCT 3 0 PLANNER: ~O~ '~/~Q ~rr%~ ~ DATE: Wiley M. Parker APPLICANT NAME (AGENT): Parker/Mu. dqett/Smith Architects.. PHONE: 941-332-1171_ APPLICANT ADDRESS: 2030-B West First Street, Ft. Mvers, FL 33901 . PROPERTY OWNER (PETITIONER) NAME & ADDRESS: Lelv Development COrDoratioD ,8525 East Tamiami Trail, NaPles, FL 33962 PHONE: 941-774-5333 ADDRESS OF SIGN LOCATION: Lely cultura~ Parkway and couDty Road 951 CURRENT ZONING: LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached. WIDTH OF THE PROPERTY (ROAD FRONTAGE): ' on Cou t Road 951 LENGTH AND HEIGHT OF THE WALL ON WI{ICH THE SIGN WILL BE SECURED (IF WALL SIGN): N/A NATURE OF PETITION PLEASE EXPI2%IN IN DETAIL THE EXACT NATURE OF THIS VARIANCE REQUEST INCLUDING THE AMOUNT OF VARIANCE: Lely Development Corporation has Granted to ~dison Community College, as aD enhapcement to the ~a~d donated by them to the ~olleqe for the Collier County Campus at ~ely, an easement for a pylon siqg at the above referenced %ocation, This sign would be , by definition, ag o~f-site sign. Edison C~mmunitv ColleGe is requestinq a variance to build the sign at this location. - 1 - Please note that staff 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 sign variance petition by the below listed criteria (a-f). (Please address this criteria using additional pages if necessary). a. Are there special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings similarly situated? r ximatel 5 , wes C. · w 'ch w s donated b L~I eve o ment a ' e e 's a c unit set im roy e ual't o ' 'n o ' C a ' d o wa s. But he ocation is not a th u-w e es~'tat' t's s' n to make t e commun't awa e o ' s locat'o · b. Are there the special conditions and circumstances which do not result from the action of the applicant? The donation of the land by Lely Development Corporation accelerated the construction of the campus bY several years, but the site was chosen by them, not by Edison Community Colleqe. c. Will granting the variance requested confer on the petitioner any special privilege that is denied by the this Code to other lands, buildings, or structures similarly situated? Many events occur at the campus that ~re pub%ic and community centere~ beyond the specific educational role 0~ the school. The off-site sign will therefor be ~ b~Defit to the c0m~unitY. It will e~ yisibilitY aD~ prominence 0~ this important educationa~ and civic Snstitution. d. Will a literal interpretation of the provisions of the Land Development Code deprive the applicant of rights commonly enjoyed by other properties similarly situated under the terms of the Code and work unnecessary and undue hardship on the applicant? The fact that the campus is not located on a thru-way limits it~ visible presenc9 yisibilitv, preventing it ~r0m beinq a positive specifically in the area ~Dd the county in qenera~. - 2 - JAN 2 '7 1998 e® Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure? yes. The 25' x 50' (1250 square foot) easement will allow room for appropriate size siqn and maintenance area around it. f® Will the granting of the variance be in harmony with the general intent and purpose of this code, and that variance will not be injurious to the area involved or otherwise detrimental to the public welfare? This identification of Ediso~ community Col~eqe will be a very positive contribution to the communitY, which is the fundaDental intent and Purpose of the code. ~t could under no circumstances be ~opsidered injurious to the area involved or otherwise detrimental to the public welfare. SIGNAT~' OF PETITIONER AGENT SUBMISSION CHECKLIST: 2. 3. 4. Se Completed application Survey of property or scale drawing Rendering of proposed sign with all dimensions Signed and notarized Affidavit (Pages 4 & 5 of the application) A location map depicting major streets in the area for reference Fee: $425.00 ($850.00 if after-the-fact) 6 copies 6 copies 6 copies copy copy - 3 - JAN 2, ? 1998 LELY cU L'TU~A L PARKER/MUDGETT/SMITH ARCHITECTS, INC. 2030~ W. 1ST ST. IT, MYERS, FL 33901 (9411 332-1171 FAX (9411 332-3537 SIGN AT COLLIER COUNTY ROAD 95 LELY CULTURAL PARKWAY EDISON COMMUNITY COLLEGE N? 52015 ~j~~~ ~ 7 199B 28 MARCH 1997 ~F 4- EDISON C©MMUNiTYi COLLEGE .$16N , · ' "x f ~ ' "' _, I ~1~. SIDE E~VATIoNg F~ ~ RE~ ~VA~N5 ~c~ ~mo~1:~ ~ x..~ll I ': l~[ll 'l l SiGN AT COLUE~ COON~ ~OAD PARKER/MUDGE~/$MITH ' CO~UN~ BOAD ARCHITECTS, INC. LELY CUL~L PAgKWAY I EDISON COMMUNI~ COLLEGEdAPLE$, 20~-SW. 1ST ST. ~. MYERS, FL 33901 L 1941) 332-1171 FAX 1941) 332-3537 52015 28 MARCH 1997 I oF4 RLV".J Q3D CU'T'-O~T C~l'X~ ~TH T~A~LUCEN"r I~'Ac.K-uT LOgo ,~Ac4.{ EN{), RGUER.~ CHANHEL ALu~,I. t..VT~ N.~oH LIxH'T1H.~. E ~I-~ r...A L.. 5 ~'cTIolq <jI4H Hou ~'IH4 PARKER/MUDG ETT/SMITH ARCHITECTS, INC. 2030.B w. 1ST ST. FT. MYERS, FL 33901 {9411 332-1171 FAX 1941) 332-3537 :ArJ~-~T .-%~H ~ Sli~E:, ~(JT-Ot./T ~'ot~t· I.,,llT"~.l. -r~.4, N~LUCEt,q' ~4~.- Ut' 52015 1 ._2_8.MARCH 1997 SIGN AT COLLIER COUNTY ROAD 9 LELY CULTURAL PARKWAY EDISON COMMUNITY COLLEGE N i.qqg JAN ~ 7 l& $1~N IEA~F=M ENT PARKER/MUDG ETT/SMITH ARCHITECTS, INC. 2030-B W. 1ST ST. FT. MYERS, FL 33901 19411 332-1171 FAX 1941) 332-3537 SIGN AT COLLIER COUNTY ROAI LELY CULTURAL PARKWA EDISON COMMUNITY COLLEGE 52015 I 28 hFFID~VI~ Commun. it y Coll. ege I, J.A. Slusher~ Executive V.P. for Edison being ouiy sworn, depose and say that I am the owner of the property described her~in and which is the subject matter of the proposed hearing; that all the answers to the questions in this applicat:ion, and all sketches, data and other supplementary mater 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 Jesse R. Collier, Jr. EMPLOYEE (~/'/~ NAME) to act as my representative in any matters regarding this petition. State of Florida County of Collier S~O~ATU-RE OF OWNER The foregoing Agreement Sheet was acknowledged before me this 21st day of October . 1997 by J. A. Slusher , who is personally known to me c~/}:~t~/~$~~ as identification and who did (did not) take an oath. (Si,~nature of Notary Public) Commission ~ My Commission ~ -4- JAN Z '? 1998 S~TORE -OF ~[~F2%~ EMPLOYEE State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this 21stday of October , 1997 by Jesse R. Collier, Jr. , who is personally known to me identification and who did (did moA) take a~-,oath. , (Signature of Notary Public) · ;.,;--;-,. ,'.~ ......... . $'gRIEN [ MyCommission Commission as -5- JAN 2 ? 1998 ~ ~D ]-~) ,4~ ISL~x~D ? 1998 ./' L ELY DEVELOP/~E~T CO~. P. I 1'0 TA/141~I T~IL 1998 EXECUTIVE ~UMMARY PETITION NO. CU-97-24 WILLIAM L. HOOVER, AICP, REPRESENTING RICHARD AND TERESA YAHL, REQUESTING CONDITIONAL USE "2" OF THE "A" ZONING DISTRICT TO ALLOW A HORTICULTURAL MULCHING FACILITY IN AN AGRICULTURAL ZONING DISTRICT FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. The applicant is seeking to obtain approval for Conditional Use "2" of the "A" zoning district to conduct a horticultural mulching facility on five (5) acres located on Washburn Avenue. The site is located east of the Collier County landfill and north of Alligator Alley. CONSIDERATIONS: The site has 686 feet of frontage on the south side of Washburn Avenue, and 329 feet of depth. The manager of the recycling operation plans to reside in the single family dwelling unit which exists on site. Five (5) dump trucks will bring approximately two (2) trips each of horticultural waste to the site per day. Additionally, twelve (12) to fifteen (15) roll-offtrucks a day will be dumped of their horticultural waste on site. Dump trucks and roll-offcontainers will be stored at the rear of the site. A tub grinder will remain on the site and will be utilized to grind trees and limbs. Larger trees will be stockpiled on site and hauled offat a later time. A medium-sized endloader will be left on-site to load dump trucks and move the tub grinder around. Maintenance and minor repairs for the dump trucks will be accomplished on-site. A diesel fuel tank, not exceeding 500 gallons, will be kept on-site for the fueling of equipment. The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS Thc negative effects associated with heavy truck traffic on residences located on Washburn Avenue will be minimized by the site's location. An existing six (6) foot high opaque wooden fence along Washburn Avenue located on the east and west sides of the site; trexs planted 25 feet on center along Washburn Avenue and on the east side of the site; and the natural vegetative buffer which exists on the south, east and west sides of the subject site will substantially buffer the views of the subject site from neighboring properties. An existing sprinkler system on site can be used to reduce the dust generated from the mulching operation. According manufacturer, as an option, the tub grinder can be equipped with a water spray d,~st JAN 2 7 1998 system to reduce dust. Additionally, the equipment involved in the daily mulching operation will primarily operate on the eastern half of the site towards the rear, away from residential uses to the north. Surrounding properties have an agricultural zoning designation. Agricultural uses typically involve the use of heavy equipment and machinery. Agricultural production typically yields some type of return in terms of a product produced which is either used on site, or has a need to be stored on site and/or transported from the site to be used elsewhere. These are typical characteristics of the proposed use and are not unusual from other types of similar agricultural uses which may occur on the subject site or surrounding properties. CONS: Access to the site is provided via a private road which is currently improved with a limerock surface. Dump trucks and trucks hauling roll-offcontainers will transport the horticultural waste to the site. This type of truck traffic typically generates excessive dust and exacerbates maintenance problems on roads with these type of surfaces. Although the impact of the dust from the road surface on neighboring properties will be minimal, this portion of Washburn and Crawford Avenue(s) provides a main access point to those properties located in Sections 35 and 36 of this part ofthe County, so it tends to be relatively heavily traveled. The creation of dust and increased road maintenance requirements will be problematic to the users of this portion of Washburn Avenue. Although heaw equipment operation is typically associated with Agricultural uses, the surrounding land uses are more residential in nature than agricultural. For this reason, noise from the operation of machinery and noise associated with dump trucks coming and going from site could be obtrusive to surrounding property owners. Dust results from the production, storage and transportation aspects of the process. Waste, other than horticultural, could potentially be dumped and stored on site. There will be negative visual impacts from the storage of horticultural debris and mulch. Operation of machinery (specifically the tub grinder) may create a safety hazard to adjacent property owners. Different from the larger properties which are typically associated with agricultural production, the surrounding properties are primarily divided into five (5) acre tracts. If the proposed use was located within a larger area, or surrounded by agricultural properties of larger areas, the negative effects associated with the proposed use might be better mitigated. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted le 'els cg~.~ service for public facilities. In the event that impact fee collections are inadequate t maintain JAN 2 ? 1998 P.,'J. (~ adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT; The subject site is designated Urban Residential on the Future Land Use Map of the Growth Management Plan. This district permits residential and commercial uses, including a mixture of residential and commercial uses under specific Commercial zoning classifications as described in the Growth Management Plan. A review of consistency relationships w. ith elements of the GMP is as follows: Future Land Use Element; The property lies within the Agricultural/Rural Mixed Use Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential type of land uses at Iow densities coupled with uses which are Agricultural in nature. The Agricultural zoning district allows for a range of traditional agricultural and agricultural related activities, including single family residential land uses. The Land Development Code establishes a procedure which may result in approving a development order for sawmills in agriculturally zoned districts. To that extent this petition is consistent with the FLUE. Traffic Circulation Element: The trips generated by the proposed use should not have a significant effect on the adjacent roadway network. Other Applicable Element(s): All development must comply with surface water management requirements invoked at the time of site development plan approval. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaL/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: At the January 8, 1998 Planning Commission meeting a motion was made to forward a recommendation of approval for the requested conditional use, subject to the stipulations in the resolution of adoption, with the exception of #2 on Exhibit D. The Planning Commission recommends this stipulation be amended to read as follows: 2. The portions of Crawford Avenue (from its intersection with Landfill Road) ar Avenue to the subject site's driveway entrance where trucks enter thc site shall be JAN ? 1998 scraping the road a minimum of two times per week or more if needed and sprinkling the road at least one (1) time per week. Note: Planning Commission felt that the affected roads could be adequately maintained by scraping and sprinkling consistent with their recommendation. The Planning Commission recommends the following stipulation be added to Exhibit D: 14. Piles of mulched or processed horticulture may not be stored on site for more than 120 consecutive days. Note: Planning Commission was concerned about odors produced from piles of decomposing horticultural waste. The motion passed unanimously PREPARED BY: PRINCIPAL PLANNER DATE ,~ROt~I~RT J. MU~,HERE, A~CP, MANAGER CURRENT PLANNING SERVICES DONALD W. ARNOLD, AICP, DIRECTOR G SERVICES DEPARTMENT ~tINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENV. SVCS. DMSION DATE DATE~ DATE Petition Number: CU-97-24, Yahl Mulching Facility NOTE: This Petition has been tentatively advertised for the January 27, 1998 BCC meeting. JAN 2 7 1998 AGENDA ITEM 7-C MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING cOMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION DATE: I~: DECElv[BER I, 1997 PETITION NO: CU-97-24-Yakl Mulching Facility AGENT/OWNER: Agent: William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive #220 Naples, FL 34103 and Mr. Beau Keene, P.E. Owner: Richard and Teresa Yah1 1918 40th Terrace SW Naples, FL 34116 GEOGRAPHIC LOCATION: The site is located o.n the south side of Washburn Avenue SW, approximately ¼ mile north of Alligator Alley and 2 'A miles east of C.R. 951, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. 1~. OUESTED ACTION: The applicant is seeking to obtain approval for Conditional Use "2" sawmills, more specifically to operate a horticultural mulching/recycling facility in the Rural Agricultural "A" zoning die, rieL pLrRPOSE/DESCRIPTION OF PRO/KC'T: The subject site consists of approximately ten (10) acres, the front five (5) +/- of which are being considered for a conditional use to operate a sawmill. The site has 686 feet of frontage on the south side of Washburn Avenue, and 329 feet of depth. Presently, a single-family dw,[~7~, and an out-building exist on the site. Previously, the property was utilized as a' vhol~,) 1 JAN 2 7 1998 nursery/potted plant operation. For this reason, the front five (5) acres are nearly devoid of trees. The applicant wishes to develop a horticultural recycling facility on the front five (5) acres of the site. Wholesale plant nursery stock will be IF'own on the west and south sides of the existing single family home. The manager of the recycling operation and his family plan to reside on site. Initially, five (5) dump trucks will bring approximately two (2) trips ~ch of horticultural waste to the site per day. Additionally, twelve (12) to fifteen (15) roll-offtrucks a day will be dumped of their horticultural waste on site. Dump trucks and roll-offcontainers will be stored at the rear of the site. A tub ~rinder (see attachM photo with description) will remain on the site and will be utilized to grind trees and limbs. Larger trees, suitable for making lumber, will be stockpiled on site and hauled off at a later time. A medium-sized endloader will be left on-site to load dump trucks and move the tub grinder around. Maintenance and minor repairs for the dump trucks will be accomplished on-site, but all other repairs will be conducted off-site. A diesel fuel tank, not exceeding 500 gallons, will be kept on-site for the fueling of equipment dh-ectly involved in the mulching-recycling operation. The mulching operation generally operates in the following manner: Horticultural debris is dumped from trucks onto the site in windrows. Operating in conjunction with an endloader (the endloader maintains the piles of debris and mulch) the tub grinder's loader arm grasps horticultural debris from the piles, feeding it into the tub, wkich rotates and grinds the debris, into mulch. The mulch endproduct is discharged into piles via a 36 inch wide by 26 foot long heavy duty belt conveyor, at a discharge height of approximately 15 feet. The tub grinder is generally stationery while it operates but must be moved by the endloader as the windrows of horticulture are consumed and converted into mulch. Mulch is stockpiled and/or loaded onto trucks for disposal off site. SURROUNDING LAND USE AND ZONING: Existing conditions: The site currently contains one (1) single family dwelling unit, located on the wcstem half of the site and one (1) out building. There is one (1) drivcway fi'om the single family structure to Washburn Avenue. Surrounding: North- Agricultural South- Afp'icultural East- Agricultural West- Afp'icultural ROW and two single family homes and mobile homes on $-acrc lots. Vacant wooded. Single Family home on S-acre lot. Abandoned, Single Family home. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The property lies within the Agricultural/Rural Mixed Use Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential type of land uses: t ' ' coupled with uses which are Agricultural in nature. The Agricultural zoning dis ~ range of traditional agricultural and agricultural related activities, including sin: le family JAtt 2 7 1998 866l II r~sidential land uses. The Land Development Code establishes a procedure which may result in approving a d~velopment order for sawmills in agriculturally zoned districts. To that extent this petition is consistent with the FLUE. Other consistency relationships are as follows: Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will generate approximately 30 to 50 trips per weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Washburn Avenue. Furthermore, 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 of the Traffic Circulation Element Thc TCE lists C.R. 951 as a 4-1ant arterial road. Thc current traffic count is 28,102 and thc road is operating at LOS "C". It should be noted that this road segment within the project's RDI is not projected to be deficient within thc next five years. Therefore, no mad improvement to 6-1ane this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Elements: Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND ENIq~tASTRUCTURE; Thc subject petition has been reviewed by the appropriate staffrespotm'blc for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staffhas coordinated a comprehensive evaluation of this land and the criteria on which a favorable determination must be based. This evaluation inten'll~) JAN 2 7 3998 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 below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or derfial by the Planning Commission to the Board of County Commissioners. Each oft.he potential impacts or considerations identified during the staff r~view are listed under each of the criterion noted below, and are categorized as either pro or con ~ thc case may be, in thc opinion of staff. Staffrcview of each of thc criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. CONDITIONAL USE: Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable clements of the G/rfP and provisions of the LDC. Con: Not applicable in view ofthe consistency evaluation with the GM? and LDC. Summary Conclusion: The proposed use is authorized in the Agricultural/Rural Mixed Use Industrial designated areas in the "A" Agricultural zoning district, which provides for the requested uses as conditionally permit'ted uses. be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestr/an safety and convenience, tr-affic flow and control, and access in case of fire and/or catastrophe. Pro: Access to the site is from Washburn Avenue, an existing private road which intersects Crawford Avenue which intersects the end of Landfill Road, just past the entrance to the County landfill. Ingress and egress to the site will be provided via a proposed driveway connection located 105 feet east of the existing driveway. The additional driveway entrance should not have a negative impact on Waffic flow or access. Traveling to and from thc subject site on Crawford Avenue (from Landfill Road) and Washburn Avenue, truck traffic will pass only one (1) existing, habitable single family residential ~_--t~ucmrc, which is located on the north side of Washburn Avenue. Tv, ere ar~ no other habitable .?.sidential dwelling units on the south side of Washburn Avenue before reaching the subject. :itc from the intersection of Washburn Avenue and L.,mdfill Road. Therefore, the effects of h~creased tru.~:k traffic on Washburn Av~,.'z :nfl those residences on Washburn Avenue will be minimized by the site's location and the minimal development (one single family structure) along Washburn Avenue fi'om Landfill Road. Con: a limerock surface. Dump trucks and trucks hauling roll-off.containers w horticultural waste to the site. Tiffs type of~'uck traffic typically generate Access to the site is provided via a private road which is currently improved with excessive dfist' 4 JAN 2 7 1998 Pg.-: /~ .............. i I i I I IIIllll II III I II I III III II I II -3 and exacerbates maintenance problems on roads with these type of surfaces. Due to the lack of development surrounding the subject site, the impact of the dust on neighboring developed properties will be minimal. However, this portion of Washburn Avenue and Crawford Avenue provides a main access point to those properties looted in Sections 35 and 36 of this part of the County, so it tends to be relatively heavily traveled. The creation of dust and increased road maintenance requirements will be problematic to the users of this portion of Washburn Avenue. Summary Conclusion: Based on the layout of the site plan coupled with the condition of Iow traffic volumes and clear sight cfistances fi.om access points, the ~ driveway from Washburn Avenue should produce sufficient operating conditions. Access geometry and on site traffic circulation will be ~bject to approval at the time of Site Development Plan approval. Since Washburn Avenue functions as the primary access to residential and less intense agricultural land uses located in Sections 35 and 36, the addition of large trucks hauling horticultural waste may have a detrimental effect on Washburn Avenue in t~m~s of increased maintenance requirements, and may create additional dust and noise which could negatively affect other users of the road. For these reasons, stipulations in the resolution of adoption are recommended in order to reduce these negative impacts. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: Properties to the south and west are vacant and wooded. The properties north and east are developed with singJe family dwelling units, and the property owners of these sites have written letters of no objection to the proposed use. Due to the proximity of the subject site to the County landfill, it is likely that the property owners in the neighborhood presently experience the smell of offensive odors, depending on prevailing wind patterns, heat and humidity. The addition of the proposed use will not increase the probability that surrounding property owners Will experience offensive odors. In fact, the natural smell of mulched horticultural waste may actually mask thc unpl~t smell, to some degree, from thc neighboring landfill to thc west. Noise and thc potential for surrounding property owners to experience glare or unsightly visual effects resulting from thc usc w/Il bc mitigated by thc following: An existing six (6') foot high opaque wooden fence along Washburn Avenue located on thc ea~ and west sides of thc site; trees planted 25 fcct on center along Washburn Avenue and on thc cast side of thc site; and thc natural vegetative buffer which exists on the south, cast and west sidca of the subject rite. Propcrt/cs north of thc subject site appear to meet, at a m/nirnum, thc fif~7 ($0) foot front yard requirement/'or an Agricultural zoning district. There is ma ex/sting sprinldcr sy~tcrn on site which can bc used to reduce thc dust generated from thc operation. According to thc manufacturer, as an option, thc tub grinder can be equipped with a water ~pray dust ~uppression system to reduce dust. Additionally, thc equipment involved in thc daily mulcMng operation will primarily operate on thc eastern half of thc site towards thc rca:-, away from residential uses to the north. s JAN 2 7 1998 de Con: Although heavy equipment operation is typically associated with Agricultural uses, the surrounding land uses are more residential in nature than agricultural. For this mason, noise from the operation of machinery and noise associated with dump trucks coming and going from site could be perceived as being obtrusive to surrourldlng property owners. Dust can bc problematic and results from different aspects of the process. Dust will bc produced as trucks dump thc horticultural waste on site and thc mulch by-product is loaded and carried off site. As the horticultural wa.sic is picked up and placed in thc tub grinder, and as thc waste is ground into mulch, dust is produced. Dust also blows from thc mulch when it is stored in piles. There exists thc potential for waste, other than horticultural, to bc dumped and stored on site. There may bc negative visual impacts from the storage of horticultural debris and mulch. Also, it is not unusual for debris or objectionable mat~al to fly out of thc top of thc tub grinder as thc machine operates, creating a safety hazard to adjacc-nt property owners. Summary Conclusion: With conditions placed on thc operation of thc business, most of the negative impacts associated with thc usc should bc able to bc significantly mitigated. Compatibility with adjacent properties and other property in the district. Pro: Surrounding properties have an agricultural zoning designation. Agricultural us'cs typically involve thc usc of heavy equipment and machinery. Agricultural production typically yields some type of return in terms ora product produced which is either used on site, or has a need to bc stored on site and/or transported from thc site to bc used elsewhere. These arc typical characteristics of thc proposed usc and arc not unusual from other types of similar agricultural uses which may occur on thc subject site or surrounding properties. Con: Although surrounding properties have an Agricultural zoning designation, they arc primarily residential in nature. Different from the larger properties which arc typically associated with agricultural production, thc surrounaing prol:,srtics arc primarily divided into five (5) acre tracts. If thc proposed use was located within a larger area, or surrounded by agricultural properties of larger areas, the negative effects associated with thc proposed usc might bc better mitigatc~. Summary Conclusion: Thc petitioner has agreed to !imltatio~ which will reduce thc negative aspects associated with the use. Staff has supplemented these with additional stipulations which will further mitigate the negative impacts associated with thc proposed STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU-97-24 for Conditional Use "2" Sawmills (including horticultural re~:ycling) of thc Agricultural (A) zoning district as described in the Resolution of Adoption and ~"":": .... ' subject to the stipulations attached hereto, no. 4.~I~/ JAN 2 7 1998 Pg-.t: M6 i JS ark Tub Grinder Product Information "0 0 Morbark's Model 1200 Tub Grinder has firmly established itself as the most widely used, best selling 12-foot grinder on the market today. The correct combination of size, horsepower and Morbark Sales Corporation aggressiveness match up perfectly with the majority of wood and organic waste grinding applications. And the capital cost in relationship to production output makes the Model 1200 the popular choice among both private contractors and government entities involved in wood waste recycling. From large stumps and root masses, to railroad ties, demolition debris, pallets and yard waste, completely portable unit loads, gri nds and discha~'ges ' material a£ production rates from 100-240 yards per hour, depending on the type of material being processed. :,... The Model 1200 Tub Grinder is engineered and manufactured from the ~'otmd up by Morbark~a company with more than 35 years of heavy equipment manufacturing experience;" ' 8507 S. Winn Road P.O. Box 1000 Winn. MI 48896 (8O0) 23,3-6065 (517) 866-2381 Fax (517) 866-2280 ,24 Optional hydraulic ~t~blllzlng legs and hydraulic outrfggera provide added ~abillty during Fu8 break, way Dual 14' diameter underneath discharge eugem require les~ maintenance and provide longer fife IJ~n · belt, Morbark Tub Grinder Model 1200 GENERAl- 37'6' Length 13'4' Height 1Z ~ (transport) 58,500 lbs. Gross weight 16,500 lbs. Tongue weight 42,000 lbs. Axle weight Td..a.xle trailer 60,000 lbs. suspension Ttms (12) 255 x 70R x 22.5, 16-ply radial Brakes hydraulic Stabilizer legs (2) ttfth wheel Towing arrangement Caterpillar or Cummins Engine direct w/torque limtter Drive 500 - 650 Horsepower 300 gallon Fuel tank capacity Hydraulic oil tank capacity 175 gaJlon Water spray dust suppression system 5 HP Auxiliary air compressor CAB & LOADER Enclosed weathedzed operator's ca~, 6-way adiustable seat, complete with all controls Moriitt model 350 knuckJeboom loader with 26' extended reach and 280" continuous swing bypass grapple with 360' rum ~ capacity 8,300 lbs. at 10' .. TUB Full hydraulic flit 12' diameter top opening, 9' diameter at inside b~a, and 60' deep Walls constructed ol 3~' thick reinforced steel plate, floor constructed o! 1/2' thick T-1 steel Tub supported by (14) n.,,t:~r tire roller guides, carried on 1-1/2' diameter chrome shaft Hydraulic forward & reverse Safety shu~lown s.y~lem F. Jectro~ic RPM sensor for tub ddve HAMMERMILL · SCREENS 26' x 52' hammermill opening 16' diameter x 49' long roto~ with (S) 2*' heat-treated harrm't~' r~alning rods mounted on a 6' diameter rotor shaft F.~pp~ w~ (24) 2' ~ T-~ ~ r~ed r~,~r~r~ w~ , 1' ~t'dck T. 1 steel split screens Wee' plate & screen area 2.698 sq. inches DISCHARGE SYSTEM ' --'~ ..~ Two (2) 14' d'mmeter augers discharge onto a 3~' w~ ~ 26' **;_* long heavy duty belt conveyor, discharge height of 15' . ~.¥:... OPTIONS Eiectdc power Ak' conditio~er/1'mater Joy stick controls Wireless remote ~ ~W d~ ~* gre~le JAH ~.? 19.9.8 -o % PREPARED BY: .,~USAN MURRAY ! PRINCIPAL PLANNER DATE /?9? CURREKI' PLANNING SERVICE MANAGER DONALr~ W. ARNOLD, AICP PLANNING SERVICES DIRECTOR VINCkNT A. CAUTERO, AICP, ADMINISTRATOR PLANNING SERVICES DIRECTOR DATE DATE StaffR~pon for thc D:cc'mb:r 18. 1997 CC'PC m~dng. Tcntativcly schcdulcd for the January 27, 1997 BCC mccting. NOTE: COLLIER COUNTY PLANN~~MMISSION: MICHAEL A. DAVIS, CHA/RPERSON 7 JAN 2 7 1998 /4.- COLLIER COUNTY APPLICATION FOR CONDITIONAL USE REQUESTS RECEIVED OCT 01 1997 PETITION NO. COORDINAT IN G PLANNER :~'~OJ~ '~ Applicant Name (Agent): William L. Hoover, AICP, o~Hoover PlannJnlg-.S o~pe Address: 5051 Castello Drive #220, Naples, FL 34103 Phone: 403-8899 Fax: 4u3-9009 and Beau Keene, P.E. Address: 240 Aviation Drive, Naples, FL 34104 Phone: 403-9399 Fax: 403-0123 Property Owner (Petitioner) Name and Address*: Richard & Teresa Yahl. 1918 - 40th Terrace SW, Naples, FL 34116 Phone: .352-0079 Fax: 352-2778 Detailed Legal Description of Subject Property,: Section 31. Township 49S Range 27E The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 31, Township 49 South, Ranee 27 East. Collier Count~', Florida. Property. Identification #: 00337520004 Size of Property: 686" wide x 329' deep (rectaneular-shaped~ = 5.19± Acres General Location of Subject Propem.': The South Side of Washburn Ax enue Approximatelv I/4 mile north of Allieator Alley and 2 1;4 miles east of CR 951 Zoning of Subject Propem.': Agricultural Existing Land Use: Sinele-Familv home with out-buildin~ and wholesale nurservlported plant operation. Type of Conditional Use Requested: Conditional Use 2. Sax~xnill. IPetitioner desires to operate a horticultural mulchino,"recv, cling facility and have the facilir,' manager and his family reside on the site. Adjacent Zoning and Land Use: ZONING N - ROW & A~7'icultural S- Agricultural E - Am/cultural W - Am/cultural LAND USE Washburn Ave. & 2 SF Homes Mobil Home on 5-acre loxs. Vacant wooded land ~ also under contract by petitioner} Sinele-Familv Home on 5-acre wooded lot. Abandoned. older S,'F Home Cellular tower 500' to ~A'eSl. JAN 2 '7 1998 NOTE: Staff recommendation to the Planning Commission and the Planning Commission recommendation to the Board o£ Zoning Appeals shall be based upon the following criteria Please respond to the following criteria: Is this request consistent with the Land Development Code and Growth Management Plan? The Growth Management Plan designates the subiect property as Al~cultural/Residential in the A~cultural/Rural Mixed Use District, which permits Agricultural uses. The Land Development Code permits mulchine/recycling operations (sawmills) via Conditional Use petitions in the A~cultural Zoning District. Ingress and egress to property and proposed structures thereon W~th particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The proposed access onto Washburn Ave. and Landfill Road should provide easy access to the site. On-site vehicular and pedestrian accessibility should be excellent and would be limited to employees only. The site plan indicates that emer~,encv access should be more than adequate. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. The proposed uses should not have a negative effect reRarding noise, glare, economic and odor due to the limited houm proposed list of operating conditions, proposed buffers, and the proposed site layout. Compatibility with adjacent properties and other properties in the district. Our narrative letter and aerial photograph describe, depict in detail the surrounding land uses. It is im~rtant to remember that the current Am'icultural Zonini District already allows a dog kennel or the raisint, of livestock without the propem' owner even goin~ throu~,h the public hearin~ process. Additionally. modem farmin~ techniques typically require the use of heaw equipment in the plantinu. fertilizing, cultivating, han'estine, storing, and transponin~ of a~ricultural products L'~ ~ o , ~ ' . Signature of Petitioner or Agent Date JAN 2 7 1998 ,o. /¢______ * If petitioner is a corporation other than a public corporations, so indicate and name of'ricers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if no! indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. PropertT.' is Owned by: Clayton and Marci Joann Spencer 2250 Washburn Avenue SW Naples, FL 34117 (see attached copy of deed and purchase contract) PropertT.' Under Purchase Contract Richard & Teresa Yahl 1918 -40th Terrace SW Naples, FL 34116 (see attached authorization lener from petit]oner.~ JAN 2 7 1998 I, William L. Hoover }gent being duly sworn, depose and say that I am the owner~f 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 mater 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. X~~Yd~M~XXXXXXXXXXXXXXXXXXXXXXXXXXXX State of Florida County of Collier SIGN'A~URE OF OWNER'S AGENT- _~r..~TM foregoing. Agre. emen. t Sheet was ac.know edged befo e me th's identification an~(di~.~did not)~ake ah. oath~ ,__ as ~- -~~" - ~ ~n~thr~ of~ota~y P~blic) - ~ ~t'~'~ ~"~,~ I~ ~ / / / ~ . l: ~'~"' '~~~ N~ARY PUBL - ' My Commissio~ pires: -1- JAN Z ? 1998 NOTARIZED LETTER OF AUTHORIZATION RE: Conditional Use Petition and Site Development Plan for the Proposed Yahl Horticulture Recycling Facility, Located on Washburn Avenue SW, in Section 31, Township 49 South, Range 27 East, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that the Hoover Ptanning Shoppe, 5051 Castello Ddve, Suite 220, Naples, Flodda 34103, and Beau Keene, P.E., 240 Aviation Drive, Naples, Florida 34104 have been engaged by the individual(s) below to act as authorized agents and to request necessary applications during the Site Development Plan review process and Conditional Use Petition process for the subject project. Signature Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 23 day of September , 1997 by Teresa Yahl, Richard ~ who is (are) personally known pKtO me or has produced as identification and who did (did not) take an oath. Notary Public ~/ Printed Name JAN 2 7 1998 I __J ! 2 4 $ '7 9 14 LS RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SAWMILLS (MULCHING AND HORTICULTURAL RECYCLING), CONDITIONAL USE '2" IN THE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RARGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter I? 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has I! conferred on Collier County the power to establish, coordinate and 19 enforce zoning and such business regulations as are necessary for the ~ protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land ~ Development Code (Ordinance No. 91-102) which includes a ~ Comprehensive Zoning Ordinance establishing regulations for the 14 zoning of particular geographic divisions of the County, among which ~ is the granting of Conditional Uses; and 26 WHEREAS, the Collier County Planning Commission, being the duly 27 appointed and constituted planning board for the area hereby 28 affected, has held a public hearing after notice as in said 29 regulations made and provided, and has considered the advisability of 30 Conditional Use "2" of Section 2.2.2.3 in an "A" zone for sawmills 3~ (mulching and horticultural recycling) on the property hereinafter 32 described, and has found as a matter of fact (Exhibit "A") that 33 satisfactory provision and arrangement have been made concerning all ~ applicable matters required by said regulations and in accordance 35 with Subsection 2.7.4.4 of the Land Development Code for the Collier ~ County Planning Commission; and WHEREAS, all interested parties have been given opportunity to 34 be heard by this Board in a public mee:ing assembled and the Board 39 having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 41 Collier County, Florida that: -1- JAN 2 ? 1998 The petition filed by William L. Eoover, AICP of Hoover Planning Shoppe and Beau Keene, P.E., representing Richard and Teresa Yahl with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use ~2~ of Section 2.2.2.3 of the ~A" zoning district for sawmills (mulching and horticultural recycling) in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 11 Exhibit "D" which is attached hereto and incorporated by 13 reference herein. 14 BE IT FURTHER RESOLVED that this Resolution be recorded in the I$ minutes of this Board. 16 i'7 19 26 ATTEST: 27 DWIGHT E. BROCK, Clerk 3! Approved as to Form and 32 Legal Sufficiency: 33 'D'¥,., ~ Ma~J~ie M. 3~ Assistant County Attorney 37 This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman -2- JAN 2 7 1998 Exhibit FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section 2.2.2.3.2 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ae Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No De Affects neighboring properties in relation to noise, glare, economic or odor effects: --" No affect or __ Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ ' No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~-/' .... ~] --'' be recommended for approval .~..,..~ DATE: ~~~___ CHAI~: J/~~~.' t~J-97-24 FINDZ~ OF FACT JAN 2 ? 1998 Exhibit B Legal Description of Subject Property The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Qumm' of Sect/on 31, Township 49 South, Range 27 ~ Collier County, Florida Exbibi~ ¢ !: it, il I I !i I I I I CU-97-24 Exhibit D The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used offsite. There shall be no permanent storage of solid waste on site. The portions of Crawford Avenue (from its intersection with Landfill Road) and Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained in a dust free condition and topped with a minimum of a prime coat surface. The tub grinder shall not be operated within 150 feet of any property line. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. There shall be a maximum of fifteen (15) dump trucks and forty-five (45) roll-off containers stored on site. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. Maintenance and repair services to dump macks, roll-off containers and the endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement ofwaterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air cot recharge. :Iitio~°- ~ JAN 2 7 1998 10. I1. 12. 13. (f) Washing, buffing, and steam-cleaning. (g) Servicing of fuel pumps and fuel lines. (la) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. (j) Providing repair and replacement ofbrake rotors, drums and pads. (k) Minor motor adjustments no! involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repa.inting but not frame straightening or major repainting. (n) The removal o£engineers, transmissions, rear differentials and 4-wheel drive units shall not be permitted. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on site sprinkler system in order to reduce dust. There shall be no other machinery or equipment stored on site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. The tub grinder will be equipped and operated with deflectors to minimize flying debris. JAN 2 7 1998 EXECLTIZVE SUMMARY RELATING TO PETITION CU-94-20, FOR A THIRD EXTENSION OF PROPERTY LOCATED ON BAILEY LANE WEST OF AIRPORT ROAD, MIDWAY BETWEEN PINE RIDGE ROAD AND GOLDEN GATE BOULEVARD IN COLLIER COUNTY, FLORIDA. This petition seeks to have its conditional use, originally approved on January 24, 1995 extended for an additional year pursuant to Section 2.7.4.5 of the Land Development Code. The conditional use is for a cluster development of single lam/fy detached homes. CONSIDERATIONS: Petition CU-94-20 authorized the development of cluster development consisting of twenty-four (24) single family detached dwelling units. The project site is on the north side of Bailey Lane opposite a similar development. Petitions for extension of conditional use approval need to be examined to determine if any changes have been made to Collier County Land Development Codes and Growth Management Plan that would now affect the uses approved and, its condition of approval relative to those changes to the LDC. Staffs investigation concludes with an opinion that there have been no changes to provisions of the Land Development Code or Growth Management Plan that would affect the use previously approved nor its conditions of approval. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT; None. PLANNING COMMISSION RECOMMENDATION: Staff recommends the granting of an approval to the third of three potential one ye~ extensions for a conditional use as regulated by Ordinance No. 95-70 pursuant to Section 2.7.4.5 of the Land Development Code. JAN 2 7 1998 --.L. PREPM~D B~ '\ RONALD F. NINO, AICP CHIEF PLANNER REVIEWED BY: P DATE CURRENT PLANNING MANAGER DONALD~I~ARNOLD, AICP COMMUNITY DEV. AND ENVIRONMENTAL SVCS. CU-94-20 EXT. EX SUMMARY/md 2 JAN 2 7 1998 ELITE COMMUNITIES, INC. 5995 TENTH AVENL~ SW NAPLES, FL 34116 (941) 353-6444 January 12, 1998 Mr. Ronald F. Nino, AICP Chief Planner Community Development Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition No. CU-94-20 - Extension Dear Ron: Please accept this letter a, a reque, t to extend the conditional u,e for the above-refezenced petition ~om February 18, 1998 until February 18, 1999. Enclo, ed i, a check in the amount of $175.00 payable to Collier County Board of County Commis,loner, for the proce, sing fee. Thank you for yo= assistance in expediting thl, =ten,ion. ELIT~ COMMUNITIES, INC. MICHEL SAADEH, Pre, ident -/ MS/scw JAN 2 7 1998 RESOLUTION 98- RELATING TO PETITION NO. CU-94-20 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, ~LORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, l0 Florida Statutes, has conferred on all Counties in Florida the power to i! establish, coordinate and enforce zoning and such business regulations ]2 as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land 14 Development Code (Ordinance No. 91-102) which establishes co~%Drehensive ]2 zoning regulations for the zoning of particular divisions of the ]6 County, among which is the granting and extending the time period of ]? Conditional Uses; and %$ WHEREAS, on January 24, 1995, the Board of Zoning Appeals enacted ]9 Resolution No. 95-70, attached hereto and incorporated herein, which 20 granted a conditional use pursuant to Ordinance No. 91-102, for cluster 21 development, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides 23 that the Board of Zoning Appeals may approve three, one (1} year 24 extensions for a conditional use which has not been co~nenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of 26 Collier County, Florida that: 27 The written request of Michael Saadeh of Elite Co~unities, Inc., 2~ for the third of three (3) permitted one (1) year extensions, in /9 interest of the following described property: 3] See attached legal description 32 Exhibit 'A~ 3~ is hereby approved pursuant to Subsection 2.7.4.5 of the Land 36 Development Code (Ordinance No. 91-102), and the expiration date for 37 Resolution No. 95-70, attached hereto and incorporated herein as 3~ Exhibit "B", and all conditions applicable thereto, is hereby extended 39 for one additional year until January 24, 1999. JAN 2 7 1998 -1- P;. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. 14 ATTEST: l~ DWIGHT E. BROCK, Clerk 17 15 This Resolution adopted after motion, second and majority vote. Done this day of ., 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Barbara B. Berry, Chai~nan 20 Approved as to Form and Legal Sufficiency: 14 Marjc~ie M. ]5 Assistant County Attorney -2- JAN 2, ? 1998 RESOLUTION 97= 96 RELATING TO PETITION NO. CU-94-20 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED XN COLLIER COUNTY, FLORIDA 125, Florid· Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations es ere necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted · Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Use=;"and WHEREAS, o9 January 24, 1995, the Board of Zoning Appeals enacted Resolution No. 95-70, attached h~re=o and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for cluster development, on the below described property; and WHEP~.AS, on December 12, 1995, the Board of Zoning Appeals enacted Resolution No. 96-694, attached hereto and incorporated herein, which granted · one (1) year extension to the Provisional Use granted in Resolution No. 95-70; WHEREAS, Subsection 2.7.4.5 of the Land Dmvelopment Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florid· that: The written request of Michael Smadeh of Elite Communities, Inc. for the second of three (3) permitted one (1} year extensions, in interest of 'the following Y is hereby approved pursuant to Subse&.~ion 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 95-70, attached hereto and in¢or~orated herein as Exhibit #B", and all conditions applicable thereto, is hereby extended for one additional year until January 24, 1998. B~ IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority VO~e. Done this //~X day BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA T~MOTHY/..-~L~NCOCK, CHAIRMAN MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY t/C:U- t~-20 RESOLUTION ~ 5-_~694 RELATING TO PETITION NO. ~£94-20 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY ~EREINAFTERDESCRIBZD IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of'Florida.in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WH~F. AS, the County pursuant th,taro has adopted · Land Development Code (Ordinance No. 91-102) ~hich establishe~ comprehensive zoning regulations for th% zoning of particular divis~ons of the County, among which fs the granting and extending the time period of Conditional Uses; aha'. W~ERF. AS, on .J~nuary 24, 1993, the Board of Zoning Appeals enacted Resolution No. 95-70? ~hich granted a conditional.~se pursuant to Ordinance No. 91-102, for Conditional Use "5" Cluster Development of Section 2.2.4.3 of the Land Development Code, on the property described by Exhibit "A"; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provide~ that the Board of Zoning Appeals may extend the one (1) year tine period for a conditional us, ~hich has not been commenced; NOW, THEREFORE BE ZT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of }~lchael Saadah representing Elite Communities, Inc. for the first of three (3) permitted one (1) year See attached legal description EXhibit is hereby approved Pursuant to Subsection 2.?.4.5 of the Land Development Code (Ordinance No. 91-~02~ and the ex~irstion date for BE IT FURTHERRESOLYED that this R,solution be recorded in the minutes of this Board and in the records p~ the Petition for which the extension is granted. Reeolution end moved for ~ts adoption, aeconded by Commissioner ~9nCOCk , and upon roll call, the vote vas: NAYS: A~.SE~T ARD ABSTENTION: Done this 22th day of Dtctmb.c , 1995. ATTEST: ". ',.. ~: ~. ..' . ./.--/ , ~ORIE g. STUDENT ASSIST~T COUNTY A~O~EY P.U. EXTENSION RESOLUTION D.c. Itel. I 1192/mil~d~l - 67-124S, ~vl o~ 71a~d~, ar~ ~ap~ir 125, FlorLda S~tutil, has ~S, the Coun~ F~rJuan~ ~ere~o has adopted a Divelopntn~ Code (ord~na~ct ~o. Jl*102) ~lc~ Lncludes u Zoning ~rd~nance establLs~:; reqvlat~ons ~cr the zc~L~q c~ ;arC,criEr giograp~Lc d~vls~ons of tko County, among vh~ch ~s the qran~q c~, ' 'Co~dit~onal U~es~ and .' ~S, ~hl CollLe: Ccu~y Plann~nq Cou~ss~on, be~ ~l dul~ has h~ld a public hear~q t, ir provided, and has consl~ir~ the a~v~sabll~ of Conditional Use '5' Sec~lo~ 2.2.(.3 tn in '~F-3" Zone for cluster developuen~ o~ ~l proper~ ~trt~na~lr described, and has ro~nd as I ~.: e~ Zac~ (Zxh/b~ BAs) ~hl~ sa~Ls~ac:o~ prov/sio~ a~ ~rrinqeuen~ ~.as bet~ ccncernLng'all applLcable- - r ~,~e s rtqvLrtd by said ~e~ula~or~ a~ ih accordance v~kA Subs~c:~c: 2.~.4.4 of t~t Land Develo~ne~ Code for considered all ca~ers ~, ~ZTOP. Z BE IT ~OLVZD, BY THZ BOA~ OF ZOKZ~G APP~ o~ Collier County, 'Tl~r~da ~ fl. fl~cntl Sildth, re rilenti _..' .' *: .~ .~, .~ ...~* ; . P ~ Zl~e . .. , ~onunltLes, Inc., v~ respect to the ro '' '~.~=Jm:~'~' ~'' ~ "' '.-. ..... ". ~ .' ' , · · I . · : ...~ .~---- ~.~.~:.-~ , ~, ....... . ....... · ,. ., , -. .~ ..... =~e~ .~--~ .'~, · . . .... ,~ P . ~. . ~,. ~.,,~z~ .~'~-~,,~'.a~;~.. ~ · . ... .. · . . .... ~ .~,.~ .,.~,~-~... .... :._ .... · ·. ....... '". :, ::'1 .... .'...... ' .- ~r ' ' .' ..' - · ..~;:~' . .~.~ ...~,~ ~' ',.', ='.~ ~.~, .;,..;~.~,.~_.~.~ .... f .. · ' · · '".. : .., . .-' ','. ~P ~.~.~ ~ '~J.~; .... :" ,~.~r-~..~,~., *..*, . · ' ' ' ' .. '." ' --'~- ......... ~; ~ ~n~~ ~;- ..... , , ..... ., . ..... . , ~ ..... . . -~. ~...y .,. ,. ,. .... · · ' . . -~.- .-~ .... ~ ~- 'a- , . ~ '" '- ~ ' ~'~ ...... ... . ,. . ,. - .... ~ .~. ~. ...~ · ~, ..... . ,.-..~,.. ................... =~.-.~~ .... ,~ ~ . .=: ~. co~tionat ~s,. ~nsion of ~e usu id~tir/e~ Ipprove4 vl~in ~s co~ltioMl ~se ippli~tlon, or conditional ~ss i}plic&Clon, I~ I~lll c~ply applicable Co~ty a~dinances tn ei~e~ at ~e the o~ levle~ I~ aTp:oval, of ~e ~llier C~n~ ~ l,OOO s~arl fait for one sto~ ris~dincts aM 1,200 s~art ~eet ~or any residence v~h ~ore than one habitable ~loor. .'* c.',. ~lfflc control Jiqnlnq, ~rkl~ a~ s~rlpi~ shill On ~ni~o~ ~alfic Control Devices. pro,eot entrinc8. e. The pro~,c~ s~ll be sub~ ice. to a fair s~rt and shill ~e c:r. sisten~ vith the County's ~affic Signal ~arranC Yolicy. ll~tls shill be o~sd, main~ained ~y t}.l Coun:y. ~an~ly, siq~litation uedian control cn Airport ~oad so is ~o prohibl~ exi~lnq.. o~trs. Sho~lt co~dltions change such tha~a signal ~ne and Air;cr~ Woad, the developer, or successor conZrlb~tion tc~'trd the slqflal sys~en. diminution c~ ct;acity as presently exists. ' As eic~ secticn vith lots abutting on 'l' lstates district qutllfles for bulldln~ pm~lts, then thm buffer ~rs~ Certificate O~ Occup&nc~ ~or m rllidtncl abu~ting.. ~ , ~nut~ ~ ~ls noar~ . : · · . .~'1'.. '. ' ' ' ''.~ .'~ , . "'.." "... · ~' "' ~" *' .il. ."f.'l.:~ .'i .... . . . * . ~' . . ., ~ · .~ -- , . . . , , % .,-~. .~,-. ,%.. ~, .~--; ..... m , ~ -.~.: ~. .. ......... ~,~ ~~~} · ... ~.'.? .-~ ..,~ .~ · ....... ~,. .... ~a%.~. ~..... . '?. ......~..~ .... : · .. · ~q .... .4~'~ . ' ~ ~ .s '. ... ~ ...... .,..,.~.~ . "5'".a'.'~. -r:; .21~,~ '2.1'~'.*~, ':~,'~'~'.~. '1 ~'~ ~;'~ '~.,7~, ': .,'~m: '*..r ~ *-'... ""r . ..' ...... ~ .... ~ .~'~N~ m ~ ~.J~ "-t~ ' ~ '"" $, ~." "~' ' '~, ' ~, ' " .'' .N.., ....~,~--~ ~.~. ~ ,.~ ~; ~.,.. . ~,~ ..... · =~ .... · .... ~ ,~. ... ..... ~ .... ~- -~ ~ ,., . .. ,. · ........ . ...... ,(~- . ' ' · .... : '~ ~. · I-~' ~'.~ ~- ; ::~ .' ..'~:...;. ~:1 ,-. ~d~'~'~r'.~*c~' - . '~...~ ~v , ~:',*~~'~~'~ ~...,,,_.. ~ .~ ~~.~; "~ ~ - -~ ,.a --'." _~'~ ~,; ''ff~' ~''%~~'%~'~' ~--'~T~ ~ ~~ '" C~94 -20 The folloving facts ere founa: · .1.-. S~ction 2.2.A.3.5 of the I~nd Devlopment Co~e authorize~ =he conditional use. Cranting the conditional use ~'ill not a~versely affec~ the public interest an~ ~ill no~ adversely affect other prope~y or us'es in ~ ~ama ~i~rict or because of: ' A.Consistancy'~i~ the Lan~ Development Co~a an~ Gro~h ~anagemen= ~1~: B. In~e~s and e~ess ~o ~st~c=ures thereon %'lth pa~icular .automotive an~ pa~ts~ian safety an~ convenience, traffic flo~ and control, ama access in case of fire or c&tastrophe: '. Ade~ate ~gress & egress. Yes- ... ~/ ~o affect ~r ).ffec~ ~itig~te8 · D. Compatibility %'ith aajzcent Pr6perties and other property in the dis%rice:. Compatible usa %'ithin ~istrict Yes .... / ~ased on the above fin~ings, this conditional ~sa should, %'ith stipulations, (copy at=ache8) (shoul6 not) raco~anded, for approval ' . ~st..:[/2 of th. 1<£ ~14 of the S~ 1/4 of th~ ~E ~/4 o~ Section ess ahd'except ~ no~-305 ~e~t.~ao~, a~d ~o~ f S&~ion 2~, T~hlp 4g .Sou~, ~ng~ 25 ~t~ Co11~ 30 feet and the Nest 30 feet thereof. t EXEC~ SUMMARY RECONQ,fENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.63 I, "TH~ CLUB. ESTATES" LOCATED IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY PUD (NAPLES NATIONAL G.C.), ON THE SOl/tH BY AN UNDEVELOPED PUD (CASA DEL SOL G & CC), ON TH~ EAST BY COUNTY ROAD 951, AND ON THE WEST BY LAND ZONED PUD (NAPLES HERITAGE GOLF & CC) AND UNDEVELOPED LAND ZONED AGRICULTURAL. , To issue an excavation permit to The Club Estates L. C. (Richard K. Bennett, Trustee) for thc project known as "The Club Estates" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate two lakes with a total surface area of 12 acres + to a depth of 12 feet. The resultant 192662 C.Y. of fill will be used on site for construction ofthe subdivision with the excess fill being sold and removed off-site. This project was reviewed and approved by thc E.A.B. on August 6, 1997. FISCAL IMPACT: o The Community Development Fund, Development Services (113-13900) would receive $1,486.00 in evenues broken out as follows: Application Fee $ 850.00 Permit Fee t~36.00 $1486.00 TOTAL FEES A security in the amount of $48,165.50 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.631 to The Club Estates L.C. (Richard K. Bennett, Trustee) for the project known as "The Club Estates" with the following stipulations: Thc excavation shall be limited to a bottom elevation of-3.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of 0.0 NGVD. Off-site removal of material shall be subject to "Standard Conditions" Transportation Services Division in document dated 1/13/98 (copy attached). JAN 2 7 1998 Where groundwater is proposed to be pumped during the excavating operation, a Dewatedng P~m~/t shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any dewatering activity on the site. No blasting will be permitted unless issued a separate pcmfit by Collier County Project Plan Review. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, r~quired by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. The lake littoral zone shall be created and planted as indicated on the Plan of Record. A 20 fi. maintenance easement shall be provided around the perimeter of the lake and a 20 fi. access easement to it shall be provided from a public fight-of-way. The easement shall be prov/ded to Collier County, however, maintenance will be provided by The Club Estates, Copy of South Flor/da Water Management District construction/operation permit or early work permit with staff report shall be prov/ded prior to excavation paTn/t approval. No Excavation Permit shall be issued until all impact fees have been paid. PREPARF_ BY STA CHaZA. OWSKI SENIOR ENGINEER P . .~~.VICE~T~NT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 59.631 EX SUMMARY/md DATE DATE DATE JAN 2 7 1998 COLLIER COUNTY TRANSPORTATION SERVICES "STANDA;~d) CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a mammary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul route~ betwe~ an excavation site and an arterial road shall be private with prop~ty owner(s) approval or be a public collector road built to standards applicable to handle the resulting lruck traffic. Wh~re residential areas front collector roads, appropriate turn lanes, buffer and bike'path shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transpor~tion Sen'vices Administration reserves the right to suspend or prohibit off-site removal of excavated material should such r~rnoval create a hazardous road condition or substantially deta'iorate a road condition; such action by the Transportation S~n'vices Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right. of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight ILmits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable pc, mit stipulations. EXHIBIT "B" Page One of Two JAN 2 7 1998 Based on soil boring in.formation per Ordinance No. 91-102 as amended, a blasting permit rna), be appropriate. Should a blasting perm/t applicat/on be suhm/tted and should residential areas ex~st within one mile of the excavation site, the County reserves the right to deny a blazting perm.it based on concerns for off-site impacts from bla~ng at ~n excavation site. Should a blasting permit be considered and approved, the m~n~mur~ conditions of approval in ~dition to conditions per ~ce No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner r~Icase as required by the Development Services Director. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development S~,ices DLrector. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or reIated physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91..102 as amended. Reference to letter of 5124188 Revised 1/13198 Page Two of Two JAN 2 7 1998 REQUEST TO APPROVE THE FINAL PLAT OF "BAW~.SS" To approve the final plat of "Sawgrass", a subdivision of lands located in Section 25, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERAT~0N~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Sawgrass". 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. egineering Review Section recommends that the final plat of awgrass" be approved with the stipulation that the final plat not 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 IM~A~, The fiscal impact to the County is as follows. The project cost is $187,770.10 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving & Grading - $ 54,612.30 - $133,157.80 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: $3824.92 Fees are based on a construction estimate, lof ~~ ~ $187,770.10 and were paid in October, 199 Executive Summary Sawgrass Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac) -$ 469.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 273.06 Drainage, Paving, Grading (.425% const, est.)- $ 565.92 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 819.18 Drainage, Paving & Grading (1.275% const, est- $1697.76 (FROW~MANAGEMENT The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney,s Office for the project. ~ECOMM~ATION: That the Board of County Commissioners approve the final plat of "Sawgrass. with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. JAN 2 ? 1998 Executive Summary Sawgrass Page 3 PREPARED BY: John R. Houldswort~, Senior Engineer Engineering Review REVIEWED BY: Thomas 6. Kuck, P.E. Engineering Review Manager Donald.W. Arnold ~ Pl.~nn~g Services ~irector "6 t ~. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JR}{: ew Date Date Ifat .~ Date JAN 2 7 1998 ......~.__~ . IVE~ UNPLATTED WILLOW WEST WILLOUGHBY ACRES NPLATTED PROJECT IMMOKALEE ROaD (S.R 8~,~.) SITE T,:9 1-75 -"=--'---.-III- LOCATION (N ' $ ' JAN 2 7 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGKEEMENT for SUBDMSION IMPROVEMENTS PRIOR TO KECOP, DING OF PLAT AG~, entered into this day of ,19._., between SAWGRA$$ OFNAPLE$./N(~.. hereinafter r~ferred to mz "Developer" and the Bom'd of County Commissioners of Collier County, Floridm, hereinai~er referred to mz "The Board". 2 Developer ha~, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known az: ~A WGR,4$$ $UBDMS~QN. Division 3.2 Of the Collier County Land Development Code allows the Developer to construct the improvements required by .~aid subdivision regulations prior to recording the ~nal plat. NOW, THeReFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree az follows: 4 Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting iabastructure serving $,4 WGR,4$$ ~UBDIT/ISION witl~n J6 months from the date of approval of said subdivision plat, .said improvements herein after referred to az the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance security (Letter of Credit/Surety Bond), in the ·mount of "~ 7 .~l'~?c,(, ~ which amount represents 10',4 of the total contract cost to complete ~nstruction. U~n receipt of said subdMsion performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording ~nd grant preliminary approval of said plat. The required improvements shall not be considered complete until · statement of substantial completion by Developer's engineer along with the final project records have been itmished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. JAN 2 7 1998 The Development Services Director shall, within sixty (60) days of receipt of the statement of' substantial completion, either: a) notLfy the Developer in writing of' l~s preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith sp~fying those conditions which the Developer must fulf~ in order to obtain the Director's approval of the improvements. However, in no event ~hall the Development Services Director refuse preliminary approval of'the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this A~eement. 6 The Developer sh~ maintain all required improvements for a minimum period of one year a.fi, er preliminary approval by the Development Services Director. ARer the one year maintenance period by the Developer h~s terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Dh'ector or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivisions performance security. The Developer's responsibility for maintenance of' the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7 In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may czll upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be li~le to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8 Ail of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns ofthe Developer. 2 JAN 2 7 1998 IN wrrNEsS WHEREOF, the Boa'd and the Developer }~ve executed by their duly authorized representatives this., day of czused this Agreement , 1~_._. to be Si~ned, Se&led md Delivered in the presence of': SAWGKASS OF NAPLES, INC. P, ichard McCullough, Preside/ ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chakman Approved ~ to form md legal sufficiency: Da~d~. We/gel ' Collier County Attorney JAN 2 7 1998 ........... ~,ll I I IIII I IIIIII ' I EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 3 TO WORK ORDER WMBP-FT-96-4 WITH WILSON, MILLER, BARTON AND PEEK, INC. (Project No. 60061) ~ Obtain Board approval of Work Order WMBP-FT-06~ with Wilson, Miller, Barton and Peek, Inc. ~'or professional engineering services related to the development of final design plans for Livingston Road between Radio Road and Golden Gate Parkway.) CONSIDERATIONS: On February 6, 1996 [agenda item 16(B)(7)]the Board approved Work Order WMBP-FT-96-4 with Wilson, Miller, Barton and Peek, Inc. for the design ofthe proposed Livingston Road bridge crossing over the Main Golden Gate Canal. On J'anuary 17, 1997 staff authorized Change Order No. 1 in the amount of $3,000.00 to include the design of retaining walls for the bridge approaches. On March 4, 1997 [ag~da item 16CB)(2)] the Board approved Change Order No. 2 in the amount of $44,860.00 for the preparation of lighting and signalization plans. TI'tis Change Order No. 3 in the amount of $16,130.00 is for additional signalization plans development at the proposed intersection of Livingston Road and Enterprise Ave., development ora traffic noise analysis utilizing ambient noise levels, structural design of a barrier wall topped by a noise reduction wall, and modifications to a previously designed retaining wall to accommodate a proposed utility line. FISCAL IMPACT: Funding for this Change Order No. 3, in the amount of $16,130.00, is available as follows: Fund No. 333 Cost Center No. 163650 Project No. 60061 Road Impact Fee District 2 Road Impact Construction Livingston Road (Radio Road to G.G. Pkwy.) .,,GROWTH MANAGEMENT IMPACT: This portion of Livingston Road is identified as CIE No. 53 and is consistent with the Capital Improvement Element and Transportation Sub-Element &the Growth Management Plan. RECOMMENDATION: Approve Change Order No. 3 to Work order WMBP-FT-96-4. SUBMITTED BY: "~~~ Robert C. WilcO, P,E, REVIEWED BY: Adolfo A. ~'~zalez, PiE~~'~ O,C.P.M, Director REVIEWED BY:~~~~~:~~ Ed llschner Public Works Administrator Date: Date: _ l / l ~ /t]nt~ / I Date: Cna=ge Order No. 3 Pa~e 2 .~.obert C. Wile~, P.E., Project Manager Accepted by: . ~--g-="~ Date: John H. DeWinkler, P.E., Transportation Director Wilson, Miller, Barton and Peek, Inc. David F. Bobaniek, Director Transportation Department Accepted by: (For Use by Owncr: Fund: 333 Cost Center: 163650 Object Code: 631400 lh'ojectNo.: 60061) cc: File 60061.02 (Desi~ Contract) W.O.V/MBP.FT-96-4 C.O.3.doc JAN ? ?' 1998 CHANGE ORDER TO: Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 FROM: Project Name: Proposed Livingston Road Bridge Work Order Date: February 6, 1996 Change Order No.: 3 Collier County Government 3301 East Tamiami Trail, OCPM Bldg. Naples, Florida 34112 Project No. 60061 Work Order No.: WMBP-FT-96-4 Date: January 6, 1998 Change Order Description: (Attach additional iafonmtion if neces.~ry) This change order is for additional Engineering Services. See attached scope of services and schedule of fees for this Change Order No. 3. Original agreement amount ............................................................... $ Sum of previous change orders amount ............................................ $ This Change Order Amount [add] [delete] ........................................ $ Revised ,~greement ,~mount ............................................................... $ 86,330.00 47,860.00 16.130.00 150,320.00 Substantial Original contract time in calendar days .................................................. Adjusted number of calendar days due to previous change orders ......... This change order adjusted time is .......................................................... Revised Contract Time in calendar days ................................................. Final 405 100 289 794 Original Notice to Proceed date .................................................. February 21, 1996 Completion date based on original contract time ........................ April 1, 1997 Revised completion date .............................................................. April 10, 1998 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising our of or related to the change set forth herein, including claims for impact and delay costs. JAN ? 1998 2 1.1 EXHIBIT A ADDITIONAL SERVICES Livingston Road Improvement - Four Laning From Radio Road to Golden Gate Parkway Collier County Project No. 60061 1.2 OWNER desires additional services for the proposed Livingston Road Improvement between Radio Road and Golden Gate Parkway (PROJECT). CONSULTANT was requested by OWNER to provide professional engineering services for these additional services for the PROJECT under County Master Contract No. 95-2422, Change Order No. 3. SCOPE OF ADDITIONAL SERVICES The additional services required for the PROJECT are as follows: 2.1 Noise Analysis 2.2 2.1.1 Conduct an ambient noise analysis in the vicinity ofthe Briarwood and Wyndemere Developments. This analysis will include field measurements to establish ambient noise conditions at these two (2) sites. Recommendations regarding increases above existing noise levels will be determined. The ambient noise analysis will be conducted in accordance with Florida Department of Transportation ('FDOT) Project Development and Environmental Guidelines (PD&E) Chapter 17 (par. 17-3.1.1 and Fig. 17.1, Rev. 2/8/94). 2.1.2 Determine the 55 dBA distance with and without abatement considerations. This analysis will be conducted utilizing data collected in previous noise analysis efforts. 2. 1.3 Results of the noise analysis will be presented .to OWNER in two (2) separate technical memoranda. Sound Wall/Gravity Wall Design 2.2.1 Provide structural engineering services for the design of an approximately 10 foot to 14 foot high sound wall with a gravity wall/traffic barrier. Design will be based on both the SBC94 criteria for 110 MPH wind conditions or AASHTO and FDOT requirements for the same wind conditions, whichever is the more severe. Site restrictions will require a special unified design. Expansion and control joint details will be provided. The sound wall and foundation design details will be provided to OWNER in a reproducible form and on disk for inclusion into the PROJECT roadway plans. 2.3 2.4 2.5 2.6 Light Pole Mounting on Gravity/Retaining Walls 2.3.1 Provide structural engineering services for fie design of base connections of a 40 to 50 foot high light pole to a gravitylre~ning wall. Design will be based on FDOT criteria and breakaway light pole base de~ls. A detail will be developed for both gravity wall and retaining wall cases. The light pole design details will be included within the PROJECT lighting plans. Signalization for Enterprise Avenue 2.4.1 Design final signalization plans to be incorporated into OWNER's contract bid documents for Enterprise Avenue. Services to be provided by CONSULTANT will be the same as defined in Change Order No. 2, Exhibit A, Section 5 - SCOPE OF SERVICES approved February 6, 1997. Pipe Penetration of Retaining Wall at Southwest Comer of Bridge. 2.5.1 Provide structural engineering services for the design of a 16" pipe penetration through the roadway retaining wall. Restrained joints will be provided. The pipe penetration details ,.,,'ill be provided to OWNER in a reproducible form and on disk for inclusion into the PROJECT roadway plans. Schedule 2.6.1 Major activity/event milestones for the additional services are as follows: Duration a) Change Order Notice-to-Proceed -0- b) Noise Analysis 1. Data Collection 2. Analysis 3. Technical Memo 4. County Review/Issue Resolution Sound Wall Design; and Light Pole Mounting Design Enterprise Avenue Signal Design (60, 90, Final) Pipe Penetration Design c) d) e) 15 5 10 15 15 60 (concurrently) 5 (concurrently) TOTAL: 60 ~ I 2.7 Compensation 2.7.1 2.7.2 2.7.3 2.7.4 2.7.5 Noise Analysis: Sound Wall Design: Light Pole Mounting Design: Enterprise Ave. Signalization: Pipe Penetration Design LUMP SUM TOTAL: LUMP SUM FEES $ 2,750 3,420 2,000 7,360 600 $16,130 JAN ? 7 19~8 EXECUTIVE SUMMARY REIMBURSE THE CHAIRMAN OF THE MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE FOR EXPENSES TO BE INCURRED IN PERFORMANCE OF HIS DUTIES. ~,~_~,~y.~: To obtain authorization for reimbursement to the Chairman of the Marco Island Beach Renourishment Advisory Committee for expenses reasonably incurred during attendance at thc National Conference on Beach Preservation Technology to be held February 4-6, 1998 in St. Petersburg, Florida. CONSIDERATION: The Marco Island Beach Renourishment Advisory Committee was created by Ordinance No. 86-91. Section Six of said Ordinance provides that members of the Committee 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. The Chairman of the Marco Island Beach Renourishment Advisory Committee has requested that reimbursement be authorized for expenses reasonably incurred during his attendance at the National Conference on Beach Preservation Technology to be held February 4-6, 1998 in St. Petersburg, Florida. This conference provides the latest in beach preservation research, technology and project results. Such is essential to the proper planning and management of the Marco Island Beach Restoration program and as such, reimbursement for participation in same is considered to be consistent with the provisions in Section Six of Ordinance No. 86-91. The staff has reviewed this request and is recommending approval based upon the following estimated costs to be incurred. Registration Fee $275.00 Accommodations 188.00 Meals 48.00 Mileage 102.00 Misc. (Tolls, Parking, etc.) 5.00 TOTAL $618.00 ]FISCAL IMPACT: Cost: Fund: Cost Center: $618.00; to be obligated in the budget for FY 97/98. (159) Marco Island Beach Renourishment. (112591) Marco Island Beach Renourishment Sufficient funds are available in the current budget for this purpose. JAN 2 7 1998 GROWTH MANAGEMFNT IMPA(~T,: None [rECOMMENDATION: That the Board of County Commissioners authorize reimbursement to the Chairman of the Marco Island Beach Renourishmcnt Advisory Committee for reasonable expenses estimated to be incurred during attendance at the National Conference on Beach Preservation Technology to be held February 4-6, 199S in St. Petersburg, Florida. PREPARED BY: ~ DATE: /' ~i~ .~/ E. I-Iuber, Project Manager III Office of Capital Projects Management REVIEWED BY: Ad__o. lfo A_. _~6n.'zal;z, ~ff.E., j~irecto Office of Capital Prc~ject~'Management REVIEWED Ed llschner Public Works Administrator DATE: cc: Marco Island Beach Renourishment Advisory Committee JAN 2 7 EXECUTIVE SUMMARY iPETITION TM 96-007 FOR NEIGHBOR.HOOD TRAFFIC MANAGEMENT TO TRAFFIC CALM PALM DRIVE WITHIN THE GLADES COUNTRY CLUB, NAPLES SUNRISE AND SUNRISE [] CONnqUNn S. i~LI~,,~: To approve TM 96-007 to allow for the installation of traffic calming devices on Palm Drive within the Glades Country Club, Naples Sunrise and Sunrise HI Communities. CONSIDERATIONS: A petition signed by 55% of the residents of Glades Country Club on Palm Drive has been received by the Transportation Services Department. The subject section of Palm Drive extends from the Glades Boulevard intersection southerly to the vicinity of the south drive to the Naples Sunrise parking lot, a distance of approximately three-quarters (3/4) ora mile. In meetings and workshops, problems identified by the concerned residents were traffic speed, traffic volume, traffic composition and safety (i.e., cut-thru traffe, bicycle/pedestrian safety and safety at the two golf cart/golfer crossings on Palm Drive). A traffic team was established by the communities and together with staff, the traffic team reviewed traffic count data, speed analysis, pedestrian counts and general roadway characteristics. Palm Drive is presently marked for a single 14-foot traffic lane and a 6-foot preferential bicycle lane shared by pedestrians. The posted speed limit is 25 mph for vehicular traffic. Recorded volumes and p, eeds are well above thresholds specified in the Neighborhood Traffic Management Program guidelines. Additionally, pedestrian traffe and golf cart traffic at two crosswalks bisecting Palm Drive are substantial and adequate protection at these locations is essential. Staff and the Community Traffic Team reviewed several traffic calming techniques that would be appropriate for reducing cut-thru traffic and speeds of vehicular traffic utilizing this residential collector. The community reached consensus on a traffic calming technique that would provide the desired effect of improved resident livability and a reduction or elimination of vehicular threat for bicycle and pedestrian traffic. The traffic team recommends that a series of five (5) speed humps be approved for installation on Palm Drive between Glades Boulevard and the southern drive to Naples Sunrise HI as indicated on the attached plan (Attachment 1). Two of the speed humps will be marked as pedestrian/golf cart crossings as shown on the attached plan. Letters of no objection for the installation of speed humps on Palm Drive have been received from the Sheriffs office and the East Naples Fire Control and Rescue District. JAN 2 7 1998 Executive Summary Neighborhood Traffic Calming on Palm Drive Page 2 As consideration for the installation of the five (5) ~ humps/crosswalks, thc involved communities on the affected roadway have agreed to contribute one-half (I/2) the cost for these traffic calming device~ and the required signing and m~ng. The following indicates the cost distr/but/on reflected as the result of the~e proposed speed hump installations: Estimat~ Construction Costs Speed Humps 10 ~ $975.00 ea. $9,750.00 Sign,age Signs 12 ~ $100.00 ea. $1,200.00 Ballards 20 ~ $50.00 ea. $1,000.00 Markings Th~'rao Plastic & RPM's $1,500.00 Total $13,450.00 FISCAL IMPACT: Total expenditures for this item are estimated at $13,450.00. The County's share is estimated at $6,225.00 and will be funded from Road Construction-Gas Tax Fund (313-163673), Neighborhood Traffic Managc"ment Prograra Project #66076. A Budget Amendment in the amount of $6,225 from Road Construction - Gas Tax Fund Reserves (313-919010) will be required. ,~: None RECOMMENDATION: That the Board of County Commissioners direct staff to coordinate the implementation of the traffic calming project on Palm Drive, approve an amount of $6,225.00, which is the County's share for construction of this project, approve the necessary Budget Amendment(s) and direct staffto obtain the agreed upon matching funds from the participating communities (Glades Country Club, Naples Sunrise and Sunxise m). PRBP~ BY:~. REVIEWED BY: J ~ _ . f_-'~-'~ . _.___.._ D~/~Tra~rtation Dim:tor Ed Ilschner, Public Works Administrator / RC/tm/1139~r.S TM96-007doc OA t en (s) JAN 2 7 1998 no · 2 7 1998 EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 Davis Blvd. Telephone (941) 774-7111 Naples, FL 34104 Fax # (941) 774-1782 October 8, 1997 David Bobanick Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Bobanick, After careful review of the plans provided for Fox Fire and Palm Drive, the East Naples Fire Control & Rescue District has decided not to object to the construction of speed humps in Foxfire and Palm Drive. If you have any questions, please do not hesitate to call. Robert Schank Chief Collier County Govt. Complex Bldg. - J . .: ,,.:., 3301 Tamiami Trail East, Naples, FL 34112 · Telephone (AC 941) 774-4434 Rich~td J. Casey, P:oject Manager Transportation Department Collier County Goven;.ment 3301 E. Tm-niami Trail Naples, Fi. 34112 November 4, 1997 Dear Mr. Casey: This letter is to confirm that, after investigation, this Agency has no objection to the placing of Traffic Calming Devises in the locations as specified in your memorandum dated September 22, 1997. If I can be of further assistance, please do not hesitate to contact me. .IK/DH.pb Don Hunter, Sheriff WE SUPPORT WE SPONSOR THE FLORIDA SHERIFFS YOUTH A home for needy and worthy boys and g~rl$ COLLIER COUNTY COLLIER COUNTY RANCHES COI.I. R COUN'I GOVERNMENT TRANSPORTATION DEPARTMENT MEMO~~ 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8494 FAX (941) 774-5375 R CI~TIIqLrD ~LL/£ C~IP CO.%U~UNITY DATE: Septmnber 22, 1997 TO: Sheriff Don Hunter Sheriff's O~ce .Richard J. Casey, Project Manage,~,/~ Transportation Department FROM: SUB.IECT: Neighburhood Traffic Management - King's Way and Palm Drive Since the Board of County Commissioners approved the Neighborhood Traffic Management Pro.re'am in October 1995, the Transportation Services Department has received requ~'sts for investigation for traffic calming techniques at 36 locations throughout Collier County.. This Department has reviewed these locations and we have determined 20 locations qualif3' for consideration. At present, this office has identified two specific qualifying locations and has pro~essed to a point wherein proposed calming techniques are desired and awaitin~ installation. King's Way in the Foxfire Community. has requested 3 speed humps in addition tl a prototype installed this past Feb.'dar.,,. The Glades Country Club, Naples Su.~se and Sum-ise III located along Palm Drive has requested 5 speed humps throughout Palm Drive. The speed hump configuration as detailed on thc anached sketch has been utilized in other counties and cities within Florida and throughout the country with much success. The remaining 18 locations have yet to be reviewed for traffic calming solutions. Although the various communities have indicated approval of the effects contributed to the speed humps, there have been concerns expressed by law enforcement agencies and fire protection service entities regarding reduced response times. After considerable testing by the Institute of Traffic Engineers and the National Fire Protection Association, the reduction in response time has proven to be minimal to negligible. Additionally, as stated in one publication, the affected residents on the roadway wherein speed humps are located are willing to accept reduced response time in lieu of improved livabilitv and the reduction or elimination of the vehicle threat. ' JAN 2 7 1998 I I 1 I '"JAN 2 7 19S8 JAN 2 ? 1.ri.q8 EXECLrI'IVE SUMMARY RECOGNIZE, APPROVE AND APPROPRIATE A PORTION OF LELY GOLF ESTATES BEAUTIYICATION MSTU FUND 152 RESERVES FOR ADDITIONAL MAINTENANCE SERVICES. O.~IF.,.(~I~: To obtain Boml approval for redistribution of · portion of Fund 152 R~crves to Operating ~o tl~t the Lely Golf F. mtes Beautification MSTU will be ·blt to make gtditional improvements. CONglBERATIONS: On December 12, 1997, the Lely Golf Egates Beautification Advisory Committee met taxi ummimously voted to authorize it's liaison to request the Board's ~proval to utilize a portion of the funds held in Reserves for ·ddifional improvcmcnts within the MSTU. These will consist of aesthetic improvtments ·t the US 41 entrance to Lely Golf Estates, irrigation sleeving for fum~ effluent lines ~nd electrical rt~irs at Doral Circle. The funds, which have been set aside in Reserves, require appropria~g to the Opera~g Cost Ceat~ so that the requested improvements can be completed this year. FISCAL IMPACT: Total cxpcndivarcs for the ~dditiorml ~ services m~ estimated at $18,500 ~nd will be funded from the FY 97 budget in thc Lely Golf F. smtes Bczutific~ion MSTU Fund (152-162541- 634999). Funds are available in the Reserves. (152-919010). GROW'rH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the Budget Amendmen! transferring $18,500 fi'om Fund 152 ~ to Fund 152 Operating so that additional maintenance services can be provided within the MSTU. PREPARI~ BY: Val Prince, Engineer II / -David i Transportatiori ~ze~cior - c Works Administrator Ed Ilschner, Publi DATE: DATE: /-/~" q Y DATE: V~/DFRhnk~! 149g/G: Critique Lely MSTU Rzzerves.doc ARachm~nt($) JAN 2 7 t998 N., LELY BEAUTIFICATION M. S. T. U. Fund 152-162541 Expenditure Budget Status January 1998 OBJECT EXPENDITURE ADOPTED EXPEND ENCUMB BALANCE CODE TITLE 97198 631403 ENGINEERING - OTHER A/E FEE 6,532.50 965.00 5,567.50 - 634350 ADMINISTRATIVE SERVICE - TRANS 2,600.00 2,600.00 - 634351 ENGINEERING SERVICE-TRANS 5,800.00 5,800.00 - 634970 INDIRECT COST REIMBURSEMENT 2,000.00 1,000.00 1,000.00 - 634999 OTHER CONTRACTUAL SERVICES 35,000.00 8,501.02 33,824.58 (7,325.60) 643100 ELECTRICITY 1,200.00 150.33 1,049.67 643400 WATER & SEWER 12,000.00 2,172.48 9,827.52 645100 INSURANCE- GENERAL 300.00 300.00 646311 SPRINKLER SYSTEM MAINTENANCE 1,500.00 50.00 1,450.00 649990 OTHER MISCELLANEOUS SERVICES 2,100.00 325.03 1,774.97 652310 FERTILIZER, HERBICIDES & CHEM. 1,300.00 297.15 1,002.85 652990 OTHER OPERATING SUPPLIES 600.00 46.77 3.94 549.29 OPERATING TOTAL 70,932.50 13,807.78 51,573.84 5,550.88 871200 PRINCIPAL- OTHER DEBT 20,000.00 20,000.00 872200 INTEREST - OTHER DEBT 1,800.00 1,800.00 GRANTS & AIDS SUMMARY 21,800.00 - 21,800.00 991000 RESERVES FOR CONTINGENCY 3,500.00 3,500.00 993000 RESERVES FOR CAPITAL OUTLAY 31,700.00 31,700.00 RESERVES SUMMARY 35,200.00 . - 35,200.00 911010 TRANSFER TO ROAD & BRIDGE 1,200.00 1,200.00 . 930600 TRANSFER TO PROPERTY APPRAISER 1,100.00 521.96 578.04 930700 TRANSFER TO TAX COLLECTOR 2,300.00 2,251.99 48.01 TRANSFER SUMMARY 4,600.00 3,973.95 - 626.05 FUND TOTAL 132,532.50 17,781.73 51,573.84 63,176.93 Ul:~:~ted 1/13,'98. 9:23 AM JAN 2 7 1998 LELY BEAUTIFICATION M.S.T. II. Fund 152-162541 Revenue Budget Status January 1998 OBJECT CODE LAST YEAR EST REV REV REC'D REVENUE TITLE 96/97 97/98 97/98 311100 489200 4899O0 g89080 CURRENT AD VALOREM TAXES CARRY FOREWARD - GENERAL NEGATIVE 5% OF ESTIMATED REVENUE INTEREST- SBA REVENUE SUM MAR'-~----~ 98,700.00 101,800.00 75,098.93 31,700.00 33,900.00 (S,O00.O0)(SJO0.O0) 500.00 1,g00.00 756,41 Updated 1/13/98, 9'.23 AM JAN 2 7 Lq.q8 / ,1 ~'--$ _ ~ LELY BEAUTIFICATION M.$.T.U. Fund 152-162541 Revenue Budget Status January 1998 VENDOR A Action Mulch of SW Florida Advanced Lawn & Lanscaping Porous Pipe Irrigation Systems Cabana Construction Co., Inc. (Jack & Bore. St. Andrews Blvd) PO AMT OPENED $ 3,309.00 10/15/97 $ 29,093,60 10~3/97 $ 2,000.00 11110/97 $ 7,500.00 ~ CLOSED JAN 2 ? 1998 Updated 1/13/96, 9:23 AM MSTU budget 97-M.xls-Le~ 634999 EXECUT1VESUMMARY GRANT OF EASEMENT TO FLORIDA POWER & LIGHT COMPANY UPON REAL PROPERTY OWNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. ~.~: Grant of Easement to Florida Power & Light Company upon real property owned by Board of County Commissioners of Collier County, Florida. CONSIDERATION: PrimeCo Personal Communications, L.P., a Delaware Umited Partnership ("PSC") currently leases County-owned property located at the North County Regional Wastewater Treatment Facility for the purpose of installing and operating a one hundred fifty (150) foot above ground monopole communications tower. PSC requires the installation of utility facilities (electrical service) to benefit their leasehold. Due to existing underground piping located on the leasehold, an alternate site had to be selected for the installation of the required utility facilities. It is being proposed that an alternate easement located on County property, Veterans Park located East of the leasehold, will provide the needed utility services. In order for Florida Power & Light Company to install the required utility facilities, an Easement ten (10) foot in width, must be conveyed by the owner of the property, Board of County Commissioners of Collier County, Florida, to Florida Power & Ught Company. The Board of County Commissioners of Collier County, Florida and PSC entered into a ground lease agreement ("Lease Agreement") on August 26, 1997. The Lease Agreement will expire on August 26, 2012, unless otherwise extended as provided for in the Lease Agreement. Staff recommends that upon termination or expiration of the Lease Agreement, should electric services no longer be needed at the leased area, PSC shall be responsible to pay any and all expenses for the removal and/or relocation of all utility facilities placed, installed or required at the leasehold, which would include any improvements in the subject easement area. Florida Power & Light Company estimates the removal cost of the electrical facilities to be approximately S10,000. PSC is agreeable to staff's recommendation and has agreed to execute an Amendment to Lease, which would incorporate the easement area into the Leased Area. In addition, upon removal of all electrical facilities from the Leased Area by Florida Power & Ught Company, this Easement will terminate and a Vacation of Easement will be recorded in the Public Records of Collier County, Florida. FISCAl,. IMPACT: None GROWTH MANAGEMENT: None REC~)MMENDATIQN.: That the Board of County Commissioners: 1. Approve the Easement to Flodda Power & Light Company to install utility facilities to benefit the PSC leasehold (a sketch of the easement is attached for your review); 2. Authorize staff to prepare an Amendment to Lease between Collier County and PSC which will provide for PSC to be responsible to pay for any and all expenses for the removal and/or relocation of all utility facilities placed, installed or required at the leasehold or easement area; and 3. Authorize its Chairman to execute the attached Easement to Florida Power & Ught Company and execute the Amendment to Lease upon approval of the document by ~e County Attorney's Office. To¥~-A.'l~o-'~'t, Spe~ia~t~t, Rial P-r~-perty Management Department (j/James Fitzek, Fiscal Analyst,-F~nchise Administration c'J'ean Merrttt, Manager, Franchise Administration ThomasV~.-611iff,--';"A~;trator, Public Services Administration JAN 2 7 5312-1 Work Onler No. ~ Parcel I.D. ! 00166840007 acd by Coua~y Name:. I .snrle ~id~y ~u~bi~u~l~, in. comi_.deruio.n of the I~ .y~em of $1.00 ~xl other good ~ v~.uanm..co~.~eranon,, me a~e_~_~xl r~ceip~ of which is hereby ~xaow~, ~ ~ ~ive. lo Florida Power &_Li~l Compamy, its liceusees, ~ents: .succ~u~.., ~x~ mi/m, sa ¢~emem forever for ~he construcdon, ~ ~ msm~e of overhead sad uaderl;rou~ electric utili~' f~cilitics .(iz~_l..u~i~..~u~s: poles, guys, c~bl~, condu, its ~d apl:mncrant equipment) to be _ ,m~meo .n'om tur~ ~. time; with the ri~t to reco~truct, improve, ~dd to, ~u~r~e, c.~n~e the volt~ge, u well a*, the size of ~xl r~move such f~cilitics or · ny of them wiihia sa eueme~t 10 f~t ia width de. scribed u follows: See legal descripticn described on I~d~Lbit "A", attached hereto and made a part hereof. To~ether with ~ right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable a~ ~l~t,,w. i??_.~_,?.e._~_,m_e_nt..a~_d, to?per, a.te me. ,un.e for cp .m~. unicatio~ purposes; the righ! of ingress and el~res, to said premiss a, ~.'_~_--i;'_~ "~.t so cra. ar me. i~n.o ~ma ~ce.p I.t cle~'ea.ot mi tr~es, ur,xlergrowth and other obstructions withm the easement area; to .uuu ~ cuc.ana K..e~ trtmmeo ~ cut mi oeaa_, we~k, ]e~nin~ or dangerous trees or limbs outiide of the ea*ement area which might m~r~ere wire or f~h upon the lines or systems of communications or power tr&nsmis$ion or distribution; and further gra~ts, ~o the fullest ~t th~ u~dcr~i~d I~u the power to grant, if at sll, the righ~ herein~bove gr~nt~ on the lu~d heretofore described, over, along. uad~r sad ~'oss ib~ ro~ds, streets or highways adjoirfing or through said property. IN WITNESS WHEREOF, the undersigned has si~ed mx] sealed this insu'ument on , 19. ~d of County O:mnissicners ' ' se~ ~ d~livered o~ Collier County. F!o, rtda presence of: (c6rP°rale s ~ame) (Witncss' $iinaturc) (Wimess) Print Name By: Print N~me: l~rl-~ra B. Berry, Chatrrran Print Address: 3301 E. Tand. amt Trail Naples, FL 34112 Print Nsm¢ (Wimeu' $ii;n,tturc) (Wimeu) Appro. ved as to fjara A legal sufftctenc '-A$ 'isilant Covnt ttoF t[ ~A~ OF AND COU~ OF ~f~ ~ ~. ~y of ,19 . pr~u N~me: E~lght E. Brock, Clerk Print Address: 3301 E. Tam/ami Trail Naples, FL 34112 (Corporate Seal) req)ectively the · The foregoing in~t.mmcnt wa, acknowledged , and corporation, who are person~Ily known to me or have produced My CommJ~ic~ Ex~: President and Secretary of , a corporation, on behalf of said a* identification, a.nd who did (did not) take tn oath. (Type of Identirradon) Nom-), Public, Sif, natm-e Print N~me JAN Z 7 1998 EXHIBIT 'A' P~G~ 1 C~ 2 for' PCS/PrirMco LP. Site .' N. County Treatment Faclty ,I,63001 C~ier County, Florida DESORIFTiON OF PROPOSED ELECTRIC UTiLrf7 EASEMENT A PARCEL C~ LAND 10.00 I~ET W1D[ LYING IN THE NORTH I/2 C)¢ S£CTION 27. TOWNSHIP 48 SOUTH. RANG[ 25 [.~T AND THE NORTHWEST 1/4 Of' SECTION 26, TOWI~HIP 48 SOUTH, RN~GE 25 EAST, COL- U£R COUNTY, FLORID~ TH[ CENT[RUNE Of' ~ND PARC;FL BEING LOWS: COMMENCING AT A CONCRETE MONUMENT AT THE EAST 1/4 CORNER Of' ~NO SECTION 27; 31-1£NCE N 0<7 2?'0Z'W. ALONG I~E EAST LINE Of' THE N.E. 1/4 Of' ~AJD SECTION 27, 540.65 FEET' THENCE S B~"32' 5~'W., 24,07 Ir[ET TO THE POINT OF' BEGINNING OF' .~ND PARCEL LYING $,00 ~ ~ E:ITHER Si~E Of' THE IrOt. LOWING DESCRIBED CENT[RUNE; THENCE: N.44'32'58"r., 41.12 FEET; I'HE:NCE: N,OO'27'02'W, ALONG A UNE PARALLEL VVlTH AND 5.00 r~:ET E.A~-l--r.~¥ OF THE: r. AST LINE SECTION 27, 744.51 rED TO TH[ POINT Of' T~:RMINATION. CONTNNING ?,856 SQUARE FEET OR 0.lB ACRES MORE; OR LESS. MORGAN &: EKLUND, INC. ~/GE 2 cr 2 10' UTLJTY EASEMENT SKETCH SCALE - 1" ~ 40' PARENT TRA CT ...I IMPROVEMENTS NOT LOCATED ~ , PARENT TRA CT IMPROVEMENTS NOT LOCATED for' PCS/Prineco l_P. ,/ Site: N. County Treatment Faclty ~i~3OO1 Colier County, Flortds. ' -" " ,c~ ~42o sun~ 203 52~.JJ W&S~SC). ti. 33t?0 KCRt'CLD iC,~.,, ltl 33441 r~x (51~) ~ll-3tis . r~x. (t~4) 42~-o4s~ 12/I/97 Agenci~ . JAN 2 7 1.~98 EXECUTIVI~ SUMMARY APPROVE BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD FROM FY 9'/AND GRANT REVENUF~ FOR CAPITAL PROJECTS IN THE PARKS CAPITAL FUNDS (~06, M~, 36~, & 368). YE: To obtain BCC approval of budg~ arn~ndm=au ~ will allow ~ funds budgeted for Parks proj~U tn b~ carri~ forward and r~-a~:rpropriat~ in the FY 98 budget, and to r~-appropria~ FI)CA (Florida I)cpartnx~ of Community Affairs) gram r~vcnue for Sugdcn R~onal Park. {:ONSIDERATIONS: Funds ~ appropriated in FY 97 for multiple Park proje~'ts. Sta~'was unable to oncumbcr all ~lz appropriated funds bcfor~ the ~ of thc ~cal year. ~ funds ar~ still ~ to complc~ th~ approv~ projects. In ~ddition, $730,000 in FDCA (Florida D~~ of Communi~ Affa4-s) g~Ant r~nu~s for tlz Sugck:n Rel;ional Park project ~ a=i~ but not r~,~iv~ in FY 97. ~ funds will b~ r~-appropriaI~ in the Parks Coos~c~ Fund (306) for FY 98, r~-uking in a ~-t incr~s¢ to the fund of $461,102. Also, in the same fund (306), Sl0,000 was budg~xi in FY 97 for the Blucbill Av~. Off-Site Parking Project (80095). Though no ~pondiiur~ ~ for~.ast, S7,$31 was actually ~ on in-house preliminary d~ign work p~t'ormed by OCPM. In FY 98, Sl,640 is ~ for ~ OCPM f~s. FISCAL IMPACT: Appropriation of positive carry forward variances is r~iue~'ted for tl~ Parks Capital Funds (306, 345, 365, 368) in accordance with the attached carry for~rd analyses on pages 2-5. Total projoct and r~serv~ funding rcque~ is as follows: FUND Parks Construction (306) Proj~:t/Rev~nu¢ Carry Forv,~rd $ 66,346 Bluebili Park Project (80095) S 1,640 DCA Grant for Sugdcn Park $ 0 Sub'~l (Fund 306): $ 67,986 ~iona] Parks Impact F~ (345~ $ 392 ica] __: Pk. Im_. F .... 3.65 $ 62,480 I r a F 368 $ 56.640_ TotaJ: $187,498 PROJECTS RES ER ~ TOTAL (335,244) $ (268,898) (1,64o) $ o 730.000 393,116 $ 461,102 237,004 $ 237,396 10,233 S 72,713 $ 2o.oss 903,768 $1,091,266 GROWTH MANAGEMENT IMPACT_: Impact fc~ fund~l proj~'ts ar~ included in thc C-row'th Manag~ Plan. RECOMMENDATIONS: That thc BCC approvWauthoriz~ thc nec_~sary buclgct ~ to (1) carry forward FY 97 un~xkxi funds into FY 98, (2) r~z~ grant revenue and (3) authoriz~ $1,640 in additional funding for thc Blucbill Av~. Off-Sit~ Parking Project (80095) in thc Parks Capital Funds (306, 345, 365, & 368). PREPARED BY: ~.~-~~ /Sf~'on Nc'wman, Accounting T~rdcian · Adol off, f,. ~¢z, p.E.~.'rect~r Office of REVIEWED BY: ~ Marla Rarnsey, Director / Parks and Recreation Public Services DATE: I~o~c'r EXPF.~S£ Addido~a! Carry Fo~'ard Fund 306 tt 10016 PKELIMINARY CARRY FORWARD ANAYSIS Description Nm'~h N~ples FYg? Amcndo:! Y'I'D I~ Forcc~'t Encumb Expenses (Dcci~sc) t.200 t3.4'r7 (S.277) 210 (210) 1.000 ~14 160.000 REVENUE Tramr~ from O0 I Trat~f~r from 519 Carry Fonrard Ir~r~/Mi~ Fees Revenue Rc~r',,e Total Rcv~ue TOTAL CARRY FORWARD VARIANCE 144.500 144.~00 ' 730.000 ,~9.43~ (1'/0.562) 20.1(X} ('20.100) 1,597,500 !,597,483 (17) 476,300 141.254 O35.046! 11151981:18 PM I)g, , ~ G?O~ _ Fund 345 Fund 345 Pa-ts Ds~ Fees PRELIM[NARY CARRY FORWAJ[D ANAY$IS PRJ FYi7 Amended YTD iocru~e REVENUE Inlemst/M'm¢ Fees Rev~'v~ Rese~e Total Rev~ue i.07S,000 1.128.4,.~6 :~3.456 ]o.ooo . (~o.ooo) 6~,~)o 1CX),6'75 33.~7s 2,27~.400 2.3~2.6'25 REVENUE LESS EXPENSES ADDITIONAL CARRY FORWARD BdO o~ JAN 2 7 soon Fund 368 Additional Can7 For,ward Fund 368 Parks User Fees I'RELIMINARY CARRY FORWARD ANAY$I$ P~ # Ik~'fiption FY97 Amended YTD lncrca~ Fo==~ Eacumb ~ ~) 9%000 . 37.~4 59,4 214,400 . 243.231 41,162 41,1 O0 341 47,744 ~3oo ~.470 ' ~3~ (4~) ~,~ %~o ~7.o~, I~ 52 4~ ' ~L,~ .,6~o 2~5,7s? o,,o~ :~: ............. ~..~e~ ..-.?-: ~:?~?~4. :::., : ::::.:~h~..~' ... . ,, ..... ,;.; -T;~---, 1,~50,2~ llk~l 1,420,~? ! 11.411 REVENUE Impact Fees Grant r,/C o~Y,~butions Cany Forward ~ Fees Revenue Res~ve 'reid Revenue REVENUE LESS EXPENSES 2,:X:)C),O00 2,406,025 3,788.000 3,787,960 (40 200.000 302.599 1OL~9~ · Fund 365 Adctitional Carry Forward Fund 365 P~rks Us~r Fees I~;'! rM3NARY CARRY FORWARD ANAYSI$ FYg'/ PRJ Amended YTD Incrca~ # Description Foro::ast Encumb Exl~nSes (E)ecrca.~) 3,"/~0 3,663 37 ~.000 · 3.663 62,337 I(X)60 To~ P.o~b~Sh Imp~t F~s Carry Forward ToUJ Revenue R.EVENT. rE LESS EXPENSES 6.000 15.162 9,162 ST.SO0 57.522 22 2.500 3,692 1,192 ~.000 76,376 10.376 72.713 -'- Agenda' ,l%em JAN 2 EXECUTIVE SUMMARY LINE ITEM TRANSFER REQUEST FROM GULF BAY MARINE MANAGEMENT, INC. FOR TARPON FISHING TOURNAMENT, TOURIST DEVELOPMENT FUNDS, SPECIAL EVENTS OIMECTIVE: To approve a line item transfer request from Gulf Bay Marine Management, Inc. for a Tarpon Fishing Tournament, Tourist Development funds, Special Events. CONSIDERATIONS: Cuff.Bay Marine Management, Inc. has requesl~cl some line item changes to the $50,000 allocated for the Tarpon Fishing Tournament because of increased donations in both television and print advertising and lack of donations in radio advertising and graphic, artwork and printing. Requested changes: Advertising, layout, graphics & artwork Original Budget Requested Budget $ 1,000 $ 6,500 Radio advertising 9,000 21,000 Print advertising 20,000 15,000 Television advertising 20,000 7,500 The requested line item changes will be reviewed by Tourist Development Council at the January 26, 1998 meeting. FISCAL IMI'ACT: Transfer requests do not exceed the original $50,000 allocation in the Tourist Development, Special Events Fund (193 101541). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Board of County Commissioners approve line item changes and ~thorize Chairman to sign contract amendment reflecting the changes. Prepared by: ~ ~ Date: ~/~'~ Reviewedby: fvT~-t'4~ ~ Date: t'''2t' "' 1~''~' /" ~ Michael Smykowski, OMB D/reaor J~,~ ;. ~ 1 .... vs. /- GULF BA Y MAPdt~ MANA G~ INC 17O ,~OiJTH NA Y DR, NAPI.F.X FL 34105 (O4 U $07-~0~3 Tourist Development Council Attn: Jean Gamel Office of Management & Budget As per our phone conversation I have enclosed a new budget for the Silver Slam Tarpon Tournament. As I told you we have had to realign our budget because of increased donations in both Television and print advertising and the lack of donations in Radio advertising and Graphics, artwork and printing. I have enclosed the following Exh~it B to reflect the changes. It is my understanding that the TDC Board approval is required. Please let me know ifI need to appear at the meeting. Sincerely, Capt.~aul I~ey IAGENDA ITEM , I~o. /~Z'/ EXHIBIT "B" BUDGET Advertising layout, graphics, artwork and printing' Radio advertising' Print advertising' Television advertising' $ 6,500.00 $21,000.00 $15,000.00 $ 7,500.00 $50,000.00 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF BAY MARINE MANAGEMENT, INC. REGARDING A TARPON l ISHING TOURNAMENT of~, by THIS AGREEMENT, is made and entered into this .~..~'-~y 1997, and between Gulf Bay Marine Managcrncat, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Colli~ County, a political subdivision of the State of Florida, rcfcrrod to as 'COUNTY." WHEREAS, thc COUNTY has adopte, xl a Tourist Development Plan facr~inaft~ to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collicr County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRAHTEE has applied to the Tourist Development Tax Council and ~¢ ' County to use Tourist Development Tax funds for a tarpon fishing tournament scheduled for May, 1998 (the "Event"); and WHEREAS, the COI.II'CrY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTU~LY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of the Event. The date(s) of the Event may not bc changed without an amendment to this Agreement as provided in Section 15. 2. .P_.~i~I~: The amount to paid under this Agreement shall be Fifty Thousand Dollars ($50,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for thc promotion and advertising expenses as described in S~tion 2 upon submittal of an invoice and upon v,~-ification that the scrvi invoice are complct~ or that goods have been r~c¢ived. GRANTEE shall determine that thc goods and s~'viccs have b~-n prl shall submit invoices to thc County Manager or his design~. Thc Cou~ :cs d~ designee shall determine that the invoice payments arc authorized and the goods or services covered by such invoice have bccrl provided or performed in accordance with such authorization. Thc linc itcrn budsct attached as Exhibit 'A' shall constitute authorization of thc cxpenditurc described in thc invoices provided that such expenditure is made in a~cordancc with this AgrccmenL Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall bc supported by copies of corresponding vendor invoices and proof' of receipt of' Soods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have bccn paid for work and materials from previous payments received prior to receipt of any further payments. Thc COUNTY shall not pay GRANTEE until the Clerk of thc Board of County Commissioners pre-audits payment invoices in accordance with thc law. GRANTEE shall bc paid for its actual cost not to exceed the total amount for various linc itcrns and up to the maximum amount budgeted pursuant to the Attached "Ex~.ibit A." .Thc amounts applicable to the various line items of Exhibit 'A," subject to thc maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any linc itcrn must bc authorized by thc County Manager or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 2 will bc paid by COUNTY. Any expenditures paid by COUNTY which arc later deemed to be ineligible expenditures shall bc repaid to COtYN'rY wi~in 30 days of COUNTY's written rextuest to repay said funcLs. COUNTY ma)' rcquest rcpayrnent of funds for a pc-riM of up to one year after termination of this Agreement or any extension or renewal thereof. 4. II:~.I.I]~.C~: GRANTEE is required to submit a Ccrti£catc oi' Insurance naming Collicr County, and its Board of County Cornrnissioncrs and thc Tourist Development Council as additionally insured. Thc certificate must bc valid for thc duration of this Agreement, and bc issued by a company licensed in thc State of' Florida, and provide C. ven~ Liability Insurance for no less than thc following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person AGENDA ITI~M~, WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his designee within ten days of execution of this Alp'~'ment by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement uniaq the Certificate of Insurance has been r~ceived by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly re-ports on the duties performed and service provided by GKA.NTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GKANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 2. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or - vendors. GRANTEE agrees to disclose any relationship between GR.A3qTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. ?. INDEMNI]:ICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of' this Agreement or work performed thereunder. This provision shall also perta/n to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agrc~-ment price as shown in th GRANTEE's limit of, or lack of, sufficient insurance protection. 8.' NONCES: All notices from the COUNTY to the GRANTEE ahall be in writing and dccrncd duly served if mailed by registered or certified mail to the GRANTEE at the following address: Paul Harvey, Vice President Gulf Bay Marine Management, Inc. 179 Southbay Drive Napl~, Flori~ 34108 All notices from thc GRANTEE to the COUNTY shall be in writing and deemed duly scrvcd if mailed by registered or certified mail to thc COUNTY to: County Marng~r S~.~nd Floor, Administration Building 3301 Tamiami Trail East Napl~s, Florida 34112 completed promotion and advertising of the event or activity wcrc sufficient tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to mai accurate accounting records and keep tourism funds in a separate checking a~ The GRANTEE and thc COLrNTY may change thc above mailing address at any time upon giving thc other party written notification pursuant to this Section. 9. NO PARTN'ERSI-H*P: Nothing herein contained shall bc construed as creating a partncrs~p between thc COUNTY ~nd thc GRANTEE, or its vendor or subcontractor, or to constitute thc GRANTEE, or its vendor or subcontractor, as an agent or crnp]oycc of thc COUNTY. 10. TERMINATION: The COUNTY or thc GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying.thc effective date of t~mination. If thc COUNTY t~,ainatcs this Agr~-mcnt, the COUNTY will pay the GRAN'IZE for all cx'pcncliturcs incurred, or contractual obligation~ incurrccl with subcontractors and vendors, by GRANTEE up to thc effective date of the t~udaation so long a~ such expenses arc eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE dali pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless thc Board of County Commissioners determines that the tt related to the Agreement should be recorded, md all expenditures must be incurred within the texm of this Agreement. 12. ~AVAILABVL1TY O1: RECORDS: GRANTEE shall maintain record~ books, documents, papers and financial information pertaining to work performed under this Agree- menl. GRANTEE agr~ that the COUNTY, or any of its duly authorized representatives, shall, until the expLrafion of three (3) years after final payment under this Agreement, have access to, and the right to examLue and photocopy any pertinent books, documents, papers, and records of GRANTBB involving transactions related to tiffs Agreement. 13. ~ROHIBITION OF ASSIGNMENT: GRANTBE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. 2~BtLM: effective for one year. This Agreement shall become effective May 13, 1997 and shall remain The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and thc COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by G~E during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOUPdSM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaL, fing how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Manager or his designee withha sixty (60) days of the date of the event]. 16. BEO_UIREDNOTATION: Ail promotional Literature and media advertising must prominently List Collier County as one of the sponsors. 17. ~M'ENTS: This Agreement may only be amendecl by mutual agreement of the parties and at~er recommendation by the Tourist Development Council. Ilq WITNESS WHEREOF, the GRANTEE and COLrNTY have each respectively, by an Pg..g ATTEST: BOARD OF COUNTY CO~SSIONERS · DWIGHT E. BROCK, Clcu'k COLL]~,,,]~OUNTY, FLOKIDA :~.!. -/ .:%..',.!. ~ TIMOTHYL. HANCOCK~ ,.. ,...,,. ,...: ~_~/~/ ~'~..., .,,.. ,: .,...: "F,., ' .... ' ' ,,. '-. WITNESSF..S: GKANTEE GULF BAY MAKINE MANAGEMHNT, INC. By: (corporate ~!) Approved as to form and legal suffici~cy Assist~t County Attorncy f:~l ~/TDC A~ls~_mlf Bay Mm'in~ AGENDA ITF_~I. ~...~. ~:_(.t JAN EXH~IT "A" Advcrtising. layout, grephics & e~-work P.,edio ~Ivatising Print Advatising Tclcvision advcrtising To~ BUDGET $ 1,000 9,000 20,000 $50,000 BOARD OF COUNTY COMA~SSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 27, 1998 FOR BOARD ACTION: 1. lvfISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Minu~es: A. Marco Island Beach Renourishment Advisory Committee - December 3, 1997 minutes. Referred to BCC. B. Environmental Policy Technical Advisory Board - January 12, 1998 agenda. Referred to BCC. C. Planning Commission - November 20, 25 and December 4, 1997 minutes and agenda of January 8, 1998. Referred to BCC. AGENI~A J:TEM NC) .,~ .lAN 2 ? 998 Pg. EXECUTIVE SUMI~RY R~COMM]I~rD THAT THE BOARD OF COUNTY COMMISSION~RS EXECUTE THE PREVIOUSLY A/:PROVED STATE OF FLORIDA, DEPARTM~ITTOF C0~IINITYAFFAIRS, STOP VIOLENCE AGAINST W0M~NGRANTDO~SANDAPPROVETH~ R~LATED BUDGET AM~NDM]INT. OBJECTIVE~ To obtain the Collier County Commission's signature on the agreement documents from the State of Florida, Department of Community Affairs, STOP Violence Against Women Grant and approve the related budget amendment. ~ONSIDERATION~ On April 22, 1997, the Collier County Commission endorsed the Sheriff's Office grant application for funding from the State of Florida, STOP Violence Against Women Grants Program. On August 29, 1997, the Sheriff's Office was awarded the STOP Violence Against Women grant fro~ the Violence Against Women Grants Office (VAWGO), Governor's Task Force on Domestic and Sexual Violence, Department of Community Affairs (DCA). On January 8, 1998, the State of Florida, Department of C~,unity Affairs issued the agreements. Both original copies of the agreement need to be signed and the related budget amendment needs to be approved. FISCAL I/~PA~T~ Seventy five percent (75% or $173,400.00) awarded by State and twenty five percent (25% or $57,800.00) local matching funds from additional confiscated property revenue Fund 602-611010-351200 and transferred to Sheriff's Grant Fund 115-92902-91115. GROWTH IM~ACT~ Additional grant funding is being sought for subsequent years. If additional grant funds are not available, these positions could be absorbed into vacancies within the investigations division or additional funding would be sought for FY 98/99 for $65,000. If continued funding is not received, the program would be evaluated and included in subsequent years CCSO budget request based upon available budget dollars. RECOMMENDATION~ That the Collier County Commission sign the State of Florida, Department of Community Affairs, STOP Violence Against Women grant agreement documents and approve the related budget amendment. APPROVED BY: DATE; ~tor ~ff Januarv 14, 1998 AG£f',DA ~TE~I ~ ITEM NO: FILE NO.: ROUTED TO= DO ~;T WRITE ABOVE T~$ SPACE ~ ~, .... FOR LEC~L S~VICES (Please type oF print) Date: _January 14, 1998 To: Office of the County Attorney, Attention: Thomas Palmer. Esq. From: Crystal K. Kinzel 0~/ ,., Finance Director (Name) ~' ~ (Title} Re: Sheriff's Office (Division) STOP Violence A~ainst Women Grant (Sub~ eot) Finance Division (Dep&rl:Nnt } (If pz'~ie~,mly eubauLtted, p~o~ide ¢cn3nty Attorney's Offi~ file ~r.) ACTION REQUESTED: {h very specific. Identify exactly ~t ~ need in the way of legal services. } Legal approval of request. BACKGROUND OF REQUEST/PROBLEM: (Describe probleu and give J~ckg-round irL~ormation - ~ ec, ecific, ~c.,ncise. ~ ar~'c/culate). The Sheriff's Office has been awarded a STOP Violence Against Women Grant TOP). On April 22, 1997 the BCC approved Agenda Item 11A approving the :riff's application. On January 8, 1998 the Department of Con~nunity Affairs issued the STOP agreement documents that need to be executed by the Commission. Pursuant to Section 932.7055 (4)(a),F.S., the Sheriff's Office is requesting approval by the Board for a Fund 602 budget amendment to support this Federal Grant match. (Are there doc~ments or other l~ormation needed to review t~Le matter? Xf yea, attach and reference th4e THTS XTE~ HAS/~ BEE~ ~XVZO~SLY S~BXITT~. I~ COMMXKTS: CC: Don Hunter. Sheriff or C~mci~uti~l Officer.) jh/a: 1 eS=3 Florida STOP Violence Against Women Grant Program Prevennon o/Domestic and Sexual kTolence Section. Department of Community ,4flairs J. Signature Page Contract Number: In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and undemmnd the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections includin[{ strikeover$, whlteouts, etc.. on this pa,~e are not acceptable. State of Florida Prevention of Domestic and Sexual Violence Section Department of Community Affairs By; Type Name and Title: Date: Rosa Morgan. Chief of the Bureau of Community Assistance Subgrant Recipient Authorizing Officer Type Name and Title: Date: FEID Number: Barbara S. Berry, Chairwoman, Collier County Co~mission January 27, 1998 59-6000-558 Implementing Entity Officer. Administrator or Designated Representative (if different fi.om above) BY:~n Type Name and Ti'i'[e: m:~r Hu~ter, Sheri f~ Date: January 14, 1998 ' Grant Agreement $¢ctton 11.19 Florida glOP Violence Againct Women Grant Program Prevention of Domestic and Sexual Violence Section. Department of Community Affairs J. Signatur~ Page Contract Number: In witness whereof, the parties affirm they each have read and a.tree to conditions set forth in this agreement, have read and under~tand the agreement in it~ entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections includin[{ strilceovers, whiteouts, etc.. on this ea,~e are not acceptable. State of Florida Prevention of Domerdc and Sexual Violence Section Department of Community Affair~ By: Type Name and Title: Rosa Morgan. Chief of the Bureau of Communi .ty Assistance Date: Subgrant Recipient Authorizing Officer By: Type Name and Title: Barbara B. Barry, Chairvoman, Collier County Cc~mission Date: FEID Number: January 27, 1998 59-6000-558 Implementing Entity Officer, Administrator or Designated Representative (ii' different fi.om above) Date: January 14, 1998 Subg~ant Package A~ a~ ~ form Jt~Z~taztt ~xu:tI Attor~I $~tctton II. 19 Florida STOP V~olence Again.fl Women Grant Program Prevention of Domestic and Sexual Violence ~ection, Department of Community Affairs EEO Certification Letter - Sublrant Recipient Shells Hanldns-$arreu. Planning Manager Preveniion of Domestic & Sexual Violence Section Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard T~llahassee, Florida 32399-2100 RE: Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrant Recipient Dear Ms. Hankins-Jarrert: i. the undersigned authorized official, certify, that according to Section 501 of the Omnib~ Crime Control and Safe Street~ Act of 1968 as amended, that [ have read the Act criteria s~t forth in the Suberanr Application Package Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a writ'ten EEO Program relating to employment practices affecting minority persons and women, i also affirm that the subgrant recipient. · · (,Initial o,e or'the following): ~ Does meet Act Criteria and does have a current EEO Program Plan ... Does meet Act Criteria and does not have a current EEO Program Plan Does not meet Act Criteria. l further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program. :ederai law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: TypeName and Title:. Barbara B. Berry, Chairvcxnan By:_ Date: January' 27, 1998 To meet Act criteria, a subgrantee must meet all three of the following conditions: Employs fifty (50) or more employees; and Receives federal funds of at least $25.000; and Has a service population with a minority representation of three (3) percent or more. Name of Subgrantee Organization: Collier Count. y Approved a~ W for~ ~e~al ~ulfici~no7 £~0 etntltcan~/.~er Florida STOP Wolence Against Women Grant Program Prevention of Domestic and Sexual Violence Section, Department of Community Affairs EEO Certiflention Letter - Subgrant Recipient Shelia Hankias-J~ Planning Manager Prevention of Domestic & Sexual Violence Section Bureau of Community Assistance Depanmeat of Community Affairs 2.555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrant Recipient Dear Ms. Harddr~-J~ett: I, the undersigned authorized official, certify that according to Section .~01 of the Omnibus Crime Control and Safe Streets Mct of 1968 as amended, that I have read the Act criteria set forth in the Sub?ant Application Package Instructions. I understand that if the subgrant recipient meets these criteria, it mus~ formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient... (Initial one of the following): X Does meet Act Criteria and does have a current EEO Program Plan Does meet Act Criteria and does not have a current EEO Program Plan Does not meet Act Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program. :ederal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title:. Barbara B. Barry, Chairwoman By: Date: January 27, 1998 To meet Act criteria, a subgrantee must meet all three of the following conditions: Employs fifty (50) or more employees; and Receives federal funds of at least $25,000; and Has a service population with a minority representation of three (3) percent or more. Name of Subgrantee Organization:s__Co]2.,ter, _Cogr~y ~o?tniaa.ton _ ,. .~ubgrant lactate 3t.a~taat ~,au~:t7 Attora~r EEO Ceno~canon l. ener