Agenda 01/13/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
January 13, 1998
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR ~R/O]~ 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 UIVDER ~PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBATIm! RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LfMITED TO FIVE ($) MINUTES UNLESS
PER~,I1SSION FOR ADDITIONAL TIME IS GRANTED BY THE CRAXRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING I~IP~D ARE AVAIl. ABLE IN THE
COUNTY COM~HSSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.I~L
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INVOCATION - Father Tim Nar'in - St. Peter's Catholic Church
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) A proclamation prm:laimlng the week of January 19.25, 1998 u Dr. Marlin Luther
King, Jr. Week. To be accepted by Lorenzo Williams, President of the Collier
County Branch of the National Association for the Advnnceraent of Colored People.
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January 13, 1995
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4)
Proclamation proclaimln~ January 11-17, 1998 as Stop! Red L/gM Runnlng Week.
To be accepted by £d~vard Kant, Chaiman of Collier Count), Communlty Traffic
Safcty Tcam.
Proclamation proclaiming the week of January 12, 1998 as Collier County Safe
Boating Week. To be accepted by Mr. Lee Lyon, President of Marine Industric-J
Association of ~orida and Mr. Ed Ferreira, President of Marine Indus'tries
Association of Collier County.
Proclamation proclaiming the week of January 11-17, 1998 as Purple Martin
Week. To be accepted by Joseph Darragh, President of Conservancy Purple
Martin Society.
SERVICE AWARDS
I) Ke~n Hendricks. Real Property - 10 years
2) Juan Ortega - EMS - I0 years
3) Valerle Thorsen - EMS - I0 years
4) John Noonan - Wastewater. S years
s)
6)
Eugene Troutman - Road & Bridge - S years
Robert Z.~tempowski - Parks & Recreation. $ years
PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
B.
D.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
PUBLIC WORKS
I)
Accept staff recommendations pertaining to the Jail Committee and Initiate funding
actions necessary to implement the recommendations in the update of the
lntcgrath~e Corrections Strate~c Development Plan.
PUBLIC SERVICES
SUPPORT SERVICES
1)
Adopt a Resolution for Special Risk for Emergency Medical Technicians (EMT's)
and Paramedics.
F.. COUNTY ADMINISTRATOR
Sanuavy 13. I~
~4 GEND~4 CH~4NGE$
BO.4RD OF COUNTY COMMISSIONERS' MEETING
J,,INU,4RY 15, 19911
ADD: ITEM 10(B) - Resolution requesting dialogue between the Immokalee farmworkers and '
growers. (Commissioner MacKie).
P..R OCLAMA TION
WItF. RF. AS,
WHEREAS,
the Congress of the United Stat~ of America hat designated the birthday of Dr.
Martin Luther King, ,Ir. az a national holiday: and
the President of the United States signed legislation authorizing Dr. King's
birthday ar a national holiday with observances to commence on January 19th
ofi998; and
Dr. Martin Luther King, Jr. received national and international recognition for
his stirring struggle against injustice and his leadership In espousing
brotherhood, self-discipline, and non.violence; and
the Collier County Branch of the l~'attonal.4ssociation for the Advancement of
Colored People (3f.4~CP) will hold a commemorative celebration of Dr. King
birthday by zponsoring the Martin Luther King, Jr. Day Parade on Monday,
January 19, 1998 honortng hi~ lifelong efforts to achieve freedom for all.
NOW THEREFORE, be it proclaimed by the Board of County Commt~rtoners of Colller
County, Flortda, that the week of January 19- 25, 1998 be deslgnated az
DR. MAR TI2V L f, ITHER IH3I'G, JR, I~EF~
In Collier County, Flortda and urge all citizens to retntmber Dr. King '~
outstanding accomplizhtnent$ by parttclpatfng In commemorative celebrations to
be hem during Dr. Martin Lutb, er King, Jr. ~eek.
DONE AND ORDERED THIS lSth Day of January, 1998.
BO/I~) OF COU3tT'Y C030,tlSSlO3ff~.
COLLIEI~ ¢0t)31~, FLORIDA
AGEflDA_ITEH
~o._ ~.~.
JAN 1 3 1 98
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PROC£~MA TIOiV
disregarding traj~c control devtces is a leading cause of urban crashes,
representing 22 percent of the total number of crashes according to Information
from the Insurance Institute for Highway Safety, and has an estimated economic
impact of $7 billion based on data from the U.S. Department of Trat~portation:
and
red light running costs in the State of Florida in 1996 were estimated at $3 79
million in economic loss which included medical costs, time off work, insurance
hikes, property damage, and so forth; and
WHERE~S,
red light running violations (F.S. Chapter $16.074) in the state for 1996 resulted
in 11,661 crashes causing 16,260 personal injuries; and
railroad grade crossing crashes in Florida have increased from 95 In 1995 to
102 in 1996; and
WHERE.,
stopping red light running and its economic and personal losses is totally within
the control of drivers; and
rIqtERF. AS,
stopping red light running ts both a State and County priority to reduce loss of
life and economtc liability; and
the Collier County Communlty Trafflc Team (CTST) declares its support of the
National STOP! RED LIGHT RUNNIJVG Campatgn ~'ponsored by the Federal
Highway,4dministration; and
the Collier County CTST will.~ a STOP! RED LIGHT RUNNING WEEK
with areawide selective enforcement of red light running violations tn an effort
to create public awarene.~ of the hazarde of dffregarding traffic signats; and
the goal of the Collier County Community 7'ra~c Safety Team t.~ to reduce the
number ami severity of trafflc crarhea
NOW THEREFORE, be it proclaimed by the Board of County Commi. trtoners of Collier
County, Florida. that January I1 - 17, 1998 b~ detlgnated a~
STOPI RED LIGHT RUNNING
DONE AND ORDERED II-IlS 13th Day of .l'amt~, 1998.
BO/~P~D OF COUNTY COMMISSlO~
COLLIER COlIN'IT, FLORID,~
and urge all ctttzen~ to recognize thl.~ event by pledgtng to approach
intersections and railroad grade cro~tng$ with dui cautton and to flop for red
light signai~.
AGEN~A~ZTEH
NO. "'1~/1' ·
JAN 13 1998
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PROCL,,IMA TION
boating is a major recreational acttvtty of Collier County; and
boating is enjoyed by citizens of all ages: and
boating is participated tn by residents and visitors alike; and
boating is deserving the attention of safety on the water; and
boating is enhanced by the practice of safety on the water: and
boating in a safe manner benefits everyone: and
it is appropriate to recognize the value of safe boating education by designating
Collier County Safe Boating [Yeelc
NON' THEREFORE. be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the week of January 12th, 1998 be designated as
COLLIER COUNFY SAFE BOATING ;WEEK
to encourage the people in Collier County to become familiar with safe boating
procedures and to practice zafe boattng In the waters of Collier County.
DONE AND ORDERED TillS lSth Day of Jartuary, 1998.
BOARD OF COUNTY COM3dlSSIONE~
COLLIER COUNFK, FLORID/I
DYtlGHT F~ BROCK. CLERK
, CHAIRMAN
AGEN ITEH
JAN 1 3 1998
Pg. [ ,
PROCLAMATION
in a very short time, thousands of our very beautiful feathered friends, the
Purple Martins, will return from their winter home tn Brazil; and
these birdr will be searching for ruttable housing to enable them to nest and
rear their young; and
NqtERF. AS,
the Florida Legislature ha~ designated Collier County the PURPLE blHRTIN
C,~PITAL OF FLORID,~; and
the "Conservancy Purple Martin Society" t~ desirous of urgtng the public to
erect proper housing for these very valuable winged creatures by placing said
houses on their property; and
NOtEREAS,
during the period o f January 11 - 17, 1998, the Conservancy Purple Martin
Society will endeavor to alert the public to how valuable these birds are In
helping to diminish the insect and mosquito population.
NO W THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the week of January II - 171998 be designated as
PURPLE MARTI~V Y/EEK
in Collier County and urge all citizens to join with the Conservancy Purple
Martin Society to show thetr concern for these valuable and friendly winged
creatures and learn to protect and preserve them.
DONE AND ORDERED THIS lSth Day of January, 1998.
BO. dRD OF COUNTY C03d3dlS~IONERS
COLLIER COUN'IZ. FLORID,~
DF~IGHT E. BROCK. CLERK
1TEH
Pg.~
EXE~ SUMMARY
ACCEPT STAFF RECOMMENDATIONS PERTAINING TO THE JAIL COMMITTEE
AND INITIATE FUNDING ACTIONS NECESSARY TO IMPLEMENT THE
RECOMMENDATIONS IN THE UPDATE OF THE INTEGRATIVE CORRECTIONS
STRATEGIC DEVELOPMENT PLAN
OBJE~: To have the Board accept the findings of the Jail Committee regarding their
review of the Update of the Integrative Corrections Strategic Development Plan and provide
direction to staffwith respect to providing funds to implement the Plan.
CONSIDERATIONS: On September 2, 1997, under agenda item 8(BXI), staff and
representatives of The V Group of Florida briefed the Board on the findings and
recommendations contained in the Final Report of the Update of the Integrative Corrections
Strategic Development Plan (the Plan). Pursuant to the Board's direction, a Jail Committee was
formed to analyze the financial and phasing recommendations regarding the design and
construction schedule proposed in the Plan. The Committee included members of the Collier
County Citizen's Productivity Committee, the Sheriff's Office, the Clerk of Courts and thc
County Administrator's agency. A member of the Naples Chamber of Commerce/Economic
Development Council Coalition Public Safety Committee also participated in thc review.
Thc following staffrecommendations should be considered by the Board:
I. Revise the current Level of Service Standard (LOSS) for jail beds from 2.4 per 1,000 to 2.65
beds per 1,000 of the peak population. The change reflects trends in jail population since
1991 and accounts for a base forecast adjusted for a peaking factor (the difference between
the daily high peak and the monthly average) and a management factor (the ability to handle
variations in inmate populations). The base forecast is based on trends in inmate population
in the Collier County .Tail system and the peaking/management factors are based on industry
norms. The attached table shows a comparison of jail beds required under the cun'ent and
proposed LOSS. This revision should be adopted with the 1998 Annual Update and
Inventory Report.
2. Reactivate the Public Safety Coordinating Council to ensure a continuous r~view and
analysis of trends in the criminal justice system which affect the timing and number of jail
beds needed. A proactive Council could identify arrest and sentencing trends and
subsequently adjust the affected criminal justice bureaucracies to minimize or prolong the
need for additional jail beds in the future.
3. Consider funding a Criminal Justice Information System (CJIS) to cost effectively track
offender trends and thereby avoid the need to periodically conduct extensive studies of law
enforcement arrest patterns, the efficacy of pretrial and post-trial dive, ion programs and
courts processing data. A CHS system may cost approximately $1.2 million ~nd would be
used by the judiciary, the Clerk of Courts, the State Attomey's Office, the Public Defender's
Office, the Sheriff's Office and the Public Saf~y Coordinating Council to
offenders in the criminal justice system.
cffici~
Executive Summary
Initiate Funding Actions for Jail Project
Page 2
4. Immediately proceed with the design and construction of a new 192 bed Immokalec Jail
Center with the appropriate support space as recommended in the Plan to replace the existing
structure that is at the end of its useful service life.
:5. Immediately proceed with the design and construction of a 240 bed expansion of the Naples
Jail Center along with the appropriate support space as recommended in the Plan.
Subsequent to the expansion, proceed with the renovation of the existing Naples Jail Center
as recommended in the Plan.
6. Wait until the completion ofthe Campus Master Plan by Spillis, Candela and Partners before
considering the expansion of the Sheriff's Central Operations space. The Campus Master
Plan will provide a comprehensive space needs analysis of the Sheriff's operations in
Buildings J and A. The Master Plan is expected to be completed in the spring of 1998.
7. Create a video link for remote judiciary operations in Immokalee to fully utilize the available
beds at the Immokalee Jail Center. This would be applicable only to 1~ Appearance Hearings
and Jail Arraignments. The video link would be utilized in the same format as the existing
video link from the Naples Jail Center. The cost of pwviding the necessary hardware and
software is approximately $200,000.
The difference between staWs recommendations and the consensus of the Jail Committee relates
to the action proposed in Item No. 3 and 6. In Item No. 3, the Committee recommends
providing-as opposed to considering-the necessary funds for a CJIS. With respect to Item No. 6,
the Committee recommended proceeding with. as opposed to considering- the expansion of the
SheriWs Central Operations after the completion of the Campus Master Plan.
These recommendations were developed without an analysis of how the proposed funding will
impact the funding of other County capital pwjects in future fiscal years. Staff has not
conducted an analysis to determine if the funding of a Criminal Justice Information System is
justifiable. Staff recognizes the limitations on available funding sources and will provide the
Board with such an analysis as part of future budget workshops regarding the entire capital
improvement program.
HSCAL IMPACT: One or more funding sources will be required to implement the following
design and construction schedule:
FY 97/98:
$609,000 for Immokaleo Jail Center Design
FY 98/99:
S3,143,000
$4,414,000
S200,000
S1.200.000
$8,957,000
for Naples Jail Center Design (Expansion & Renovaion)
for Immokg~ $~'~ C.~a~r Comlmefio~
for video technology upgrades at Immokalee Jail Center
for CJIS
FY 99/00:
FY 00/01:
FIt 97 to Fl' Ol
S16,717,000
$:5,105,000
for Naples Jail Center Expansion
for Naples Jail Center Renovation
Total Pr~ent Worth e~ttraate
JA I 3 1998
Executive Summary
Initiate Funding Actions for Jail Project
Page 3
Funds in the amount of S268,200 are currently available for the design of the Immokalee Sail
Center (IJC) in thc Facilities Construction Fund, Immokalee Jail Expansion project (301-120402-
80196). Additional funds in the amount of $341,000 sr~ needed to fully fund the design of the
UC. To initiate the design of the UC, a budget amendment is necessary to transfer $341,000
from Fund (301) rescrees.
In addition, a long-term financing plan for the jail expansion project has yet to be identified and
approved. Therefore, it is fin'ther recommended that the County's Financial Advisor, William R.
Hough & Co., prepare a report with financing options and a recommended financing source for
the jail improvements. Funds are available in (301) reserves for ti'tls report on financing
alternatives.
The Plan also identified a projected construction cost of S9,287,256 to expand and renovate the
Sheriff's Central Operations space in Building J. This cost does not include the relocation or
consolidation of Sheriff's Central Operations staff currently housed in both Building A and J.
This estimated cost will be determined during the Campus Master Plan study.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Capital
Improvement Element No. 400 ofthe Growth Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners:
1. accept the 7 staffrecommendations stated herdn;
2. initiate the design ofthe Imrnokalee Jail Center;,
3. authorize William R. Hough & Co., serving in the capacity as the County's Financial
Advisor, to prepare a report identifying alternatives and recommending a long-term
financing plan for jail improvements; and
4. approve the necessary budget amendments.
Reviewed by:.
Reviewed by:
Reviewed by:.
Michael Smykowski, Management and Budget Director
Ed Ilsclmer, Public Works Administrator
attachment: comparison on existing and proposed Level of Scrvice Standard
EXECUTIVE SUMMARY
ADOPT A RESOLUTION FOR SPECIAL RISK FOR EMERGENCY MEDICAL
_TECHNICIANS (EMT~S) AND PARAMEDICS.
,,OBJECT V£;
The Board of County Commission approve a resolulion of support for special risk for
Emergency Medical Technicians (EMT's) and Paramedics, House Bill 12.'t, and Senate
Bill 142 (1997 session).
,CONSIDERATION;
House Bill 123, and Senate Bill 142 (1997 session) was filed in an efforl to expand special
risk class of the Florida Retirement System to include certified EMT's and Paramedics,
meaning increased benefits for EMT's and Paramedics who are members of the Florida
Retirement System. EMT's and Paramedics work side by side on lhe same accident, fire
and medical scenes as law enforcement officers and firefighters who are covered under the
Florida Retirement Special Risk classification. EMT's and Paramedics are not included in
this classification as the profession did not exist when the Special Risk classificaiion for
Public Safety Professionals was developed. A survey of all the counties and
municipalities that would be affected by this legislation was completed and seventy-nine
percent of the affected counties either supported througl'~ a Resolution or are unopposed
to including EMT's and Paramedics as Public Safety Professionals.
.FISCAL IM PACT:
Special Risk classification is an addilional 9.84 percent of the salary for each afl'ected
employee into the Florida Retirement System.
I'~ year projected cost is approximately $425,000. Assuming a three percent salary
increase each year and the same complemenl of people the second and third year cost
would be approximately S437,700 and $450,800 respectively.
~;ROV~FH MANAGEMENT IMPACT:
Any additional EMT's or Paramedics would be covered under special risk classification of
the Florida Retirement System.
RECOMMENDATION:
That the Board of County Commissioners authorize the Chairman to sign the Resolution
of Support for the EMT's and Paramedics to be classified as special risk in the Florida
Retirement System.
Walteg'Kopka, Lieutenant
.,..~..mergency Medical Services Department
Diahe B. Flagg. Chief
Emergency Services Dcparlmcnl
Leo-Ochs, Administrato/ '
Support Services Di~isi'on
RESOLUTION NO. 98-
A P. KSOLUTION IN FAVOR OF HOUSE BILL 12;3, AND SENATE BILL 142
(1997 SESSION), SPECIAL RISK FOR EMERGENCY MEDICAL TECIlNICANS
(EMT'S) AND PARAMEDICS.
WHEREAS, House Bill 123 and Senate Bill 142 (1997 session) was filed in an effort to
expand the special risk class of the Florida Retirement System to include certified EMT's
and paramedics, meaning increased benefits ['or EMT's and paramedics who are members
of'the Florida Retirement System; and
WHEREAS, law enforcement officers, fire fighters and corrections officers are in the
special risk class; and
WHEREAS, EMT's and paramedics are exposed Io the same hazards as law enforcement
officers, fire fighters, and correctional officers; and
WHEREAS, inclusion in the special risk class would mean an increase in death benefits
and an increase in retirement benefits from I.b percent per year to 3 percent per year for
EMT's and paramedics, and
NOW THEREFORE, BE IT RESOLVED, that the Collier County Board
Commissioners support the inclusion of EMT's and paramedics into the special risk class
of'the Florida Retirement System.
BE IT FURTHER RESOLVED THAT this Resolution shall take effect immediately
upon adoption.
PASSED AND DULY ADOPTED by the Board of' County Commissioners o[. Collier
County. Florida. this day of'
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:.
· Chairman
Approved as to form and
legal sufficiency:
Assista~t'Couhty Attorney
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~ A biX1 to be entitled
An act
System~ amending s. 121.0210 F.S.~ redefining
the term "special risk member#~ amending s.
121.0515, F.S.~ adding to the Special Risk
Class of membership certain emergenc~medical
technici~ns and paramedics~.providing
legislative intent~ providing an effective
date.
Second Engrossed/nrc .
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (c) is added to subsection (15)
of section 121.021, Florida Statutes, 1996 Supplement° to
read:
121.021 Definitions.--The following words and phrases
as used in this chapter have the respective meanings set forth
unless a different meaning is plainly required by the context:
(XS)
(c) Effective January 1~ 1998~ 'special risk member'
means a member of the Florida Retirement System who is
designated as a special risk member by the division in
accordance with s. 121.0515. Such member must be employed as
a law enforcement officer~ a firefi~hter~ a'correctional
officer, an. emergency medical techxlician~ or a paramedic and
must meet certain other special criteria as set forth in s.
121.0515.
Section 2. Subsections (1) and (2) and paragraph (a)
of subsection (7} of section 121.0S15. Florida Statutes0 are
amended to read:
CODINg:Words ~ are deletions~ words underlined ar~.d~ior~.
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HB 123, Second Engrossed/nCc
121.0515 Special risk membership; criteria;
designation and removal of'classification; credits for past
service and prior service; retention of special risk normal
retirement date.--
(1) LEGISLATIVE INTENT.--In creating the Specia~ Risk
Class of membership within the Florida Retirement System, it
is the intent an~ purpose of the Legislature to recoc/nize that
persons employed in certain categories of law enforcement,
firefighting, m~d criminal detention~ and emergency medical
care positions are required as one of the essential functions
of their positions to perform work that is physically
demanding or arduous, or work that requires extraordinary
agility and mental acuity, and that such persons, because of
diminishing physical and mental faculties, may find that they
are not able, without risk to the health and safety of
themselves, the public, or their coworkers, to continue
performing such duties and thus enjoy the full career and
retirement benefits enjoyed by persons employed in other
positions and =hat,' if they find it necessary, due to the
physical and mental limitations of their age, to retire at an
earlier age and usually with less service, they will suffer an
economic deprivation therefrom. Therefore, as a means of
recognizing the peculiar and special problems of this class of
employees, £t is =he intent and purpose of the Legislature to
establish a class of retirement membership that awards more
retirement credit per year of service than that awarded to
o[her employees; however, nothing con=a/ned herein shall
require ineligibility for special risk membership upon
reaching age 55.
(2) CRITERIA.--A member, to be designated as a special
risk member, must meet the following criteria=
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HB 123, Second £ngrossed/n=c
I (a) The me~ber mus~ be employed as a law enfo~cemen~
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2 officer and be cer=ified,' or required to be cer~ified, in
3 compliance wi=h s. 9¢3.139S; however, sheriffs and elec=ed
4 police chiefs shall be excluded from meeting ~he cer~ifica=ion
requiremen=s of this paragraph. In addi=ion, =he member's
duties and responsibili~ies must include ~he pursuit,
apprehension, a~d arres= of law viola=ors or suspected law
violators; or the member mus~ be an active member of a bomb
disposal unit whose primaryresponsibili=y is the loca=ion,
handling, and disposal of explosive devices; or the member
must be ~he supervisor or command officer of a member or
members who have such responsibilities; provided, however,
administrative support personnel, including, but no~ limited
=o, =hose whose primary, duties and responsibili=ies are in
accoun=ing, purchasing, legal, and personnel, shall no= be
included;
(b) The member mus= be employed as a firefigh=er and
be certified, or required ~0 be certified, in compliance with
s. 633.35 and be employed solely wi=hin the fire departmen= of
the employer or agency of s~ate government. In addition, the
member's duties and responsibilities mus= include on-the-scene
fighting of fires or direc= supervision of firefigh~ing units,
or the member mus= be =he supervisor or command officer of a
member or members who have such responsibilities; provided,
however, adminis=rative suppor= personnel, including, but not
limited =o, ~hose whose primary du=ies and responsibili=ies
are in accounting, purchasing, legal, and personnel, shall not
be included;
(c) The member must be employed as a correctional
officer and be certified, or required to be certified, in
compliance with s. 943.139S. In addi~ion0 the member*s
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CODING~Words ~are deletions; words underlined
HB 123, Second £ngrossed/ntc
i primary duties and ~espo~sibilities must be the custody, and
2 physical restraint when n6cessary, of prisoners or inmates
3 within a prison, Jail, or other criminal detention facility,
4 or while on work detail outside the facility, or while being
$ transpor=ed~ or the member must be the supervisor or command
6 officer of a member or members who have such responsibilities~
7 provided, however, administra=ive support personnel,
8 including, but not limited to, those whose primary duties and
9 responsibili=ies are in accounting, purchasing, legal, and
10 personnel, shall not be included~ however, superintendents and
11 assistant superintendents shall participate in the Special
12 Risk Class; orr.
13 (d) The member must be employed by a licensed Advance
14 Life Support (ALS) or Basic Life Support (BLS) employer as an
15 emergency medical techn~cian or a paramedic and be certified
16 in compliance with s. 401.27. In addition~ the member's
17 primarydu=ies and responsibilities mus= include on-the-scene
18 emergency medical care. HoweverF.adminis=rative support
19 personnel, includifl~, but not limited to~ those whose primary
20 responsibili=ies hre in accountin~ purchasing, legal, and
21 personnel shall no= be included.
22 (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT
23 DATE.--
24 (a) A special risk member who is moved or reassigned
25 to a nonspecial risk law enforcement, firef~ghting, c~
26 correct£onal~ or emergency medical care administrative support
27 position with the same agency, or who is subsequently employed
28 in such a position wi=h any law enforcement, firefigh=ing, or
29 correctional~ or emergency medical care agency under the
30 Florida Retirement System, shall ear~ credit for such service
31 at the same percentage rate as that eaTned by a regular
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HB 123, Second £ngrossed/ntc
member. Notwithst~nding the provisions of subsection'(4),
service in such an admini~trative support position shall, for
purposes of s. 121.091, apply, toward sa=isfaction of =he
special risk normal retirement date, as defined in s.
121.021(29)(c), provided th&t~: while in such position, ~he
member remains cer=ified as ~?iaw enforcement officer,
firefighter0 or~orrectional officer,} emergency medical
technician, or paramedicl remains subject to reassignment at
any rime =o a position qualifying for special risk membership~
and comple=es an aggregate of 10 or more years of service as a
designated special risk membe= prior to retiremen=.
Sec=ion 3. The Le~islature finds that a proper and
legitimate state purpose ~s served when emp. loyees and re=irees
of the state and of its political subdivisions, and =he
dependentst survivors~ and,beneficiaries of such employees and
re=irees~ are ex=ended =he basic pro=ec=ions afforded by
governmental re=irement systems that provide fair and adequa=e
benefi=s and =ha= are managed! adm~nistered~ and funded in an
ac~uaria11y sound ~anner~ as"=equired by s. 14 of Art. X of
the State Cons=i~=ion and part VII of chap=er 112 of =he
Florida S~atutes. Therefore~the Le~isla=ure hereby
determines and declares that ~he provisions of this act
fulfill an important state interest.
Sec=ion 4. This act shall take effect January 1, 1998.
CODING~Words ~'r~'k=~are deletions~ words underlined ar~ion~
BH 12 H123
H 0123 1998 SESSION DATE 08/05/97 TIME 11:18 PAGE 1
;ENERAL BILL/2ND ENG by Wasserman Schultz; (CO-SPONSORS) Heyman; Mackey;
;aunders; Jacobs; Culp "
--~'RS/Special Risk Member; redefines term "special risk member"; adds to. Special
Risk Class of membership certain, emergency medical technicians & paramedics;
provides legislative intent.,Amends 121.021,.0515. EFFECTIVE DATE:
01/01/1998.
12/18/96 H Prefiled
01/09/97 H Referred to Governmental Operations (GRd); Finance & Taxation
(FRC); General Government Appropriations
02/28/97 H On Committee agenda-- Governmental Operations (GRC}, 03/05/97, 3:30
pm, 413C '
03/04/97 H Introduced, referred to Governmental Operations (GRC); Finance &
Taxation (FRC); General Government Appropriations -HJ 00056; On
Committee agenda-- Governmental Operations (GRC), 03/05/97, 3:30
pm, 413C
03/05/97 H Comm. Action: Unanimously Favorable with 1 amendment(s) by
Governmental Operations (GRC) -HJ 00176
03/07/97 H Now in Finance & Taxation (FRC) -HJ 00176
03/14/97 H On Committee agenda-- Finance & Taxation (FRC}, 03/20/97, 3:15 pm,
Morris Hall
(Press Enter to Continue -OR- F9 for Hard Copy)
BH 12 H123
'H 0123 (CON'T)
1998 SESSION
DATE 08/05/97 TIME 10:45
PAGE 2
03/20/97 H Comm. Action: Favorable by Finance & Taxation (FRC) -HJ 00327
03/25/97 H Now in General Government Appropriations -HJ 00327
-,04/01/97 H Withdrawn from General Government Appropriations -HJ 00355; .In
Governmental Responsibility Council, pending ranking
04/03/97 H Placed on Governmental Responsibility Council Calendar -HJ 00433
04/16/97 H Read second time -HJ 00~69; Amendment(s) adopted -HJ 00569
04/17/97 H Read third time -HJ 00614; Amendment(s) adopted -HJ 00614; Passed
as amended; YEAS 98 NAYS 16 -HJ 00614
04/23/97 S In Messages
04/25/97 S Received, referred to Governmental Reform and Over~ight; Ways and
Means -SJ 00659
05/02/97 S Upon adjournment in Senate Govern.m. ental Reform and Oversight,
(Press F9 for Hard Copy)
+{ )+ represents unde=ltned~ words underlined &re additions
-( )- represents s~ricken; words stricken a=e deletions
Corresponding Bill Information
Bill as Printed
20-315-97
SB 142
A bill to be entitled
An act =elating to the Florida Retirement
$¥atem~ amending a. 121.021, F.S.~ redefining
the term "special risk member"~ amending s.
121.0515, F.S.; adding to the Special Risk
Class of membership certain emergency medical
technicians and paramedtcs~ providing
legislative lntent~ providing an effective
date.
Be It Enacted by the Legislature of the State of Florlda~
Section 1. Paragraph (c) is added to subsection (la)
of section 121.021, Florida Statutes, 1996 Supplement, to
read:
121.021 Definitions.-=?he following Words and phrases
as used in this chapter have the respective meanings set forth
unless a different meaning is plainly required by the con2ex2=
+|(c) Effective January 1, 1998, Ws~ecial risk member~
designs=ed as a special risk member by the division in
&ccordance with s. 121.0515. Such member must be employed as
a law enforcement officer, a firefighte=, a co=sectional
officer, an emergency medical technician, or & paramedic and
must meet certain other special cri~eri& as set forth in s.
121.0515.)+
Section 2. Subsections (1) and (2) and paragraph (a)
of subsection (7) of section 121.0515, Florida Statutes, are
amended to read:
20-325-97
SB 142
121.0515 Special risk membershtpt crtteri&l
designation and removal of classific&tton~ credits for past
service and prior servicet retention of special risk normal
retirement date.--
(1) LEGISLATIVE INTEnT.--In creating the Special R/sk
Class of membership within ~he Florida Retirement System,
is the intent and purpose of the Legislature to recognize that
persons employed in certain catego~ies of law enforcement~
firefighting, -{and)- criminal detention+{, and emergency
medical care}+ positions ate required as one of the essential
functions of their positions to perfo.rmwork that is
physically demanding or arduous, o= work that requires
extraordinary agility and mental acuity, and that such
peEsons, because of diminishing physical and mental faculties,
may find that they are not able, without risk to the health
and safety of themselves, the public, or their cowo=ke=s, to
continue performing such duties and thus enjoy the full ca=eat
and retirement benefits enjoyed by pa=sons employed in other
positions and that, if they find it necessary, due to the
physical and men=al limitations of their age, to Eetire at an
aa=lie= age and usually with less service, they will suffer an
economic deprivation therefrom. Therefore, as ·means of
recognizing the peculiar and special problems of ~his class of
employees, it is the intent and purpose of the Legislature to
establish a class of retirement membership that awards more
retirement credit per yea= of service than that awarded to
other employees7 however, nothing contained herein shall
requite ineligibility fo= special =£sk ~be=ship upon
reaching age 55.
(2} CRITERIA.--Am~e=, to be designated as · special
=Ask ~-~er, must meet the following criteri·~
2
20-315-97 SB 142
(a) The member must be employed as a law enforcement
officer and Be certified, ot teqat£ted to be certified, in
com~liance with s. 943.1395; howevet,'sheriffs and elected
police chiefs shall be excluded from meeting the certification
requirements of this paragraph. In addition, the member's
duties and responsibilities must include the pursuit,
apprehension, and arrest of law violators o= suspected
violators; or the member must be an active member of a bomb
disposal unit whose primary responsibility is the location,
handling, and disposal of explosive devices; or the member
must be the supervisor o= conuuand office= of a membe~ or
members who have such responsibilities~ provided, however,
administ=ative support personnel, including, but not limited
to, those whose primary duties and responsibilities are in
accounting, purchasing, legal, and personnel, shall not be
included;
(b) The member must be employed as · f~refighter and
be certified, or required to be certified, in compliance with
s. 633.35 and be employed solely within the fire department of
the employer or agency of state govez~ment. In addition, the
member's duties and responsibilities must include on-the-scene
fighting of fires or direct supe~vision of
or the member must be the supervisor or command officer of ·
member or members who have such responsibilities~ provided,
however, administ~ative support personnel, including, but not
limited to, those whose primary duties and responsibilities
a=e in accoun~ing, pu~chasing, legal, and pe=sonnel~ shal~ no~
be included~
(c) The membe~ must be employed as a co=zectional
off£ce= and be ce=tilled, o= =equl=ed to be ce=t££$ed, in
compliance with s. 943.1395. In addition, the nembezOs
3
20-315-97 SB 142
p=ima=y du=ies and =esponsibilities must be the custody, and
physical ~estraint when necessa=y, of p=lsone=s or inmates
within a p=ison, Jail, or other criminal de2ent~on facil~ty,
o= wh£1e on wo=k detail outside the facility, or while being
tzanspozted; oz the membe= must be the aupezvAfo= o~ c~nd
officez of a membe~ oz members who have such ~esponsibilities;
p~ovided, however, administrative suppo=t personnel,
including, but not limited to, those ~hose p~lnaz~fdu~ies and
responsibilities aze in accounting, purchasing, legal, and
personnel, shall not be included; hoh-eve~, superintendents and
assistant supe:intendents shell par~icipe~e ~n ~he Special
P~tsk Class+{; o:}+-(.)-
+{(d) The membe~must be e~ployed by a licensed
~vance L£fe Support IALS) o~ Basic L&fe Support (BLS}
employer as an emergency medical technician o~ & paramedic and
be cert£fied in compliance w£th a. 401.27. In &dd£tion, the
member's primary duties and responsibilities ~ust ~nclude
on-~he-scene emergency medical care.
suppo:~ personnel, ~nclud~ng, bu~ no~ l~ed 2o, ~hose~ose
p~ ~espons[b~lit~es a~e ~n accoun2~ng, purchasing, legal,
and personnel, shall no~ be ~ncluded.}+
(7) ~T~ION OF $PECI~ RISK NO~
DATE. --
(a) A special risk me.e= who is ~ved o= =eassi~ed
=o a nonspecial risk law enfo=cemen=, firef~gh=~ng,
correc=ional+{, or ~ergency medical ca=e}+ a~nis==a~ive
suppo== posi=ion wi=h =he s~e agency, o= who is s~se~en=ly
e~loyed in such a position wi~h any law enfo=c~en=,
firefigh=ing, -{o=}- co==ec~ional+{, o= ~e=gency mescal
care}+ agency under =he Florida
credl= for such service a~ =he s~e percentage =are .s ~ha~
I III
20-315-97 SB 142
es=ned by a regular member. Notwi~hs2anding the provisions of
subsection (4}, service in such an administ~at£ve auppor~
position shall, for purposes of s. 121.091, apply toward
satisfac~ion of the special risk normal retiremen= date, as
def£ned In s. 121.021(29}(c), p=ovided ~hat, wh~le tn such
position~ the mend=a= ~emains ce~t~fied al & law enfozcenent
off~ce=~ fi=efigh~e=~ -{o~}- co~ect~onal office~+{, ene=gency
medical cechnician~ o= pa=a~edic}+; ~ernains sub~ect
~eassign~en~ a~ any ~J~'~e ~o a positio~ qualifying fo~ special
=lsk mernbe=ship~ and co=ple~es an agg=egata o~ 10
yea=s of se=vice as a designated special ~Lsk me~be~ p~o~
Sec~£on 3. +(The Leg~s~a~u=e finds ~ha~ a p=ope= and
legi~irna~e s~a~e pr=pose is seL~ved when e=ployeea and =et~=ees
of ~he s~&~e and of i~s poli~lca~ subd~v~s~ons~ and the
dependen~s~ su=vivo=s~ and benef£c~a=ies of such enployees and
=e~i=ees~ a=e ex~ended ~he basic p~otec~ona~affo~ded by
gove=nmen~a~ =e~=emen~ sys~ents that p=ovida fsi= and adequate
benefits and ~hat a=e managed, ad~nis~e=ed~ and funded in an
ac~ua=~a~Zy sound manne=~ as =equi=ed by Section 14 of Az~c~e
X of ~he $~a~e Cons~itu~ion and psat V~! of chap~e~ 1~2 of ~he
F~o=ida S~a~u~es. The=efo=e~ ~he Legislature de~eL'n~Lnes and
dec~a=es ~ha~ ~he p=ov~sions of ~h~s act fulfill an
s~a~e ~n~e=es~.}+
Section 4. Th~s ac~ sha~ ~a~e effec~ 3anua~y 1~ ~998o
20-315-9~
SENATE SUMMARY
Redefines the ce~ "spec£al ~tsk mer~be~' fog the purposes
of ~he Flogtda Re~tge~en~ System ~o include desc~£bed
nembegs ~ho age e~lo~ed as emergency medLcaZ ~echn£ctans
paga~edtcs. Adds descgtbed e~eg~ency medtc&1 technicians
and pag&medtcs ~o ~he Spec£al R/sk Class,
Parc I of I
General Bill S142: FRS/Special Risk Member
Corresponding Staff Analysis not available.et this time
CorrespondLng Amendments not available at this time
Corresponding Vo~e History
GENERAL BILL by Cdst; (CO-SPONSOILS) Campbell; Dudley (Identical 2ND
FRS/Special Risk Member, red¢~es term "special'risk member"; adds to
Special Risk Class of membership cenaLn emergency medica~ iech~ciaas
paramedics; provides legislative i0tent. Amends 121.021,.0515.
EFFECTIVE DATE: 01/01/1998.
01/06/97 S Prefiled
01/10/97 S Referred to Governmental Reform ~nd Oversight; Commu~ty
Affain; Ways and Mca.ns
03/04/97 S Introduced, referred to Governmental Reform ~nd Oversight;
Community Affain; Ways and Means -SI 00038
05/02/97 S Died in Committee on Governmental Reform and Oversight
STATUTE CITATIONS:
· 9121.021
· Ol21.o~LL
CONSTITUTION CITATIONS:
NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL.
SUBIECT INDEX:
S142
Special Risk
Correctional officers
Emergency medical technicians or paramedics
Firefighters
Law enforcement officer~
· A)e~- ~T~
i JAN I~;1998[
L?
Y?: /
I :ii~ APPO~ OF MEMBER(S) TO EMERGENCY IVfl!:DICAL SERVICES ADVISORY
? cout,~c~ .... i.. ' ..' .... :...:'~"' '"'" ""' "::' '
~]~.~3~: To con_firm the appointment of I member representing Naples Community
Hospital.
CONSIDERATIONS: The Emergency Medical Services Advisory Council has I vacancy duc
to a resignation with the term expiring on August 31, 1999, representing Naples Community
Hospital. This 11 member council advises the Board of County Commissioners on all aspects of
emergency medical services, including the operational budget, level of service and equipment
Terms are 3 years.
A list of the current membership is included in the backup.
A letter dated December 12, 1997, was received from Palina J. Fuson submitting her resignation
and requesting that the Board of County Commissioners conf'u'm the appointment of Ms. Gall
Dolan, representing Naples Community Hospital. Ms. Dolan's term will be for the remainder of
the term vacated by Ms. Fuson and will expire on August 31, 1999.
]FISCAL IMPACT_: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and confirm the appointment of MS. C-ail Dolan to fulfill the
remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming
the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Cornmissionezs
Agenda Date: JANUARY 13, 1997
JAN 13 1998
December 12, 1997
Mr. Tun Hancock, Cl~nnan
Collier Board of County Comn~isslonen
3301 East Tawiami Tra~l
N'aples, Florida 34112
p.O. Boz 41 :X)2S. H4#eL .l:tor*~ 3,4101
COLLIER NOS1)fl~- (141) SI3.TQ4~Q
RECEIVED
.0lC 89?
Dear Mr. Hancock:
The purpose of'this Icttcr is to regretfu~ state ~ ! must resign fi'om membenh¥ oe the
August 31, 1~)9, thereby ~eaving ,, twenty month v'a:az~ tot the CommL~o~crs to filL
In that regard, I would Uke to respecueully request that the Co~;~on consider Ms. CTm'I Dolan
u my replacement on the Council, e_ff~ 3anuary, 1998. Ms. Dolan is a lo.ng-teaured Vice
Pre,dent with the NCH Healthcare Syst~n and posesses zkeen grasp of the ~ssues and challcnges
fac[n8 thc medical communky, including those that pertaln to the delivery of emergency medical
services. In her role u %qce President, Ms. Dolan L~ respon~le for the operations ofthe
Emergemcy Departments at both North Con;et Hospital and Naples Commu~ty Hospkal, Women
such, I am co.dent tt~ ~.au can trrmg a wealth ofvaJuablo expeneace and eaersy to the Co
as ~u act~e member.
Palina 3. Fur, on .
Vice preside~Clinical S~wices ' .
W'ffliam O. Crone, Pre~e~ &: CEO, NCHH~ System
Ms. C~ DoL, n, ',qce Pre~e~
Bob Lah'd, Chairnum, BMSAC -.
JAN 1 3 1998
Emergency Medical Services Advisory Council
F/ork Phone ~.ppt'd ~,:.. ~IX D~e Term
llome Phone fla:el~e-appt 2ndF. xpDa:e 2nd Term
434-4810 09/13/94 08/31/96 2 Years
9/17/96 08/31/99 3 Years
7'/4-8200 09/28/93 08/31/96 3 Y~rs
9/17/96 0&t31/99 3 Y~rs
774-4434 09/17/96 08/31/99 3 Y~rs
262-3131 04/16/96 08/31/96 Months
9/17/96 08/31/99 3 Years
6952500
Sheldon Reed
735 Eighth Strc~ South
Naples, FL 34102
District:
Category: City of Naples
Roger Evans
P.O. Box 428
Naples, FL 34106
DLrtr~:
Category: Health Department
Gary Young
3301 £. Tamiami Trail
Naples, FL .34112
District:
Category: Sheriffs Department
Palma Fuson
P.O. Box 413029
Naples, FL 34101
Dhtdct:
Category: Naples Community Hospital
Tim Smith
64 DuPont Road P.O. Box 67
Everglades City, FL 34139
District: 5
Category: Commission District
Michael A. Davis
6120 lSth Avenue, S.W.
Napl~s, FL 34102
Dim-/t~ 3
Category: Commission District
$. P. Cnmther-Mohr
600 Gordonia Road
Naples, FL 34108
Diso~: 2
Category: Commission Dislrict
09/17/96 0&r31/99 3 Y~rs
643-1Tr/ 04/16/96 08/31/97 I Year
~5-2s18 9/23/97 08/31/00 3 Years
06/20/95 08/31/96 I Year
9/17/96 08/31/99 3 Years
JANpg .7131998
Emergency Medical Services Advisory Council
Robert D. Laird
1765 Cottrtyard Way, 205-C
Naples, FL 34112
District:
Category: At-Large
George T. Leamon
7024 Trail Boulevard
Naples, FL 34108
Dirtrict: 2
Category: At-Large
Pa), R. Biles
1588 Heights Court
Ma-co Island, lq. 34145
D~c~: I
C~egor~: Cor~mi~sion DL~ict
Phone E. Saundcrs
3770 Pazk'view Way
Naples, FL 34103
DLm'fct: 4
CateEor~: Commission District
11/01/94 08/31/97 3 Years
793-0933 9/23/97 8/31/00 3 Years
09/23/97 08/31/00 3 Years
09/17/96 08/31/99 3 Ycaz3
394-3089
01/04/94 08/31/95 5 Years
434-9230 6/20/95 08/31/98 3 Yeazs
This 11 member committee was created by Ord. No. 80-80 to advise the Board of County
Commissioners on an aspects of emerge~'y medical servees in Colkr County. kx:ludlng the
operational budget, level of service and equipment, This ¢ommilee also revtews complaints and
problems and recommends corrective ~ Terr~ am 3 year&
JAN 13 1998
Pg. ~/,
COLLI£R COUNTY £,~I~R~£1~CY ItZDICAL $£RVLC£S ADVISORY COUNCIL
BY LA~S
ARTICLE I
Section 1. The name of this organization shall be the Collier County
£mergency ~edicaI Services Advisory Council (hereafter called the ENSA
Council). .
ARTICLE
PURPOSE
Section 1.
The purpose, objectives, and £uncttons of the E/~SA Council
To acc as an advisory body to the Board of County Conunis-
sioflers (BCC) on all aspects of emergent7 medical services.
(E~S) in Collier County.
To study and analyze all opportunities and problems associated
rich providing optimum ~ throughout Collier County. This
shall include the ri~h~ and the responsibility to hear and
yes~i~ate an? complaints formally received pertainin~ to the
quali~F o[ ENS services bein~ rendered b~ an~ duly authorized
provider.
Co
To develop and promote s~andards for the provisio~ of ~S in
Collier County.
Do
To encouraxe and assist in the crainin~ and education of bo~h
the professional provider and me~bers of the general public in
ch, provision of ~S care.
To coordinate all services chat impact in any way rich the
provision of E~S in Collier County.
To foster and promote the development and utilization of
improved methods
To promote area-vide coordination and liaison vith EJ/S of
adjacent counties on narc, rs o£ mutual concern.
To establish liaison and planning ~rlth County Civil Defense
~nd other a~encies as appropriate for the purpose of utilizing
Fils resources in an optimum manner in the event of a major
dlsascer involvinz mass casualties.
Xote: ~ords underlined are additions Co present
sereckehrou~h are deleciofls fro~ present Bylavs.
Rev. 10/20/80 .. I
JAN 13 Ig98
To recommend to the BCe the adoption of such resolutions or
other measures as may be required ~o insure the accomplish~ent
of the purposes stated herein.
Reviev complaints or problems brought before the Council by
the £MS coordinator. & procedure for the receiving, process-
fag, and disposition of complaints shall be adopted.
To periodically evaluate and report to the BCC on the quality
of £MS tn ~he County and to recor~end correct~ve actions ~here
deficiencies are thought to exist. Prior to June Ist of each
year, the £HSA Counc~ sha~l submi~ an annual report to the
BCC on its activities and accomplishments and an evaluation of
FJ~S services and needs.
ARTICL~
Section 1. The regular membership of the Collier County Emergency
~edical Services Advisory Council shall consist of 11 members to be
appointed by subsequent resolution by the Board of County Commissioners
as
1 Physician to be nominated by the Collier County Hedical
Society.
be
1 Physician to be nominated bF ~he Collier County Health
Officer.
Person nominated by the Naples Community Hospital, ~ho is iu
responsible position pertaining to the providing.of emerg-
ency medical service, on behalf of said organization.
A Ccnsu~er nominated by each County Conunissioner livinl in his
district.
I Representative of the County Fire System nominated by the
County's Fire Chief's Association.
1 Person nominated by Collier Health Services, Inc., vho is in
a responsible position pertaining to the providing of emer-
gency ~edical service, on behalf of said or~anization.
I Representative vith law enforcement background Jointly
nominated by the Sheriff and gaples Police Chief.
~ote:
Rev. 10/20/80
~ords underlined are additions to present Bylavs;
ser~ekehreesh are deletions from present Bylavs.
2
vords
AGENDA lT~M
.o._ / OZ-2' _
,JAN 13 1998
Section 2. The follovin~ rill serve as ex-officio members vith the
rilht to vote, or may desi~nate an alternate to serve in their place on
a reiular or "as needed" basis.
Sheriff of Collier County
Collier County ~ealth Officer.
The ~aples City ~auaaer
Section 3. The follovin~ rill serve as advisors to the £~SA vithout
vote:
Public Safety Administrator
F~S Coordinator
Section &. All regular members of the Advisory Council vil! serve for a
(3) year period except that initially four (&) members shall serve for
one year, four (&) members for a tvo year term, and three (3) members
for a three year term.
Section 5. The membership, by majority vote, shall have the authority'
to recoa~nend to the BCC the removal of any Council member for failure to
attend meetings (See Art. V, Sec. $).
Section 6. All members shall be required to file financial disclosure
for~ ~ with the Clerk of Courts,
ARTICLE ZV
~eetin~s
Section 1, The regular meeting of the membership of the Council shall
be held no~ less than monthly a~ such time and public place as
nated b~ the Chairman. The Chairman may call special meetings of the
Council ~hea such ~eetings are deemed necessary. ~otice of special
· eetin~s shall be given each member of the Council as provided ia
Sectiou 2 belov. ?ursuaa~ to Ylorida Statutes, all meetings shall be
open ~o ~he public. This also includes co~ittee meetiass.
Section ~, ~otice of the time, place and purpose cf all regular ~eet-
in~s and special meetings o£ the Couaci! shall be sailed ~o each ~e~ber
o~ ~he Council ao~ less ~haa ~ve days beffore such see~ia~s, A~eadaace
by any ~e~ber a~ such ~ee~ia~s shall coas~i~u~e his waiver o~ ~he
quire~en~ of ~ri~ea ao~lce.
Section 3. ~-~e~or~ty.~.~o.~.~embers Six vo~in~ me~bers sha~
constitute a quo~ for the ~rauaccioa of any business ac any~e~ula~
or special mee~ia~ of ~he Co~cil (oneehatfoeheeeoeet-menberzhip.ptuzoae
member .... ).
~ote: gords underlined are additions to present
seruckehrou~h are deletions from presea~ Bylaes.
Rev. 10/20/80 3
Section &. Only the appointed members smd ex-officio members shall be
entitled to vote at any'meeting of the Couflcil.
Section $. All official records of the Council, including meeting
notices, agendas, minutes smd resolutions duly sdopted, shall be main-
tained by the Clerk to the Board.
Section 6. At the first regular meeting, the Chairman rill establish
the times for regular meetings and viii file t=he result=s vith the BCC
and the Clerk to the Board.
ARTICLK V
Officers
SectiOn 1. The members of the Council shall el.cc from the members the
fo[lo~iu$ officers at each meeting held in June of each yesr:
A. Chairman
B. ~ice-Chait~nan .
C. Secretary
Section 2. The term of office of all officers of the Council shall be
one year or until their successors are elected. The terms rill begin on
the first day of Ju~y October to September 30th fo~owin&-~heir-nppoint-
Section 3. Any o[ficer may be re-elected for the same office.
Section ;. A vacancy in any office of Chair:oan~ Vice-Chairmant or
Secretary., ~ay be filled by the Cou~c£l at any regular meeting or spa~
rial meeting called for tha~ purpose. .
Section $. Duties:
Ce
~ote: gords underlin~ed are additions Co present= Byla4; ~Arl~s
Rev. 10/20/80
Chaiman: The Chairman shill have the power, vith ch. advice
and consent off ch. Council, ' · '
~end the execution of contracKs in Ch. ordinary course of
business to the BCC. The Chairman shall also perform the
norn~al duties o~ ~he Chie~ Pol~Officer of ~he Co~cll. He
shall preside a~ all needings o~ ~he Council and be a member
ex-officio of ~11 co~i~ees. ~e ~aimu shall ~ve ~u~her
povers and duties as ~y be assigned by ch. Co~cil.
Vice-Cha~afl: In ~he absence of ~e Chaimn or his/her
inability ~o ac~, ~he VlceoChaimau shll exercise all povers
and duties o~ ch. ~aimn. ~e Vice-~i~an shall have
ocher duties and povers as ~y be assigned by ch. Council.
Secreca~: ~e Secre~a~ shall cause co be kep~ all Hinuces
of all meetings of ~he Co.cal. He shall be
! 3 1998
~be g£vin~ of proper no,ice of all meetings o~ ~he Council
and, in general, shall per£om all duties incidental to the
O~fice of the Secretary. Ee shall have such further duties
and powers as may be assigned Co him by the Chairman or the
Council. lc shall be the responsibility of the Secretary to
report to the £xecutive Co,~nictee those Council members who
have missed cwo (2) unexcused consecutive or ~hree (3) unex-
cused cecal Council meetings within.one year. Idcluded in his
report shall be indication of follow=up contact, ~o establish
cause, and recom~endation as to the appropriate disposition o~
said Council member. The Secretary's repor~ shall be sub-
micced co the £xecutive Co~nittee which, in turn, shall report
to the Council membership.
Committees
Section 1. The Chairman is ampovered to appoint such permanen~ or ad
hoc sub commi:caes as are deemed necessary for the successful execution
o~ cbc Council ~rograms. All committee activities muse be reported ac a
regular Counci~ meeting.
AR?~CLK VII
Amendments
Section 1. These By~a~s may be amended by the Board of County Commis-
sioners on its o~ £niciacive~ or by a cwo-thirds vote of the ENSA Coun-
ci~ membership present and voting ac any regular, special or annual
meecin~ o£ ~he Counc£1 after notice of such proposals for amendment has
been given ~o all members as provided ~n ~hese Bylaws. All E~ISA recom-
mended amendments shall be subject to approval by the Board of County
Con,missioners of Collier County, Florida.
Section 2. ~;ocice of any proposed amendment shall be submitted in
writing co all members of the Council nec less r. han thirty (30) days
prior co ~he meec£nZ ac which such amendments are to be considered.
ARTICLE VII!
Rules of P~ocedure
Section 1. All meetings of the Council and any committees shall be
conducted and governed by Parliamentary Procedure and usage as cent. aimed
and set fetch in Robert's Rules o~ Order - Revised £dttiou unless other-
wise provided for in chase Bylaws or excep~ where modifica~iou of such
rules is required because of the nature of the work to be
by the Council. AGENDA
~oCe:
Words underlined are additions to present ~A~t~3 1998
seruckehreaih are deletions from presen~ Bylaws.
· pg.
Rev. 10/20/80
Section 2. The Chairman of the Counci! and the Chairman of each
co~nittee may appoint, £~ they so desire, an individual to be desisnated
as Parliamentarian to assist them in the proper conduct of the business
affairs of this orsanizat~on.
session this day of oanua~ 1981.
ATTEST:
VlL~I~ J. REA~AI~,
· ~ .
~' ..: ..
BOARD OF COU~Y C01~I$SI01~R$
COLLIER COUNTY, FLORIDA
t;' £::
i
Rev. 10/20/80
JAN'1 3 1998
Pg.
EXECUTIVE SUMMARY_
PETITION CP-97-04, BRUCE ANDERSON AND ROBERT DUANE, REPRESENTING DR$.
MANUEL AND REGINA PENA~ REQUESTING TO AMEND THE FUTURE LAND USE MAP BY
INCLUDING THE PROPERTY LOCATED AT THE SE CORNER OF NAPA WAY AND PINE
RIDGE ROAD INTO PINE RIDGE ROAD INTERCHANGE ACTIVITY CENTER SUBJECT TO
UMITING THE PARCEL TO MEDICAL USE ONLY A3 A SMALL. SCALE PLAN
AMENDMENT, (COMPANION TO PETITION R-97-2!
~.~ The objective of this hearing is to adopl an ordinance to amend the Future Land
Use Map by Including the subject property Into the Pine Ridge Road Interchange Activity Center.
CONSIDERATIONS; The subject petition ts requesting to amend the Future Land Use Map by
adding the 2.3 acre property located at the GE comer of Nape Way and Pine Ridge Road into
the Pine Ridge Road Interchange Activity Center and to limit the uses to medical office only.
The petitioner's request is to amend the Future Land Use Map so that a rezonlng request to
C-1/'1' for a medical office can be applied for.
The CCPC heard this petition on November 20, 1997 and recommended 5-2 that Petition
CP-97-04 be recommended to the Board of County Commissioners for approval due to the
uniqueness of this comer lot being located across from commercial. Mssrs. Nelson and Pedone
were the dissenting votes stating they agreed with staff's recommendation of denial and the
possibility of the commercial being carried further down the street.
FJSCAL IMPACT; This is a request to amend the Future Land Use Map. Any fiscal impact
would occur at the time of any rezone or conditional use request if the proposed amendment is
adopted.
GROWTH MANAGEMENT IMPACT; This is a request to amend the Future Land Use Map. Any
growth management impact would occur at the time of any rezone or conditional use request if
the Proposed amendment is adopted.
.CCPC RECOMMENDATION. That the Board of County Commissioners approve Petition
CP-97-04.
REVIEWED BY:
APPROVED BY:
Comprehensive Planning Manager
Donald W. Arnold,'
serv O r or
/Vi'n~e~t A: ~,au<t~, AICP
Administrator
Community Dev. & Env. Services
CP~7~48TAFF REPORT
pnGF. NDA ITEM -"
o,.~
uary 113, 1998
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ORDfNANCE 97 ·
AN ORDINANCE AMENOINO OROI~ eV-0S. AS AMENDED.
FO~ THE UNINCORPORATED AP, GA OF COLLIER COUNTY.
FLORIDA. BY PROVIDING FOI~ A ~ SCALE AMENOMENT
TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE
ELEMENT OF COLLIER COl. R41Y~ GROWTH MANAGEMENT
PLAN BY ADOIN~ 2.:3 ACRES TO THE PINE RIDGE
' INTERCHANGE ACTIVTTY CENTER AND UMFFED TO MEDICAL.
USE ONLY; BY PROV1DIN(3 FO~ SEVF, JCtABILITY; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioeers adopted the Collier County Growth
Management Plan off January 10. 19~9; and
WHEREAS. tho pmpeffy ownets of 2.3 ocru of land have subm~ed · request to amend
the Futura Land Use Map of the Futura Land Use Element of the Collier County Growth
Management Plan; and
WHEREAS. lbo request is for & Future ~ Use Map cha~ge limiting the use Io medical
use ~ly. and it kwoNes less than 10 acres of land; and
WHEREAS. tt~ Imefxlmef~ does flol IflvoNe I cfmnge to any of the Goals. ObjeclNes,
o~ Policies of the Pten; emi
WHEREAS, puf~uaflt to SubsectioJl 163.31~?(1)(c), fried'Ida Statutes. I/ds amef~mefll Is
WHEREAS. an applicable substamive a~ proc~fm~l requiremems of law have been
met; end
NOW. THEREFORE BE IT ORDAINED by the Boerd of Cout~ Commiuiofl~ of
Collier Coup, Florida:
SECTION ONE: ADOPTION OF THE AMENDED FUTURE LAND USE ELEMENT MAP
fo~ the Futu~ Lafld UN Mop of Iht Futura Lafld Use EJwrmflt of CoSier ~ Orowqh
Mor',ageme~ PLM. The Amef~mem. attodud hereto atxl b.jmrpo~ed hef~j by m reface as
of compete~ j~sdk~m. ~ I~X~o..hal be deemed a seper~e, o~ct a,d ~depe,def~
This Small Scale Amendme~ ~t~ll not become effective u,~131 day~ Mtm. ac~q~k~.
JAN 1 3 1997
Pr,.-
4
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8
10
11
ATTESt: BOARD OF COUNTY COMMISSIONERS
r ~ C~ ~' ~
12 DW1GHT E. BROCK, CL.E~
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14
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20
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MAR.K~E M. 8TVOEm' '
APPROVED A~ TO FORM AND LEGAL SUFFICIENCY:.
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ASSISTANT COUNTY ATTORNEY
TIMOTHY L HANCOCK, CHAIRMAN
CP-97-04 ORDINANCE
AG~:NDA ITEM
JAN .1. 3 199~'
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
PLANNING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING
SECTION
DATE:
October 18, 1997
RE:
PETITION NO. CP-97-04, GROWTH MANAGEMENT PLAN AMENDMENT
AGENT/APPUCANT:
Agent:
Bruce Anderson
Young, VanAssenderp
Vamadoe
801 Laurel Oak Dr., Ste.300
Naples, Florida 34109
Robert Duane '
Hole, Montes & Associates
715 Tenth Street S.
Naples, Florida 34102
Applicant:
Drs. Manuel ,=nd Regina Pena
4081 Tamlami Trail North, Ste. 203
Naples, Florida 34102
Frank and Olympe DuMars
541 Boone Road
Hoschton, GA 30548-1813
GF~QGRAPHIC LOCATION:
The subject property, containing 2.3 acres more or less, is located on the south side of Pine
Ridge Road immediately east of Astmn Plaza PUD on the SE comer of Napa. The parcel lies
within the Urban Estates Planning Community adjacent to Pine Ridge Road Interstate Activity
Center and within the Golden Gate Area Master Plan. (See attached location map)
REQUESTED ACTION:
This petition seeks to remove the subject parcel from the Golden Gate Area Master Plan and
Include the 2.3 acre parcel Into the Pine Ridge Interchange Activity Center on the Future Land
Use Map and limit Its use to a medical facility.
pI, IRPOSE/DESCRIPTION OF PROJECT:
The petitioner proposes to change the land use designation of the site so as to allow rezonlng for
C-1/'rProfessional/Commerclal Transitional office uses on the subject property with a conditional
use for a medical facility. However, this review is only to consider the approp(lateness of the
land use designation change on the subject site.
Presently, the above parcels are designated Residential Estates and will only allow single family
homes.
CP-g7.O4STAFF REPORT
4
~AGENDA ITEM
i.o.
I '~$00'
(¢OMMERClALI
I~ACT
m
PUD
E
SINGLE: FAMILY F. STATE:S- 9.44 Ac.,+. ~MO~J..R,DARY
R.O.W. '"' 7.74 Ac.*
71~ I~1~ IlnBd I., Il,Id,.. tr. ,14t~t - I'k,,.; (141) ~
PEI~
MEDICAL
ZONING
SURROUNOING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION'
Existtnc~ Condili9n'::
The site is zoned E-Estates end is presently vacant. The en6m 2.3
acres is designated Estates Mixed-Use District/Residential Estates Sub-
district.
Surroundina Land
North:
West:
East:
South:
Developed PUD Commercial (Crossroads Mad~at PUD) and designated
Interchange Activity Center.
Undeveloped Astron Plaza Pud designated Interchange Activity Center.
Vacant Single Family Estates zoned property immediately abutting the
subject property with developed Estates zoned tracts further to the east
and designated Estates Mixed Use District.
Developed Single Family Estates zoned property and designated
Estates Mixed Use District.
STAFF ANALYSIS;
Environmental lmoac~;;
The subject property has no significant environmental concerns. The parcel consists of your
typical Golden Gate Estates lots with an ill defined mixture of both upland and wetland species..
The Natural Resources Department has reviewed the proposed plan and finds no consistency
issues regarding the proposed amendment to the Future Land Use Element Map.
Traffic Ca~)acitv/Traffic Circulation AnalYsis'
Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has made the following
determination:
The ITE Trip Generation Manual indicate~ that the proposed office will generate approximately
285 trips on a 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 Pine Ridge Road after
trip assignments are made. In addition, this project will not lower the level of service below any
adopted LOS 'D' or 'E' standards within the project's radius of development Influence (RDI).
The existing single family home that could be built on this tract would generate approximately 10
trips per day, which is 275 trips less per day than the I~oposed office will generate.
The Traffic Circulation Element (TCE) lists this segment of Pine Ridge Road east of Pine Ridge
Road as a four-lane artedal road fronting the project. The current traffic count for this segment is
12.855 ADT which results in LOS 'A' operation. Pine Ridge Road west of 1-75 has a count of
38.224 end is operating at LOS 'C'. It should be noted fiat the segment west of 1-75 is projected
to be deficient by 1999. However, the planned improvement to · 6 lane mad is scheduled to
start cxxtstm~on by 2000 and should be completed by 2001. As a result, the proposed
amendment is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE which relate to
Level of Service standards and roadway LOS.
CP~74~4STAFF REPORT
6
i,AGENDA ITEM
NO. 12 A l't!
anuary 13, 1998
Pg. 6
ii, ,,I IIII I IIIII III I I ........ I ..........
Staff has also reviewed the conceptual plan from a planning and traffic safety standpoint and
finds the following: Due to the clear sight distance of the proposed Ingress/egress points, the
access off Pine Ridge Road should operate adequately subjec~ to any required engineering
modifications.
Furthermore, the on.slte traffic circulation shall be designed in a manner that reduces possible
vehicular and pedestrian conflicts and shall be consistent with Policy 7.3 of the of the existing or
proposed TCE. Also, the final traffic circulation will be reviewed at the time of site development
plan and/or preliminary subdivision plat review (whichever Is required) and shall be requlrecl to
comply with the Collier County Access Management Plan.
Commercial Demand Analvsls/Aooroorlateness of chpnoe:
The petitioner is justifying the proposed inclusion into the Interchange Activity Center to provide
for transitional uses between higher intensity commercial uses and lower intensity residential
uses. There are approximately 7 existing single family homes constructed alorLg Pine Ridge
Road east of the subject property and 4 existing homes on the south side of 10" Ave. SW behind
the subject property. The inclusion of the subject property into the Activity Center would cause
further intrusion of commercial property into this residential area which presently has a natural
Ixeak and transition between the existing Astron Plaza PUD and the subject property with Nape
Way.
The Evaluation and A,olxa~l Report. as well as the Ixoposed updated Append'~ 2 of the
Support Document f~ the Golden Gate Area Master Plan, indicates no additional commercial
lands are needed. Study Area 1, where this property is located, shows existing commercial
zoning of 202.78 acres with a need for 154 acres by the year 2000. This area does not include
the Pine Ridge Interchange Activity Center which has appro~mately 120 acres approved for
commercial development. With the 202.78 acres in Study Area 1 and the 120 acres in the
Activity Center, there are over 300 acres approved for commercial and a need shown for only
154 acres.
The proposed amendments to the Future Land Use Element, which included review of all Activity
Centers in the Plan, does not indicate inclusion of additional parcels into the Pine Ridge
Interchange Activity Center.
However, it is conceivable that, as commercial development commences in this area, coupled
with the development of Cleveland Clinic Naples, pressure for land use changes will continue. It
is not uncommon for residential land uses to coexist with transitional uses such as medical.
Some communities have this mixture of uses as evidenced In the City of Naples and the City of
Inverness, which implements an RP zone (Residential Professional) in their Land Development
Code. Districts such as this allow residential uses to coexist with medical facilities and smaller
professional offices, such as insurance services and real estate office.
FINDING~ AND CONCLUSIONS:
· Based on the Commercial Analysis for the Golden Gate area, there Is no additional need for
commercial development wffhin this area nor Is them a need for expansion of the
Interchange Activity Center,
· Nape Way provides a natural break between the existing southeastem boundary of the Pine
Ridge Road Interchange Activity Center and the Estates zoned property to the east.
· The applicant, through his agents, claims that real estate data shows that this property has
been marketed for residential use for several months with no successful sales. Thus, the
applicant claims that market conditions are suitable for commercial use for this property.
CP-gT-O4STAFF REPORT
7
kAGENDA~EM
o. t2 A ¢tl
anuary 13,1998
7
STAFF RECOMMEND,~T~PN:
That the CCPC forward Petition CP-97-04 to the BCC with a recommendation of denial.
If the CCPC does recommend approval, the approval should be tied to a specific rezone for
medical use and subject to a site plan to be submitted with the rezone.
~ DATE: .
PREPARED
BY:
Mary f. ee Layne ' '"
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
D. W~wne Arnold, AICP
PI nl Se Ices Dim
Community Development &
Environmental Services
'Barbar~'A. Cacchione,~AICP ,, - '
f Co, he~ I
NOTE: This petition has been advertised for the January 13. 1998
· BCC Meeting.
~~c=I~ER COUNTY PLANNIN~ qO~$$1ON:
MICHAEL A. DAVIS, CHAIRMAN
AGENDA ITEM
Ne. ~t 2.4 I
JAN 1 3 199 '
cP-g7.o4 staff
PROPOSED SMALL SCALE
GROWTH MANAGEMENT PLAN
AMENDMENT
Prepared for:.
Dr. Manuel Ptna
Prepared by:
Hole~ Mont~s and Associates, Inc.
715 Tenth Str~ Sou'ih
Naples, FL 34102
(941) 262 4617
liMA File No. 96.46
S~mber, 1997
AGENDA iTEM
JAN 1 3 199F
Cover Letter and Justification
TABLE OF CONTENTS
1. Application
2. Location Map
3. Amended Future Land Use Map
1-75 Pine Ridge Road Activity Center (8 x 11)
4. Vegetation Map and R~:~ort
5. Land Use Map with Tabulations within 300 Fe~t
6. Zoning Map
7. Public Facilities Map and Analysis
8. Airport Noise Map
9. Archeological Map
10. W¢Ilfi¢Id Maps
/~ttachments
Aerial Photo
1~-O~A.715',WI~ 1 ~TABCON.DOC
-- AGE,IDA, ~T£M
· r~._ tf ,.
HOLE, MONTES & ASSOCIATES, INC.
ENG~'*ERS Ft. ANNERS SUPN~'YORS
September 9, 1997
Ms. Lee Layne
Planner II
Comprehensive Planning
Collier Count)' Planning Services
2800 North Horsesho~ Drive
Naples, Florida 34104
SUBJECT:
Pena Medical Clinic
HMA File No. 96.46
Dear Ms. Lane:
Attached please find twenty five (25) copies of a small scale plan amendment meeting the
requirements of Chapter 163.3187 F.S., along with an application fee in the amount of
$2,150.00, to process the petition.
The request is to extend the Pine Ridge Road/I-75 Interstate Activity Center onto the subject
property so the presently Estates zoned property may be rezoned for a medical clinic. See
attached Future Land Use Map. (Exhibit No.3) While the request is to expand the Activity
Center onto the subject property, it is limited to medical use only and a note to this effect is
provided for on the Future Land Use Map to insure the property will only be used for this
purpose.
I) Backc,round
The subject property contains 2.3 acres and has 189 feet of frontage on Pine Ridge Road.
The property extends to a depth of 533 feet along Napa Way which provides access to the
subject property (see attached Master Concept Plan). The pwperty is directly across the
street from an Activity Center depicted on the County's Future Land Use Map, which is
located on the west side of Napa Way. Lands located in the Activity Center arc vacant
and zoned for an 18 acre Planned Unit Development known u Astron Plaza. Astron
Plaza is owued by the Cleveland Clinic, although their current plans are to cons'auct this
facility on the north side of Pine Ridge Road in the Vineyards. Access to Astron Plaza is
also proposed from Napa Way. Lands to {he south of the subject property arc zoned
Estates and arc developed with intermittent single family homes, as ar~ lands located
south of Astron Plaza. Land immediately to the east of the subject property arc also
zoned Estates and arc presently vacauL Lands to the north of Pine Ridge Road are
developed with commercial uses on ten acres which co~
neighborhood center. Between 1-75 and the Vineyards neighbor
commercial land also contained in the Viueyards PUD.
?IS TENTH STREET SOUTH POSTOFI~ICEBOXtSM NAPt~S. FLC~q~)A~410~ ~41.262.4817 FAX~41.26~.3074
~.~er {s vacant
,lAN 1 3 199 '
Ms. Lee Layne
Pen~ Medical Clinic, HMA File No. 96.46
September 9, 1997
Page 2
In summary, the subject property fronts on Pine Ridge Road and is located bordered on
two sides by planned commercial centers and bordered on the other two sides by
residential uses. Therefore, the subject property is transitional in nature and is no longer
suited for a single family dwclling. This is because of changed land use conditions and
increased traffic on Napa Wa)' and Pine Ridge Road. Projected traffic volumes for
Astron Plaza, at the time of rezoning, was 2,500 vehicles per day, which will adversely
affect the subiect property for residential use. What the property is well suited for is a
medical clinic with limited hours of' operation, and development standards that will
enable the proposed transitional use to be harmonious and compatible with nearby
residential uses.
As a companion to this petition is an application to rezone the subject property to the C1-T,
Commercial Professional Transitional Disu'ict, for which a Conditional Use is pending for a
medical facility. It is our desire that both petitions be processed concurrently.
In summary, the property is well suited for an Activity Center designation limited only to a
medical clinic use based on land use and zoning patterns in the general area which are depicted
on the attached land use and zoning maps and other technical support documentation provided
for in this application. Based on our prior discussions, County staff has acknowledged that the
proposed use of the property for a medical facility is an appropriate use, not withstanding the fact
that small scale plan amendment is required for County staff to support the proposed rezoning of
the property. Futhermore, as demonstrated by the public facilities analysis included as part of
this petition impacts on public facilities will be minimal and ar~ currently appropriate to support
the proposed land use
Therefore, based on the foregoing and attached information, your support of this petition is
appreciated and, if I can provide you any additional information, please don't hesitate to contact
me.
Very lruly yours,
HOLE, MONTES AND ASSOCIATES, INC.
Robert L. Duane, A.I.C.P.
Planning D/rector
P.
Dr. Manuel Pcna
Pamela Casu:laln
Bruce Anderson
AGENDA ITEM
JAN 1 Il 199 '
~PPLICAT~ON FOR..;% REOUZST TO ~MEND
THE COLLIER coul~Tlf COMprEHENSIVE 'GRO~TH MANAGEMENT PLk~.
Application Number
Date Received
Pre-Application Conference Date
Date Sufficient
Due Date
_ Application Fee $2.150.00
AuRust 12~ ,1997
This Application, with all required'supplemental data and information, must
be completed and accompanied by the appropriate fee, and returned to the
Growth Management Office, 2800 North Horseshoe Drive, Naples, Florida
33942. (Fax ~ ~) 643-6968)
The Application must be found to be sufficient for formal review within 30
calendar days following the filing deadline before it will be processed and
advertised for public hearing. If insufficient, a meeting will be held
between staff and the applicant, after which the Application will be
returned to the applicant for completion within 30 days. For additional
information on the processing of the Application see Resolution 91-521
(attached). If you have any questions, please contact the Growth
Management office, (813) 643-8409.
SUBMISSION REOUIREMENTS
~. GENERAL INFORMATION
A. Name of Applicant
Dr. Manuel and Re~ina Pena
Company
Address &081 Tamiami Trail North, Ste. 203
City Naples State Florida zip 3&102
Telephone Number (941) 434-0480 Fax Number (941) 597-1061
,
B. Name of Agent Bruce Anderson and Robert Duane
Company Young, VanAssenderp & Varnadoe; Hole, Montes & Associates
Address 801 Laurel Oa4 Drive, Ste. 3001 715 Tenth Street South
City Naples State Florida
Telephone Number (~{)~i~f~(~A) Fax Number
C. Name of Owner(s) of Record Frank H. and 01~mpe DuMars
Address 541 Boone Road
State GA Zip 30548-1813
city Hoschton -
Telephone Number (706) 654-3505 Fax Number
D. Name., address and qualifications of additional planners, architects,
engineers, environmental consultants and other professionals proPiding
information contained in this application, a~:~Oa
* This willapplication, be the person contacted ~or allbusiness[re~~he
r~RCEL HO.
"3 x "~ ......
COUNTY Co1! i e r
Tills INDENTURE re:dc thb ~ day o! ~
I
!
.A.D. 19~.
II
!
part __ of the r~t part a~d Ibc STATE OF FI.0RIDA. fur the u~e arid beKf~t of Ihe State of Florida ~piztmcnl
Tramportation. zl p~ty of the Rcond eaff.
V,'ITNES$~Tli, Thit the ~id p~rt of the ~l ~fl. for and in c-n~crzlion of the into of ~te I~i~r and
~at p:rt of Troct I~1, Unit 33, COmDt,!
o£ Section l? ~nd pn~t of Section 20~ Tm~nship ~9 Couth, lt.ance 26 £*~st,
Gccordtn:: to the pl~t thereoft recorded in Plut Doo~. ?, pn.~.e ~0, o£ the
l'ublic l~ecord: of Collier Count~/, Tlortd~, lylnC v~thln the follovLt~
described houndo~':Les to
II
CO~C~'.IIC~ Gt the Ilorthvest corner o£ se,id ~cction 17; thence r~m a/ore ~he
;~Orth line o£ so/d Cection ~o~h ~°3~2~' ~t a ~st~ce of 1,~1.~ feet
to the f;o~hv~t corner of ~d tract ~d thc ~ZI~ OF ~II~IIIC; thence
continue Glo1~C ~d llo~h l~nc ~.12 feet; ~hence ~l 5o~h 00°2~:~'' E~t
a d~t~ce of ~0b.O0 feet; thence rmt South ~°31t'~k' ~t G ~st~nce of
~.~)s fce~ to u ~[~t on the ~est 11ne of s~d trot; thence r~ ~ong sa~d
~cst line llor~t 00°25'bl" ~est G ~st~ce of ~b.O0 fee~ to t2e ~l~ OF
Cont~intn$ ll,l~.~0 :quire feet (0.2~2 Gore), L~ore or
,.
Tocetltcr u£th ~1 r~:~ o~ /nc~u~, ogre::, li~t) Git ~d vl~ berate.
thc cr~to~ ~ rc~nLflC p~y ~d.~ facility comt~ctcd on the ~ove
desc~tbed Dropcrky.
~I.~I;CE co~er ~ct~on ZT; thence ~m~ ~or~j ti~e
the
Ilo~hvc~t
O~
:~.. to the ;iorU~e~t co~cr of s~d trot ~d thc ~I~ OF B~Ii;;~IJ~C; thence
· .~ rmt ~lonG the F~t 1t~c of ~d tract South 00°20'~1
.~ 1~.00 feet; thence r~ Zo~h ~°3~'2~ ~t ~ ~st~cc of 1~.01 feet;
~ thence ~ ~uth 00°~'~e ~t ~ distance of ~.13 feet to ~ ~nt on thc
· t 5ot~h l~ne of s~d tract; thenc~ ~ ~onG the s~d
'~ ~J°3l'l~" Uc~t l~.~J feet; thence ~ NO~h 00020'~1" H~t ~ ~t~ce of
~ ~.7~ feet; the,ce ~ !~o~ ~°3~' F~t ~ ~t~ce of ~.~ feet;
· ~ thetme r~ t~orU~ O0~2~e~~ U~t ~ dish.ce of ~k.00 ~cct to
'.,~ the llo~h line of g~d trot; thence ~ ~o~ s~d
Cont~£nlf~ 2,~00 ncr~, nor~' or
AGENDA ITEM
P,. I
Ii
TO IL~V£ AHD TO II{1L~) TIlE SA.ME, Ic~efh. q,~lh I~ I~ ~ubt Ibc IPP~e~ncu Ih.fiG bHonlin[
~nd ~nd ~l~ Iht ~te ~l lbo. ~itlcn.~
~ed, wIcd znd dc~ ·
.
AGENDA
' ~ No, ~/'1~ ~ ' ~ (SEAL)
. -- _ , JAr~ 1 ~ 199~ .
~I- D~SCRIPTION OF pROPERTY
A. LEGAL DESCRIPTION See attached legal description.
B. GENERAL LOCATION
C. PLANNING COMMUNITY
D. SIZE IN ACRES ±2.3
E. SURROUNDING LAND USE PATTERN
F. ZONING See ZoninR Map
G. FUTURE LAND USE MAP(S) DESIGNATION
See attached Location
See Land lisa Mag
Activity Center - Mediea] H_~e Only
~II. TYPE OF REQUEST
A. GROWTH MANAGEMENT PLAN ELEmENT(S) TO BE AMENDED Future Land
8xll depicting Pine Ridge road 1-75 Activity Center attached.
B. AMEND PAGE(S) LU-I-36 OF THEGROWTHMANAGEMENTPLANAS FOLLOWS
(Use Crosc-thrcu~h~ to identify language to be deleted; Use~L~
to identify language to be added):
One revised map is provided. No text is proposed to be added.
C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM GGMP TO ACtivity Cente:
D. DESCRIBE ADDITIONAL CHANGES REQUESTED:
The subject property will be removed from the Golden Gate Master Plan area
and added to the Interstate Activit7 Center.
E. AMEND OTHER MAP(S) AND EXHIBITS AS' FOLLOWS:
(Name & Page ~)
N.A.
AGENDA ITEM
IV. REQUIRED ~NFORMAT~ON
1. Provide general location map showing surrounding developments
(PUD, DRI's, existing zoning) with subject property outlined.
2. Provide most recent aerial of site showing subject boundaries,
source, and date.
3. Provide a map of existing land use and zoning within a radius of
three hundred (300) feet from boundaries of subject property.
4. Provide summary table of approximate acreage of land use and
zoning within a radius of three hundred (300) feet from subject
property. See attached aerial, existing zoning and land use maps, table & aerie2
B. FUTURE LkND USE DESIGNATION
1. Provide map of existing Future Land Use designation(s) of subject
property and adjacent lands. See at~ached FLUM.
2. If subject property has more than one land use designation,
provide acreage totals for each land use designation.
C. ~NVIRONMENTAL
Identify native habitats and soils occurring on site and their
boundaries on an aerial photograph (a scale of 1" - 200' no
smaller than 1" m 400'). Habitat identification must be
consistent with the d _ .
and se d · · A summary table of
acreage per habitat must accompany the aerial.
Provide a summary table of Federal (U.S. Fish and Wildlife
Service) and State (Florida Game and Freshwater Fish Commission)
listed plant and animal species known to occur on the site and/or
known to inhabit biological comm~nities
similar to the site (e.g.
panther, black bear range, avian rookery, bird migratory route,
etc.)'.
Identify historic and/or archaeological sites on the subject
property.
See attached vegetation map and habitat descrip:~on and archeologtcal map.
-3 -
AGENDA
JAN ! 3 199 '
D. GROWTH MANAGEMENT PLkN AMENDMENT
Reference 9J-11.006, F.~.c. and CoOl,er county's capital ImDrovem.ent
~lem_ent (CIE ~olic¥ 1.1.2) (Copies attache~}.
1. Insert a "Y" for Yes or an "~"' for No in response to the following
questions.
a. [ N ] Is the proposed amendment located in an area of critical
state concern?
(Reference 9J-11.006(1) (a)2,
b. [N]
Does the proposed amendment apply to the Weikva River
Protection Act?
(Reference
Does the proposed amendment meet one of the exemptions to
the twice per calendar year limitation on the adoption of
comprehensive plan amendments? If yes which of the
following?
Directly related to a proposed pevelopment of ReGional
Impact, pursuant to Chapter 380 F.S.?
(Reference 9U-11.006(1) (a)4.a, ~.~.C.)
e. [y ]
Directly related to a proposed ~ Development
Activity, pursuant to Subsection 163.3187 (1) (c), F.S.
(Reference 9J-11.006(1) (a)4.b,
f. IN]
An ~mercencv, as defined in Subsection 163.3187(1)(a),
F.S., which must accompany a statement setting forth the
facts and circumstances justifying the emergency?
(Reference 9J-11.006(1)(a)4.c, ~.~.C.)
Is the amendment proposed under a joint planning agreement,
pursuant to Section 163.3171, F.S.? If Yes list local governments
included in the agreement.
(Reference 9J-11.006(1)(a)$, F.~.C.)
Document the effect the proposed amendment will have on BEBR high
range population projections as identified in the current CIE
Update and indicate mitigation measures being proposed in
conjunction ~ith the proposed amendment. A significant impact in
population is defined as a potential increase in County-Wide
population by more than 5% of BEBR high range population
projections.
(Reference CIE Policy 1.1.2) ' · hd
Describe the proposed land use and indicate if it is an increase
to the uses permitted in,.~e=~io land use designation and
district.(commercial, iDdividua%, etc.) or a new lan~ use
designation or district~ent-i~ed on the Future Land Use Map.
Provide data and analysis to support the suitability of land for
the proposed use, and compatibility of use wi
uses, as it concerns protection of enviro en ly #. 3AS e la d,
ground water and natural reservations.
JAN 1 3 199F
p,~...
E. PUBUIC F~CILITIES
1. Provide the existing Level of Service Standard (LOS) and document
the impact proposed change will have on the LOS ~or the followin,
public facilities: ·
a. Potable Water Provided.
b. Sanitary Sewer " "
c. Arterial and Collector Roads " "
d. Drainage " "
e. Solid Waste " "
f. Parks and Recreation N.A.
g. Mass Transit N.A.
If the proposed amendment involves an increase in residential
density or intensity for commercial and/or industrial development
that would cause the Level of Service for public facilities to
fall below the adopted LOS, indicate mitigation measures being
proposed in conjunction with the proposed amendment.
(Reference CIE Policy 1.1.5) N.A.
2. Provide a map showing location of existing services and public
facilities that will serve the subject property (i.e., water,
sewer, fire protection, police protection, schools and emergency
medical services). Provided.
3. Document proposed method of service, identify provider, and
describe the effect proposed change will have on schools, fire
protection, and emergency medical service.
F. OTHER
1. Identify flood zone based upon Flood Insurance Rate Map data.
Zone X
2. Identify location of wellfields and cones of influence in relation
to subject property. (Identified on the Collier County Zoning
Maps). Provided.
3. Identify areas of the property that are applicable to:
An area of critical state concern, pursuant to Chapter
380, F.S.; N.A.
Traffic Congestion Boundary; and N.A.
Coastal Management Boundary, all are delineated on the
Future Land Use Map. N.A.
- 5 -
JAN 1 3 199 '
If applicable, identify areas of the property within high noise
contours (65 LDN or higher) surrounding the Naples Airport.
(Identified on Collier County Zoning Maps). Provided.
AGENDA ITEM
No. 12A I
G. SUpPLEMENTaL INFORMATIO~'
A non refundable filing fee in the amount of $2,100 for language
changes in the Plan is due att.he time of Application submittal.
An additional fee of $30 per acre i~ required for each affected
acre in this Application. A check fo~ the total amount due should
be made payable to the Board of County Commissioners.
2. Proof of ownership (copy of deed).
Provided.
Letter of Authorization. If the Agent is not the Owner(s) of
Record, a Notarized Letter of Authorization must be provided by
the Owner(s). (See attached form). Provided.
Submit one original, signed, complete Application with all
attachments, plus 25 copies of the complete Application. Provided.
Submit 25 copies of each map. Each map shall include: north
arrow, name and location of principal roadways, and shall be at a
i to 400' foot scale or at a scale as determined during the
pre-application meeting· Provided.
AGENDA ITEM
NO. I ~-4 ~
JAN 1 3 199 '
APPLICATION FOR ~ REOU~ST TO~END EXHIBIT 1
THE COLLIER COVNT¥ C0MPR~ENSIVE GROWT~ MANAGEMENT PLaN
LETTER OF ~UTHORIZAT~ON
TO WHOM IT MAY CONCERN:
I hereby authorize Bruce Anders6nand Robert Duane (Name of Agent)
to serve as my Agent An a request to amend the Collier County Growth
Management Comprehensive Pla~. affecting property identified in this
Applicati°n~7~' - C- ~ ~'~-~
(Name of Owner(s) of Record) '
I hereby certify that I have the authority to make the foregoing
application, and that the application is true, correct and complete to the
best of my knowledge.
NOTICE - BE ~WARE THAT:
Florida Statute Section 837.06 - False Official Statements Law states that
"Whoever knowingly makes a false statement in writing with the intent to
mislead a public servant in the perfor~rff6~of his official duty shall be
guilty of a punishable as
misdemeanor of the second ~egre~," . provided by a
fine to a maximum of $500.0p and/or m~ximu~of a sixty day jail term.
Dr. Manu~l & Re~ina Pe~a
Name - (=~ped or Printed)
STATE OF ( ,~ .~: ,~ )
Sworn to and subscribed before me this
CHOOSE ONE OF THE FOLLOWING:
who is personally known to me,
who has produced
as identification
and
did take an Oath,
%/ did not take an Oath
day of ~ , 19_~
MY COMHISSION EXPIRES:'
O ,Nd. 3 1997'
SITE
LOCATION
MAP
I
· I~JlltlBI! 6
Collier Environmental Consultants
Augu~ 5,1996
Hole, Montes & Associates
attn. Bob Duane
?15 Tenth St. South
PO Box 1586
Naples, Fla. 33939
Dear Bob,
Collier Environmental Consultants conducted a brief environmental ~ssessment on a 2.2
acre parcel located in Section 1 ?, Township 49, Range 261 The following is a brief
overview of our findings.
The site, as it currently stands, contdns no significant environmental concerns. This parcel
of land consists ofyour typical Golden Gate Estate lots cont, sining some hydrophili¢ plants
yet the hydrological regime has been disrupted. The site contains a ill defined mixture of
both upland and wetland species. The following species were located onsite:
624 - Pine Cypress- Cabbage Palm
Cypress Taxodium spp. OBL
Slash pines Pinus elliottii FACW
cabbage p~Irns Sabal palmetto FAC
saw palmetto Seron~ reper~ FACU
wax myrtle Myfica cerifera FAC+
penny royal Piloblephis rigida
swamp fern Blechnum sermlatum FACW
laurel oaks Quercus laurifolia FACW
Brazilian pepper $¢hinus terbinthofolius F.,xoti¢
Melaleuca Melaleuca quinquenervis Exotic
8rape vine Vkis munsoniana FAC
smilax Smilax spp. FAC
1996. The four (4) soil borings were dug down to approximately 24 inches
time the water table was never identified. A near by canal running parallel
The project site is listed in the Collier County Soil Survey u containing # 3 Malabar Fmc
Sand, a hydric soil. Soil borings were conducted during our site investigati< - --
1-75 nnd h
JAN 1 3 199 '
close proximity to the subject parcel has contributed to the lowering of'the water table.
Hydrologically the only water other than rain fall that this site receives is from the sheet
flow otTot'Pine l~dge road.
In conclusion, this site shows the characteristics ot'a once Transitional (hydric) Pine /
Cypress habitat. The construction of'near by development, 1-75 and drainage canals in
close proximity to the subject parcel has greatly affected the water table. This is also
evident by the amount or'grape vine and smilax growing as ground cover. During our site
visit, no endangered or threatened species were observed inhabiting the subject parcel.
The information provided in this report will give you a better understanding of any
potential environmental concerns that may exist on the subject parcel. This information
however, will not be sufficient to obtain any permit or development order. In order to
obtain such information a broader and more detailed study will be needed. We look
forward to hearing from you, if you have any further question please feel free to call me
anytime at (941) 263-2747.
AGENDA ITEM
No. 12.~t
JAN ! 3 199 '
HYDRIC
H
H
ao
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
COLLIER COUNTY SOIL LEGEND
REVISED 1/90 H. YAMATAKI
2 HOLOPAW FS, LIMESTONE SUBSTRATUM
4 CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS
DEPRESSIONAL
6 RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS
7 IMMOKALEE FS
8 MYAKKA FS
10 OLDSMAR FS, LIMESTONE SUBSTRATUM
11 HALLANDALE FS
14 PINEDA FS, LIMESTONE SUBSTRATUM
15 POMELLO FS
16 OLDSMAR FS
17 BASINGER FS
18 RIVIERA FS, LIMESTONE SUBSTRATUM
20 FT. DRUM AND MALABAR HIGH FS
21 BOCA FS
22 CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL
23 HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL
25 BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND
COPELAND FS DEPRESSIONAL
27 HOLOPAW FS
28 PINEDA AND RIVIERA FS
29 WABASSO FS
31 HILOLO LIMESTONE SUBSTRATUM, JUPITER AND
MARGATE SOILS
32 URBAN LAND
33 URBAN LAND HOLOPAW BASINGER COMP?.;-X
34 URBAN LAND IMMOKALEE OLDSMAR LIMESTONE
SUBSTRATUM COMPLEX
35 URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM
36 UDORTHENTS SHAPED
37 TUSCAWI?.? ~ FS
38 DTU~AN LAND MATLACHA LIMESTONE SUBSTRATUM
BOCA COMP~
39 SATELLITE FS
40 DURBIN AND WULFERT MUCKS
41 URBAN LAND SATELLITE COMPLEX
42 CANAVERAL BEACHES ASSOCIATION
43 WINDER, RIVIERA, LIMESTONE SUBSTRATUM AND
CHOBEE SOILS DEPRESSIONAL
45 PAOLA FS (1-8 percent slopes)
48 PENNSUCCO SOIL (marl prairie)
49 HALLAND~ AND BOCA FS (slough)
50 OCHOPEE FSL, PRAIRIE (marl)
51 OCHOPEE FSL
52 KESSON MUCK FREQUENTLY FLOODED
53 ESTERO AND PECKISH SOILS FREQUENTLY FL(
54 JUPITER BOCA COMPTJ~-F__
56 BASINGER FS,. OCCASIONAT.T.y FLOODED
0~AG£NDA ITEM
'"'~'"~o.: t 2.~! ~',, ~
JAN 1 3 199F
6
[ [[[
TRACT L-I
PUD
PUD
1~A¢? Ir
.S'~.Z,J~: ~"~,,$00'
~ ,:.,~ COMMERCIAL
0.99 AC.+
RESIDENTIAL
3.23 Ac.'+
UNDEVELOPED
g.64 AC.'+
300' RADIUS
FROM PROPERTY
BOUNDARY
23.75 Ac.d:
PUD
(COMMERCIAL)
TRACT n ~NL*YA.qDS
PUD
E
PINt
TRACT k-2
ROAD rXT. C.R.
%
I
I
AV~ ~.w.
PENA
MEDICAL CENTER
LAND USE MAP
1
o z ~D- 4.42 A~ . ~0' R~S
~ ~ ~NG~ F~ILY ESTA~S = 9.~ A~ B~ND~Y 2~75
= · 23.75 A~
PENA
£xn:LD~.C
~ 0 2000 4000 8000
(
· . AND
GOLDEN GATE MASTER PLAN AMENDMENT
E. PUBLIC FACILITIES:
a. Potable Wat~,
As seen in thc attached calculation sheet, the projected potable water
demand for this amendment is approximately 27,800i gpd. Collier
County Utilities has a 12-inch diameter water main along Pine Ridge
Road. Thc main would be ,,ailabl¢ for use by this parcel. The anticipated
usc of the site and its corresponding water usc demand would not
adversely impact the level of service of the 12-inch linc.
b. Sanitary Sewer.
As seen in the attached calculation sheet, the projected sewage flow is
approximately 22,250i gpd. Because gravity sanitary sewer facilities will
not be available, a pump station and force main would be constructed
connecting the site's facilities with an existing Ii-inch sewage force main
along Pine Ridge Road. Thc force main is owned by Collier County
Utilities and has been designed to handle wastcwater from thc Pine Ridge
Road area. The pump station shall be designed so as to not adversely
affect other pump stations connected to the force main. The projected
flow represents a minor portion of the capacity of an 8-inch force main.
c. Arterial and
Collector Roads:
The capacity of Pine Ridge Road is 43,100 through 2001 at which time the
road is scheduled to be widened to six lanes. At that time the capacity of
the road will increase substantially. In the event thc road is not expanded,
the projected volume of traffic from this site will not be greater than 2.5%
of Pine Ridge Road's total traffic, as seen in the attached calculations, and,
thus, will not significantly affect the Level of Service.
d. Drainage:
The site's historic drainage was to the south and west. Pine Ridge Road
now intercepts that flow. As part of the site development, a water
management plan would be developed that attenuates storm events onsite
and would gradually release the stormwater to the drainage swale
alongside Pine Ridge Road. This swale conveys nmoffto the Airport
Road Canal. The water management system shall be designed so as to not
adversely affect other properties that contribute to flow in thc swale.
e. Solid Waste:
AS seen in the attached calculations, the projected solid waste generation
from thc proposed use at the site is approximately iA:t: cy/day or 950d:
lbs/day. Thc amount of solid waste generated daily in Collier County is
on the order of greater than 100 tous/day. The increase generated from
this project will not adversely affect the County's solid waste facilities or
capability of collection of solid waste. AG£nW rrEM
JAN 1 3 199 '
._
f. Parks
and R~'cation:
g. Mass Transit:
Because the proposed use ofthe site would not be residential in nature,
this item is not applicable.
This item is not applicable. Mass transit is not available in Collier
Co~'.
AGE~DA iTEM
JAN 13 199~'
UTILITIES CALCULATION SHEET
ACLU:
Office:
150 units ~ 115 gpd/unit = 17,250 gpd
50,000 sf¢/l 0.1 gpd/sf= $,~,'..0 ~d
Total - 22,250/:
Potable Water.
Assume 25% lp'eater flow because of irrigation demand than flow calculated above.
Demand = 1.25 x 22,250 gpd = 27,813:t: ~pd
Solid Waste:
ACLF:
Office:
150 units t~ 3.0 lbsAmitYday = 450 lbs/day
$0,000 sf~ 0.01 Ibs/siYday = $00 lbs/day
Total = 950-J: lbs/day
950 lbs/day x Icy/l?$1bs = $.4+_ cy/day
AGENDA ITEM
No. I,l.,q {
JAN 1 3 199]'
TRAFFIC IMPACT ANALYSIS
GOLDEN GATE MASTER PLAN AMENDMENT
A generalized capacity analysis, based on Average Daily Traffic volumes, is provided below.
The project will access from Pine Ridge Road.
TRAFFIC IMPACT
TABLE 1 - BUILDOUT TRIPS
use sxzE TRn S
OFFICE 50,000 sf 829
ACLF 150 beds 350
TOTAL I 179
TRAFFIC IMPACT
TABLE 2 - CAPACITY ANALYSIS
1998 1999 2000
Pine Ridge Trips 45,095 47,800 50,668
New Project Traffic 1,179 1,179 1,179
New Pine Ridge Road 46,274 48,979 51,847
Traffic with Project
% of Project Traffic - 2.5% 2.4% 2.3%
Under Four Lane
Conditions
2001
53,706
1,179
54,885
2.1%
Assumes a 6% growth rate based on 1996 waffle counts of 40,135 for Pine Ridge Road.
Several conclusions can be drawn from the analysis.
Projects impacts are not deemed to be significant as they are not greater than five percent of
pwjected waffle volumes for the year 2001 when the Pine Ridge Road is proposed to be
improved.
Pine Ridge Road, based on a 6% growth in background traffic, will have 45,005 vehicles per
day by 1998. The capacity of Pine Ridge Road, at Service Level D, is 43,100 vehicles per
day. Therefore, without this site's traffic, the road will fall below ils' ievci~i~y
improvements are not made prior to 2001. no. _ , ~-~i l_
JAN ! 3 199T
W :~ 1997~9'/00~0 R.M ~TR~ ~C2. DOC
3. Because project impacts for this amendment are not significant, no additional mitigation
measures or project phasing is deemed warranted.
AGENDA ITEM
Ne,
JAN 1 3 199~
TRAFFIC IMPACT ANALYSIS
The proposed Pena Medical Clinic located along the east side of Napa Blvd. and Pine Ridge
Road has less than 200 feet of frontige on Pine Ridge Road and access will be provided from
Napa Blvd. The proposed medical clinic will ~.-. comprised of about 12,000 S.F. There are
several standards in the Collier County Growth Management Plan and Land Development Code
that have a bearing on the review of this petition. Policy $.1 of the Growth Management Plans
Traffic and Circulation Element defines a significant impact as projects generating to or greater
than 5% of service level C peak hour of an impacted roadway. Section 2.2.12.6.:5 of the LDC
provides for additional standards in the c-lrr District, and requires that the proposed use must
not generate in excess of 5% of service level C peak hour volufiae design capacity on abutting
streets that provide access to the project. The conclusion of this Traffic Analysis, based on a
review of both Average Daily traffic volumes, and peak hour u'a~c volumes for both Pine Ridge
Road and Napa Blvd. is that projected traffic is not significant, in accordance with the above
standards and based on the tables provided below.
The average weekday trips per 1,000 S.F. of floor area, according to Institute of Traffic
Engineers 5th Edition of Trip Generation is 23.79 trips per 1.000 S.F. on a weekday (land use
630 clinics, page 934). Therefore, the Anticipated Trip Generation is 285 trips on a weekday for
the proposed clinic.
The Peak Hour Trip Generation may be calculated, based on the number of doctors for which
two are anticipated to staffthe clinic and the number ofemployees for which there may be up to
18. Trip Generation anticipated for (land use 630) a clinic is 4.43 trips generated on a weekday
during peak hours for each doctor and .90 for each employee. Therefore, 25 trips will be
generated during the peak hour.
Generalized Capacity_ Analysis (ADT)
Trip Generation % Capacity
Pine Ridge Capacity
41,000 285 .007
Napa Blvd. Capacity
6,000 285 4.7
Pine Ridge Road carried 28,378 vehicles per day in 1996 at this location. Based on a 6% growth
rate ofu-affic, it is expected to increase to 31,g85 by 1998. Therefore, the 285 average daily trips
added to projected 1998 traffic will not lower the level of.service or have a sigruf~~ on
Pine Ridge Road because it is less than 1%. No. j.3_t~ ~
JAN ! 3 199 '
...
Napa Blvd. is estimated to have a design capacity of 6,000 vehicles per day at service level C
capacity according to F. zt Kant of the Collier County Transportation Department. Average Daily
Traffic, therefore, based on 285 trips is 4.7% of service level C of Napa Blvd., or less than 5.0%.
~enernllzed Capaei~ Pc, =k Hour Direeffonnl
Peak Hour Peak Trips
Pine Ridge Road
1,530 (service) 25
% Peak Hour Capacity
1.6%
Napa Blvd.
520 (service) 25
4.7%
Based on the peak hour capacity ofboth Pine Ridge and Napa Blvd., trip generation is within the
peak hour capacity of Service Level C. Therefore, traffic impacts are not deemed significant and
a,-e within the standards established by the LDC and Growth Management Plan. No mitigation,
therefore, is proposed for the planned medical center.
W.~ 199~9~046MU. thTRAFHC~)OC
Ne. ~
JAN ! 3 199 '
GOLDEN GATE MASTER PLAN AMENDMENT
E. PUBLIC FACILITIES:
a. Potable Water:
As seen in the attached calculation sheet, the projected potable water
demand for this amendment is approximately 3,000~ gpd. Collier County
Utilities has a 12-inch diameter water main dong Pine Ridge Road. The
main would be available for use by this parcel. The anticipated use of the
site and its corresponding water use demand would not adversely impact
the level of service of the 12-inch line.
b. Septic System:
As seen in the attached calculation sheet, the projected sewage flow is
approximately 2,400-2: gpd. Because gravity sanitary sewer facilities will
not be available, a septic system will be used. Collier County Health
Department rules will allow the use ora septic system in this location for
the proposed development scenario.
c. Arterial and
Collector Roads:
The capacity of Pine Ridge Road is 43,100 through 2001 at which time the
road is scheduled to be widened to six lanes. At that time the capacity of
the road will increase substantially. In the event the road is not expanded,
the projected volume of traffic from this site will not be greater than 2.5%
of Pine Ridge Road's total traffic, as seen in the attached calculations, and,
thus, will not significantly affect the Level of Service.
d. Drainage:
The stormwater runoff from the site will be treated prior to discharge. The
first inch ofrunoffwill be retained in a dry retention area. Overflow from
the retention area will be directed to a roadside swale dong 10th Ave. SW.
The runoffwill not advesrely affect the surrounding properties.
e. Solid Waste:
The projected solid waste generation from the proposed use at the site is
approximately 1.0-J: cy/day or 1502: lbs/day. The amount ofsolid waste
generated daily in Collier County is on the order ofgreater than 100
tons/day. The increase generated from this project will not adversely
affect the County's solid waste facilities or capability of collection of solid
waste.
f. Parks
and Recreation:
g. Mass Transit:
Because the proposed use of the site would not be residential in nature,
this item is not applicable.
This item is not applicable.
County.
Mass transit is not available i
ri I~OIi~NDA IT£M
JAN ! 3 199 '
SEWAGE:
Building No. I:
$000+ sf area
2 Doctors and 9 Employees
Flow: 1, 5000 slx 15gpd/100sf= 750 gpd
Building No. 2:
7000+ si'area
9 Employees and 150+ clients/day
Flow: 150 clients x 10gpd/client + 9 Empl, x 15gpd/Empl. - 1635 gpd
Total Flow = 1635 + 750 = 2385 gpd Use 2400 glxl
WATER:
Use 1.25 x Sewage Flow = 3,000 glxl
I II IIII IIIII I IIII llllll II IIIIII I I I I I
APPENDIX D-A]RPORT ZONING
App. D, App. I
APPENDIX L [AI~PORT ZONING MAPS]
(SEE SECTION 2.2.23)
ZONING MAP A. NAPLES AIRPORT :
LDCD:3 - ~
EXECUTIVE SUMMARY
PETITION NO. R-97-2, BRUCE ANDERSON OF YOUNG, VANASSENDERP AND VARNADOE,
REPRESENTING DR. MANUAL AND REGINA PENA, REQUESTING A REZONE FROM "E"
ESTATES TO "C-l/T" COMMERCIAL PROFESSIONAL TRANSITIONAL DISTRICT FOR A
MEDICAL CLINIC FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF
NAPA BOULEVARD EXTENSION AND PINE RIDGE ROAD (C.R. 896), CONSISTING OF THE
EAST ½ OF TRACT 41, UNIT 33, GOLDEN G,a.TE ESTATES, IN SECTION 17, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.30 4. ACRES.
This petition seeks to rezone the subject property from "E" Estates to "C-l/T" Commercial
Professional Transitional District for a medical clinic.
The applicant is proposing to develop a medical clinic on-site. The medical clinic will consist of two
buildings (Building No. 1:5,000 squar~ feet and Building No. 2:7,000 squar~ feet). Each of the
buildings will be limited in use to health services as specified by the Standard Industrial Classification
Manual (1987 edition) groups (8011-8049). The buildings, lighting, siguage and landscaping will be
architecturally and aesthetically unified and will take on characteristics of a single family residence.
The maximum height of structures is limited to one story and hours of operation arc limited to
weekdays from B:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 2:00 p.m. Access to the site is
limited to Napa Boulevard Extension and the landscaping and buffering treatment provided on-site
exceed requirements set forth in Division 2.4 ofthe Collier County Land Development Code. The site
plan also provides for native vegetation retention, sidewalks, open space and water management
retention.
The subject property is surrounded on two sides (north and west) by an Interchange Activity Center.
To the north across Pine Ridge Road is a Publix shopping center and new Cleveland Clinic medical
facility currently under construction. These commercial and medical uses are pan of the Vineyards
PUD fronting Pine Ridge Road. To the west across Napa Boulevard Extension is thc Astron Plaza
PUD. Astron Plaza is approximately 7.6 acres in size and allows business and professional offices,
medical offices and a restaurant. Astron Plaza is currently undeveloped. To the south, across 10"
Avenue S.W. is "Estates" zoning with single family houses developed on 2.25 acre lots. To the east is
also "Estates" zoning. Currently Tract 42 ($ acr~) located contiguous to the subject site is
undeveloped. However, further east, single family residences exist on primarily 2.25 acre lots. The
subject site is also surrounded on three sides by public rights-of-way.
Although the current zoning designation of "Estates" implies that development in the n~ighborhood
would be residential, the fact is the subject site is surrounded on two sides (north and west) by an
Interchange Activity Center and on three sides by public road fights-of-way. Due to these site
conditions and the fact that Astron Plaza will have all of its traffic (approximately 2,500 daily trips)
utilizing Napa Boulevard Extension, it is the opinion of staff that the proposed medical clinic in
concert with strict development regulations could provide an appropriate i~ usldq~lp~tes-'
properties located to the east and south, rather than developing the site with a sin g e fa~~ence.
1
JAN 1 F398
I~.....~
Rezoning to "C-l/T" will provide the property owner the right to develop the site commercially and
consistent with those surrounding commercial uses within the Interchange Activity Center, thereby
providing the necess~ buffer and transition to contiguous "~l~es" zoned properties.
However, under the existing circumstances the subject r,rzone from "Estates" to "C-l/l'" is not
consistent with the Golden Gate Area Master Plan and Growth Management Plan. The Comprehensive
Planning staff prepared a Growth Management Plan Map Amendment (Petition No. CP.97.4) as a
companion to this petition in order to remove the subject parcel from the Golden Gate Area Master
Plan and include the 2.3 acre parcel into the Pine Ridge Roada-7$ Interchange Activity Center on the
Future Land Use Map, and restrict its w,,e to health services. Approval of Petition No. CP-97-4 would
make the subject petition consistent with the Growth Management Plan. In the staff~ staffnotcd
that in the absence of an approved Comprehensive Plan Amendment, staffs recommendation was that
of denial. However, should the BCC recommend approval of the companion Comprehensive Plan
Amendment (Petition No. CP-97-4), s~aff has found that the proposed rezoning would be consistent
with the Plan and would therefore support this rezoning action.
The Collier County Planning Commission reviewed this petition on November 20, 1997 at their public
hearing and recommended approval of the subject petition (5-2). The CCPC also recommended
approval (5-2) of the companion Petition CP-97-4.
However, three residents of 10'~ Avenue S.W. spoke in opposition to the subject petition. Their
concerns primarily focused on proposed traffic along I0~ Avenue S.W. and Napa Boulevard;
commercial encroachment into the Estates residential zoning district; compatibility; and the effect the
rezone will have on property values. These residents also presented a petition including thirty two
signatures opposing the subject petition.
CONSIDERATIONS:
All rezoning actions require a findings on the pan of the Collier County Planning Commission (CCPC)
based on the provisions of Section 2.7.2.5. A preponderance of the rezone findings support an action
to rezone the subject lands to the "C-l/T" zoning district. The rezone findings are formatted to give
both reasons for or against a decision to rezone the subject property. Said findings are included in this
executive summary submission together with the staffreport and recommendation.
A summary of the major Pro/Cons from the Conditional Use Finding report is as follows:
PRO
The project is designed in a manner that is
compatible with and provides a transition to the
surrounding residential neighborhood.
Unified architectural styles and guidelines have
been provided for.
Development standards are consistent with those
standards outlined in Division 2.8 (Architectural
Adjacent residents often perceive commercial
development as a contributing factor to noise,
pollution, crime, reduction in property values and
increasing traffic.
In the short nm construction traffic is necessary
for commercial
irritating development~
to local residents.
JAil 13 1998
and Site Design Guidelines) of the LDC.
Access to the site is limited to Napa Boulevard.
The Comprehensive Planning Section has prepared
· companion Petition CP-97-4 in order to remov~
the subject 2.3 acre parcel from the Golden Crate
Area Master Plan and include the parcel into the
Pine Ridge Road/l.75 Interchange Activity Center.
Under the existing circumstances the subject
rezone from "Estates" to "C-I/T' is not consistent
with the Golden Crate Area Master Plan and
Growth Management Plan.
The subject site is adjacent to a residential single
family neighborhood.
The site generated traffic will not exceed the
significance test standard (5 percent of the LOS
"C" design volume).
FISCAL IMPACT:
This petition by and of itself will have no fiscal impact on the County. However, ff' this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public fadlities. 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:
The subject property is designated Golden Gate Estates on the Golden Gate Area Master Plan and the
Future Use Element and Map ofthe Growth Management Plan. The 'Estates" land use designation are
lands which are already sub-divided into semi-rural lots (2.25 acres as an average), essentially consisting
of Golden Gate Estates Subdivision. The intent of the "Estates" district is to provide lands for Iow
density single family development with limited agricultural activities.
The petitioner proposes to rezone the subject property to the "C-l/T" zoning district. The "C-l/T"
zoning district is commonly utilized for commercial in-fill development and serves as a transitional use
between commercial and residential development. Criteria provided in the Future Land Use Element
limits each "C-l/T" parcel to a maximum of 25,000 square feet of floor area; requires the site to be
bounded on both sides by commercial zoning consistent with the Future Land Use Element; and each
parcel must not generate in excess of 5% of the Level of Service "C' design capacity on the abutting
streets that provide access to the project. In summary, the subject project proposes two buildings
totaling 12,000 square feet in combination; the traffic analysis indicates that the subject medical clinic
will not exceed 5% ofthe Level of Service "C" design capacity with approximately 285 daily trips; and
the site is abutting commercial zoning to the north and west which is pan of the 1-75/Pine Ridge Road
Interchange Activity Center.
3
JAN 1 3 1998
IPgo ~
Under the existing circumstances the subject rezone from "Estates" to "C-l/T" is not consistent with the
Golden Gate Area Master Plan and Growth Management Plan. The Comprehensive Planning staff
prepared a Growth Management Plan Map Amendment (Petition No. CP-97.4) as a companion to this
petition in order to remove the subject parcel fi.om the Golden Gate Area Master Plan and include the
2.3 acre parcel into the Pine Ridge Road/I-TS Interchange Activity Center on the Future Land Use Map,
and restrict its use to health se~tices. Staff has recommended denial of the Comprehensive Plan
Amendment, Petition No. CP-97-4, s~e companion report. However, should the BCC recommend
approval of the companion Comprehensive Plan Amendment (Petition No. CP-97-4), staff has found
that the proposed rezoning would be consistent with the Plan and would therefore support this rezoning
action.
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.
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.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition R-97-2, a petition to rezone
the subject property fi.om "Estates" to "C-l/T".
PREPARED BY
BRYAN Mi~LK
PRINcIpAL PLANNER
REVIEWED BY:
I~OEC~RT J. MULHERE, AICP
CURRENT PLANNING MANAGER
i)ONALD W. ARNOLD, AICP '
~.ST~RTMENT DIRECTOR
~INCENT A. CAUTERO, ADMINISTRATOR
DATE
COMMUNITY DEV. AND ENVIRO~NTAL SVCS.
JAN 1 1998
AGENDA XTE~ 7-L
TO:
FROM:
DATE:
RE: PETITION NO:
OWNER/AGENT:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DrvISION
NOVEMBER 3, 1997
R-97-2, PENA MEDICAL CLINIC
Frank and Olympe DuMars
541 Boone Road
Hoschton, Georgia 30548-1813
Ag~t:
Bruce Anderson
Young, VanAssenderp & Vamadoe
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
Applicant:
Dr. Manual and Regina Pena
4081 Tamiami Trail North, Suite C203
Naples, Florida 34102
REOUESTED ACTIOn;
This petition seeks to rezone the subject property from "E" Estates to "C-I/T" Commercial
Professional Transitional District.
GEOGRAPHIC LOCATION'
The subject site is located at the southeast intersection of Napa Boulevard Extension and Pine Ridge
Road (C.R. 896), consisting of the east ½ of Tract 41, Unit 33, Golden Gate Estates, in Section 17,
Township 49 South, Range 26 East, Collier County, Florida, consisKng of 2.30 _+ ~ (See location
map on following page).
JAN 1 3 1998
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JAN 1 ~1 1998
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~PURPOSE/DESCRIpTION OF PROJECT:
The applicant is the contract purchaser of the property and wishes to develop a medical clinic on-site.
The medical clinic will consist of two buildings (BuDding No. 1 '. $,000 square feet and Building
2:?,000 square feet). Each ofthe buildings will b'~ limited in use to health services as specified by the
Standard Industrial Classification Manual (1987 edition) groups (8011.~049). The buildings, lighting,
si~lage and landscaping will be architecturally and aesthetically unified and will take on characteristics
of a single family residence. The maximum height of structures is limited to one story and houri of
operation are limited to weekdays from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 2:00
p.m. Access to the site is limited to Napa Boulevard Extension and the landscaping and buffering
treatment provided on-site exceed requirements set forth in Division 2.4 of the Collier County Land
Development Code. The site plan also provides for native vegetation retention, sidewalks, open space
and water management retention.
SURROU 'DI 'G LAND USE AND ZONING
Existing:
The subject site is currently undeveloped. The
property is zoned "Estates" and is primarily
wooded.
Surrounding: North -
Pine Ridge Road (C.1L 896) right-of-way.
Further north is the Vineyards PUD commercial
development "Crossroads at V'meyards",
presently developed with a Publix shopping
center with associated retail shops. Also the
Cleveland Clinic medical facility is under
construction west of the shopping center, also
located in the Vineyards PUD and within the
Interchange Activity Center.
South -
10'~ Avenue S.W. right-of-way. Further south is
"Estates" zoning with single family residences on
2.25 acre lots.
East
Property to the east is zoned "Estates". The
property east of and contiguous to the subject
site is currently undeveloped. However, single
family residences are developed further east along
the north and south sides of 10~' Avenue S.W.
West -
Napa Boulevard right-of-way. Further east is the
Astron Plaza PUD. Astron PI,-* is 7.23 acres in
size, undeveloped, and located within the
Interchange Activity Center.
include medical and health
professional and business offices
2
latea'
reda restaurant.
JAN 1 3 1998
GROWTH MANAQEM~NT PLAN CONSISTENCY:
The subject property is designated Golden Gate Estates on the Golden Gate Area Master Plan and the
Future Use Element and Map of the Growth Management Plan. The "Estates" land use designation
are lands which are already sub-divided into semi-rural lots (2.25 acres as an average), essentially
consisting of Golden Gate Estates Subdivision. The intent of the Estates District is to provide lands
for low density single fancily development with lintited agricultural activities.
The petitioner proposes to rezone the subject property to the "C-lfr" zoning district. The
zoning district is commonly utilized for commercial in.f~11 development and re'yes as a uansitional use
between commerdal and residential development. Criteria provided in the Future Land Use Element
limits each "C-l/T" parcel to a maxL-num of 25,000 square feet of floor area; requires the site to be
bounded on both sides by commercial zoning consistent with the Future Land Use Element; and each
parcel must not generate in excess of 5% of the Level of Service "C" design capacity on the abutting
streets that provide access to the project. In summary, the subject project proposes two buildings
totaling 12,000 square feet in combination; the traffic analysis indicates that the subject medical clinic
will not exceed 5% of the Level of Service "C" design capacity with approximately 285 daily trips; and
the site is abutting commercial zoning to the north and west which is part of the Interchange Activity
Center.
However, under the existing circumstances the subject rezone from "Estates" to "C-l/T" is not
consistent with the Golden Gate Area Master Plan and Growth Managem~t Plan. The.
Comprehensive Planning staff prepared a Growth Management Plan Map Amendment (Petition No.
CP.97-4) as a compaxtion to this petition in order to remove the subject parcel from the Golden Gate
Area Master Plan and include the 2.3 acre parcel into the Pine Ridge Road/I-7$ Interchange Activity
Center on the Future I.~nd Use Map, and restrict its use to health services. Staff has recommended
denial of the Comprehensive Plan Amendment, Petition No. CP-97-4, see companion report.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and assessment is required.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all
development within the n~nimum area necessary to protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department contacted.
EVALUATION FOR ENV~ONMENTAI~ TRANSPORTATION AND ]]q'FRAS~U~~:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. 'This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Department staff. This
petition was administratively reviewed on behalf of the EAB and staff'
conditions as presented in the attached Ordinance of Adoption.
Appropriate evaluation of petitions for re. zoning should establish a factual basis for supportive action
by appointed and elected decision makers. The evaluation by professional stsffshould typically
include an analysis of' the petitioner's relationsb:'.o 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 its related elements.
Other evaluation considerations should include an assessment of adequacy of ~nation
Lai-astructure, other in~astructure, 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.
Staff' completed a comprehensive evaluation of this land use petition and the criteria on which ~
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or negative,
culminating in a staff' recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.3.2.5 of the Land Development Code thus requiring staff' evaluation
and comment, and form the basis for a recommendation of approval or denial by the Planning
Commission once approved and/or otherwise modiied by the Board of County Commissioners. Each
of the potential impacts or considerations identified during the staff' review are listed under the
criterion noted and are categorized as either pro or con or not applicable, whichever the case may be,
in the opinion of staff'. Staff' review of each of the criterion is followed by a summary conclusion
culminating in a determination of' compliance, non-compliance, or compliance with mitigation. These
evaluations are completed as separate documents and are attached to the staff report.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
l~,elationshi_o to Future and Existin_; Land Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Management
Plan. The subject petition as proposed is inconsistent with the Golden Gate Area Master Plan and the
Collier County C-rowth Management Plan. However the Comprehensive Planning staff prepared a
Growth Management Plan Map Amendment (Petition No. CP.97-4) as a companion to this petition to
include the subject 2.3 acre parcel into the Interchange Activity Cgnter. Approval of Petition No. CP-
97-4 would make the subject petition consistent with the Growth Man=gement Plan.
~ - The subject property is surrounded on two sides (north and west) by an Interchange
Activity Center. To the north across Pine Ridge Road is a Publix shopping center and new Cleveland
Clinic medical facility currently under construction. These commercial and medical uses are pan of'
the Vineyards PUD fronting Pine Ridge Road. To the west across Napa Boulevard Extension is
Astron Plaza PUD. Astron Plaza is approximately 7.6 acres in size and allows business and
professional offices, medical offices and a restaurant. Astron Plaza is currently undeveloped. To the
south, across 10"' Avenue S.W. is "Estates" zoning with sinl le fangly houses develo
lots. To the east is also "Estates" zoning. Currently Tract 42 ($ ~'es) located
subject site is undeveloped, However, ~nher east, sinile family residences exist
acre lots. The subject site is also surrounded on three sides by public right-of-ways.
4
~ed on 2.25 acre
JA~ 13 1998
The applicant's master plan reveals two one story medical buildings (Building No. 1: $,000 square feet
and Building No. 2:7,000 square feet). Each of the buildings are architecturally unified and designed
to resemble a single family residence. The master plan also provides for a 6 foot tall opaque wall
and/or landscape buffer along the sites eastern and southern property boundaries. Access to the site is
limited to Napa Boulevard Extension and vehic~ar parking and circulation is designed to minimize
noise to adjacent residential property located to the east and south. Structures on site are limited to
one story, and hours of operation are limited to weekdays 8:00 a.m. to 6:00 p.m. and Saturdays
8:00 a.m. to 2:00 p.m. The ITE Trip Generation Manual indicates that the proposed medical buildings
will generate approximately 28:5 daily trips. Based on this data, the site generated traffic will not
exceed the signifcance test standard (:5 percent ofthe LOS "C" design volume) on Pine Ridge Road.
Although the current zoning designation of "Estates" implies that development in the neighborhood
would be residential, the fact is the subiect site is surrounded on two sides (north and west) by an
Interchange Activity Center and on three sides by public road right-of-ways. Due to these site
conditions and the fact that Astron Plaza will have all of its traffic (approximately 2,500 daily trips)
utilizing Napa Boulevard Extension, its the opinion of' staff that the proposed medical office with strict
development regulations could provide an appropriate transition to "Estates" properties located to the
east and south, rather than developing the site with a single family residence. Rezoning to c-ur will
provide the property owner the right to develop the site commercially consistent with those
surrounding commercial uses within the Interchange Activity Center and thereby providing the
necessary buffer and transition to contiguous "Estates" zoned properties.
Timing - The requested rezoning is timely in its application. The surrounding Interchange Activity
Center is approximately '/:5% developed and water and sewer service are available to serve the site.
Traffic - The ITE Trip Generation Manual indicates that the proposed medical buildings will generate
approximately 28:5 trips on a 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 Pine Ridge Road after trip
assignments are made. In addition, this project will not lower the level of' service below any adopted
LOS "D" or "E" standards within the project's radius of'development influence (P, DI).
The Traffic Circulation Element (TCE) lists this segment of'Pine Ridge Road east of'I-75 as a 4 lane
arterial road fronting the project. The current traffic count for this segment is 12,855 ADT which
results in LOS "A" operation. Pine Ridge Road west ofi-75 has a count o. f38,224 and is operating at
LOS "C". It should be noted that the segment west of 1-75 is projected to be deficient by 1999.
However, the planned improvement to a 6 lane road is scheduled to start construction by 2000 and
should be completed by 2001. As a result, the proposed petition is deemed consistent with Policies
1.3, 1.4, 5.1 and 5.2 of the TCE which relate to Level of'Service standards and roadway LOS.
Furthermore, the on-site traffic circulation shall be designed in a manner that reduces possible
vehicular and pedestrian conflicts and shall be consistent with Policy 7.3 of the existing or proposed
TCE. Also, the final traffic circulation will be reviewed at the time of site development plan and/or
preliminary subdivision plan review (whichever is required) and shall be required to comply with the
Collier County Access Management Plan.
JAN 1 3 1998
Infi'astructure - County water and sewer services are available to serve the site. Water management
facilities will be constructed to meet County ordinances and these will be reviewed and approved as a
sanction of obtaining subsequent development orct-.r approvals.
~ - Criven the development regulations, architectural guidelines, operation characteristics and
landscape buffers, it is staffs op~on tnt an action to rezone the subject property to "C-l/T" is
compat~le wkh surrounding commercial property and would similarly act as a transition between
"Estates" zoning and more intensive commercial zoning located within the surrounding Interchange
Activity Center. In staffs opinion the petition can be deemed consistent with the applicable elements
of the Growth Management Plan only ifCP-97-4 is approved by the BCC.
STAFF RECOMMENDATION:
In the absence of an approved Comprehensive Plan Amendment, staff' recommends that the Collier
County Planning Commission recommend denial of Petition No. R-97-2. Should the CCPC
recommend approval of the companion Comprehensive Plan Amendment, staff has found that the
proposed rezoning would be consistent with the Plan and would therefore support this rezoning
action.
P~p).~D BY:
PRINCIP~ PLANNER
REVIEWED BY:
D tT /
~AICP ~
CURRENT PLANNR~ MANAG~I~
DONALD~t,~. ARNOLD, AICP
VI"N(~ENT A. CAUTERO, ADMINISTRATOR
COMMUNI~ DEV. AND ENVIRONMENTAL SVCS.
Petition Number R-97-2
StaffRepon for the November 20, 1997 CCPC meeting.
ON:
F¢IICHAEL A. DAVIS, CHAIRMAN
6
JAN 1 1998
Pg. /-~
REZONE FINDINGS FOR PETITION PUD-97-2
Section 2.7.2.5. of the Collfsr 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 Co,~ission has studied and considered the proposed
change in relation to the following, where applicable:
Whether the proposed change w£11 bs consistent with the
goals, objectives, and policies and Future Land Use Map and
the elements of the Growth Management Plan.
Pros The Comprehensive Planning Section has prepared a
companion Petition CP-97-4 in order to remove the subject
parcel from the Golden Gate Area Master Plan and include the
2.3 acre parcel into the Pine Ridge Road/I-75 Interchange
Activity Center on the Future Land Use Map and limit its use
to Health Services.
Cons The subject petition is designated Golden Gate Estates
on the Golden Gate Area Master Plan and Future Land Use
Element of the Growth Management Plan. Under the existing
circumstances, the subject rezone from "Estates" to C-1/T is
inconsistent with the Golden Gate Area Master Plan and
Future Land Use Element of the Growth Management Plan.
Summary Findinqs~ In order for the proposed petition to be
in compliance with the Future Land Use Element of the Growth
Management Plan, companion Petition CP-97-4 must be approved
by the BCC prior to the hearing of this petition.
The existing land use pattern;
Pro/Cons Evaluation not applicable.
Existing:
The subject site is currently undeveloped. The
property is zoned Estates and is primarily
wooded.
Surrounding:
North -Pine Ridge Road (C.R. 896) right-of-
way. Further north is the Vineyards
PUD commercial development "Crossroads
at vineyards", presently developed
with a Publix Shopping center with
associated retail shops. Also, the
Cleveland Clinic medical facility is
under construction west of the
shopping center,
-1-
also loc~-
Vineyards PUD and the
Activity Center.
Interchange
East - Property to the east is zoned Estates.
The property ,:asr and contiguous to
the subject site is currently
undeveloped. However single family
residences are developed further east
along the north and south sides of 10'~
Avenue S.W.
South'- 10th Avenue S.W. right-of-way. Further
south is Estates zoning with single
family residences on 2.25 acre lots.
West - Napa Boulevard right-of-way. Further
east is the Astron Plaza PUD. Astron
Plaza is 7.23 acres in size,
undeveloped, and located within the
Interchange Activity Center. Approved
uses include medical and health
related services, professional and
business offices and a restaurant.
The possible creation of an isolated district unrelated to
adjacent and nearby districts~
Pro/Cons Evaluation not applicable.
Pummary Findin.qs, The parcel is of a sufficient size that
it will not result in an isolated district unrelated to
adjacent and nearby districts. The property is contiguous
other zoning classif±cations that essentially permit the
same uses.
Whether existin~ district boundaries are illogically ~rawn
in relation to exi~tin~ conditions on the property proposed
for chan~e.
Pro/Con, Evaluation not applicable.
Summary Findin=s, The C-1/T district boundary is logically
drawn in relation to existing conditions and the district
boundary represented in Petition CP-97-4. The rezontng
action does not change the fact that development is for
commercial purposes which is presently inconsistent with the
Golden Gate Area Master Plan and Growth Management Plan.
However, approval of Petition CP-97-4 will mak~ ~h~s
petition consistent with the Growth Management
-2-
lan~~
JAN 1 3 1998
~he~her changed or cha~gi~q condit~ons ~ke ~h~ ~assage o£
the ~roposed ~menc~nent nac~ssa~o
Fro, The subject property is surrounded on tw~ sides by
an Interchange Activity Center.
Petition CP-97-4 is a companion item to this
petition, which will have the effect of bringing the subject
site into compliance with the Growth Management Plan.
Con~ -The, subject property, is currently zoned Golden
Gate Estates on the Golden Gate Area Master Plan and" Future
Land .Use Element and Map of the Growth Management Plan. The
intent of the Estates District is to provide lands for low
density single family development on lots 2.25 acres in
size. The proposed rezone from Estates to C-1/T is deemed
inconsistent with the Golden Gate Area Master Plan and
Growth Management Plan.
.~.~.S~rv Find~n~sr~ .Th~ Comprehensive Planning ~taff has
prepared a Growth Managemen~" ~lan amendment (Pet'~ti6n No.
CP-97-4) as a companion to this petition in order to remove
the subject parcel from the Golden Gate Area Master Plan and
include the 2.3 acre parcel into the Pine Ridge Road/I-75
Interchange Activity Center on the Future Land Use Map and
limit its use to Health Services. Staff is of the opinion
that BCC approval of Petition CP-97-4 would make the subject
petition consistent with the Growth Management Plan.
Whether the proposed change will adversely in£1usnce living
conditions in the neighborhood;
pro/Con~ Evaluation not applicable.
~ry Findin~s, The proposed change will not adversely
,~;~nfiuence~t,ivi~g:~o~di~iO~S,..,~n ~the n.~~r~ ~.se: the
recommended development standards and otherc~hultlons for
approval have been promulgated and designed to ensure the
least amount of adverse impact on adjacent and nearby
residents. Furthermore, the proposed project provides a
transition between the Interchange Activity Center
Commercial '" Uses and the surrounding residential
neighborhood.
-3-
,JAN 1 3 1998
pg. /~'
Whether the proposed change Pill create or excessively
increase traffic congeJtion or create typeJ of traffic
deemed incompatible with ~urrounding land uses, because of
peak volume, or projected types of vehicular traffic,
including activity during construction phaJe~ o£ the
development, or otherwise affect public eafet¥.
Con~
(i) Development of the subject property is consistent
with provisions of the Traffic Element of the GMP,
therefore traffic intensity should not adversely
affect the comfort and safety of existing users on
adjacent public roads.
(ii) A total of two ingress/egress points are provided
on Napa Boulevard Extension of which shall comply
with the County's Access Management Plan.
(iii) The subject property is located adjacent to the
County's arterial road system.
(i) As urban intensification increases, there is some
loss of comfort and ease of travel to the motoring
public. However, by law this degree of discomfort
is regulated by concurrency requirements.
(ii) In the short run construction traffic is necessary
for commercial development, and this may be
irritating to local residents.
~B~marv Findinas, 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. Additionally
certain traffic management system improvements are required
as a condition of approval (i.e. turn lanes, street lighting
dedications, etc.). In the final analysis all projects are
subject to the Concurrency Management system.
Whether the proposed change will create a drainage problem~
Road improvements precipitated by this development
and water management improvements to accommodate site
development are designed to accommodate the normal
requirement.
-4-
JAN 1 1998
Con~
Urban intensification potentially can heighten the
occasion for area-~:ide flooding under the more severe
rainfall event.
~wmnarv Findinas~ Every project approved in Collier County
involving the utilization of land for some land use activity
is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a
condition of approval. This project was reviewed for
drainage relationships and design and construction plans are
required to meet County standards as a condition of
approval. In the event area wide deficiencies develop,
which deficiencies would bm further exacerbated by
developing vacant land, the County is required to react
through its Concurrency Management system.
Whether the proposed change will seriously reduce light and
air to adjacent areas~
Prg/Con; Evaluation not applicable.
summary Findings, All projects in Collier County are
subject to the development standards that are unique to the
zoning district in which it is located. These development
standards and others apply generally and equally to all
zoning districts (i.e. open space requirement, native
vegetation provisions, etc.) and designed to ensure that
light penetration and circulation of air does not adversely
affect adjacent areas.
10. Whether the proposed change will adversely affect property
values in the adjacent area;
Pro:
The applicants development standards, landscape
buffers, traffic circulation and architectural
standards reflect a quality project.
There is no way to guarantee that this project
will be marketed in a manner comparable to
surrounding commercial development in the
Interchange Activity Center.
Summary Findinas, This is a subjective determination based
upon anticipated results which may be internal or external
to the subject property that can affect property values.
Property valuation is affected by a host of factors
including zoning, however zoning by itself mayor may not
affect values, since value determination by l~w~
market value. The mere fact that a property
zoning designation may or may not affect
value] JAN 1 3 1998
-5-
ll. Whether ~h~ propossd ch~g~ w~ll b~ · da~errsn~ ~o ~ha
improvement or development of adjacent property in
accordance with existing regulations;
~ro/Con: Evaluation not applicable.
Summary Findin=s~ The basic premise underlying all of the
development standards in the zoning division of the Land
Development Code is that their sound application when
combined with the administrative site development plan
approval process, gives reasonable assurance that a change
in zoning will not result in a deterrence to improvement or
development of adjacent property. The change will result in
a change of use of the property, however it will allow the
property to be developed with uses at lot dimensions and
development regulations which are already common to the
surrounding, developed neighborhood.
12. Whether the proposed change will constitute a grant of
special privilege to an individual owner as contrasting with
the public welfare;
PRO.' (i)
Granting the requested rezoning will permit the
developer to develop the property similarly with
other properties within the Interchange Activity
Center.
Pro: (ii)
The site will act as a transition to adjacent
residential property.
Pro, (iii) The project's development standards are similar
to the Estates development standards.
Con:
The subject site is adjacent to developed and
undeveloped Estates zoned single family lots.
The local residents may perceive the proposed
change as a grant of special privilege.
S~rv Findin,s: Approval of Petition CP-97-4 companion to
this petition, will find this petition in compliance with
the Growth Management Plan, a public policy statement
supporting zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact the proposed
change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a
public welfare relationship because actions consistent with
plans are in the public interest.
-6-
JAN 1 3 1998
cannot be used in accordance with ex£sting soning~
Pro/Con~ Evaluation not applicable.
Summary Findinas~ 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. Approval of Petition CP-
97-4 would include this site into the Interchange Activity
Center, which primarily consist of medical, office and
retail services.
14.
Whether the change suggested is out of scale wi~h the needs
of the neighborhood or the County;
Pro/Con= Evaluation not applicable.
~ummar~ Find~nqs~ BCC approval of companion petition CP-97-4
will setforth the petition's compliance with the Growth
Management Plan, a policy statement which has evaluated the
scale, density and intensity of land uses deemed to be
acceptable for this site.
15. Whether it is impossible to find other adequate sites in the
County for the proposed use in districts already permitting
such use.
Pro/Co~ Evaluation not applicable.
Stmmmrv Findina~, There are many sites which are zoned to
accommodate the proposed development. This is not the
determining factor when evaluating the appropriateness of a
rezoning decision. The determinants of zoning are
consistency with all elements of the GMP, compatibility,
adequacy of infrastructure and to some extent the timing of
the action and all of the above criteria.
16.
The physical characteristics of the property and the degree
of site alteration which would be require~ to make the
property usable for any of the range of potential uees under
the proposed zoning classification.
Pro/Con, Evaluation not applicable.
Summary Findinqs~ The normal disruption ~of "amev k sa
attendant to the development phase is to be
this extent a selective amount of native vegetation will be
removed and certain fill activity will be required to
prepare the site. The applicant proposes to develop two
buildings on-site while maintaining as much of the upland
native vegetation as possible for buffering and esthic
purposes.
1'/.
The impact of development on the availability of adequate
public facilities and services consistent with the levels of
service adopted in the Collier County Growth Management Plan
and as defined and ~p. lemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Cont Evaluation not applicable.
Summary Findi~q~l Public facilities are available, and
their Level of Service is commensurate with Adequate Public
Facilities standards.
NOTE:
GMp as used herein means
Management Plan.
the Collier County Growth
FLUE means the Future Land Use Element of the GMP.
PUD-9?-2 REZONE FINDINGS/md
-8-
JAN 1 3 '1998
APPLICATION FOR PUBLTC NEARING
REZONE AND CONDITIQNAL QSE REOUESTS
PLANNED UNIT DEV~-LOPMENT REOUE~T-~
CO'UNITY DEVELOPMENT DIVISION
CURRENT PLANNING
Nane of Applicant(s)
Applicant's Mailing Address 4081 Tau/amS Trail North. St._ ce~n~
City Naples State Florid! Zip 3~I02
Applicant's Telephone Nunber: R~m.~ Bun.: (~41) 4~
Is ~he applicant the owner of the subJecC propor~y?
Yes x No
.... (a) IE applicant is a land trust, so indicate and nlme
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.
x
(e) If appllcan~ 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 addres~
belog.
Frank H. Dumars and Olympe C. Dv_~_s_rs
541 Boone Road, Hosch~on, Georgia 30548
(If space is inadequate, attach on separate page.)
2~. Na~e of Agent Bruca Anderson
Agents Ma£11ng Address
_ Fi~m _Youna. VanAssendera a vnrnadoe
. 801 Laurel Oak Drive.
Telephone Number: Res.: .... Bus.:
Robert Duane - Hole, Honcss & AssociaCsa
715 Tenth Street SouCh
Naplas. FL 34102
(g&l) 262-.617 (Bus/ness) (Ho~e) (g&l,~ 3~3-&167
Zip 34108
(941) 597-2814
,JAN 1 1998
EGAL DESCRIPTION OF TI~ PROPERTY. COVERED DY_THE
3.. DETAILED L __ _ ach on se &ra~o psg
APPLICATION (Xf space ~s ~nadoqtlato, at~ P distr~ct,
uest involves change to l~rrl that1 one z0nin, g _
I.f r.e~ ....... *- ,e~al dsscr:~pt:~on for
survey (1" ~o 400' scale).
TI~ APP~ICART IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCZ~INING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION 17 _ TOWNSHIP _ 495 RANGE _ 26E
Sat A~&ched
Size of property _ a~& _ft. X l~q ,.ft. Acres .2.0 _
Address or location of subject proper~y sou~heas~ corner of Napa Blvd.
and P~na R~dse Road
Existing land eleva~ion ~10 ,, County Flood Criteria
Elevation X _
a. Da~e sub~ec= proper~y acquired ( ) or laased ( ):
day o~ _~ 19__
Term of lease ~s./mos.
b. If, petitioner has option to buy, indicate da=e of
option: N.A. and data option termi~ates: Jb~-----'
Does property o~mer.ovn con.ti_quo.us p.rOl?rty.t.o.tha
conl:iquous properl:y. (IE space ~s ~nadequate, att:ach on
separate page).
X
x
THIS APPLICATION IS INTENDED TO COVER: (Check ~hich typ~ of
pa=ition your ara rlquelt~ng)~
A. REZONING= PRESENT ZONING _.~_.RE~UESTED ZONING C-I/T ,.
FOR
B. CONDITIONAL USE ~4 OF C-I/T ZONING FOR _Hedical Clinc.
JAN 1 3 1998
REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional
sheets if neceesary) c -
11. ZS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS?
Yes X No
.~S,.P~DE COPY OF THE DEED RESTICTIONS.
12. IS THIS REQUEST A RESULT OF A VIOLATION? No IF SO, TO
WHOM WAS THE NOTICE SERVED? .
13. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE
LAST YEAR? IF SO, IN WHOSE NAHE? L No
14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No _TYPEt
CBS , FRAME , MOBILE HOME ., OTHER
We, being f~rst duly sworn,
depose and say ~ha= ! am are the owners of the property described
herein and which ia the sub~ect ~atter of the proposed hearing;
~hat 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 applicat~on, are hones~ and ~rue to ~he best
of our knowledge and belief. I understand this applica~ion must
· completed and accurate before · hearing can be
further permit the undersigned to act as our representative in any
ma~ters reqardi~g this Petition.
SIGNATURE OF OWNER
SIGNATURE OF OWNER, Contract Purchasez
SIGNATURE OF AGENT
State of Florida
County of Collier
,. / ,The foreg~ing Application was ack~gvledged ~efore me this
~. day of ~\~/~11.~ , 19~ by ' ~ ~ ., , Vho
s~-~so~ally k~own ~o me~r who has p.ro. duced
tJ ~s ~den~lf~ca~on an~ who did (d~d
~ake an oath.
NOTARY PUBLIC
serial/commt.s on
~y Commillion
~EZONE/CU APPLICATION/md/?/27/92
3
JAN .1. 3 1998
THIRD ADDENDUM TO AGRK£MENT FOR PURCHASE AND SALE
This THIRD ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE ("Third
Addendum") is made and enm~-d into by and ~ FRANI~ H. DuMARS and OLYMPE C.
DuMARS (hereinafk'r refen~ to as 'Seller") and J. THOMAS CONROY, IH, TRUSTEE, and or
his assists (hereinafter r~fen'ed to as "Buyer").
BACKGROUND
WHEP,~AS, Buyer and Sellcr desire to enter into that ccrta~ Sales Contract (Not for
Condominium) ("Contr'~~) to which this Third Addendum is attached.
WHEREAS, Buyer and Seller hav~ pr~ously executed that certain Addendum to
Agreement for Purchase and Sale ("Addendum"), which Addendum shall remain in full force and
effect except as modified by this Third Addendum.
WHEREAS, Buyer and Seller have also previously executed that certain Second Addendum
to Agl~ernent for Purc~e and Sale ("Addendum"), which Second Addendum shall r~main in full
force and effect except as modified by this Third Addendum.
WHEREAS, Buyer and Seller desire td modify and add certain terms and conditions to the
Contra~ and Addendum and Second Addendum.
NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable
consideration, the adequacy and receipt of wtgch is hereby acknowledged, the parties hereto,
intending to be legally bound, do hereby a~r~e as follows:
1. The above r~citals ar~ true and corr~ and incorporated herein by reference.
Buyer and Seller ag~'e that Buyer's Inspection Period shall extend to twdve (12)
months from the date ofthis Third Addendum. Closing shall take place thirty (30)
days from the expiration of the Inspection Period, Buyer shall have the right to
waive further inspections, by written notice to Seller. Buyer timber agrees to provide
to Seller copies of all tests, surveys, inspections, as well as an assignment of any
documents obteined by Buyer as a result of these inspections and/or petitions to
rc~one the property.
3. All other terms and conditions ofthe Contract, Addendum and Seco:
shall remain the same.
fu~ ! of 2
JAN 1 3 1998
IN WITNESS WHEREOF, the parties hereto have ex~cuted this Third Addendum the day
and year set i'onh above.
Witnesses to Seller.
"SELLER"
Witnesses to Buyer:.
.J:TI~I. O.MAS CONROY, TRUST~ and or
Pap 2 of 2
JAN 1 3 19981~
,--.-,.
TInS INDENTUREmidethb ~' , d~yor ~'7~J,~,~'~.~ .A.D. 19~.
lin _-- o[ the la'si l~rl ind the STATE Of FLORIDA. foe Ihe tu~ ind ben~l'it of Ihe .q;tlle ar Florida Dele. merit
Trlmp~tltioa. - petty a[ Ihe second pert.
elba ~l~ble ce~dentio~. ~, tmi~ et whkh b hereby ackn~l~led, do ...... hfrby ~lnt. htl~n. ~U.
That p:~"t of Tract hl, Unit 33, COLD~! GA~r. EST,%Tt~, a s~ton of ~1
accordant: to the ~l~t tBereofe recorded L~ Pl~t ~ok ~t ~oce ~, o~ the
Public ~ecor~ of Collier Co~t ~o~d~, lying vl~in the fo~t~
d~cribcd bondages to vii:
COH:r. IlC~: at the /Iorthve~t corner of aaid .~cctic~ 17; thence r~ ~o~ the
to the ~o~v~t co.er of a~ tr~ ~d the ~ZI~ OF B~Z~IlUC; thence
c~ntinue ~ouG c~ llo~h l~ne 5~.1~ feet; thence r~ 5o~h OOe~5~~ :~t
~ diet.ce of ~b.OO feet; thence r~ So~ ~e3~'~b~ ~t a ~t~ce of
55.9~ feat to u ~tnt on the ~lst
Vest line lior~ ooelo'klfl W~t a ~at~ce of ~k.00 fee~ to the ~ll~ OF
Conic. thin6 L~tlt~O ~qulu'c feet (0.2G2 &crc), more or la::.
Tocathcr uith G/I rlc~]t~ 0£ lncr~u:,, egret=, light, Gtr ~d vtc'~ bc~ccn
thc t:r~tor~~ rcm~'Ln:LnG prol~erty cmd. e~- facility cof~%ructcd on %he abo~e
de~c~-:Lbcd properly o
~J~O
COIIICUCC at the ilorthvcnt corner of s~Ld ~cction 17; thence r~ ~ora~ ti~e
~lorLh l~nc of =~ ~ectlon JJo~ ~°3ktlb" ~t a ~t~cu of 1,0~.~ feet
Lo the ;IorUie~t co~cr Of I~d trot ~d the ~1I~ OF UICI;P~IliG; thunce
rmt nlonG the r~t linc of .~d trot South ~elO*kl" ~ a ~:t~ce of
1~,00 feet; thence r~ Cobh ~°3~'2a' ~t a ~stancc of 1~,01 feet;
Lhence r~ 5ouCh ~O°~'~n ~t ~ GLst~cc of 5~.13 fcct to a ~int on thc
5o~h l~ne of o~d trot; thenc~ rmt ~onG ~e s~d ~uth line
· J°31'~9" Uc~t ~,~J fectt thence ~ Ho~h 00°2~'~3' ~t a d~t~cc
I,~..fG feet; the.co r~ Uor~ ~°3~'~b" r~t ~ ~Gt~ce of ~.~ feet;
the~ace rm UorU~ OOe~e~" ll~t a dL~:~ce of ~.00 fcct to ~ point
','~ the IIo~h line of ~d tract; thence ~ ~o~ s~d ~orth ~Lne llo~h
, e ~t G dLGtm~ce of 2T3.08 feat to the ~l[~ O~
:L."'.='.'
,. W
*~ ~l ~ a~l~i~a[ f~: I~ Ihe u~ ~l ~ et Ihe ?hi ~fl do. ~by t~y ~am m~
I~ te m~ b~ a~ ~fl defc~ the m~ a~l Iht b~
S;s~d. ruled ind dflh~td
in Ihe i~escncf o1':
ISEAJ.)
TRAFFIC IMPACT ANALYSIS
The proposed Pena Medical Clinic located along the east side of Napa Blvd. and Pine Ridge
Road has less than 200 feet of frontage on Pine Ridge Road and access will be provided from
Napa Blvd. The proposed medical clinic will be comprised of about 12,000 S.F. Ther~ are
several standards in the Collier County C-rowth Management Plan and Land Development Code
that have a bearing on the review of this petition. Policy 5. I of the Growth Management Plans
Tn.eric and Circulation Element defines a significant impact as projects generating to or ~reater
than 5% of service level C peak hour oran impacted roadway. Section 2.2.12.6.3 ofthe LDC
provides for additional standa'ds in the C.I/r Disiric~, and requires that the proposed use mus~
not generate in excess of 5% of service level C peak hour volume desi~ capacky on abuning
s~e~s that provide access to the project. The conclusion of this Traffic Analysis, based on a
review of both Average Daily traffic volumes, and peak hour ~raffic volumes for both Pine Ridge
Road and Napa Blvd. is that projected traffic is not significant, in accordance with the above
su~ndards and based on the tables provided below.
The average weekday trips per 1,000 S.F. of floor area, according to Institute of Traffic
Engineers Sth Edition of Trip Generation is 23.79 trips per 1.000 S.F. on a weekday (land use
630 clinics, page 934). Therefore, the Anticipated Trip Generation is 295 trips on a weekday for
the proposed clinic.
The Peak Hour Trip Generation may be calculated, based on the number of doctors for which
two are anticipated to staff the clinic and the number of employees for which there may be up to
18. Trip Generation anticipated for (land use 630) a clinic is 4.43 trips generated on a weekday
during peak hours for each doctor and .90 for each employee. Therefore, 25 trips will be
generated during the peak hour.
Generalized Capacity Analysis (ADTI
Trip Generation % Capacity
Pine Ridge Capacity
41,000 295 .007
Napa Blvd. Capacity
6,000 285 4.7
Pine Ridge Road carried 28,378 vehicles per day in 1996 at this location. Based on a 6% growth
rate of traffic, it is expected to increase to 31,855 by 199g. Therefore, the 285 average daily trips
added to projected 1998 traffic will not lower the level of service or have a significant impact on
Pine Ridge Road because it is less than 1%.
JAN 1,3 1998
_,3/
Napa Blvd. is estimated to have a design capacity of 6,000 vehicles per day at service level C
capacity according to Ed Kant of'the Collier County Transportation Department. Average Daily
Traffic, therefore, based on 285 trips is 4.7% of service level C of Napa Blvd., or less than
GenerslL~ed Cn.nne|~ Penk Hour D|reefonnl
Peak Hour Peak Trips
Peak Hour Capacity
Pine Ridge Road
1,530 (service) 25 1.6%
Napa Blvd.
520 (service) 25 4.7%
Based on the peak hour capacity of both Pine Ridge and Napa Blvd., trip generation is within the
peak hour capacity of Service Level C. Therefore, traffic impacts are not deemed significant and
are within the standards established by the LDC and Growth Management Plan. No mitigation,
therefore, is proposed for the planned medical center.
W:~I996~96046VtLD~TRAF~C.DOC
March 14,1997
Mr. Bryan Milk
Project Planner
Collier County Planning Services
~t Planning Department
2500 North Horseshoe Drive
Naples, Florida 34104
SUBfECT:
Application for Rezone and Conditional Use
Perm Medical Clinic
HMA File No. 96.46
Dear Mr. Milk:
Please fred enclosed 17 copies for an Application for Rezone and Conditional Use for 21/4 acres
from ~e Estates Dislrict to the Commercial Professional Transitional District (C-I/T).
As a companion item to the rezoning petition, is an application for a Conditional Use for Health
Services to permit a medical clinic. Thc subject property is located at the intersection of' Napa
Way and Pine Ridge Road (east side) and is also depicted on the aluched location map and aerial
photo contained as pan of the rezoning submit,al. Pursuant to Section 2.7.2.13 of thc Land
Development Code, this rezoning and Conditional Use petition are requested for a single specific
use, that of a medical clinic. No other uses are reque,~ted.
The subject proptniy contains 2.3 m and has 189 feet of frontage on Pine Ridge Road.
The property ex.ends to a depth of $33 feet along Napa Way which provides access to thc
subject property (see attached Master Concept Plan). The property is directly across the
street from an Activity Center depicted on the County's Future Land Use Map, which is
located on thc west side of Napa Way. Lands located in thc Activity Center are vacant
and zoned for an 18 acre Planned Unit Development known as Antron p!n,n Astron
Plaza is owned by the Cleveland Clinic, although their cun'ent plans ate to conannict this
facility on the north side of Pine Ridge Road in the Vineyards. Access to As~n Plaza is
also proposed from Napa Way. Lands to the south of the subject property m zoned
Estates and ar~ developed with intermittent single family homes, as ~
south of Astron Plaza. Land immediately to the east of the sub~ect
Mr. Bryan Milk
Application for Rezone and Conditional Use; Perm Medical Clinic
HMA File No. 96.46
March 14, 199'/
Page 2
zoned Estates sad am presently vacant. Lands to the north of Pine Ridge Road am
developed with commercial uses on ten acres which comprise the Vineyards
neighborhood center. Between 1-75 and the Vineyards neighborhood ¢¢ater is vacant
commercial land also contained in the Vin~yazds PUD. (See attached Master Plan for
Astron Plaza.)
In summary, the subject property fronts on Pine Ridge Road and is located bordered on
two sides by planned commercial centers and bordered on the other two sides by
residential uses. Therefore, the subject property is wansitional in nalure and is no longer
suited for a single family dwdling. This is because of changed land use conditions and
increased traffic on Napa Way and Pine Ridge Road. Projected traffic volumes for
Astron Plaza, at the time of rezoning, was 2,500 vehicles ~ day, which will adversely
affect the subject property for residential use. What the property is well suited for is a
medical clinic with limited hours of operation, and development standards thai will
enable the proposed transitional use to be harmonious and compatible with nearby
residential uses.
DEVELOPMENT STANDARDS
To further compatibility with nearby residential uses, the following development standards are
proposed as conditions to be incorporated into the petition for conditional use.
Will be limited to a maximum of one story, similar to nearby residential
Will be limited to a maximum of 12,000 S.F. or a building coverage ratio of about .12.
ARCHITECTURAL STANDARDS
All buildings, lighting, signage, land.w, aping and visible architectur~ infraswuctum shall be
architecturally and aesthetically unified and to lake on the characteristics of a single family
structure. Said unified architectural them shall include: a similar architectural design and use of
similar ma~eriais and colors throughout ail of the buildings, signs, sad walls to be erected on the
site. Landscaping and stree~ materials shall also be similar in design tl
All buildings shall be primarily f'mished in light colors except for decorative ~
m. All Wrb'b'fg i~411
JAN 1 3 1998
Mr. Bryan Milk
Application for Rezone and Conditional Use; Pena Medical CIL-dc
HMA File bio. 96.46
March 14, I997
Page 3
be tile or mc~ and shall be peaked. Decorative pa~pet walls shall be constructed above the roof
lines on fiat roofs, where tile or metal roofs ere not feasible. A concclm~ design master plan
shall be submitted concurrent with the fu~t application for Si~ Ik, velopment Plan approval
demonstrating compliance with these standards, including any applicable requirements of
Division 2.8 of the Collier County Land Development Code pertaining to architectural and site
design guidelines, that may be in effect. (See architectural rendering attached.)
LANDSCAPING AND BUFFER_TNG
In accordance with Division 2.4 of the Collier County Land Development Code, including the
following requirements:
(1)
A twenty (20) foot wide Type "D' Buffer shall be provided along Pine Ridge Road, with
the landscaping as required in Section 2.4.7.4 of the Collier County Land Development
Code, however, trees shall be placed on (20) foot centers.
(2)
Type "C' Buffer shall be provided along 10th Street S.W. with more stringent screening
than required in Section 2.4.7.4 of the Collier County Land Development Code. The
width of this buffer is 15 feet. Trees shall be spaced a minimum offifleen (15) feet on-
center and a single tow of shxubs shall be spaced a minimum of three (3) feet on-center.
(3)
Type "C" Buffer shall be provided along the east property line with similar standards as
enumerated in (2) above, however, a wall treatment shall only be provided adjacent to
parking areas in combination with a berm treatment as depicted on the attached
landscaping plan.
A 36 foot set back and buffer area shall be provided to the rear of the property, which is
supplemented by a 70 foot easement area for i 0th Avenue S.W., that is contained within
the subject property. Therefore, there will be about 60 feet of vegetated area falling
outside the 36 foot buffer zone, depicted on the Masler Plan, for additional separation of
commercial from residential uses on the south side of 10th Avenue S.W.
W.~I~9~MffJ 14.DOC
A minimum of a 40 foot setback and buffer area shall be provided along the cast property
,inc.
JAN 1 3 1998
Mr. Bryan Milk
Application for Rezone and Conditional Use; Pena Medical Clinic
lIMA File No. 96.46
March 14, 1997
Page 4
3)
A 75 foot front yard setback aga and buffer zone shall be provided from Pine Ridge
Rogt.
TRASH R~C]~PTACLES
Trash receptacles sl~ll be screened on three (3) sides by a seven (7) foot high opaque masonry
wall with an opglue gate en the r,~naining side for access, Such rna.sortry wall shall also meet
the ~rchitectural standazds further described in this submittal.
Pole lighting shall be prohibited. Architecturally finished lamppom not exceeding a height of
twelve (12) feet shall be permitted. Lighting shall meet the architectural standards further
described in this submittal. Lighting shall be designed so that glare does not ex~end onto
residential propenies.
Signs shall be permitted as described in Section 2.5 of the Collier County Land Development
Code except pole signs, as described in Section 2.5.8.1 shall not be permitted. Ground signs, as
described in Section 2.5.8.11, shall be permitted but shall not exceed a maximum height often
(10) feet, Signage shall also meet the architectural standards further described in this submittal.
HOURS OF OPERA'I'fON
Limited to weekdays from 8:00 A.M. to 6:00 P.M. and Saturday from 8:00 A.M. to 2:00 P.M.
PROJECT COMPLIANCE
The Collier County Land Development Code sets forth a number of gandsrds applicable to the
review ofrezoning requests including:
· Standm'ds for the review of uses in C-1/T District contained in Section 2.2.12.6 of the LCD.
Standards contained in Section 2.7.4 of the LDC for the review of Conditional Uses.
WA 1996396046'~2.Ef~ M0314.DOC
Mr. Bryan Milk
Application for Rezone and Conditional USe; pena Medical Clinic
HMA File No. 96.46
March 14, 1997
Pa~e $
, Standards contained in Section 2.7.2.5 of the LDC for the pl~-ing Commission to consider
for rezonings.
The following analysi~ outlines the above requirements and demonstrates how the proposed
project mee~ these requirements.
STANDARDS FOR C-1/T
The C.l/'r District requires a maximum lot width of 200 feet, a maximum floor area of 25,000
S.F., and traffic generation must not gen~ate in excess of five percent of level of Service C peak
hour volume design capacity on abutting sireets that provide access to the project.
The subject property with 189 feet of frontage on Pine Ridge Road and a maximum floor area of
12,000 S.F. complies with the lot width requirement and is far below the maximum d~velopment
intensity permitted. The results of the Traffic Analysis contained within this application
demons'crates compliance with the Service C peak hour requirement. (See aRached Traffic
Study.)
CONDITIONAL USE CRITERIA
Consistency with this Code and Growth Management Plan.
The subject property originally consisted of all of Tract 41, Golden Gate Estates Unit 33,
an approximately 5 acre parcel acquired by the present owners in 1976. In 1979 in
connection with condemnations of property for Interstate 75, the Florida Department of
Transportation acquired just under 3 acres of the parent parcel, leaving the remainder
parcel which is the subject of this petition as a legal non-conforming lot of record. As a
legal non-conforming lot of record, minimum lot size requirements for this lot in relation
to other adjacent property are interpreted differently, in favor of the property owner.
Land use restrictions must be broadly construed in favor the property owner, because
such restrictions are in derogation of private rights of ownership. Rinker Materials Corp..
¥, Citv of North Miami, 286 So. 2d $$2 (Fla. 1973); ~Thomss v. City_ of Crescent Ci _ty,
503 So. 2d 1299 (Fla. Sth DCA 1987). Particularly the courts' holdings are appropriate
in a ca.se such as this where there is a legal non-conforming lot left as a result of a
governmental taking.
JAil 1 3 1998
W:~i~9~MO314.DOC
Mr. Bryan Milk
Application for Rezon; and Conditional Use: Penn Medical Clinic
HMA File No. 96.46
March 14, 1997
Page 6
The subject property, alon$ with the remainder of the orig, iaal parcel, lies directly
adjacent to the Interchange Activity Center in the southeas~ quadrant of Interstate 75 and
Pine Ridge Road. The subject property is designated Estates under the Golden Gate
Master Plan CGGMP") and Future Land Use Element (''FLUE"). The southeastern
Activity Center quadrant has an underlying FLUE designation of Urban and is zoned for
office and medical uses in the form of the Astron Plaza PUD, the same use requested in
this Petition. Section I, GGMP Inu'oduction states that except for the Countywide FLUE
map and Objective 1, Policies 1.1 and 1.3, all other provisions of the Countywide FLUE
apply to the GGMP.
By reason of the facts that thc subject property (1) is a legal non-conforming lot of
record; (2) abuts the Urban Area Interchange Activity Center, certain policies of the
GGMP and FLUE applicable to the Urban designation may also be applied to Estates
designated property, in those rare instances such as this, where it abuts Urban designated
property. Such policies should be applied to meet the overall intent of the
Comprehensive Plan to encourage compatibility and transition between uses and to
encourage similar uses which support one another to locate in proximity to each other.
Two such policies applicable to the subjec! property are those for Comlrlercial under
Criteria CCUC") and for support medical facilities such as physician's offices located
within a quarter mile of existing or approved hospitals or medical centers. The subject
property meets the intent of CUC in that (1) it is bounded on the west side by commercial
zoning (Astron Plaza PUD) consistent with the Comprehensive Plan; (2) the medical use
requested on the property is one allowed in the C1-T zoning district; (3) the use will not
exceed traffic generation limitations; and (4) the use will not exceed 25,000 square feet of
floor area. Additionally, the subject property is located within a quarter mile of two
locations which have zoning approval for hospital and medical center uses: Astron Plaza
PUD and the Vineyards PUD. This Petition provides for a compatible transition betw~n
Activity Center commercial uses to the west and north, and residential uses to the east
and south; and the Petition furthers the intent of concentrating medic, al uses in close
proximity to one another.
In addition to the foregoing consistency int~tions, the GGlVtP provides for
conditional uses for properties that are considered transitional becaus~ they are directly
adjacent to non-residential uses and generally not appropriate for residential uses. As a
legal non-conforming lot of record, the subjec~ property can be iht
directly adjacent to commercially-zoned property, as it was before the S
I~. Bryan Milk
Application for Rezone and Conditional Use; Pcna Medical Clinic
~ File No. 96.46
March 14, 1997
Page ?
interpreted as exempt from or grandfathcrcd for compliance with 2.5 minimum lot size
contained in the GGMP because of the prior taking.
Ingress to property and proposed structuro thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and
access in case oF fire or catastrophe.
Access to the property will be provided from Napa Way so as to avoid direct access onto
Pine Ridge Road which would not be safe due to the proximity of such acce_,_, to the
intersection of Pine Ridge Road and Napa Way. Furthermore, no access is directly
provided onto 10th Street South to avoid conflicts with residential traffic. Access and
internal traffic circulation is also adequately provided for in case offir~ or catastrophe.
The effect that the conditional use would have on neir, hboring properties in relation
to noise, glare, economic or odor effects.
Special standards have been provided for lighting, and noise treatment, including
extensive landscaping and wall treatments to reduce noise. Due to the nature of the
proposed use odor is not anticipated to be a problem. The project has been designed to be
architecturally compatible with near by residences, therefore, economic impacts are
assumed to be negligible.
4. Compatibility with adjacent properties and other property in the District.
The development standards have been carefully designed to m!nlmi~,e impacts on
adjacent properties. This is accomplished through architectural standards, a one story
limitation on height, setbacks in exce~ of the _minimum LDC requirements, limitations
on hours of operation, special requirements for signage, trash rcccp~lcs, and
landscaping to make the project compatible with adjacent properties.
The following table compares proposed height and setback requirements with LDC
requirements of the C-I/T Disu'ict.
W:~I~M0314.EXX~
JAN 1 3 1998
. r,~ ,~' .._
Mr. Bryan Milk
Application for Rezone and Conditional Use; Pena Medical Clinic
HlviA File No. 96.46
March 14, 199'/
Pase 8
DEV'~LOPMENT STANDARDS
LDC 25 25'l 3~5. 35
Proposed 75 40 2 1 Story
A fifteen foot setback is permiued for portions of the property not abutting residential. (West
property line.)
Does not include an easement area of 70 feet, of which approximately 60 feet falls outside the
paved portion of I 0th Street South, R.O.W.
®
l~ezone Criteria Sect~
tf~ether the proposed change will be consLstent with the goals, objectives, and pollctes
and future land use map and the elements of the growth management plan.
The proposed use is consistent with the Golden Gate Area Master Plan and Countywide
Future Land Use Element, as previously noted in response to number I of the Conditional
Use Criteria.
The existing land use pattern.
As previously noted the location of the subject property is transitional in nature because it
is bounded by two planned commercial areas and is bounded on the other two sides by
Estates zoning. The proposed low intensity transitional use, therefore, is well suited for
the subject property, whereas a single family use is not well suited for the subject
property because of changed conditions, principally, the inmxiuction of commercial
zoning on the west side of Naps Way and commercial ~'affic introduced onto Naps Way
by Astron Plaza.
3. The possible creation of an isolated district unrelated to adjacent and nearby dl~i~Ictr.
Plaza will not create an isolated District unrelated to adjacent or nearby l~stnc~.--'---'~ ~l~
/ ,JAN la 19981
I~. Bryan Milk
Application fcr Re. zx)ne and Conditional Use; Pena Medical Clinic
HMA File No. 96.46
March 14, 1997
Page 9
4. Fl~ether ~r~ng district boundaries are Illogically drawn In relation to ~tlng
conditions on the property proposed for change.
The proposed C-I/T District boundary is logically drawn in relation to exi~ng conditions
on the property which abuts both an arterial and local roadway that provides acc~s to
commercial uses.
Whether changed or changing conditions make the pazsage of the proposed
amendment necessary.
Conditions have changed on the subject property with the re'zoning of Astron Plaza,
which also uses Napa Way for access. Increased iraffic on Napa Way with the
development of Astron Plaza makes the subject property less suitable for residential uses,
and more suitable for a transitional or lower intensity commercial use.
Whether the proposed change will adversely Influence living conditions In the
neighborhood.
The proposed rezoning combined with the proposed developmem standards will not
adversely influence living conditions in the neighborhood.
e
Whether the proposed change will create or excessively Increase traffic cangestion or
create type~ of traj~llc deemed Incompatible with surroundIng land utes, became of
peak votumes or projected types af ~Mcular tra.~ic, Including activity dieting
construction phases of the development, or otherwise affect public safety.
The proposed use will generate about 2~ trips during the peak hour or about 285 trips per
day. These traffic volumes are not significant and well within the capacity of both Pine
Ridge Road and Napa Way, and will not adversely affect public safety.(See also Traffic
Study.)
8. Whether the proposed change will create a draInage problent
The proposed use will not create a drainage problem. (See anach~ Conceptual Water
Management Plan.)
Whether the proposed cbenges will tertoarly reduce light end air to ~
JAN la 1998
I II IIIII II II I II I II I I I I I I III
Mr. Bryan Milk
Applicaxion for Rezone and Conditional Use; Pena Medical Clinic
HMA File No. 96.46
March 14, 1997
Page 10
10.
The proposed use will not seriously reduce light and air to adjacen! areas because of the
d~,,elopment ~'tandards proposed including limitations on height (one story) and generous
setbacks provided. (See Master Plan.)
Whether the proposed change will adversely affect property values in the adjacent area.
The project v, ith the proposed development standards is compatible with nearby
residential uses. therefore, it should not adversely affect property values.
11.
Whetker the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
The proposed zoning change with the landscaped areas, wall treatments, and setbacks
provided will not be a deterrent to the improvement or development of adjacent property.
12.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
The proposed change will not grant a special privilege as contra~ed with the general
welfare because the proposed usc is appropriate for this location for reasons as noted.
13.
Whether there are substantial reasons why the property cannot be used In accordance
with existing zoning.
The subject property is no longer suited for a single family use because of its location
across the street from a planned commercial development anticipated to have in excess of
I00,000 S.F. that will generate commercial traffic (:t:2,~00) vehicles per day on Napa
Way, based on a Traffic Study submitned at the time of the rezoning of Astron Plaza.
Therefore, emerging traffic patterns in the general area are not conducive for single
family residential development.
W:H 99~'~4~Pd.D~M0314.DOC
Mr. Bryan Milk
Application for ~ Rezone and Conditional Use; Pena Medical Clinic
HMA File No. 96.46
March 14, 1997
P~e 11
14.
g/ltetber the change suggested l~ out of scale with the need~ of the neighborhood or the
¢oynty.
The zoning change is not out of scale with the needs of the neighborhood or County,
because it is designed to be compatible with adjacent and nearby land uses.
15.
N~hether it ls impossible to find other adequate slte~ in the county for the proposed are
In di~trict~ already permittlng such are.
There are other sites that could accommodate the proposed use, but the subject properties
location in the vacinity of the proposed Cleveland Clinic is ideally suited for a medical
clinic since the property is no longer suited for a single family use.
16.
The physical characterirtiar of the property and the degree of site alternation which
would be required to make the property arable for any of the range of potential are~
under the proposed ~onlng classification.
The physical characteristics of the property, including its size and configuration sro wall
suited for the proposed use, and allow ample ar~a for additional scr~ning and buffering.
17.
The impact of development on the availability of adequate pubilc facilitie~ and service~
consirtent with the levels of service adopted In the Collier County growth management
plan and as defined and Implemented through the Collier County Adequate Public
Facilitiex Ordinance [Code ch. 106, art. II], as amendet~
The development will not lower the adopted level of service standard for any public
facilities to support the project.
In summary, based on the foregoing analysis, the proposed medical clinic is well suited for the
subject property which is no longer suited for a single family use. Afl analysis of pertinent
requirements of the LDC and the Golden Gate Area Ma.s-~r Plan and the Collier County Growth
Management Plan dcmonsu'~tes the proposed medical clinic can be found in compliance with all
pertinent County requirements and is worthy of your favontble consideration.
JAN 1 3 1998
Mr. Bryan Milk
Application for Rezone and Conditional Use; Pcna Medical Clinic
HMA File No. 96.46
March 14, 1997
Page 12
Thank you for your consideration in this matter.
Very truly yours,
HOLE, MONTES AND ASSOCIATES, INC.
Robert L. Duane, A.I.C.P.
Planning Director
RI.D/dj
Enclosures
W:% 1996~96046'dU.I:}~MQ314.E)C)C
PETITION
TO THE BOARD OF
COLLIER COUNTY COMMISSIONERS
RE: RF.7.,ONING REQUEST
R-97-2 FROM "E" TO C-lfr
TRACT 41 UNIT 33
THE UNDERSIGNED, ALL BEING RESIDENTS OF 10TH AVENUE S.W. AND
WEST OF LOGAN BLVD. DO OPPOSE ANY ATTEMPT TO COMMERCIALIZE
ANY PORTION OF OUR STREET. WE ARE A RESIDENTIAL NEIGKBORHOOD
AND EXPEC'P IT TO REMAIN THE SAME: WE DO NOT WANT COMMERCIAL
BUSINESSES ON OUR STREET. WE DO NOT WANT COMMERCIAL BUSINESS
BACKING UP TO OUR STREET. WE DO NOT WANT COMMERCIAL TRUCKS
SERVICING ANY BUSINESS ESTABLISHMENTS ON OUR STREET.
NAPA BLVD. ONCE SERVED A U~EFUL PURPOSE TO CONNECT TO PINE
RIDGE ROAD. NOW IT IS BEING USED AS A SHUNPIKE TO CIRCUMVENT
THE TRAFFIC LIGHT AT LOGAN BLVD. AND PINE RiDGE RD, WITH
VEHICLES GOING IN EXCESS OF 60 MPH. ALL THE OTHER AVENUES IN OUR
CLOSE PROXIMITY ARE DEAD ENDS AND DO NOT HAVE A HINT OF
POSSIBLE COMMERCIALIZATION. WHY SHOULD WE BE ANY DIFFERENT?
WE OPPOSE ANY REZONING.
JAN 1 8 1998
PAG£2~'.~ f~ ~ ~ O
JAN 1 8 1998
2
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SO
ORDINANCE NO. 98-
AR ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER GGE25 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
NAPA BOULEVARD AND PINE RIDGE ROAD (C.R.
896), CONSISTING OT THE EAST ~ OF TRACT 41,
UNIT 33, GOLDEN GATE ESTATES, IN SECTION
17, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, FROM 'E" ESTATES
TO C-1/T FOR A MEDICAL CLINIC; PROVIDING
FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Bruce Anderson of Young, vanAssenderp and
Varnadoe, and Robert Duane of Hole, Montes & Associa~es,
representing Doctor Manual Pena, petitioned the Board of County
Commissioners to change =he zoning classification of the herein
described real proper=y;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more
particularly described by Exhibit "A', attached hereto and
incorporated by reference herein, and located in Section 17,
Township 49 South, Range 26 East, Collier County, Florida, is
changed from 'E" Estates to C-1/T and the Official Zoning Atlas
Map Nu~er GGE25, as described in Ordinance 91-102, ~he Collier
County Land Development Code is hereby amended accordingly. The
herein described real proper~y is ~he same for which =he rezone
is hereby approved subject ~o ~he following condi~ions:
a. The conceptual site plan shows ~wo access points from
Napa Boulevard. Access may be cons~rained
to a single poin~ of entry and exi~ or to one-way in
and one-way our, depending on ~he final si~e layou~.
In any event, an access point shall be located no
closer ~o Pine Ridge Road than the minim~ distance
specified in Resolution 92-422, the Collier County
Access Managemen~ Policy.
JAN ! :3 1998
2
4
I
10
12
22
24
25
31
32
31
39
40
41
42
44
4~
¢!
49
b. The County reserves the right of access control onto
Pine Ridge Road. Nothing in any development
issued by the County shall operate to vest any
to a median opening in this project, nor shall the
County be liable for any claim of damages due to the
presence or absence of any median opening at any
point along any road frontage of this project or on
Pine Ridge Road.
c. Substantial competent evidence shall be provided by
the developer to the effect that the project is
designed to provide capacity and treatment for
historical roadway runoff. In addition, site
drainage shall not be permitted to discharge directly
into any roadway drainage system.
d. The County may require additional right-of-way for
the stx-laning of Pine Ridge Road. The County
reserves the right to acquire right-of-way for the
Pine Ridge Road pro,act at a fixed cost of land and
improvements without severance damages at the time
needed. The basis of cost for any such acquisition
shall be at the present market value based on the
present zoning or on the applicant's cost to acquire
the land, whichever is less.
e. ~n appropriate portion of the native vegetation shall
be retained on site as required in Section 3.9.$.$.4
CCLDC, as amended.
f. ~n exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preserva~ion areas,
shall be submitted to Current Planning Environmental
Review Staff for review and approval prior to final
site development plan approval.
Building heights shall be limited to one story, not
to exceed 25 feet in height.
h. The maximum amount of building floor area on-site
shall not exceed 12,000 square feet.
I. Pe~itted principal uses shall be limited to Health
Services of the Standard Industrial Classification
Hanua1 I~987 edition), groups (8011-8049).
Hours of operation shall be limited to weekdays from
8:00 ~.H. to 6:00 P.H. and Saturday from 8:00
to 2:00
The proposed buildings and site plan shall comply
wt~h the Criteria set forth in Division 2.8
(Architectural and Site Design Standards) of the
Colller County Land Development Code.
The Petitioner shall provide a 6 foo~ tall opaque
architecturally designed masonary wall and/or a 6
foot tall opaque landscape buffer or comb/nation of
both along ~he eastern and southern property
boundaries.
JAN 1 3 1998
2
:3
4
S
The Petitioner shall provide arterial level street
lighting at each pro~ect entrance prior to the
issuance of a Certificate of Occupancy.
The Petitioner shall provide a five foot wide
sidewalk icom 10t" Ave. S.W. to Pine Ridge Road prior
to the issuance of a Certificate of Occupancy.
SECTION TWO=
20 This Ordinance shall become effective when the
11 comprehensive plan amendment upon which it is based becomes
~2 legally effective pursuant to Subsection 163.3187(3)(c),
13 Florida Statutes.
14 PASSED AND DULY ADOPTED by the Board of County
2s Commissioners of Collier County, Florida, this
26 , 1998.
.1_I
20
21
22
24
2S
21
30
34
3S
40
day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
CHA! RMAN
APPROVED AS TO FORM ARD LEGAL SUFFICIENCY
MARJO~/~£ M. STUDENT
ASSISTANT COUNTY ATTORNEY
All of Tract 41, Unit 33, Golden Gate Estates, according to the Plat
recorded in Plat Book 7, Page 60, Public Records of Collier
County, Florida, less and except the following real property:
~ ~ e~ ~ kX, Um&~ 330 ~ ~ IS'f. qTIS, · mmf~dlT&mie~ e~ e3A
JAN 1 3 1998
EXE~ SUMMARY
w.
co ss om .
CO~CA~ON TOUR ON ~ S~~ PROPERS, FOR PROP~ ~A~D
SO~ OF ~ ~IAC~ TO ~O~SSON D~ SO~ ~ ~ST OF AVON
~~~Y SCH~L ~ SE~ON 24, TO~S~ 50 SO~, ~OE 25 ~ST, CO~R
CO~, ~O~A.
The amendment is for the singular purpose of allowing
communication tower on the subject property.
a one.hundred and fifty foot monopole
CONSIDERATIONS:
Collier County Public Services is requesting an amendment to the East Naples Community Park for the
purpose of permitting a one-hundred and fifty foot monopole communication tower on-site by others.
The proposed tower will be located towsrds the center of the park, southwest of the existing termis
courts and adjacent to the preserve which encompasses the southern portion ofthe park.
The proposed tower site is approximately fifty feet by fifty feet square and will be leased by others for
the purpose of constructing the communication tower and telecommunications equipment. The leased
site will be fenced and landscaped with a hedge and canopy trees around the perimeter. The monopole
will be setback 375 feet fi-om existing residential zoning districts; a requirement setfonh in Section
2.6.!;5.6.2.1 of the Collier County Land Devel~ent Code.
In the opinion of staff, the added use authorization docs not change any level of service relationsMp
that was determined consistent when this PUD wes first approved, nor does the usc of property by a
one-hundred fifty foot monopole communic~ion tower adversely affect the residential areas to the west
and north of Thomasson Drive to any greater extent than the currently ~uthorized uses.
Revenue gcnereted from the Ica.sc agreement will be utilized on-site for additional recreational
equipment, park facilities and scholarship programs.
hearing and recommended approval of this petition 6-0.
opposition or in favor of the petition. Additionally,
objecting to the petition.
The Collier County Planning Commission reviewed this petition on December 4, 1997 at their public
During the public hearing no one spoke in
staff has not received any correspondence
FISCAL IMPACT:
This amendment by and of itself will hav~ no fiscal impact on th~ County. Howe~r, if this
amendment achieves its objective, the land will be developed. The mere fact that new development
has been approved will result in a furore fiscal impact on County public facilities. The County collects
impact fees prior to the issuance of building permits to help off-se~ 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:
The East Naples Community Park PUD, was first approved on October 2, 1984 (Ordinance Number
84-70) as a community park. The property is designated Urban within the Urban Coasud Fringe
Subdistrict of the Growth Management Plan.
The Urban Designation provides for non-residential uses including parks, open space and rccmstional
use. When this PUD was approved it met that criteria, and therefore mnains consistent with the Futu~
Land Use Element and Growth Management Plan.
'Nothing has changed since thai approval to call into question any consistency relationship with
clements of thc GMP. The act of adding an additional use does not give rise to any FLUE consistency
finding. We do not find any other elements of the GMP inconsistent as a result of adding the use of a
monopole communication tower.
HISTORIC/ARCHAEOLOGICAL IMPA~:
Pm-suant to Section 2.2.25.8.1 of the Land Development Cxxie, if, during the com'se of site clearing.
excavation or other construction activity an historic or archaeological artifact is found, all dev~lopment
within the minimum area necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
PLANNING COMMISSION RECOMMENDATION:
Thc Collier County Planning Commission recommends approval of Petition PUD-g4-23(1) a petition
to amend the East Naples Community Park PUD for the purpose of glowing a one-hundred and fifty
foot monopole communication tower on the subject property.
PREPARED BY
BRYAN
PRIN~P~R
REVIEWED BY:
~OBt~RT J. MULHERE, AICP
CURRENT PLANNING MANAGER
DONALD W. ARNOLD, AICP
;,/~//'/', ~-
DATE
DATE
C,~UTEI~O, ADMN~ISTRA'TOR DATE '
COMIMLTNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-~4-23(l) EX SUMMARY/md
AGENDA ITEM 7-C
TO:
FROM:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DrvISION
DATE:
RE:
NOVEMBER 7, 1997
PETITION NO:
PUD-S4-23(1), EAST NAPLES COMMUNITY PARK PUD
OWNER/AGENT:
Agent:
Thomu W. Olliff, Administrator
Collier County Public Services
3301 Tamiami Trail East
Naples, Florida 34112
Board of County Cornmissioners
3301 Tamiami Trail East
Naples, Florida 34112
IZEOUESTED ACTION:
The petitioner is requesting an amendment to the East Naples Community Park for the purpose of
adding to the list of principal uses "monopole communication tower".
GEOGRAPHIC LOCATION:
Thc subject property is located south of and adjacent to Thomasson Drive, south and east of Avalon
Elementary School in Section 24, Township SO South, Range 25 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PRO,IECT:
The amendment is for the singular purpose of allowing a one-hundred and fifty foot monopolc
communication tower on thc subject property.
~;URROUNDING LAND USE AND ZONING:
Existing:
The subject property is zoned PUD and is
developed as a community park (East Naples
Community Park).
Surrounding: North -
To the north.is Thomas.son Drive fight-of-way.
Further north is RMF-6
~i~Ic family and mulfi-f
Z
__l
Avalon Elementary School is located at the
northwest comer of the subject ~.
The subject property is zoned PUD/DRI (Collier
DIU) and is undeveloped.
South
The subject property is zoned PUD/DRI (Collier
DIU) and is undeveloped.
West
Property located along the site's ~ property
boundary is zoned RSF-4, RSF-3 and VR. For
the most pan this propert7 is developed with
single family dwelling units.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The East Naples Community Park PUD, was fu'st approved on October 2, 1984 (Ordinance Number
84-70) as a community park. The property is designated Urban within the Urban Coastal Frinie
Subdistrict of the Growth Management Plan.
The Urban Designation provides for non-residential uses including parks, open space and recreational
use. When this PUD was approved it met that criteria, and therefore remains consistent with the
Future Land Use Element and Growth Management Plan.
Nothing has changed since that approval to call into question any consistency relationship with
elements of the GMP. The act of adding an additional use does not give rise to any FLUE
consistency finding. We do not fred any other elements of the GMP inconsistent as a result of adding
the use ora monopole communication tower.
mSTORIC/ARCHAEOLOGICAL IMP^CT~
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, '{'RANSPORTATION AND INFRA~U~;
The subject petition was referred to all appropriate County agencies with jurisdictional oversi~t for
elements of' the Growth Management Plan for their review. Staff has determined that no level of'
service (LOS) standards will be adversely affected by this request and is consistent with the Growth
Management Plan.
ANALYSIS:
Collier County Public Services is requesting an amendment to the East Naples Community Park for
the purpose of permitting a one-hundred and fifty foot monopole communicati, ,~ t~w~ fln-eh~. ~.~
JAN 1 3 1998
others. The proposed tower will be located t~wards the center of the park, southwest of the existing
tennis courts, adjacent to the preserve which encompasses the southern portion of the park.
The proposed tower site is approximately fifty feet by fifty feet square and will be leased by other~
for the purpose of consirucdng a one-hundred and fifty foot monopole communication tower and
telecommunications equipment. The leased site will be fenced and landscaped with a hedge and trees
around the perimeter. The monopolc will be sctbaclC at least 375 feet from existing residential zoning
districts; a requirement sctforth in Section 2.6.35.6.2.1 of tho Colli~r Coun~ Land D~vclopment
Code.
In the opinion of staff, the added use suthorization does not change any level of service rdafionship
that was determined consistent when this PUD was first at)proved, nor does the use ofproperty by s
one-hundred fii~ foot monopole communication tower adversely dt'ect the residential areas to the
west and north of Thomasson Drive to any greater exient than the curr~fly authorized uses.
STAFF RECOM,~fENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUD-84-
23(1) to the Board of County Commissioners with a recommendation for approval.
PREPARED BY:
BP.,YA~ MILK
PRINCIPAL PLANNER
DATE{
REVIEWED BY:
/RCfBERT .l. MULHERE, AICP
CURRENT PLANNINCI. MANAGE~
DONALJ)'W. ARNOLD, AICP
P~L~? .SERVIC.~/DEPARTMEm DIRECTOR
~rNCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DA. lIE
Petition Number PUD-84-23(I)
Staff'Report for December 4, 1997 CCPC meeting.
/.-.,,
COLLIER COUNTY P~G COMMISSION:
MICHAEL A. DAVIS, CHAIRMAN
PUD-g4-23(1) STAFF REPORT/md
JAN 1 3 1998
! ._
PETITION ND~BER
DATE
APPLICATION FOR PUBLIC ~G
FOR
~UD A~Xm~T/DO x~zm~ym~
COMI~IRITY DEVELO~ DIFXSION
''
~ Yes . No
.... (a) I~ applic~= ia a l~d t~=, ao ~cate ~
benafici=ies 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, liaited partnership
~r other business entity, so ln~i=a~e and ~ame
principals below.
(d) If applicant is an owner, indicate exactly as
recorded, and list all o~her owners, if any.
(e) If applicant is a lessee, atta=h copy of lease, and
indicate actual owners if ~o~ indicated on the lease.
(f) If applicant is a ¢on~ra~ purchaser, attach copy
con~ract, and indicate ac=ual ~wner(s) name and addxess
below.
(I~ space is inadequate, attach 6n eepaxaCW page.)
2. Name of Agent FArm
cit s at.
Telephone N Rea.: .... Bus.:
JAN 1 3 1998
pg. o° ,._
3. PUD ORDINANCE NAH:E AND N'O14~t~
4. DZT&ZLED Z,ZGZ~T, DESC::R/I:~ZON O1~ ~ ~~ ~ BT
~LZCATZON (If space ~ ~ade~tte~ t~a~ ~n s~a~e.~a~a.. ~
sep~aCe legal des~p~on to~ p~ope~y ~nvo~ve~ ~ ~ G~S~c~.
I~ ~rope~y Is odd-~aped, s~ five (5) cop~es of ~ey (1u ~o
400' scale) ·
THE APPLICART XS RESPONSIBLE P0X SUPPLYING THE CO~IEC~ LEGAL
DESCRIPTION. IF GUESTIONS ARXSE CONCERNING THE LEGAL DESCRIPTION,
SECTION , , TOWNSHIP ___ , __ P, ANGE __ ,
Add. ess or loca=ion of sub~ec~prop~-~y~
Does proper~y owner own contiguous propert~tothe sub, act
proper~y? If so, give complete legal descrLp=ion oZ entire
cont£guous proper~y. (If space ts illadl~ll~e, a~tlch on
separa=e page). ,
4,
TYP~- OF A,HENDI'tENT:
~A. PUD Documen= Language Amendment
B. PUD Has=er Plan Amendment
C.:Developman= Order LanguagaAmandmen~
DOES AM~ND~ COHPLY NITHTHE COH~EH~SIVEPL~= -
NO If no, explain: ,
HAS A PUBLIC H.F. ARXNG BEEN ~IELD ON THIS PROPERTY NX~N THE
LAST YEAR? IF SO, IN WHOS~ NAKE?
PETITION #: DATE:
JAN 1 3 1998
11/05~g? .X~X:Ot ,~~31St~L._..~ COLX, X~ CO COX]D~TX'X~ X)E~ 1~004
· ..... ~,c.'c~ SOT. J:) AI~1I:) I 0I~, _
:,.o. ,ms x~ ~,o,~'~:o~, ,.,- ~r~...?.~."'~,~'(~s-'~"~5~'--'~s ~ so~-'~)lo~
X:)~?T'D'~yas. ~To. 2F Y~S, DESC~:BE::
~ SH:ZET S'-~fF~S SG¥) ·
3
6
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9
lO
11
12
14
17
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19
21
22
23
35
41
42
'46
ORDINANCE NO. 98-.
AR ORDINANCE A~ENDING ORDINANCE 84-70, AS
A~NDED, TIE FJ~ST NAPLES CO~I~ PARK
PLANNED UNIT DEVELOP~NT (PUD) BY
PROVIDING FOR: ~ECTION ONEt AMENDES TO
PARAGRAPH A, PRINCIPAL USES OF SUBSECTION
3.2, USES PERMITTED; SECTION TWO,
A~END~TS TO SUBSECTION 3.3.5,
HEIGHT OF SUBSECTION 3.3, REGULATIONS~
SECTION THREE: EFFECTIVE DATE.
WHEREAS, on Octobe: 2, 1984, the Boacd of County Cou~sstoners
approved Ordinance Numbs: 84-70, which app:oved the East Naples
Co,~uuntt¥ Park Planned Unit Development (PUD)/ and
WHEREAS, Thomas W. Olllff, Admtntstca=oc of Public Services
petitioned the Boacd of County Commissioners of Collie= County, Florida
to amend Ordinance Nu~mmber 84-70, as set fo:th belows
NOW, THEREFORE BE IT ORDAINED, by the Boacd of Coun=¥ Commissioners
of Collie= County,
SECTION ONE: A~NDMENTS TO PARAGRAPH A, PRINCIP~/. USES OF SUBSECTION
3.2, USES PERMITTED
Paragraph A entitled 'Principal Uses' of Subsection 3.2 antic
'Uses Pe~mitted' of the £ast Naples Community Park PUD (Ordinance No.
84-70, as amended), is hereby amended to read as follows:
4~ Monogole Communication Towers.
SECTION TWO: AMENDt~'NTS TO SUBSECTION 3.3.5. - ~kXI~il~4 HEIGHT
The Subsection entitled 'Maximum Height' of the Section entitled
'Regulations' of the East Naples Cou~auntty Pack Planned Unit Development
(Ordinance No. 84-70, as amended), is heceby amended to read as follows:
C. Communication Towers: One-hundred fifty (150) feet.
SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
Words sc~'uck ~h~:~oh &~e deleted~ voz*dl
4 E~AS$£D A~ID DULY ADOPTED by ~.he Bo&rd o! C:oun~¥ Comm:Lss~.one=s of
S Collie= County, Florida, th~l ,,, day of ,, 1998,
6
7 ATT£$T:
8 D~IGHT £. BROCK, CLERK
10
II _
12
14 APPROVED AS TO ~ ~D
IS LEG~ SUFFICIENCY~
16
21
COLLIER CO~Y, FLORIDA
BY:
JAN 13 1998
EXECUTIVE SUMMARY
PETITION R-97-7, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DMSION, REPRESENTING THE COLUER COUNTY BOARD OF COUNTY
COMMISSIONERS, REQUES'FING A REZONE FROM "PUD" PLANNED UNIT
DEVELOPMENT TO "A" RURAL AGRICULTURAL FOR THE NAPLES R&D PARK
AT LELY PUD LOCATED IMMEDIATELY SOUTH OF US 41, IN SEC'nONS 29 AND
30, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 64.8 ACRES, MORE
OR LESS.
On February 18, 1997, the Board of County Commissioners adopted Resolution 97-92,
which required the property owner of the Naples R&D Park at Lely PUD to submit a
PUD amendment to the Planning Services Director prior to August 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:
On May 6, 1986, 56.8 acres of the property were rezoned from Rural Agricultural (A-2),
to the Lely Research & Development Park PUD (Ordinance 86..13). The PUD was
amended by Ordinance 88-84, which added 8 acres and changed the name to Naples
R&D Park at Lely PUD. At that time, the primary use of the lite wes described as
movie/TV production. During the Zoning Reevaluation process in 1990, the project was
found to be consistent with the Growth Management Plan as Industrial Under Criteria.
On February 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 97.92, which
required the property owner or agent to submit an emended PUD to the Planning
Services Director prior to August 18, 1997 In order to cause said PUD to become
consistent with the Collier County GMP.
JAN 13 1998
The PUD amendment had 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
Agricultural, staff believes that an appropriate zoning district for the subject parcel is A.
The Collier County Planning Commission reviewed this petition on December 4, 1997.
At this meeting, a representative of the property owner stated that plans were being
developed to incorporate the subject parcel into the adjoining Lely Lakes PUD. The
Planning Commission, by unanimous vote, recommended a 90 day extension from the
date of this BCC hearing, to allow the property owner to submit a PUD amendment or a
rezone petition to the Planning Services Director.
FISCAL IMPACT:
Approval of this petition would reduce the intensity of use on the parcel from Industrial to
agricultural, therefore, the potential ad valorem tax revenue for the site would be
reduced.
GROWTH MANAGEMENT IMPACT:
The proposed rezone is in compliance with the Future Land Use Element of the Growth
Management Plan. The Density Rating System of the Growth Management Plan
permits up to 3 units per acre on the subject property. The proposed rezone to Rural
Agricultural would permit 1 unit per 5 acres.
HISTORIC/ARCHAEOLOGICAL IMPACT-'
Staff's analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probablllty as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey & Assessment or
waiver is required.
PLANNING COMMISSION RECOMMENDATION:
The collier county Planning Commission recommended that the Board o~' County
Commissioners require that a PUD amendment or rezone petition be submitted to the
Planning Services Director within 90 days of the BCC hearing date.
2
JAN 13 1998
PREPARED BY:
FR~'D I~ISCHL. PLANNER II
CU~NT PLANNING SECTION
REVIEWED BY:
ROBERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
DATE
DONALD W. ARNOLD, AICP, DIRECTOR
PLANNING SERVICES DEPARTMENT
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
JAN 13 1998
AGENDA ITEM 7-B
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
SEPTEMBER 2, 1997
RE: R-97-7; NAPLES R&D PARK AT LELY PUD
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Aq~ENTIAPPLICANT:
Owner.
Lely Development Corporation
8825 Tamiami Trail East
Naples, FL 34113
Agent:
Barbara Cawley, AICP
Wilson, Miller, Barton & Peel<, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
REQUESTED ACTION;
on February 18, 1997, the Board of County Commissloners adopted Resolution 97-92,
which required the property owner' of the Naples R&D Park at Lely PUD to submit a
PUD amendment to the Planning Services Director prior to August 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.
JAN 1 1998
~EOGRAPHIC LOCATION;
LOCATION HAP
SITE HAP
The subject property is located south of US 41 approximately one mile southeast of the
intersection with Rattlesnake Hammock Road in Sections 29 and 30, Township 50
South, Range 26 East.
PURPOSE/DESCRIPTION OF PROJECT:
The Naples R&D Park at Lely PUD permits clean, light manufacturing, primarily motion
picture and television production, research, production, office, commercial, lodging, and
related uses. The proposed rezoning to Agricultural will permit bona fide agricultural
uses and/or a maximum density of one dwelling unit per five acres.
SURROUNDING LAND USE AND ZONING;
Existing: 64.8+/- acre site; pdma~y agricultural fields
Su~ounding: No~h-
Lely Lakes PUD, a single family residential golf
course community at a density of 0.48 units per
acre2 ~
Northeast -
Southeast -
South-
West -
US 41 ROW, across which is Naples Manor
commercial district; zoned C-4
A commerdal parcel which allows all C-4 uses
except fast food and auto service stations; and
Miceli PUD, a partially developed 8.7 acre PUD,
which permits C-4 uses and multifamily residential
at a density of 3 dwelling units per acre.
Two small parcels zoned A; and
Lely Lakes PUD
Lely Lakes PUD
Vimv t~ tim tOu~ from t.~ 41
JAN 1 3 1998
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 or
waiver is required.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
The effect of a rezoning action on the subject PUD would be to reduce the Intensity of
development, and all the impacts resulting from the permitted industrial uses, and to
permit agricultural uses and single family residential dwelling units at a density of 1 unit
per 5 acres.
,ANALYSIS:
On May 6, 1986, 56.8 acres of the property were rezoned from Rural Agricultural (A-2),
to the Lely Research & Development Park PUD (Ordinance 86-13). The PUD was
amended by Ordinance 88-84, which added 8 acres and changed the name to Naples
R&D Park at Lely PUD. At that time, the primary use of the site was described as
movie/TV production. During the Zoning Reevaluation process in 1990, the project was
found to be consistent with the Growth Management Plan as Industrial Under Criteria.
On February 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 97-92, which
required the property owner or agent to submit an amended PUD to the Planning
Services Director prior to August 18, 1997 in order to cause said PUD to become
consistent with the Collier County GMP.
The PUD amendment had 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
Agricultural, staff believes that an appropriate zoning district for the subject parcel is A.
· ~TAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition R-97-7 to the BCC with a
recommendation for rezoning the Naples R&D Park at Lely PUD to the Rural Agricultural
(A) zoning district.
JAN 1:1 1998
PREPARED BY:
11
FRE~ PLANNER
CURRENT PLANNING
REVIEWED BY:
'ROBERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING
DONALD W. ARNOLD, AICP, D-'IRECTOR
PLANNING SERVICES
DATE
DAYE /
MINISTRATORvINCENT A. CAUTERO, AICP, AD DATE -
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number:. R-97-7
Staff report for the December 4, 1997 CCPC meeting.
This Petition has been tentatively scheduled for a January
Hearing.
Collier County Planning Com, rr~ssion:
MICHAEL A. DAVIS, CHAIRMAN
13. 1998
BCC
Public
JAN 3. 3 1998
s
!
22
1s
2Q
25
2'/
2!
3¢
3S
43
43
44
ORDINA/~'CE t~O. 98-
~.'40RDINA:;CE A/~ENDING ORDINANCE NUMBER
91-102, TAZ COLLIER COUNTY ~O D~LO~MENT
COD~ ~C~ INCLUDES TH~ COHPREHENSZVE
ZOSZ~G R~GU~TZONS FOR T~ UHZHCOR~O~TED
~ OF COLLIER COUtITY, ~ORZD~, BY
ZONING C~SI~IC~TZOH
UHIT DE~LO~ENT ~O~ AS '~APLES
AT LELY PUD' TO 'A", FOR P~OP~RTY ~TZD
I~EDIAT~LY
~ST), IN SE~IONS 29 ~O 30, TO~S~IP S0
SOUTH, ~NGZ 26 ~ST, COLLIER COUNTY,
~ORIDA, CONSISTING OF 64.8 ACRES HO~ OR
LESS; ~D BY PROVIDING ~N EFFECT2~ DATE.
W~E~ZAS, on Hay $, 1985, the Collier County Board of
County Cc=~.Isstoners approved Ordinance Number 86-13 changing
the zoning classification of the herein described prope=ty from
'A-2" Ru:al Agricultural to 'PUD" Planned Unit Development
known as 'Lely Research & Development Park PUD"; and
WHEREAS, on Nove~be= 8, 1988, the Collier County Board of
Coun=y CcT~.Issioners approved Ordinance Number 88-24 which
to "}:aples R~D Park &: Lely PUD"; and
WM~£AS, on ac=char 30, 1991, the Collier County Board of
Coun=y C:..-:J..isstone:s adopted Ordinance 91-102, the Collier
County Ls~d Develo~men= Code, including Section 2.7.3.4, Time
Limits f:r Approved PUD Haster Plans; and
W~.~A~, on February 18, 1997 the Collier Coun=y Board of
County C:~r. issicne=$ approved Resolution 97-92, pursuan: tc
Sect£cn 2.~.2.¢ of :he Land Development Code, Time
Approved ~TD Master Plans, re~utrin~ the property owner or
agen: cf :ha Naples R&D Park at Lely PUD to submi: an amended
PUD t= :ma ~iannlng Se:vices Director prior tO August 1], 1997
in orde: t= cause said PUD to become consistent rich the
Collie: Ccun:y Gcow:h Hanagemen~ Plan; and
H~R-~.S, an amendment to the Naples RGD Park at Lely PUD
was not received by the Planning Se=vices Director prior
Augus= !~, 1997~ and
JAil
x WHE~-ZAS, Communi~y Developmen~ and £nvi=onmen~al Se=vices
2 Division, rep=esen~ing ~he Collier County Board of County
2 Commissioners, petitioned the Board of County Commissioners ~o
4 change ~he =oning classificatiom of ~he herein desczibed zeal
s p=ope~¥, a~ached hereto as £xhibit 'A'; and
s WM£~-:AS, ~he Collier CounW Planning Commission
~ recommended thl~ tht Bo&rd of County Commisslgne=s zezone ~he
t Naples R&D Park at Lely POD from "PUD', Planned
s Developmen~ to 'A" ~u~al Ag=icul~u~al~
~0 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
=x CO~IS$IONERS OF COLLIER COUNTY, FLORIDA~
12 SECTION ON£:
12 The Zoning Classification of the =ell p=ope==y loca=ed in
x4 Sec=ions 29 and 30 , Township 50 Sou=h, Range 26 £as=, Collier
xs Coun=y, Florida, is changed from 'PUD", Planned Uni~
xe Developmen~ known as Naples R&D Park at Lely ~o 'A' Ru=al
xv Ag=icul=ural, in accordance wi~h Section 2.7.3.4 of the Collie=
x~ County La~d Developmen= Code, Time Limi=s fo= Appzoved PUD
x~ Mas=e= Plans. The Official Zoning Atlas Map Numbers 0529N a~d
~o 0630, as described in O=dinance 91-102, the Collier Coun=y Land
:t Deve!opnen~ Code are hezeby amended accordingly.
2~ SECTION TWO:
23 This O~dinance shall become effective upon filin~ wi~h
24 Depa=:men: of S~a~e.
2s PASSED AND D~LY ADO?TED by ~he Board of Coun=y
2~ Cc~nlssi~e=s of Collier Court=y, Tlo=ida, this day cf
27 , 1998.
30
33
34,
40
41
44
¢S
BOARD Or COUNTY CG..~ISSiC~ERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. ~ROCK, Clerk
BY:
Approved as ~o Form and Legal Sufficiency:
Ha=~o~.e ~.. S~uden~
Assis~an'. County A~o=ney
JAN 1 3 1998
,.:_
Dsecciotion, o£ part o~ the north ,1/2 o£ Sections 29 and 30,
~ovnsn~o 50 .... South. ~an~'e 26. [aac~ Co~et County. r~oczd~
~IX cnac oarc o~ the notch X/2 ot Section 29 and J0. Tovnsnxo
South. ~anae 2& £aSC. Co~et" County, rloczoa De,no lore
~att~cu~at~v DesCenDeD as
Co~unenc~no at Cnn norcneascet~v corner of Block "0" o~ Nvrtle
Cove Acres UnXC.N~. A accordant to t~e OlaC Cnere~ ne
?~ence 'alon~ the southvesterXv rioht-o~-vev line e~ U.S. 41,
(Tam~an~ Tta~A) North 39" O4,LOO# "Nest 24~.1~ ~ee~ to
eascetAvmosC cornet ot tha~ Aano as Oesct'x~eQ ~m O.X. BOoK
~aaes ~0 Cmtouem 1~2 (xncAusxve)~ PuOl~c Recot~s ot CoA1Ae~
thence a~ona t~e boundary o~ said land ~fl the follovin~ ~wo (21
~tsctxeeG co~tsesz ' ' , ·
~) South 50~56'-00" ~es~ 3OO.OO
~2) ~otcn'a~SS'-00- ~esc ~6~.~?"tee~ Co the vest ~e o~
sl~ ~ana ln~ the POZNT or BEG%NNINO, Ot t~t oatce~ herett
desctibedT
thence conttnu~ North 89~35~-00- West ~540.~6 ~eec~
thence SOuth &~5'-O0" East 432.~8"teeC~
~hence aorta 0~5'-00~ IaSC ~00.00
~hence SOUCA 8~--~5'-00' Ease 592.98' ~eecr
~hence Hotel 0~5'-00" Cast 79.78 ~eec~ -
~ence notcnet~y ilo not~nuas~et~ 473.89 ~eeC aloha the arc
pt i cztcu~lt curve concave :o the southeast cntouan
cencta~ ino~e o~ S0~-0O", ~lvl~a I ta~s o~ S~?.49
ina eu~no suotend~d ev a cnOr~ vn~cn Dents Notre
~5~40'-30" Ease 458.6~
~e~e Notch 50~56,.00- CIS~ 274.93 ~eet ~o
Soucnvescet:~ t~onc-'o~-viv L~ne o~ U.S. 4~ (TA~an~ Tta:~jl '
~ence a~on~ sa~d t~ancLo~-va7 ~ne. Souc~ 3~G4'-00"
~8~.30 ~tec co cnn notcnut~v ~ne,,ct cna~ ~and is
Ln sa~G O.R. 679~ paqes
~hencu a~ono s&~d no/cnerxy ~ne. ~orth 8g~3s'-00" west
,34a. S5 Rotc co cnn notcnvesc corner o~ sa~ ~an~ o
hence a~ona cnn yes: ~ne et sa~d ~ano. SouC~
~esc 306.S9 telc Co ~e southwest cornet ot sa~c
Point o~ Beo~nn~no o~ the uatce~ netexn aesct:ce~:
subject to easeneflcs an~ tesct~cc~ons ot tecot~
conca~n:~a 56.8 acres ~ote ot ~ess.
Oesct~=t~cn o£ Dart o~ Section 30. Tovnsh~o SO South. Ran~
~6 £as~. Coi~et County. r~ot~Ga a+,,Acte 0uc=atce!
~1~ cnac ~arc o~ Secc:~n J0. ?cvnsn:p SO'South. Rance 26 £asr~
~hence a~n? cna south l~nl ot chi notch 1/2 ot i'~'~e Sect!el 30,
the oatceZ"hetlln ~esctloeoj
thence colt:nun alon~ s&Ld I~ne. Notch e9°--$5,-00- ~est
435.60 teec~
~hence ~eav~no Said ~lnl. North ~°---25~-00' ~ast 800.00 ~eet~
~he~c'e South ~9!.:$5,-00- £asc 435.60...,tee~
thence South 0:--2S'-00" ~eac a00.00 ~esc to the Pot~: n
~eo~nnxn? et Ch~ ~atce~ hete~n enaCt:DoG! '
sub~'~C~ to easements an~ react:oriole ot record?
contal~lno 6.00 acres note oc 1115.
JAN 1 $19g 1
/
REZONE FINDINGS
PETITION R-97-7
NAPLES R&D PARK AT LELY PUD TO RURAL AGRICULTURAL
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 followlng, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and pollcles and Future Land Use Map and the elements of the Growth
Management Plan.
Pro: The proposed rezone will change the zoning of the PUD to A, which is consistent
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 up to 1 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 includes the Lely Lakes PUD, a proposed residential golf
course community, the Miceli PUD, which permits commercial and residential uses,
property zoned C-4, and two small parcels zoned A.
Con: None.
Summary Findings: Evaluation not applicable.
3. The possible creation of an Isolated district unrelated to adjacent and nearby
districts.
Pro: The proposed rezone would result in a 64 acre parcel zoned A, surrounded by a
mix of residential, commercial, and agricultural uses.
Con: The subject parcel is surrounded by several more intense uses (commercial and
PUD commercial).
Summary Findings: Some of the surrounding uses are more intense than the Rural
Agricultural zoning that is proposed, however, the proposed rezoning to A does not
create an Isolated district.
JAN 1 3 1998
_ I
4. Whether existing district boundarles am Illogically drawn in relation to existing
conditions on the property proposed for change,
Pro: The boundaries are determined by existing property ownership.
Con: None.
Summary Findings: Evaluation not applicable.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The Naples R&D Park at Lely was required to submit a PUD amendment by
Resolution 97-92. No amendment has been received.
Con: None.
Summary Findings: The rezone ls a result of the PUD sunset provisions.
6, Whether the proposed change wlll adversely Influence living conditions in the
neighborhood.
Pro: The proposed change will reduce the intensity of use on this parcel from a light
industrial park/movie studio to agricultural uses.
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 traffic
congestion or create types of traffic deemed Incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, Includlng
activity during construction phases of the development, or otherwise affect public
safety.
Pro: The proposed rezone will reduce the Intensity of uses at the site. This will
reduce traffic impacts at bulldout and reduce construction activity impacts.
Con: US 41 is within the Traffic Congestion Area as shown on the Future Land Use
Map.
Summary Findings:
affect public safety.
The reduction of future traffic volume using US 41 will
8. Whether the proposed change will create a drainage problem.
Pro: The property' is currently being used for agricultural purposes and will not create
a drainage problem by remaining that way.
Con: AIlght Industrial park project, such as that In the Naples R&D Park at Lely PUD,
is required to retain a certain amount of stormwater on site.
Summary Findings: The proposed rezone to A will not create a drainage problem,
however, it will not remedy any existing stormwater runoff problems in the area.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
Pro: The proposed reduction in intensity will not decrease 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 wlil adversely affect property values In the
adjacent area.
Pro: The values of adjacent properties may be affected to some extent, by proximity
to agricultural uses, however, those uses are usually less intense than industrial uses.
Con: The value of the subject property may decrease as a result of being rezoned
from PUD to A.
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 a deterrent to the Improvement or
development of adjacent property in accordance with existing regulations,
Pro: None.
Con: None:
JAN 1 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 wlll constitute s grant of special privilege to an
Individual owner as contrasting with the public welfare.
Pro: 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 subject property is subject to the provisions of LDC Section
2.7.3.4. the PUD sunset provisions.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County,
Pro: The proposed rezone complies with the
consistent with the surrounding zoning.
Con: The existing PUD zoning was required
amendment was received.
Summary Findings: The proposed
with the needs of the county,
Growth Management Plan and is
to be amended by the BCC. No
rezone to Rural Agricultural zoning is consistent
'15. Whether it is impossible to find other adequate sites 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 Rural Agricultural.
Con: This rezone is requested by the Board of County Commissioners as a result of
the PUD sunsetting requirements.
Summary Findings: The determining factors in this case are the requirements of LDC
Section 2.7.3.4, not the availability of A zoned property.
16. The physlcal characteristics of the property and the degree of slte alteration
whlch would be required to make the property usable for any of the range of
potential uses under the proposed zonlng classification.
Pro: Much of the property is currently cleared and being used for agriculture.
Con: The existing PUD zoning would requlre addition of more Impervious area than
the proposed Rural Agricultural zoning. The PUD contains a 'Preserve Area'.
Summary Findings: Development of the land will necessitate alteration of the site in
some form.
17. The Impact of development on the avallablllty of adequate public facilities and
services consistent with the levels of sen/ice adopted In the Growth Management
Plan and as defined and Implemented through the Adequate Publlc Facilities
Ordinance, as amended.
Pro: The proposed availability of services will be reduced by allowing one single
family dwelling per five acres or agricultural uses.
Con: None.
Summary Findings: The proposed rezoning action will result in a reduction in the level
of services required by the current PUD zoning.
(9/L!X for Residentia! uses on lands designated Urban,
within the Urban.- Hixed Use D~strlct, An the Urban
Residential or Urban Coastal Fringe Subdistricts.)
X. B~SE DENSITY
CONVERSION OF COK~.ERCI~L ZONI~
Allows a bonus of 16 d~ell~ng units for every acre converted
from commercial to residential. Applies only to Connercial
Zoning not located vithin an Activity Center or not
consistent with siting c=i=eria for connercial land uses -
Commercial Under Criteria cr PUD Neig.hborhood Commercial.
(Dwelling units may be distributed over'the entire project.)
.4
~ROXIHITY TO ~CTIVITY CE~
Projects located within t~.e boundaries of a Mixed-Use
Activity Center are eligible to receive a bonus of up to 16
dvelling units per gross acre.
.O
Projects located within a Residential Density Band, as
identified on the Future Land Use Hap (FLU~), are eligible
receive a bonus of u~ to 3 units per gross acre.
35
,.,. /? - .
mmmm~
Activity Center boundaries are identified on the Future
Land Use Map (1/2 mile square, 1/4 mile in each
direction measured frcm the cente.~oint of the Activity
Center). Interchange Activity Canter boundaries are
identified within the Future Land Use Designation
Description Section as they have site-specific
boundaries. The Activity Center in Golden Gate is also
site-specific and is identified in the Golden Gate Area
Master Plan.
If a project (parcel) is 75% within an Activity Center,
the entire project shall be considered to be within the
Activity Center. This does not apply to Interchange
Activity Centers.
If a parcel of land is partially %'ithin an Activity
Center, and is part of a final subdivision plat approved
by BCC prior =o May 19, 1992, an~ is <_ 5 acres, the
entire parcel shall he considered to be within the
Activity Center. This does not a~ply to Inte=change
Activity Centers.
If 50% or more of a project is within the Density Band,
the additional density applies to the entire project.
JAN 1 3 1998
Density Bands ate located one radial mile from the
center of a Mixed-Use Activity Center. They do not
apply within the Estates Designation or areas within the~
Traffic Congestion Boundary, as identified on the FL~.~.
~FORD~BLE ~OUSIN~ 0
Provision of affordable housing as define~ by, en~ sub, eot to
the requirements of, the Affordable Housing Density Bonus
Regulations, allows a bonus of up to 8 dwelling units per
gross acre.
RESID£NTI~L INTILn
Up =o three dwelling units per gross acre may be added
if the following conditions are net:
Project is ~ 10 acres.
Project is in an area with centralized public
sewer service.
Project is con~ati~!m with surrounding land uses.
Property has no co--tn site development plan with
adjoining property.
There is
no ccnnon c~ersh~p vith adjacent prope~y.
~?
~e parcel vas no= c.-eated to take advantage
of the Lu-fill residtntial der~ty.
~01),DI~AT ~CCZSS
One dvellinq unit per gross acre nay ba added If the project
has direc~ access to 2 or nora art:aria1 or collector roads
as ~dent£fied int he Traffic Circulation £~ement.
NOTE:
Density credits based on future roadvays vi11 Be avarded if
the developer connits to construct a portion of the roadvay
(as de=.mined By the County Transportation Departnent) or
the road is scheduled for completion during the firs= five
years of the CIP (Capital Improve=ents Plan).
One dvelling unit per grcss acre vi11 Be subtracted for
projects within the Traffic Congestion Area. (The Traffic
Congestion Boundary is i~n=ified on the Future Land Use
Kap.) Prope~ies adjacent to the Traffic Congestion Area
shall be considered pa~ of the Traffic Congestion Area if
their Drincipal access is to a road forning the Boun~a=y of
the Area.
8. INTERCONFECTION
U9 to one dvelling unit per gross acre may be sub=rat=ed if
the project fails to
interconnect vith all existing projects
38
vhen physically possible and fails to provide interconnection
vith all future adjacent pro~ects. (If interconnection is
granted, it ~ust be a clear commltnent in the PUD docunent
and MaSter Plan, or stipulated in the rezone request.)
CONSISTENCY ~IT~ ;%LL O~ T~ FgLLO$;ING CONDITIONS IS REOUIRED BEFORE
FINAL DENSITY IS DETE~KI~D.
The naxinun permitted density shall not exceed 16 resid~ntial
dwelling units per gross acre for any lan~ use designation, excet
when utilizing the TDR provision of the LDC (Section 2.2.4.10).
Maxinum density in the Traffic Congestion Area (which includes tl
Coastal Management ~.ea) is 4 units per gross acre unless on~
note of the following nechanisms are used:
Conversion of Cor.nercial Zoning.
Provision of Affordable Housing.
Provision of Resi~en:ial Infi11.
Project is within the boundaries of an Activity Cen=er.
Transfer of Develc~=ent Rights.
Maxinun density per=.i.~e, in the Urban Coastal Fringe Subdistri
(area bounded by the City of Naples to the Wes=, U.S. 41 to the
North, and the Area of Critical State Concern to the East) is 4
units per gross acre except:
(11
6 du/a on Marco Island when utilizing the Conversion of
Commercial Zoning provision (requires the applicant prepare
and implement a hurricane evacuation plan)=
8 du/a on Marco Island when utilizing the Affordable Housin~
provision (cannot excee~ a total of 600 affordable housing
units in =he Urban Coastal Fringe)=
12 du/a outside of Karco Island when utilizing the Afforda~
Housing provision (cannot exceed a total of 600 affordable
housing units in Urban Coastal Fringe).
(4)
Through use of TDR's (appropriate nitiga=ion is re.cuired
consistent with Policy 13.1.2 of the Conserve=ion and Coos
Managenen~ Elenen=).
D. Maxinun density ~"' ~
per=.~,e, in =he Urban Residential Fringe
Subdistric= is 1.5 units ~er gross acre.
Travel Trailer Recrea=icnal Vehicle Parks shall be a11o~e~ =o
develop at a density consistent with the LDC.
4O
JAN 1 3 1998
DENSITY ~TING 8YSTE~{ NO~,~SKEET
m.
BASE DENSITY
BONUSES
DEDUCTIONS
AD~dSTHENTS (due to density cags in A.-E. of
FLUE Density Rating System ~o=kshaet)
0 du/a
FINAL DENSITY
--~ dula
41
JAN 1 3 1998
2.7.3.4., of the Land Developnent Co~e (LD¢)~ Tl~a
P~ Haste= Plnns~ and
~S, ~hl Board o~ County Co~iss~oners has
Development Code;
No~, ~EFORE BE IT RESOLVED, ~ ~e Board of Zoning Appeals o~
Collier county, Florida that:
1. The above recitals
fully set fo=th herein.
2. This Resolution shall constitute evidence of compile,ce
vith the review
LDC.
Pursuant to said section o= the LDO, the propert~ o'~ner
Se=vices D~=ec.o~ prio. to.August 11, lgg? in orda= to
cause said F~ to beccce c.ns~stant vith the Collier
County G~.
This Resolution shall bacoce effective i~ned~ately upon its
approval.
BE IT lru~THrA RESOLV~D that this Resolution he recorded in the
minutes of this Board and in the records o~ the Petition fo= vhich the
extension ~s qranted.
This Eesolvtion adopted after ~otion, second ~nd ~a~orLty vote.:
Done this /~ day of B0~~~F ', 2.997.
' .:. ~ CO~SSZO~S
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· f' ,....' .,% :..'[ -; ...,,,X, ·
f~"~ ; ' '~'~' · ". '~. ",~ ~
.~.= , ~. ~ ~...f ...,~f~'.
~ ,. '.' ',,. :. '.. , ':' ~:~ i~
r .'~
,... · .; ..
F~O~IE ~." STUDENT
~XPL~S R & D PX~ AT I--rI,Y PUD/19189
EXEC~ $~Y
PETITION NO. PUD-83-1($), MICHAEL R. FERNANDEZ, AIC'P, OF PLANNING
DEVELOPMENT INCORPORATED, REPRESENTING COAST COMMUNITIES
CORPORATION, REQUESTING AN AMElqDMENT TO THE BERKSHIRE LAKES PUD FOR
THE PURPOSE OF AMENDING THE BERKSHIRE LAKES PUD REGULATIONS HAVING THE
EFFECT OF ADDING THE USE OF A SELF-STORAGE CENTER ON THE COMMERCIAL
TRACT LOCATED ON THE NORTHWEST CORNER OF DAVIS BOULEVARD AND SANTA
BARBARA BOULEVARD TOGETHER WITH ADDITIONAL DEVELOPMENT STANDARDS
TO ENHANCE THE APPEARANCE AND COMPATIBILITY OF THIS TYPE OF COMMERCIAL
STRUCTURES FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE
INTERSECTION OF DAVIS BOULEVARD (C.R. 84) AND SANTA BARBARA BOULEVARD IN
SECTIONS 32 AND 33, TOWNSHIP 49 SOl. lTl/, RANGE 26 EAST AND SECTION 5
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
1,093.9 ACRES MORE OR LESS.
This petition seeks to amend the Berkshire Lakes PUD for the express purpose of adding as a permitted
use a personal self-storage facility to be located on property designated commercial on the northwest
quadrant of Santa Barbara Boulevard and Davis Boulevard in the Berkshire Lakes PUD.
CONSIDERATIONS:
The property which is the subject of the amendment to the Berkshire Lakes PUD is located within the
commercially designated area located on the northwest comer of Davis and Santa B~rbara Boulevard in
that portion of the Berkshire Lakes PUD referred to as Countryside. In addition to the amendment
establishing a personal self-storage facility, additional amendments are proposed to regulate how the
site upon which the facility will be located can be used if approved. These include specific standards
for landscaping, fencing, lighting and a requirement for an architectural theme as represented by
architectural illustrations included as exhibits to the PUD amendment. Landscaping standards in
particular go well beyond what is required. The amendment has been crafted to overcome the
traditional view thai a warehouse type of structure is architectxn'ally deficient and that in fact as
proposed the use will have a lesser visual impact than other uses that can now be made ofthe property.
Consequently, the amendment has been crafted to include detailed regulations and architectural
exhibits to ensure that the development will be less intrusive than other commercial uses.
The Collier County Planning Commission heard this petition December 4, 1997. They unanimously (6
to 0) recommended approval ofthe amendment. A petition was presented on behalf of tbe directors of
the nearest condominiums, while representatives of the Countryside, property owners association and
master association respectively indicated their approval of the amendment.
1
A legal representative for the Falling Waters development company advised that their clients were
opposed to this amendment indicating it would have negative impact due to lruck vehicular traffic
movements to and from the site.
FISCAL IMPACT:
This pctition by and of itself will have no fiscal impact on the County. However, if this amendment
achieves its objective, the land will be developed. The mere fact that new development has been
approved will result in a future fiscal impact on County public facilities, The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new development on
public facilities. These impact fees are used to fund project in the Capital Improvement Element
needed to maintain adopted levels of service for public facilities. In the event that impact fee
collections are inadequate to maintain adopted levels of service, the County must provide supplemental
funds from other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
This type of amendment to the Berkshire Lakes PUD does not give rise to any consistency
relationships to clements of the GMP. The commercial tract is vested by its DEl and improved
property status. Any type of commercial use would therefore be consistent with thc FLUE. Mini-
warcbouses or personal storage facilities are first allowed in the C-$ zoning district.
There is nothing about this commercial land use that would impact LOS standards differently than
currently allowed commercial uses. If anything a warehousing type of land use would have a lesser
demand on LOS standards.
The land use, density and intensity of development of the subject property were deemed to be
consistent with the FLUE to thc GMP. Other related consistency reviews were also found to be
consistent by virtue of the way in which development conditions were addressed, and the strategy
devised for regulating the manner of development.
Development permitted by the approval of this petition will be subject to a concurrency review under
the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of
either final SDP approval, final plat approval, or building permit issuance applicable to this
development.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the 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 COMWilSSION RECOMW~NDATION:
That Petition PUD-83-1(8) being an amendment to the Berkskire Lake PUD be
by the draft ordinance of adoption and exhibits thereto.
2
~RONALD F. NINO, AICP
~F PLANNER
DATE
REVIEWED BY:
CURRENT PLANNll~G MANAGER
DONALD W. ARNOLD, AICP
~ ../c,~--~ =~,.
DATE
DATE
RVIC~DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-83-1($) EX SU1viMARY/md
IJAI 13 1998
AGENDA ITEM 7-E
TO:
FROM:
DATE: NOVEMBER 7, 1997
RE: PETITION NO:
OWNER/AGENT:
CO. --,,,,~tr~G COMMISSION
COMMUNITY DEVELOPMENT SERVICES DrvISION
Agent:
Mr. Michael R. Fernand. ez, AICP
Planning Development Incorporated
$133 Cutello Drive, Suite 2
Naples, Florida 34103
Coast Communities Corporation a
Florida Corporation
2666 Airport Road South
Naples, Florida 34112
(President William T. Higgs)
REOUESTED ACTION:
This petition seeks to amend the Berkshire Lakes PUD for the express purpose of adding as a
permitted use a personal self-storage facility to locate on property designated commercial and located
on the northwest quadrant of Santa Barbara Boulevard and Davis Boulevard in the B~ Lakes
PUD.
GEOGRAPHIC LOCATION;
The propcny which is the subjcct of the amendment to the Berkshire Lskes PUD is located within the
commercially designated area located on the northwest comer of Davis and Santa Barbara Boulevard
in that portion of the Berkshire Lakes PUD referred to as Countryside (see location map following
page).
PURPOSE/DESCRIPTION OF PRO.fECT?
The amendment to the Berkshire Lakes PUD is for the purpose of allowing as a permitted use the
development of "personal self-storage facility or facilities" on.property Iocat~
comer of Davis and Santa Barbara Boulevards which property l~ d, esignated ~ conl~-~the [
Berkshire Lakes PUD and Master Plan.
Additional amendments are proposed to regulate how the site upon which the facility will be located
if approved can be used. These include specific standards for landscaping, fencing, lighting and a
requirement for an architectural theme as represented by architectural illustrations included as
exhibits to the PUD amendment.
SURROUNDING LAND USE AND ZONINg.
All of the land lying contiguous to the commercial tract is pan of the Countryside at Berkshire Lakes
PUD. It is bordered by stormwater managernent bodies of water. On the opposite bank of this water
body the land is in golf course use with the exception of two residential clusters that in part would be
exposed to the commercial tact. The only development on the commercial tract is a bank
immediately on the comer of Santa Barbara and Davis Boulevards.
GROWTH MANAGEMENT PLAN CONSISTENCY:
This type of amendment to the Berkshire Lakes PUD does not give rise to any consistency
relationships to elements of the GMP. The commercial tract is vested by its DRI and improved
property status. Any type of commercial use would therefore be consistent with the FLUE. Mini-
warehouses or personal storage facilities are first allowed in the C-$ zoning district.
There is nothing about this commercial land use that would impact LOS standards differently than
currently allowed commercial uses. If anything a warehousing type of land use would have a lesser
demand on LOS standards.
HISTORIC/ARCHAeOLOGICAL IMPACT:
Not applicable.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURe:
The typc of amendment represented by this petition has no bearing on those jurisdictional
responsibilities of various County staff members that review projects for consistency with GMP or
LDC provisions. The issue presented by this amendment has a narrow zoning relationship. For this
reason it's review is limited to Cun'ent Planning staff.
negatively impact thc view ofresidences in the event they are within the near envy:
development is justified. Similarly the presumption is that typical'~nunercial bui
In the opinion of staff the central overriding consideration to evaluating whether or not it is
appropriate to allow personal storage faciHti~ on thc subject commercial tract in the Berkshire, Lakes
PUD at the northwest comer of Santa Bmbara and Davis Boulevard is one of architectural perception.
Historically, and based on those mini-warehousedp~'~onal storage developments in the area the
p~rception that mini-warehouses are aesthetically and architecturally unattractive, and, therefore
0ns ora residential
JAN 1 3 1998
architecturally pleasing. However, because of the County's architectural requirements, this
presumption has greater validity in the context ofcun'ent approval requirements.
Aside from issues of architectural quality, it is staff's opinion that an assessment of usc intensity
supports the proposition that personal/mini-storage warehouses have a lesser intensity impact on the
land area they interface with. For example, 100,000 sq. ft. development in mini.warehouse space, or
general office space, or a shopping center would generate 261, 1,403 and 7,067 average daily traffic
movements respectively. Staff further opines that wastewater treatment requirements, potable water
supplies, and demand upon police and fire protection services would show a similar relationship.
Therefore, if one can overcome the presumption of architectural deficiency by specifically providing
in any amendment development order that mini-warehouses or personal storage facilities will
architecturally and through site planning improvement cause such development to project itself in an
equally pleasing manner as one would expect with a planned shopping center or cluster of office
buildings then the criterion of appropriateness, suitability and compatibility, is equally achieved as
this relates to the housing areas near the commercial tract.
The proposed amendments to the Berkshire Lakes PUD have been crafted to achieve this objective,
which is to present a development that will be equally as visually pleasing as would otherwise be
achieved with commercial uses that can now be constructed on the subject property.
The PUD amendment includes architectural renderings as legal exhibits to the amendment, which
nevertheless will also have to be consistent with LDC architectural standards which will be applied at
the time of Site Development Plan approval and which will further del'me architectural features that
cannot be discerned from the architectural exhibits.
With the added degree of certainty resulting fi'om design specific criteria, as to how the property
developed with personal storage or mini-warehouses will visually project, it would appear that the
proposed change in uses would not be a detriment to those residential clusier~ although somewhat
removed from the commercial tract, nonetheless, have a view of the commercial tract. Other than the
view perception, whatever type of commercial use is put on the commercial tract has no physical
interaction with the residential components of Countryside.
Finally, while we cannot give any legal acknowledgment to how nearby residents feel about a
proposed zoning action it is worth noting that the proposal represented by this petition has been aired
before the Countryside Home Owners Association, and we er~ advised by the petitioners agent that
the PUD amendment and exhibits were crafted to respond to the Homeowners Association concerns.
~TAFF RECOMMENDATION:
That thc Collier County Planning Commission recommend approval of Petition PUD-$3-1(g) being
an amendment to thc Berkshire Lake PUD for thc express purpose of allowing a personal self-storage
facility to be located on a portion of a designated commercial tract located on the
Santa Barbara and Davis Boulevards subject to spccific design and landscape
made paIt of the amendment..'
RONALD F. NINO, AICP
CHmF PLANNER
REVIEWED BY:
~',/Z:~' - ~'.P~G SERVICES~TMENT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
P~tition Number PUD-83-1(8)
Staff Report for Dec~nnbg 4, 1997 CCPC m~fing.
iYATE -~
COLLIER COUNTY PL~ COMMISSION:
MICHAEL A. DAVIS, CHAIRMAN
PUD-Ii3-I(8) STAFF REPORT/md
4
JAN 1 3 1998
PETITION NUMBER DATE
APPLICATION FOR PUBLIC HEARING t::'.
FOR ~.P
REZONE I REZONE TO PLANNED UNIT DEVELOPMENT AMENDMENT
COMMUNITY DEVELOPMENT DIVISION I~lfft~,~,~
PLANNING SERVICES
Name of Applicant:
Applicant's Mailing Address:
Coast Communities Co~_ oration, a Florida Co~_ oration_
2666 ,4 lrport Road South. Naples. Florida 34112 _
Applicant's Telephone Number: Res.:
Bus.:
fl4l / 77.5.2230
Is the applicant the owner of the subject property?
X ..... yes
.. (a) If applicant is a land trust, so indicate and name beneficiaries below.
no
X (b) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
, (c)If applicant is a partnership, limit partnership or other business entity, so indicate
and name of principals below.
(d) If applicant is an owner, indicate exactly as recorded, and list all owners, if any.
See Exhibit "B" to this application for list of all owners.
. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
(f) If applicant is a contract purchaser, attach copy of contract, and indicate actxml
owner(s) name and address
Name of Agent:
Firm:
Agents Mailing
Address:
City
Telephone No.
Re.:
Michael R. Fernandez. dlCP
planning Development lnco_roorated
5133 Castello Drive Suite 2
State Florida Zip
n/a Bus.: 941/263-6934
34103
941/263-6981 _fax
I
10.
DETAILED LEGAL DESCRIPTION OF PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on s~rate page. If request involves change
to more than one zoning district, include separate legal description for property involved in
each district. If property is odd-shaped, submit four (4) copies of survey (1" to 400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION, IF QUESTION ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED,
SECTIONS 32. 35 TOWNSHIP 495 RANGE
and
SECTIONS ,~ TOWNSHIP .. $05 RANGE
See Attached Lev_al Description [Exhibit .4) to this Application for Lev_al Descrit~tion.
Address or location of subject property:
Northwest corner o_f the intersection of Davis Boulevard and Santa Barbara Boulevard
Existing land elevation,
Count)' Flood Elevation
ao
Date subject property acquired 0 or leased ( ):
day of ,19
Term of lease
yrsJmos.
b. If, Petitioner has option to buy, indicate date of option: and date option
terminates:
Does property owner own contiguous property to the subject property? If so, give complete
legal description of entire contiguous property. Yes. undevelo~d and certain pro.hies
within the Countryside at Berkshire Lakes PUD
THIS APPLICATION IS INTENDED TO COVER: (Check which type ofl~tition you are
requesting):
A. REZONING: PRESENT ZONINO Planned Unit Develooment
REQUESTED ZONING Planned Unit Develooment tamendmcn0
REASON WHY APPLICATION SHOULD BE APPROVED:
Reasons include: consistency with the intent of the Growth Management Plan
11.
IS PROPOSED USE PROHIBITED BY DEED RESTRICTION?
Yes ~ No
IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS.
JAN 1 3 1998
12. IS THIS REQUEST A RESULT OF A VIOLATION? NO
WAS THE NOTICE SERVED?
13.
IF SO, TO WHOM
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN
THE LAST YEAR? IF SO, IN WHOSE NAME? NO
TYPE: CBS ., FRAME ., MOBILE HOME .., OTHER
I. William 7'. Hi_~_ . President of Coast Communities Co .rt~oration. a Florida Cort~oration
(land ownerJ / Michael R. Fernandez. ,~ICP o_f Planntn? Development lnco~_ orated t'ag_ent) being
fu~t duly sworn, depose and say that am the authorized r~presentative of the land owner I authorized
agent ofthe contract purchaser of the lands 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 art,ached to and made pan of this application, are honest and true to the
be~ 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 agent to act as our
representative in matters regarding this Pgtition.
~lgna~
~.Fill;'Sm 7'. Hig_g_s. President of Coast Communities Corporation. a Florida Cor_t~oration
Pnnted Name of Authorized Land Owner Representative
State of Florida
County of Collier
The foregoing instrument was acknow_.led, ged before me this ./__.~
day of September, 1997 by l/- "~ //~'~'. ~ who (is personally known to n~ produced
~/# , as identification) and who did (did not) take
NOTARY PUBLIC ~/~
(Printed Name)
My commission expires:
Michael R. Fernandez. AICP ofPlanntn~ Develovment Incorporated
Printed Name of Agent
State of Florida
County of Collier
The foregoing instnmaent was acknowledged before me this
day of September, 1997 by Michael R. Fernandez who ds personally known to me) (ha~
produced as identification) and who did L~t02) take an oath.
NOTARY PUBLIC
Ob'lined Name)
My commission expires:
JAN 1 ~ 1998
Exhibit "A"
Description of Subject Property
Pan of Tract 10, Countryside at Berkshire Lakes, Section One (Plat Book 14, pages $0-52)
Collier County, Florida
ALL THAT PART OF TRACT I 0 OF COUNTRYSIDE AT BERKSHIRE LAKES, SECTION
ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14. PAGES
50-52. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 10,
THENCE ALONG THE EAST LINE OF TRACT I0, SOUTH I DEGREE 02'28" EAST 365.30
FEET:
THENCE LEAVING SAID LINE, SOUTH 89 DEGREES 54'10" WEST 176.02 FEET:
THENCE SOUTH ONE DEGREE 02'28" EAST 240.00 FEET TO THE SOUTH LINE OF
SAID TRACT 10;
THENCE ALONG SAID LINE, SOUTH g9 DEGREES 54' 10" WEST 453.98 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT 10;
THENCE ALONG THE WEST LINE OF TRACT 10, NORTH 0 DEGREES 5'50" WEST
595.00 FEET TO THE NORTHWEST CORNER OF SAID TRACT 10;
THENCE ALONG THE NORTH LINE OF SAID TRACT l0 NORTH 88 DEGREES 57'32~
EAST 620. I 1 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
BEARING ARE BASED ON THE SOUTH LINE OF SAID TRACT 10, BEING NORTH 89
DEGREES 54'10" EAST;
CONTAINING 7.64 ACRES MORE OR LESS.
Proposed Text Amendment
to
COMMERCIAL/MULTI-USE "C-l"_
of the
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
BERKSHIRE LAKES
A PLANNED RESIDENTIAL COMMUNITY
PUD DOCUMENT DATE: 10f
0ZT~~
JAil 1 3 1998
:,. /4--
SECTION V
COMMERClALfMULTI-USE "C.1"
5.01
.02
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Exhibit "H", Exhibit "H-I", Parcel "F" Master Plan and Exhibit "H-2", Parcel "A" Master
Plan as Commercial/Multi-use.
PEP,.MITTED USES AND STRUC'TURF_~
No building or structure or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
Permitted Principal Uses and Structures:
Antique shops; appliance stores; art studios, an supply shops; automobile
part stores; automobile service stations without repairs.
Bakery shops; banks and financial institutions; barber and beauty shops;
bath supply stores; bicycle sales and services; blueprint shops;
bookbinders; book stores; business machine services.
Carpet and floor covering sales - which may include storage and
insufllation; churches and other places of worship; clothing stores; cocktail
lounges; commercial recreation uses - indoor;, commercial schools;
confectionery and candy stores.
Delicatessens; department stores; drug stores; dry cleaning shops; dry
good stores; and drapery shops.
5. Electrical supply stores;
Fish market - retail only; florist shops; food markets; fratgmal and social
clubs; funeral homes; furniture stores; furrier shops.
Garden supply stores - outside display in side and rear yards; gift shops;
glass and mirror sales; gourmet shops.
Hardware storc$; health food stores; homes for the aged; hospitals and
hospices.
5-1
9. Ice cream stores; ice sales and interior decorating show rooms.
I 0. Jewelry stores.
11. Laundries - self service only; leather goods; legitimate theaters; liquor
stores; locksmiths.
12. Markets - food; markets - meat, medical offices and clinics; millinery
shops, motion picture theaters; museums; music stores.
13. New car dealerships - outside display permitted; news stores.
14. Office - general; office supply gores.
15. Paint and wallpaper stores; _~-rsonal self. siors_ae centers in accordance
l~ith Section 15.03.09 ofthls document: pet shops; pet supply shops;
photographic equipment shops; private clubs; professional offices.
16. Radio and television sales and services; research and design labs; rest
homes; restaurants - including drive-in or fast food restaurants.
I 7. Shoe repair; shoe stores; souvenir stores; stationery stores; supermarkets
and sanitariums.
I 8. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy
shops; topical fish stores.
19. Upholstery shops.
20. Variety shops; vehicle rental - automobile only; veterinarian offices and
clinics -no outside kennels.
21. Watch and precision instruments repair shops.
22. Any other use which is compatible in nature with the foregoing uses and
which the Zoning Director determines to be compatible in the district.
Permitted Principal Uses and Structures Requiring Site Plan Approval
1. Attached residence in conjunction with business - one (1) per business.
Words~ are additions; words s~ aim deletions.
$-2
5.03
2. Car wash; child care centers; commercial recreation - outdoor.
3. Hotel, Motels
4. Multi-family residential.
e
Permitted Uses with less than 1,000 square feet gross floor area in the
principal structure.
6. Shopping Centers.
C. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses
permitted in this district.
2. Caretakers's residence.
Signs as permitted by the Collier County Zoning Ordinance in effect at the
time permits are requested.
PROPERTY DEVELOPMENT REGULATIONS
5.03.01 General:
All yards, setbacks, etc., shall be in relation to individual
parcel boundaries.
5.03.02
Minimum Lot Area and Dimensions:
~ I0,000 Square Feet
Frontage 100 Feet
5.03.03
Minimum S~backs:
One-hail of principal building height with a minimum off
Front
Side
25 Feet
None, or a minimum of five (5) feet with unobsu-ucted
passage from front to ~ y~
25 F~
Distance between any two principal structures - Ten (I0) feet of ½ the sum
of their heights whichever is greater except that in the case of clustered
buildings with a common architectural theme these dist~ces may be less
5-3
5.0:3.04
5.03.05
5.03.06
5.03.07
5.03.08
provided that a site plan is approved in accordance with Section 2.05.
Principal commercial buildings shall be set back a minimum of fifty (50)
feet from abutting residential districts.
Minimum Floor Area of Principal Structure:
One thousand (1,000) square feet per building on ground floor.
Maximum Height of Structures:
Fifty (50) feet.
Signs and Minimum Off-Street Parking:
As may be permitted or required by the applicable Collier County Zoning
Ordinance in effect at the time a permit is requested.
Special Property Development Regulations:
Landscaping, buffer areas and supplementary district zoning
regulations that may be applicable to certain uses above shall be
adhered to unless in conflict with any of the intent or the
provisions specified herein.
Merchandise storage and display. Unless specifically permitted for
a given use, outside storage or display of merchandise is
prohibited.
Conceptual Site Plan Approval
A Conceptual Site Plan in accordance with Section 2.05 of this document
shall be approved for each commercial tract prior to fractionalization of
that tract. If the tract is not fractionalized, a Final Site Development Plan
in accordance with Section 2.06 shall be approved prior to application for
building permit.
5-4
JAN 1 3 1998
$.03.09 Pcr~ona] Self-Storage Cen~ers
This provides for personal self storage facilities with hours of operation
limited to between 7:00 am and g:O0 pm.
Individual businesses and commercial transa~ions and signs which
idcnti~ or link storage units to commercial uses is strictly prohibited.
This ~ermitied use shall be limited to the commercial tract located on the
northwest corner of Santa Barbara and Davis Boulevards subject to the
followin~ additional develonment siandards:
L Landscaped Open Space: 30 percent minimum
2. Landscaped ButTers:
Adjacent Oolf Course/lakes or Utility Facilities:
25 foot minimum width and no oavement areas between
property_ line and principal structures. Within this buffer.
when acl_iacent to lake frontage, a 4 foot berm shall be
created acl_iaeent to any building.
One ¢11 shade tree ocr 25 feet with a minimum height at
installation of 14 feet end additionally an average of one (I)
i~alm _ocr 15 feet with a minimum height of 16 feet and
averaging 18 feet in height at installation.
A continuous hedge with a minimum height at installation
of 4 feet: to achieve a helaht and be maintained at a
minimum height of slx feet within three (3} years. Hedge
layout shall be curvillnesr in plan layout and shall be
supplement by flowerlne shrubs.
B. Interior Parcel Boundaries
15 foot minimum width.
One fl_'l shade tree ~ 25 feet with a minimum height at
instsllafion of 14 feet and additionally an averageof one f_l_l
palm _l:m' ! 5 feet with a minimum height of 16 feet and
averaging ! 8 feet in height at installation.
:5-5
A continuous hedee with a minimum heiaht at installation
of 4 feet: to achieve a height and be maintained at a
minimum height of six feet within three (3~ years.
Per the urovisions of the Collier County Land Development
The Site Development Plan ($DP) submitted for a~rovai shall b~
generally be consistent with Master Site Plan Exhibit "MSP-I and
MSP-I.I" of this document. The pro~sed structures may be
phased, however the landscape buffers at the perimeter of the
proposed development shall all be installed in the initial phase of
project.
Architectural Theme
The project's ~fimeter buildings shall have an architectural theme
which shall be generally consistent with the 8.5 x 11 inch copies of
the artist's deoiction ~renderings "A- Lake View". "A. !-1 ~_ndsca?,
Buffer Section". "B- Santa Barbara View" and "C" - Median
Si_t, nage3 of the ~ro~sed develonment in¢ludin_~ artimlated stucco
walls and a combination of roofed areas (om_net walls and
dimensional roofed areasY
Any roof mounted mechanical equipment shall be architecturally
screened from the view of the residential units across the lake and
Fencin~ Within Buffer
When utilized, except at entries, shall be iht _egrated within th~
_m'oject's _tm, lmeter bed~e and the hedge shall be maintained at {1
minimum heist of the fence to visually screen it from the exterior
of the project. Gates at the entry shall have an architectural desi~
~The existin_u perimeter fencing shall be moved at the time 0f
development of the project's landsea~d buffs,
5-6
JAN 1 :l 1998
Liehtine fix'~ur~s shall be installed to shield lake. the golfcourse.
an~l the-residential areas beyond these ar~as. Exe.~! for the limited
I~arking area located adlacent to the offi~ and which is visible
from Davis Boulevard. parking and loadln~ areas shall be
illuminated by fixtures mounted on the bui-ldln~s.
Words~ are additions; words ~ a~ deletions.
5-7
GENERAL
This partial PUD Document is the existing zoning for the commercial property at the northwest
corner of Davis and Santa Barbara Boulevards. The "C-I" designation is relevant to this singular
document is NOT consistent with the County's C-I Commet:ial Zoning District Zonin$
dcslg;aation. This "C-I" zoning contains a variety of permitted use that represent a va_rie_ty
of development intensities, including uses within the County's C-1, C-2, C-3, C-4 and C-5
commercial districts.
Words. godr,:lill~ are proposed amendment to the existing zoning district pmvislons; woads
are deletions.
Master Site Plan Exhibit
"MSP-I"
This a conceptual site plan. Any dcv¢lopm~n! orders submitted under the provisions ofthis
exhibit shall bc general consistent with the s~tbacks and concept illustrated. Modifications may
b~ required to address market conditions.
Master Site Plan Exhibit "MSP-I.I"
x
z
cl
3>
z
OUTPARC£L
C, ANTA BARBARA BDULEVARD
JJ~H 13 1998
1 3 1998
II
RE: DEVELOPMENT OF NORTHWEST CORNER OF SANTA BARBARA Ai;L
DAVIS BOULEVARDS.
We, the undersigned residents of Countryside Condominiums
located on Province Way within the Countryside Golf and Coun:ry
Club, do hereby urge the Collier County Planning Commission,
~he Collier County Board of Commissioners, and all o%her
bodies and agencies %o approve a change in %he }lanned Uni%
Development Document,for Berkshire Lakes ~ha% would allow
for inclusion into the "zermitted Uses and S~ruc~ures" a
personal self-s~orage cen~er in accordance with Section 5.03.
09 of said document.
As we will be %he residents primarily affected by any devel-
opmen% a% ~he nor%hwes% corner of San%a Barbara and Davis
Boulevards we feel ~ha~ %he personal self-s%orage facility
being proposed wi~h the commi~tments as presented will be
less of an intrusion into our lives and will effect proper:y
values far less ~han :he majority.of uses permi%%ed under
~he presen: "C1" zoning.
We would deeply apprecia~e your consideration and concern
for our wishes in %his ma~ter when i~ comes before you.
Thank you.
DOCUMENT MISSING
I'I'EM # 12B4
Pages 30-39
. P. ROPERTY REPORT '
That Nice Facade May Hide a Surprise
!~' Nra. T£~u,t.~
'. ~GTO~, Va.-~ addition to this
~e=~' W~on, D.C., sub~b that
sp~[ ~ 1~ ye~ i~k~ like an attrac-
Ore. bilk.lonE mw of b~ck townhouses.
~ no~y lives in them.
~at's ~ca~e what ap~a~ to be a
~llecOon of classic lgth cent~' walk-ups
Is ac~lly ~e facade for a {S.0~square
f~t seE-sto~te tactile. Stogie U~. a
MempMs. Tenn.. ~al estate Investment
~t. b~It it ~at way to appease ~ple
who we~ momifi~ to discover such a
cili~ wu ~ b~lt in their communl~.
Eelgh~m were "scared to death."
sa)~ Joseph Rahner. ~ast president of a
cai home, em ~p. "~'en'~r had
· e same impr~ton ~ ~'hat a self~torage
fac~l~ ~d l~k like."
~d~. hun~ with b~eak metal d~
and ~unded by chain-llnk fenc~ and
bar~ ~re. traditional sel~.storage faclli-
ti~ often dc:~'t make tntq:tn~ nel~hbom.
Hoa)~ made note of their sometimes
s~ter reputation in the ~] m~1e "~e
SUence of ~e ~mbs." In which an FBI
agent finds a sever~ human head Inside a
nt~ ~rate. This week. testimony at the
ahoma ~ ~mbinE t~: alleged that
storage sheds were used to house
'~m~maMnE ln~edten~.
~tely. Io revere that image and win
~n~[ app~'al to b~ld in affluent nel~h-
~rh~s. se~f.storqe companies have
forte to extraordtna~' len~hs
~ca¢~bas~ ~k Cp
~.. for instance, recently const~ct~
~ke Forest. IlL. facdIty that 1~ like
[lass-and-smcco office buil~in~ and ~ffem
ca~ed ~ and air con,tinning in
Self. storqt t~rllltles In
~arlo#e, S.~., (fop) ~n~l
Arlington. V~.
its units. Morn.tnt'stat
Storage of Charlotte. N.C.,
builds white masonr3'.block
facilities in the Carolinas that
look Eke vacation cottages and plants new
flowers around each one twice a )'ear.
,',teanwhlle. Public Storage Inc., the
biggest self-storage REIT, Just opened a
four. story, S50-tmit facility In Orlando,
Fla., that looks like a bi! retail store. In
fact, it actually has a small store Inside
where customers can buy boxes, tape and
other rooting materials.
In addition to heading off neighborhood
opposition, such architectural niceties
help factlltles stand out tn an Increasingly
competlth'e business. Durtn[ the past ftve
years, as Americans have become Increas-
Ingly mobile and affluent, the number of
self-store facilities has increased 35~ to
some 2G.L'~t}, according to .',rial. Storage
Messenger, a trade publication. Hut while
the self-storage Industry has been quite
profitable historically, s~,are p,'ices of
Continued Prom Pal~e B/
soaping to make its cente~ palatable. ~t doesn't
to dis~lse them. "Then. you confuse the cus-
tomem." says a spokeswoman.
But In Arlln~on. community leaden say that
Storage USA's project w~ld haw ~en dead on ar.
~val if It had ~en a t)~lcal selhstorage facJ[ify.
w~ld have ~en homble, es~clally there."
resident J~y Mayer.
Residents of the su~ndlnE nelth~rh~.
whe~ b~ck and kame b~talo~ sell for SlB.~ and
up. have bnt k~ a ~e ~atch m i~al b~ness~.
A b~ the~ tot ~ many noise ~mpl~ ~at the
~et end~ up ~haslnt several nea~y h~.
It t~k Storage L'SA months o~ qutbblln~ over
tails to tot Its pmJ~ app~v~. ~en the a~Mt~
want~ to ~lnt ~e ~ t~ b~k exte~on to m~
timely dupll~te a real ~k ~ ~ ho~, re~
dents pmte~ and Stora~ ~ ~ck~ off.
Tht storage facility ~n~ in the sprint of
most self. storage PElts are down this
)'ear because of concerns the lndust, ry is
building excessively.
Going upscale is appealing because it
allows self-storage operators to charge
premium rents. Public Stora[e. for exam.
pie. char[es an average of $S3 a month na-
tionally for a standard 10-foot.by-J0.foot
storage unit. But its fancy new Orlando
facility charges S135 a month for lO-by, lO
climate-controlled units, and some tom-
party facilities in high-cost areas like
Southern California charge as much as
$]:'g a month without air conditioning.
Not everyone In the tndustD' th;nks
It's w~se Io try IO make self-storage
ties look like something else. tVhile
Shuregard Storage, a Seattle REIT. uses
brick exteriors, pitched roofs and land
/'fe~se ~r~ to ,eWe Bit, C'o,~amn
and is 75~ leased, slightly ahead of sched~; for
new facility. It charges $134 a month for a ' .y.]O
space without climate control, about the s : as
nearby traditional facilities, but Storage L'5 ,3ys
it typically raises rates aggTessively after a c '4er
tS ~t~ll.
Thee da)~, the facility Is used to store ere~..
thing ~ la,-em' ~s to soldlem' gear.
B~rassa. a ka~oke disk J~key. rislts up ~o seven
times a week Io retrieve lad store her ~,tpmem.
Sharon Hob~k, a nanny, rents a unit lo keep her
fu~lture, lhouEh It was ~nvenlence, no~ ap~ar.
an~. that attract~ ~r.
The facility's a~amnce has caused an unex-
~ ~lem for ~ny ma~er Les Kirk. He
is a~a)1 ca~f~ to tell ~lential ~stome~ what
~ like ~[ore they ~e re'er, but many slill can't
f~ It. "I'~ had ~ple call me back and say, '1
d~ ~. that bilk and the~ Is no stol racil-
ily,'" he
IrTL,LER
JAN I .1998
L~/Lu/¥1 WILL) 1~:26 FAX 941 643 5716
Thc self-sm,~ indusm/~"~rced ~
~ in: b~; and ~~t ~ m
T~s h ~ carl~ 197~ Zu H~
~ ~nd I~ ~) 6n, n~nL I ~ m~ ~ llm.
ired ~ ~ ~ e~ila~t~ofjn~
h~ ~f~p ~!~ ~c ~ e~d ~ ~nil
· sn 2S,~ ~ ~d ~ides
~ ~ ~ lit~ll~ ofdte hndlo~mn=nr
~la~p ~t b ~e ~ndadon of the b~in~.
Sclf-stma~e seems to thrivc in both exptnslv~ ccun-
emirs and reez~nns. Thc selF~ ;ndu.~ry~ only
teal I~u, iness drawbad~ is the flip side of its gream%c
strenBth. Simplicity of dt~elopment and ~zsc of op-
eration slso mean that the industry is ptone to over.
building cycles.
One tach lmeriod oiewide~pread oversupply coin-
tided with t~e $&L c~im/s end tho real esate rece~on
of thc lam 1980s and e~rly 19~)Os. Not nnly was very
little built foe several ytars, but ·lso the oversupply,
re~lted tn decreased nndonal occupancy ret~ snd
lu&,~nt rerlctl ra~:~, l~or chose ~'illtie~ already p~tst
the rent-up per;od, thane condldon~ m,¥ have de-
well belaw 40 per. ut of po~n6s! occupancy,
did not spell disaster. The relatively few
000) dut reverted to the R~soludon Trust
t~n (RT~ ~ owned primaH¥ by erie develop-
merit .rn~ nf ~iled S&Ls or ~ul~r~! frum e~ce~dve
dcwJoprnent fees or nv~rlev~ra~n{T.
The mJjtm:nm~t~ r~lting from d~h retiml of~tait-
~nt 8Tow~ haw, in many w~y~, put e new rice tm
sclF-etoral~ dewb~pm~,nc. Thc inclustry oF d~e mid-
1990s is benefiting from an unprecedented level of
s~aldlity and pmfexalon·lism, lqnnnelng s~urce~ ere
n~re same and sophfst~cnt~J. Facilide~ benefit
a cons~le~ldy hilfier quality nflo~adon, d~gn,.and
finiS. And meli'-srot~ge is, at Insr~ ~ul}y
i. besic nam~ us · re~il bu.~ine~ w~h italy-wed
profi~ianal mane~ment and mnrtce~r~ sigmas.
Mmy afdw S&~ced de~,clapers nFu%e 1980~
were replaced re), imlfHdua! efl~em's .nd parc-
ncrships whine Lm, l w~s m opcrau: their facilities
continuing ina~ne r~her than t~ take quick pmfia
WIL.5,::; IfILLI~
~ o.o. 2
8,5t
ILSS
It~
I1.11
11,41
~ dc~.l~r ~e~. Tl~s more cau~iam ney breed
oFf,mr t~ds
sizc aH~imu~ly ~,UO0 ~n~c ~a~ ~) and
m complete d~elop~cnu in ph~cs. ~th a
ex~pfions ~sed on ~re~! ~r~t r~arch,
at a single s[~ are
70,~ net ~nhle ~a~ ~et offer t~ ~mem
~mm~al infill d~ a~ pm~t lm ff~ at any
~e I~.
~ ~~n
lng d~. ~r alone
of Sl.l million ~.
~flC Al~,m~ (~m~ in AI~u~ At-
Janu, ~Jlu, s~
en of~e 1~ ~ m
~cr d~fld. J~t Is wi~ ~e ~ ora
m ~r, ~n i~ ~ ~t ~s~n~ ofp~
e~ ~ 19~
JAN 1 3 1998
WED 13:28 FAX 041 843 6716
'~,/
WILSON MIL~
current ILKFFb are erpec~d to douMe their marbt
JAN 1 3 1998
· mm
·
mm ·
{~ m
Thc rr~ly .vzilmble 'resale"
R~ mhd
~ d~fn~m ~nd ~mmh(~ of the IgT~
and I~
~r ~din~ wi~ an ~ ~ ~fi~enr and
~n~ ofmana~nr.
~ls n~ ~ulsi~ manet has
into nln~t
a~ ~ mmj~
~
~cir ~mn own a~ ~n ~m ~ ~ ~ma~
~ nf~nemHn
· gist, ~-,,4P'1991~
TaJidnl lB the llidustry
kxlmy did md add d h Ifil Im(itym
k Tam k h 1Nam.' imym Irmmrf. 'Theme
em hm~ imm Ir~ I~m Idm~ ~0 mdul-
Ilalima mimwWl k IM rm~. be mlm,
md ~a mr~ add lW i simlnl tO4a4
kY 10'eel imlgm edt k s33~3 lift mm&
~m$~ m ir~ k ~ Imdme~
eom k em eoamhr 241amgm mad r~ eDd
f)dmK Wm m lUF~l m irmdull Ihd iNS m
Imm~, luk tale. mad wN~ nm.'
mwld-wiminl mwemm d a INdml In New
Odmmm mhd a Bt-'ilPdm ,4ca Indd,m i, S,n
d-IIG)i-jud ds~& h mm d'4udkn m-
Idi k ~dl, Sad~ ammkt, md ililr m d
Nlmfdml kl 1Omb ~ mm mm d k d
k imeldy I ~mMm mmlm.'-Tm lmmmmmet, e
Contrary to m report by$oddi C~mer cntlded
'Self'-Stora~e: A ~Ttche with Room to Grow' (Btm'-
nm ~f~A. April 22, 1996), ILF. IT acquLsitions have
not c~used a declLne in the purchase prices of' facJll-
tle~. There l~s been aa b~rgain basement ruJh to
cub out of the Industry. Urdess tn operator has a
compe~g altern~t~Ye ~me for its eqcGty, it is not
likeJy to se~l at lc:ss then m t't~So~m~c pri~. In
the J~st thr~e years h3ve ser4~ m de. line in trsmm¢-
elan capirJlization teas. Aldmugh the REI=G, and
any other Ftu~hMer, aH wnnt to acquire Investmellt-
k,r~e facillcles at · 14 percent c~pitalizatlon rate,
thc~c days they, tee more likely se~lrl~ for 1 ! pet-
cent or even !0 pcrc~c And, thou[h stiJJ
some recent ~ansact~ons ]save ltol"pa~cd S60~ and
cve. n $90, pet sciatic toot of net tenable space for
inve~tment-~rstd¢ ~a~li~e~ located on prime
Although scl f-storage §ems tend to be small and
~ae.,nt (o~ ml~ .bo~ cwo Fac~de~ p= own-
etddp eatity), the {.,{luenc,, of the ,'-plud madmtm,
tb~ tncr~sed ne~! for professional apertise, and
is likely to accelerate tee cu,,~,t trend towa~l can-
solidmt~oe, ay the end o~'the decade, the iadusuTb
top ten fier~s ere likely to control more than one-
third ofsclr-s:ora~e ap,ce. Rat the discipline oft~e
capital market~ also Jell:tees II degree ot~i~n/csibility
and lack otrlndepe~dence. These la~-gct publicly ~cld
dcvtlope,~ may have gTe~tct capital resources and
market clout, but the independent developer and en-
ttel:x'~eur wU] still be able to mtlm mn imp~c~ on thc
market by virtue olra &,rearer propcnslty far both
sion tad risk takinl~.
Nm Omlopmmt Trmm
Loeatlon. Self=storage essentitlly is an ui~calc ser-
vice with market demand determJned ts mu~.h by
ps~.hosraphlcs u by demob~phics. Top ,elf-$mraL~
customcra tee those invcdved in Hfestyle transitions,
be they merle31, economle, ur career chan~s. Thc
ideal site must be avail&blt and visible ~Q potential
customerl durin~ periods otenced. In f3ct, a recent
analysis oFsuccesa~ul self-storage sites cQnch3cted by
Urban Decision Systems detemdn·d visibility and
enrac eo~mts (preferably 40,000 to 60,000 ctrs per
day) to be the most teUable ptedlctots of success.
Znclustry proFcsslonals now t~ze the need
12/10/97 ~ 13:28 FAX 941 643 $716 WILSON ¥I!;!~ _~6.
to move ~w~y fi~n the m~ml I~d
~ S~p ~ ~id SI million
~ny ~ b~ ~ J~
~ n~ I~al ,~ o~
~ ~ ~ ~i~dln~ ~h~ I~
~hia w~ ~ mm~ ~n~
ui~ ch~n m~ny c4~ p~.
~ end d~ m~
nin;n~ a hi~ ~1 of ~mm~
~mp~ ~ ~h~c and
~mm~ hM wi~ ~li~. dai~
~~~lc~Sl~ ~
Th e Most
SOurce in Self Storage
Information
s~nqe A.ocb~m ~by (513) 984-6468
._JAN 13 1998
12/10/97 WED 13:28 F.~T 941 643 5718 WILSON ¥ILLER J~o,o.7 ,.
d~ ~n.~ ~d u~ 0~ ~ and
pr~na the ~ly bi.in ~fli~ ~ll
~:t'mR~zlde fmtmmt~al reuse ~r m~ny pr~d~l
lint ~ u~l i.snn~ of '~lding
Un~~, im ks~n~ e~ ~d ~n
~ buiMing ~ ~s~ f~ the
Thinking of developing a self-storage facility?
Here's a packed with benefits.
maim this sn ~ oppareml~y for d.v~lop,~, Por mom i~fonvadon
o~ to t~.g{stgr fro' a Franc~ gewJapme~ SemLMr, cantmt Carol
Shipley at {410) TJG-'}500.
~~EUSA
A Nt~York Stack T. zdmn~n Ustcd Con,pn7 (~US)
SI
JAN 13 1998
12/10/97 IrED 13:29 FAI 941 a¢3 $715 WILSON ¥ILLZR ..~.Q~9 ..
poRndll buyt~ W'umd~ll ~roperttu heml
Bob 1'~dland ttpec~.
try the c~mccpt In
~is Rrm will
U ~c Ineni~r
~do~.
"'is seeking
and
· MeikkedN __-__ I I
·. UMid, a--.
· NWhI...MI ,mind M.m
~ orr .ix~,! ,~uma~ ,.shlng fKili-
tics ~
~i~
, pl~ and ~s) or ~d~ ~ (~lm
u~m~ ,~ ~). ~ o~ offer
un.It m~tg
dent I,~m.e ~ ,1{ ~ ~ ~,
~;p ,t ~e heir ~ ~e ~inm m~ Iimldn~
cl~ll~ in ~H~ am~ and
~e na6~l ~lf St~ ~6~ and
~ ~ ~lf-s~ ~;o~ and
~r fl~ nee ~d dls~l pm~to~
~ ~~g ~ o~s and arc
~ ~, m~y ~e Iz~ and ~
in ~ d~ ~1~ ia d~blin%
Ill~ or Mc m~un~ hOC
problems m~ ~ m a ~lt6~ly
hilly ~b~ ur~n ~B~. ~cularly
!~ ~UdinI u a 1 lO,~ar~
dun B~rd apec~d Bad large
o~oM ~ ~nt~ ~flml
~If-~ ~ ~d pa~ h~ II-
~ ~ ~ ~~ ~fldtufldiflg
~ia, ~ ~th~ the I I~
b d~fly editor m thc hi~ lin~n~
Sm~ ~ RmI~ ~ut~ ~e ~;tdin~
~ ~m ~e h~l~nm'~ ~.
~c~ .11 ~ and ~leu
~m ~ ~ing. ~e ~th~ ~ ~.
~ ~ ~fl~td ina · ~mall unit
~ ~ninblmu Self-Sm~ no
~ n~ ~e many p~ng
~s a~c m ~M ~n of ~e I~
~lly ~an~ IS a ~p ~ng
~~ meal a~ ~ll~p d~
fl~ as Y~r A~ and Un~ P~
DEVELOPERS & INVESTO WANTED
~uthe~ Ca,lomb Ediaen i~ ~ fa' develope~ a~d bwmon who
m~ tntemltod In In opport~ foe h;~l ~ We're offerh~ Edbo~
r~ht~:~f~.my in urban and rural locations bi LA, Onmge..San Ba'nardlno.
atu:l Rjvenkie ~tles.
For n~te lnforrMtien all 1-888-723-5263.
CAPITAL CORPORATION
The Nation's Self Storage Property Finance Leadcr
Belgrnvfa Ctpitnl ~orporaflon
19900 MacArth~Ir BoMevar~ Suite #1100
.. (80O) S15-1291
JAN 1 3 1998
12/10/07 1rEX) 13:30 FAT 041 e43 6716 WILS0~ ¥I~ . _~.~1~
tly 1~' dw nxnt mstly badae~
~, and ~ ~n 2~ ~z ~ ~
~i~ m ~1~ ~t,~ And
;mane m ~
~d~ of ~lf~n~ &~li~. will
~ a~ ~lflslon emi .~ui~don.
~m ~is md, it h ~like~ ~ i~u~
nine, and ~ b no ~ m ~11~ ~t
~11 ~ in ~ ~ oflfl~ me.et
~mc m~ ~dnl f~ ~11 ~ne~ m
,I;~=~ ~cir pfl~ m nmkc it
br~ ~, ~at ~e ~ will ~r iff ~
side me~U~n a~
·eir ~l~ of~e ~er
~1 du~ will in~ m~
t~ unit mis ~y fl~
R~gh~ half nf~l~t ~dlifl~
bhsn~d mine ~, ~n~
~ ~in miner c~fid~ II~ all
will n~ m ~ mom dili~c Jfl ~;r
r~t,)~ also ~ll ne~l
pma~l~ ~nner will nn ~mht
,)f thc m~ imprint ~nsislc~rlnns fm
Natlonwkle
We am ~ng ~d ~
e Addi~l ~p~t
I ~Ui~ ~u~on ~
~ ~d~~
~G~
~ut C~ ~
HERITAGE
BUILDING BYsTr~MS
% '°wnm and operamn ef Nil-storage f~li-
desindm ~
The sto, .
( agel
mup Inc.
~ Acquisition
~ Develo~r &
ProPefflea ln tha
MldH~st
I
2
3
4
$
6
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ORDINANCE NO. 98°...
AN ORDINANCE AMENDING ORDINANCE 83-46, AS
AMENDED, FOR THE BERKSHIRE LAKES PLANNED UNIT
DEVELOPMENT (PUD), BY PROVIDING FOR= SECTION
ONE: AMENDMENTS TO SUBSECTION $.02.A.,
PERMITTED USES AND STRUCTURES TO ADD
PERSONAL SELF STORAGE CENTERS AS A PERMITTED
USEJ SECTION TWO= SUBSECTION 5.03., PROPERTY
DEVELOPMENT REGULATIONS TO ADD A SECTION
ENTITLED PERSONAL SELF STORAGE CENTERS; AMD
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 16, 1983, the Board of County Comissioners
approved Ordinance Nu~er 93-46, which established the Berkshire Lakes
Planned Unit Development (PUD); and
WHEREAS, Michael R. Fernandez, of Planning Development Incorporated
representing Coast Communities Corporation, a Florida Corporation,
petitioned the Board of County Commissioners of Collier County, Florida to
amend Ordinance Nu~er 83-46,as amended, as set forth below=
NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners
of Collier County, Florida:
SECTION ONE: ARENDMENT TO SUB-SECTION 5.02.A. - PE~I~ED USES AND
STRUCTURES
Subsection $.02.A.15, Permitted Uses and Structures, of the Berkshire
Lakes Planned Unit Development (Ordinance 83-46, as amended), is hereby
amended to read as follows:
15. Paint and wallpaper storesj personal self-storage centers
in accordance with Section 5.03.09 of this doc~en~ pet
shops~ pet supply shops; photographic equipment shops; pottery
stores; printing, publishing and mimeograph service
shops; private clubs; professional offices.
SECTION TWO: A~ENDMENT TO SUBSECTION 5.03~ PROPERTY DEVELOPMENT
REGULATIONS
Subsection $.03, Property Development Regulations, of the Berkshire
Lakes Planned Unit Development (Ordinance 83-46 as amended)~ is hereby
amended to add requlattons to Section 5.03.07 Special Property Development
Regulations and a section entitled Regulations for Personal Self-Storage
Centers (5.03.09) to read as follows=
5.03.07 Special Property Development Regulations:
a. Landscaping, buffer areas and supplementar
zoning requZattons tha~ may be applicable
~ Words struck th~ouo~ &re deleted; words un~
!
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4
6
9
I0
II
12
16
I?
20
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~4
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be
uses above shall be adhered to unless in conflict with
any of the intent o= the provisions specified herein.
Herchandise sro=age and display. Unless specifically
permitted fo= a given use, outside sro=age o= display
of merchandise is prohibited.
Required R/W Landscape Buffer for Out Parcels Graphically
Depicted on Master Site Plan Exhibit 'MSP-1 and MSP-1.2'
of this document,
The required landscape buffer shall be improved with the
following:
9ne 11) shade tree per 25 feet with a minimum height at
installation of 14 feet and additionally an average of
one (1) palm per 15 feet with a minimum of 16 feet
averaging 18 feet in height at installation.
A continuous hedge with a minimum of height at installation
of 36 inches. The hedge shall be serpentine in plan. Thi~
hedge shall minimally meet the spacing and native specie
requirement of the Collier County Land Development Cod~
Division 2.4.
A flowing line of flowering shrubs or annuals shall be
installed facing the public right-of-wayr parallel to the
required hedge. The Collier County Land Development Code's
native specie requirements shall be applicable to these
additional plantings.
32
33
35
~6
4O
41
42
43
5.03.09
~egulations for Personal Self-Storage Centers
Personal self storage facilities with may operate from
?:00 am and 8:00 pm.
Individual businesses within the personal self storage center
are prohibited. Commercial transactions within or from th=
personal self storage units is prohibited. Signs which
identify or link storage units to commercial uses is strictl7
prohibited.
This permitted use shall be limited to the commercial tract
located on the northwest corner of Santa Barbara and Davis
Boulevards sublect to the following additional development
standards:
45
46
4'/
48
49
$3
~4
$$
$7
$8
$9
6O
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64
1_. Landscaped Open Space:
2__. Landscaped Buffers:
30 percent minimum
Adiacent Golf Course/Lakes or Utility Facilities:
25 foot minimumwidth and no pavement areas between
property line and principal structures. Within this
bufferf when adjacent to lake frontager a 4 foot
berm shall be created ad,scent to any building.
One (1} shade tree per 25 feet with a minimum height
at installation of 14 feet and additionally an
~ve~.a.e of_l_ _aim er 15 feet with a minimum
hei ht o 16 feet and aver-'~-~n.9_~_q_-~'_~
instaliation~
A continuous hedge with a minimum
through &~e deleted~ womt~ ~
!
JAN 13 1998
are added,
!
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~8
39
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~6
47
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~2
$3
$8
61
62
installation of 4 feet~ to achieve a height and be
maintained at a minimum height of 6 feet within
3 years. Hedge layout shall be curvilinear
in plan layout and shall be supplemented by
flowering shrubs.
Interior Parcel Boundaries
15 foot minimum width.
One (1} shade tree per 25 feet with a minimum height
at installation of 14 feet and additionally an
average of 1 palm per 15 feet with a minimum
height of 16 feet and averaging 18 feet in height at
installation.
A continuous hedge with a minimum height at
installation of 4 feet~ to achieve a height and be
maintained at a minimum of 6 feet within 3 years.
Adjacent Rights-of-Way
The reguired landscape buffer shall be improved
with the following:
One (1) shade tree per 25 feet with a minimum height
at installation of 14 feet and additionally an
average of one..¢lI palm per 1S feet with a minimum
height of 16 feet and averaging 18 feet in height
at installation.
A continuous hedge with a minimum height at A
installation of 36 inches. The hedge layout shall~
~'~ serpentine in plan. This hedge shall minimally~
meet the spacing and native species requirement of
the Collier County Land Development Code~ Oivision
2.4.
A flowing line of flowering shrubs or annuals shall
be installed facing the public riqht-of-waF,
parallel to the regui~ed hedge. The Collte~ County
Land Development Code native species requirements
~hall noc be applicable to these additional
plantin~s.
3. Master Site Plan
The Site Development Plan (SDP) submitted for approval
shall generally be consistent with Master Site Plan
Exhibit 'MSP-1 and MSP-i.I" of this Document. The
proposed structures may be phased. The landscape
buffers at the Perimeter of the proposed development shall
All be installed during the initial phase of pro}ect.
Oevelopment of the out parcels as an extension of tb-
qraphically depicted personal self storage facility Or a~
an additional personal self'storage use is prohibited.
4__=. Architectural Theme
The project's perimeter buildings shall have an
architectural theme which shall be genera
with the 8.5 x 11 inch copies of the art:
~enderings "A-Lake View~r 'A.1-Landscape
B-Santa Barbara View" and 'C - Median Si
Words struck throuah are deleted~ words
~naqe.~. .of the
JAN 1 ] 98
axe a~decl.
!
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4
$
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9
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3!
proposed development includinq articulated stucco walls
and a combination of roofed areas (parapet walls and
dimensional roofed areas).
Any roof-mounted mechanical equipment shall be
architecturally screened from the view of the residential
units across the lake and golf course.
Fencing Within Buffet Areas
Fencing when utilizedr except at entriest shall be
integrated within the project's perimeter hedge and the
hedge shall be maintained at the same minimum height as
the fence to visually screen it from the exterior of the
project. Gates at the entry be architecturally designed
to be compatible w£th the general architectural theme og
the project.
The existing.perimeter fencing shall be moved at the time
of development of the..pro.~ect's landscaped buffer.
Lighting
Lighting fixtures shall be installed to shield the lake,
the golf course and the residential areas beyond these
areas. Except for the limited parking area located
adjacent to the office visible from Davis Boulevardf
parking and loading areas shall be illuminated by fixtures
mounted on the buildings. Pole fixtures shall not exceed
16 feet in height.
33 SECTION THREE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department
35 of State.
36 PASSED AND DULY ADOPTED by the Boa=d of County Com~issioners of
37 Collier County, Florida, this __day of , 1998.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD or COUNTY COMHISSIONERS
COLLIER COUNTY, FLORIDA
BY~
CHAI i~be~
39
~0
41
~4
~6 APPROVED AS TO FORM AND
47 LEGAL SUFFICIENCY:
41
5t ASSZST~T COUNTY
~2
~3 r/r~/~rtoh*re ~keo ~
Words struck threuah are deleted~ words ~
JAN 1 3 1998
are added. I
.... i ---n~ ................................................................................................ I m
Master Site Plan Exhibit
"MSP-I"
This a conceptual site plan. Any development orders submitted under the provisions of this
exhibit shall be general consistent with the setbacks and concept illustrated. Modifications may
be required to address market conditions.
~l.dv^39?~Oa V,-JVai:lVt VINYl.
x ~
w ~
Master Site Plan Exhibit "MSP-I.I"
_<
x
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OUTPARC£L
BARBARA B[]ULF'VAR]]
JAN 1 ) 1998
JAN 1 :~ 1998
! ~1998
PL'TrFION CCSI,-9'/-4, GARY FRANCO, FROM THE COLLIER COUNT'f' PARKS AND RECREATION
DEPARTMENT, REPRESENTING THE COLLIER COUNT'~ BOARD OF COUNTY COMMIS~ONERS,
REQUESTING A COASTAL CONSTRUCTION SETBACK LI3q~ VARIANCE TO ALLOW FOR
EQUII~bfENT STORAGE AND CONSTRUCTION OF A CONCF, S~ON STAND ON THE BF. ACH AT
VANDERBU.,T BEACH COUNTY PARK.
The i:~ifioner r~lucsts a Coaml Consu'u~on Sethack Li~ (CCSL) Vm'ince of q~xJmmt~ one bmdr~ sewn
(107) f'c~ for the co~su'ucfion of · concession stand and sUuL, e of beach coucessi~ equipmut (See F:xldit A).
CONSIDERATIONS:
The petitioner (collier County Parks and Reerctfion
concession mhd to ~ concession services to
twclve feet. A proposed beach concession agreement between the Collier County Parks and itasmmtim Deparmmtt
and Day. Sm' Unlimited, Inc. is depender on this CCSL variance.
The proposed concession stand and storage area will extend approximately one hundred seven (Ifil) fect seawall of
the adopted coastal consU'dction setback line (CCSL).
Other stru,:mr~ l~-viously approved by variance at Vandc~oilt Beach County Par~ enmm~ emsmd approximately
one l~mdl~i seven (107) feet seawa.,d oftbe adopted coastal cons~ction setback line (CCSL). Prcviomly approved
SU'dCmI~ have established · rcaso~bly continuous and uniform consUucfion line cJoscr to ~be line of me~n high
water tban the adopted coas~ con.m'uctiou scthck line (CCSL).
The petition is consistent with the Collier County ~ Devclopmmt Code and Growth Managcment Plan -
Conservation and Coastal Managcmen! E~t.
In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of
Collier County Ordinutce No. 91-I02, Division 3.13, as anxsgled.
FI,~,CAL IMPAc'r:
Aplxoval of this petition would have no fiscal impact on the Coup.
GRO~'I'H MANAGEMENT IMPACT:
OB~..CI'IVE ( CONSERVATION AND COASTAL lkiANAOEMENT tR.EMENT)
11.4
Until the Corral Barder tad Beach System Mana~nent Plan is adopted (Objective 11.6), protect
developed coastal barriers sad developed shorelines by emblishing mechanisms or projects which
limit the effects of development sad which help in tho tmtoraflon of the mtural foncfiom of coaml
barriera and affected beaches sad dunes.
POLICY
I 1.4.6
Require native vegetation as landscaping in developed activities in developed coasu
and on the beach and dune sysmm..'
·
JAN 1 3 1998
! 1.4.8
COntFol Line shall not intzrr~ with ~ turde nestin~ will utilize mgv~ ~ fo~ dune
stabilization, m'll maintain d~e natm'al Ixnch ~ vfl31 minimize inm~'~ ~ mtural beach
dynamics, and where appropriate will resto~ ibe histo~c~ dories and will ve~-tat~ with mtlve
vegetation.
H][~['ORIC/ARCHAEOLO GICAL IMPACT:
Staff's anal~is indicates that the peti~oner's property is not located widRn an art, ,~f historical and ardmcological
probability as referenced on the official Collier County Prohability Map.
~t.ECOMbI~NDATION:
Staffreeommcnds al~'ov~ of Petition No. CCSI~97-4 subject to the follow/ng stipuhtions:
An proposed/mprov~*nts shah be d~s~l in accor/anco w/th ~e standards of the Florida ~ of
Env/ronmental Protcaion iT'DE'P) Bateau of Beaches and Coastal Systems and an approved FDEP permh shah
be obtained, and copies provided, prior to issuance of a Collier County Building Permit
2.
Construction activities shall not occur within one hundred (100) feet of the sea tm'tie nesting zone, defined by
Collier County Land Development Code Division 3.10, between May ! - October 31, sea turtle nesting season,
without f~t submitting and obta/ning FDEP and Collier County Construction in Sea Turtle Nesting Area
Permits.
3. Pet/goner shall notify Current Planning Environmental Staff one week pr/or to commencing work seaward of
the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL.
4. Outdoor lighting associated with construction, or development wfthh three Inmdred (300) feet oftbe high tide
line, shall be in compliance with Division 3.10 of the Coil/er Coun~ Land Devdopmem Code.
5. Petitionershallut/l/zeonlymtivecoamldune~ f~allon-s/te~beymMthe 1~/4 Coastal
C. omcmction Control Line.
8. Minn. ~ ~o Coes~ ~ ~ ~ v~ ~~ C~ ~ in sitins nd
nns:mru) troy be spp~,~ in writin~ by the Plmsxi~ ~ ~ or hira~r ~
2
PREPAI~D BY:
STEPHEN LENBEROER
ENVIRONMENTAL SPECIALI~ II
CURRENT PLANNING SECTION
DATB
REVIEWED BY:
ROBERT J. MULHER~ AICP, MANAG~
CURRENT PLANNING SECTION
DONALD W. ARNOLD, AICP,
- "DA'I'B
p~O SERVICES DEPAR~
V~CEI~ A; CAUTERO, ADMINIster-OR DA'IVB ~
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICP. S DIVISION
3
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SFAGP. A~:S 8.34
w-Xlt'r B I~ "&"
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JAN 13 1998
RF. SOt,UTION
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29 OF CO~!-~1~ COUNTY. FLORIDA, dar: Vamz~ ~%~.~ CO~L..9'7.4 be tppmved, mbject m b
3031 foUoM~ conctitJoM: .
33 ~ of F. nviz~nrnul ~ (FDE?) Buruu of Beaches and Coasud Sysmns and an
36
37 2. Cousu'uc~on ~ shad m occur wM~in oue ~ (I00) fect of Ibc ~ mrdc ncsunJ zou~
38 defloed by Colller Coun~ Land Dev~Jopmmt Godt h 3,10, betvveu 1~ I. Ocubn, 3 !. m
Set TurGe Ncsthq Aru Pm=~
41
42 3. Petiticma shn nO~ ~,~ ~ ~ S~ OM qs~tk pilot to coa~ wodt
43 scswurd of tht CCSL smd shall apb cmuct Staff' ~ em w~4t folJo~n8 e0mplcttae of wod~
47 hiih t~e line, duff be in coa~limx~ v~h Division 3.10 of die Col3ev County Lind DE~
1
2 6. Pc~ioocr shll f~Jd k~mt {be ~ su°d mind su:m'qe mu t° tv°id °r n'bb'{~ ~ t°
4
?
!
!
!o
!1
Il
13
I$
16
17
II
21
24
27
21
3o
31
33
35
ATT~: BY: Chtrmtn-
DWIGIt'T E. Bi~.C)C~ ~
H~di ~
2
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. SI-42, AS
AMENDED, BY ADDING A NEW SECTION 47 THERETO TO INCREASE THE
OCCUPATIONAL LICENSE TAX APPLICABLE TO LAWN MAINTENANCE
CONTRACTORS, LANDSCAPING RESTRICTED CONTRACTORS, AND
LANDSCAPING UNLIMITED CONTRACTORS; PROVIDING FOR CONFLI~
AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES; PROVIDING AN EFFEC'TIVE DATE
OILIECTIVE: To conduct a public hearing on previously authorized changes in the
occupational license fees for landscape maintenance providers.
CONSIDERATION: The Board of County Commissioners authorized an increase in
occupational license fees October 21, 199'/, for the landscape maintenance industry at the
following rates: $10.00 for owners with no employees; $18.00 for owners with 1-10
employees; $20.00 for owners with more than 10 employees in the following categories;
lawn maintenance, landscaping restricted contractor, landscaping unlimited contractor.
The action will take effect .luly 1, 1998.
FISCAL IMPACT: An estimated $13,626 of revenue would be generated, which will
increase the $4,200 already budgeted for in the general fund to a total of S17,826. The
additional revenue will be budgeted in the general fund (001) Agriculture Department
(Cost Center 157110-321265). Revenue will be used to offset already budgeted expenses
in general fund and will increase general fund reserves by $13,626.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
approve an amendment to Ordinance No. 81-42 to increase landscape maintenance and
landscape contractor occupational license fees by $10 for owners of businesses with no
employees, $18 for businesses with 1-I 0 employees and $20 for businesses with more than
I0 employees to fund the County cost for the horticultural agent position and approve a
budget amendment that will increase general fund revenue and reserves by $13,626..
Approved b~: ~r,~. _~_
Thomas W~ Olliff, liu-~i~sen~ices Administrator
JAN I 3 tq.q8
Pg.~
ORDINANCE NO. 97-.__
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 81-42, AS AMENDED, BY ADDING A NEW SECTION 47
THE~TO TO INCREASE TIlE OCCUPATIONAL LICENSE TAX
APPLICABLE TO LAWN MAINTENANCE CONTRACTORS,
LANDSCAPING RESTRICTED CONTRACTORS, AND
LANDSCAPING UNL~D CONTRACTORS; PROVIDING FOR
CONFLICT AND SEVERABrLITY; PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Collier County Ordinance No. 81-49, as amended,
as authorized by, and subject to the qualifications of, Chapter 205, Florida
Statute. r, designated occupations are required to secure an occupational license
from the Collier County Tax Collector, and
WHEREAS, Collier County will fund an employee who will, among other
things, conduct voluntary classes related primarily to conservation of treated and
storm water, including the proper and safe ways and means to apply fertilizers and
pesticides, conduct classes in Spanish and conduct classes in related subjects upon
requests from the directly affected occupations as noted below; and
WHEREAS, to partially fund the costs of the aforementioned instruction,
the Board of County Commissioners hereby finds and determines that the
occupational licenses of the directly benefited trades shall be increased as
specified herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIO~ OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADDITION OF A NEW SECTION 47 TO COLLIER
COUNTY ORDINANCE NO. 81-42, AS AMENDED.
A new SECTION 47 to Collier County Ordinance No. 81-42, as amended, is
hereby added to read as follows:
SECTION 47, Lawn maintenance, landscaping restricted contractor,
landscaping unllmlted contractor.
Effective July I, 1998, each separate place of'business in Collier County that
engages in lawn maintenance, hndscap~ng resiricted contracting, or landscaping
unlimited contracting, shall pay occupational license taxes as follows:
(1) Owner only - no employees ............. S!0.00
(2) 1 to I0 employees ........................... ! 8.00
(3) More than 10 employees ................. 20.00
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance o£the City of
Naples or of Collier County, or with other applicable law, the more restrictive
shall apply. If any phrase or portion of'this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of any of the remaining portions.
SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES.
The provisions of this Ordinance shall become and be made a pan of the
Code of Laws and Ordinances of Colller County, Florida. The sections of this
Ordinance may be renumbered or relettered to accomplish same, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon rcccipt of notice from the Secrctary
of State that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ..... day of_ ,1997.
ATI'EST:
DWIGHT E. BROCK, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
TIMOTHY L. HANCOCK, CHAIRMAN
Approved as to form and
legal sufficiency:_ ,
Th3rnas C. Palgc'r
Assistant County Attorney
JAN I 3 ~.q8
PETITrION NO. CU-95-16, TERRANCE KEPPLE REQUF, STING AN EXTI~SION OF
CONDITIONAL USE "1" AND "Y' IN THE "E" F. STATF. S ZONING DISTRICT TO ALLOW FOR
A HOUSE OF WORSHIP AND CHILD CAR~ CENTER THAT HAS PR~/IOUSLY RE~D
CONDITIONAL USE APPROVAL, FOR PROPERTY LOCAT]~ ON TI~ SOUTH SIDP- OF
C~LDEN GATE BOULEVARD IN SECTION I 1, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
This petitioner is requesting the second of three (3) allowable one year extensions of conditional use
"1" and "3' oftbe "E" Estates zoning district to allow for a church and child care facility.
CONSIDERATIONS:
Section 2.7.4.5. of the Collier County Land Development Code (LDC) requires that the conditional use
extension be applied for before the expiration date of the previous conditional use approval, the
applicant has made a request for extension based on thc following information.
The approved development order (Resolution 96-27) for the conditional use remains consistent with all
elements of the GMP and in particular the Golden Gate Master Plan which permits churches as a
Transitional Conditional Use in Estates Zoning District. The subject 4.5 acr~ site was approved for a
280 seat church and 102 student child care facility. A site inspection by staff indicates that there have
been no changes to existing land uses on the surro~d~g properties since this conditional use was
approved.
Correspondence from the owners agent advises that members of the chtu'ch are actively pursuing the
steps essential to initiating construction of the chin-ch as noted in the letter of application for this
condit/onal use extension, a copy of which is included with this executive summazy. The petitioner
indicates that duri,ag the past year, they have obtained site development plan approval while the
architect has compl~ted the construction plans. They have also indicated that construction of site
improvements including the construction of the building will commence early next year.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that thc petitioner's property is located outside ~m s~a of historical ~nd
archaeological probability as referenced on the official Collicr County Probability Map. Therc£ore,, no
Historical/Archaeological Survey and Assessment is ?quircd.
RECOMMENDATION:
That a second extension bo granted to Petition No. CU-95-16 in accordanco with the attached
Resolution and Extu'bits thcTcto.
PREPARED BY
PRINCIPAL PLANNER
DAT~ /
REVIEWED BY:
,I~OB~,RT J. MULHERE, AICP
CURRENT PLANNING MANAGER
PD~E~O~'~/~%TMENT DIRECTOR DATE//
VINCENT A. CAUTERO, ADMINISTRATOR DATE "
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
2
JAN 13 1998
~.:2. _
3806 Exchange Avenue '* Naplesl Florlcla ,34104
(941) 403-1780
Fax (941) 403-178/
?,.~y ]~11ows ·
PI. arming Services
'2800 N. Horseshoe Dr.
· Naples, FL 34104 '
October 30, 1997
Re: CU-95-16
C~rcss Wood Presbyterian Church
Mr. Bellows,
On behalf of the Cypress Wood Pr~sbyteria~ Church, I would like to apply for an
extension to the conditional use. Enclosed, please find/he application fee of $175.00.
As background to our request, I would note that during the past y~r, the Church has
made the following progress on the property:
1. Site Development Plan (SDP 96..170) v,~s approved on March 13, 1997.
2. The Church has paid off the property.
3. The architect has completed the complete .~t of construction plans.
4. The Church is in the process of receiving bids for consm~ction.
It is anticipated that construction of the site improvements will commence early next year
with the building under construction shortly thereafter. We had anticipated that the
building would be under construction at this t/me, however, due to financial
considerations, it has not come to pass,
I trust this information will allow your favorable review and scheduling before the
County Commissioners. If you have any questions, please call.
Respectfully,
Kepple Engineering, Inc.
JAN 1 3 1998
[
___, ':,,~'~... --g...
GOLOEN GA TE BL VO. CHURC~
Vacant Wooded £stotes Lots
Vacant ~ooded Estates Lots
Praise:t/
f. tip to ?0~ of P~'~g
of the Lond Dev. C~e.
2. The Natv~M
of ~osh P~e$ and
tt~ ~esh P~es .;th ~/
~ ~ces~ C~es~
3. P~et~
e~ept ~e lacat~
~ ~fr~t
~ Phe~e
C~e ~th
12~ Stud~tL
Proposed
C oun ff
NO turol
Are:
Polk on
Estates ~"~
Lot
Church
Foc#itMs
10,000
Sq. Ft.
No turol
Stormwoter
Trea tm en t
Natural Area
G. Me~ G~te
S~gte-Fam~y
Home on
Wooded
Estates
Lot
1
2
3
9
I!
12
RESOLUTION
RELATING TO PETITION NO. CU-95-16 FOR
EXTENSION Or CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED ZN COLLIER COUNTY,
FLORIDA
WHEREAS, the Legislature of the State of rlorLda in Chapter 125,
Florida Statutes, has conferred on all Counties in £1orida the power to
establish, coordinate and info:ce zoning and such business regulations
Developmen~ Code (O=dinlnct No. 91-102} which es=ablishes
~ zoning =egula~ions fo= ~he zoning of pa==icula= divisions of
11 Cond~tional Uses~ and
WHiRlS, on Janua:y 23, 1996, ~he Board of Zoning Appeals enacted
19 Resolu=ion No. 96-27, a==,ched hereto and inco=po=a=ed herein, which
~ gran=ed a condi~ional us~ pu=suant ~o Ordinance No. 91-102,
~ church and child ca=e c~=e=, on the below described prope=ty~ and
WHiRlS, on Ja~.u~:y 14, 1997 the Board of Zoning Appeals enac=ed
23 Resolutio~ No. 97-51, az=ached hereto and inco=~=a=ed herein, which
2~ Resolu=ion No. 97-51;
WHiRlS, Subsec=ion 2.7.4.5 of ~he ~nd ~velopmen~ Code p=ovides
~ =ha= =he Board of Zoning Appeals ~y ex,end ~he one (1~ yea=
2~ period for a condi~io~a! use which has no~ been co~menced~
29 NOW, THERKFORE ~ IT RESOLED, by ~he Board of Zoning Appeals of
30 Collier County, Florida Chat:
33 the second of three (3) pelleted one (1) yeaz exte~sions, tn interest
~ of the following desc=ibed
~6
39
-1-
JAN 1 3 1998
is hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 91-102}, &nd the expiration date for
Resolution No. 96-27, attached hereto and incorporated herein as
Exhibit "B", and all conditions applicable thereto, is hereby extended
fo= one additional year until January 23, 1999.
BE IT FURTHER ~SOLVED 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 ma~oritY vote.
Done this day of _, 1998.
il
12
14
16
17
18
20
2!
22
23
24
BY:
TIMOTHY L. 'HANCOCK, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
2S Approved as to Form &.-.d Legal Sufficiency:
30~~ ~s~s~ County
31
33
-2-
Boundary. Survey
. CERt' I FICAT I
I HEREBY CERTIFY TO: ..,
JAHES H. SHITH AI~D ~LLIE REBECCA S~ITH:
T~T A BOUNDARY SUR~EY OF~T~CT~97~ ~EN ~TE ESTATES ~IT ~. ACCORDING
THE P~T THEREOF AS RECORDED IN P~T ~OK k PACES 79 & 80 OF 1HE PUBLIC
RECORDS OF COLLIER CO~TY~ FLORIDA ~ COMPLETED ~ER ~Y DIRECTION ON
A~UST 3~ 1995.
BY ~~~..~ BAT
EXI-IIBIT "A"
JAN 13 1998
RESOLUTIO~ 97-
RELATXNG TO PETXTION ~O. CU-95-16E FOR
~SXON OF CO~IDXTXO~L USE OF PROP~TY
H~EINA~ DESCRIBED IN CO~I~ CO~Y,
~RZDA
WHEREAS, the Legislature o£ 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
aa 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 emtablishes comprehensive
zoning regulations for the zoning of pa~icular divisions of the
County, among which is the granting and extending the time period of
Conditional Uses; and
WHEREAS, on J~nuary 23, 1996, the Board of Zoning Appeals enacted
Resolution No. 96-2~, which granted a conditional use pursuant to
Ordinance No. 91-1Q2, for a church and child care center, on the below
described prope~cy; and
WHEREAS, Subsection 2.?.4.S of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (l) 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, Florida that:
The vritten request of Terrance L. Kepple of Eepple Engineering,
Inc. representing James & Allie Smith for the first of three (3)
permitted one (1) year extensions, in interest of the following
described property:
See attached legal description
Exhibit "A"
is hereby approved pursuant to Subsection 2.7.4.S of the Land
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 9S-27, attached hereto and incoxporated herein as
Exhibit "B~, and all conditions applicable thereto, is extended hereby
for one year until January 23~ 1998.
BE XT FURTHER RESOLVEO that this Resolution be recorded in the
~lnutes of this Board an~ in the records o£ She Petition £orVhich the
extension is qranked.
offere~ the foreqoinq
Commissioner Co~s~a~tme -
Resolution and ~oved for its adoption, seconded b2 Commissioner
Mac'Kie .... , an~ upon roll call, the vote wast
AYESI ¢ommiesioner Conl~am~lae, ¢ommlls£one~ ~&c'Xle, Commissioner
¢ommieelone~ 8er~¥~ and Co~lssioneg Hancock
~BSE~T ~D~OT VOTXNG~
ABSTL~TION:
Done this 14 day of ~ ~anuac¥ _, 1997.
BOARD OF ZONING APPEALS
COLLIER COUWI~, FLORIDA
C.U. EXTENSION RESOLUTXON~18723
-2-
JAN 1 3 1998 I
PfC
¥1NSTAD, surveyor in t.r~nstLton to,
P.L~- SURVEYS CORP. LB 6569
PstP. J'£SS~N~. LMO SURVt'Zg~S &
· --.--.-..-,:,:.~r~~,~ , ""'"'".,,,, ,,,,.,. "'" "'"' ,,,..,"'"
,kS I~tCORO~ tn I'LAT ICOK 4 I)AGtS ?9 · lO 0.' ~ I'Vll. l¢
coLt. tn coup, KOatOA..-,,~ ,(Y~T'¥, "C-~,
AUCUST 'J. liJ~J$.
- " k L I,J~tftA S~IITI'I
JAN 13 1998
, ~._11
'i.
ESOL ZO..e-_
A RESOLUTION PROVIDING FOR THE ESTABLISHmeNT
OF A CHURCH ARD CHILD CARE CENTER CONDITIONAL
P~SU~ TO SE~IO~I 2.2.3.3.1 ~ID 2.2.3.2.30T
~E COLLZER CO~Y ~D D~E~P~E~T CODE FOR
SO,H, ~IGE 26 ~$T~ COLLIER CO~;TY~ F~RIDA.
~dERZAS, the Legislatur& of the State of Florida in Chap=ar
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as ara necessary fcr the
protection of the publicJ and
%THERE,S, the c~unty pursuant thereto has adopted a Land
Development Code (O~dinancs Ilo. 91-102) vhich includes a Conprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
I
Conditional Uses; add
WHERF.~S, the Collie= County Planning Conn~ss~on~ being the ~ul~
appointed and cons=i~u=e~ planning boar~ for ~he area hereby
held'a n - and
has public hearing after notice as in sal~ regulations ,a
provide~, an~ has consf~=e~ th~ a~visabllity of conditional Us~ "1"
and "3" o~ Section 2.2.3.3 in an "E" zone for a church an~ child care
of fact (Exhibit UA") that satisfactory provision and arranqenen= have
been nad· concerning all applicable hatters re.ired by said
requla~ions and ~n accordance vith Subsection 2.7.4.4 of ~he Land
Development Code for the Collier County Planning Co~nission; and
~S, all in=·rested par=ies have been given opportunity
heard by ~his Board ~n a public netting assenble~ and ~he Boar2
considered all ~a~ters presented.
NOW, ~FO~ BE IT RESOLVED, BY THE BO~ OF ZONING ApP~LS
Collier County, Florida that=
eti on oover, oover P annin
repr.sentin~ ~a~es H. and X~l~a ~ebecca ~nith vith respect to
property hereinafter described as:
Exhibit "B' which is attache~ hereto and incorporated by
reference herein
be and the sane is hereby approve~ for Conditional Use "1n and "3" off
Section 2.2.3.3 of the nE" Estates zoning district for a church znd
child care center in accordance vlth the Conceptual Haster Plan
(Exhibit "C") and sub, eot to the follovlnq conditions:
Exhibit "D" vhich is attached hereto and incorporated by
reference herein.
BE XT FURTHER RESOLVED that this ~esolution be recorded in
ninutes of this Board,
of~ere~ the £oreqoin~
co~lssioner ~ac'E~e .
Resolution and ~oved for its adoption, seconded by Commissioner
Bancock and upon roll call, ~he vo~e vas:
Commissione:.~occis
AYES: Commissioner ~ac~e, co~=l$$~one~ 8ancock, Co~missioner E~.~hevs~ ac
'
~SSE~T ~;D ~OT VOTI~: ¢o~is~,one= Constantine
ABSTE~TIOH:
Done this ~ d&~ of~, 1996.
BOARD OF ZONI};G APPEALS
COLLZER COUNTY, FLORIDA
CU-SS-XSRESOLUT20N/1S341
t
FINDING OF FA~'r
BY
COLLI£P. COUNTY PI, INNING CO~ISSZON
}'OR
FOR
~ETZ?ZOH NO.
'me folloving facts are found:
X. Sections 2'.2.3.3.t G 2.2.3.3.3 of the Land Devlopnant
Code autho~ized the conditional use.
2. Granting the conditional usa will not adversely
adve=ssly
the public interest and will not a~fect other
property or uses in the same district o: neighho.hood
because of, t
A. Consistency w£th the Land Oevelopnen~ Code and
Orovth Hanagemen~ Plan: /
B. Ingress and e~ress to property am~ proposed
structures thereon wi~h particular re~erence to
automotive and pedestrian safety and convenience,
traffic flor and control° and access in casa o~
fire or catastrophe:
Adequate in~ress/A egress
Yes .~____No
-c. Affects'nel~horing properties in relation to
noise, ~la-/e~,economic or odor effects:
~~o affec~ or Affect mitigated by .
Affec~ ca-~'~ be
proper~y in ~he dis~rict: . --
Cc~pa~ible use vi~hin~lskric~
Based on ~he above ~lndinqs, ~hts conditional use
wl~h s~lpula~iona, (copy a~ac~ed) [(should nc~) Me
~eco~ended ~or approval ,, G~..I _
FINDING OF FACT
Exhibft""A"
JAN 1:1 1998
/4.._
FINSTAD, surveyor in transition to,
F.L~ SURVJ~YS CORP. LB 6569
AS II£C~R~[O IN PI~T ICO1C Ii IPAGT~S 79 & lO OI~ ~ I)USt. lC
CQLLILK co~3~r, FLOIIOA.
1" · lot
i, RoJccr lo tS..**
oo
GOLDEN
BL VD.
CHURCH
Ecu.', ::'~
Scale:
Church
S~rL
Avenue
Centerline of 60' ROW
Proposed Ceunt, y Pef~
Active Recreet;enel F'~c~l~t~s
en Estates
$~te Are~
I 4.92 Acres
D:BZB~'Z'
P~oosed Cos~t}, Pcrk With
Active R~cr~t;o.=l t'ec;I;t;es
on Estates Prepert~
chnical Services ~amaqer ~a2 app:ove
bulldinqs; _ stt?c~ures, ~.~P~ ~ USeS
and approved vithin this ccn~ltional ~se application, cc
,, · sl~e lan subnit~e~ as part o~ this
or cha is to th P 1 o~ a
app · · a xxca~lcn, and shall c P 2 .
applicabl, ~o~n~. oz~a~c~_ ~nq e~lte Developmen~ Plan
~eviev and approval, o~ the Collier Count? La~d
Developmen~ Ccde (O~dXnamce ~o. 91-102).
b. Th·~ the chu=ch ~aclli~¥'be made available £or use ~ a
Ce
~aintenanca (exoCtc-~ee~ plan tot
nnl~ & Technical Services £nviron:en:al
~ev£ev S~a£~ cot revxev anG ap~,- r'
plen/cons~r~c~icn plan a;proval.
or compliance tot Phase l**
A vestboum~ le~C ~u~n lame shall be requice~ ~er ~he
~.;o-lane co~i~£on should the County, in i~s sc~e
opinion, di:er~ine
requirements require iC. Such ~urn lane, l~ req~re~0
shall be in place
tot Phase IX.
· r-lane con~l~icn, t~e County ~ese~.~'~s
Under the_£c~- . ...... = --- -~& the desira~llic¥ o-
a neaxan cG~nAnw ,~__s_a_.'~,._ .... sa~v or des~ram~e,
~edian openzn~ zs GUSnt~ - ..... · o enin shall
..~rt cos~ o~ ;rovidin~ the median . ~ -~ .... ~all
ben~Eltinq property ovner~s). -,,'-~ '" -
borne~he
....... ~u~ lame va .-
h~ ~o an~ su~ · '
~:v~p~J~ under any ,,velopu,n, or, e= a=,si~ c,-c.
/ EX~X~XT "D#
-X-
care cac~c ~o 2,600
child cart to 3,700 s~a~t
~s pe.-sonal~~ vl~o has
ts
STATE OF FLO~ZDA
¢O01<~rOF COLLZL"A
/
~S343
--2-
FXE~UTIVE SUMMARY
APPROVE A WORK ORDER AMENDMENT UNDER FIXED TERM
PROFESSIONAL ENGINEERING SERVICES AGREEMENT 9S-2422 FOR
ADDITIONAL SERVICES FOR THE DESIGN OF LANDSCAPING,
IRRIGATION AND DOCKS AT SUGDEN PARK.
OBJECTIVEi Approve Work Order Amendment WMBP FT96.14-A (copy attached) to
Wilson, Miller, Barton & Peek, Inc. for additional ser~ces for the design of landscaping,
irrigation, and docks at Sugden Park.
CONSIDERATIONS: During the design and bidding of the landscape, irrigation, and
dock components for Sugden Park, additional services have been requested of the
project designer (Wilson, Miller, Barton and Peek, Inc.) by Collier County Staff. These
services are necessary to insure proper sequencing of the project, provide thorough
coordination between various drawings, provide clear definition of product specifications,
and revise drawings due to requested changes. Additionally, due to the time extension of
the construction phase of this project, additional professional services during constmctlon
are required. Together, these additional services exceed the mon~ary limits approvable
by Staff, thereby requiring Board action.
Original Agreement Amount ............................
Sum of Previous Amendments Amount .....................
This Amendment Amount ...............................
Revised Agreement Amount .............................
$46,4OO.OO
2,99O.OO
5,470.00
The previous administratively approved amendments were for additional topographic
surveying and client meetings.
FISCAL IMPA(~r; Funds in the amount of $15,470.OO are available for this Work
Order in'
Fund: 306
Cost Center: 116360
Project: 800Sl
Parks Improvements
Parks Capital Projects
Sugden Park
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATIONS: That the Board of County Commissioners approve Work
Order Amendment WMBP FT-96-14-A under Agreement 95-2422 to W'dson, Miller,
Barton & Peek, Inc. for additional sc,~ces for the design and landscaping, irrigation and
docks at Sugden Park and that the Board authorize the ~ to execute Work Order
WMBP FT96-14-A.
Executive Summary - Work Order Amendment for Design of Landscaplng, Irrigation, and
Docks at Sugden Park.
December 4, 1997
Page 2
PREPARED BY:
REVIEWED BY:
~ Date: ~
O~ce of Capital Projects Manasen~t
Adolt'i A. ~P.E.~r
1 ·
REVIEWED BY~ · :,'.~' ffg~/~
Parks and Recreation
REVIEWED
Date:
Date: ~' >': ~'-7'
BY:~ Date:
Pub~cWorksDivision
WORK ORDER #WMBP FT96-14-A
Agreement for Fixed Term Professional Engineering Services
Dated September 26, 199S (Contract #95-2422)
This Work Order is for professional engineering services for work known as:
Proiect: Su.gdcn Reeional Park Landscape Architecture Services. HYdrotra_~hic Survey.
~tructural Pier and Dock Dcsi~ - Additional Services
The work is specified in the proposal daied November lg, 1997 which is attached hereto
and made a part of this Work Order Amendment. In accordance with the Terms and
Conditions of the Alp'cement referenced above, Work Order #WMBP FT96-14-A is
assi~ed to Wilson, Miller, Barton and Peek, Inc.
Bid Project Through Two Bid Packages
Coordination of Drawings
Specification of Site Furnishings
Extend Construction Phase
l;chedule of Wol'.k.i Complete work within 180 days from receipt ofthe Notice to
Proceed authorizing start of work for additional services.
Compensation: In accordance with Article Five of the Agreement, the County will
compensate the Firm in accordance with the time and material indicated in the schedule
below.
Bid Project Through Two Bid Packages
Landscape Architect 3 24 his (~ $80/hr $1,920
Engineer 3 4 hrs. (~ $80/ht $ 320
Subtotal Additional Fees, Two Bid Packages
$2,240
Coordination of Drawings
Site Sheets 2-12,. 16 and 17-LD-471
Landscape Architect 5,
Landscape Architect 4,
CADD Tech 3
4hrs.(~ Sll0/hr S 440
ll hrs.~ S95/Er Sl,045
24hrs@ S65/hr $1,560
Irrigation Designer
lOhrs@ $56.$0/hr $ 565
L~,ta~. IT~n
lll.lt.g~XI) .
JAN-I 3-1998
Work Order #WMBP FT96-14-A
November 26, 1997
Page 2
Dock Design Sheets 2, 7, 8--LD-487
Engineer 4
Engineer 3
CADD Tech 2
4 hfs @ sg$/hr
20 hrs @ SS0/hr
12 hrs @ SSS/hr
Subtotal Additional Fees, Coordinate Drawings:
Specification of Site Furnishings
Research and select products, identi~y suppliers, resolve conflicts
Landscape Architect 3
Bidder questions
Landscape Architect 3
hrs. @ SS0/hr
S ~ @ SS0/tu'
Subtotal Additional Fees, Site Furnishings:
Extend Construction Phase
3 hrs avg/week for 7 months
Original Fee for 3 months'
Subtotal Additional Fees, Extend Construction Phase:
TOTAL ADDITIONAL FEES:
90 hfs @ S84/hr
$ 380
$ 1,600
S 660
S6,250
S2,480
S 400
S2.880
S7,600
S3.500
$4.100
S15,470
Any change within monetary authority of this Work Order made subsequent to final
depar~ent approval will I~ considered an additional service and charged according to
Schedule "A' of the Agreement.
JAN I 3 1998
Work Order WMBP FT96-14
November 26, 1997
Adolfo A. Go"~zalez, P~., Dh/ector
Office of Capital Projects Management
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
By:
Deputy Clerk
By:
Timothy L. Hancock, AICP, Chairman
Approved as to Form and
Leg~al Sufficiency: .
^~t. County ^homey
Miller. Barton and Peek. Inc.
Contractor
ATTEST:
(Corporate Secretary)
Secretary/Treasurer
Type Name and Title
(or) wimesses (2)
(I)
Signaturo
By: ~
Signature
(2)
Signature
Print Name
Jl~s~.~o~, .'MBP FT-96-14A
Print Name
I*! AI~.Nr. RN, F_NVIRO!qM~NTAI C. CLN.~t~LTAN I.~, ~lqt;ll4rr'R.%,
Novcmb~ l $, 1997
Mi'. Joe Delato ILLA
Project Manager
Collier County
Office of Capital Projects Manag, cment
OCPM BuiMin$
~301 ~ast Ti. miami Trail Naples, lq. 34112
RE: Sugdcn Park Additional Services
Dear Joe:
Follow~n8 is the man-hour calculation tl~t is the basis £or our additional services request, Item 2,
Coordination o£ Drawings, and Item 4, Extended Construct|on Phase. I have provided t~e scope
description with thc backup info:marion. I trust this will satisfy your r~quest. Please call me or
Dayna if you have any questions.
Bid Project Through Two Bid Package~
The original agreement required one bid package £o~ planting, irrigation, docks and dgnage.
When the documents were about 80% complete Wilson Millex was directed to separate thc
documents so that planting and irrigation could be bid separately ahead of'thc docks, signage
and site fi~rniturc. This required reconfiguring and renumberin8 some sheets, preparing new
covcr sheets and bid forms, coordinating necessary notes and specifications and separate
review for each bid package.
Landscape ?d'chitect 3
Engineer 3
Subtotal Additional Fees, Two Bid Package~:
24 hfs (~ SSO/hr S1,920
4 hfs (~ $80/hr ~
S2,240
Coordination of Drawings
Revise Sheets 2-12, 16 and 17-LD-471 to show changes in buildin8 and walkway locations,
final site furnishings locations and slgnagc; adjust quantities, plant material and irrigation.
Revise Sheets 2, 7, 8--LD-487 to show rcconfigured dock #2 and to specify alternative deck
and structural design for Base Bid of recycled plastic decking and deduct alternate bid of
pressure treated wood deckins; also revise these sheets to show all site plan and furnishings
changes. ~
~2C:O 13adey l.a~w. ~li~ 200. N.ple~. FtorkLx 14105.8507 ° PI, 94t.649ai040 g~ 941-64 L~
T1~' I~:OS FAI 941 813 $718
WILSON MILLER
MILLER
i~i003
Site Sheets 2-12. 16 and 17--LD-471
Lznds~ Architect 5;
Landscape Architect 4,
CADD Tcch. 3
Irrigation Designer
4 hfs (~ S110/~ i 440
24 h~s ~ S 65/I'u' Sl,560
tO hfs @ $ 56 SO/hr $ .565
DockDeslgnShcc~s2,7,$-LD'4$? 4hfs 1~ $ 9S/hr $ 380
Engineer 4 20 hfs @ $ SO/hr $1,600
Engineer 3 12 hfs ~ $ 55/hr L.f~--Q
CADD Tcch 2
Subtotal Additional Fees, Coordinate Drawings:
S6,250
Specifi~tion of Site Furnishings:
The Asrccment assumed that all sitc furnishings h~d becn selected, detailed and spccifi~ by
others, and that Wilson Miller would only include a loc~fion pl~ and schedule in its
documents The selections and information wc~c not complete, requlring Additional Services
to rese~ch and select products and manufacturers, resolve conflicts between specifications
and details, research and identify suppliers end local contacts for selected items. During
Bidding phase, research and answer bidder questions on items not selected by Wilson Miller
Research end sdcct products, identify suppliers, resolve corfiicts
Landscape Architect 3 31 lus 1~ $ SO/hr $2,480
Bidder questions
Landscape Architect 3
Subtotal Additional Fees, Site Furnishings:
s l~s @ $ So/hr $ 40Q
S2,850
Extcnd Construction Phase
Our original Agreement was based on a condensed construction schedule of three months to
mcat an anticipated opening date that nO longer applies to the Project. The current sc~ule
will e~ctcnd thc Izndscepe construction to a scven month pcrlod. That will rcqulre additional
trips to the site, as well as additional communications ~nd review of pay requests. The
calculation assumes +/- 25% of the time is LA 4 ($95/h0 end ?5% of thc time is LA 3
($$0/hr); average billing r~tc +1- $$4/hr.
ILLER
3 hr% avg./week for ? months
Original Fee for $ months
~Oh~ @
Subtotal Additional Fees, Eztend Construction Phnse:
$ 84/~' $'7.6O0
TOTAL ADDITIONAL FEES: $1~,470
Please review this request and if you agree, please use it to support our request for a Purcha~
Order for the Additional Services. Pleaso call me, or Dayna F~drick to discuss these ilems or
any questions you may have.
Bruce ~ -'~
Vic~ President
c: D. F~ndrick
EXECUTIVE SUMMARY
APPROVE COLLIER COUNTY GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO
SOUTH FLORIDA WATER MANAGEMENT DISTRICT.
D.~JEG.~]~ To approve Collier County granting a Temporary Construction Easement to South
Florida Water Management District from March 1, 1998 through and Including May 1, 1999.
CONSIDERATION: South Florida Water Management District/Big Cypress Basin is in the third
phase of the Cocohatchee Canal Improvements Intended to raise the region's water table and to
provide a greater level of flood protection. The project's components include approximately 6 miles of
canal excavation, a new water control structure, and the replacement of several crossings that
Impede the flow of water in the canal. All Improvements will take place within the existing 100' canal
right-of-way adjacent to Immokalee Road. However, South Florida Water Management District must
acquire Temporary Construction Easements for construction staging and for the deposit of spoil
material on an interim basis.
Collier County owns land which is part of the Livingston Road right of way in Section 24, Township 48
South, Range 25 East. The Easement Parcel sought is referred to as Big Cypress Basin Tract No.
100-143 as shown on the enclosed sketch and as described in the enclosed legal description which is
identified as Exhibit "A" attached to the Temporary Construction Easement document.
Staff from Collier County Departments has reviewed the subject project and has no objections to the
granting of Temporary Construction EasemenL The County Attomey's Office and the Office of
Capital Projects have reviewed and approved the Temporary Construction EasemenL
FISCAL IMPACT: Staff estimates that the total cost of recording the Easement will not exceed
$30.00. Funds are available in the General Fund (001), Stormwater Management Administration
(172910) budget. The recording cost will be reimbursed by South Florida Water Management
District.
GROWTH MANAGEMENT IMPACT: None.
~ECOMMENDATION:
1. That the Board of County Commissioners grant a Temporary Construction Easement to South
Florida Water Management District;
2. Authorize Chairman to execute the attached Temporary Construction Easement; and
Authorize Staff to record the Temporary Construction Easement in the Public Records of Collier
County, Florida.
&GENDA [TEM
JAN 13 1998
VVllma Iverson, Senior Specialist
Real Pm Irty Management Department
Richard Hellrlegel, Ser~lor Pr~lecJ~la~ager
Ed Ilschner, dmlnlstrator DATE."
APPROVED
BY'
Public Works DMsion
Return to:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
P.O. Box 24680
West Palm Beach, FL 334t~4680
This Inatrument prepared by:
Holly Young, Esquire, o
South Florida Water Management District
3301 Gun Club Road, P. O. Box 24680
West Palm Beach, FL 33416-4680
Project: Big Cypreea Baain Cocohatchee Canal
Tract No.: 100-143
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE made this ... day of .... . 19 . between
COLLIER COUNTY, a political subdlvision of the State of Florida. whose mailing address is
3301 East Tamiami Trail, Naples, Collier County, Florida :34112, hereinafter referred to as
Grantor, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida. with its principal office at 3301 Gun Club Road, West Palm Beach. Florida 33406.
and whose ma;ng address is Post Office Box 2,4680, West Palm Beach, Florida 33416-4680.
Palm Beach County, hereinafter referred to as Grantee.
WITNESSETH:
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged.
the Grantor hereby grants to the Grantee. SOUTH FLORIDA WATER MANAGEMENT
DISTRICT. its successors and assigns a Temporary Construction Easement. for the purposes as
set forth below, over the following descn'bed lands, situat, in Coll'er County, Florida. to wit
("Easement Parcel"):
Legal Delcripflon Attached al Exhibit"A"
For any and all purposes necessary, conva~ Incident to, or in connection with. the
construction of any project in the interest of flood control, reclamation, conservalion, recreation.
water storage and allied purposes now or that may here;alter be conducted by the Grantee herein.
or its successors or assigns, Including, but not limited to, depositing, sted~ and removing
dredged or excavated material, constructing and uslng detour and access roads, instalr~g
culverts and power facilities, constructing and using by-pase channels and return water ditches.
laying, operating and using dredge pipe lines, and storing equipment materials, vel'Jdes and
euppr~es, in carrying out the purpose and Intent of the Statutes of the State of Florida relating to
the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, presently existing or that may be
enacted in the future pertaining thereto.
Page 1 o£ 3
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in anywise incident or appertaining to the use, benefit and behoofof the Ca-antee through
and including May 1, 1999.
The easements and the rights herein granted, or any portion thereof, may be assigned by the Grantee
for use in connection with any of the purposes above mentioned.
All of thc covenants, agreements, easements and rights herein contained shall extend to, benefit and be
binding upon the parties hereto and their respective executors, administrators, personal representatives,
beir~, successors and assigns.
Prior to the expiration of this E~ement, Grantee, at its sole cost and expense, shall restore the elevation
of the Easement Parcel to at least the level(s) existin$ on the easement Parcel as of the date bereof and
seed any and all potions ofthe Easement Parcel which are altered by Grantee in connection with the
exercise by Grantee of its rights hereunder.
Grantee shall have the right to remove trees from the Easement Parcel in conjunction with the exercise
of its rights under the Easement, subject to the followLng terms and conditions:
(a) Grantee shall not have the right to "clear cut" (as that term is commonly understood in the
industry) the trees from the Easement Parcel.
Lb) Grantee shall provide notice to the Grantor of its intent to remove any trees fi'om the
Easement Parcel prior to the commencement of such removal by the submittal of a plan as
provided below. Replacement of trees may be required at the discr~on of the Grantor.
(c) Grantor, or its reprcsentatives, shall have the right, but not the obligation, to be present
during the removal of any trees from the Easement Parcel.
At least 30 days prior to the commencement by grantee of construction a~'dvities on the Easement
Parcel, Grantee shall submit a plan to Grantor, including areas proposed to be cleared and any access
· roads to be constructed on or over the Easement Parcel. Within seven CT) days after Grantors receipt
of such plan, Grantor shall notify Grantee in writing of its approval thereof(such approval not to be
unreasonably withheld) or of its reasonable objections thereto. II'reasonable objections ar~ made by
Grantor, Grantee shall modify the site plan accordingly and r~.subrait it to Grantor within seven (7)
days after Grantee's receipt of Grantors written objections. Within ~ (7) days at~ receipt ofsuch
modified plan, Grantor shall notify Grantee in writing of its approval thereof(such approval not to be
unreasonably withheld) or its reasonable objections thereto. Grantors failure to respond in writing
within each such 7-day period shall be deemed denial oftbe plan.
Grantor shall not allow any lien on the Easement Parcel superior to the Easement conveyed hcrcin.
Thc easements granted herein shall constitute casements nmning with the land and shall burden thc
Easement Parcel. ·
Page2of3
To thc extent authorized by law snd without waiver of'the limitations set forth in Section 768.28 (!~),
Florida Statutes, Grantee shall indcrnni~ and hold the County harmlcss fi'om any and all claims,
liability, losses and causes oi'~ctions arisinS out of any act, ~ror, omission, nesliSence of'the Grantee
or its agents or representatives ~sing fi'om or incident to the Orantc~'s pcfformsnce under this
Tcmpo~ Construction Eascment.
IN '~TI'NESS WHEI~EOF, the Grantor hcr~in has caused these presents to be executed in its name on
the day and year first above written.
Dated Project/Acquisition Approved by
BCC:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clm'k
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY;, ,
Approved as to legal
form and sufficiency
H~i~di F. Ashton
Assistant County Attorney
Page 3 of 3
I aca- oo- 4 - ' I
I S.E. 1/40F I ;
I S.E. 1/4' OF I
~ SECTION 24 !
!
I I "---"
510'
~ ~ ~A~ ~ ~ (IMMOKALEE ROAD)
CER~FICATION
~O H[~Y ~ ~.t ~0 ~ot~ I0 · ~hlc ~preoontotl~ of ~o occ~po~ng ~
:de~ptr~ and lo acetate to ~o be~ of my ~o~edge md b~lef. Or ~ ~ ~0~ ~ON.
~R~ ~ ~ot ~ls des~tl~ md ket~ meeto ~e
applicable MINIMUM ~NI~ ST~D~DS F~ ~R~ Itt f~h by ~0~
· e ~IDA BO~D ~ PR~~ ~D ~~S ~ ~ ~P ~
61017-6, ~IOA ADMINIS~A~ C~E, pu~ant to 8ectl~ R~ 25
472.027 ~tDA STA~ STA~S. COT.T.~E~ CO~
SO~H F~IDA WATER ~AGE~ 9[s~lC~
P.~ 8~ 2~M
~I ~N ~ RO~
DENNIS J. MEltER BIG ~RESS BA~ COCO~TCHEE P~SE 3
PaOF[SS~AL SUE~YOS AND ~PP~R OESCRIP~ON SK~CH
'FLOEIOA CER~RCA~ON NUMBER 2977 TEMPO~Y
CON~UC~ON ~EME~ d
FROM COLUER COUNW
CADD fie NO. ~ ~o9~.q~1998
Exhibit
Tract No. 01-I00-143
A parcel of land in Section 24, Township 48 South, Range ?.5 Fast, Collier County, Florida,
being a Inrt of land recorded in Official Records Book 1141, Page 1032, Book 1520, Page 61
and Book 1563, Page 1971 of thc Public Records of Collier County, Florida, and being more
particularly described ~ follows:
The West 375 feet of the Fast 510 feet'of the East one-half of the Southeast one-quarter of the
Southeast one-quarter CE ~A, SB ~A, SB ~) of raid Section 24, I.F. SS the South 160
Con~g 9.98 acres, moro or le~s.
Acreage calculated without benefit of survey.
BCB~Coltier County
A:~bcb~100-143.1gl
August 5, 1996
Revised: May 7, 1997
Revised: August 12, 1997
Revised: Octo~r 28, 1997
JAN ! 3 f998
REAL PROPERTY CONVEYANCE DOCUMENTS
RECORDING FORM
AGENDA DATE: Janue~ 13. 1§98
AGENDA ITEM:
COLLIER COUNTY AS GRANTOR:
PLEASE RECORD THE FOLLOWING DOCUMENTS:
Temporary Construction Easement, 5 pages
PLEASE CHARGE THE FOLLOWING ACCOUNT: 001-172910-649030
NOTE: PLEASE FORWARD A COPY OF RECORDED DOCUMENT TO REAL PROPERTY
DEPARTMENT, Attention: Wilma Iverson.
AG£.ND.%n'. E_M
No. -.J.~.L..'~.~_
JAN 1 3 1998
SUMMARY
APPROVE ARCHITECTURAL LIGHTING AGI~EMENT BETWEEN THE FLORIDA DEPARTMENT
OF TRANS~RTATION (FDOT) AND COLLAR COUNTY.
~: To obtain approval of an Ar~hitectm~! Lighting Agreement for highway lighting on U.S. 41
from D~vis Boulevard to A/rport-Pulling Road.
CONgTDERATIONS: On November 25, 1997, the Board approved Option A-I of agenda item 8(B)(3) and
funding sources for same. The FDOT prepared the attached agreement, which has been reviewed and
approved by the County Attorney's Office.
FISCAL IMPACT: The total cost of recommended Option A-1 is $411,255. The FY 1998 Budget
provided $236,000 for the lighting system, equally funded by MSTD Road District I (Fund 102) 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 Dis'a-ices.
MSTD Road District 1 (Fund 102) S87,628 share of the lighting improvements would be funded as follows:
$58,900 of surplus Carry Forward (102-919010) would be appropriated and $28,728 of the available Rese~,e
balance (102.919010) would be used.
MSTD Road District 3 (Fund 104) portion of S87,628 would be funded by appropriating $87,628 of the
$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
RECOMMENDATION: That the Board approve the attached Architectural Lighting Agreement prepared
by the FDOT and reviewed/approved by the County Attorney's Office, nnd authorize it's Chairman to
execute five (5) or/ginals as required by the FDOT.
PREPARED BY: Marou~ta Kin=_ Senior Secret_ DATE:
David F. Bobanick, Transportation Direc-'~r
REVIEWED BY~ DATE:~~_~
- Ed Xlschn~, Publi~Works Administrator
mk/O10698/ES FDOT US 41 Lit Almt.doe
Anachments: ~ Orilinal Alreewems and Plans
FLORIDA
LAWTON CHIL~S
GOVI~RNOR
Mr. Michael A. McNees
Assistant County Administrator
3301 £. Tamiami Trail
Naples, Florida 34112
DEPARTMENT OF TRANSPORTATION
801 Nort~Broa~ay ~e. Be-tow. lqoridn ~38~0 Thonus F. Barry. Ir.
Sec~La~
December 17, 1997
WPI 1114537
SPN 03010-3S54
US 41 ( Tamlami Trail)
Architectural Lighting Agreement
Dear Mr. McNees:
Enclosed are five (5) copies of the above referenced agreement, the terms of which were discussed with
you in the October 7 meeting, attended by Mike Rippe and various members of our staffs. Your execution
of this agreement will allow us to proceed with the US 41 lighting changes authorized by the Board of
County Commission on November 19, 1997.
Please have all five (5) original agreements executed by the Chairman of the Board of County
Commission and return them to my attention. We will also need two (2) original resolutions or certified
copies of the original Board action authorizing the County to enter into the lighting agreement and a
check in the amount of $411,255.00, which represents the participation approved by the Board.
After execution by the Department, we will forwarcl you one (1) original of the completed document. If i
can be of further assistance in this matter, please contact me.
Enclosures (4)
Cc:
David A. Twiddy
Ralph Mervine
W. H. Clarke
J. S. Gan:ia
Mike Rippe
Thomas Pridgen
John Shaw
District Director of Production
STATE PROIF..CT NO:
WPI No:
FAP No:
COUNTY:
03010-3554
1114137
COLUER
JOL'N'T PROJECT AGR.F. EM:ENT
BETW~-~ ~
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
AND
COLI.II~R COUNTY
FOR AR~CTL'RAL LIGHTING
ON US41 (DAVIS BL%q) TO AIRPORT RD)
This is an Agreement by and be~,een the STAT~ OF FLORIDA D~.PAR~ OF
TRANSPORTATION. hereinaf~r rden~ to as the "Dt~AR~ and COLIXER COUNTY,
hereinafter mfen'ed to as the "COUNTY"
WITNESETH
~,,Tt-U:-RF_AS, the DF_PAR~ is undertaking construction of improvements to U$41
between Davis Boulevard and Airport Road: and
~, thc COUNTY desires to upgrade the lighting fLxtur~s within the PRO/F. CT
form conventional to architectural lighting and is wlm.g to pay the DEPARTMENT for said
upgrade; and
~, it would benefit the motoring public to have such lighting upgrade done by
the contractor presently working in the area; and
WHEREAS, the COUNTY by Resolution, dated the day of _, 1998, a
certified copy of which is attached hereto and made a part hereof, has authorized the Chairperson
of the Board of Commissioners to enter into this Agreement.
NOW TH"EREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
I. The COUNTY agrees to pay the DEPARt, upon execution of this Agreement, the
amount of $411,255.00, which is the difference between $183,037.80, the contract price for
conventional lighting, and "Option A-l" chosen by the COUNTY fwm the contractor's
architectural lighting estimate.
2. Once the funds arc received by the DI~ARTlVfENT and this Agreement is executed by
both parties, the DEPARTfvftiFFI' will instruct its contractor to furnish and install architectu~
lighting in ,'ccordance with F. xhibit 'A", attached herewith and by this reference made a part
hereof, instead of conventional lighting.
3. The lighting L*malhfion is to take place on US41 from Davis Boulevard to Airport.Road,
the limits of the PROJECT, as depicted in the PROJECT plans attached herewith as Exhibit 'B"
and by this reference made a part hereof.
4. The COUNTY agrees to pay reasonable additional funds, as requested by the
DIEPAKI'MtiNT, to provide the necessary funding with which to complete the PROJECT. Said
request to be in writing and the additional costs to be substantiated by the Dt!PARTIVIN2qT.
5. The DF. PARTTZv:NT agrees to keep complete records and accounts in order to record
complete and correct entries as to all costs, expenditures and other items incidental to this
PRO~F..CT. Said records will be made available, upon request to the DI~laAR~, during the
term of this Agreement and for three (3) years after f'mal payment is made.
6. The DEPAR~ shall not be obligated or liable hereunder to any pai'ty other than the
COUNTY.
7. Unless otherwise specifically stated herein, this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
8. If any part of thh Agreement shall be determined to be invalid or unenforceable by a coun
of competent jufi.~ction or by any other legally constituted body having the jurisdiction to make
such determination, the remainder of thh Agreement shall r~main in full force and effect provided
that the part of tiffs Agreement thus invalidated or declarr~ unenforceable is not material to the
intended operation of tiffs A~eement.
9. To the extent allowed by Section 768.28, Florida Statutes, the COLTN/~ hereby agrees
to indemnify, defend, save and hold harmless the DEPAR~ and all of its officers, agents
or employees from all suits, actions claims, demands, liabilities of any nature whatsoever arising
out of, because of, or due to breach of this Agreement by the COU2qTY, its officers, agents,
employees or consultants or due to any negligent act or occurrence of omission or commission of
the COUNTY, its officers, agents, employees or consultants. Neither COUIWI~ nor any of its
officers, agents, employees or subcontractors will be liable under this section for the sole
negligence of the DF. PARTMENT or any of its officers, agents or employees.
10. This Agreement shall continue in effect and be binding on the parties until the PROJECT
is completed, final costs arc known and all payments axe made by the COUNTY.
2
I1. This document incorporates and includes all prior negotiations, correspondence,
conversations, agr~ments, or understandings applicable to the matters contained herein, and the
pani~ agree that there a~ no commitments, agreements or understandings concerning the subject
ma=r of this Agreement tha~ ~ not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether ora] or written. It is further agreed that no modLfication, amendment or altera:ion in the
terms or conditions contained herein shall be effective unless contained in a written documcnt
executed with the same formality and of equal dignity herewith.
IN WlTNF. SS WIiF. R~OF the COUNTY has caused this ~oint Project Agreement to be
executed in its beh~ tMs ~ day of ,19.o8, by the Chairperson of the Boa. rd
of Commissioners, and the DF. PAR~ has executed this :;oint Project Agreement through
its District Secretary for District One, Florida Department of Transportation, this . day of
,1998.
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
DtiPARTNIENT OF TRANSPORTATION
By: By:
CHAIRPERSON, BOARD OF
COUAVrY CO2vII%f/SSIONEP. S
DISTRICT SECRETARY
ATTEST: ATTEST:
By: ,(Sea]) By:. (Seal)
CLERK EXECU'ITVE SECRETARY
As to form and legality:
By:
District Legal Counsel
H :%USERS%LO 150iLL% WH C'~L£G AL'~' PA-COLL
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AWARD WOR~ ORDER #SC-31 TO CONSTRUCT A PARTIAL REGUlaTION BASEBALL FIELD
AT IMMOKALEE COM~qlTY PARK.
Objective: That the Board of County Commissioners award work order #SC-31, an agreement to consmict a
partial regulation baseball field at lmmokalee Community Park, to Sumy Construction Company.
Consideration: The Board of County Commissioners previously budget~ $125,000 towax~ the
construction of a partial regulation baseball field at Immokalce Community Park during the April 8, 1997 Board
meeting. Under the "General Contractor's Services", Contract #95-2334 dated March 28, 1995, the four
general contractors were requested to bid the project. Of the two responding vendors, Surety Construction
Company submitted a Iow bid of $I 10,306.
The additional field will improve scheduling opportunities for the many organizations currently utilizing the
existing facilities.
Fiscal Impact: The total project cost including engineering fees at a cost of S3,800 is $114,106. The
bond amount is $1,106. The total cost is $115,212. Funds will be made available via budget amendments
appropriating positive carry forward variance in project 80019/lmmokaiee Coum & Fields) in the Parks
Improvements Fund (306), in the amount of $$5,000, and in the Immokaiee Community Parks Impact Fee Fund
(365), in the amount of $57,712.
Growth Management: This project is compatible with the Recreational and Open Space Element of the
County's Comprehensive Plnn.
Recommendation: Staff recommends that the Board of County Commissioners award Work Order SC-31 to
Surety Construction Company, and approve the necessary budget amendments.
Prepared by: Date:
.k~ Dunnuck, OperatiOns Coordinator
Deparunent of'Parks and Recreation
Reviewed anti ,~
Approved by: e: /' ~"' ~f
Maria Ramsey,
Difeaor
Deparirnen! of Parks and Recreation
Reviewed ~md_ t '~,,---=.~,,
Approved bye t.? t- X ~_~P -
Thomas W. Olliff,-~~tor
Division of Public Servi~.s
Date: ~.~'. q_~
No. /
JAN I $
Order is for generaJ contr~ctlng
This Work
referenced above, for Work known as:
WORK ORDER #
SC-31 . .-,
"General Contractor's Servlce~ 0~'[
Con~a~ ~9~34, dated ~r~ 28~ 1995
r. 0oJ
subject to the terms ~d conditions of the Conuac~
PRO~C~ lmmoka~ce Commurd~/Pa~k l~ce Infield.
The work is specified in the l~rol)os~l da~ed $/21/97 ~'om ~ Surety Const. Co. wMch is at~ched hereto
mede apert offs Work Order. In ecconh~ce wkh Terms and Conditions of'the Agreemem referenced above.
Work Order #SC-] ! is assigned to the Surc~7 Cons~c~ion Company.
Scoue · This Work Order is based on a leuer of 8/18/~? and a l~'e-bid meerlng on ~/1~/97 ~! includes
foUowlng:
· 70' of 6' fence with t'wo (2) gates, 99' of 20' hi{by'th 4' wings.
m Irrigation 2 zones up to 6 h~ds only.
· Two (2) elec~ricel outlets - one (1) to e~ch dugout.
· Two (2) new dugout to rn~tch existing.
· Bubbler fou.,~t~ins to e~:h dugout.
· Architecm~ fees for dugouts only.
m Sod to 20' outside baseline.
· Cle~ site and ~ zo match ~jacant field, not to exceed
· Asphalt ~ro~cl concession stand.
· Furnish ~nd place r~ clay,
· Yumi~ ~d ins~ bases.
· Permit fee by owner.
· Bond fee ~__included.
· Engineering fees not included
Schedule of Work: Complete within 90 Cal. Days from receipt ofpcn'ni~.
Li~.uida~ed D~magei: Will be assessed at S75.00 per ctlcndar dayJ
Payment and Perforrrlance Bonds: _'Vk~k~'-,~,,,~'~d. ' . ,~' / [ 0 ~'o C) o° ~"~
Compensation: In accordance with Item 3 of the Agreemem, ~he Courn'y will compensate the Firm in accordance
with the negotiated lump sum ~mount.provlded ~ the schedule below.
TOTA~ FF~ $ ~ To be p~id in three (~) equ~l payments, one-third Ge ~s~ month, one ~hird ~he
second mom~ ~nd one-~rd upon ~ ~cep~ce by the
Any change made subsequent to final depmme~ approval ~ql be considered ~n additional service ~d charged
according to an executed Chtnge Order ss enumeraIed in £xhibi! D ofthe Altreement.
l --'Agenda
No.
JAN !
· Work Order SC-31 (cont.)
Page 2
'Date
ATTEST:
Dwigh! E. Brock, Clerk
By:
Deputy Clerk
Date
ATTEST:
By: _
BOARD OF COUNTY COMMISglONER~
Collier Count, Florida
By:
Timothy L. Hancock, Chairman
dm '--'
Si~ature
(Corporate Secretary)
Typed Name and Title
(or) ~tnesses (2)
//~ignature
('Print NmO
Approved as to Form and
Assistant County Attorney
....,..,-,.,~ . ~rcn~nON AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY
COMlVlISSIONERS TO EXECUTE LIMITED USE LICENSE AGREEMENTS, FOR THE CURRE
CItAIP. MA 'S TENUI ONIY.
O.[I~,CI~: Recommendation that the Board of County Commissioners (Board) approve a Resolution
authorizing the execution of Limited Use License Agreements, by the Chairman of the Board, for the current
Chairman's tenure only.
CONSmERAT~ON: On April 16, 1991, 3anuary 14, 1992, ~mu~y 12, 1993, 3anuary 4, 1994, 3anuary 10,
1995, lanuary 9, 1996 and January 14, 1997 the Board approved Resolution No. 91-307, Resolution No. 92-12,
Resolution No. 93-9, Resolution No. 94-6, Resolution No. 95-34, Resolution No. 96-12, and Resolution No. 97-
36 respectively, authorizing the Chairman of the Board, for the Chairman's tenm~ only, to execute specific
Limited Use License Agreements (Agreements) for events held on County-owned property.
The Agreements requested on a regular basis for these special events are listed below. These Agreements shall
bc the 9nly Agreements submitted to the Board's Chairman for execution by way of memorandum. The
properties utilized for these special events include, but are not limited to, the old Marco Island Library parking
lot, the vacant property located west of the Golden Gate Community Center, referred to as Tract 115, and the
Government Center. All other Agreements shall be presented to the Board for approval via an Bxecutive
Summary.
- Golden Gate Area Chamber of Commerce, Inc. - Golden Gate Festival and Annual ~ and Crafts Show
Tract 11 $
- Golden Gate Rotary Club - Christmas Tree Sales
Tract 115
- The Art League of Marco Island, Inc. - Art and Craft Shows
Old Marco Island Library
- Supervisor of Elections of Collier County, Florida - Voter Access
- Golden Gate Fraternal Order of Eagles - Annual Taste of Golden Gate
Tract 115
- Amateur Radio Association of Southwest Florida - Field Day
Tract 115 or Government Center
- Manatee Festival - East Naples Civic Association
Government Center
-' Auntal Fun Skate - David Lawr~ce Mental Health Center, Inc.
Government Center
- Cool Cruisers of Naples, Inc. - Scholarship Fund Raiser
Tract 115
An Agreement represents a license for short term use, six (6) months or less, of County-owned property for a
specific pwpose, An A~reement does not convey an estate in said property or create any leasehold interest
whatsoever, The Real Propcrty Management Department prepares an average of thirteen (13) such Alp'cements
From the time a request for an Agreement is submitted to the Real Property Management Department until
presentation to the Board of Cotmty Commissioners, the minimum time lapsed is approximately four (4) weeks.
Due to the time lapse to process an Agreement, the Real Property Management Department is requesting that
the Board authorize its Chairman to execute, during the Chairman's tenure only, the above-mentioned
Alp'cements as they are prepared by the Real Property Management Department. The County Attorney's Office
will review any proposed A~eements to determine if its use is appropriate, prior to submitting to the Chairman
for execution. The Agreement shall be reviewed and approved by the Client Department, the Risk Management
Departrnent and the County Attorney's Office.
FISCAL IMPACT: If the A~reement stipulates that the County is to receive monetary consideration for use of
the County's property, said money shall be deposited into the appropriate account.
GROWTH MANAGEMENT: None
]~ECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing thc
execution of Limited Use License A~reernents for special events on County.owned property by the Chairman of
the Board, for the curr~t Chairman's tenure oni.y:_...,,.
t
.L,/,_
Sandra Tayte~, Director, Real Property Ma.~nagement Department
Leo E. Ochs, Ir., Admin~tor,'Suppon Services
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RESOLUTION NO. ~-
A RESOLUTION OF TH~ BOA.RD OF COUNTY COMM1SSION~:RS,
COLLIER COUNTY, FLORIDA, AUTHORIZING THE E3CE~ON
OF LIMITED USE LICENSE AGREEMENTS BY THE CHAIRMAN
OF THE BOARD FOR THE CURRENT CHAIRMAN'S TENURE
ONLY,
WHEREAS, th~ is a benefit to the Cmmty and to the public if' the adminis~ative
procedu~s concerning Limited Use Licettu Ai~ementa m~ expedited, while maintaining the
nf'e~Lds of ruff end legal counsel r~ew of'such ^Ftementg and
WHEREAS, the Board of County Commissioners r~cof~zes the benefit of reducing t~me
for BoLd approval on iT~iewed and approved Limited Use License A~ements.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS~ COLLIER COUNTY, FLORIDA thtt:
I. The Board of County Commissioners do~ h~by imhotize the Chairman of the Board
Of' Counly Commis~loflets to e~ecule Limited Use AfTeanents, f.o~ Ibo# special eyunta listed
below, f'ollow~ng tpprovll by the Real Properly Mm'dlement Depmmenk the Cliem-Deparrment.
the Risk Management Deptranent and the Coun~ At~ome,/s O~c~.
· Golden Gate Ar~a Chambe~ of Commerce, Inc. (Golden Gate Festival and Annual An Show}
- Golden C~e Rotwy Club (Cl~ir~nu Tt~ $~l~s & Bass Tournament)
. The A~ Len~ve of'Ma~:o Islsnd, Inc. (Afl and ~ Shows)
- SUlk'visor of El~,'tions of Collier County. Fio~da (Vom, Ac~ss)
· Golden Gate Fmm~al Ord~ of Ea$1es (Annual Tas~ of Golden Oate}
. Amate~' Radio Association of Southwm Florida 0~eld Da~ Acdviti~)
· Fast N~les Civic Association 0~fanate~
. David Law~mce Mental H~lth Cent~'. In~ (Amutal Pun Skag)
· Cool Cr~ism ofN~l~ lnc ($c~otm~ Fund
JAH 1996'
pg., .'~' ,
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~ T~ m..O~t~o~ or ~he Omirman to ~xecute Z, tmited U~ ~ AIp'cemems
This Resolution ndop~ed this ~ da,/of , 1098, after
AT'I/ST
DWIGHT F.. BROCK, Cledt
BOARD OF COUNTY COM~SSIONZRS
COLLIER COUNTY, FLORR}A
,l:~u~Cledt
BY:
Approved as to form and
Heidi F. Ashton
Assists! Coumy Attorney
EXECUTIVE SUMMARY
APPROVE THE ATTACHED THREE (3) R.ESOLI. rTIONS AUTHORIZING THE BOARD OF
COUNTY COMMISSIONER'S CHAIRMAN TO EXECUTE TI~ APPROPRIATE
DOCUMENTATION REQUIRED TO EXPEDITE THE COUNTY'S LAND RIGHTS
ACQUISITION PROGRAM FOIl THE CURRENT CHAJlhMAN'S TENURE ONLY.
~ That the Board of County Commissioners approve the attached three (3) Resolutions
authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation
required to expedite the County's land fights acquisition pro,-am for the current Chairman's tenure
only.
CONSIDERATION: On June 16, 1992 [BCC Agenda Itera Number 8(E)(1)], the Board of County
Commissioners adopted Resolutions No. 92-342, No. 92-343 and No. 92-344. This act approved the
processes and the typical schedules for the land fights acquisition phase of Capital Improvement
Projects. Each year thereafter, the Board of County Commissioners approved certain recommended
procedures which were intended to streamline the land fights acquisition process by the then current
Chairman (e.g. by the adoption of Resolution No. 93-25, No. 93-26 and No. 93-27 on January 26,
1993, [BCC Agenda Item Number 16(E)(2)]; by the adoption of Resolution No. 94-3, No. 94-4 and
No. 94-5 on January 4, 1994, [BCC Agenda Item Number 16(E)4]; by the adoption of Resolution No.
95-25, No. 95-26 and No. 95-27 on January 3, 1995 [BCC Agenda Item Number 16(E)I]; by the
adoption of Resolution No. 96-9, No. 96-10 and No. 96-11 on January 9, 1996, [BCC Agenda Item
Number 16(D)5]; and by the adoption of Resolution No. 97-37, No. 97-38 and No. 97-39, [BCC
Agenda Item Number 16 (D) 4].
The County Attorney's Office has reviewed and approved the three (3) attached Resolutions and said
Resolutions must be approved at the start of each :year by the Board of Cotmty Commissioners to
authorize its new Chairman to execute the appropriate documentation necessary to complete a property
acquisition.
Adoption of the three (3) attached Resolutions will authorize Staffto proceed with certain activities
required to expedite property acquisition, and waive certain procedtu-al requirements. These are the
same standard policies and procedures wMch were previously adopted by the Board of County
Commissioners in 1992, 1993, 1994, 1995, 1996 and in 1997 to save time and money and to improve
the quality of the County's land acquisition programs.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
A,G~NOA.ZT[,~ ~ i
No. '- ;' :'"1
JAN 1 3
/ [
RECOMMI!iNDATION; That the Board of County Commissioners approve the attached three (3)
Resolutions authorizing the Board of Cotmt7 Commissioner's Chairman to execute the lN:~propriate
documentation required to expedite the County's land ri/hts acquisition pro~ram for the cmrcnt
Chairman's tenur~ only.
Prepared by: ~~ ~ Date:
Wllma Iverson, Senior Real Property Specialist
Real Property ManagemeffrD~artment
Reviewed by: ~'~--q'~-~-'. - Date: \ ~ - \.~ - ~:¥'~
Sandra Taylor, Director [ '~ '
Real Property Manasement Depa nt
Approved by: ..i.* Lr_ _
Leo E. Ochs, Jr., Adminlstrator
Support Services Division
t RESOLUTION NO. 91-
:~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSION'r. RS OF COLLIER COU.NTY.
:1 FLORIDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO
4 COLLIER COUNTY, A POLITICAL SL~DIVISION OF THE STATE OP FLORIDA, AND
S ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRICT,
6 WHICH ARE HEREAFI'ER MADE IN COIVLPLIANCE WTTH THE DEVELOPMENT
? COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AN) AGREEMENTS
I OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS.
9 WHEREAS, the Board of County Commissione~ is the ~ovemlng body of Collier County, n
to political subdivision of ibc State of Florida, and in addition is ex-officio the Ooveminl Board Gl'the
ti Collier County'Watct. Sewet District 0~eteinallet collectively tel'erred Io as "Collier County"); and
tl WHEREAS, various inletests in teal property must be conveyed to Collier County for public
t:1 use u a roquitemenl of certain development commitments s~ipulated by Collier County ordinances, in
14 fulfillment of obligations which may now ot in the future be contained in al~eements between Collier
tS County and any legal entity, and as an inte~'al pert of capital improvement projects: and
16 W1-1EREAS, the formal acceptance by Collier County of such required conveyances is
t? important in that infrutrocturo maintenance teq~nsibilities ate thereby established, and the public
ts right to utilize tights-el-way becomes documented throu~ such acceptance; and
19 WHEREAS, the growth o t'the County necessitates an tncteuing number of such conveyances
20 year aRer year; and
2! WHEREAS, the number of'conveyances has caused County staff to bring an increasing number
2~ of'separate 'acceptances" before the Board of County Commissioners via Executive Summary and
2:1 Resolution; and
:14 WHEREAS, it is desirable and in the best interest of Collier County to reduce thc staffttme and
2S paperwork which is gener-ted by the formalized acceptance process,
26 NOW, THEREFORE, BE IT RESOLVED that all interests in teal property which may be
27 conveyed either to Collier County, a political subdivision of the Sine of Florida, or to the Board of
21 County Commissioners as the 8ore--ins body of Collier County, Florida, and as ex.officio the
29 Governing Board of the Collier County Water-So-et Dist~ct, and which ate conveyed to either entity
as a development commitment requirement pursuant to any County ordinance, or in I'ulfHIment of any
obligation which may now or in the future be contained in any agreement bi'"-:~t~l~ '~'Y£W '""
·
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ny othe~ leisl entity, or which Irt required u ~ Jndispe~uble ftmctJ~ during the completion oft
capi~ project which Jus been tppm~ by the BoLd of'County Commissioners, ,re hereby accepted,
A]qD IT IS FURTHER R, ZSOLV~D that in order to document the acceptance of any such
conveyance of'an interest in real propers/to Collier County, the Clerk to the Board is he.by
luthor~zed to affix to say such convtTsace instrument, prior to recording in the Public Records of'
Collie~ County, Fl~d&, t stomp or sell 8ttestins to acceptance on bch~IFof'Collier Co,may, The P. eal
Prol~.'rty Msatiemem I)irector, °r he~ designee, shtl! provide written notiflcltion to the Clerk of Coufl
that the conveyence was required by the BoLd or County Commissioners Jn £ulfil!ment of' an
obliSation on behalf'of'the conveying e~tlty or to complete project ,.t :pproved.
AND 1T IS I:IJRTH£R RESOLVED that the prt~ent Chairman of'the BoLd of'County
Commissioners, or thy svbsequent Chairman, Js hereby authorized to execute tit documents pcflinent
to the acceptance of'thy such conveyance or the clearing of'the lien of'any encumbrance from any such
conveylnce.
^~,'D IT IS FURTH£R I~SOL¥£D that staf'r is authorized to follow proper real estate closins
procedures and record nil such docur~ts in the Public Records of'Collier County, Florida.
THIS P,.~OLUTION ADOPTED on this ...... da)' of' ,1998 after motion, second
Nd major~ty vote.
ATT~T: BOARD OF COUNTY COMMISSION£RS OF
DWIGHT £. BROC*A, CL£P~X COLLIER, COU'AFTY, FLOP. IDA
, Deputy Clerk
Approved u to form
legal .su~ciency
Heidi F. As~ton
Assistant Count)' A~omey
By:,
. Chairman
I~ESOLLrr10N NO. 91-
A ILE$OLUTION OF TH~ BOARD OF C~ COMMISSIONERS OF COLLIER
COU'lqTY, FLOR.IDA DECLAR~G I~AT A FEE SIMPLE INTENT IN REAL
PROPERTY IS THE PREFERRED IN'i'ERF~T SOUGHT FOR THE ACQUISITIO~
OF R~GHT-OF-WAY I~OR TRANSPORTATION CAPITAL IMPROVEMENT
PRO~ECTS, AND SEIT~O FORTH THE RATIONALI~ THFJLE~:OILF.
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W~IER.EAS, the constraction of ~nsportation
T~ni~on El~t of ~e Com~h~ ?lin for ~Ilia Co~, ~1 ~ ~y i~nc~
~E~AS, ~e ~l~f. way for ~ation imp~ts may be pu~hased or
cond~n~ eithK M ~ easement ovK, undK, u~n ~d I~ss the I~d; ot the ~K s~mple inle~st
in ~e I~a i~clf may ~ pu~hu~ or c~d~; ~d
~E~AS, ~lI com~sation, u ~ui~ by ~e Conslituti~ of the State of FIo~dL
for ~he eas~en~ ~htl pu~hMed ot condemned for ~ona~ion imptov~t~ i~ llm~ouR~
Io ~he full comp~ation ~quir~ for ~e putchue or condonation of the fee ~imple estate m
pmpe~y ~e~ ~/, ~d I~A ofthe fait m~ket value of~e
d~din~ u~n ~e pmp~y~ zonin~ ~d lhe
~E~AS, ~e pu~hue or condonation cf the ~11 f~ ~imple ~a~e in land~ r~uired
for near te~ t~n~na~ion improv~ pmvide~
~t.of-w~y which i~ ~or to ~e con~l ~ffo~e~ by ~ m~t only, ~d w~ch, in many
ins~ce~, may p~uce co~ ~a~n~ en ~ public
maximum flexibility e~er Ihe uses pe~i~ed in the ~f-way ~o acqui~d.
NOW ~E~FORE BE IT R~OLVED BY THE BOA~ OF COU~Y
COMMISSIO~OF CO~ER CO~, FLORA ~1 in ~d~tion of Ions ~n~e
plains and p~s~t day corn for ~nation im~v~t p~jKts, ~d in the in~erest of
exe~isin~ ~e m~imum de~ee of control ov~ ~e public ~ld ~l~f-w~y which may allow
the County lo rcilize subsl~lill sivinss by I~alinl ~u~ publi~ ~s p~j~ts ~thin the
~ui~ ~ Co~ m~is heeby di~l~ ~o p~hue et
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right.of, way in fee simple u thc prci'erred method ofexercisin$ maximum control over the
rSil~t-of-way in order to co·strait any anticipated capital improvement projects.
ANO IT IS FURTHER P. ESOL.VEg that in those instances in which the purchase of a
full fee simple estate cannot be negotiated by Count,/staff, and the costs 8ssocisted with a
condemnation o£ the full fee simple estate may outweigh the future benefits co·tempi·ted b)' f.ull
County ow~ers~p of the fisht*of'-way, and when the owne~ ofthe pt'opefl~ is willing to convey a
perpetual, 'exclusive'** road fiiht*of.*v4y easement over, under, upon and across the prope~y in
compliance with the rcqu~temants of the transportation improvements, along with the right to
construct and install subordinate utility and drainage improvements, together with access and
temport,-y construction easements, County staff'is dithered to negotiate a reasonable settlem~t
for the purchase of'said "exclusive" easement* subject to Board approval, in lieu of'proceeding
with an action in eminent domain against the subject properly.
AND IT IS IrURTHEP- P. ESOLVED that in those instances in which the purchase of' a
perpetual, "exclusive", road flSht*of'-way easement over, under, upon or across the prop~y
cannot be negotiated by County staff., and the costs associated with · condemnation of'the
pe~etual, non-exclusive road right.of.way easement may outweigh the ~ture benefits
contemplated by the County*s interest of'the right-of*way, and when the owner of the properly is
willing to convey a perpetual, 'non.exclusive", road right.<)f-w·y eucment over, under, upon
and across the prop~y in compliance with the requirements ortbe transportation impro~.ements.
along with ihe right to construct and install subordinate utility and drainage improvements,
together with access and temporar7 construction euements, County staff.is directed to nego,a~e
a resolvable settlement for the purchase of'said 'non.exclusive" easement, subject to Board
approval, in lieu of'proceeding with an action in cml·em domain against the subject properly.
^N~) IT IS FURTHER P..ESOLV£D that, notwithstanding the future benefits to be
d~ved by the County ~sing from · fee simple acquisition of the public right.of*way, thc~'e
exists those circumstances where the severance demagee to rcmaininl lands, as a result of' the
taking of the fee simple estate for the transportation project, is of such an extent as to wa·ant the
purchase or condemnation of· lesser estate in the form of es euement interest in order to
tuttis·se or elimitute such damages; and in such instances Co,may staff'is hereby directed to
undeflake such analyJes of' future benefits vs. cun'ent costs as are relevant to the determination aa
THIS RESOLUTION A.DOtri'ED this , day of_
majority vote. '
ATTF. ST:
DVv'IGHT E. BROC~ CLERIC
By:
, ,
,1~u~ Ciedt
Approvt'd for fonn and
to thc specific interest in re~l property the Count), should acquire for the instant project, and
County slaff may make madt pm:hate offcrt, or prepare such pleadings in eminent domain, as
ma)* be necessary to mitipte or eliminate st. vennce damalles, and red,ce total project cost.
. I~1, tflct motion· second and
BOARD OF COUN'TY COMMISSIONERS
O1: COLLIZR COU1qTY. FLORIDA
· Chairman
12 legal
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Heidi F. Ashton
Assistant County Auome)'
iJAN I 1996
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2~
R.~OLUTION NO. 91-
^ RESOLUTION OF TI~ BOARD OF COUNTY COM~'ISSIONI~RS OF COLLIER
COUNTY. FI.0R.IDA~ R.ELATING TO TI.iE ACQUISITION OF PROPERTIES.
DELEGATING AUTI-IOR~ TO ~ CHAIR.MAN OF TI*IE BOARD OF COL,,'N'TY
COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO
FROPERTIES ACQUISITION ON BEHALF OF Th~ BOARD, AUTHORIZING
STAFF TO PROCEED wrrH CERTAIN ACTWITIES REQUIRED TO EXPEDri'E
SAID PROPERTY ACQUISITION, AND WAIVI)IG CERTArN PROCEDURAL
REQUII:C~M£1qTS llq ACCORDA}4CE WITH TIIE CAPITAL IMPROVEMENT
ELEMENT OF TI-TE COLflqT~S GROWTH MANAG£MENT PLAN.
WHEREAS, the expeditious acquisition of propotty it ofparlLmount importance to the
timely completion of'many capital improvement projects, and attain|nS inf~'tstructure goals in
accordance with the Capital Improvement Element of'the County'a Growth Management Plan;
and
WJ-IER.E^S, accomplishins the properly acquisition and construction on or ahead of'
schedule shall requite ii properly coordinated team eft'on amons the individual depmments and
agencies charged with overall responsibility f'ot the projects, the Office of Capital Projects
Management, the Real Properly Management Department. the Of.iqce of the County Attorney.
and the Board of' County Commissioners, wherein certain routine processes require streamlining
and abbreviation wherever possible.
NOW, TJ. IER.E~rORE, BE IT KESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the Board of'Coumy
Commissioners of'Collier County, Florida, recognizes the impottaflce of'completinS the various
capital improvement projects It the earliest possible tatar, and further, the Board recognizes the
relationship of' the project schedule to meetinS the concurrenc~ requltcmenta of' Collier County's
Comprehensive Plan.
AND IT 1S FURTHER RESOLVED that the Bot,'d of'County Commissioners of Collier
County, Fl~da, tecog~s the importance of the lm',d rilhts acquisition function ~nd iu
Pl~e I
I relationship to the ov~lll project schedule; and the Board desires to facilitate and expedite thc
2 land rijhts acquisition pTOCesS to the extent tl~t it ia empowtm~ to do so by law.
3 AND IT IS FURTHER E.ESOt. VED that the followtns measur, are reasonably
4 necessa~ for the e~cient and expeditious manaiement ~d completion o£capita~ projects:
s I, The Board or County Commissioners, in accordance with the provisions ofC'hapter 125.355,
0 Florida Statutes, he.by formally waives the r~uirement foe a formal, Independent appraisal
? report for the pu~chue of a property where the pm-..ha,le i~ct oflM pea'col (the compensat,on
I due to the property owner) is less than One Hundred Thousand and 00/I00 Dollars
9 ($I00,000.00). In lieu of the independent appraisal rclx)rt, staff is hereby authorized to make
to pt~rchase offers for the properties, the dollar amounts of which s~zll be predicated on "staff
t t compensation estimates", i.e., based upon independent appraisals {and the data theref'rom}
12 obtained on similar properties and upon consideration and application of appropriate market
ti value and cost data pertinent to the subject p~rcels.
14 2. The Chairman of the Board oS'County Commissioners is hereby authorized to execute
ts Appraisal Agreements on behalt'of the Boazd with appraisal firm{s) ~rom the prc.qua]ified
16 short.list which, based upon the analysis and recommendation of staff, ia (are} best able Io sen, e
t? the needs of the project in a timely and cost-effective manner.
t I 3, Upon the approval by the County Attorney's Office of all documents necessary for the subject
19 property acquisition, Real Property Management Deportment staffis hereby encouraged to offer
20 immediate delivery to the respective property owners otrthe f~ll compensation (as established by
21 the appraisal or staff compensstion estimates in accordance with the provisions of Chapter
22 12S.355, Florida Stat,~tes}, in return for the immediate and proper execmion of the r~spective
23 casements and/or deeds, and such other lelal documents and/or affidavits as the County
2,~ Attorney's Office deems appropriate in order lo protect tho imer~ts of the County; and the Board
2s of County Commissione~ hereby authorizes its Chairman and any subsequent Chairman, for the
26 lit'e ot'the project, to execute any and all agreements and other iesal instalments pen~nent lo such
27 property acquisition which have been reviewed and approved by the County Attorney's Ot'fice,
2s 4. In those instances where nesoliated settlements may be obtained via the "Purchase
29 Al~"ment" or"E~sement Agreement" medm~sm, the Public Works Administrator, or his
30 designee, is hereby delegated the authority to approve the purchase of land interests above the
no. /~:,, ~- [
p~eJ ~iflz tcqui~, ~iy wh~ ~e diK~e ~ ~e ~hm ~ce t~ the ~l~
~n~ion ~i~t:e ~ ~p~is~ ~lue is Im than Fifl~ ~u~d ~d ~1~ Dollm
(S1S,~.~) or ~e ~t pu~ifls limiu ~abli~ b~ ~ ~111~ C~nt~
~nflict ~ ~e p~sions of S~on 12S.3S5, ~ofida S~
S. ~e ~ oF~e Bo~ ofCo~ ~f~ is ~by ~ to ~e
Pu~hase A~ ~ ~u~t A~ts wh~ ~e I~ o~ ~ n~ to sctl the
~uired Itn~ fiShts to ~e County at ~eir appnis~ value or m that ~o~t conside~d
"Ad~inist~tive Se~l~t ~ount' u such t~ is animally used b~ ~e administmive
as~ci~ of Colli~
6. ~ the p~ o~ ~, by ~m n~dz~t ~ t~t C~h~se A~t' or
~s~ent AFc~t~), to conv~ I fl~st~ Jnt~st in ~aJ p~ to the Count~. end
· e p~per ex~ution b~ ~e p~p~y o~ oF~ose ~m~ ~ d~d~ ~d such o~
d~um~ts u ~e O~ce oF ~e Count~ A~ome~ mt~ here ~ui~ ~e Bo~ h~by
l ) the Count~ Attom~. or hJ~ desJ~ee, the ~ut~t~ to ~te m cJosinS M~t~t on ~hzJ~
the Bo~, ~d 2) the Fiance D~mm~t the 8vth~ to isle w~ pebble to the
o~c~s) o~record in those ~ounts ~ shall be s~ifl~ on 8 closins M~t~t ~d which shall
~ bu~ ~n ~e 1pp~isal or ~t~comp~ztion ~mzte in ~cco~ce ~ the provisions oF
~apt~ 12S.3SS, Plo~d~ Sta~tes.
7. All title to ~p~i~ which have b~fl obtain~ iff ~e m~ de~bcd a~ve shall be
d~m~ 'tcc~ted~ b~ the Bot~ oFCounty ComminJoa~ u ~e ~ov~in~ ~y
Gouflt~, FIo~d~ 8 ~litfcal ~i~siofl oF~e State ofFJ~ ~ n ~ m~Js h~b~
mu~z~ to ~o~ it in the ~blic ~s o~olli~ C~, ~d~ ~id d~s ~d suc~ ovh~
in~m~ts ~ ma~ ~ ~ui~ to ~ove ~e li~ o~ ~cumb~ce ~m the
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1998 &tier motion, second tnd
BOAAD OF COUNTY COIK]~.ISStOIqF. I~
OF COL,L,n~ CO~, FLOP~DA
JAN I 3 1996'
EXECU'ITVE SUMMARY
APPROVAL OF A RESOLUTION AUTHOItWING THE EXECUTION OF
PURCHASE AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND
SALES TRUST CONVEYED TO COLLIER COUNTY BY AVATAR I~ROPERTIES
INC. (AGREEMENT DATED NOVEMBER I$, 19~3), BY TIlE CI~AI~MAN O!; TRE~
BOARD, FOR TIrE CURR~ CHAIRMAN'S TENURE ONLY.
~,][,~,~]~: Approval of a Resolution authorizing the execution of~ Agreemems
and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar
Properties Inc. (Agreement dated November 15, 1983), by th~ Chairman ofthe Board, for the
current Chairman's tenure only.
CONSIDERATIQN: On November 15, 1983 Avatar Properties Inc., t~a O.A.C.
Properties Inc., and Collier County entered into an Agreement to convey 1,061.$ acres of
property in C-olden Gate Estates to Collier County. Said Agreement was recorded in O.R.
Book 1051, Page 492.
Since the acceptance of the aforementioned Agreement by the Board of County
Commissioners, the Real Property Management Department has conducted land sales
transactions under said Agreement. Prior to the actual closing for each prope~ sold, the
Real Estate Sales Purchase Agreement and Statutory Deed is reviewed by the County
Attorney's Office, the Finance Department, and then executed by the Chairman ofthe Board
of' County Commissioners.
Each year, since 1989, a Resolution has been presented to the Board of County
Commissioners requesting approval by the Board allowing the then present Chairman of the
Board to execute the Real Estates Sales Purchase Agreement and Statutory Deed during the
current Chairman's tenure. Previous Resolutions which have been approved by the Board of
County Cornroissionm include Resolution No's. 89-253, 90-23, 91-109, 92-47, 911-48, 94-7,
95-35, 96-8, 96-309 (Amended) and 97-41.
FISCAL IMP~e~JI': All proceeds from the lot sales are deposited in the O.A.C. Land Sales
Trust Fund 605-122390-3642;10.
GROWTH MANAGEMENT: None
JAN 1 3 1996'
]~ECOMMENDATION: That the Board of County Commissioners approve the attached
Resolution authorizing the execution of approved Purchase Agreements and Statvtory Deeds
for the G.A.C. Land Sales Trust by the Chairman ofthe Board, for the current Chairrnan's
tenure ordy.
PREPARED~DATE: ~ ~.~ ¢~
REVIEWED BY:~ DATE: Slmdra L Taylor, Real Prope~,,~nagement DirectOr
Leo E. Ochs, Jr., Support Services Administrator
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RESOLUTION NO.
RESOLLr1'ION AI. FITIO~I?4O TI~ EXECUTION OF TI~ ILEAL
ESTATE SALES AGREEMENTS AJqD STATUTORY DEEDS FOR
TI~ G.A.C. LAND TRUST PROPERTY BY THE CHAIAMA~ OF
TH~ BOARD OF COUNTY COM~S$IO~, COLLIER
COUT4TY, FLORJDA, TO BE ~CTI'~ DUR~G
CltAIRMA~S TETAJI~ ONI,Y.
WI~JLEAS, Collie' County, ]qor~da entered into ~n aareemem with Avatar Properties IK
on November I$, 1983 to iccept u Tmltee 1,06!.S ict~ or real property in Golden Gate Estates
for the purpose of'Se to the public; and
W1'ZEREAS, Collier County, iqodda iceepted the ~ In phesel: Phase I on Novemhet
15, 1983, Phase 1I and II! on FebrualT 16, 1911 and Pa 11/and V on .tune 13, 1919, such
conveyances have been recorded in the Public Records orCollier County, Florida, and
'a,'T~TLEAS, on April aS, 1988, the Board of'County Commiuioners approved the marketing
procedures for the Se of'the Golden Gate Estates property convered by Avatar Properties Inc
Thereupon the Re~ Propen), Management Depmment has been Ictivel)' marketing the propert),
CPhases I through V) for sale to the lenet~ public; and
9,'I-ITr.~AS, there is I benefit to the County an4 to the public if.the administrative
procedures corJcetninl the Re~ Estate SaJes A&reement documents end $1atutor), Deeds are
expedited, while maintainin~ the safeguards of.staff'and lepl counsel review of.such documents, and
W1~TLEAS, the Board of'County Comn~donerl recoanizes the benefit ol'reducing time for
Board approves and the submluenl clo~ing procesi on reviewed ~d approved Real Estate Sales
A&raemmts taxi Smutm7 Deeds.
NOW, TTIZTLETOR~ BE ri' RESOLI,q~D BY TH~ BOARD OF COUNTY
COM),gssIONERS, COLLIER COUNTY, FLORZDA, that
1. The Board of.County Commisslonerl does Im'eby luthori~e the Chairman o1' the
Board ot'Coumy Commi~onm to execute R~ ~.ate S~/e~ Alrmtents exl Statuto~ Deeds
resulting ~'om the Aareement dated No.tuber IS, 1912 I.'xl the Count, s administration or such
Nd:).
JAN I 3 1996'
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whereupon the I~ed Estate S~es ,4,8rt~nm~ m~d Smutcx'~ Deeds htvt been prM:x~
approved by the P,~ Prope~ Minasemem I:kpannwr~ the Fmaflce Depmmem and tl~
Atqomey.
2. 11d ~hor~tlon of'the Chimun to execute Red Esmt Sales A~,enw~s sad
This P,~o~oe adopted
ATTEST:
DW~OHT £. BI~OC~ Clerk
Dep~p/Clerk
BOAP. D OF COUNTY COM~$$1ONEA$
COI. LI3~ COUNTY. FLOP. ZDA
BY:
Cl~irn~n
Heldi F. Ashton
Assistaat Co~n~ Attome~
EXECUTIVE SUMMARY
APPROVAL OF A RESOLUTION AUTHORIZ_rNG THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO EXECUTE
DEEDS AND AGREEMENTS FOR DEED TO RIGHT OF INTERMIINT FOR THE
PURCHASE OF BURIAL LOTS AT LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY, FOR THE CURRENT CHAIRMAN'S TENURE ONLY.
~]~~: Approval ora Resolution a~thorizing the Chairman of'the Board of County
Commissioners, Collier County, Florida, to execute Deeds and Agreements for Deed to Right of
Interment for the purchase ofburial lots at Lake Trafford Memorial Oardens Cemetery, for the
current Chairman's tenure only.
CONSIDERATION: On December 15, 1964, Collier County acquired a twenty (20) acre
vacant parcel of land located in Immokalee for use as a cemetery, more commonly known as Lake
Traff'ord Memorial Gardens. The Board adopted a policy on luly 27, 1982, governing the rights
of interment, administration, maintenance and development of the cemetery including the
disposition of indigent deceased. On September 22, 1987, the Board adopted a revised Policy for
the operation of the cemetery. On May 1, 1990, the Board adopted a Resolution clearly defugn8
the rules and regulations which govern the administration and development ofthe cemetery.
The Real Property Managemem Department is respons~le for preparing Deeds and Agreements
for Deed to Right of Interment when there is a request to purchase burial lots at the Lake
Trafford Memorial Gardens Cemetery. More specificalhy, a Deed is prepared for the immediate
use ofburial lots and an Agreement for Deed to Right oflnterment is prepared for the future use
oflxn'ials lots. The appropriate documents are then reviewed by the County Attorney's Office
prior to the Chairman's execution and recordation in the Public Records. The payments for said
lots are forwarded to the Finance Department for deposit into the Lake Trafford MemorLd
Gardens Cemetery account.
In the past, the Deeds and/or Agreements for Deed to Right oflntennent have been presented to
the Board on a monthly basis for Board ~pproval under the Consent Agend~ However, in order
to expedite the ~quisifion p~ ~ to reliev~ tha Commission~ ofreviewin$ format
documents, it is recommended that the Chairman execute those Deeds and/or A$reemems for
Deed to Right oflnterment as they are prepared and transmitted by memorandmn.
In 1992, Resolution No. 92-97 was approved by the Board ofCounty Conmgssioners requesting
approval by the Board allowing the then present Chairman of'the Board to execute the Deeds and
Agreements for Deed to Right of Interment during the current Chairman's temire. Resolutions
were approved in 1993, Resolution 93-49; in 1994, Resolution No. 94-:2; in 1995, Resolution No.
95-33; in 1996, Resolution No. 96-7; and in 1997, Resolution No. 97-40 also for this purpose.
JAN
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FISCAL IMPACT: Ail proceeds fi'om the lot sales ~re deposited in the I.~ke Traff'ord Memorial
C.m'dens ar, count 001- ] :22370-364100.
GROWTH MANAGEMENT: None
RECOMMENDATION: Reco~on that rite Board of'County Comnd~o~ approve
~nd accept the ~ttached Reto~oa authorizing the ~ to execute the Deeds and the
Asreemem for Deed to Right of Interment for Lake TrdFord Memorig Gardens Cemete~,, for
PREPARE ATE
To ~ SpechlJst
REVIEWED BY:
Leo E. Ochs, Jr. Support Services Administrator
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RESOLUTION NO. YL
RZSOL~ON AUTHOP, IZ3NG THE EXE~ON OF DEEDS AND
AGREEMENTS BY THE BOARD OF COUT4TY COMMISSIONERS,
MEMOP, IAL GAi~£NS CEM:ET~RY, TO BE £FFECTIYi: DURinG
THE CURRENT CHAIRMAN'S ~ ONI,Y,
~ IS, 1964 fh)m J.C. Tm'net Lurid)er Coflq~ny sM reoocded in the Pub,,c Records
oFCol~er Coun~ in O.P.. Book ti0, Pare ';'7'J oo Decmb= 21, !~. b uN u. ~blic
cern~e~ k~own u the Like Tr~o~ Memorb] Gardens Cemetery, ~d
WI-i:EXEAS, the Boird of'County Commluioners adopted Kaol~on No. 82-105 off
July 27, 1982, wYch Soverns the fichu of'i~a'me~ adminimtdo~ rr~menmY, e wi
development of'the L&Jce 'l'rlKord Mmorbl Girders Cancte~y, hid policy incJudir~ the
disposition of'indiGent deceued; sfld
~'HT:Jt~:AS, the Boird of'Coumy Comm~niooen adopted P. esoluti~ 17.224 on
Septemb~' 22, 1987, which m, ises P. esc)~ion No. 82-105 rel~ ~ c)pemic)n orthe
WHEXEAS, the Board otCoumy Commissioners adopted Xeso~ion No. 90.2t4 oo
Ai~ 17, 1000, which reserves a tection inthe Ye~erifu Sec~on f'octhe Furpose of*FovMinl
revises the flJles taxi re~l~ions which iovem the admini~ ~ ~ of'the
WHEXEAS. there b I b4m~flt to the C(xmty Ifld to the puMk: if'the Idrrdr~ritive
procedurfl ~ Deeds and )4remenU b Doed to RjSJ~ otlmmmnt b the ].ake
Trufl'o4~d Mexx'id Ge*dens Ceme~et7 ere expedited, whlb ~ the nf'qutrds of's~dr
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WH~3~AS. the Bosrd of'County Commlnlom~ ~ the kfleflt of'reducinI
time for Bosrd spprovt] ~ rt~ewed &,xl tpproved ~ 8~d .,s4mmx~s for Deed to ~sht
NOW, ~OP, E, B£ IT I~ESOLVED BY l'flZ BOARD OF COU3qTY
COlv9~SSlO~, COLLI~ COUNTY, F[,OI~E3A
I. 11~ Board ofCoum7 Commlniows do~ he~b/mzthof4n tl~ Chit'aaa or
the Bolrd ofCovflt7 Coaun~oMru to exKmo Z)oeds md Asroeneat~ f~
~ to ~Sht of Intem~ for the ~ Trdro~ Memofld Gtrderd
Cem~er~, purtmm to Pasok:~oal~b. 90-242 ~IM M~/I. 1~0. md the
Count~! IdmJniltrltion ottht P. esoJution.
A~m=~s f'or Deed to l~sht or~eme~ hr, been ~ r~ewed
irKI Ipproved by the Red PTopeTty ~ ~ lad dd Coumy
Anorney's C~ce.
2. The 8mhorLution orth~ Cluirmin to execute the Deeds and ASreem~s for
Deed to P~ht oF In, emit for the LAke Trafl'ord ~enx~'hi Gu'dens
Cemetery he~e~ duff e~end solely for the tenurt of*the currem
d~y oF ,1991.
This Resolution ~oFt~l this
A~:
DW]GHT £, BROCK. Clerk
BY:
BOARD OF COUN'rY COIvI~SSIO~=R5
COU. IER COUNTY, FLORIDA
BY:
Approved u to Ibm and
Heidl F. AJhton
Asdmnt Count,/Attorney
JAN I 3 1998
AUTHORIZATION FOR THE CHAIRMAN TO EXECUTE SATISFACTION OF LIEN DOCUMENT FILED
AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS
TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
oILrl:CTrVE: Recommendation that the Board of County Commissioners authorize the Chaimum
to execute Satisfaction of Lien document filed against real property for abatement of nuisance
and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida
CONSlD£RATIONS: The Board of County Commissioners authoKzed the filing of Lien, for the
purpose of receiving compensation for nuisance abatement on th;. real property described as
follows:
SEE EXHIBIT
Said Lien were recorded in Official Record Book of the Public Records of Collier County,
Florida. The owners of said property have paid to the Board of County Commissioners sums
representing full payment of principal and interest due under said Lien. Collier County has
verified that said Lien have been satisfied and now requests Satisfaction of Lien document and
order the Clerk of Courts to record same in the Public Records of Collier County, Florida.
FISCAL IMPACT: The fiscal impact for recording this satisfaction is $6.00 and is to be charged to
Account No. 111-138911-649030, unincorporated area-wide general
fund/Code Enforcement.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to
execute the attached Satisfaction of Lien document filed against real property for abatement of
nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County,
Florida.
Pam Callis, Revenue Supervisor
Revenue Services Department
Teresa A. Riesen, Revenue Ma~age~
Revenue Services Department
Re viewedby: ~-~~x---~t,.~'~-~.~
Rev-'~emices D~ent ~
Leo Oc~, Ir., A~ais~tor
Sup~n Se~ces D~sion
Date:
Date:
Date:
EXHIBIT
1. DE.LIEN DO~.ST~ & ROSE,lIE DORESTIN, FOLIO # 36437320000, LOT 3, BLOCK
239, UNIT 7, GOLDEN GATE
JAN 1 3 1998
This instrument prepared by:
Heidi F. Ashton
Auistant County Attorney
Office of the County Attorney
3301 Eaet Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. #36437320000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and
holder of a certain Lien against:
Derilien Dorestin &
Rolemie Doreetin
P O Box 10354
Naples, FL 33941
The Lien was recorded on November 17, 1995 in Official Record Book 2120, Page
2012, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The Lien secures the principal sum of Three Hundred Fifty Dollars ($350.00). plus
accrued interest and penalties, Many, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
Lot 3, Block 239, Golden Gate, Unit 7
Collier County, a political subdivision of the S~te of Florida, hereby acknowledges
receipt of payment in tull satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the OfSci_~_l Recor~ of Collier County, Florida, to acknowlsd~ that the Lien cealee to
exist.
IN WITNESS WHEREOF, the Board of County Commislionere of Collier County,
Florida, acting through itl Chairman, dh'ectl execution and recording of t~!_s
Satisfaction of Lien, by action of the Board this daf of ,1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA
By:,
CHAIRMAN
c~
EXECUTIVE SUMMARY.
APPROVAL OF AN AGREEMENT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND COLLIER COUNTY TO ACCEPT STATE
AND LOCAL ASSISTANCE FUND~G FOR EMERGENCY
MANAGEMENT ACTIVITIES
QB.~ECTIVE: That the Board of County Conu~ssionets approve Agreement #98EM-
8N-09-21-10-0! 1 between the State of Florida Department of Community Affairs and
Collier County providing for State and Local Assistance funding for Fiscal Year 1998,
adopt a Resolution indicating Board approval of the Agreement, authorlz~ng the Chairman
to accept and execute the Agreement with all understandings and assurances contained
therein, and to act in connection with the Agreement. That the Board of County
Commissioners approve the attached Budge~ Amendment increasing funds available to the
Emergency Management Department for disaster preparedness related activities.
CONSIDERATION; Each year the Board of County Commissioners participates with
the Department of Community Affairs by accepting State and Local Assistance (SLA)
funding to partially offset costs for maintaining a comprehensive emergency management
program. The amount of State funding for FY 1998 is $38,739.00, which is to be
matched by Collier County. The amount of $37,800.00 was initially included as revenue
in the Emergency Management budget.
~SCAL IMPACT: Increase in revenues of $900.00 in Cveneral Fund 001, Cost Center
! 442 ! 0 (~mergency Management Adn~nistrative), Revenue Code 33 ! 230 (Emergency
Management Assistance Federal Ch'ant).
OROW'IT! MANAGEMENT IMPACT: None.
JAN I 3 1998
~e~'Wslker, Risk M~ngernent Dir~el'
Leo Ochs, Ir., Support Services Adm~or
RESOLUTION'NO. ~8- ....
RESOLUTION AUTHORIZING THE EXECUTION
AND ACCEPTANCE OF AN AGREEMENT
BLr'rWE£N THE FLORIDA DEPARTMENT OF
COMMUNri~ AFFAIRS AND COLLIER COUNTY
REGARDING CERTAIN EMERG£NCY
MANAGEMEPrr RELATED ACFWFT1F..S
WHEREAS, the State of Hofida Depmmem of Communit~ Al'rain has fbnds
aviiltbie for emer~en~ management related activities; and
WHEREAS, the State in Af~en -,~t f~IEM-IN-09-21-10.011 ~ qree to
J~ovlde S31,'/39.00 to initiate the
the approved five ye. at strtte~c plan s~bmi~ed b~ Collier Coup/and whkh I~ applicable
to the period ot'pe~orm~ce of the
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLEER COUNTY FLORIDA that ~he Boanf approves
Agteement #98EM-SN-09.21.10.OI I between the State of Florida IX,'pmment of'
Coflvnunity ARairs and Collier County in substantia~ the form attached hemo, and
authorizes the Clulrman to execme and accei~ the Apeemem with all understand'm~s and
assurances contained therein, and to act in conflection with sa~d A~reement
This Resolution Adopted after motion, second and majority vine
DATED
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY CO~.LXflSSIONERS
COLLIER COUNTY. FLORIDA
BY:
Deputy Cle~k
BY:
Approved as to form an~ legal
sufficiency:
Tl~mas C. Palmer -
Assistant County Attorney
JAN 13 1998 ]
AGP~EMENT ~8 EM-8N-09-21-10-011
AGREEMENT
BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
AND
COLLIER COUNTY
This Agreement entered into by and between the Department of Community Affairs
(Grantee) and Collier Couaty (Subgrantee), shall govern cert~n emergency management-related
activities to be financed by the Grantee.
THEREFORE, in consideration of the mutual promises and covenants herein contained,
the parties agree as follows:
TERMS OF AGREEMENT
A. This Agreement shall begin on October 1, 1997 and shall continue in full force and
effect to, and including, September 30, 1998.
B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $38,739 ss~ich
the Subgrantee will match with S38,739 to initiate the successful completion of the
activities/projects in the approved five yea~ strategic plan submitted by this Subgrantee and
which are applicable to the period ofperformance of this contract.
C. It is agreed that liability ofthe Grantee under this Agreement shall not exceed the total
funds received and allocated by the Grantee for this Agreement.
D. The Grantee or Subgrantee may terminate this Agreement for breach ofcontract, or in
the event of non-availability of funds, with such notice as is reasonable under the circumstances.
The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and subject to any modification in accoMance
with Chapter 216, ~..l.~:id.~q..lail~. Either party may terminate this Agreement without cause by
giving thirty (30) days written notice to the other party.
E. The Subgrantee, in performing the requirements of this Agreement, shall comply with
all applicable laws, rules, regulations, ordinances and codes of the federal, state and local
governments. The payment of funding provided by this Agreement is contingent upon
compliance with all applicable laws, rules, regulations, ordinances and codes ofthe federal, state
and local governments. Non-compliance may result in the withholding of funds and the
suspension and termination of this Agreement.
II. REOUIREMENTS AND ASSURANCES
A. General Provisions. The Subgrantee hereby assures and certifies that it will comply
with all applicable regulations, policies, guidelines and requirements, Including 44 CFR (Code of
Federal Regulations) Part 13 ("Common Rule"), 44 CFR Part 302, and Office of Management
and Budget (OMB) Circulars A-87, and A-133 as they relate to application, accep~ and use
of federal funds under this Agreement. Subgrantee also certifies it sl~l. I comply with Chapier
252, F.S., Rule Chapters 90-6, 90-7, 90-11, and 90-19, FA.t:., as a condition ofthe receipt and
acceptance of funds under this Agreement.
1. The Subgrantee certifies, by signing this Agreement, that to the best ofhls or her
knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement.
2. Pursuant to Section 216.347, l~]:lg.i~l.,.~tll~, the Subgrantee agrees that no funds
from this Agreement will be expended for the purpose of lobbying the Legislature or a state
agency.
C. i~.~,_~LW.t:~. The Subgrantee will comply with the approved "Five Year Strategic
Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the
activities/pro, iects to be accomplished this year under this State and Local Assistance (SI.A)
Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously
routed for approval with the Subgrentee's Emergency Management Preparedness and Assistance
('EMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified in its
Strategic Plan to be performed during the period ofthis Ag'teement Failure to timely complete
tasks identified in the Strategic Plan may constitute grounds for withholding funds and
suspension and termination of this Agreement.
D. Compensation and Financial R _eponin_~ Req. ulrements.
1. The Subgrantee shall use the funds available under this Agreement to pay for State
and Local Assistance personnel, travel and administrative expenditures. All acquisitions with a
cost of $:5,000 or greater ~quire written prior approval from the Grantee. OMB Circular A-87
should be used to provide guidance concerning allowable and unallowable expenditures. The
Subgrantee shall be reimbursed on a quarterly basis for costs inctu'red in the satisfactory
performance of work hereunder in an amount not to exceed the total allocation shown in
Paragraph I.B. of'th~s Agreement.
2. Expenditure Repons/Reimbursement Requests must be submitted to the Orantee on a
quarterly basis and are due within ~rty (30) days after the end of each quarter. Progress reports
must be submitted to the Orantee on a semiannual basis according to the requirements tel forth in
the Subgrantee's ElV~PA base grant for the same fiscal period. A final Close-out Report is due
within forty-five (4:5) days ai~er the termination of this Agreement. The Subgrantee shall not
receive reimbursement for final expenditures until the final pr,~;ress report is received, previous
payments are audited and final approval has been made by the Orantee.
E. Fiscal and Pro,ram Accountability. The $ubgrantee rnus~ establish fiscal control of
subgrant funds and required matching expenditures as required in Federal Emergency
Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee acknowledges
lhat it has full responsibility for fiscal and programmatic accountability for this subgrant. In the
event the Subgrantee is unable to produce records capable ofbelng audited without
reconstruction by auditors, all funds paid under this Agreement by the Grantee to the Subgrantee
shall be disallowed and subject to repayment. The accounting system established and maintained
by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee,
check the accuracy and reliability of accounting data, promote opera~ing efficiency and ensure
compliance with described management policies of this Agreement.
F. Recordin~z and Documentation of Receiots and Exoenditures. Accounting procedures
must provide for an ~ccurate and timely recording of receipt of funds by type of expenditures
made from such funds and ofunexpended balances. Accounting procedures must be adequate to
ensure that expenditures charged to this subgrant are for allowable purposes and that
documentation is readily available to veri~ that such charges are accurate. Failure to create and
maintain said documentation may result in the disallowance and recovery of funds.
G. Unex_~ended Funds. Unexpended funds which are reflected on the final Close-out
Report referred to in Paragraph II.D. above will automatically revert to the Grantee, and the
Grantee reserves the right to unilaterally reobligate such funds.
H. Obli_~ation of Grant Funds. Subgrant funds shall not be obligated prior to the
effective date, or subsequent to the termination date, of the subgrant period. Obligations
outstanding as of the termination date shall be liquidated within thirty (30) days. Such
obligations must be related to goods or services provided and utilized within the subgrant period.
I. ]~.etention of Records.
1. All original records pertinent to this Agreement shall be retained by the Subgrantee for
three years following the date of termination of this Agreement ot of submission of the final
close-out report, whichever is later. However, if any litigation, claim or audit is s',~ed before
the expiration of the three-year period and extends beyond the fl~.ee.year period, the records will
be maintained until all litigation, claims or audit findings involving the records have been
resolved.
2. All records, including supporting documentation of all program corn, shall be
sufficient to determine compliance with the requirements end objectives of the Scope of Work
shown in paragraph II.C. and all other applicable laws and regulations.
:~. The Subgrmtee, its employees or agents, includinl~ ~! subcon~ctora or consultants Io
be paid fi.om fimds provided under this Agreement, shall allow access Io i~s public records al
reasonable times to the Grantee, its employees, and agents. "Reasonable" shall be construed
according to the circumstances, but ordinarily shall mean during normal business hours ot'
S:00 a.m. to $:00 p.m., local time, on Monday through Friday. "Agents" shall include, bul not be
limited to, auditors retained by the Grantee.
.I. Audit Requirements. The Subgrantee agrees to maintain financial procedures and
support documents, in accordance with generally accepted accounting principles, to account for
the receipt and expenditure of'funds under this Agreement.
1. These records shall be available at all reasonable times for inspection, review, or audit
by state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of
g:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. The Subgramee shall also provide the Grantee v,'i~h the records, repons or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under ds Agreement.
3. The Subgrantee shall provide the Grantee wRh an annual financial audit repor~ which
meets the requirements of Sections 11.45 and 216.:~49, EI.~, and Chapter 10.$50,
Rules of the Auditor General, and to the extent applicable, the Single Audit Acl of 1984, 31
U.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes ofaudidng and
monitoring the funds awarded under this Agreement.
4. The annual financial audit repor~ shall include all management le~ers and the
Subgrantee's response to all findings, including corrective actions to be ~aken.
5. The an.nual financial audit repor~ shall include a schedule of financial assi~ance
specifically identi~ing all Agreement and grant revenue by sponsoring agency and Agreement
number. '
4
JA" 1 3 _1998
"7
6. The complete financial audit report, including all items specified in J.4. and 5. above,
is due on or before April 30, 1999 and shall be sent directly to:
Department of Community Affairs
Office of Inspector General
255~ Shumard Oak Boulevard
Tallahassee, l:'lodda 32399-2100
7. In the event the audit shows that the entire amount of awarded funds, or any portion
thereof, was not spent in accordance w~th the conditions ofthi: Agreement, the Subgrantee shall
be held liable for reimbursement to the Orantee of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (1t0) days after the Grantee has
notified the Subgrantee of such non-compliance. The Orantee may offset current awarded funds
to reimburse for previous year non-compliance. If the Subgrantee falls to provide the
reimbursement within :30 (thirty) days, then the Subgrantee authorizes the Orantee to deduct the
amount to be reimbursed from any funds awarded to the Subgrantee but not yet released by the
Grantee.
8. The Subgrantee shall have all audits compleled by an independent public accountant
(IPA) who shall be either a certified public accountant or a public accountant licensed under
Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable
provisions noted above.
K. Modification of A_~reement. Either party may request modification of the provisions
of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to
writing, duly signed by each of'the panics hereto, and attached to the original of this Agreement.
However, the funding amount and match commitment identified in paragraph I.B., above, may be
modified as provided in that paragraph.
L. Notice and Contact.
!. All notices provided under or pursuant to this Agreement shall be set forth in writing
and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the
representative identified below. Said notification shall be attached to the original ofthis
Agreement.
2. The Representative of the Grantee is the Grantee contract manager for this Agreement,
Joseph F. Myers, Director, Division of Emergency Management.
3. The Representative of the Subgrantee responsible for the administration of'this
Agreement is the County's Authorized Official who executes this Agreement.
4. In the event that different representatives are designated by either party after execution
of this Agreement, notice of the name, title and address of'the new representative will be
rendered as provided in L.I. above.
M. ~ubcontracts.
1. If the Subgrantee subcontracts any or all of the work required under this Agreement,
the Subgrantee agrees to include in the subcontract language binding the subcontractor to the
terms and conditions of this Agreement with the Grantee.
2. The Subgrantee agrees to include in the subcontract language stating that the
subcontractor shall hold the Grantee and Subgrantee harmless ;~g~inst all claims of whatever
nature which may arise out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded
to the Grantee wi~n thirty (30) days after execution.
III. MISCELLANEOUS REOUIREMENTS
A. Bills for fees or other compensation for services or expenses must be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
B. Bills for any travel expenses must be submitted in accordance with Section 112.061,
Florida Statutes.
C. Units ofdeliverables, including reports, findings, and dra~ as specified in Paragraph
II.C. oft.his Agreement, must be received and accepted by the contract manager prior to payment.
D. The Subgrantee must comply with the criteria and final date by which criteria must be
met for completion of this Agreement as specified in Paragraph I.A. of this Agreement.
E. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to
allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this
Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to
comply with this provision shall constitute a breach of contract.
F. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
6
By the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds
for uMlateral cancellation of'this Agreement by the Department.
O. A person or affiliate who has been placed on the convicted vendor llst following a conviction
for · public entity crime may not submit a bid on a contract to provide any goods ct services to a public
entity, may mot submit a bid on a contract with a public entity for the construction or repair of· public
building or public work, may not submit bids on leases of real property to · public entity, may not be
· warded ct perform work as · contractor, supplier, subcontractor, or consultant under · contract with ·
pub1~c entity, aAd may not transact business with any public entity in excess of Category Two for a period
of 36 months fi.om the date ofbeMg placed on the convicted vendor list.
IV. LEGAL ALrrHO~A~ON
The Subgrantee certifies with respect to this Agreement that it possesses legal authority to receive
the Rinds to be provided under this Agreement. The Subgrantee also certifies that the undersigned
possesses the authority to legally execute and bind Subgrantee to the terms of.this Agreement.
The Subgrantee acknowledges that the responfibility for complying with the approved subgrant
award rests with the Subgrantee and acknowledges that f.ailure to do so constitutes grounds for the
recession or suspension of.this subgrant and may influence Riture subgrant awards.
WITNESS Il:ER.EOF, the Grantee and the Subgrantee have executed this Agreement;
FOR TH:E SLTBGRANTEE:
COLLAR COUNTY
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Authorized County Official
BY:
Authorized Department Official
Name / Title
CHAIRMAN
loseph F. Myers. Division Director
Name I Title
Date: Date:
Federal Employer IDa :~)-6000558_
Catalog of' Federal Domestic Assistance Number and Program
CFDA #83.$34 State and Local Assistance (SLA)
DWIGHT E. BROCK, CLERK
BY:
Deputy Clerk
Approved as to Form and Legal Sufficiency
ThOmas C. Palmer,'Asslstant County
Attorney
JAN I 3 19981qlP'
,,. tO [
EXECUTIVE $UMMARY
APPROVE THE PURCHASE OF FIVE (5) MEDII~-DUTY ADVANCED
LIFE SUPPORT AMBULANCES USING CITY OF JACKSONVILLE BID
NO. SC0057-96. AUTHORIZE USE OF RESERVF, S IN THE MOTOR
POOL CAPITAL RECOVERY FUND (522) TO REPLACE ONE
AMBULANCE DAMAGED IN AN ACCIDENT.
~ The Board of County Commissioners approve purchase of five
(5) medium-duty ambulances from Medic Master Corporation, Sanford, Florida
using City of Jacksonville Bid No. SC0057-96. The Board authorize use of
Reserves in Motor Pool Capital Recovery Fund ($22) to replace one of the
ambulances damaged in an accident, and approve a budget amendment to
implement that purchase.
CONSIDERATION: Section XIII B of the Purchasing Policy allows the
County to join with other units of government in cooperative purchase ventures.
The City of Jacksonville awarded a contract for medium-duty Advanced Life
Support ambulances which affords Collier County the opportunity to purchase
under the same terms and conditions.
The base cost per ambulance on the City of Jacksonville bid was $123,488.00.
Using this base and eliminating some equipment not consistent with our existing
ambulance fleet, the purchase price for Collier County is $108,9715.00 per
ambulance.
Each company which builds ambulances has different box structures, wiring, air
conditioning systems, equipment, and repair parts. Of the 21 ambulances
currently active within the County, 16 were purchased from the Medic Master
Corporation since 19915. The quality, performance, and dependability of the
Medic Master ambulances have been superior. Maintenance and upkeep have
been fairly simple. All Fleet Management mechanics have been trained on
repair and maintenance of these ambulances, and a standard repair parts
stockage has been established. Product support from Medic Master Corporation
has been excellent. Additionally, the structure and other safety features are
superior to the products of other ambulance companies that have been surveyed
by Collier County staff. Considering these factors, standardization of the
County's ambulance fleet with Medic Master ambulances is considered in the
best interests of Collier County both operationally and economically.
JAN 13 1998 I
"°:: /
Purchase of five ambulances is required. One ambulance ia a growth unit
funded by Impact Fees appropriated by the Board for purchase this fiscal year.
Three ambulances are scheduled replacements approved by the Board with
funds appropriated In the Motor Pool Capital Recovery Fund (522). One
ambulance requires replacement due to being declared a total loss from an
accident occurring on September :17, 1997. Funds for the latter ambulance are
available in Reserves of the Motor Pool Capital Recovery Fund
designated for EMS capital outlay. Board approval is requested to approve
transfer and use of Reserve funds to purchase this ambulance. A portion of the
cost to replace the damaged ambulance will be offset by revenues from
insurance proceeds of $16,800.00 and the auction value of the vehicle estimated
at S$00.00.
FISCAL IMPACT; The cost to purchase five (5) medium-duty Advanced Life
Support ambulances is $:544,875.00. The funding sources are as follows:
a. EMS Impact Fees Fund (350-140470) . $108,975.00 for one growth
ambulance.
bo
Motor Pool Capital Recovery Fund ($22), Vehicle Replacement. EMS Cost
Center (122465). $435,900.00 for three scheduled replacements and one
ambulance destroyed in a traffic accident. Purchasing the latter ambulance
requires use of Reserve funds from the Motor Pool Capital Recovery Fund
(522), Reserve for Capital Outlay. EMS (919010.993500) in the amount of
$91,675.00, and appropriation of insurance proceeds in the amount of
$16,800.00 and auction value in the amount of S500.00.
GROWTH MANAGEMENT IMPACT: One ambulance will be a growlh unit
as approved b), the Board.
RECOMM~.NDATION: The following is recommended for approval by the
Board of County Commissioners:
Purchase five ($) medium-duty Advanced Life Support ambulances from
Medic Master Corporation, Sanford, Florida, utilizing the City of
Jacksonville Bid No. $C0057.96 for a purchase price of $I08.97.5.00 each
or a total of $$44,875.00.
AGENDA ITEM,
JAN 13 1998
Pg...
be
Authorize Reserves in the amount of $108,975.00 from Motor Pool Capital
Recovery Fund ($22), Reserves for Capital Outlay - EMS (919010-993500)
to purchase one of the five ambuI~ces.
PREPARED BY:
Approve the ~Budget Amendment of Motor Pool Capital Recovery
Fund (522) to move $ 91,675 from Reserve for Capital Outlay - EMS
(919010-993500) to the Vehicle Replacement - EMS Cost Center, Autos &
Trucks Capital Outlay (12246:5-764110) to purchase the replacement for the
ambulance destroyed in an accident.
:-,.. O.te: ?
Da - roil: i:le~i~vtan~et' '
REVIEWED BY:
Diane Flagg,'~, mergency
Date: !,
Services Director ' ! '
REVIEWED BY:
Date:
Director
REVIEWED BY:
-~ ~). L~-f'~.'~')' '- Date:
Steve Carnell, Purchasing/General Services Director
REVIEWED BY:
~'~C' ~."~v .~' '""1 Date:
Leo Ochs,
Support $~/ices Administrator
APPROVE AN AGREEMENT WITH THE OFFICE OF THE ATTORNEY
GENERAL, STATE OF FLORIDA, TO SETTLE DISPUTED MEDICAID
OVERPAYMENTS TO THE COUNTY FOR THE PERIOD FEBRUARY 1, 1993
TO FEBRUARY 11, 1997
~ To obtain Board of County Commissioners approval of a settlement
agreement between Collier County and the Office of the Attorney General, State
of Florida, representing the Agency for Health Care Administration.
CONSIDERATION,~: Collier County is the only provider of emergency ambulance
services within Collier County. The level of service (LOS) provided is determined
by State Statutes, implementing ordinances, and by Emergency Medical Services
(EMS) protocol designed, developed and maintained by the County's Medical
Director. The LOS provided by EMS is the highest level available and is
recognized under a national classification system as Advanced Life Support
(ALS). Collier County's ambulance service structure does not provide lower levels
of service defined as Basic Life Support (BLS) and Transport Services (TS).
Transportation services are currently provided by various private non-emergency
transport companies.
Contractually, the County has been a participating provider with Medicaid since
the mid-1980's. Under the contract and Medicaid regulations, a participating
provider accepts assignment of the right to receive payment directly from
Medicaid. Payment is controlled and defined by Medicaid as to amount and to
allowability. The participating provider agrees to accept the fee established by
Medicaid and further agrees not to bill the patient for any portion of the transport
fee not covered by the Medicaid payment.
In March of 1997, the Office of the Attorney General (OAG) notified the County
that it would be conducting an audit of Medicaid payments to the County. The
audit would cover a four year period (February 1, 1993 to approximately
February11, 1997). OAG audit staff had developed a statistically selected sample
of 125 claims to review. In May, 1997, the OAG requested a second statistically
selected sample of 125 Trip Tickets. The second sample was reviewed by OAG
staff and health care personnel from the Agency for Health Care Administration
(AHCA). AHCA is the State Agency responsible for Medicaid administration.
The audit findings claimed that the County had been overpaid by Medicaid during
the four year audit period by $285,024. County staff disputed this finding and
conducted its own medical audit of these claims using the payment criteria
followed by the Agency for Health Care Administration. This staf~ audit estimated
the overpayment to be approximately $138,500. -
AGE~)A I.TEM
JAN 13 ~S,~
After several months of additional review and negotiation, the parties agreed to
recommend settlement of this matter for $160,000 payable over a 28 month
period interest free. The proposed final settlement agreement is attached as
Exhibit A. The payment schedule (Exhibit B) reflects payment of $60,000 in fiscal
1998, $60,000 in fiscal 1999, and $40,000 in fiscal 2000.
Department of Revenue staff has modified its Medicaid claims processing
procedures to eliminate this type of overpayment sit[,~tion from occurring in the
future. The net effect of this change will be a reduction in budgeted Medicaid
revenues in this and subsequent years. The Impact of the revenue reduction for
FY98 is estimated to be approximately $108,000. Impact for future years will be
addressed in the respective budget cycles.
GROWTH MANAGEMENT IMPACT: None
FISCAL IMPACT~ The direct fiscal impact of the attached agreement for FY1998
is $60,000. Reimbursement payments in FY1999 and FY2000 can be budgeted
in the normal budgetary cycle. In addition, there will be a reduction of budgeted
Medicaid Fees of approximately $108,000.
Since the $60,000 repayment for FY1998 is not budgeted, the payment will need
to be appropriated by budget amendment from reserves. The reserve funds
recommended for appropriation is EMS Operating Fund, Reserve for
Contingencies (490-991000).
RECOMMENDATION; That the Board of County Commissioners authorize the
Chairman to execute the settlement agreement, approve the necessary budget
amendments as outlined above and direct staff to include the FY99 and FY2000
reimbursements in the budget process.
Jo' A YonkoSk Director
Departmentlko'~e~vven ue ~
Reviewed by:
Diane Flagg, Director
Emergency Services Department
Approved bY:L~or
Support Services~'Division
Date:
AGEHDA ITEM
JAN 1 3 1968
SE'I-rLEMENT AGREEMENT
EXHIBIT A
THIS SETTLEMENT AGREEMENT (the "Settlement Agreement") is
entered into on this day of , l gg7, between
COLLIER COUNTY, FLORIDA, (hereinafter 'the Cou~" which term whenever
used herein shall mean COLLIER COUNTY, FLORIDA, including all officers,
directors, employees, agents and attorneys thereof and their successors, and
assigns) and the Office of the Attorney General (hereinafter the 'OAG").
WITNESSETH:
WHEREAS, the OAG commenced an investigation of the County
concerning the County's alleged receipt of Medicaid overpayments from the
Agency for Health Care Administration (hereinafter 'AHCA") for Medicaid billings
for ambulance transportation of Medicaid recipients. The County is the sole
provider of ambulance services within its boundaries, providing said services by
means of ambulances operated by its Collier County Emergency Medical Service.
All billing and collection for the above services is the responsibility of the Collier
County Revenue Services Department. The OAG, through its own audit,
determined that certain ambulance transports were incorrectly billed by the County
as Advanced Life Support.
WHEREAS, The County and OAG, desire to conclude the aforementioned
investigation and to settle and compromise all claims arising out of such
investigation that were asserted or maintained, could have been
AGE~,DA LTEIVJ.~,.
Page 1 of 6
maintained, or which in the future could be asserted or maintained by the OAG or
the AHCA against the County;
NOW, THEREFORE, in consideration of the premises and the mutual
promises, agreements and covenants herein, including, but not limited to, the
payment of the Settlement sum as described in paragraph 4 below, and for other
good and valuable consideration, the receipt and suffi.r, iency of which are hereby
acknowledged, the parties hereto stipulate and agree as follows:
1. As used herein the term 'Investigation" shall mean the OAG's
examination of the County's receipt of Medicaid overpayments relating to the
ambulance transportation Medicaid recipients during the period February 1, 1993,
to February 11, 1997.
2. The term 'Parties" as used in this Settlement Agreement shall
collectively refer to the County and the OAG.
3. It is expressly understood and agreed between the Parties that this
Settlement Agreement, and the payment and release provided hereunder, are not
and shall not be construed to be an admission of liability or any acknowledgement
of the validity of any of the claims which were or which could have been asserted
by the OAG against the County, arising out of the Investigation, which liability or
validity is hereby expressly denied by the County.
4. The County on behalf or itself, its current and former officers,
directors, employees, attorneys, and other representatives, agrees to pay to the
State of Florida the sum of One Hundred Sixty Thousand Dollars ($160,000.00).
Of this amount, AHCA shall receive the amount of One Hundred For1
Page 2 of 6
pg. ~ r
EXHIBIT A
Dollars ($140,000.00), and the remaining Twenty Thousand Dollars ($20,000.00)
shall be deposited in the Medicaid Fraud Control Trust Fund.
5. The County agrees to pay Twenty Thousand Dollars ($20,000.00) of
the amount provided in paragraph 4 above in one lump-sum payment to the OAG,
within 10 days of the date of the Agreement. Said payment shall be made by
County check. The balance of the amount shall be paid in fourteen (14) bimonthly
installments of Ten Thousand Dollars ($10,000.00) each, beginning the 15~' day of
the second month following the execution of this Settlement Agreement. If full
payment is not made as provided, this Settlement Agreement shall be of no
further force or effect and neither party shall have any right hereunder unless the
payment date is extended by the OAG in its sole discretion.
6. Upon full payment to the OAG of the amount provided in paragraph
4 above, the OAG hereby agrees to release, acquit, and forever discharge the
County from any and all actions, causes of action, obligations, liabilities, claims or
demands for compensatory, special, punitive, exemplary, or treble damages,
claims or relief, or demand whatsoever in law or in equity, civil or administrative,
which were asserted or maintained, could have been asserted or maintained, or
which could in the future be asserted or maintained against the County in any
action or proceeding, based upon, arising out of, related to, or connected with,
directly or indirectly, any of the matters in the Investigation.
7. The Parties have agreed that the payments and settlement made
resolution and
pursuant to this Settlement Agreement constitute a complete
settlement of all issues and matters relating to or the subject of I
Page 3 of 6
EXHIBITA
Upon the County's fulfillment or its obligations under this Settlement Agreement
and payment of the sums provided herein, the Investigation, as defined in
paragraph 1, shall be concluded.
8. This Settlement Agreement shall be binding upon and inure to the
benefit of the Parties.
9 This Settlement Agreement constitutes the entire agreement
between the Parties with regard to the subject matter contained herein and all
prior negotiations and understandings between the Parties shall be deemed
merged into this Settlement Agreement.
10. No representations, warranties or inducements have been made by
the OAG concerning this Settlement Agreement other than those representations,
warranties, and covenants contained in this Settlement Agreement.
11. No waiver, modification or amendment of the terms of this
Settlement Agreement shall be valid or binding unless in writing, signed by the
Party to be charged and then only to the extent set forth in such written waiver,
modification, or amendment.
12. Any failure by any Party to the Settlement Agreement to insist upon
the strict performance by any other Party or any of the provisions of this
Settlement Agreement shall not be deemed a waiver of any of the provisions of
this Settlement Agreement.
13. This Settlement Agreement shall be governed by, and construed and
enforced in accordance with the laws of the State of Florida, without regard to its
conflict of law principles.
Page 4 of 6
EXHIBIT A
14. The Parties acknowledge that this Settlement Agreement is being
entered into to avoid the expense and length of further legal proceedings, taking
into account the uncertainty and risk inherent in any litigation.
15, This Settlement Agreement, any exhibit or document referenced
herein, any action taken to reach, effectuate or further ~his Settlement Agreement,
and the terms set forth herein, shall not be construed as, or used as, an admission
by or against any of the Parties of any fault, wrongdoing, or liability whatsoever, or
as a waiver or limitation of any defenses otherwise available to any of the Parties.
Entering into or carrying out this Settlement Agreement, or any negotiations or
proceedings related thereto, shall not in any event be construed as, or deemed to
be evidence of, an admission or concession by any of the Parties, or to be a
waiver of any applicable defense. However, nothing in this Settlement
Agreement, including this paragraph, shall be construed to limit or to restrict the
County's right to utilize this Settlement Agreement, or payments made hereunder,
to assert and maintain the defenses of res judicata, collateral estopple, payment,
compromise and settlement, accord and satisfaction, or any legal or equitable
defenses in any pending or future legal or administrative action or proceeding.
16. If any clause, provision, or section of this Settlement Agreement
shall, for any reason, be held illegal, invalid, or unenforceable, such illegality.
invalidity, or unenforceability shall not affect any other clause, provision, or section
of this Settlement Agreement, and this Settlement Agreement shall be construed
and enforced as if such illegal, invalid, or unenforceable clause, section, or other
provision had not been contained herein. A,~Ei -
Page 5 of 6
17. This Settlement Agreement, was executed after arms length
negotiations between the Parties and reflects the conclusion of the Parties that
this Seffiement Agreement is in the best Interest of all the Parties.
18. Each of the Parties participated Jolntty In the drafting of this
Seffiement Agreement, and therefore the terms of this Seffiement Agreement are
not Intended to be construed against any of the Parties by virtue of draftsmanship.
COLLIER COUNTY, FLORIDA
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LEGAL AFFAIRS
Chairman
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:.
PETER ANTONACCI
Deputy Attorney General for
the State of Florida
A'Fi'EST:
Dwight E. Brock
Clerk of Courts
Approved as to form
and legal sufficiency:.
County Attorney (
APPROVAL OF BUDGET AMENDMENTS
BCC Agma~ of 1/13/9~
Coaler CounU Wa~er/S~ Oi~om (40~)
l~dge~ Ammdm~nt 98-103
$33,831
Road Construction--Gas Tax Fund OL3)
Bud~t Amendment 98.107
Legal Settlement C~ 0mmohlee Rd 4-Laning Project)
Reserve for Capital Outlay
$991
Total
~ a~e needed to cover an unpaid bin for legal services rendered by C~rlton, Fields (County's outsid~ council)
for W~-t-~xl vs. Collier Counv/for the Immok~lee Rind Fora-! ~.~n~ Project.
County Water Capital ProJects (412)
Bud~t Ammdment 98-108
Office of Capital Projects Mamt,~nent
Improvements Genenl (So. County WTP Odor Ctfl. System)
Reserve for Capital Ou~y
Total
Fund~ are medcd to ficJ~iute corrccdve t~on for two fewer crouinf problems etconm~ in d~e comtncdn of
a sewer lift station and force main. The lift radon and force mah ar~ beinf ~ eo ensure d~ new odor
AGENDA ITEM
JAN 13 U98
pg._ *
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
JANUARY 13, 199g
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
Letter from Michael A. Welsh, Control, Collier County Tax Collector's Office
referencing distribution of Current Ad Valorem Tax and Non-Ad Valorem
Assessment to BCC after Tax Collector's commission and distribution recap
showing year to date totals of taxes collected net of discount for 1993, 1994,
1995, 1996 and 1997.
P~ ·/...,--L~
AGENDATRANSMITrAL ~UP
Date Suh,nltted: 12/30/97
Requested Agenda Date: 1/13/98
Agenda Item #.
1
(4) Approval of Minutes
(7) Public Pc~i~ions
(8~ Public Scrvice~
(9)
(12) Public
Requested
Lawrcnce S. Pivacck
Da~e:
Date:
Item Title:
I:LECOMMENDATION THAT THE BOARD APPROVE THE STIPULATION FOR SUBSTITUTION OF
COUNSEL IN THE LAWSUIT STYLED ,,,eTEPHEN'P,. IF,4 T/'5 K BEIT'ER RO,4D$, INC., COLLIER COUNTY,
Fr. OPJD,4 ,4ND ,.TI',4 TE OF FLORID,4 DEP,4RTMENT OF TtbIIVSPOI~ T,4 T/O/V, CASE NO. 97-220 I-CA-01-TB
AND TO AU'ITIOR/ZE THE CHAIRMAN TO EXECUTE THE STIPULATION AND ALL NECESSARY
DOCUMENTS PERTAINING THERETO.
List of Documents Attnched:
I. Executive Surnmn~ (required)
2. Stipulation $.
3.
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD APPROVE THE STIPULATION
FOR SUBSTITUTION OF COUNSEL IN THE LAWSUIT STYLED STEPHEN
R. WAFIi~ V. BETTER ROADS, INC., COLLIER COf/NTY, FLORIDA AND
ST~ITE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CASE NO. 97-
2201-CA-01-TB AND TO AUTHORIZE THE CHAIRMAN TO EXECUTE
THE STIPULATION AND ALL NECESSARY DOCUMENTS PERTAINING
THERETO.
g2ILIF.-,.I~iI~M That the Board of County Commissioners approve and authorize the Chairman
to execute the Stipulation between the parties in the case styled Stephen R. Watts v. Better Roads,
Inc., Collier County, Florida and State of Florida Department of Transportation, Case No. 97-
2201.-CA-01-TB. Acceptance and execution of this Stipulation will allow the law firm of
Henderson, Franklin, Statues & Holt of Fort Myers, Florida to assume the defense of Collier
County relative to this lawsuit and pursuant to the contract previously accepted by the Board of
County Commissioners for this construction project.
CONSIDERATIONS: This lawsuit was initiated by Plaintiff Stephen R. Watts claiming
personal injury due to the alleged negligence of the above named defendants. The pertinent facts
of this lawsuit are that in September of 1996 the plaintiff, while riding his bicycle on Golden
Gate Boulevard, encountered an alleged gap in the sidewalk that had recently been constructed,
thereafter falling offhis bicycle and sustaining injury. At the date and time of this accident, the
sidewalk which had been constructed was part of a highway improvement project being
completed by Better Roads, Inc. pursuant to a construction contract with Collier County. Collier
County has denied any improper acts or negligence relative to this matter and will continue to do
so. However, pursuant to the contract which was awarded to Better Roads, Better Roads is
obligated to provide the County with a defense to any lawsuit which arises within the area of
construction and to thereafter indemnify Collier County should any award be assessed against the
County. Because there is no dispute as to the fact that this alleged accident occurred within the
construction site that Better Roads was in control of, the attorneys for Better Roads have agreed
to assume the defense of this lawsuit for Collier County and to thereafter, if required, indemnify
the County out of its own insurance funds, should the County be found negligent in any va),.
FISCAL I~IPACT: There is no cost to the County with respect to the reassignment of the
defense of this case to outside counsel based upon the contract aforementibned.
GROWTH MANAGEMENT IM'PACT: None.
AGENDA ITEM
No. ~
! 3 1598
~ ~ JeffWalkcr, have agreed that th~/s the appropriate course of act/on to
take at e/s point in ~ It is therefore the recommendation of the Office of the County
Attorney that the Board of County Comm/ss/oners accept and execute the Stipulation for
Substitution ofCotmsel relaliv~ ~o this matter and authorize the Chairman to sign said Stipulation
in order ~ achieve closure of this matter.
PREPARED
BY:~~. '~ Date:/,~'
Lawrence S. P~vacek
Assistant County Attorney
APPROVED ~ Date:
~'~'"David C. W~ilicl- -
County Attorney
2
AGENDA ITEM
,,, ,.., 1 3 1998
IN THE CIRCUIT COURT OF THE TWENTI~ JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY. FLORIDA CIVIL ACTION
STEPHEN R. WATTS,
Plaintiff,
Ve
BETTER ROADS, INC.,
COLLIER COUNTY, FLORIDA, and
THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Defendants.
)
)
)
)
)
)
.)
)
)
)
)
)
)
CASE NO. 97-2201-CA-01-TB
STIPULATION FOR SUBSTITUTION OF COUNSEL
COME' NOW the parties to this action, by and through their
undersigned counsel, and stipulate that the firm of HENDERSON,
FRANKLIN, STARNES & HOLT, P.A. shall be substituted for MICHAEL W.
PETTIT, Assistant County Attorney, as counsel of record for
Defendant, COLLIER COUNTY, FLORIDA, and MICHAEL W. PETTIT,
Assistant County Attorney, shall have no further responsibility for
Defendant, COLLIER COUNTY, FLORIDA, in this matter.
DATED this day of , 1997.
HENDERSON, FRANKLIN, STARNES & HOLT OFFICE OF COUNTY ATTORNEY
Attorneys for Defendant, Better Roads Attorneys for Collier County
Post Office Box 280 3301 East Tamiami Trail
Fort Myers, FL 33902-0280 Naples, FL 34112
(941) 334-4121 (941) 774-8400
lorida Bar No. 177406
MICHAEL W. PW-TTIT --_
Florida Bar No. O%'-70 ~?&
COLLIER COUNTY, FLORIDA, Client
, Chairman
AGL:~iDA.ITEM,
JAN ! 3 1998
A'~: ~'
DWIG~"T E. Bl~Og"'l(, CLEI~
ORDER GRANTING ~TIPULATION FOR SUBSTITUTION. OF COUNSEL
THIS CAUSE coming on for hearing on stipulation of counsel for
the respective parties, and having obtained written consent of the
party, the Court being otherwise fully advised in the premises, it
is hereby
ORDERED AND ADJUDGED that the firm of HENDERSON, FRANKLIN,
STARNES & HOLT, P.A. shall be substituted for MICHAEL W. PETTIT,
Assistant County Attorney, as counsel of record for Defendant,
COLLIER COUNTY, FLORIDA, and MICHAEL W. PETTIT, Assistant County
Attorney, shall have no further responsibilities for Defendant,
COLLIER COUNTY, FLORIDA, in this matter.
DONE AND ORDERED in Chambers at
Florida, this day of
Naples, Collier County,.
, 1997.
TED H. BROUSSEAU, Circuit Judge
Service of the foregoing Order has
been made by U.S. Mail this day
of , 1997, upon:
J. TERRENCE PORTER, ESQUIRE
MICHAEL W. PETTIT, ESQUIRE
JOHN D. KEHOE, ESQUIRE
By:
Judicial Assistant
AGENDA. _I_I_I_I~E.M~
No...,~.~.~
~:.,~l ! 3 1998
p;. ~