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Agenda 12/09/1997 R COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS AGENDA December 9, '1997 9:00 A.M. NOTICE: ALL PERSONS WISHLNG TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SP~G. REQUESTS TO ADDRESS THE BOARD ON SUBYECTS WHICH ARE NOT ON Tills AGENDA MUST BE SUBMITTED IN WRITING WITH EX.PLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WELL BE HEARD UNDER "PUBLIC PETITIONS~. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE ~LAY NEED TO ENSURE THAT A '~T_RBATIS! RECORD OF TIlE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTI.XIONY AND E%'IDENCE UPON ¥,'HICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FFsrE ($) MINUTES UNLESS PER.%IiSSION FOR ADDITIONAL TL',IE IS GRANTED BY TIiE CHAII~IAN. ASSI$'I'ED LISTENING DEVICES FOR THE HEARING IM-PAIRED ARE AVAILABLE tN THE COUNTY COSIMISSIONERS' OFFICE. LUNCtl RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 2. 3. 4. 5. IN's'OCATION - Rex'. Harold Bro~vn, Lely Presbyterian Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA .~PPROVAL OF MINUTES PROCLAMATIONS AND SER¥'ICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Zlizabeth Gaw - Librars.' - 20 years 2) Helen Ortega- ElMS - 15 )'ears Ce o 10. 11. PRESENTATIONS 1) preparation to announce the Collier Count)' MuR~jm'l progrtm of t','enU for 199g in honor of Coliler County's 75~ ~nnlve~ celebration, 2) R~ommend~fion to ~o~ Edward Torroni, Assistant to thc Alhlefic Superior, P~r~ and Rec~ation Depa~ment, ~blic ~ces Dl~4sion, u Employee of the Year for 1997. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CRANGES TO I:LESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. CObIMUNITY DEVELOPMENT & ENVERONMENTAL SERVICES 1) Status of Board of Count)' Commissioners' action pursuant to sunsetting pro¥isions (Section 2.7.3.4) of the Collier Count)' Land Development Code relative to the Saddlcbrook Village PUD (Ordinance 91-55) and companion affordable housing density bonus agreement and to affirm or repeal Resolution 91-55. 2) A Resolution of the Board of Count)' Commissioners authortz{ng a new ,greement {'or affordable housing density bonus and imposing covenants and restrictions on real properly. PUBLIC WORKS Considerntion of an Agreement bet~een Collier Count)' and the City of Naples ;.hat provides for appropriate modifications to the Golden Gate Boulevard Improvement Pro, eot ~'hich are necessary to accommodale the City of Naples raw'~'ater main. C. PUBLIC SERVICES SUPPORT SERVICES COUNTY ADMINISTRATOR F, AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT A. Recommendation to consider and approve settlement of Booker)' Bay Utile' Co. v. Collier CounO', Case No. 96.1-CIV-FTM-13D, United States District Court for the Middle District of Florida. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Count)' Government Productivity Committee. OTHER CONSTJTUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FO..LLOWING STAFF ITEMS ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS Bo ZONING AMENDbIENTS 1) Petition PUD.82-6(3), Granite Development, L.C., requesting an amendment to the Sabal Lake PUD (Ordinance 8241, u amended) for the purpose of modifying Section 4.5 pertaining to ~:tbacks ~a~d in particular separation between principal and accessory structures for property located on Radio Road (C.IL 8.~6) approximately ¼ mile east of Santa Barbara Boulevard in Sec. 4, T$0S, ILI6E. 2) Pelifion PUD-9:~-I(3), George L Varnadoe of Young, van Assenderp and Varnadoe, P.A., representing WCl Communities, LP., for a rezone from "PUD" Planned Unit Development to "PUD" Planned Unit Development having the effect of amending the Pelican Marsh PUD, Ordinance No. 954, for the purpose of redefining the developmeni alcatel' and mulet plan for that portion of Pelican Marsh lying east of Airport-Pulling Road (C. IL and the area of Vanderbilt Beach Road/Goodleite-Frank Road Intersection for a 4.70 "CF" parcel ~'hich will result in a reduction to the number of dwelling units authorized from 5,600 to 5,100 dwelling units while revising the authorized amount of commercial development b)' decreasing retail and office space and increasing hotel space as well as providing for a new Master Plan illustrating a 27 hole golf course and increased open space In thai part of the Pelican Marsh Community lying east of Airport-Pulling Road (CIL 31) and designating a 4.7 acre parcel of land at the ~outhe,,,~t comer of Vanderbilt Beach Road/Goodlette-Frank Road (C.R. 851) for community faciliD' lype of land use, and a boundar)' change on the we~t:rn most parcel, h~4ng the effect of deleting 2,.4 seres from the Pelican Marsh Community for property located Immediately north of and contlguoui Vanderbill Beach Road (C.R- 901) from Airport-Pulling Road (C. IL 31) to U.S. ~$1 North tn Sees. 25, 27, 34, 35 and ;~6, T48S, R26E, consiallnl: of 2,072 acre~. (Companion to Agenda Item IIC. 2 and 3) Petition PUD-97-1:t, Michael IL Fernandez, AICP, of Planning Development Incorporated representing Anthony J. Hsrtlg requertlng rezone from #A" Rural Agricultural to "PUD" Planned Unit Dev¢|opmen: for a mixed u~ l:ro~ect that establishes two tracts, Traet; "A" (1.$2 and "B" (6.94 ;~cre~) for medical ~nd related u}es on Tract '4A" and medical and related use~ or public facilities and institutional u~s or 42 mixed residential ~hvelllng units on Tract "B" for property fronting on ~outh ~lde of Immokalee Road (C.R. 846) lying approxlmalely 300 feet 13. west of Veterans Park Drive in Sec. 26, T48S, RASE, consisting o1'8.76 acre~, more or Jell. C. OTHER I) An Ordinance amending Collier County Ordinance 95-22 which establishes the Immokalee Enterprise Zone Development Agency. 2) A resolution of the Board of County Commissioners determining that revisions to the Pelican Marsh Development Order do/do not constitute a substantial deviation requiring further Development of Regional Impact review. (Companion to Agenda Item 12B.2 and!2C.3) 3) Petition DBA-97-4, G-core: L Varnadoe of Young, van Assenderp and Varnadoe, P.A., representing WCI Communities, DP., for an amendment to the Pelican Marsh Development Order 95-1, ~ amended by Development Order 95-5, Resolution 95-555, for the purpose of redefining the development strategy and Master Plan for Ihs! portion of Pelican Marsh I.ving east of Aiq)ort-Pulling Road (C.K 31) and the area of Vanderbilt Beach Road/Goodlette-Frank Road intersection for a 4.70 "CF" parcel, which ~ill result in a reduction to the number of dss'oiling units authorized from 5,600 to 5,100 d~clling units while re~lsing the authorized amount of commercial development by decreasing relail and office space and increasing hotel space as ~ ell as providing for a ness. 5Iaster Plan illustrating a 27 hole golf course and increased open space in that parl of the Pelican Marsh Community I.ving east of Airport-Pulling Road and designating a 4.7 acre parcel of land at the southeast corner of Vanderbilt Beach RoadYGoodlette-Frank Road for a community facility type of land u~ and a boundary change on the ~'estern most parcel having the effect of deleting 3.4 acres from the Pelican Marsh Community for properly located immediately north of and contiguous to Vanderbilt Beach Road (C.R. 901) from Airpo~-Pulling Road (C.R. 31) to U.S. 41 North in Sec~. 25, 2'/, 34, 35 and 36, T485, R26£, consisting of a,072 acres. (Companion to Agenda Item 12B.2 and 12C.2) BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) Petition OSP-97-3, William I~ Hoover, AICP, of Hoover Planning Shoppe representing James 5. Lindsay, Bank Director of First National Bank of Naples - Golden Gate Branch, requesting approval or off-site parking and a bank ATbI for prope.-ly described as Lots 31 and 32, Block 84, Golden Gate Unit 3 (less the easterly 40 feet of Lot 31) to ser','e the existing business located on Lots 1-3, Block 84, Golden Gate Unit 3, which business Is located at .1794 Golden Gate Parkway, Sec. 2~, T495, R26E, lying south and ~'est or U.S. 4i. 1) Petition CU-97-17, Beau Keene, P.E., representing Jerry R. Ho~ks and Catherine J. Bo)'ette requesting Conditional Use "23" of the "A" Zoning District for a sporting and recreational camp including airboa! tours for propert.~ described as that part of Sec. 36, TSIS, R27E, lying ~outh and ~est of U.S. 41, consisting of 194+/- acres. 14. 15. 3) Petition V-97-13, Dennis Cronin of Bond, Schoeneck & King, P.A., representing W. Franklin & Carol B. Ellis requesting an after-the-fact variance of 2.39 feet from the required side yard setback of ?.5 feet to S.11 feet for an existing pc. ol screen enclosure located at 710 Boll)briar Lane ia Pelican Bay. 4) Petition V-9'/-10, Mr. Kelly Huff requesting an after-the-fact variance of 10 feet $ inches from the required .10 foot side yard setback to 19 feet 7 inches for property located on the north side of 11'" Avenue S.W., further described as the east 180 feet of Tract 53, Unit 26, Golden Gate Estates Subdi~'ision in Sec. 15, T49S, R26E. 5) Petition V-97.12, Alfred W. French representing Seacrest Country Day School requesting a 6 foot height variance from the required 30 foot maximum height limit in the Estates Zoning District for properly located on the south side of Davis Boulevard and opposite Berkshire Lzkes in Sec. 8, T$0S, R.26E. B. OTHER STAFF'S COMMU,NICATIONS BOARD OF COUNTY COMMISSIONERS' CO?q31UNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action ~vill be taken by one motion ~ithout separate discussion of each item. If discussion is desired by a member of the Board, that item(s) ~'ill be removed from the Consent Agenda and considered separately. CO.MMUNITY DEVELOPMENT & ENVIRONMENTAL SERV'ICES 1) Recommendation to grant final acceptance of the roadway, drainage, water and sc~cr improvements for the final plat of"Stclla 2) Recommendation that the Board of County Commissioners approve a permit fee waiver for a special event benefiting the Boy Scouts of America Troop 2'74. B. PUBLIC WORKS 1) Authorize staff to reject the re;ponse from RFP 97-2724 ("Financial Audit/Solid Waste Collection Sen'ice Contractors") and re-bid using different specifications, 2) Award a Construction Contract to the Master's Group, Inc. for Cocohatchee East & West A,MIL Gates Repair and Rehabilitation, Bid No. 9%2752. 3) Approve a Developer Contribution Agreement between Collier County and Centex Homes, Inc. for road impact fee credits in return for the developer accepting stormwater runoff from the Goodlette-Frank Road Four-Lane Project from Pine Ridge Road to Van61erbilt Beach Road (C. LE. 065). 4) S) ~) Award a Contract for Max Hasse Community Park Basketball Pa~'lllon Bid 97-2730. Ratify and approve a one year extension to Contract 95-2388, Material Testing Serwices. Award Bid No, 9%2743 to Horticultural Industries, Inc. for Da~4s Boulevard Pha~e I Median Irrigation ~nd L$;ndgaplng Improvements (U.S. 41 to Airport-Pulling Road). 17. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Approval of an Agreement between Collier County Government and Insurance and Risk Management Sen'ices, Inc. for Property a,,d Cuualty Insurance Brokerage Sen'ices. E. COUNTY ADMINISTRATOR 1) AI)l)roval of the attached budget amendment recognizing funds received from cable franchise rene~vals. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE I) MISC'ELLANEOI~$ ITEbI$ TQ FILE FOR RECORD W.ITH ACTION AS DIRECTED. H, OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 1) Recommendation that the Board approve the Agreement in the lawsuit entitled Collier Count), vs. CommuniO. Development Corporation of South)s,e~r ~Torida - Hiclcory Bay West, er aL And to authorize the Chairman to execute the Agreeu~ent and ali necessary documentl pertaining thereto. J. AIRPORT AUTHORITY ADJOURN INOUIRIES CONCFRNING CHANGES TO THE BOA..RI~'S AGENDA ~;HQULD BE MADE TO THE COI, JNTY ADMINISTRATOR'S OFFICE .A.T 774-8383. A GENI)A CIIANGES BOA RI? 01: COUNTY COMMI.S'SIONER,¥' MEETIN(; DECEMBER 9, 1997 ADD: ITEM 8(E}(I) - REQUEST FOR BOARD TO ADOPT THE ACCOMPANYING RESOLUTION OPPOSING HO USE BILL 3185, REIM TING TO CER TA IN RA TEMA KING PROVISIONS OF INVESTOR-OWNF. I) WATER AND WASTEIVATER UTILITr SYSTEMS, BEFORE TIIE 1998 RLGULAR SESSION OF THE LEGISL,4 TURE (STAFF'S REQUEST). ADD: ITEM 10 (B) - DISCUSSION FOR ,4 JOINT LEE/COLLIER MEETING WITIt THE ARaI4Y CORPS' OF ENGINEERS ON DECEMBER 17TM TO DISCUSS THE PROPOSED STUD E (COMMISSIONER tfANCOCK). EXECUTIVE SUMMARY · RECOMMENDATION TO RECOGNIZE ED TORRON1, PARKS & RECREATION DEPARTMENT, PUBLIC SERVICES DIVISION, AS 1997 EMPLOYEE OF TltE YEARI OB..IECT]VE: The "Employee of the Year" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County, CONSIDERATIONS: Edward Ton'oN, Assistant to the Athletic Supervisor, Parks & Recreation Department, Public Services Division - Employee of the Year. This year our Employee of the Year is a truly remarkable person. Ed has been with the Collier County Govenunent for twenty-one 2,'ears and is being recognized today for his involvement in County sponsored children and adult recreational sports programs. Ed schedules annual weekend tournaments sponsored by Champion Sports Productions/Naples Sports Festival benefiting the North Naples Little League, the Annual U.S.T.A. Junior Tennis Tournament and the Marco Island Sports Festival. }te organizes and schedules the courts throughout the county for the Collier County Women's Tennis Association and this year he organized the Naples Daily News Junior Golf Tournament, hosting over two hundred participants. Ed oversees various youth sports such as: flag football, cheerieading and basketball, coed and men's softball teams and a seniors games program. Because of his dedication to keeping the citizens of Collier County (young and old alike), fit and active, Ed is being recognized for this special award. FISCAL IMPACT: "Employee of the Year" selectees receive a $250.00 cash award. Funds for this award are available in the deparm~ent budget cost center 001-156341. ~___~QMMENDATION: That Edward Ton'oni be recognized as the "Employee of the Year" for 1997. PREPARED BY: Administrative Secretary DATE: APPROVED BY: Michelle E. Arnold Assistant to the County Administrator AGE~';DA ITEM "~ I EC ' '""" EXECUTIVE SUMMARY STATUS OF BOARD OF COUNTY COM2~flSSIONERS ACTION PURSUANT TO SUNSETTrNG PROVISIONS (SECTION 2.7.3.4) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATIVE TO THE SADDLEBROOK VILLAGE PUD (ORDINANCE NO. 91-55) AND COMPANrION AFFORDABLE HOUSING DENSITY BONUS AGKEENIENT AND TO AFFERM OR REPEAL RESOLUTION 97-55. OBJECTIVE: The objective of tkis petition is to determine if the Affordable Housing Density Bonus Agreement submitted in response to conditions imposed for ex-tending the time frame for irJtiating commencement of construction and authorized land uses by two (2) years is satisfactory. CONSIDERATIONS: On January 21, 1997 the Board of County Commissioners directed the owner entity of Saddlebrook Village PUD to revise their companion Affordable Housing Density Bonus agreement in a manner deemed acceptable by the Board of Commissioners as a condition to approving a two year extension to the date for initial construction actMties pursuant to Section 2.7.3.4 of the LDC. The action of the BCC was somewhat unclear as to the manner by which the AHDBA reconsideration would be facilitated, and whether or not an agreement administratively acceptable would trigger in the condition precedent to the two year extension approval. A revised AH]DBA was eventually submitted by attorney Bruce Anderson about which you will hear a companion report on this agenda (Item 8.(A)(2)) from Greg Mihalic, Director of the Housing and Urban Improvement department wherein he recommends acceptance of said AHDBA. Should you find the agreement satisfactory, the conditions of your approval relative to a Section 2.7.3.4 of the LDC action will have been satisfied and no further action is necessary. In the event an AHDBA agreement as directed by the BCC is deemed unacceptable then the BCC needs to rescind Resolution Number 97-55, and in lieu thereof direct the owner entity to submit a revised PUD w/thin six (6) months or failing to do so the owner entity will be made subject to other possible actions pursuant to the provisions of Section 2.7.3.4 of the LDC. FISCAL IMPACT: None. GROWI'~ MANAGEMENT IMPACT: None. l]EC 9 1,997 STAFF RECOMMENDATION: Should the County Board of Commissioner approve the AHDBA submitted by the petitioner on behalf of the Saddlebrook Village PUD then the BCC is advised to affirm Resolution 9%55 granting a two year extcmsion or in the event the AHDBA is found unacceptable and said petitioner is not prepared to resubmit an AHDBA consistent with the BCC's direction Nat said Resolution 97-55 be repealed. RONALD F. NINO, AICP CHIEF PLANNER DATE REVIEWED BY: ,~, /~7:?',- ~ f--------~ ,/" ' '/'~'"" - ~OBI~RT J. MULHERE, AICP CURRENT PLANNINCt,~ MANAGER DONALD W. AKNOLD, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR VINcEsT A. C^UTEi~O, ~mh'isT~or~ DATE' com~mmTV o~v. ~ ENVmOrO~NT~ SVCS. DATE SADDLEBROOK VILLAGE PUD EX SUMNL4RY/md 2 DEC 0 RESOLUTION 97- A RESOLL~ION BY 774E BOARD OF COUNTY COF/~I$$IONER$ OF COLLIER COUNTY, FLORIDA, REPLACING RESOLUTION 97-55 AFFECTING THE SADDLEBROOK VILLAGE PUD; A~{D PROVIDING AN EFFECTIVE DATE. Wh"EREAS, the Saddlebrook Village PUD, Ordinance 91-55 adopted on June 25, 1991, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved P'JD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and u~der the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Com=nisaioners has reviewed the PUD and deterrnlned to extend the current PUD Zoning for two years, untll October 30, 1998 provided an Affcrdab!e Housing Density Bonus agreement was found acceptable to Collier County; and ~HEREAS, said agreement was not found acceptable. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: 1. Resolution 95-55 adopted on January 21, 1997 regarding the Saddlebrook Village PUD relative to extending the current PUD approval to October 30, 1998 be repealed. This Resolution snail become effective immediately upon ~ts approval. BE IT FURTHER RESOLVED that this Resoiutlon be recorded in the minutes of this Board and in the records of the Petition for which the extenslon is granted. -I- This Resolution adopted after motion, aecond and majority vote. Done this day of , 1997. BOARD OF COL~ COMMISSIONERS COLLIER COL~'/'Y, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk TIMOTh"f L. }{A.NCOCK, Cb. airman Approved as to Form and Legal Sufficiency: Mar]orze M. Student Asslstant County Attorney -2- RESOLUTION 97- ,5,5 A RESOLUTION BY THE BOARD OF COU~TY COM]iISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUJtNT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 91-55 ALSO KNOWN AS SADDLEBROOK VILLAGE PUD, EXTENDING THE CURRENT PUD APPROVAL TO OCTOBER 30, 1998; A~D PROVIDING AR EFFECTIVE DATE. WHEREAS, the Saddlebrook Village PUD, Ordinance 91-55 adopted on June 25, 1991, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together'with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the ~oard of County Commissioners has reviewed the PUD and has determined:to extend the current PUD Zoning for two years, until October 30, 1998; and NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The above recitals are adopted herein by reference as if fully set forth herein. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. Pursuant to said section of the LDC, the current PUD approval ia hereby extended to October 30, 1998; at the end of which tim~ the owner shall submit to the procedures in LDC Section 2.7.3.4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this R&solution be recorded in the minutes of this Board and in the records of the Petit'io~ for which the extension is granted. DEC 0 1997 Commissioner Norris o~:ered the ~oregotng ~ Resolution and moved for its adoption, seconded by Commissioner Constantine , and upon roll call, the vote was: AYES: Commissioner Nocris, Commissioner constantine, Commissioner Mac'Kie Commissioner Berry, and Commisisoner Hancock NAYS: ABSENT AND NOT VOTING: ABSTENTIO~: Done this 21 , 1997. day of January .AP.P~OVED AS TO FOP~g'. AJ~D 'LEGAL SUFFICIENCY: MARJC~ I E...~ :...STUDENT ASSISTANT COUNTY ATTOR~EY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy L ~ancock CHAIRMAN SADDLEBROOK VILLAGE PUD/19072 ,~:Yd~ CUTIVE SUMMARY_' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AUTI-IORIZING A NEW AGREEMENT FOR AFFORDABLE ItOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY. ~ To receive Board of County Commissioners approval of a ne,,,,' Affordable Housing Density Bonus Agreement for the Saddlebrook Village PUD (Ordinance 91-55). ~ On January 21, 1997 the Board of County Commissioners considered a request to extend Saddlebrook Village PUD, a 438 unit multi-family rental aflbrdable housing development, originally approved by Ordinance 91-55 on June 25, 1991. The Saddlebrook Village PUD has not started construction and was subject to the sunsetting provisions of the Land Development Code. The original Saddlebrook Village PUD authorizes 438 dwelling units at a density of 13 dwelling units per acre, six ofwhich relate to the affordable housing density bonus program and a base density of seven units an acre. In 1991 the developer ,.,.'as proposing that 132 of the 438 units will be made available for affordable housing, at 80% of median income which is 30% of the total development. The remaining units '.','ill have unrestricted market rents. At the January 21, 1997 Board of Counly Commissioners meeting the Board granted a 60 day time frame for an updated Affordable Housing Density Bonus Agreement. One of the requirements for the PUD extension to October 30, 1998 was an updated Affordable Housing Density Bonus Agreement. The enclosed Affordable Housing Density Bonus Agreement is being submitted by Colonial Equities, Inc., a contract purchaser of Saddlebrook Village PUD. Requests for a Consent by the Owner form to allow this Affordable Housing Density Bonus Agreement to be recorded against the land have been denied. Colonial Equities, Inc. is proposing to provide 202 of the 438 units, or 46% of the units. as affordable housing. The developer will provide at least 20% of all the units as very low income, less than 50% of median income, units. The developer wishes to phase the project 'with Phase I consisting of 140 units, 80% low income at 60% of area median income and 20% at very low income at 50% of area median income. Phase II will consist of 298 units with 62 affordable units, 60 units at 50% of area median income, and 2 unit~s at 60% of area median income. The remaining 236 units will be at unrestricted market rents. If Colonial Equities, Inc. fails 1o close on either or both portions of the property. the Affordable Housing Density Bonus Agreement shall be deemed void and of no force or effect as to such portions not owned by Colonial Equities, Inc. NC,. ~ Executive Summary Saddlebrook Village PUD Page Two In 1994 the Collier County Housing Finance Authority approved a $4.9 million tax exempt revenue bond for Saddlebrook Village PUD which will expire if not utilized in 1997. None ~I,~~~I_I_~: Providing affordable housing density bonuses will provide assistance to a developer of housing for very low and low income families in compliance with Policy 1.5.3 of the Housing Element of the Growth Management Plan. ]~[,C~~.I),ATION: Staffrecommends that the Board of County Commissioners approve the Affordable Housing Density Bonus Agreement for Saddlebrook Village PUD (if the new agreement supersedes the agreement of June 25, 1991) and if the owner consents without conditions. GM/id ! 1/25/97 APPR9~D BY: Vincent A. Cautero, AICP, Administrator Community Der. and Environmental Svcs. jd,'c/greg/saddlebrook/ex ec Date: DEC '," R.ESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COM.%IlSSIONERS, COLLIER COUNTY, FLOR]DA AUTHOR]ZING A NEW AGKEE.\IENT FOR AFFORDABLE FIOL'SING DENSITY BO.NL'S AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY. WHERJEAS, Collier County has recogmzed ~d attempted to address the lack of adequate and affordable housing for Iow ~d very iow income households in Collier County and the need for creative and innovative programs to assist the provision of such housing by including several provisions in the Colher CounL'. Gro'.,,th Management Plan. mcludm~ Objective 1.4. Polic.v 1 4 I. Oblecn.`e I .~. Poi:c> 1.5 2. Pohc~ I 53. Pohc.` I .:, 4. Pohc.~ I .*; .~. Pohc.x l.S 6: Oh.~¢ct~.`e ! ~,.Po!;c.'. 1 i,.~ ObjecI~xe 2 1. Pohc) 2 1 . Pohc', 2 1 2. Poi:c; 2 I 3. Pohcy 2 I ~. and Pohc> 2 1 o Ol'th~ ;qotts;n.e Element. and \VttEREAS. Colher Coum? Ordinance No 90.$9. the Collier Count.`. Affordable Hous,ng Density Bonus Ordinance provides for bonuses in d~:nsn> for o~¥nership and rental affordable I,.ousm~. and \\HEREAS. thc SaJJ',cbrook \'diane PLTD Ordma:'.c~: 91-5~ adopted on June 25, 1991 Is sub)oct :o 'the pro', ~s~or, s of ',he A~.,'eemem .-x. uthor~;::n~ Affordai',ic Housms..! Dens:ti Bonus and hr, posm~ Co,, ¢.nants ar, d Restr:¢t~ons c,n Real Propcm> d',erem adopted, and \~ It ERE.-s,S. thc PUD x'.as adopted consls',em '.',;;); ~nd under '`he pro',ls:ons of the Collier County Gro~ th .M an;~¢mem P~am and VsHEREAS. the Board of County Commissioners has re~.te~ed '`he PUD and has de'`em~med that a nex\ AffordaNe ttousmg Agreement musl be pan of the condmons required '`o cx'`end the currcm PUD zor.:r,.~ ur. ed October 30. 199S. ~,nd ~,OX~. THEREFORE. BE IT RESOI.\'ED B~ TttE BO~P,D OF COL'NT~' ('O\IMIS$10~£R.~ OF ('OI.I.IER ('()t X1'~. FI.ORII) ~ I'H '~'1 Res:ncuons on Real Property dated Decembe~ 9, 1997 b? and bet~een Co]onial Equines. Inc. [~hc Developer] and d~e Collier County Board of Count.`.' Commissioners [the Commission] shall supers.-'de d~e A.cr¢~:mcnt Authorizing Affordable Housing Densny Bonus and Imposing Coxer. ams and Restrict,OhS on Real Property dated June 25. 1091 and ~hc Agreement DEC ',, Pi. '-~ Authorizing Affordable Housing Density Bonus ~nd Imposing covenants and Restrucdons on Real Property dated June 25, 1991 is hereby terminated. This Resolution adopted after mot{on, second and majomy '.'otc favonng same. ~ DATED .. ATTEST D~ ighl E. Brock. Clerk BO.-MRD OF COU.~TY COMMISSIONERS COLLIER COL.~'i'Y, FLOR.IDA BY: Timothy L. Hancock, Chairman Approved as lo form and legal su£fiocncy: He~dl F. Ashton Assislant Count)' Attorney DEC ,', ' !997 P~. ¢ AGREEMENT AL-I'HORIZING AFFORDABLF,, HOUSING DENSITY BO.N'L'S AND DIPOSING COVENANTS AND JLE..~TRICTIONS ON RE.-XL PROPER'IY THIS AGREEMENT .s me,de as of the ... da)' of . 199'7. by :.,nd i~tween Colonial 'Equities, Inc. (the "Developer') and the Collier Count.',' Bo;u'd of Count)' Conm'fissioners (the "Commission'). RECITALS: A The Developer is the contract purchaser of a tract of real property described as (complete :~::Jl de~cr~pu~m~ the '~Vc~t I 2 of the Southeast 1,'4 of Section 34. Tm.~nship 49 South. Range 26 East. C,,lher Count). Florida 1)inn South if I-"/5; less and except the following the South 50 feet for Radio l,toad right of way and the East ?26.00 feet of the West 1.'2 of the Southeast 1/4 of said Section 34 (The · Property"). The legal and equitable owners include ]ames R. Colosi.mo, Trustee. It is t.he Developer's menI tn construct ;~ maximum of four hundred thirty-eight (4381 residential units (the "Units") at a :.m,,t.~ ,,I mu-t,.cn ,I 3, un,:, per ,._,ro,~ a~rc on :he Proper:? Thc gross :~creage of Property is -_33 79 ,:.im.m.:¢ "4,' 9t).l.:') xkhJ. h den..tt,', bonus can onl? bc _El.Hired h.'. the Co.'-;i:'IQis.',:oll ill accordance ,,vlth C Jib.' (.',qilltll,$1Orl I.~ 'p. lJhllg [o gr;iat U dens~t.~ bo:;us to the De~.eloper authorizin~ the .,,::~lruetlun or exit) hundred t~go (202) bonus Unils on thc Proper;). If the Dexeloper agrees to cor~struct ..:;,~rdable Units as specified m this Agreement and the Dexeleper coxenants and agrees to use ::,,triable umt~ m~,l) as rent,ti propers) NO\X. THEREFORE. in consideration c,f the approxa! and granttag of the de?.sity bonu~ oi" slx · -. um:~ per ,~,t;' :c4::~'-:¢J hx thc l)cxcloper and iht benefits cam'erred thereb) on the Propen.x. and for hereby acknowled~:ed. .,,.r ?,,d and x;du. Jhi¢ ,.'onslderation. the receipt and ~u,'flc encx of ~hich are .,c Dc'.clopcr a,, thc Cummlssion J,clcb)' covcn:.'nt and agree as I'ullows: Re,.,t;~l~ Tile above recitals are true and correct and arc jncor'poraled hc~ein by reference. De,ch,per ..-X,.:reements The Developer hereb) agrees that ~t shall construct two hundred DEC :' :' !997 P~. J :> snc(;r'poraled by reference herein and constitutes :l part o[' this ^l~rfement. Units :,! thc ?ropcny ~,'hich .,:e not an affordable Unit I"Market-R~,tc Un.its") shall b¢ c×cmpt from thc provisions of this Asrccmcnt .::J rna.', be Ica,,¢d or rented b.', the De``'elopcr on terms and condi:ions acceplable [o Ibc De~eloper in its . :c d~,,crct~un \U~tl'Hn tort} .f~'.e (451 days from thc da:e thai nonce :s rec¢l'.,.d from the Comm:sslon. :!;~ De,.'elopcr shall pro',',de on-site management to assur-., opropriate security, maintenance and .,pp¢'~r;mcc of the de``elopment and O~e d~'elling Unhs. .', Thc following provisions shall be applicable lo the affordable L'ni~s: I I~ D¢l'initions An}' ',nd ~dl defimtlons pro'.ided b.`` Ordinahcc .'tended. arc llfrch', m,.c, rpola[;d b.', rel'crfnce · :J Jl,tln¢[ et:tg¢~, .l~ ~ho~n ,m .: PL'[) re,islet pl,~n. ~uhJl~l~:on n~.~;~'r F].~.q or sit--' de,,¢lopfi'~cnl plan. · 'b, in d~,,¢lolDmen1~. '.,,.here phased constru,.::ior, i~, not de.pi Jif3 t,R ,~ PUD master pl.',n, subdn :::.,>tcr plan ,,r ,,tic dc,.¢lopmcnt plan. thc construction of I:ulld,n~.,; or structures in a cle.;.rly dc:'lned series ' ,:.~r:, ,raj t:n~:,hc, that ..,re ~,ep~r;nc and distin.:t v, ,thin thc dc,,c',apment ~2} Base Rc~t The mon:hly N-'se rent for the affordable Units shall bc in .... ,rd.rote ',tilh lh¢ relll~, sp,.:clt~ed in the 3tl~Ch-',d App~r, dlx A. Exhibi~ A. The momhI> rent rna)' be · :,rca>cd ¢~gh >ear lrom thc data al ibis Agreement as h:ag as, thc r,.nt does not exgecd one-twelfth i2, ~,t 30 pct.:em oI an ,mw, urn ',t hlch represents 50 percem Ilar ',er} Io~.,. income~, i, nd 60 pcrccnt ti'or · .,, m,..;:'....', ,,I tt~c ti, ch .tpp!l,ahic m-.d:an i~.dju,,:cd loft>',, .m. nua. re,tome Iol the hou~c,~old ;ts puhhshed · :m..,.H!.x h,. Ibc ( ", ])cp.:e'::'.,cnt nl }-h;u>mg .md t.'~k..m I)c,.ch,pmcn~ tar Ibc ;ired dc1'ined it> ih,g N.tplc:, M¢=r,.~?,,!m~n 3;.m,:,,.dl .Arc., ~.MS,-X~ The lcrcgomg nut',~ ~thsland:ng. arE, rent chugged for aa atlordable :.,us~t:g umt Tented to a Io~ income or ``'er>' lo``( re,tome toraH? si:all not excee~.l 90 p.:rccnt of Ibc rent .'~.~rged for a compar-,ble market rate du.'oiling m (he same or s:milar development. ,3, \Icd~an Income For the pu.'Tos-~t at th::, -X_ereemrnt. [l',e re-'dian income .-:J pubh',hcd I;: :he [-cdc;.,l Regis:c;..is adju~icd :or ;.,md.`` :;z~- .,, ih,.',~ n on thc :able,. ,taa.:hcd hcrclO .... .~ppend~x .&. Exhibit C. ,,'~l'iich Exhibit shall be adJUSted from nme Ia nme in accordance with any .:Jmstmems that are authorized hv HUD or an,', successor agency. In the event that HUD ceases to / ;'ubli~h an cstabhshcd median income as aforc~id, thc panics hereto shah mutually agree to anot,hcr · reasonable ~nd comparable method of computing ~djustmcnts in median income. tat Eligibility. and Qualif'tcation of Ten. ant. Family income eligibility is a d'tree- .,.~p process 1, submmal ol an apphcation by a prospecuve tenant: 2) veriflcauon of f:mily income: and ': execution of an racom.-- certification form All d'~ee steps shall be accemphshed prior Io a ter~nt being ..:ah:~ed as an ehg~ble 'amdx lo rent and occup)' an affordable housin.e ullit pursuant to the affordable :."-'stag denslt.', bonus program No person shall occupy an affordable hous:ng unit pro,.'tded undo; the ,T:,',rda,",le h,.,u~mg density bonus program prior to being quahfied at the appropriate level of income (Iow · r ~cr.x lox,, mc,m~c, Ill accordance with this Sec[lOll. The De,.eloper shall be responsible for qualifying tenants by accepun~ .,pplicanons l'rom tenams, verff>mg income and obtaining income certification for all affordable units · he subje,! de',elopmem All ap?l~cations, forms and other documentation required b>' this Agreement .!;.ali bc prox ~ded to the Housing and Urban Improvemem Director. Qualification by the Developer of r;. icn:,nt .,, an elLC~t',Ic tena[;[ T'amil.x shall be subject to rexie',~ and a??,",",al In accordance v, lth the ', .m~o:m...' .:~.d c~;,'r.¢:::cn: Fr,...~ram created and '~ ' ' a"-~p,c~ b.~ Resei~{;oll of t~,c Comr.'.lSSlOll Apphcauon A po~enI~al tee. ant shall appl.', to the Cc,,eloper. o~ner. Onag=r. c.r a.cem to quMif:, as a Iov, or ~.er> Iow income fan:fi> for the purpose of renting and · .~up.'. ,::g .m a;Tc, rdable housing rental umt pursuant to the affordable housml~ density bonus proLcram · .;c Prclu'mn,,r.', -\pF.h,.atv,'r~ 'ol .',,th)rdable Housing k'n:t shal', be pro,, ~,'.ea t": the tt,,uslng and Urban ,,, ].'.. ,me \ ..-t,:,.a:;,':: .~:;J C'-.;:-:.~..d.. ;, ',.,, .~t',;,td. hi.-' !;,;u.I;',g · : :h~ Jet el,,?ment sh.dl bc rcl~l~d to a tenant v. ho>c household mcon',e ha.,. no', been ',.etd'ced and .~: .,.,,,rd.m,c x,. ~th th~s ?,.grcement and Ordinance No. 90-89. a~ amended, as a Iow or ,,'er>' Iow income Ten.mt mc,,me xern'ication and cernficauon shall be repeated ar.;~ually to assure cominued :.::::Il', · ,. ~ '..;come \'erd.:aimn The De~e',oper shall obtain xx rltten verdlcallon ': :':: thc p,.',tem~.,I ,,,.up.mt ~m~lud,ng the elqllr¢ household) b.? ,.cr~t.x all regular sources o! income :n. ludmg the crmre househe.d) The most recellt >>>ear's ledcral ~ncome tax rerurn for the potential ,;.:ap..,nts, hq.:ludmg thc entire household) may be used for the purpose of mcon',e ','trifle at,on, if attached -3- DEC :' ;997 '~:,'~la~o~. Ic~.m~ ~crd~,,~h~ o; ~h¢ r~. ~d ~ signature bL~k ~nh ~h~ d~tc ol ~ppil~mon Thc . ~rd~ca~on ~h~ll hc ~.dM lor up m mn¢~) (~) d~)s prior ~o o~up~n~} Upon ¢xpmmon ol ~hc 9U da) ~rzod. ;he mformahon ma) be verbally upda~cd from the original sources for an addmonal 30 da)'s, p:o~¢d it has been documemed b)' ~ ~rson prcpaNn~ ~¢ original verification. After ~is tim~, ~ n¢~' ~crifica~on form must b¢ completed. The Affordable Hou~in~ Applicant Income Verification fo~ shall 'c provided by ~hc Housing and Urban Improvement D~r¢c~or as shown m Appendix B. E~hibi~ B, ~d~ Incom~ Certification. Upon receipt of thc Drclm'.mary Apphcation :. ,r A)']ordablc Housing L'nn and Affordable Housing Apphcant ]ncom~ Verification fo~, the Developer ..hall r~quire ~ha~ an income certification fo~ shall ~ ex~cut~d by the potential tenant (including the .,mrc h,,u~choM) p~or h~ roma] nnd occupancy of thc aft'erdabl~ housing unit by thc tenant. ]ncome .:n ,h,d', hc Fr.,~Jc,: ~', ":v !l,.~,::;~ .raj ~ r?.,:: l::',Fr.".cmcn: Defy,: : .,, ,h,,~,: ~n Apzcnd~x b household and ali other occupams. (ii) a description or' the unit to be rented: (dil the [e~ of the lease. (~v) thc rental amount; tv) ~he use of ~he premises: ~vi) monitoring and enforcemem pro~ i~,ons, including d~squalitication o~' tenant, and ixn~ the r~gh~s and obhg,mens of Ihe pames Random Hlspechon ol (:Irs contalnlng, required .Jocumenta[IOn to .;.r~I~ t~ccupanc> ~n ,~ccordance ~nh ~his Agreement and Ordinance No. 90-89. as ~mended. may be ..induCted b? ~h= Housing and Urb,n hnprovemem Director ~5> Disqualification of Tenant. In the event that tenant qualification is not -..~,cqucnfl> ~,,n~r~cd h~ fl~c Housing and Urban Imprt,~ement D~rector or his designee, then such .-' .::'.: ,::., '. ~c :c~;,.:,',: ~ · .,- ,:~' i':c .¢.t.,rdi~h;c =:::' l: :vs.c'.: ,.~,.,[~ ':: ': erst' .~rh,rd.~bh: unn Is thc ICsuJl .4 AGE,~A 17[M, DEC ':, '',997 Pl. ,.,f an error, omission or mJsreprc~ntation made by Developer, tcn. an~ shall vacate the affordabic urut ,,, hhin thin>' (30) days and Developer shall pay pcnahics as provided by the monitoring and enforcement I, gr.~m of the affordable unit is the result of a misrcprcsemation made by the tenant. lennm ,.r.~nt ~h,dl ~a,:,tc tl:¢ a;t,,rdable unit v.~thin 15 da>s and shall pa> penalne~ as pro~ldcd b> thc :.:,.mtormg,mdenlor,;cmcntprogr3m Su~hc~cnruaht? shall beexprcssl) detadedlntheleaseagrccmem ~ct,.~.een DexcloDer an,.1 tenant (6) ~,nnual Progress and Momtoring Report. Thc Dcveloper shall provide Thc ih',usm~ .and Urban lmpr,y, emem D~rector an annual progress and monitoring report regarding. ~hc .:.~l~',cr} ,.ii' aftord;~hlc h,.,u,m:.' rental umts throughout the period of [heir constmc, uon. remal and ,.upanc? Thc .mnu,d progress :lad monitoring report shall, at a mm~mum, pro,,'idc an.', information · c ,,,-,nabl.~ required ~o insure ,.emFh'mcc v, ~th Ordm:m:c N,' 90-$9 or sulpscquem amendments thereto :be re?orr ~hzll he ~dcd ,,n c: b-~!erc S:~tcm~cr 30 of c.~h .',c.,r ,~nd :he rc?,.,rt shah b,.' submmcd b.~ thc i).::¢loper t,.'. the H,..,u.~ln.c ;md Urban Impro,,cmem D~rc,:tor Fadure ~o complete and submit the · :,,nm',rmg .,'~p~,n lc, mc I-l,~u:,m.c .md Urban h'npro'.cmen: Director ,.v~th;n sixty (§0~ days from thc duc .;.~:c ,.h.dl re;u!: m., p¢,;.d:} ,': up to l'ff[.', d,?;~rs ~S}0 00, pc~ d',.', unless a v. rltlcn exten.iion not to :,,;;:cd thor;.'. ,30~ d.L'.s ~ rc'.4'ucsled pr,or ~o cxpirauon of thc six:) (60) da) submissmn deadline. No ,re m.m ,,nc su:h ¢,dcn,;lun ma.,. be grained in a sm.de .',car The ?to.cress and moa,orang re?on shall ...n ,~ h,ru: ?r,.'. ~JcJ h', ~h,' It,,u~mg :raj L'rbun lmpro'.cm~'n: ;; the I':,,pcrt.', ,*;.,:: hr.. ,...u?x'J hx thc D~:~d,,?cr .m:, ?¢t,,,n rz,al¢..; :,~ ,~1 ,,;filleted v. ith thc 3 l)¢ns,l> Bonu~ Thc Commission hercb.', acknov, lcdges tha~ thc Dev,.!opcr has mcr al! ::qulred ¢ondmons to qualif> for a densiB.' bonus, in addmon to the base residential de"lsity of seven (7) .:::~s per acre. and ~s Iherefore granted a density bonus of six (6~ dcnsit) beaus units per acre. for a total '.d = detain} b,,nu., umt~. per acre X groqs acrcag¢l ut _0. den~t.', bur;u:, urals, pursuant to Colhcr · J..~,~ II,.u,m..: D:-n,,tx Banu.~ Ord:n.,n.~' N,' ~¢,~.,,u Ih: C,,:::::::,,1..n !urthcr a,.'rc.~, .:,qu, .A,T:,',' -i . - - '... J)c'.cl,,per :11.;} .. :;1,tru,: !~:¢:ccl;. in thc aggr¢.c.~tc' .~ r~:dMmu:~l :,;."',':b~..r ut 43~. ~:R:',~ ,,n :he P:,.,pert.~ '; 't~dcd Ibc D¢~¢loper ~ ;~blc 1o secure building pcrmms~ from Culhc~ Cuun:> .4 Corniness,on Agreement. During thc term of this Agreement. thc Con'umission acting '::ou~ thc t.{,?u:m~: :,nd Urban Impr¢,vcmem Dcpamment or ~ts successor(s} covenants and agrees to "¢2.1}c ,~nd make .,~ ~fllJblc hI Ibc D¢~clopcr an) general mrorm,~hon that it po~scs;cs rc~;,rdm~ ,ncomc .m:~ta[ton~ ~nd rcs[r~cuens ~h~ch arc ~pphc~bJc [o ~¢ Ifford~blc 5 k'~ol~tlon~ ~nd Enforcement a V~ol~ons h sh~ll ~ ~ viol~uon of ~h~s A~r~cmcm and ~e Collier Counb' &t:ot~b~c Hou~m~ Dcns~b Bonus Ordinance [o toni. sell or ~cup). ot allcmp[ lo r~m, s¢ll or ~cup)'. ,l'lordabl¢ hou~m~ rcm~l umt provided under ~ affordabl~ housln~ d~ns~)' bonus pro[r~m · "c;fl~c;dl) pcrmn[cd h) ~hc ~c~s of Ibis A~r¢cmcm. or ~o kno~m~l) ~v¢ false or misl~adin~ .:~:ornl;~lk,n ~ ~lh rc,~ccl Io an) mfo~uon r~quircd or requested b} Ibc Hous~n~ and Urban lmpro~m~m l)ircc~or or b) an) o~hcr persons pursuam [o ~h¢ au~hom)' ~h~ch ~s dcl~gal~d to uhcm b)' thc Ordnance. Colhcr Coumy or its d¢sisn¢¢ shall h~ ~]1 po~er ~o enforce ~e t~s of this ~rccmcn[ Thc mc[hodofcqforccmcn[for~br~achorvlol~[~onof[hzsA~r¢~mcnlsh;llb¢allh~oplion thc C,,mm~,,:.,n h~ ~rm:m,~l enlorccmcnl pursuant lo [he pru~s~ons of S~cno~ ]25.69. Florida i]:l~orccmcnl B,,~rd. th~n ~ Xou~c of X'~oi~[lon shzll bc ~ssucd nnJ sent by Iht Hcusin~ and Urbzn :::?~,,~cmcnI D:rc, h,r b~ ccr~i'~cd rc~urn-r¢ccip[ rcqucslcd U S S~:'.. orhznd-dch'.¢D toth¢ p~rsonor ::~cl,,~cr m ~ ~,,l.,:~,,n ,q :he OrdmJ~cc Thc Notice of V~olat~on ~h4II ~ ~n ~rmn~. ~hall be signed and ',;~;-cmcm ,,r ,q t)rd:n;m~c No 90-89 or subsequent amcndmems ~hcrcto ~iolatcd. name of Ibc Housin~ Urban Dc~r~opmcm D~rcc~or. ;nd date and dine when thc v~cla~or sh~ll app¢zr before Ihe Code ; ::h~rccmcn: Board Ccrht~,:~t~ ol Occur]nc). In lhe ¢~nl fha: ~he Dc~eloper fails lo maimam ..::erd.:hlc um:~ m .~,'rd.m~c ~lh ~his A~r~¢tncm or wilh Ordinance ~'o 90-89. as amended. -6- BF_.C ',, ':997 Tmon m" the Commission, building permits or certificates of occupancy, as applicable ma)' be withheld ~..r an> ~ture plarmed or Olher~ ise approved unit located or to be Iocaled upon the ProperLy until thc Onur¢ project is m full compliance with this Agreement and ~,ith Ordinance No. 90-89. as amended 6 As.,igrm~ent by Commission. The Com.,mission ma)' assign all or part of its obligauons ;;.",der this Agreement to an.',' other public agency h2vmg jurisdiction over the Proper~y provided that it ~:~ves the Developer thirty (30) days advance written notice ~ereof. The Developer may not assign. .'.elegate or olher~'ise transfer all or pan of i~ duties, obligations, or promises under ;his Agreement to ~::~ successor in interest to the ProperD' without the express written consent of the Corrtmission, which . .;1,ent ma) bt' :,,~thhcld tot an) reason ~hau, oever An.~ a:lemp[ Io assign the duties, obligations, or .-:'.,m~scs under ihn, A.~:reernent t,., an.', successor m Interest to tile Propert) ~ithout the express .,,:;scm of thc Corem;ss)on as required by this Section shall be void ab I~tlo. '7 Se,erabdu) If an.,,' section, pha'asc, sentence or portion of this Agreement is for an.',' 'c.:,,',n held msJhd ,,r unc,~n,.ImJ:,',nal by tm.,, cour~ of competent jurlsd~cuon, such portion shall he .,,hall rem.un etlecuse and Housing x. Urb:~n lmpro'.em.-nt Dept 2800 N Horseshoe Drv.'e Naples. FL 34104 T,, :he Dc~cleper Richard Sha~', President Colonial Equines. Inc. 16200 Dallas Park,a'ay. Sune 190 Dallas. TX 73248 p,~rL', n'~a~ change the address ~o ~h~ch nouces are to be sen: b.', nouf.,.mg the other pan.', cf such addrc>~. In Ibc FI1.1nIler >¢! forJh above -\udl.,~lI'. h, M,'~u'.,u ]'lie parl,c~, k, crelo ,.~,kn..,'~Icd.g¢ th, a: fi",e gtrector nf Collier Coum) .u,Ill..., .:lid ['lh.~r~ hllpl',,:umcRI ot his dc",;gncc :,hall ha',c the au;horh') lo motqllor .tAd enlorcc eloper's ohi~gat,on5 hereunder 10. lndemmi'.~. 7he Developcr hereby agrees to protect, defend, indemnify and hold Collier and ~:, ,q'r'~ccr~. emph,.~ee~. :*nd agents harmless from and against any and al! :laims. penalties. NO. ~ DEC ' .... .oo' .:.:ma~es. Josses and expenses profession.al fees. including, without l~itation, reasonable auorne)"s fees ~,nd all costs of Iiti~:at,on and judgments arising out of an:, claim, wiH~l misconduct negligent ~ct. ~rror ..r omission, or li~bihty of ;n)' kind made by De,eloper. ,s a~ents or employees. ~tismg out of or ii Coxcnants The Developer ~grees that ali of ~s ob~gauons h~reunder shall consumte ..,~cnams. rcs[rlclJOn~, and condilions ~'hich shall ~n ~lJh Jhc I~nd and sh~ll bc bmdln~ upon ~hc .:qtfl lh~ A?¢¢mcm ~ lc~lnat~d in accordance with S¢cnon J4 beJow. Nowcvcr. thc panics a~rcc :t Dev~lop~r jr~nsi'¢rs or conv¢)'s IbC ~rop¢~)' to ano[hRr p~rson or ~ntJJ)', Dcv~lopcr shzli havc no · ..-'~her ohh~auon h~r~under and an) person seeking Jo enforcc Ibc l¢~s hcr~of sh.fll look solcl)' ;.,.rd. ~,1 C,qh¢r Ct~g[~J) . [:J,'rJd;~ concurrcnt ~l~h Dcsclcpcr'~ ~!~,.~r,~ on mc pur~ha~ ol Jh~ TcFmm,llJ~,n [~,~;h nfl~,rdabic hous~n~ Unll sh,dl bc r~str~ctCd to remain ;~nd be maintained .$. .['. alJabIc an.', fcic', ;~nt mformaHon to an)' person who is mtcrcstcd in rcntm~ or purehasm~ such affordable hc,usln~ c The De;eloper agrees to b¢ responsible for payment of any real estate commissions .~.-'.d fees assessed in thc rental or purchase of affordable uruts. d The affordable housing units in thc development shall be idemificd on all budding - .::-, ~ubm~u~d to the Count> and described in the Developer Ar'?l~¢al~on for Alfordable Housing Density c l he .~:t,'rd.~hie housing ur, ils ~hall b,: mtcrm~xed x~ tth..~nd nt~l se...'re.cated from. Ihe ,..~:ket rate d~cllmg un~t~ m the dc'.'elopmem t' Thc squ,~re footage, constroction and dcs~iln of thc affordable housing units shall I-,¢ th¢ same as market rate dwelling units in thc development. All physical amenities in thc :~mts. as dc :ribc'J in item number seven ('7) of thc Developer Application for Affordabl~ Housing Dcnsib' !~ .;:us ~,h:s!l be thc same I',)r market rate units and affordable umts For desclopments where construction 'tLr, ?!.~:e m m,'~rc than ,_,n.-' phase, all ph.',sical amenm:s as described m ~tcm number seven (7) of the ..::.:~. J:ld th,: .dl,Jrd.,bi¢ ..:nit: m edch ph~c Umt~ m -', ~ubsequ.:;;t phase mt*? comam dlfl'ert'nl amemties ,g um:~ m ,~ Frexteu~ ph.a~e SO long as thc amemtics for market re, to um:s and affordable units arc thc · . ..... ~thln each pha~e ,~nd Fr,,',tded the! m no cxent ma) a market rate un~t or allot'debit -,nit in an.',' .,'~n~- ,i oOC; ,,: thc .,r~.'., .mcdt;m income and 20'5 d[ ,.tr.', lox,. icom:: at 50q ct' median raceme -,.~thcrn p,,rtl,,n ,': :he d¢,.e!upment) Phase Il v, dl con,,is; el 298 umts ~xtth 62 aflordablc umt~ (60 ..:;It~ dt .,.,~jr~ t~t ii'ir ',lc,, nlcdl,:m w~COnl¢) and t',,.o (2~ unH~ at 00% ot' area n',cdIan income This \~t'~CI,"~.CllL 'v, Ill become eff,.'ctwe as :o Phase I concurrent '.,.ith Developer's closing on the purchase of "x' southern pomon of the Property. and will further become effccuv¢ as to Phase II concurrent with :,~:~elo?¢r's ~uh:cquent cl,,smg on thc m,rthern port,on of thc Properb If Dexelope~ fails :o ctosc on .g. ¢~thcr ur bolh romons of the Property, this Agrcemcn~ shall bc deemed void ~nd of no force or ~ ~o such po~ionsl~) no[ owned by ~c Dcvclo~r. 18 Di~losurc. Thc dcvclo~r s~ll not di~losc to ~rsons. other ~h~n ~c po~cnd~l ~c~nr. buyer or Ic~cr of mc pamcular ~fford~blc housin~ uni~ or unhs. which unhs in ~c dcvclopmcn~ arc designated as ~fg'ordahlc housing u~. ~9 Consistent). Th~s A~rccmcm a~ authorized dcvclopmcm shall ~ co~istcm wi~h thc Growth Mana~cmcn~ Plan and land dcvclopmcnl result(ions or Collier Counb [hal arc in effect time of dcvclopmcm Subsequently adoi,~d laws and policies shah apply to this A~rccmcm and to ~hc dcvclopmcm lo thc cx~cn~ [hat they arc no~ in co,icl with ~c number, rypc of affordable housing u~ts and thc amount o[ affordable housin~ dc~y ~nus approved for ~c dcvclopmcm. 20 AfFordable Housin¢ Dc~i~y Bonus Dcvclopmcn~ Agrccmcm This A~rccmcn[ is nnd separate a~rccmcm from development a~rccmcnts as defined by Chapter 163,3220, Fla. Sta~. (1989) :md as amended 2l Pr~;~pplic:mon l)¢vclo~r has cxcculcd ~nd submin~d m ~h¢ Development Services l~rcclor Ibc D;-~cl,,~r Apphc,nun for Affordable ~ausm~ D~ns~:} Bonu,. ~ ~-p} of ~hich is an~ch~d ~,, ~hl~ A?ccmcnl as Ap~ndl~ C and mco~ora~¢d b} reference hercl~ 22 Go~cmin~ ~ This A~rccmcm shall be ~ovcrncd b} and cons~cd in accordance wi~h :he laws of Iht S~alc of Florida. 23. Further Assurances. The panics hcrc~o sh~ll cxcculc a~ deliver, in rccordablc form ncccssar}, an) ~ all documents, certificates, ins~mcms. ~nd a~rccmcn~s ~hich ma) ~ rc~so~bly rcHu~red I~l order r,, rltcc~uu~c ~hc ~mcn~ of [his A~r~cmcn~ Such documcm~ shall i~[ud¢ but no~ i'll~llCd h) ~ d~'umc~l rcquc~cd b) ~hc Pc~ch,~r (u c~hlh~l (hat Ihl. A~rccmcn: ha~ ...;oral:mcr ~,llh Iht pro~*,,n, ~f p.lraer.,ph 14 IN WITNE55 WHEREOF, Ibc pam¢~ hcr¢[o have caused Ih~ A~r¢cmcn[ iob¢ executed ;h~ d3)' and year ~irs~ above A~EST' BOARD OF COL~TY COMMISSION~ DWIGHT E. BROCK. Clerk COLLAR COL~TY. ~ORIDA Approved as to form and legal surf]citric}: H,'~"-~i t~ AshI~n ..\ssislanl Count? Attorne.~ TIMOTHY t HANCOCK. Chairman -10- AGENDA ITEM DEC 09 1,997 sVlTNESSES DEVELOPER: COLO,NIAL EQUITIES, RI~HARD Si21'~:w. President STATE OF 7~S ) COL.~TY OF Ont. t.~ ) The forqom$ A~reemcnl Authorizing Affordable Housing D~nsi[y Bonus And Imposing c,,~enan:s qnO Rcsma~ons On Real Pro. n) ~as a.:~,e~',cgge~ before me b} Richard Sha~'. Prcsidcn~ · Ct,lom~l Equn~o. In. on hchall of :he co~oranon He ~. personall5 ~o~' to mc or has produced [ScJII laQ' Public NotaQ' Name Typed, Printed or Stamped Si) Corniness;on Expires -11- NU~,:BER OF UNITS BASE RENT Single Multi Single Mul%i Family Fanily Family Family T~?AL 703 Lt:.: i~;CCME 7273.2 Base res:den=La! denmL=y ailc~'ed in :his de','e'.o~:..,e.,~'- -- uni=$/acre. '.r&ss acreage -~3.79 ; ...... ::e ~c'dsln~ der. s::3' ~nus ':hiSS,, ~ '2~:55 arre. :5, Percen:age cf a..o, dab.e units pledged by :.~e d=veloper 'as a percen: of %he to=a! number uni%$ in %he develcpme::t) ~6 % ' * .Ken:s are r. et cf utility allo~.'ances. Page i of 4 Ap~e.-.~-ix A, Exn=b'-" B A~FORDAB'..~ HOUSING DENSITY BONUS RATING SYSTEM ~ Sectlcn 7, Ordinance ~;o. 90-89, prc','ides for calculation of a ensltV bonus for de'.'elcpers pledg!ng tc construct affordable un=ts '~=t.%=n their development. Included in this Exhibit B are # instruct:cms .ct ar.d the tables with which to calculate the dens=t'.' bonus for a particular project. Exhibit C contains the curren% median income and acceptable rents for low and very low ~ .. ~ '~ in Collier County =~ccr, e ,.o.se.,o~.s · The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus ~hich may be granted for a development based on household inccme level, number cf bedrooms per affordable housing unit, type of affordable housing units (o~ner-occupied or rental, single-family or multi-family) and percentage of affordable kcusin~ units in %he development. To use the affordable ~ousing !ensLty bonus rating system, Tables A and B, below, shall be used. Ta~ies A and ~ ~ '' . . s,,a., be reviewed and uoda=ed if necessary on an annua' tas:s =y the Board of Count':' Tcmmissioners or its designee. Firs-_, :r, ccse -.he hc'-'slhcld l.-,::.-e level ,'moderate , o~.~, or '.'er/ 1='.' :f :.~.e a*f:rdatle hc'=$l.-.g uni:'s~ ?,rc~se~ :n r. he ~e'.'e-:Frer,:, a.-.-~ '.=.e ::.'Fe cf aff=rdazle nc'-s:,-,g :'~.ner-cc::.=:e~_ :r rental, s=.-.?le--~a-'. ..;' ....... ~ ....... ~-. ' -' ~" '~'here a~;::ca='~ =~te ~rc'.'id~-~:, as sn=',*.-. :n .-atle A. ::".em, referring a~aLr, :c 7a:le A, ch~se :~e .-.ur=er cf -~e:rcors ~rc~:sed for the rat:.-.-: :a~e~ cn :ke household lnccre level and ~he number of :edrcars :s s.~.c'.'n :n Table A. r...=. %~e a ~:err:~a! in :ak:e A, [cca:e :: :n /a~ie B, ~r:en:..-' that -',':~.., _ _.-~ a'. .... ak:e nc:s:nc. ~n:: ~rcucsed in the .... ':~.er.% ::r~arcl :: :he %::a' r,':r:er cf ~'.'el':~ unl:s in the ~_~:-~: ::r r.:rzer =f _=~_-e:.:la: !',.e::::.~ ~::s ~er ~r:ss acre :nat -~.' ~ ~=~=~ .... ~ -~e fen$::~', ::.ese a~i:::=na: :esiden:la' :~'. eill:~ ::.::s ~e: ===ss a=re are :?.e :a>:lr:r '~'::n ~er=en:a~es cf affcr~auie tcus:n~ =n::s ~'hich f~'i in ~et~'een :ne pe==e:~=a~es ~h$'-'n cn Table 5 s:-.a'' fete=ye an affordable n=':s:n~ ~ens::y zcnus equa' ~e lc='e: cf :he l:es :e:'-'een plus.,' 'l$:h cf a res!den:ual d'.'elilng unit per gross acre .ct ea:h a~d~:ional pe:cen:age cf af.c.,a,.e housing rental un:ts :n the ce.e.cpmen%. For example, a deve!opr, ent ~hich has '~ '' ~ ~" ~ ~ ~'~ its 2~% cf ::s to:al resi.en.:a..-e ..... ~ un as a..c. oa.~e housing un:ts a~ "~'-~ ~as an affordable housing ~ ......... e.,s_~ bonus rating of "fc=r" '.':'' re:eivc an affcrdab!e h~uslng density bonus (,\HDB) of ~.~ r~s:~r,::a' d~'eil:ng un:ss per gross acre for the development. ;<nere rcre :na~ one :}'ge cf a...r:a~le ~ous:n~ unlt :based on ~'.'e' cf :~ccTe an~ nurber cf teirc:rs shc'.'n in Tarle Al, :r:~;sel f:r a ~e'.,elc~rent, the affcrfarle nous:ng densi~l~ bonus f:r ea:n :}'pe shall Ze ca:c':ia:ed se~ara:ei':' in Table B. After a..:r_a:ie n~ dens,tv bonus calcu:a:ions '~ each type of ''-~ '-* housing un=t have ~een ccr~le%e~ in Table B, the a ..... aff=r~akle hcu$inq density ~onus for each type of unit s~a!l be a~e~ %c those for the ~%her type(s) 5o determine the maxf. mum a''--~a__e-~ .... ~"s.,.~-~ density bonus available for w~.,,e development, in nc e'.'en: skal! the affordable houslng dens:ty bonus exceed e:~ht '8..e,~" '''-g un'ts, per gross acre. % AFFORDASL~ ~OUSING DENSITY BONUS RATING SYST£~ TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING _~.E, NU~.BER QF BEDROOMS/UNIT OF .......... EFFICIENCY 2 3 OR :.CZ DZRATE S'_ N~L--- FA-M'-'-Y: (OWNER-OCCUP'-£D OR RENTAL Si::GLE-FA-MILY OR MULTI- F~-MI LY ) '.'ERY LOW (O'*'::ER OCCUPIED OR RENTAL, SINGLE- F~-':i'.-Y CR .MULTi- 0 1' 2 3 4 3 4 5 · F:r :i~s:ar hzusln~ ~e..'elopmenus ~n =he Urban Coas=a' Frznge, TABLE B: AFFORDABLE HOUSING DENSITY BONUS iFDDITIONAL AVAILA~T~E DWELLING UNITS PER GROSS AC~) : 3 '~ 2 3 ~ 3 4 5 7 Please calcula:e }'our density bonus in the space provided below. A%tach addlE!oriel pages if necessary. Bonus ~as previously calculated at the time of approval of Sad~le~:ook Village PUD. Page 3 cf 4 DEC '..' ': i997 ,:,,. FOR THE LOW A~ MODERATE ~COS~ Dcns::y Bonus Ordinance. No 90-B9. e',C~: ,~ o',':hc mod;an :ncomc, i~.w :ncom¢ is S1% lo ~0% o~hc m~i~n mcamc ~d ~c~ Pursuit.: :o :h~ Imp~:: Fcc Ordm, nn¢~s, ~dop~cd by ~hc ~a~'d o~ CounD' Comm~ss~onc;s, D~ccmbcr :6.19~Z. modcr~:e :r.::mc ~s 61% to ~O% of~c me&~ income, low income is SI% ~o 60% or,he medizr, mromc and ~er: lo~ income ~s less ~an 50% of the meai~ income MEDIAN ~COME 199~ x~r'¢s. XISA (Coil:er Counb ) ,-,.'MBER OF .MEMBERS 1N FAX:ILY 46,200 51.300 ~5.300 59,500 63,600 67,700 36,950 4!.060 44,300 47,600 60,900 54,150 27.'20 30.750 33,240 35,700 35,160 40,620 ~3,i00 25,650 27,700 29,750 31,S00 33,850 R.ECO.~L~!ENDED P~ENTAL R.~,TES Fi:: F:o:;,:-' Ho~s~:;.c F:::ance Agcnc.~ (FHFA) calculates rcn:s to usc m the S:,~:¢ Apar'.rncnl :n::n::; c Lea:: t SAIl,) and the Lo;~-Income Remal Housing Tax Cred~ (L1HTC) progrm'ns. Thc r~:::s g:~ e:: be:aK .':e b.-scl on 1997 data flora FI-iFA. U~iliD' cos:s zte pro~idcd from the County's S.':'.:.'.'. S Rt.-.:-': Ass:s:ar. ce p:t..~ram which ;s adminis:ered b)' the Colh--r Count} HHousmg COSTS 5ASED ON 2',£ 2iLl..'. 2'4 T'.VC. ~,EDROC~.I THREE bEDRCO:-', FC, L'R BEDROOM ..-,, :: L'~:T L~ :'T. .,,,.. ,/:.: 1.155 1.334 :.aS: -- 924 1,06~ 1.190 :.~,:. ~-' 693 $~0 $93 ALLOV.'.-LBLE RENT WITH UTILITIES DEDUCTED ON'-- ~_:DROC.',t T',VO BEDROOM THR2£ BE, DROOM FOUR BEDRC,OM L.'N:T t ..~IT UNIT U.~IT 5':':~ '!S 829 930 1.028 ~- ::,. 485 530 582 Page .: of :, AG£1',J ~A iTEM. .o. DEC J 19 7 APPiNDIX C -e"~i:-'r-~___ AF~:l:a:icn .r~. ~.,;t:rda~:e. H:'=s:n~ 2ensl:y Bonu~ DEC i'' 3997 Developer Application For ~ffor~aDle Housing Dsn$i%¥ BonUS pursuant ts the requirer, entS of the Co.~ler County Af[ordable ~usin~ Denslty Bonus ordinance No. 90-89, Section 6.4, please ccr. plete this fort. and suDr. it 1% with any accompa~:'ing documenta- to %~e 2e*.'elO~r. en% Services Div~'~cr, 28C0 North HorsesRoe ~IL'.'e, ::a~ies. ~i:rLda 3~[~i. A copy r. us' also ~e prc'.'Idel %0 the :' '.'es, ~_~s: a:.~ :f the 33.79 acres. · :'es ~.~$e s':~:e :.are a~i :::a:l:~ :f :ne ?:2 ~.-J ar.'/ cider Page i of 3 App~ndlx ¢ Developer Applica:ion For ~ffor~&ble Housing Density Bonus {. Please ccnple:e :ne followxng tables as ?oposed TABLE I ~_9~al ~umber *f wni~s in Dev~lopmern~ owner Type of Occupied 0 _ v,,~iency 0 -- erie ~edroo~ __ T~o Be~rcon _ o _ T~ree Be~rocn _ O _ ¢=her Bedrocn _ -0- TOTAL ~umber of Affordable H0usin* units To:al Nunber of Proposed Use for Affordable uni:s Densi:Y Bonus Uni:s :n Developmen% ~ o~ner ~ . O';ne r · . ~rcu:ie~ E..:ciency ~ -- -- -- 0 o 2 Be2rc:r _ 0 3 Be~rc:r 0 _ - c:ner C __-------- - - TOTAL EffLc:ency 0 0 0 % Be:!rocm 0 0 ~ .... 2 Bedroom 9. o R!R . 3 Bedroom 16_ _ O Page 2 of 3 0 0 DEC :., ". Developer Application For Affordeble ~oueing Density Bonus TA~LZ II (Continued) O Total Number of Proposed Use for in Development Units Rental Owner Rental * Owner Occupied O_ccuDied LOW I~COM[ £fficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL 88 0 0 Please provide a physical description of the affordable units by type of unit (moderate, low, very lo'~ income) and by number of bedrooms. Include in your description, for example, the square foo'.age of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; ppliance$ prcvided such as ~asher/dryer, dishwasher, ~e...ge.a.o., ba .... oc... a..enit.es, s,ch as ceiling exhaus: fan~; and any other amenitie~ as applicable. Attach additional pages. ~. ~iease supply any other information which would reasonably Page 3 cf 3 SADDLEBROOK AFFORDABLE UNITS Response to Item//7 of Appendix C, Physical Description PHASE I No. of Units Type Square Footage Rent 20 2 Bedroom/1 Bath 750 $515 60 2 BedroomJ2 Bath 880 S618 36 2 Bedroom/2 Bath 900 S618 8 3 Bedroom/2 Bath 1040 $570 16 3 Bedroom/2 Bath 1040 $703 PHASE II No. of Units Type Square Footage Rent' 46 1 Bedroom"l Bath 600 5..'.48 14 2 Bedroom/l Bath 750 S515 2 2 Bedroom/1 Bath 850 S618 All of the units will be carp,'ted throughout with the exception of kitchens and baths, which will have vinxl flooring. Ever3' bedroom and IMng area will have a ceiling fan v.'ith altght kit. The kitchens'will include dishwasher, drop-in range, disposal and a refrigerator with an icemaker. A utility room ,,,,ill conta:n full size ,.vasher!dr>.'er connections and an individual electric hot water heater. All units will have electric central air conditioning."heating units. * Rents are net of utilities. AGENDA ITEM. DEC 0 ' '.,'937 AP?£ND~X D P,,ge 1 of 2 THE PALMS ~ LEGAL DES~ON 2~.~ ~ ~ ~ ~d ot. 27°57'44", · ~ord ~ 6t 96.64 THE PAL~S LEOAL DESC1R~PTION .L~NGT CHORD g?.~l' 96.12' 95.20' :N89~45'1B"W 497.52' .~ ' .I I , i BEARING ' N14;lO'25'W 'DELTA 2'7'5'/'~' 27'~2'15" : LINE TABLE LINE, ] DiF~EC-'FION' ] DISTANCE; -- L4I N~9'3.5,42 'E: 13.72' L8 ~ · N45'lg~53"E .51 .'50' : J ..N59'.T2'5~'? 14.46 , LIO ~ No. ~ DEC 0 c. lgg7 :0 RESULAR MEETING OF JA2CUARY 21, 1997 "F THE,BOARD OF COUNTY COMMiSSiONERS 'ET, ' !T ='-'- .....:-::~.°~".~ED~_..~_.. , that the Board of County CommlsslDners in ~ Zoning .~c~..., -f Collier, and also acting as the Board o_ :.::~.'s and as the governing board(s) of such special dis:r!cts as :~ .. teen created according to law and having conducted business ~..<..:-~, met on th'~ Jate at 9:05 a.m. in REGULJ~R SESSION in Bu:lding CHAI R[.%AN: "iCE CF. AIRPERSON: Tzmochy L. Hancock Barbara B. Berry Tzmcthy J. Constant!ne John C. Norris F~.tela S. Mac'K~e t.;. :.;e~l Dorritl, ('..::.:y Manager .~ .,..~,_es Ass!st ~r.~ 3Tunny Manager ' ~,'.'~d weigel, Cc_... :.. A%[srney The ...... ~ ....... · c~ ...e..ced, Comm:ss:T.-.~~ Mac Kie De,nc ~bsen~ F-.-.: ~ 8A4 .?.',!.UTION 97-055 GRANTING A 60 DAY TIME FRAME FOR AN AGREEMENT TO COME :F. BEFORE A DECISION ON THE TWO YEAR EXTENSION IS DETERMINED Seeing none, mcv~,.t~ on to Item 8(A)(4), staff review and ~.~.c.t?.enda%ions relax'ye to 91-55, Saddlebrook Village PUD. Mr. MR. NINO: Ron N~no for the record. The Saddlebrook PUD married to affordable housing agreement. This PUD authorizes 438 ling units for a density of 13 dwelling units per acre, 6 of which !ate to the density bonus program. 132 of the 438 units will be h.~ available for affordable housing, which is 30 percent of the The PUD, again, reflects contemporary standards in terms ~:.~ruc:ure and for-a%. It refers to the Land Development Code for .:...~$cap'-ng, park'n~ ;' has a substant~a! amount of open space· .:'a'.n!y we're -' that ~t will have no difficulty exceeding t.~e 60 ':rent requ,-rement for residential PUDs. The review suggests that s PUD ~s conslstenr- wlth elements of the Growth Management Plan. ;:fl has recommended a two-year extension. Mr. Nadeau is here ~.'resenting the pe~zt~oner. COMMISSIONER NORRIS: Mr. Nino, you say this is tied to .~ffordable housing agreement? MR. NINO: Yes, ~t is. "~" The entire project° COMMISSIONEF..~RRIS: · ~ · · v~ well 30 percent of the oro~ect -- COMM!SSI0.~ER :.:'JRRIS: Okay. ,:YR. NINO: -- ..' -:ed to a contro!~ed rent structure, . ,~,, ....... :.u-=. Okay. Contrc!ied ~t strut .... · ~', · :-vt.: ~-ructure ~hat has been acreed upon COM:Z.!S£'CKEF. :;..;:F~:S: The question then ts, did we g~ve · .:!%y bonus on the e:',:ire project, but only 30 percent are tc be · ' rdabie? MR. NINO: No, ..ye gave it on the entire project· COMMISSIONER NORRIS: But only 30 percent will be '. :triable? MR. NINO: That's ~,;hat this PUD authorizes. CHAIRMA3~ HA_NCOCK: This is one of those where we -- the ....... Ke~ rate density -- CHA:F'.:.ta_'~ i-.';C~( ..... F: under the affordable housing bonus .' "~:_, d,~.,. ,.~. .... u~._ ~ commensurate increase in the affordable, . .,_.~s, .?:e c:a:::.,ng of increased market-made apartments. · "-~-."~v -, .... -'' ~ ' ~an we need to be esoeciallv careful '.,:hen · .: 25 AGENDA DEC; u . lcj'97 .~alk:no about private property rights and that'S -- you know, if to amend our code because -- but we haven t been seeing those r?ects come in requesting that. But as I understand it, the code err. tis a density bonus over an entire property under these kinds of 2,/cumstances; so I'd want to be really careful to -- COMMISSIONER NORRIS: We'll be careful, but it permits -, but it doesn't require it. COM~4iSSiONER M~C'KIE: .Of course not. · ~,,r~ I<ORRIS: And -- i<R. N-~2£: ~ need to take the opportunity to advtse you :.~.~ Mr. >i'r.ai'c '' ! haven't anythzng in writing from Mr. Mihalic, .- .<e dzd .n~'ca%e to me verbally latter Dart of last week that he ....2~ llke %c see %he agreement changed for affordable housing should ~-:3 come back zn the form of some kind of an amendment or made a .,:..lztzon of the extension for another two years. COi,?[<iSSiCNER NORRIS: Let me ask you another question, · ~. ~2%no. Thls was -- this PUD was first granted in 1991. Was the ,.'fordable housing component done at that time, or has it come for a .... amendment later? b?R. It'XC: No, they were done concurrently. CO~%MtS£'ONER NORRIS: It was done at that same time. So · I..: ~rcper%y's been sitting ~here for six years now, and even though .~ k3s some b:fcrdable housing component in there, no~hing's been ~ indicate that it was originally permitted for i r.,i. That '2e..-s co ::.,~,~tive ~urposes. · ,.,'~" I believe the staff report shows that they :3'.'e made some permitting steps. There is an approved SUP, site L-j..,elopment plan, for this project. There have been -- some corp · ...:-m:ts have been accomplished. I believe ~r. Nadeau will tell you !.~,u there ~s currently a new owner with full intentions of going · ~h,?2d, so !'i1 leave thzc up to ~r. Nadeau to indicate that. XR. ~ ...... ~ Co~missioners good morning. Pleasure to .-=~cre ','c'.~ aca~n For the record my name is Dwight Nadeau of ..... ' ' lng the new property owner, Ar'.Ly =..q '"-~-"= and Design repYesent 3 K. .?l.f:32~c., trustee for Exz~ 15 !-75 Land Trust. ':'eH. /=.= Xr. l.J'no h~ s[a~e:~, extens:'.'e ,~ork has been .. or: '~ ..... r_~_,'t ~.:e dc h~'.'e ~n aF'~r~ve~ prel'~r, arY SDP. t.;e ~. ; an ex'..:' .:~ £~.uth ~!or;':~ Water ~anaqeme t ~str'cr perm3 .. ..ess. >/e '!tare an exzsczng Army Corp cf Engzneers dredge and ~_,m.t ;n process· The ....... has changed hands since the affordable ,3.~:~...C> It was originally .; 2ng density bonus agreement was done in 1991. -;;'.ed by Mr. Jassy. Now Mr. Colosimo controls the property. If ..c~/e were a piece of property that should be extended, this would be :cod exa~ule, Commissioners. Extensive work will continue on this :.. and ~'d be happy to answer any questions that you might have. · .'.'.er than was ncc aware at all of Mr. Mihalic's request for DEC o ' 3997 21, 1997 COMMISSIONER CCNST~NTINE: You mention the permits and ~reliminary SDP and so on. How long have you had those? Are .:.;e something that have been -- :<R. NADEAU: Yeah. The preliminary SDP doesn't expire, := was approved in 1994. COMMISSIONER CONSTA~TINE: And your work with the corp ~<.R. NADEAU: The corp is still ongoing. Actually, we're · --ng on a letter from fish and wildlife, U.S. Fish and wildlife, -2 :hey'ye been delegating the letter to Game and Freshwater Fish ---:ssion. And if any of you have had any experience with the feds, .~ ~ protrac[ed endeavor. ?'.-b~!R:,:A_N HA~CCCK: Are you aware if your client has any · ::~-.'ost :n :ncreas:ng the percentage of affordable housing un:ts · ....: ~C ~ercen=? :<.R. NAD£AU: Ai! along my client has been telling me :' %he en%zre s:-.e was going to be affordable, no~ just 13! ~:nits ::-d be, bu[ all 438. Bu[ I'm not in a position to make any -.men[ to tha~ or make any changes to the affordable housing r,$'~%y bonus agreement executed by a former owner today. CF. AIRM3%'~ HANCOCK: Well, iz seems like in the PUD that's a'!y the dcminant rub. If you will, it's granting of market rate let the purpose of affordable housing and receiving a far lesser ?~:-e cf affordable than the bonus itself would provide. .~ have to agree with Commissioner Norris's position on ..%?~. Aga:n, a ]ct of these PUDs, we're trying to bring them Into the :~:'~.-'r :n wh:ch buszness is conducted today in this county, and that's · . ':~ns~scent ',.':th the language of affordable housing approvals that .... me befcre -~ls board recently, and it does cause me some "~ern. :4R. N!NO: Hr. Chairman, if I might. C.~LAiR.~3_~! HD_NCCCK: Mr. Nino, excuse me. Commissioner · ' K:e. .--~,,,- _. But our ability to do that is ..~..;.., ~ S c r ONER MAC' K!E: .... ed by the ~rlvate property rights and when they have done as much :'< as they have -- and I know you're familiar, Commissioner Hancock, ':'. ~.he pe~:-t:ng. . , .mrocess from your former life. When you're .' ~.:'oc-ess. ~: t.'~.'-:c~ quite a long time, and this -- our rlgh~ ~o : -.-'., w:th :h:~; ;";L' :~ ]trolled by ~he '.,este~ r~gh~s that ",hey ma,v ,-s~aL~:s.;.~-.: :':' '.'::'t :e of %he work %h5% the,:' have '.-' ',.'e :-;~'.'~. : . :-.- e>" re,ne:y caut'_cus ar';~ -..ayDe '.,'e ¢:'~"' ·. ~..'- -:---'" .:~: '~'.: 2'~'7-..- abou', whethe,' ...... c~ -~? ,~,,.._s '_s ..~ exefc!,_'e ..';ar: :cu~ ar caution on %..e.. as much work !:as b~.e~ .:.!.:%a~er: as z'~ appears to have been, an approved SDP by :h'_s county : "ne cnco'ng water management permits. -.u_A,-'-"- Before doing that Commissioner ,. .~ :v..~-... HD-',~C©CK: , -2X>:'SSiCXER NORRIS: Well, I'd like to -- based on DEC., 'i9 7 ..... 21 1997 .~'...% ~: , eau's statement that his client has indicated that they would o do complete affordable on the site, I would make a motion .n: v..e grant a two-year extension under the condition that a new ::.:.~ment be -- be made -- :.iR, NADEAU: Re'," sited, COMMISSIONER NORRIS: Revisit the agreement and make a - ~reement that -.ke szte would be a hundred percent affordable, ...:.:...:~se have the -- kave the PUD come back for a rehearing. 2.._-.AiR~N .~_~C©CK: And that ' s a motion? COMMISSIONER NORRIS: That's a motion. ..... 11 second that I agree COMMISSIONER CC~S~A~NTINE. I' ' -- Commissioner Mac'K~e that we need to be cautious, but at the same -.: i ~hink, partzcularly considering your comments of what it :...~:~rs any way your c!~ent has intended, we can probably mee~ al! our '' .-Lyes whzch '-~ r. artzcular would be to -- _,;.,..,:S=~ONEK ..~:- V'~E: If I just -- a question. ir.'t be ha--.=.` .: '...'hat we're going :c do here is increase the '-'-''' -ka ~fered at a~"::-':'ia :abl= ~,.~-'n:: · :.-. number of units - are o. - ....:.~ rates. 5'.' .,.-.! ~c be clear %?:~'- :hat's your -- ye: · :...;,-.. ....... ~, not I have nc authority to agree ..-., c'~g~ to ina' a:fordable housing density bonus agree,me::'- >:..' '-ed by a former p_operty owner, The property has changed hands · .~ .~.ct having been availed of this information prior to the public ..~ . ~, I'm in no position to make any commitments. iiMMISSiONER NCRR'£: That's understood. But the motion . . pates an agreecen%, Commissioner Mac'Kie. COMMISSIONER :.U..'J ' ?:; E: Understood. '"~-- i would be happy wi%h would be the :.iR. NADEAU: ,'...= - -:.'ear extens:c:: ar.J a request to revisit the agreement. -HAiF'.:,L'-.:~ H.'-.::?~;' :.;ell, a request to revisit means it . . se den:ed '~::': .- ./ou go and we have -he same thing dc',::. ,' '.,'e have ::: '.: :' . : us today. I th'nk what Commissioner :.'lng '_s ~.!;a% :: .~ pending that agree.ment. Should that ... -.hen %he -matte'-~ ..,.uuld come back before us. Is that the .'2 :r motion? ?OMMISSIONER NC.%RIS: Essentially, yes. COMMISSIONER CONSTANTINE: Is there a ~ime frame in :. you would anticipate either being met or not? Is it six · ~£.:.'..:.:tS.~iO:.:E.% :;'~.::'S: Mr. Nadeau, how long do you think .... ~,~ from your ~' :e~t to say whether :~- · . %&.~.e L% :~" · :,..S -- ~- " :.-5.C' C- t% ' '..' : '.':; ::;-.:'.HA'.' ..:!n't respond, b,:' ....'c'.-'id imaglne a · . m'u::'.::~ v.... : : . ,. ~;:,~pria~e to s:-i.<-.!...e sT.me ct.me ','I'.!. . ..'- at:5. :.:: . ~' . -'.'"'. · '2:,:!4iSSi2:;EF. :.-~?.'-~: So the -- ~he 60 days then? UF3.'R:,'2-_'-: :-'-:--':TIT'.": /he motion ~nvo,.xes 60-day tlme ~rar. e 21, 1997 return of an agreement to this board to finalize the extension of COMMISSIONER MAC'KIE: And failing the -- the property er's agreement to amend, then this petition will come back in front us to dec~de whether or not we give a two-year extension or we ask to come back with a revised PUD. COMMISSIONER NORRIS: Just like it is today. CF~IRM3,2: N.~/4COCK: Correct. COMMISSIONER M~C'KIE: Okay. CF~IRM~%.N ~LA.NCOCK: Okay. We have a motion and a ::nd. Is there any further discussion? ~i,~, All those in favor please signify by saying aye. Opposed? (No response) None. Mr. Nadeau, thank you. b~R. NADEAU: Thank you, Commissioners. =ge 29 L AGENDA iTEM. .°. 2Z4Z DEC, '~9~.7 EXECUTIVE SUMMARY CONSIDERATION OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES THAT PROVIDES FOR APPROPRIATE MODIFICATIONS TO THE GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT W'ItlCtl ARE NECESSARY TO ACCOMMODATE THE CITY OF NAPLES RAW WATER MAIN OBJECTIVE: To obtain Board of County Commissioners approval of an Agreement providing for appropriate modifications to the Golden Gate Boulevard Improvement Project which are necessary to allow an existing City of Naples raw water main to remain in place. CONSIDERATIONS: Dr. Richard Woodruff, City Manager, City of Naples requested Collier County to delay its planned schedule for right-of-way acquisition and construction of the Golden Gate Boulevard Widening Improvements Project so as to allow the City the time to evaluate the condition and life expectancy of the City's raw water main line. This water line parallels the existing Golden Gate Boulevard roadway. County staff had notified the City of the need to provide funding necessary to accommodate the water line remaining in place. After reviewing the estimated cost, the City of Naples chose to perform a "value engineering" analysis of the roadway project in order to develop several alternatives for consideration by Collier County. The attached correspondence dated November 6, 1997, and Agreement accurately summarizes the final proposal developed by the County and City staff. This process was very cordial and cooperative and has resulted in an Agreement designed to meet the needs of the City of Naples and Collier County. FISCAIe IMPACT: Additional costs for right-of-way acquisition may be incurred. The CiD' of Naples and Collier County will share equally in any right-of-way costs in excess of a forty percent level of condemna,ion cases. Staff is not in a position to accurately predict this cost Funds are available in Fund 313 (Road Construction), Cost Center 163673 (Surplus Gas Tax - Road Construction). GROWTH MANAGEM'ENT IMPACT: This Capital Improvement Element #62 is consistent with the Transportation Sub-element &the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the proposed Agreement between the City of Naples and Collier County and authorize staff to make appropriate changes to the Golden Gate Boulevard Improvement Project necessary to allow the City &Naples raw water main to remain in its current location. PREPARED BY:.-~ Ed Ilschner, Public Works Administrator COI.I,IER COU ' - - LD2Lk-N'LS.T ATOR'S OFFICE 3301 E. TA.%II~M[ TR NAPLES. FL 34112 (941 ) 774-8383 F~ (941 ) 774-4010 November 6.1991 Dr. Richard Woodruff City.' Manager 735 Eighth Street. South Naples, Florida 34102-6796 A CERTIFIED BLUE CHIP COM.~IL'N[ .'~' Golden Gate Boulevzrd - County Project No. 63041 City Raw Water Main Dear Dr. Woodruff: In May 1997, Ge County agreed to put t~e planned Golden Gate Boulevard improvements on hold for sixty (60) days in order to allow time For the City of Naples to perform an analysis on the city's 36" raw water main and p~'esent value engineering options to the County for consideration. The original period for project delay was to be from May 12. 1997 until July II. 1997. The City of Naples experienced diMculr:' in completing the "value engineering" a~d obtaining pipe forensic testing services by the July I I. 199'/ deadline. The City provided "value engineering," dat~ on August 22, 1997 a~d both County and City surf ag, reed to a typical road cross-section to accommodate the existing City waterline on September 19. 199T. Then on October 20, 1997 t~e City provided the County with the S~ptember 1997 forensic pipe testing report indicating pipe conditions and projected remaining pipe life. On C~tober 21, 1997, Mr. George Arch~ald provided County staffw~ a dr'aA de~iling a request directed to the City of Naples City Council ~king for ~eir approval of items to be included in a two pa~ty agreement between Collier County and City of Naplcs. These agrccmcnt items azc ~s follows: i. Subsidize Design Cosu 2. Subsidiz: con otConfl~ Boxes between Wcb~ Blvd. An~ 31s~ Stre~ Conflict b~x cog $20,000 -Sta. nd~d Ifllct cog $2000 m 10 boxes required Actual mst Io be 4cmrmlned when in rcccip~ of Bid 3. Subsidize R/W cost - difftrcmial cost ber,~ccn 20*/,Condcminadon Casts ~ 40*4 ~ion ~ This is th¢ incrcm~"'d cost above the normal c~ of c~imatcd Condemnation Cases ',, ($331,288-$162.644) - In addition, the City ~d Coun~ should share equall) ~ny costs in excess or40*/e condemnation Cases. 4. Contract documents to include a line i~crn in thc schedule of unit prlccs for exit-, precautions (~ identified by the pipe manufacturer) Io be taken b)' thc contractor when work is performed in ~d ~round the 36' R"A'M. The contract drawings will shov. thc limits or prccamiorax'y L-CaS. Th~s line i~¢m is to be paid by ~h¢ Cit.,,' of Naples. $ t4,400 $150,000 SI65.644 Addhmnal cost Idcntificd at Th,s hnc ~tcm ~s ~o ~ p~ b~ ~hc C,~ C~I) 's 3G"RWM ~dl ~ rc~rcd ~I th~ Cily's 9 PaGe ~o ~hc C~c?s prc~ntanon to thc Bo~d o~Coun~ ~ cop? of she ~orcns~c ~lysls ~r~ormed ~or ~c C~t) on thc 36" is 1o ~ submmcd ~o cbc Count?. l Rc~mbu~ Colher County ~co~ i~u.cd on ~e ~oj~t duHn~ ~ 'HOLD' ~ri~ (~inl 5/1~T). Co~ include, but not I~m~tcd to. ~alysis o~ ~p~l ~ctions, drainHc, meetings, c~c~n~ncc. q Ancr,~cc at pro~d Pubhc MccfinI ~o print ~hc ~fftcd ~'pi~l (iCappro*cd by ~c BCC) TOTA~ ~OWH PLUS ADDiTIOnAL TO B~ ~OWH ATTIM~ OF AWA~ ' Slaff~ ~ing S/1~7 so 9.3~7 - ~o~ ~ lo ~ includ~ cost at $ 3.000 The County staff has prepared a dr~fl agreement for your review and use in bringing this matter before ),our City Council for their consideration and subsequent approval. We are at a point in this process where we need to achieve a rapid conclusion and move this project fot~'ard. The aMached project schedule would require that you obuin your City Council approval and present this issue Io the Board of County Commissioners by no later than December 9, 1997. This sch~ulc requires a.n hem indicating your ap~arance and o~cial request be placed on thc BCC agenda by November 21. 1997. Thercforc, ! zrn asking you to notify, my office as soon as possible regarding your pla. ns to meet this schedule. Finally, since thc City of Naples dclaye41 this project, you have slated ~d I have undcrslood that thc City of Naples staffwill be present az mil future ixojec~ public heaz~gs Io cxpLtin the re.~,on and justification for the Golden Gate Boulevard project delay. The first public meeting is planned to be held sometime Dr4,em~ !0, I~7 but no l~zet th~ J~muzr7 6, 1991 a~ I~e Bi~ Cypr~ Element,~y :SchooL Thc .schedule d~tc~ mu~ be me~ or ~e County w~l hav~ no choice ~us to resume its od~bs~ plms azxl teque~ the relocation of the City's waterline or I~c City's assumption of all cost and liabilities necessary for the line lo remain in place. Your prompc considcradon and ~ssisunce in concluding this ra,u~' is ~prcc~. Sincerely. Robert Fernandez County Administrator RH:rh AtlachmenLs cc: Ed Ilschner. Public Works Administrator Adolfo A. Gonzalcz. P.E.. Director. OCPM Project File 6304 I.I I proj¢,.-ts%63(M I~hrO04 I.',,'TE RL OC AL DIL,g"T-DILs,.F'T-DR.LFT I I/6.'1: COL%'TYPRO~CT COL~"FYROkD%O COL%TYPRO~CT~O 63041 THIS I.~TERLOCAL AGR~E.%r~.~T. m.3~e and enlcred into th~s ~ "b of , 19~'/. ~/- I~ b~r~en ~¢ ~rd o( Co~n~/COmmlu)Or~rl. Coil)et C~nt7. lr~r'~. I pohuc31 mbd),-ision of thc Suit o/' Flon~. hcttm3Jtct c311ad thc COL%i"~' and thc CIl'/ Naples. a mumcq~l coqx)r~lioa, hcmr~¢t c311cd ~ C~. ~AS, t~ COL~ Is plznnmI lo consl~, ~on~ o~ ~ m~J) a ~n~n ~ NO'~. ~FO~, in ~flsidc~lion of thc 3~e prtm~l, l~ Ilm multi co~e~n~s. ICES, 3~ S[~ION I CObra'S P~NSIBILI~ ~ COL~ s~Jl pro¥ide and ~erm mmpn~i~e desiln I~ co~sl~ion and cemmm ~mlly ~ ~ncunenll)' ~llh COL~'S ~sijn I~ consl~ctJon ~ I~ A. COL%~' Ih311 Include L'l:h~ .erk m tis H*lh~l} Consl~lon ~d Io arrive al a price B COL~ s~ll c~nduct z ~or~l pfc:0nsTra~Cfl CO~CtCflCC prior Io com~flcinI ~ dh Ihe Page I ors imp~c~nu k~n~ t~ Cl~ )dvt~d oft~hn~l. C~. a~ ~vl~ I~y~S CO~ ~11 m~ct ~th ~bhc o~¢t11S ~t~ C~ ~ ~ COL~ iA erst to ~dinJte ~ ~z~ ~fl ~ L~i~ im~n~ Of~U ~ ~o~ o~omphjh~ on in IS ~d~ ~S for ptmnl ~n~ %~nu ~hich ~ ~ ~ ~ ~ ~ ~n ~ ~1i~ ~b~ ~o i ~l~cn ~ppr~l ~ t~ Cl~'S ~nt~ i~nk'~t~nuu~ ~ a~s n~Hlhsu~in$, u~n notification to Cln' ~ ~ ~m~li~ trail I~flt of~h C~nIt o~ ~ m (1~ ~ ~ A~. A~dttlO~l Of e~ ~ which t~dT I~ )~ C~fl~ ~r lul~ ~ ~mmed for ~ I~ c~tzon ~ ~ CI~. Supplcmcn~l ajr~nls. 11~ CO~ s~ll ~ I ~ jM~fl ~ ~ C~'S ~1~ ilenV~ntati~ l~ ~ ~ En~r ~or to ~'s app~natt numar ~pla~ ~l~nl thc U.h~ u ~ ~ I~ CO~'S sh~'.'. ~ Su~m t c~ ~' I1~ CI~"S R~or4 Er, l~r Io 1~ Sutr of imp~n~ All ~nto~S cntt~ into ~ t~ CO~ for 1~ ~tln a~'o~ con.ion of t~ L'uI,~ Fzc~:.:;es sh311 ~ul~ t~ ~ cont~iinl ~th ~ COL~ I0 p3~:e~l's rKs, or an~ c~nK. dJ~sJc or I,abEh~ ,~ ~ ~r3t mju~. pro~ ~male. d~ or COn~ntJ31 ~3~J~. d:~:) ar jMl~ll) an Kcounl of or in ~n~ ~:h fie ~¢t~ cor, r;::ant or COnlta:tot ~a,r. ir, I 1o tlc dfl~ln a~ constr;~mn oft~ H;lh~;} a~ L'uh~ F G. SECTION I1: CFT'Y'S RESPONSLI~,L~ P~e 2 of S 2O 'Thc spc'¢tl's.,: prc]¢:t lUppo~ dufi($ 3r~d ."ts;)ons~b,lltics rnu,ncr'3tcd btlo',% sholl Ix' Iht Q~II~3I~G:. ,~c CITY. CO~'l COntt~Ot Inle~ or d~r~ COnlrol ~tr ~ L'IH,~ ,npr~n(s as d~d ~es~ 10 en~ ~ ~il,~ l~ Hilh~ i~ ~ f~ll ~m ~ ~Jm~ble ~s lo ~ ~14 unfe ~ COL%~' tot m,d ~tccs s~:: ~: J'. ottl~ ~uf ~,ln I~ consi~n SEC'T:O~¢ 11! con~m~on ~ns. me~l~:. IK'.m.~. skills. ~S IO }4t~h~) im;r:~tmcnls ~ 3~t tes~ns,b~l~r]~ du~nj consl~ClJon s~ll CO~"S c~:~ctot ont'or Ibc ::~:mctor'l Ivkonl~ao~ The Cl'l"t' ih311 n~l bt responsible tc ~ COL,~,'T'Y should compl) ~ith OSHA ~c~. an~ H~::~ ~:~n~.~rds (~9 C~ 19~6119]0) ~panment or ~r. ~:upatto~'. ~'t~. and H~lth Admm,st~tlon. that ortho COL~'$ cont~ctor i:~ ~r t~ conttaclor'l lu~ontra:lO~ Page lC! IS Ibc COL.'%'TY'S c¢r,:.'~¢1 t.~.'.~iet ur,<::¢: II::s ::,:::Ix.~l Aired,none ~.s :.%c COL.~'T"t"S an~,'or KCp,e ¢l'~tH.~ COr't:,"X:;C~ ~*ork S~':..e:~ :o :Se i:~.mont tn p.~nl,~l:.h I 0l (113bc~e TI~ COL .'%'TY s~ll pr~ I~e It~ Crr'Y ~flh f~r ¢41 ~e~s of Ihe applied connn.~.,on plans zed Cons~rucl~on ."omncl for Ih( H~jh~ 3.~ '3 04 Thc COL .'%'T'Y Ih, all rtlmbur~,c Ihe CITY ro~ Ibc dllTertr~c~ m ~lluc bcsy. cch Ibc AC)) and I,M ACS i/'11,; ,~orrncr ~mo~Jnl (,,ccc~s Iht Llucr 3morrill The COL,'N'TY Ihall N) lhll amount lo Ibc CITY ~llhm for1} -~'~% ~ (~) ,:.'fl¢?,~ar 4~7I aa'let Ih( dale ~n ~,h~ch Ihe ."onllruc'l~on pro~dccl ~'¢r m I1~$ [nlcr;acal Ajrc,cmcm ~s C~,npIc:~ t):, d)e COL;I'.'TY ~nd 3c:r74t, d )n ,.,nhn~ ~ ~hc CiTY The CITY Lh&ll rtimbur~ the COL,'N'TY for ihe dsB'crtn¢~ m ¥~lue belin ~ &~ ~ i~ diB'~rtntlal am~m lo Ih( COtu'N'T'Y v,l~hm fon.),.fl.~ (,IS) mltn6af ~ &flee iht d~te Icc:L'planct OliVe I. Jllli .l~ .~,r~ in wnltnI t~ lh¢ CITY or W~lhm for'~/-l~.,,~ (45) C~lend,u' COL~ prtsenls CITY ruth a Cen,ficalc o/'Comptcl;on SEL'~'ION IV: AGR~E.'v~.,~T T~R.~4S 4.eX) 'i'hls Interlcx::al A~reement th&Il r~rnJ~n in full Fo~ ~nd ¢~ec~ imm/J')e ,¢,le flint ibev~ writtel In~ I.hall IC.,"miAalc upon Lbo mmplc'~JOn of If.."Y)c~ aAd J~'pc, n~"C)tlit,~ muluall7 pufG, rm4d u~ler~o,ocl Ih&l ~he ~c~41 lenninalion 'f't( he~in ma) oc,c~r en et about ihe ~afe id'find · pproval nad ac:~'q:)u nc~ of a, ll Hilhwl7. impra,~f menu b7. COLFN'TY. TlY~ 6,lie ~ mmcml~Btad 401 T%e Hijh¥~:~.~ shaTI be maml~ined1~, the ¢OL.'N"I'Y ~ fu auilnl v4th reSl:,Ctl io road,~,.and 4,'~inalc Impre.,'~menu an4 I~, Ll',e CITY, M~h req:mcl ~o Uuhue~ willYn CO~ uKm~nlS ar~or t~lhlJ.~f, wly. The C~T'Y l/Id/et ill jniln~ I~IH Ilso rnalqlain ike L,~lie/ irnpt~v~n~cau which I~ m,-t~de COL,'NTY pabl~ eIea~enu an4/~' ~lhu4/'.wlT. bt, CTTY her~a limes to c~uin all ~Mhlaeel Im'rMeel lad/w rJ~Rl-~'.w~7 mqui~d COU'~ lB Oldl~l I~11 COL"~"TY I'~ay COl'lfll"~Cl I.~ Ulilir), impro~n',~m/and ia old(t c~rY ~:), L~rT~er m~inL~n ~ ta~Jm U~r./ 402 T~ COLTNT'Y er Cr1'Y n~T tcrmlna~t t~ds lmer~ A~m ~ ~ l~ ~ m~ pr~, 1o t~e c~mplc~ion ~ th( Uiihty ~.~rt vpee ih~n}' ()G) ~ I~ WTillCn ~ IKh o~he~'. In the ntnt o/such Icrmina(ion I~ ¢rlher perl~,. I~e ~ Ih&Il be cMJdId duc compcnsal,on For Ibc Y'Jl~( o1" u.r,.,)cts r~nd,cr~d, mrm. mc'uon perJ'on~4, add $ 00 Thc CITY 3n~ fl~¢ COL%T'Y Ih.~lI m.~lnlaln insurer, ct rn I~ minimum Irnouml Ind /cqmrcd ~. Flor:~.~ S~c Si.~iufeJ $ I T'nc CITY and the COL,'%"I'Y alrt'c thai e~thet p*~. n'ay Ix KI/-insu~td on the condi(ion Kl[-mSut'~."..:~lsl taus! ¢0mpl.', ~qtlh 'ql $1.'11~ 13~q$ :]nd re,r, Jl.~ttons .11~ taus1 m~:l ~llh S£CT10.~ V1%!:fC_CLL~%'EOL'S 6 01 This lm¢lloc~l Atrc.~i~ent sh.:ll be I~ ern¢; t:.~ 3n~ ~n$lru~¢d un¢¢t Ihe la~s e~'~he Flort~3 Ir. 1::c ~cn! an) ImJ'~hon ts ins4irvl~ ID v.~. of construction or enJ'or:tmcm Jfltcllocal Af, rcem¢flt. IlK' ~,~n,~ I~tc~zthnI iff u,d ht:Lat,ofl $1'dll be tfllllJCd ~0 COUeCl rccs 6 02 ri ,$ u~¢rs::x~ ~ll~e this ~n~CT]~at ~Fcer..¢.~: ~S, be e,c:u~cd ~.' be(h ~an,rs ~nof to CI~ and Ihe C0~' commcncmj u::h thc ~o~. Kn)~ dulJcs, lfl~ dcKn~ ~ I I Page I AS TO T'H:E COL,.'~-FY: AT'TEST, DWIGHT E ~P, OCK BO~Z) OY 20'.?, .'TY CO~g,~.".$S:O COLLIER C: .% .'TY. FLO~D.& Approved is ~o I'o~m 3nd le~l s~r, cK~- COLLIER COL~'TY: ~LMO'T'H~' '- HA.NCOCK. AIC~) C B A IIL~.Cs.N ~c)dl AIhlOFI AS TO THE CiTY OF' NAPLES: THZ cn'Y of NAPLES ~ lo form ind le~l for CI'r'Y OF NAPLES: ICEN'~TTH B. CIJYI. EI~ £sq A'rroIL,NEY YOR ~ CITY OY NA,PL£$ RJ~ I. WOODI~UT1r. A't"~$T: T~C ~ DEI~'TY crrY C'~.ItRJC Pa~e $ ors 10 Golden Gate Blvd. Count.,,' Project No. 63041 EXHIBIT "A" City of Naples Respon,~ibilities for Extra Co5t5 Subsldi:ed costs from Weber Boute%'artl to 31' Street are due to the $6"Rt~;~f focated in the proposed roadway R/'s4' of the centered Urban typical Section. From J 1' Street easrn.ard, the sub$idi:ed co,ts ore due to the shifted Urban Typical section to move the pra£osed raadw#y to the south of the txlsting $ ~4,400 I. Subsidize Design Costs 2. Subsidize cost of Cordlict Boxes bctween Weber Blvd. And 3 I" Street Conflict box cost $20,000 - Standard Inlet cost $2000 = $lS,O00 !0 boxes required Actual cost to be determined when in receipt of Bid 3. SubsidLze R/W cost - differential cost between 2(P/,Condeminat~on Cases and 40% Condemnation C~ses. This is the incre.'ts,ed cost above the normal cost ofesttmated Condemnation C~es = ($33.1,288-$165,644) = In addition, the City and County should sl'~tre equally ~ny costs in excess of 4(PA condemnation Cases. 4. Contract documents to include a line ilcm [n ~hc schedule of unit prices for extr, precautmns (as identified by the p~pe manufacturer) to be taken by thc contractor when work is performed in and around thc 36" RWM. The contract drawings will show the limits of precaetion,,~y areas. This line item is to be paid by the City oflqaples. 5. Con,'act documents Io inch.de a line item ia the sc.he~.le o~ uztiZ ~ for the eost~ lo repair n mpt~tr~ Ia the 36" RWM, should such repaix be needed. This line item is to be p, fid by the City of Naples. 6. Any future roadway d, tmages caused by the r~l:~ / ie. tk oft~ City's 36'RWM will be rel~ired at the City's expense. 7. Prior to the City's pre~nt~tion to the Board of Cou.my Corvamssioners, a copy of the forensic analysis performed fo~ the City on ~e 3C' P.W'M is to be submlt~ed to the County. g, Reimburse Collier County saffcosts incurred on the project during the "HOLD' period (st~rtlng 5/12/9'/). Cants include, but not limited to, analysis of typical sectio~ drain',ge, meetings, correspondence, etc. 9. Attendance at proposed Public Meeting to present the shifted typ~c,,I section (if approved by the BCC) TOTAL KNOWN SUBSIDY PLUS ADDITIONAL TO BE KNOWN AT TIME OF AWARD · Staff cost st',rtmg 5/12i97 to 9;30 97 - Additional costs to the end of"HOLD" to be included SI80,000 SI65,644 SAddi6oval cost Identified at Awaxd l&ntified at Awzrd S1'~,425' $450,469.00 ~cpm~eojeets',63041 '~ity(2osuO3.~c: : /'/ I I DRAFT-DRAFT.DRAFT ! I;6/97 COUNTY PRO~ECT COUNTY ROAD NO. COL.'~ ~-rY PRO~ECr NO Oold~n Gate Boul~lrd ~7~ 6~O.t I Four-Lanin~ (C.R. 951 to Wilson Boulevard) '! THIS INT~RLOCAL AGReEMeNT, rnadc and cntcred into this --. (~ of ,1997, Ir/and bergson the Board o/. CouflD' Commi/sionc~ Collier Count)-. Floric~, a political sulXflvislon el'flee $t~1¢ oI' Florida,, hcr~in,~¢r called the COL,'NTY anti the Ci~' Naplcs. a municipal corporation, hertina, t'!.er called the CITY. WTTN'ES SETH WT{:ERE^S, tile COUNTY is pl,~nninj lo construct, ttconstrua or othcn,,.ise modi~- a portion of the COUNTY hiihway sTstcm ,~¢si~natcd by COUNTY as Projec~ No 6304 ! Golden Gate Boule','ard four-IoniaI impro¥~menls (Icl. C.IL 951 lo Wilson Boules'oral). s.'~kl ready, ay impro',cments hercin~'Icr called the "Hiih'n'oy"; and, WH~TLEAS. the CITY is planninI l~ maintain certain water utility s-}.'stc ns ~ ~hln. adjacent to. ancl in the vicinity o£d~e roadway car. creche, s:dd udllry ,.,,'eric and improvements herein~tcr cozied the "IJtili~.". and. WHEREAS. Ihc CITY requcslcd thc Count)' to rc-c~csign the road~'ay project to shi,q the proposed road',,..'ny section lo thc: south in order to pi'ce thc Ci~"s existing 36" Rn'..,' Wnlcr Main outside Iravcl l.qn¢ and lhus minimizc he Ci '¥'s r-'~cnlion costs, and. WI~R~AS, thc Count)' aCrccs to rc.dcslgn II~e ronch~ny in order to place II~e CitY's cxistinz 36" R,'~ Water Main OUlSi~c o/.Ihc payed travel Inn¢ and Ihus minimize C y's rclocmion costs; and. WI-~R. EAS, linc CITY and the COUNTY shall cnicr into rids lnterlocal Agreement/'or Design. Construclion and l:'nginccrin~ Scr','ices lo 1:,c pcrl'ormcd by Ihe Count)'. lot Ihe d¢$ifn, plan preparalion. pcrmluin~ and budget-related acth'idcs/'or d~c planned hlihwny construction work. and W1.{EREAS. thc COL,,mF'I'Y and CITY have clctcrrnincd and mutually agree tho! it is ¢¢onomi':alIy advantageous and in the best interest of the public to consummate this ]nlctlccal Alreemcm lo provide for the construclion of Highway improvements by the COLrNTY pursuant to and in accord with proposc~. COUNTY'S road'n,~y construction ¢onlracl for Ihe highway and lo ac:'ommo~nlc thc CITY main without requiring its relocation; and. W'H~REAS. tl~c CITY accepts the it:ms in the n~tccmcnt incorporatccl herein and includc:~ in E.,,hibi~ "A" att::hed hereto: and, W'H~R~AS, the Ci~' accepts thc Ioln[ bid items £or dsc ponlons el'work as identi,"iccl in thc alta:hod Exhibit, "A" herein ~nown nnd re/'cren:ed ns "Anticipated Cost ol'Proj¢cl~ {ACP); -',nd. W~EREAS, thc County Is agreeable to and desirous and capable of performing, pro¥idinI or othcn~isc uncloaking Ulility dcsiin, construction and contract administration sc~'ices/'or C~TY jointly and concurr~nlly vdth the Hi~h',~y construction, and CITY agrees IO reimburse COL,.'NTY/'or the ~n:~l and actual costs herein kno~n and roi'erred lo ns "Aclunl Coil Statement" (ACS) for the toul b.d items for tlc: porlions of %,,'ork as idcntificd in the attached Exhibit "^"; .',nd. NOW, THEREFORE. in considcmlien of the above premises, nnd thc mutual co,,cnan::, terms, prm.'isions contained herein, thc COU%WY ',,nd CITY agree as SECT]ON i': COLt~TY'S RESPONSIBILITy 1.01 The COUNTY shal! provide and pcr/.onn comprchensi.,.e dcsi~,n and construction and contra~ administration sca'ices to Ihe CITY .rot the highw'ay proj,~. These set,,'iccs s.h.all b.c rendered jointly and concurrently with COUI'TT'Y'S deiiln and construction o£the Hi[h~-~.v. 'FAc follov.'inl slx'ti~c services, duties, and respons~ilhics will be the obli,~ation of t~: COLrh.TY rcJardln~ dcsiln coordination, construction, and contracl administration o/' Ibc L'tH~t) · nork on behall'of thc CITY. COL,'%"'P~' shall conduct a ~'orr'n~l prcconstructlon cord'¢rcncc prior to cc Utilit)' cons~ruclion work. The Count)' will pro',ide tl~¢ Ci~' notice of con/'crcnce at Ic~u fi~c (5) working ,:Lq) s prior [o the COrd'crcnc¢. Thc COUNTY shall include Utility '.'.'erk in ~ts High',,,ay Construclion Bi~ lo arr~,,e at a pr,c: for CITY's Iclunl Utility construction ',,,'erk c:<cludin · AC.i~t~DA ITEI~ m"s Page 1 ot'S /I. I may attend Ihls confercn:e at the CITY'S discretion. A copy of the minutes of s~id conJ'crcnce shah tx: submitted to the CITY's contract agcnUrcprcscntnlhc as so Jdcntifcd hcrcin:~cr. COUNTY shall coordinnt: thc Utility nnd Highway work v, ith third panics such as property. o~'ncrs, land dc¥c~opcrs, environmental agencies, contractors, and the like to thc cxlcnt that such panics havcn dirccl inlcrcst in or nrc dirccdy ~cc[cd by ~id Utility nnd Hijl~w~X impr~cmcnls. CO~ ~all conduct bi~c~ly dcsisn pro,ross mc~dnss with thc Cit~. PcH~ic on-slie ins~cfions an~ toast.calan ~i~ will ~ conduced by the Count' or d~cir dcsi~ncc and Iht City lo ns~ss thc conlmClOt'S complinnc¢ ~lh linc construction plans ~nd conlmct ~umcnll. H Thc Utili~ ¥~rk shall b¢ coordinated with the cr'fY'S utili~ tcpr~scntati~ ~4th r~s1~o to keeping thc CITY ad'.'iscd o/technlc~l, cost. and K:hedul¢ impac'~s upon thc Utili~,' work. COU%'TY shall conJ'cr whh public omclais orth¢ CITY as deemed ncccs~ I:9' thc COUNTY in order to coordinate worx s~a~ bctw~n the Udli~' improvemenu and thc Hiih~-~y improvements from a l~bli= interest vic~1>oint. Pc~odic Udllty ~cld m~surcments anc~ qunnti~ calculaticns shaU bc m.,dc ~' the of Udli~' ~or~ nccomphshcd on an Js ncc~cd basis/or pr~cssmI of momhly profess pnymcms Io d~c COG~'S con[~or. Thc Utili~ rcla~cd field mc:suremcms. a~cn~'~prcscnla~i~c i~so rcqucs~c~ b) C~ m wrmng pr,or to COG~Y'S issuance monthly pr~ss pa}'mcr, a ~o Iht c~nlr~:~or. Thc CO~...'% ,'T'Y sh~:l a'~:~nis:cr ~cs:~n chris,cs, clnrifcn~ions, supplements an~ other cf p~ans, mcmo~ndn, rc~s. chnn~c orders, and supplemental ~rccmcnts 3nd shall subjccl IO 3 ~nltcn ~ppro~n] by Ibc C[~"S contract 3~cn~'rcprc~nta~i~c. Thc abo'.-c noi~,iflmnndin1. upon notification to C~t~'. thc CITY herein authorizes thc COLL'N ~"PY to prepare, c~c~c, and implcm~nl minor change or~crs for conl~cl amcndmcnts ncccsshnzcd by actual ~cld condiHons o: Iht Ulili~ project site ~ u not to dclaF Iht cont~c~ot's ~r~orman:c ~nd so as ia mce~ the inlcnl oFthc approved ~csi~n ~or d:c U:ili~' impr~'cmcms Said chanic ordc~ sMII ~ issued by d~c CO~ uslni c~:hcr cxisiin8 cont~ unit prices or ntgodnlcd unil prices for worx a~jus.nenls within Iht ph)'sic~l limit o~ thc Udli~' ~rx ~s shown in Ihe cons~cdon plans In no cvcn~ shall ~hc value ofnny individual clinic order c~cccd Five Thousnn~ Dollars (SS_O~) nor shall ~muladvc lolnl ~mounl oFsuch chnnse orders exceed ~cn (10) ~rccnl at ~he ACP. A~hionnl or cxtrn ~rk which exceeds thc 3~vc clmn~c order outl~ori:)' by COb~' sMll ~ submh[cd tar rcvic~¥ And c~ccudon by Iht Upon completion oFall Utllily work, including all work autl~orizcd unScr change orders and supplemental agreements, thc COU'NTY shall conduct a final inspection of thc Utilir). work u'ith thc CFI-Y'S contrnct agcn~rcprcscnladvc and/or ils Record £ngin¢,:r prior to Count)'s issuin~ a final p.~ymcnt to dlc contractor. COU'NTY shall submil n rm:,l CcMifi:nI.. of Com[~klion letter to thc C,? alon~ appropriate number of plans dctailin~ thc Utilin.' as constructed by thc contractor for sul:scqucnt certification b)' thc CI'rY'S Record £n~inccr. This ccni~c:mon shall bc submiItcd by Iht CITY'S Rccor~ Engineer Ia thc Sta~e o/' Florid~ Dcpa,'lmcnt of £nvironmcmnl Protection and mhct local ,,nd Slnlc agencies %qHch l~o~crn the hnprovcmcnts. All contr~cls catered into by thc COUNTY for ll~c dcsijn and/or consmJcdon of thc Facilities shall require thc pnriy concrnclln~ wifl~ Iht COLD,"T'Y to ~vc Imrmlcss. indcmni[~ and defend thc CITY -',nd its consuhnnls, ajcnts, ofllccrs and employees From an}' and all clnlms, losses, pcnnhics, dcrnnnds, judgments, nnd costs of suit. including atlom~.."s fccs and pnrnlcl~nl's Fees, or ~ny c.,~pcnse, dnmnjz¢ or linbilic¥ incurred by any oFIhcm. %vhethcr for pcrsonnl inju~', property damage, direct or consequential damages, or economic loss. ansinj dirccdy or indlrcctly on account afar in connection wid~ tl~c work done by consullan! or contractor p(:nalnin~, to fl)c dcsisn and construction artist HiBhway and Udli~' or by any person, nrta or corporation to whom any portion ortho High is subcontrnctcd by ti~c COUNTY's consultnnt or contractor. SECTtON II: CITY'S P, ESPON$1BILITY DEC pg. The CITY shall provide nnd peri'arm project supporl dulics Ia ensure Ihnt COb,'NTY it able Ia furnish construction and contrnct adrninislrntion ser.`'iccs Ia Ihe mutual ~t~sf:~ction of thc CITY. Iht COU'NTY.~,'Incl other go'.'ern~nI al:orioles tilnl have jurisdictionnl control a-.er the hnprovcmcnts. The 'pccific proiecl support duties nnd responsibilities enumerated bolo..., shull bc file obligntir, n of tho CITY, Thc CITY'S City Manager or his designee shall attend all public rnecfinls established to explain an& ~ustii'y tile Golden Gale Boulevard projecl delay for tile purix)se of accomm~at,ni thc CITY'S RJ'"v Water Main. CITY'S Record Enllnecr on bchnlror thc CITY shall ceni~' the final Ufili~' plans and contr:,c~ c~ocu~ents which will represent and depict lilt Utility at conslrucled by thc COU'h'I'Y's contractor, Thc CITY shall obtain all other wriuen nppro.`.nls horn p.'lnies and/or p.'rsons I~a','ine an in~cres{ or direct control ~'cr Iht Utility improvements as dcetncd ncccs~' to cnsurt Ihat CO~ may ~fform its duties and rcs~nsibilitits herein in a ilmcly and cost<ffccik t manner wilhout inscription. Tile CITY shall bc responsible for tile Utility construction in accord with thc plans, permits, specifications, and dcsi,~ns prepared by Ibc County or their dcsijncc, includini bu: not limited to m~terinls, labor, and delay costs. Additionnl costs incun'cd pursu.',m Ia future chani:c orders and/or supplemcnlal n~recrncms nufl~oHzcd in accord with Iht pro.`'isions o~' Article 1.01 (1) above shall also remain Iht cos{ responsibilir:,.- ortho CITY. ~aid Final and actual cost al'nil l..ork herein kno'"vn as Ibc projec! ACS. In addition. Iht Ci~.' shall bc rcsponsiblo/'or all aRreemcn{ ilems included in Exhibit "A" altached hereto rnd herein. Tile CITY herein aerccs lo assign a ccmrnct fl~cnt/rcprcsentati'",c Ia the Ufili~' project for thc cnlirc dcslgn nnd conslruction Ia, triad nnd notify thc County in ',,,rilinG so thai COL,'NTT rna} effectively cOordin,'~t¢ its sen'ices wilh the CITY. Tile CITY'S contract aicnVrcptcsentatt,,e sh.~ll also ncr ns tilt CITY'S contr-~ct authority under tile provisions oF Ihil Interlccal A~recmcn{ Tile Count)' shall prcr,'ide written notice al'all mectinis al least ~vc (~,) ..~orkin! ~n)'s prior lo thc tneClln~ Tile CiTY shall assign a Utility project coordinntor or tile purpose al' coordinating, rescl.,m&. and communicnfin~ conslrucfion issues al tilt field level ~Hlh COb,'i",TY'S resident cons:ruction cniinccr. Thc CiTY shall nppoint/c~csljnnlc thc project coordinator ,n ,,, ri:~nj to Iht COLrNTY prior Ia COL,,'NTY'S commencement ofdcsi8n coordination, cons:."uc~on. and contrnct administration sca'ices herein. Thc CITY'S cataract al:nVrcpreser, ta~c and/or Ibc CITY'S project coordinntor shall at{end periodic conslruction progress meetir,~s with and bet~ eon the COUN"rY and the contractor, subcontractors and ufih~' com, F.'a:',tes '.','Jill dirccl or indircc{ inlet:il in Iht provisions oFflfis Interlocnl A~r¢crncnt. Tile CITY shall be responsible for All costs directly and indirectly associated ..~,-ith all construction nnd comrncl administrnfion sc~'iccs Io ~ ~fformed and provided ~,' catTY. The CI~ acknowledses and a~rccs Ihnt such relmbur~blc cos~s to Iht COb%~ a~ included in Ibc ACP Io ~ccount ~or the a~ve ~ndinl sca'ices and rciznbu~ble administ~:i~ and o~rationnl coll$ $u:h as: l) formulation, prepa~tion. pr~cssin~ orlhis lntcrl~nl Agrccrncnl: 2) inteffacinI activities ~t~'ccn the Hilh~ay ~ork and (he Utility ~ork to minimize cofl~ic[s and Kducc const~ion costs lo Iht CI~; and additional ~hcdulin~ rcqulrcmcms rcsultinI rrom Iht joint nnd confront consl~ction Utilily nn~ Highway hnpr~'cmcnls Thc Ioinl sum or rchnbur~blc costs lo ~ paid unto thc catTY For ~nid ~n'iccs shall ~ 2 5% ortho actual dcsi:n and toast.alan SECTION Ill: MUTU^L COVENANT~ 3.00 3.1 Thc CITY shall not be respc'nsible for, nor shall tile CITY dictate upon tile construction incon$, mcfltods, lechnJqucs, skills, sequences or pt~cdurcs O[ consx~ction Io Highway ilnpro~:mcms Thc n~vc rcs~nslbilifics durin~ const~cfion shall remain ~ith thc CO~'S contractor nn~/or Iht conlrnclor's The CITY shall not bc responsible to the COUNTY should tile COL."NTY'S contra:tar ]'ail :o comply with OSHA Safety and Heahh Standards (29 CFR 192611920) ns authorized by the L; S Department or L~b~r. Occupafionnl S~cty. -',nd Health Ad~ninistrafion, s.'Hd responsibilities to be that of the COLrNTY'S contrnctor and/or Ihe contrnclor's subcon{raciors. ~ Page 3 otb 3.02 ~ COU%'TY'~ alT]cc ol'Cqpital Projects ManaGcmcn! Director. either cl~recHy with thc CI~' or Ihrough duly ~uthorJzcd ~prc~ma~ivcs ~ssign~d to Ibc H~h~ay an~ Ibc Uz:li~' by ~m. shall I~ aS Iht COL~'S con/m~ ~nnget under Ibis ~nlerl~al A~reemenl As lhe CO~"S Dir~ot shall 31~ have Iht ~uthori~' wilh prior ~Tillcn approval o[lllc C]~ Io cx~cn~ Ih~ hm~u ancot ~o~ al UHIi~' cons~mmion ~qor~. Subject Ia 1l~e provisions in paragraph 1.01 (I) a~e this monccn~ authority shall no( cxcce~ Ten Pcrccn~ (]0%~ el[he aclunl n¢~oti31c~ uli[J~- mnstmcHon cost amount, with approval. 3.03 The COLrNTY shall provide thc CITY with tour (4) sets of'thc approved construction plans contract documents/or Ihe Highway work prior to commencement o1' construction act,vities b} Ibc COLTNTY'S ~ontrnctor. Tie above mnlcrials shall include lite COLD,TY'S construcHon contract for Ibc Highway. 3 04 The COU,'NTY shall reimburse tile CITY ~'or the eli/Terence in value bctuecn the ACP and the ACS il the Former a~nount exceeds tile latter ,qmount. The COLJNTY shall pa)' this clitTcrential · mounl to the CII'Y within for~y.t'~ve (45) calendar clays a.rrc r lilt clare on ~H~ich the construction provided for in this lnterl~cnl Agreement is completed by the COb,'N"TY and accepted in ~riHn~, by the CITY. The CITY shall reimburse thc COLDFTY [or thc clifference in value bet~veen the ACP an,~ the actual cost should thc laHct amount exceecl Ibc former amount. Tile CITY shall pa)' this d[trcrential amount to the COb'N'TY ~Hthin forty. -fi~: (45) calenclar c:a)-s oJ~cr the clare o~' final acceptnncc of'the Ulili~- work in ~-titin~ L~ die CITY or CO~ prcscnls C~ wiH~ ~ Ccni~cntc al Ccmplc~ion SECTION IV: AGREE,~NT TER~f(; 4OO This Intcrlocal AEreement shall remain in ~ull Force and eft'cci £rom thc clnl¢ first =~ve an~ sh~ll Ictminnlt u~n th~ completion o~scn'iccs ~nd rcs~nsibilili~s mutually ~ormrd undersl~d Ih~l thc ~clu~l Icrn~in~l~on dale ]lerCin m~)' ~cut on or a~ul Ih~ ~1~ o~nal approval and n~c=pt=nc¢ o~=11 Highway improvemenls b)' COL~. This d=l~ is by the CITY. 4,01 Tile Highv,.ny shall be mnint:',rncd b)the COb,%'TY or ils assigns with respect lo roacl.ay cl,':~innge improvements and by tile CITY. ~,~Jlh rcs~¢Cl lo Utilities wifl~in CO~ public cas:meats nn~cr ri~hts-of..ny, The CiTY anchor its assigns shah also main:~in thc improvcmcnls which I~c outside catTY public cascmcnl~ an~or ri~hls-o~.~vay. L~oreovcr. CITY herein a8rccs ~o obtain aH additional casements anchor H~h[s~F.~ay required by COL~ in order Ihal COb~Y may con~mc~ fl~t UHIi~' improvements nn~ in or,ct that CiTY may Ihcrc~cr malay=in Ibc resultant Utilily impro~:mcnts. 4.02 The COL,,"NTY or CITY may tcrmin.~l¢ this lmcrlo¢=l A~rccmcnt with just and reasonable cau~ prior lo thc completion of thc UIiliB' ~ork upcn thirty (30) days prior wriHcn notice c~ch ~o iht olhcr. In Iht event of such termmnlion by cithct pn~', Ihe COb~' shall ~ cntillcd Io receive duc com~nsnlion for ibc value oF sca'ices rendered, toast.titan pcr~ormcd, and 1cn~in~tion COilS ~s ~Clu,qHy incurred. SECTION V: INSLrRANCE Thc CITY nnd th~ COU'NTY shall znninlnin insurance in thc mini~nmn amounts ancl ~.'pcs as required b)' Florida Stale Slalu[cs. 5.1 Thc CITY ancl tire COUNTY agree that cilhcr part)' mn)' be soil'.insured on the conclition thai ali ~:/.insurnncc(s) muU comply wiH~ all sln{c In~s nnd ~gulnlJons and inuil ~nccl ~ilh Ibc approval of Ibc olhcr pnny Io lifts [nlcrl~nl Agrccmcnl. SECTION VI: MISCELLANEOUS 6.01 This Intcrlocnl Agreement shall Ix: lovtrncd by ancl constructed under tile ]av, s orthe State o/' Floricln. ]n thc evtnl Intcrlocnl Agreement. thc pnny prcvnilinE, in saic$ Ihigntion shall be entitled to collect anti recover from lire opposite pnn)' nil court costs nnd other expenses incluclini reasonable attorn~,. fees. 6.02 Il is undcrslood that this lnlcrlo~nl Agreement must be executed by bo h pan cs prior lo thc CITY nnd Ibc COb~' co~nmcncing ~ ith Ibc ~ork. sen'ices, d~ ics~ and tci~ni~llmci DEC 9 Page ~ cF5 -. F'9._ I~.~ 6.3 T~ Count' shall rc~ord this Intcrlocal Ajrccmcnt in fl~c o~cial rt:ords of Col~c~ Count' 3s ~n ~s p~cti~ble =Act nppro~t ~nd cx~tion by ~1~ p~nics. IN W]~SS ~E~, thc pnmcs hcrcm hn~ ~u~d this ]olm Projc~ Agrccmcnl Io ~ cxccutcd ~ ~ir Jpproprin~c o~cinls, as o~lhc dn[c ~t a~ wril~cn. AS TO THE COUNTY: ATTEST: DWIGh'T E. ~ROCK BO~,D 0~' coLrNTY CO,'vt'~SSIONI~IL~ COI.J. IER COUNTY, ~rLORiDA Approved as Io ~'orm and legal sulTicicnc7 t'or COLLIER COLrNTY: T:MOTB"Y L. HANCOCK, AICP CHAII~VJAN Hcidi AslltOn Assistant Counly Auorncy AS TO THE CITY OF NAPLES: THE CITY OF NAPLES Appro~":.d ns to form and legal suJTi¢icncT for CITY OF NAPLES: KEh'I'~TH B. CUYLER, ESQ, ROETZEL & Ah'D/LESS ATTORN'EY FOR TH~ CITY OF NAPLES BY: RJCHARD L. WOODRUFF. CITY MANAGER ATTEST: TAKA C. NORMAN DEPUTY CITY CLERJq Page 5 ors DEC 9 Pg.__J.L , EXECUTIVE SUMMARY REQUEST FOR BOARD TO ADOPT TIIE ACCOMPANYING RESOLUTION OPPOSING ttOUSE BILL 3185, RELATING TO CERTAIN RATEMAKING PROVISIONS OF INVESTOR-OWNED WATER AND WASTEWATER UTILITY SYSTEMS, BEFORE THE 1995 REGULAR SESSION OF TIlE LEGISLATURE. OBJECTIVE: To garner support of other counties in opposing proposed legislation initiated by investor, owned water and wastewater utility interests, which will materially affect the future rates of customers of regulated water and/or wastewater utilities in Collier County and other Florida Counties. CONSIDERATIONS: In April 1997, the Board adopted a similar resolution, joining with Hernando, Flagler, and Citrus Counties in opposing HB 1699 which contained statutory revisions related to "margin reserve" and "expanded recovery of environmental costs" for regulated water and wastewater utilities. HB 1699 passed the House, but was narrowly defeated in the Senate due in large part to Collier County's lobbying efforts. On December 1, 1997, HB 3185, containing the same provisions as HB 1699, was introduced by House Speaker Thrasher. This legislation will revise current Florida Public Service Commission (FPSC) utility ratemaking policy and defeat aspects of case law victories obtained by local regulators and consumers, compelling regulators to increase rates. The bill has three major, controversial provisions, each of which are unnecessary and potentially devastating to utility consumers. 1. Changes are applicable to utilities regulated by both the FPSC and counties that regulate rates of investor-owned water and/or wastewater utilities. The changes will not only be applicable to FPSC-regulated water and wastewater utilities, but those regulated by counties that left FPSC jurisdiction after January 1, 1980. 2. Unjustified increases in "future use" rate base paid for by current customers. Staff's position is that current customers should be required to pay only costs associated with providing them with water and/or wastewater service, while any extra or "excess" utility plant or facilities built in cost-effective increments should accrue reasonable interest and be collected from the future customers when, and if, they take service. The FPSC present policy is to allow current customers to pay for expected customer growth for only the next 12 months (of test year) for thc collection and distribution systems, and out into the future 18 months of investment for water and sewer treatment plant necessary to serve future customers. Staffcontends that this level of"margin reserve" is adequate; but the proposed legislation to increase rate base from 12 and 18 months out to 5 years or more, is arbitrary and capricious. The resulting increases would lead to automatic rate increases for any system not already "built out", and result in excessive, unjustified, rate increases for communities with even reasonable rates of projected growth. 3. Expanded recovery of "environmental" costs. Section 2 of the bill states "the commission shall approve rates for service that allow a utility to recover from customers the full amount of environmental costs." This provision mandates full recovery of all environmental costs without regard for whether the environmental equipment is used and useful to serve current customers. Staffcontends that this concept is flawed from a ratemaking perspective. The unacccptaable definition of"environmental compliance costs" is subject to abuse by utilities. Before long, every cost imaginable will be an "cnviromnental compliance cost." Should the above become law, ratemaking authorities would lose vast discretionary prerogatives now afforded in the rate application process. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION:~,That the Board adopt the accompanying resolution opposing the proposed legislation co/~iqed in HB 3185. PREPARED nY: ~~ DATE: /Z - 9*' -~: 7 D. E. "Bleu" Wallace, Manager, Office of Utility Regulation REVIEWED BY: ~ - ('. ~ DATE: { ~- -~ ~ ~ ~[ ~} ~omasff. Pa~lmer, Assistant County Attorney Michael A. McNees, Assistant County Administrator House BilLs - hb3185 represents underlined; words underlined are additions -{ }- represents stricken; words stricken are deletions http:/.A~3vw.serl, fm.edu/fla-leg/bills/house- 19<)8/hb3 ! 85.html House Bill hb3185 Correspg. nding Bill Information Bill as Printed 505-155B-98 A bill to be entitled An act relating to the Public Service Commission; amending s. 367.081, F.S.; authorizing the commission to consider contributions-in-aid-of-construction only under certain circumstances; providing construction; requiring the commission to approve rates for certain services under certain circumstances; providing construction; providing an effective date. HB 3185 Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (2) of section 367.081, Florida Statutes, is amended to read: 367.081 Rates; procedure for fixing and changing.-- (2) (a)+{1.}+ The commission shall, either upon request or upon its own motion, fix rates which are just, reasonable, compensatory, and not unfairly discriminatory. In every such proceeding, the commission shall consider the value and quality of the service and the cost of providing the service, which shall include, but not be limited to, debt interest; the requirements of the utility for working capital; maintenance, ':: I of 5 12/,t/'97 1:2:33 PM The Hott~ BilLs - hb3 I~5 htlp'~/www.~'ri.'fsu.cdu/rla-leg,/bills/ho,.~. ! 998/hb3185.html depreciation, tax, and operating expenses incurred in the operation of all property used and useful in the public service; and a fair return on the investment of the utility in property used and useful in the public service. However, the commission shall not allow the inclusion of contributions-in-aid-of-construction in the rate base of any utility during a rate proceeding; and accumulated depreciation on such contributions-in-aid-of-construction shall not be used 505-155B-98 HB 3185 to reduce the rate base, nor shall depreciation on such contributed assets be considered a cost of providing utility service. +{The commission shall recognize contributions-in-aid-of-construction only.when paid by a third party and actually received by the utility. 2. For purposes of such proceedings, the commission shall consider utility property, including land acquired or facilities constructed or to be constructed, to be used and useful in the public service, if: a. Such property is needed to serve current customers; b. Such property is needed to serve customers 5 years after the expected date of the commission's entry of a final order on a rate request as provided in subsection (6); or c. Such property is needed to serve customers more than 5 full years after the expected date of the commission's entry of a final order on a rate request as provided in subsection (6) only to the extent the utility presents clear and convincing evidence to justify such consideration. Notwithstanding the provisions of this paragraph, the 2 of 5 1214/97 12:30 PM Thc 1 iou.~ Bills - hb318~ h.p ://www.scri.fsu .cd u/fl a -lc ~fo i ll.,A~o ~ ~sc- ] 998/hb3 i 85 .htral commission shall approve rates for service that allow a utility to recover from customers the full amount of environmental compliance costs. Such rates shall not include charges for allowances for funds prudently invested or similar charges. For purposes of this requirement, the term "environmental compliance costs" includes all reasonable expenses and fair return on any prudent investment incurred by a utility in complying with the requirements or conditions contained in any permitting, enforcement, or similar decisions of the United States Environmental Protection Agency, the Department of Environmental Protection, a water management 505-155Bo98 HB 3185 district, or any other governmental entity with similar regulatory jurisdiction.}+ -{The commission shall also consider the investment of the utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time in the future, not to exceed, unless extended by the commission, 24 months from the end of the historical test period used to set final rates.}- Section 2. This act shall take effect upon becoming a law. 3 of 5 12/4/97 12:30 PM The House Bills - hb3 ! g$ http://www.scrl.fsu.¢,lu/I'la-i~g/billa/house. 1998/hb31 gS.htral 505-155B-98 HB 3185 HOUSE SUMMARY Authorizes the Public Service Commission to recognize contributions-in-aid-of-construction only when paid by a third party and actually received by a utility. Construes the term 'used and useful in public service' as applied to utility property for purposes of rate proceedings. Requires the commtssion to approve rates which allow a utility to recover environmental compliance costs. See bill for details. 4 of 5 12/4/97 12:30 PM I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 51 RESOLUTION NO. 97- A RESOLUTION OF COI.I.IER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW OF PROPOSED FLORIDA IIOUSE BILl. NUMBER 3815, '~¥IIICH BILL INTENDS TO ARB[TRARIL. Y REQUIRE TtlAT CUSTOMERS OF MANY INVESTOR OWNED WATER AND WASTEWATER UTILITIES WILL ilAVE TO PAY COSTS OF CAPITAL IMPROVEMENTS TIIAT SItOULD BE PAID FOR BY TIIE UTILITY'S FUTURE CUSTOMERS, AND WlllCll BILL WILL .OVER TIME REQUIRE TIIAT UTILITY CUSTOMERS MUST PAY FOR MANY ENVIRONMENTAL COMPLIANCE COSTS THAT SHOULD BE CtlARGED TO TIlE UTII.ITY'S STOCKHOLDERS WItEREAS, House Bill 3185 (HB 3185) has been proposed recently for enactment into law by action of the Florida Legislature; and WItEREAS, proposed HB 3185 applies to the Florida Public Service Commission and to all Florida counties that now regulate, or hereafter will regulate, the rates of investor owned water and wastcwater utilities; and WHEREAS, a primary purpose ofproposed lib 3185 is to have "considered" for inclusion into a utility's rate base as "t,scd and useful in thc public service" utility property, including land acquired or facilities constructed or to be constructed ifsuch property is needed to serve customers five (5) years (or more than 5 years in some cases) after the expected date of the final order issued in the respective rate increase application proceeding; and WIIEREAS, another primary purpose of proposed liB 31 $5 is to charge the utility's customers the full amount of"environmental compliance costs" which costs include, but are not limited to, all reasonable expenses and fair return on an)' prudent investment incurred by the utility in complying with the requirements or conditions contained in any permitting, enforcement, or similar decisions of an.',' federal, state, or local governmental agency with environmental compliance jurisdiction; and WIIEREAS, proposed HB 3185 unnecessarily and arbitrarily restricts each county's now existing discretion to consider the merits of approving or disapproving the utility's appropriate "margin reserve" and in determining what "environmental compliance costs" should be paid by the utility's customers and which should be charged to the utility's stockholders. NOW, TtIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 6 7 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The Bo,qrd of County Commissioners of Collier County, Florida, opposes passage of proposed lib 3185. I Thc Board of County Commissioners of Collier County, Florida, requests Ihat its local Legislative Delegation actively oppose enactment into law of proposed HB 3815. The Florida Association of Countles may utilize tMs Resolution as it deems appropriate to oppose enactment into law of proposed HB 3185 and any substantially similar Senate Bill(s). THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this ~ day of ,1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. By:. Deputy Clerk Timothy L. Hancock, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION TO CONSIDER AND APPROVE SETTLEMENT OF ROOKERY B,4~F UTILITY CO. v. COLLIER COUNTY, CASE NO. 96-1- CIV-FTM-23D, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ~ To obtain Board consideration and approval of settlement of a lawsuit styled Rookery Bay Utility Co. v. Collier County, pending in the United States District Court for the Middle District of Florida, Case No. 96-1-CIV-FTM23D. CONSIDERATIONS;_ In January of 1976, Rookery Bay Utility Co. ("Rookery Bay") sued Collier County in United States Distr/ct Court for the Middle District of Florida alleging that the County was taking its property, i.e. wastewater service territory, without just compensation. Rookery Bay sought an injunction and damages as well as attorney's fees. The dispute centered around Rookery Bay's rights under a certificate to provide wastewater service in certain designated areas of Collier County. This certificate had been issued by the Florida Public Service Commission in 1986. Shortly after the lawsuit was filed, Collier County reassumed regulatory jurisdiction over water and wastewater service providers in Collier County (other than the Collier County Water-Sewer District) from the Public Service Commission. A franchise was granted to Rookery Bay by the Collier County Water and Wastewater Authority and was approved by the Board of County Commissioners. This franchise was subject to all defenses the County had raised in the lawsuit, but still allowed Rookery Bay to continue to provide wastewater service within the same geographic boundaries that it had been serving while under the regulatory auspices of the Public Service Commission. During the course of discovery in the lawsuit, it was determined that Collier County was, pursuant to contracts with Rookery Bay, serving two customers within Rookery Bay's franchise area. The County had historically intended to serve the entire Rookery Bay area. Nevertheless, as noted above, Rookery Bay had a Public Service Commission Certificate since 1986 and at least one Florida court has held that such a fight to provide service was effectively a property right, provided the utility remained ready, willing and able to serve its customers. Various issues also arose during the course of the litigation concerning Rookery Bay's ability to be ready, willing and able to serve its customers, especially in light of problems it was having in the reapplication process for an operating permit from the Florida Department of Environmental Protection. Eventually, Rookery Bay's reapplication for the operating permit from the Florida Department of Environmental Protection was denied, and proceedings have now commenced under the Collier County Water and Wastewater Authority Ordinance, On[ No._ 1 0 9 t997 require Rookery Bay to show cause why its franchise should not be revoked. For its part, Rookery Bay has been in the process of seeking a buyer of its wastewater service territory and wastewater operation. The plan would be for that buyer to cure all problems as required by the Florida Department of Environmental Protection and continue to operate the banchise. A hearing on this matter is scheduled before the Collier County Water and Wastewater Authority in January, 1998. The settlement that is being recommended provides for the County and County Water and Wastewater Authority to continue to enforce its Ordinance and regulations with respect to Rookery Bay's operation. The Florida Depaxtment of Environmental Protection also remains free to enforce its regulations against Rookery Bay as necessary. The County will pay no money to Rookery Bay under the terms of the settlement. The County will retain the two customers it is currently serving in Rookery Bay's territory. Rookery Bay will, in turn, dismiss its federal court lawsuit with prejudice and also will agree to transfer approximately 20 acres of land currently within its franchise area to the County Water and Sewer District. Rookery Bay will also provide the County with a release. The settlement and release will be binding upon Rookery Bay and any successor that operates the Rookery Bay franchise. Although not provided for in the specific terms of the Settlement Agreement and Release (a copy with exhibits omitted is attached), Rookery Bay's attorneys have agreed that at any subsequent hearing for a transfer of its franchise, the County may move to require any successor to agree to abide by the terms of the Settlement Agreement and Release. That hearing, of course, would be before the Collier County Water and Wastewater Authority. The value of this settlement to the County is that it buys peace in a lawsuit that may take years to resolve. Further, the County could possibly be held responsible for certain fees and costs of Rookery Bay if it failed to prevail in the lawsuit. The County gets to retain its customers, which it could lose if Rookery Bay prevailed in the lawsuit. Finally, the County will retain its ability to enforce its Water and Wastewater Authority Ordinance and ensure that Rookery Bay's franchise is operated in accordance with that Ordinance. FISCAL IMPACT: By settling the lawsuit, the County will avoid expenditure of expert witness fees in the neighborhood of $15,000 as well as other costs associated with trial of the lawsuit. Those costs would likely be $20,000 inclusive of the expert witness fees. The County will also be able to retain the two customers it is currently serving within the Rookery Bay franchise area. There will be a fiscal impact to the County to the extent owners of properties within the Rookery Bay area for which sewer impact fees have been paid may successfully petition for refund of those fees. Regardless of the lawsuit, however, such a petition process is contemplated and provided for by the County's Sewer Impact Fee Ordinance, at least to the extent that there is no specific approved plan to connect those properties by December 31, 1997. (~ROWTH MAN.S, GEMI~NT IMPACt: None. 2 AGENDA ITEM DEC 0 B97 R.ECOMMENDATION: That the Board of County Commissioners consider and approve the Settlement Agreement between the County and Rookery Bay and authorize the Cl~rm~n to c'xeaute the Settlement Agree'merit and Release attached to this Executive Summary. Submitted by: Michael W. Pettit, Assigtant County Attorney Reviewed by: Ed Ilschner, Administrator, Public Works Division Reviewed by: '7 "7 Date/ -7 /Dat¢~' David C. Weigcl /-) County Attorney Date: EXSUMRookcryBayl124 AGENDA IT.EM No. ct/'~. - DEC 0 ~1 1597 r=._ '~ ,, SETTLEMENT AGREEMENT AND RELEASE Release") This Settlement Agreement and Release ("Agreement and is entered into and made on this day of 1997 by and between Rookery Bay Utility Co. ("Rookery Bay"), a Florida corporation, and Collier County, Florida {the "County"), a political subdivision of the State of Florida (for purposes of this Agreement and Release only, the Collier County Water-Sewer District, a separate political subdivision of the State of Florida, whose governing board is the. Board of County Commissioners for Collier County, Florida, is also intended to be included within the term "County" and is deemed to be a party to this Agreement and Release). WITNESSETH: %VHEREAS, Rookery Bay has filed an action against the County in the United States District Court for the Middle District of Florida, and that action is styled Rookery Bay U~ility Co. v. Collier County, Case No. 96-1-CIV-FTM-23D (hereafter referred to as the "Lawsuit"); WHEREAS, Rookery Bay has alleged various claims, events, acts and omissions in the Lawsuit and the County has filed an answer and affirmative defenses; WHEREAS, Rookery Bay and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, kno~rn or unknowT%, asserted or that could have been asserted by Rookery Bay i.n . the AGENDA ITEI~!" No. 0 Lawsuit, including but not limited to all claims for damages, inverse condemnation, equitable relief, attorney's fees, costs, or expenses of any kind whatsoever, and also desire to fully and finally resolve any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Rookery Bay's operation of a wastewater utility in Collier County, Florida or the events or conduct referred to in the complaint filed in the Lawsuit against the County except for those matters excepted from the scope of this Agreement and Release as is more fully set forth below; %'I{EREAS, Rookery Bay and the County desire to reduce their settlement of the Lawsuit and all other claims that could have been asserted in the Lawsuit or that relate in any way to or arise directly or indirectly from Rookery Bay's operation of a wastewater utility in Collier County, Florida or the events or conduct referred in the complaint filed in the Lawsuit to a writing so that it may be binding upon Rookery Bay and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, current and former elected officials, officers, directors, owners, agents, representatives, attorneys, insurers, sureties and affiliates (the term affiliate is deemed to include, with respect to Rookery Bay, Spade Engineering, Rookery Bay Utility and any other company associated, affiliated or related in any way to Rookery Bay); NO%V, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Rookery Bay and the County mutually agree to the following:- 2 AGENDA I'E£M No. q(~\ 0 9 1. Rookery Bay and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as 'Whereas Clauses", by reference into this Agreement and Release. 2. Rookery Bay agrees that the County shall continue to provide wastewater service to the Shell Station or any successor thereto or expansion thereof, located at 7130 Isle of Capri Road, Naples, Florida 34114 (street address; see also the assessment map attached hereto as Exhibit 1). Rookery Bay also agrees that the County shall continue to provide wastewater service to what is currently known as the Paradise Point RV Park/development and all future phases of the Paradise Point RV Park/development or any successor thereto or expansion thereof, which is located at 14500 Tamiami Trail East, Naples, Florida 34114 (street address; see also the assessment map attached hereto as Exhibit 2). 3. Except as agreed in Paragraphs 2 and 4 of this Agreement and Release, the County agrees to and hereby does waive and abandon any contractual right or claimed contractual right it may have to provide wastewater service to any entity located within the boundaries of Rookery Bay's wastewater service territory as that territory exists upon the effective date of this Agreement and Release and is defined by Rookery Bay's grandfathered certificate, Wastewater Certificate No. 06S (sometimes referred to herein as the "Certificated Area"), issued in accordance with Collier County Resolution No. 96-469 and Collier County Ordinance No. 96-6 and the rules, regulations and procedures of the Collier County Water and Wastewater Authority. 4. Rookery Bay agrees that the County shall have the right to serve the entire Fiddler's Creek Community Development District as it exists upon the date this Agreement and Release is executed by the Chairman of the Board of County Commissioners AGENDA ITEM of No. 94 ] _ CEC 0 9 Collier County, Florida. The County and Rookery Bay agree that, to the extent the boundaries of the Fiddler's Creek Community Development District are expanded after that date, nothing in this Agreement and Release shall automatically entitle the County to provide wastewater service to the expanded area without the agreement of Rookery Bay or any successor. Rookery Bay further agrees that it shall, upon written request from the County, appear before the Collier County Water and Wastewater Authority and act to delete from its Certificated Area the necessary acreage (see legal description attached as Exhibit 3) to allow the County to provide wastewater service to the Fiddler's Creek Community Development District within the boundaries of that District as they exist upon the date this Agreement and Release is approved by the Board of County Commissioners of Collier County, Florida. 5. Except for any claim to enforce the terms and conditions of this Agreement and Release, Rookery Bay, on behalf of itself, its officers, directors, owners, employees, former employees, successors, predecessors, affiliates, heirs and assigns, shall and hereby does fully, finally and unconditionally release, acquit, remise, satisfy and forever discharge the County, its predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, directors, owners, agents, representatives, attorneys, insurers, sureties and affiliates from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, reckonings, accounts, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, whether legal or equitable and whether known or unknown which Rookery Bay has or could have asserted in the Lawsuit, or~w]~Ik~ENDA,T£M 4 CEC O J IS97 ~ookery Bay now has or may have against the County, whether legal or equitable and whether known or unknown, arising out of or relating in any way to the claims or allegations made in the Lawsuit, or,that could have been made in the Lawsuit. 6. Except for any claim to enforce the terms and conditions of this Agreement and Release and except as provided in Paragraph 8 of this Agreement and Release, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Rookery Bay, its predecessors, successors, heirs, assigns, employees, former e~ployees, officers, directors, owners, agents, representatives, attorneys, insurers, sureties and affiliates from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, reckonings, accounts, covenants, charges, damages, Oobligations, liabilities, contracts, promises, judgments, executions, claims, or demands, whatsoever, whether at law or in equity and whether known or unknown, which the County had, now has or may have against Rookery Bay, whether known or unknown and whether legal or equitable, arising directly or indirectly out of or relating in any way to the Lawsuit or claims that could have been made in the Lawsuit. 7. Rookery Bay and the County each agree to waive and release and hereby do waive and release the right to seek payment from one another of their attorney's fees or costs incurred in the Lawsuit. 8. Rookery Bay acknowledges and agrees on behalf of itself and any successor that it shall not use or refer to this Agreement and Release as a basis to oppose any action of or ~ remedy sought by the County/County Water and Wastew .~tcr AG£NDA I~'£M Authority in accordance with Ordinance No. 96-6 or any amendllentNo. or successor to that Ordinance. Rookery Bay also acknowledges and agrees on behalf of itself and any successor that it shall not use or refer to this Agreement and Release as a basis to oppose any action of or remedy sought by the Florida Department of Environmental Protection or any other federal, state or local agency, authority or government that has or may come to have regulatory/legal jurisdiction or authority of any kind over Rookery Bay's or any successor's wastewater utility, wastewater service territory or the Certificated Area. 9. Rookery Bay and the County agree that immediately upon execution of this Agreement and Release by the County, Rookery Bay shall file a Stipulated Notice of Voluntary Dismissal With Prejudice of the Lawsuit following approval of the form of that Stipulated Notice and execution by the Office of the County Attorney. 10. Rookery Bay agrees to comply with all county, state and federal laws, ordinances and regulations in the event it ever intends to abandon its service territory/wastewater facilities or any portion thereof, and additionally, agrees to provide the County Public Works Administrator with 180 days written notice of any such intent to abandon. 11. Rookery Bay and the County agree that this Agreement and Release constitutes the entire agreement between Rookery Bay and the County and that there are no other agreements, oral or written, between them relating in any way to any subject of this Agreement and Release. In this regard, Rookery Bay and the County agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous term or provision hereof is to be construed more strictly against the party that drafted/physically prepared the Agreement and Release. R~ 6 Pg. % Bay and the County further agree that this Agreement and Release supersedes and replaces all prior agreements and understandings with respect to the subject matter of this Agreement and Release. 12. In'the event of an alleged breach of this Agreement and Release, Rookery Bay and the County hereby agree that the claims asserted or that' could have been asserted in the Lawsuit are hereby extinguished and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Rookery Bay and the County further agree that the sole venue for any such action for specific performance shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 13. Rookery Bay and the County agree that this Agreement and Release shall be governed by the laws of the State of Florida. 14. This Agreement and Release shall be binding upon the predecessors, successors, transferees, affiliates (including but not limited to Spade Engineering) heirs, and assigns of Rookery Bay and the County. 15. The term "successor" as used in this Agreement and Release is agreed to also include the terms "assign", "affiliate", "transferee", or "heir" as the context may warrant. 16. The effective date of this Agreement and Release shall be the date it is executed by the Chairman of the Board of County Commissioners of Collier County, Florida as appears below. IN %VITNESS %VI-IEREOF, Rookery Bay and the County have entered into this Agreement and Release on the day and year first above written. AGENDA I/EM No. CP 'I _ c ZC 0 5 ';397 DATED: ATTEST: DWIGHT E. BROCK, Clerk Printed/Typed Name ,,--r Ptinted. rrypcd Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT By: TIMOTHY L. HANCOCK, Chairman Dale Exccuted ROOKERY BAY UTILITY CO. By: ' ' _M,t~ PRISCILLA SPADE,'President /"2; Da~c Exceuled (corporate seal) Approved as to form and legal sufficiency: Michael W. Pettir Assistant Counly Attorney AGENDA ITEM No. pg.=_ Charles W. Schueddig. Housing Management Will/am E. Ebben - Corporate Executive 12l~,_~: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 4, 1999, on the Collier County Government Productivity Committee. ~CON$IDERATION~: The County Government Productivity Committee has I vacancy due to the resignation ofDavid R. Craig on September 17, 1997. This 13 member committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. Terms are 2 years. A list ofthe current membership is included in the backup. A press release was issued and resumes were received from the following 3 interested citizens: 3 yes 2 yes Clark Dunn - Sales & Administrative Management 2 yes ~COMMENDA~: The cornm[ttee formed a subcommittee to review the applicants and were scored as follo~,s: IMPACT: NONE William E. Ebben I Charles W. Schueddig 2 Clark Dunn 3 ~~1~~~~~: NONE ]~F~COMMENDATI0~__~: That the Board of County Commissioners consider the recommendation for appointment and 1 member 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 Commissioners Agenda Date: December 9, 1997 AGENDA ~M r o. 13E:C 0 9 1997 Memo Tknothy Hancock, Chairman, Board of Commissioners, Commissioner District 2 /11 Gary V'~cent, Budget Analyst 11, ~'~] Staff Uaison to ~e Productivity ~ee Sue Filson, Administrative Assistant to the Board of County Commissioners November 26, 1997 Recomrnendation for New Committee Member The Collier County Govemment Productivity Committee has reviewed the appficat~ons for the currently vacant position on the commfltee. The applicants were evaluMed based on their potential contribution to the committee and are listed below in order of preference. William Ebben - No. 1 Mr. Ebben has thidy-seven years of leadership and management experience in AT&T. His most recent position was Vice President and Chief Real Estate Officer. Other positions include: Group Vice President - Contract Services O~anization, responsible for AT&T's $8.5B of purchasing, payroll, accounts payable, and all corporato education & training; Executive Vice President - AT&T Information Systems; Executive Vice President - Operations for Padfic Northwest Bell (30,000 employees); and Vice President and General Manager of Michigan Bell (33,000 employees). Education: MBA 1966. Charles Schuedd~ - No. 2 Mr. Schueddig has nineteen years expeflence as a Housing Management Specialist with the U.S. Government. He was responsible for policy, budgeting, occupancy, maintenance, renovations, and supervision of 130 personnel. He also has over 7 years experience as an Army. Engineer Officer. Education: BA in Industrial ~'ls 1968. Clark Dunn - No. 3 Mr. Dunn has 29 years of Sales and Administrative Management experience with various corporations. He currently owns and manages his own residential cleaning business. Education: Business Degree 1961. All applications are on file in the Off'~ce of Management and Budget. Please call 774-8810 If you require additional information · Page I DEC 09 1997 ._%?__- Ms. Sue Fil~on, Administrative Assis'~nt Bonzd of County Commissioners 3301 Tavniavrfi Trail Fast Naples, FL 34112 Re: Collier County Government Productivity Committee Vacancies Deav Ms. Filson: A subcommittee was formed to review the resumes of applicants applying in response to your press release for the vacancy on our Advisory Committee. Those applicants were reviewed and have been scored considering their potential contribution to the committee. These scores ave as follows: William Ebben No. 1 Charles Schucddig No. 2 Clark Dm'm No. 3 If you should have any questions please feel free to give me a call. J~ck G. McKenna, P.E., Chairman Collier County Productivity Committee WP-I I-0.t~K)G.LTR No._/__c/ - DEC 09 1997 ),l'~In ~ 7400 T~ Trail N., St.Crc 200, Naples, lqodda ~110g · (941 ) 597-3111 · IAX: (9,11 ) ~.2203 ~ Comaty: 1625 Hergk'y $c, $~ite 101, Fort My~ Florida 3~)01 · (941) 33~l.1173 · FAX: (941} 334-1175 Name County Government Productivity Committee Work Phone Home Phone Job. n IL Schoemer 6075 Pelican Bay Blvd., #501 566-2483 Naples, FL 34108 District: 2 Category: Accountant/Businessman Jack G. McKcn.na 597-3111 107 Frame Vine DHvc 597-15~ Naples, FL 34110 District: 2 Category: Engineer Bill L. Ncal 3839 Clipper Lane 774-6325 Naples, FL 34112 District: 4 Category: Retired Businessman John E. Stoc~on 2230 Roya/Lane 774-0902 Naples, FL 34112 District: 1 Category: Retired Businessman Marlo E. Delgado 3841 3 Ist Avenue, S.W. 455-0242 Naples, FL 341 I7 District: 5 Category: Economics/Business Adrain. Bernard L. Weiss 13455 Pond Apple Drive 594-7772 Naples, FL 34119 District: 5 Category: Retired General Edward V. Ott 5912 Cranbrook Way H-206 775-09~8 Naples, FL 34112 District: 1 Category: Attorney Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term 01/28/97 02/04/99 2 Year~ 03/08/94 02/04/96 2 Years 2/26/96 02/04/98 2 Years 11/07/95 02/04/96 3 Mo. 1 Inl95 02/04198 2 Year~ 11/07/95 02/04/96 2 Mo. 1 I/7/95 02/04/98 2 Years 09/16/97 02/04/99 2 Years 03/26/96 02/04/98 2 Years 01/28/97 02/04/98 I Year Wedneaday, October 15, 1997 Pstge I ~ $ DEC 09 1997 County Government Productivity Committee Name Edward T. Ferguson 215 Silverado Drive N~ples, FL 34119 Oistrlct: 3 Category: Business Mgmt/Education Karl J. Otto 693 Seaview Ct., SSE A-704 642-3798 Marco Island, FL 34145 District: I Category: Retired Engineer Robert D. Lakd 1765 Courtyard Way, #205-C 793-0933 Naples, FL 34112 District: I Category: Real Estate/Insurance Daivd R. Craig (es~5'''q/°t'V1Aq 261-2624 3106 N. Tamiami Trail #261 Naples, FL 34103 District: 4 Category: Business Management Barbara B. Berry 774-8097 3301 E. Tamiarni Trail Naples, FL 34112 Distr/ct: 5 Category: BCC Vice Chairman Charles E. Getler 6855 Sa~ Marino Ddvc 598-1860 Naples, FL 34108 District: 2 Category: Business Management Work Phone Appt'd Ex~. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 02/28/95 02/04/97 2 Years I/7/97 02/04/99 2 Yearn 11/07/95 02/04/96 1 I/7/95 02104/98 3 Mo. 2 Years 07/16/96 02/04/97 l/7/9 7 02/04/99 I Year 2 Year~ 02/02/93 02/04/95 I/7/97 02/04/99 2 yearn 2 Year~ 01/07/97 01/06/98 I Year 07/I 6/96 02/04/97 1/7/97 02/04/99 1 Year 2 Year~ We~n.~t_..y, Octat~r 15, 1997 AGENDA I T.~I~ 05 I997 County Government Productivity Committee R/ork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Th!s 13 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. 93-13 & 96-10) to re'view the efficiency of departments of County Government under the jurisdiction of the BCC. Terms are 2 years. Staff: Sheila Leith, Budget Analyst: 774-8578 Wcdn~lay, October 15, 1997 DATE: TO: FROM: ~EMORANDUM October 20, 1997 Vinell Hills, Elections Office ,~, Sue Filson, Administrative Assistan~ Board of County Commissioners OCT 159'/ RE: Voter Registration - Advisory Board Appointments Thc Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COU94TY GOV'T ?RODUCTIVITY COMMITTEE. COMMISSIC~N DISTRICT. Charles W. Schueddig I54 Gabriel Circle, #1 Naples, FL 34104-5336 William E. Ebben 15287 Devon Green Lane Naples, FL 34110 Clark Dunn 627 98th Avenue, N. Naples, FL 34108 Thank you for your help. D£C 0 9 1997 Pg._7 -- MEMORANDUM DATE: October20, 1997 TO: Sheila Leith, Budget Analyst FROM: Sue Filson, Administrative.Assistan.~. Board of County Commiss~oner~ RE: County Government Productivity Committee A~ you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Charles W. Schueddig 154 Gabriel Circle, #1 Naples, FL 34104-5336 William E. Ebben 15287 Devon Green Lane Naples, FL 34110 Clark Dunn 627 98th Avenue, N. Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. Ifyou have any questions, pleas~ call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA IT£M .o._ 70 nEC 05 1557 Pg. ~ C. ~. Sch,edcl~ 154 Gabriel ETrcle. # I..Vavtey. tr'L $JI04 Td. & Fax.Vt: (~41) 352-0102 Sue Filson, Administrative Assistant Collier County Board of Commissioners Naples, FL 34112 Fax ft. 774-3602 17 October 1997 Sub_iect: Advisory_ Board Member Position to County_ Government Productivity_ Committee OR Development Services Advisory_ Cemmittee Dear Ms. Filson, This letter Is submitted in response to the announcement in the Naples Daily News regarding openings on the following advisory boards: County Government Productivity Committee or, Development Services Advisory Committee I would like to submit my name for a position on either committee. I am a full time resident of Collier County since April 1995. A brief resume is attached for your review. Since I am sending you this fax via my computer modem, ! cannot sign this letter. If you need a signed copy, please let me know and ! will rna~ you a copy with my signature. Sincerely, Charles W. Schueddlg AGEN9~ No._ DEC 09 L 97 Pg- Candidate for Advisory Board Member Position on County Government Productivity Committee OR Development Services Advisory Committee Name: Charles (Chuck) W. Schueddig Address: 154 Gabriel Circle. # 1 (Sapphire Lakes) Na~le$. FL 34104-5446 (941) 35243102 Born: 14 Janur-ay 1944, St. Louis, MO Education: 1968. Bachelor of Arts Degree in Industrial Arts, Minored in Art Appreciation. San Jole State University, San Jose, CA 1968. Engineer Of'rE:er Basic Course. US Am'ry, Fort BeK~r. VA 1972. Engineer ofr'~=er Advance Course, US Army. Fort Betvoir. VA 1982. Command & General Staff CoiL, ge, US Army, Fort Lea~nworth, KS Attended numerous housing management, personnel, exect~.~ and resource management courses wh~e working as a US NTW civiFmn employee. Background & Experience: 1975-1994 (19 years) civil service W~th the US Govem~ as a Housing Management Specialist for the US Army in Franld~Jrt. Germany. Served in a vadeCy o( positions to include being ~ Installation/Base Housing Manager for the Frankfurt Military Community with responsibil~ for over 3,500 government owned and leased family housing units, 5,800 bache~ quarters, a 375 bedspace hotel facility and over 3,000 o~t'-po~t housing un~.. Managed approximately 130 personnel (US military, Army civilian and mufti-national wod(fort:e). Raspomible fo(' staff administration, assignment and termination o( housing units, l:X~',cy, fac~T4y rnaintenance and repairs, furnishings, renovation and p,-ogramming d houling funds. Wo(lced ofte~ in estal~ishing manl:x:~,,er requirements and job delcrlptio~s. 1968.1975 (7 and 1/2 years) military service and e:~,derx:e as an Oflfcer in the US Army, ~ o( Engineers, with assignments in t~e U.S., V'K~3am and Germany. Served in a variety cX leadership and managerial po~ition~ to include combat and com:~ engineering, suppCy and logistic management, training and education, operations and l:WT, onnel ~ at various levels of c~mmand (company, battalion and brigade).. Managed apCxoximatu, Cy 125 rnail3zy (officer and enlisted) personne~ as a Company Commander in ~ a combat and non-combat erwtrOrVT~ Professional Organizations: Professional Housing Management Association, and cun'en~ Director, C-arr~ C3ub at Sapphire Lakes Condominium Association. Inc. Hobbles: Swimming, tennis, scuba diving, travelling, woodwo~ng, co31dng AG E blO~I T~M NO._ _//~/,./~'7 - DEC 09 m01 Personal Keferences: John L. Booth (Colonel, retired, US Army) 56 Hope Road Tinton Falls, NJ 07724 (90 ) 345-1134 Richard V. Comiso (Lieutenant Colonel, retired, US Army) 938?. Saddlemount Court Springfield, VA 22153 (703) 455-2632 William Kent Eldridge (TN Dept of Safety) 227 Craighead Ave. Nashville, TN 37205 (615) 383-1819 Kenneth D. Krier (Attorney) cio Cummings & Lockwood 3001 Tamiami Trail North Naples, FL 34103 (941) 262-831 ~ Kim Pascali (District Manager) c/o H & R Block T~ Services 2318 Pine Ridge Road Naples, FL 34109 (941) 435-0167 , OCt.,. ~t 7. g7 October 17,1992 FAX: 774-8828 (Three pages including this one) Ms. Sheila Leaf Sheila: As discussed with you over the phone the other day, I would be interested in seeking appointment to the County Government Productivity Committee. e Attached is a resume that I compiled about a year ago just before I retired from AT&T. I ha~'e been living here in Naples since Sept. 21, 1996 at 15287 Devon Green Lane, 34110 (Zip) with telephone and fax at 513-0936. Thank you. DEC 09 1997 Ol3: 10A lt1 '~? O~:D=J ' ACCOIViPLISRIYiENTS: Wtllhtm ~ Ebben $ Girrlfon IAne P.02 for trn?,tll ~uk~ Eib=, N~v ~crs~ 9/9:t - o ]Vfa~6 1 ~0 million sq~xr, f~t oFAT&T's r~d .si4~ intcr~ts ia~ludin~ all u~ propert7 :ntu~S~ sd~aisinIiv~ s~,~m, l/~g. Design ~ ~~o~ AT&T'I ~~ ~i~ ~ h ~y lt~ ~ e~ to ~ ~cy co~ whfc~ to Group Vic~ ?mldent - Contrsct $Jr~lcu Or~s3g~tton ~orke~/HeiSts, New $cr~ ¢orporst~ Vice Fmidat · AT&T Forum Hopewcll, Now Jersey 4,'~$ - 12J15 AGENOA ITAM No SEC 0 9 1997 Pg o_.~ OC~-17-97 OB: IOA Ez~c~ti~e Vlce Pr~ld~ut · AT&T Iuformifioa Syltmi Pmipp~y, N~w 9//8 · 10/12 Chici'O~ Officer i'or o,z of~o 13 B,II STorm 0I~'.~ Comp,aiej. Hid ova. Il profit ~ Mrvic~ rtspo~ibilit,/for 41 upecu ofthb 30,000 employer c~mpaaT. Vl,~ Plmld~t and G~ersl Msaal~r 3/'77 - 9ri8 VJ~ ProoiCltnt - Op4rttious, Sta~ Iud Ch Eusi #r 5/'/{5 - 3/77 3/'73 - 4/7~ 12/70 - 3/73 From 19f8 ~ 1970, held vsr{o~ n~l~'vlsory and ulaall~ pO~J~olll hi tho ~gi~c~iug, F,~uctflon,, U~ivuilt7 of IX'~t~, Dr~i~, MI: B$1Vit, 19~8; MBA, 1~. Nor~w~m~'u Uuivmi~, Ev'mf~n, iL: Pru~rn tbrM~ IZk'~l~mt, Cul~ou Cull,lc, Nor',~,~ld, MIV: At~ Proi:rmm for Mgun. IX"v~l~ea~, 1969. Feuwi~ lti~ $¢hoo1, Osk Putt, iL, 19f3. P.03 ~ U. S. Army In/hurry. Aciivo 1959.60; R,~m.v, 1~60.66. lttefer~a~es svt~ble upc~ rcqu~n. AGENOA IT_gM DEC 09 1997 '7 October 11, 1997 SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL E. NAPLES, FL. 34112 DEAR SUE, THANKS FOR YOUR HELP ON THE PHONE YESTERDAY. I'M NEW TO THIS & I APPRECIATED YOUR DIRECTIONS- I AM ENCLOSING A BRIEF RESUME AS MY APPLICATION FOR APPOINTMENT TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. I HAVE BEEN A RESIDENT OF COLLIER COUNTY FOR FIVE YEARS. CLARK DUNN 627 98TH AVENUE N. NAPLES, FL. 34108 941-594-0151 CLARK DUNN AG E NI~A.,.~ T/.~I .o. DEC 09 1997 RESUME CI2d~K DUNN 627 98TH AVENUE N. NAPLES, FL. 34108 941-594-0151 GRADUATED FROM UNIVERSITY OF NOTRE DAME, JUNE,1961, WITH A BUSINESS DEGREE. FROM JUNE OF 1961 TO DECEMBER OF 1992, I HELD SALES, SALES MANAGEMENT & ADMINISTRATIVE MANAGEMENT POSITIONS FOR VARIOUS CORPORATIONS. MY STRENGTHS ARE PEOPLE SKILLS, DETAIL & ADMINISTRATION. THE LAST FIVE YEARS I HAVE WORKED IN & MANAGED MY OWN RESIDENTIAL CLEANING BUSINESS, WHICH I PLAN ON MAINTAINING FOR THE FORESEEABLE FUTURE. EXECUTIVE SUMMARY PETITION NO. PUD-82-6(3), GRANITE DEVELOPMENT, L.C., REQUESTING AN AMENDMENT TO THE SABAL LAKE PUD, ORDrNANCE 82.4 I, AS PuMENDED, FOR THE PURPOSE OF MODIFYING SECTION 4.5 PERTAINING TO SETBACKS AND IN PARTICULAR SEPARATION BETWEEN PRINCIPAL AND ACCESSORY STRUC-'2LIRES, FOR PROPERTY LOCATED ON RADIO ROAD (C.tL 856) APPROXIMATELY ½ MILE EAST OF SANTA BARBARA BOULEVARD, IN SECTION 4, TOWNSHIP 50 SO.II'pti, RANGE 26 EAST. This petition seeks to have the Sabal Lakes PUD amended to clarify provisions of the PUD document relative to the setback for accessory structures, and the minimum space between principal and accessory structures. CONSIDERATIONS: Sabal Lakes is located on the south side of Radio Road, one-half (1/2) mile east of Santa Barbara Boulevard. The current provisions of the Sabal Lakes PUD are unclear relative to the sideyard setback for accessory structures (i.e. pool enclosures or lanai's) and the required space between an accessory and principal structure. This amendment would definitively establish a separation between an accessory structure like a pool enclosure and a principal building of five (5) feet. The amendment will also establish a minimum of ten (10) feet between any two accessory structures. A number of existing home sites have been developed utilizing the amendment standards, which fltrough administrative interpretation, have been deter-alined to apply to development within the PUD. The problem lies in the fact that unless clearly enunciated in the PUD, the issuance of every building permit presents the necessity to make an administrative interpretation resulting in an unnecessary labor intensive activity. The amendment would i-¢aiove this degree of uncertainty and allow the building permit issuance process to function more expediently. No person should be adversely affected by th~se revisions, inasmuch as currently developed home sites utilized the same standards that are now definitively described in this amendment. The application of these standards is not precedent making and in fact several PUD's in Collier County authofiz..- accessory structures, typically pool enclosures to locate within five (5) feet of an adjacent home, and in some cases to the wall of the adjoining residence. These standards are not injurious to public safety and health, but rather represent standards of personal enjoyment as reflected by individual PUD's and their marketing strategy. 1 DEC 0 1997 It would do well to reflect upon the fact that setbacks have their genesis on ensuring that we do not prevent the penetration of daylight, nor the circulation of air to and around properties and those adjoining A pooI enclosure or screened-in area simply provides a way of enclosing space, while retaining it~ open space character, and therefore does not inhibit the penetration ofdaylight and air circulation. It further encloses recreation space in a manner that maximizes it's use, but nonetheless, does not prohibit the recreational use of one's property to the limits of one's ownership. For these reasons s~affis of the opinion that how individual developments deal with recreational space, and its relationship to an adjoining property, is an individual project decision without prejudice to any loss of ~und community planning standards. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building p~rmits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions &the Growth Management Plan cannot have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD 82-6(3) having the effect of amending the Sabal Lakes PUD be approved as described by the draf~ Ordinance of Adoption. RONALD F. NINO, AICP CHIEF PLANNER REVIEWED BY: DATE DATE ERT J. MULHERE, AICP CURRENT PLANNING MANAGER DONALD W. ARNOL"D, ~.ICp DATE ~tI~C'Ei~T A. cAUTERO'; ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL $VC$. RNI EX SUMMARY/dm 3 DED 0 9 1997 AGENDA ITEM 7-H TO: COI.LIEP, COUNTY PLANNING COMMISSION FROM: COMMLq~TY DEVELOPNfENT SEKVICES DMSION DATE: OCTOBEK 14, 1997 PETITION NO: PUD-g2-6 (3) SABAL LAKES OWNER/AGENT: Owner/Agent: C_rreg Wardenberg Granite Developmint, L.C. 801 Laurel Oak Drive, Suite 700 Naples, Florida 34108 REOUESTED ACTION: This petition seeks to have the Sabal Lakes PUD amended to clari~y provisions of the PUD document relative to the setback for accessory structures, and the miNmum space between principal and accessory structures. GEOORAP~tI¢ LOCATION.' Sabal Lakes is located on the south side of Radio Road, one-half (1/2) mile east of Santa Barbara Boulevard (See location map following page). PURPOSE/DESCRn'TqON 0F PR03ECr,: The current provisions of the Sabal Lakes PUD are unclear relative to the sideyard setback for .accessory structures (i.e. pool enclosures or Ianai's) and the required space between an accessory and pdncyaI structure. This amendment would de~'dtively establish a separation between an accessory structure Like a pool encIosure and a principal building of' five (5) feet. The amendment will also establish a minimum often (10) feet between any two accessory structures. SURROUNDING LAND USE AND ZONING: The Sabal lakes PUD is a residentialIy based development of single family dweIling units of up to one hundred and seventy-one (171) lots. The entire PUD area is platted and is substamlally developed. Approximately ninety-seven (97) homes are completed or under con,ruction. (;ROWT~ IVfANAGE~NT PLAN CON$ISTENC~y~· The proposed ranendment h~s no relationship to elements of the Glv[P inasmuch only deals with clarifying setbacks. 1 the arn~dm~nt DEC 0 9 1997 mST, QRI¢/ARCFIAEOLOGICAL IMPACT: Not applicable. EVALUATION FOR ENV!RONMENTAI~ TRANSPORTATION AND INFRASTRUCTURE: The type of amendment represented by this petition has no bearing on those jurisdictional respons~ilities of various County staff' 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 Current Planning staff'. ANA ,L, YSlS The provisions of the Sabal Lakes PUD are unclear and subject to interpretation. Secticn 4.5 in particular provides as follows: "Minimum setbacks for accessory structures - 0' or a minimum of' 5', except no accessory structures permitted in front yard setback area." This provision could be interpreted to allow pool enclosures to observe a zero sideyard on both sides ora lot. When taken together with the principal setback provision of' five (5) feet we have a provision that allows a separation of five (5) feet between a principal and an accessory structure. Based upon this interpretation the homes constructed to date have been authorized to adhere to the requirement of'zero setback for pool enclosures on one side of' a lot line and a separation of five (5) feet with the adjacent residence on condition that the development entity submit a PUD amendment to clari~y sideyard relationships and separation requirements between principal and accessory structures consistent with staffs administrative approach to date. As restructured Section 4.5 does the following: / 2 Clearly establishes that principal buildings either employ one zero sideyard and ten (10) feet of sideyard on the opposite side, or a sideyard of five (5) feet on either side. Clearly allows an accessory structure like a pool enclosure to be located on a lot line and therefore within five (5) feet of a residence. Clearly requires ten (10) feet of separation between residences and pool enclosure structures in the manner illustrated on the left hand column. DEO 0 9 1997 VI~cE-~ A. CAUTERO, ADIVI~STR. ATOt~ COMMIJ'NI~ DEV. A.N'D ENVI~O~~ SVCS. ?et[fionNumber PUD-82-6 (3) StaffReport fdr lhe November 6, 1997 CCPC meeting. COLLIER. COUNTY PLANNING C0fifMISSION: lvl]CHAEL A. DAVIS, C~ ?UD-$2-6 (3) STAFF R.EPORT/pd DEC 0 9 '~997 October 7, 1997 GRANITE DEVELOPMENT, L.C. A FLORIDA LIMITED LIABILITY COMPANY kid $ Mr. Ron Nino 11 ~. *',"'"' Senior Project Planner Collier County Development Service Center ~'~ 0 2800 North Horseshoe Drive Naples, FL 34104 PUD Document Amendment Project: Sabal Lake PUD (Ordinance 82-41; 86-23; 94-32) pLAHNh~ Dear Mr. Nino: In accordance with our pre-application conference of October 2, 1997, please find attached our check in the amount of $1,300.00 and seventeen (17) copies of the Sabal Lake PUD Amendment application and supporting documentation. A~ discussed, this application is being submitted at the Counties request, to clarify language in Section 4.$ of the PUD entitled "Minimum Requkea~enlz and Setbacks". It should be noted that this application was not made to request changes to the PUD but rather to cl~rify the meaning of items digu~sed in Section 4.5. Homes within the development have been built and continue to be built based on the language of the original PUD which ha~ been further clarified herein. To date Unit One of Sabal Lake contains eighty-~u'ee (83) completed homes, one (I) residence under construction and four (4) vacant lot,. Accordingly there will be a total of eighty-eight (88) homes in Unit One which is planed for eighty-nine (89) homes. It should be noted that there was one residence built on two lot, (Lot 34 and Lot 35, Block B) that individually were too narrow to fit the standard 35 foot wide homes currently being built in this community. Unit Two of Sabal Lake was recently releazed to the market. To date, four residences have been completed, six (6) homes are currently under construction and there are currently seventy- two (72) vacant lot, remaining. Unit Two is planed for eighty-two homes (82). When complete the Sabal Lake development will contain one hundred and seventy (170) units of the p~.nined one hundred and seventy- one (171). We trust the attached information is compete for your review. Should you have any questions regarding this application or require further information to assist with your review, please do not hesitate to contact me. Sincerely, GRANITE DEVELOPMENT, L.C. By: By: KELLEU'M, INC., a Florida corporation MEMBER cberg, Vice~oject Manager 801 Laurel Oak Drive, Suite 700, Naples, Florida 33963 * (941) $9Z-1888 DEC 0 19 7 DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDME~/DO AMENDMENT COMMUNITY DEVELOPKENT DIVISION PLANNING SERVICES 1. Na~e of Applicant(s) Granite Development, L.C. Applicant's Mailing AddressS01 Laurel Oak Drive, Suite 700 city Naplem State FL Zip 34108 Applicant's Telephone Number: Res.: Bus.: 592-1888 Is the applicant the owner of the subject property? XX Yes No .... (a) If applicant is a land trust, so indicate and name beneficiaries below. xx (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Limited Liability Company (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of- contract~ and indicate actual owner(s) name and address below. ReXleum, Inc. Member John Scot Mueller, Member (If space is inadequate, attach on separate page.} 2. Name of Agent Firm Agents Mailing Address City State Telephone Numb(r: Res.: BUS.: Zip DEC 0 9 1997 ,; . , Pi._ : 3, PUD ORDINANCE NAME'AND NUMBER:Sabal Lake; Ord. 82-,~1; 86-23; 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves changs to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. iF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHA?.?. BE REQUIRED. SECTION 4 TOWNSHIP 50 South RANGE 26 East The east half of the east ~als of the Northwest i;l of Section 4, Township 50 South, Range 26 East, Collier County, Florida, Less All Right-of-Way and Easements of Public Record 5. Address or location of subject property 7750 Radio Road Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO TYPE OF AMENDMk-q~T: xx A. PUD Document Language Amendment B. PUD Master Plan Amendment · C. Development Order Language Amendment DOES AMENDMF2~T COMPLY WITH THE COMPREHENSIVE PLAN: xx Yes __No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO PETITION $: DATE: DEO 0 9 1997 10. HAS ANY PORTION OF THE PUD BEEN ¥£.~ SOLD AND/OR DEVELOPED? ARE ANY CHANG£S PROP0S~D FOR THE AREA SOLD-AND/OR DEVELOPED? Yes. xx No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEE~S IF NECESSARY). family lot~ have hp,n snlg. ~nll{,~ CO""~y u~.h3~ Fi,al ac~_pted Infrastructure improvements in Unit One and preliminary acce~ted iafraacruc~ure zn on~ Iwo. We, Granite Development, L.C. ~tng first duly sworn, ~=~.~.wnzcn zs ~e ~9e~ ~tt~ of ~e pr~os~ hearing; ~_~z ~e~an~e~s ~ ~e ~?stions in ~is application, ~d all -~=~, oa~, a~ o~mr s~pl~~ ~tter atta~ to and ~de a ~ of ~is applJ.~tion, are honest and ~e to ~e ~st of o~ ~ledge ~ ~l~ef. We ~ders~ ~is appli~tion ~st ~ c~let~ ~d ac~ate ~fore a hearing can ~ adv~ised. We f~~ ~it ~e ~mrsi~ed to act as our represen~tive in any ~tters regarding ~is Petition. NOTE: SIGNATURES OF Ar.?. OWNERS ARE MANDATORY. e Granice Developme"m~,, L.C. State of Florida County of Collier SIGNATURE OF OWNER President SIGNATURE OF AGENT The foreg~gIApplication was_acknq~ledged before me this day t , ~nally k~wn to ~e or uno has pr0du~ 0 as identification and who did (did not) take an oath. (Signaeure of Notary Public) ~y co~ission Zxpxres: PUD\DO APPLICATION/md/4128 1997 4.5 Minimum Requirements and Setbacks a) Minimum lot width at front yard setback 1. Rectangular Lots: 50' 2. Cul-de-sac Lots: 40' b) Minimum lot area: 5000 Square feet c) Minimum front yard setback: 20' from dedicated right ofway 1. No accessory structures are permitted in front yard setback area. d) Minimum side yard set back - principal structure: 0' 1. The distance between any two (2) principal structures shall be a minimum often (I03 feet 2. The distance between a principal structure and an adjacent accessory structure shall be a minimum of five (5) feet e) MLnimum side yard set back-accessory structure: 0' I. The distance between an accessory structure and an adjacent principal structure shall be a minimum of five (5') feet 2. The distance between any two (2) accessory structures shall be a minimum often (107 feet. 0 Minimum rear yard setback-principal structure I. Interior lots: 15' 2. Perimeter lots: 20' 3. Lake front lots: $' provided erosion control treatment is incorporated into design, otherwise 15' g) Minimum rear yard setback - accessory structure 1. Interior and perimeter lots: 10' 2. Lake front lots: 5' provided erosion control treatment is incorporated into design, otherwise 10' h) No portion ofthe dwelling or architectural features shall project over any property line / I 4 $ 6 7 9 I0 II ORDINANCE NO. 97- AN ORDINANCE A~MENDING ORDINANCE NUMBER 94- 32, SABAL LAKES PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR SECTION ONE, AMENDMENTS TO SECTION 4.5, MINIMUM LOT REQUIREMENTS AND SETBACKS; AND BY PROVIDING FOR AN EFFECTIVE DATE. ~2 WHEREAS, on June 14, 1994, the Board of County Commissioners 13 approved Ordinance Number 94-32, which re-established the Sabal Lakes 14 Planned Unit Development; and 15 WHEREAS, Gregory Wardeberg of, representing Granite Development, 16 L.C., petitioned the Board of County Coramissioners of Collier County, 17 Florida, to amend Ordinance Number 94-32, as set forth below; 18 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners 19 of Collier County, Florida that: 20 21 SECTION ONE: AMENDMENT TO SECTION 4.5 MINIMUM LOT REQUIREMENTS AND 22 SETBACKS. 23 24 Section 4.5, Minimum Lot Requirements and Setbacks, of the Oabal 25 Lakes Planned Unit Development, (Ordinance 94-32), is hereby amended to 26 read as follows: 27 29 3O 31 32 33 34 35 36 37 38 39 41 42 43 45 46 47 49 50 51 52 53 ..init. ur. ............... : .................. · .... ,v~ square foot. .............. rcn. --- ~-~-'~'~ -:g~ of way. ............................ lnccrpcratcd into .... ~,,r ~ u:.~,,.,..,,,~.,, ....... --~-~,..~'-"" for accessory structurc~ - O' or a minimu., cf 5', C;:ccpt nc acccs=~.~ ................... ~.~ ~~.,,..~**-~ in front yard octkack aroa~ J Word. struck throuah are daletad1 wordJ ~ are added. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 24 25 a__) Minimum lot width at front yard setback: 1. Rectanoular Lots: 50' 2. Cul-de-sac Lots: 40' b) Minimum lot area: 5000 Square feet c) Minimum front yard setback: 20' from dedicated rioht-of-way 1. No accessory structures are permitted in front yard setback area. d) Minimum side yard setback - principal structure: O' 1. The distance between any two (2) principal structures shall be a minimum of ten (10') feet 2. The distance between a principal structure and an adjacent accessory structure shall be a minimum of five (5') feet e) Minimum side yard setback - accessory structure: 0' 1. The distance between an accessory structure and an adjacent principal structure shall be a minimum of five (5') feet 2. The distance between any two (2) accessory structures shall be a minimum of ten (10') feet f) Minimum rear yard setback-principal structure 1. Interior lots: 15' 2. Perimeter lots: 20'; 3. Lake front lots: 5' provided erosion control treatment is incorporated into design, otherwise 15' g) Minimum rear yard setback - accessory structure: 26 1. Interior and perimeter lots: 10' ~ 2. Lake front lots: 5' provided erosion control treatment 25 is incorporated into design, otherwise 10' 29 h) No portion of the dwelling or architectural features shall )0 project over any property line 3! SECTION TWO: EFFECTIVE DATE 32 This Ordinance shall become effective upon filing with the 33 Department of State. 34 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 36 37 39 4[ ATTEST: 42 DWIGHT E. BROCK, Clerk 46 47 Approved as to Form and Legal Sufficiency: 49 51 Marj~rie Mi '~tddent 52 Assistant County Attorney f/ron/bk day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Words S~rU~ ~hrQug~ are deleted; words underlined are added. EXECUTIVE SUMMARY PETITION NO. PUD-93-1(3), GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP AND VARNADOE, P.A., REPRESENTING WCI COMMUNITIES, L.P., FOR A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT HAVING THE EFFECT OF AMENDING THE PELICAN MARSH PUD, ORDINANCE NO. 95-4, FOR THE PURPOSE OF REDEFINING THE DEVELOPMENT STRATEGY AND MASTER PLAN FOR THAT PORTION OF PELICAN MARSH LYING EAST OF AIRPORT-PULLING ROAD (C.R. 31) AND THE AREA OF VANDERBILT BEACH ROAD/GOODLETTE-FRANK ROAD INTERSECTION FOR A 4.70 "CF" PARCEL WHICH WILL RESULT IN A REDUCTION TO THE NUMBER OF DWELLING UNITS AUTHORIZED FROM 5,600 TO 5,100 DWELLING UNITS WHILE REVISING THE AUTHORIZATION AMOUNT OF COMMERCIAL DEVELOPMENT BY DECREASING RETAIL AND OFFICE SPACE, AND INCREASING HOTEL SPACE, AS WELL AS PROVIDING FOR A NEW MASTER PLAN ILLUSTRATING A TWENTY-SEVEN (27) HOLE GOLF COURSE AND INCREASED OPEN SPACE IN THAT PART OF THE PELICAN MARSH COMMUNITY LYING EAST OF AIRPORT-PULLING ROAD (C.R. 31) AND DESIGNATING A 4.7 ACRE PARCEL OF LAND AT THE SOUTHEAST CORNER OF VANDERBILT BEACH ROAD/GOODLETTE-FRANK ROAD (C.R. 851) FOR A COMMUNITY FACILITY TYPE OF LAND USE, AND A BOUNDARY CHANGE ON THE WESTERN MOST PARCEL HAVING THE EFFECT OF DELETING 3.4 ACRES FROM THE PELICAN MARSH COMMUNITY FOR PROPERTY LOCATED IMMEDIATELY NORTH OF AND CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R. 901) FROM AIRPORT-PULLING ROAD (C.R. 31) TO U.S. 41 NORTH, IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 2072 ACRES. (COMPANION TO DOA-97-4). OBJECTIVE: This petition seeks to repeal the current Pelican Marsh PUD document and its zoning status and in lieu thereof establish a new PUD zoning district while adopting a new PUD document and Master Plan for the same area of land covered by the current regulations. CONSIDERATIONS: Pelican Marsh lies along the north side of Vanderbilt Beach Road between U.S. 41 North and Livingston Road with one small exception for land lying south of Vanderbilt Beach Road at the intersection of Goodlette-Frank Road and Vandcrbilt Beach Road. The principal thrust of this petition is to change the development strategy for that portion of the Pelican Marsh PUD lying east of Airport Road. The current authorized development as illustrated by the Master Plan is for a mixed residential development oriented to a system of lakes and preserve areas in addition to a commercial development on the northeast comer of Airport Road and Vanderbilt Beach Road of approximately sixty (60) acres, making this the primary commercial area fc The amended plan would change the primary location for conventional commercial dc northwest quadrant of Airport Road and Vanderbilt Beach Road, however, a hotel re: will remain a major commercial type of land use on the Airport Road east development, but in a location removed from the typical activity center location to an interior location. The remainder of the land area of Pelican Marsh lying east of Airport Road will now include a golf course and mixed residential land uses. One additional change has to do with an area of land located in the southeast comer of Vanderbilt Beach road and Goodlette-Frank Road which would allow a use of this property for a community facility type of land use as permitted by the "CF" zoning district in the Land Development Code. Currently this land is set aside as open space. In the process of aecomplishlng the above, certain changes are proposed to density and intensity of currently authorized development. This includes a reduction in total housing units from 5600 to 5100 dwelling units, and revision to commercial space and uses as follows: Retail uses, 500,000 square feet to 300,000 square feet; offices uses, 350,000 square feet to 200,000 square feet; and hotels, 280 rooms to 400 rooms. The following land use summary matrix succinctly describes the changes in development strategy represented by this petition. Land Use Residential Units Activity Center Retail Commercial Office Commercial Authorized by 1995 DO 95-1 Magnitude of Development 5,600 dwelling units 80 acres 575,000 sq. ft. (50 ac.) 350,000 sq. ft. (inc. up to 100,000 sq. ft. ofmed. office) 1997 NOPC 5,100 units 80 acres 345,000 sq. ft. 200,000 sq. ft. (up to 50,000 sq. ft. med. Office) Change_ -500 dwelling units 0 -230,000 sq. ft. -150,000 sq. ft Hotel Units 280 400 +120 Cultural Center 80,000 sq. ft. (750 seats) 80,000 sq. ft. (750 seats) 0 Golf Course 36 holes 63 holes +27 holes Conservation Area 294 acres 330.4 acres +36.4 acres Open Space 59 acres 114.2 acres +55.2 acres The revised development program should have no effect on land uses external to the Pelican Marsh community with the exception of property lying contiguous to the Pelican Marsh boundary at Goodlette-Frank Road and Vanderbilt Beach Road. Currently the Pelican Marsh Master Plan sets this land aside as open space. With this amendment the land area may be developed wit ~ by the CF zoning district which may include churches, governmental buildings, ciwe,n~ 2 DEO 0 9 1997 fraternal organizations and child daycare facilities. The adjacent property is part of the North Collier County Water Plan and an FPL substation. Internally, land adjacent to the areas where development strategie~ are being revised is land owned by the petitioner WCI Communities L.P. as in the case of the enlargement of the northwest commercial Ewn though a ~patial reallocation of land uses is taking place, nevertheless, the amended Pelican Max~h development order ~pproval '~11 not bring about greater density or intensity of land usc. In fact the m~thorized number of dwelling units will decrease by five hundred (500) dwelling units while rcvlsions to commercial development authorization will have a null effect on commercial land use intensity and its concomitant trafSc generating characteristics. When the Pclican marsh PUD was approved on January 24, 1995 it was deemed consistent with all ~oplicable elements of the Collier Relative to internal compat~ility, none of the area of Pelican Marsh where the Master Plan proposes a revised land use configuration lies adjacent to any existing development. Therefore, no person who has invested in Pelican Marsh by the way of home ownership will be affected by revisions to the Master Plan. The Collier County Planning Commission reviewed this petition on November 20, 1997 and unanimously recommended its approval to the Board of Commissioners as described by the PUD regulatory document and Master Plan attached to the Ordinance of Adoption. No communications were received in opposition to this petition nor were any presentations made to the CC'PC in opposition to the approval of this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund 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 bom other revenue sources in order to build needed facilities. GROWTtl MANAGEMENT IMPACT: As described above the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency .... fou~ld to be consistent by virtue of the way in which development conditions were strategy devised for regulating the manner of development. 3 DEO 0 1997 ......... t'--- J In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or buiIding permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: As a result of its original status as a DRI, a Historic/Archaeological survey was conducted and -provisions are now in place in the DRI Development Order which address the event that something of historic/archaeological value is uncovered in the development process. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-93-1(3) representing an amendment to the Pelican Marsh PUD however having the effect of repealing the current Ordinance and PUD for Pelican Marsh and readopting a new PUD and Master Plan as illustrated by the draf~ Ordinance for Adoption and PUD document and Master Plan exhibits be approved. AGENDA I'[£M '~ DEC 0 9 1997 ~~.~g~;,.~.,~.(RE D BY~ NALD F. NINO, AICP CHIEF PLAttER ROBERT J. MIJ'LHERE, AICP CURRENT PLANNING MANAGER DQNdJ.,~W. ARNOLD, AICP DATE ' PLAN~. NG S~ERVICES DEP. ARTbIENT DIRECTOR VINCE~Vr A. CAUTERO, ADMIN~TRATOR DATE ~ / COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ' DATE PUD-93-1 (3) EX SUMMARY/md TO: · FROM: DATE: RE: OCTOBER 22, 1997 PETITION NO: OWNER/AGENT: Agent: Owner: -REOUESTED ACTION: AGENDA :MORANI) UM ql'NG COMMISSION lENT SERVICES DMSION PUD-93-1 (3) PELICAN MARSH (COMPANION ITEM DOA-97-4) George L. Vamadoe Young, VanAssenderp & Varnadoe 801 Laurel Oak Drive Naples, Florida 34108 WCI Communities, L.P. 24301 Walden Center Drive Bonita Springs, Florida 34134 (See Application for Owner Detaila) ITEM 7-J This petition seeks to repeal the current Pelican Marsh PUD document and its zoning statx~ and in lieu thereof establish a new PUD zoning district while adopting a new PUD document and Ma~ter Plan for the same area of land covered by the current regulations. .~EOGRAPHIC LOCATION2 Pelican Marsh lies along the north side of Vanderbilt Beach Road between U.S. 41 North and Livingston Road with one small exception for land lying south of Vanderbilt Beach Road at the intersection of Goodlette-Frank Road and Vanderbilt Beach Road (See location map following page). PURPOSE/DES~TRII~"ION OF PROIEi~r: The principal thxust of this petition is to change the development strategy for that portion of the Pelican Marsh PUD lying east of Airport Road. The current authorized development as illustrated by the M~er Plan is for a mixed residential development oriented to a ~rstem of lakes and preserve areas in addition to ,, commercial development on the northeast comer of Airport Road and Vanderbilt Beach Road of approximately sixty (60) acres, making this the primary commercial area for Pelican Marsh. The amended plan would change the primary location for conventional commercial development to the northwest quadrant of'Airport Road and Vanderbilt Beach Road, however, a hotel resort development will remain a major commercial type of land use on the Airport Road east development, but in a location removed from the typical activity center location to an interior location. The rcrnaind~ of the land ar~a of Pelican Marsh lying east o£ Airport Road will now include a golf course and mixed residential land uses. One additional change has to do with an area of land located in the southeast comer of Vanderbilt Beach Road and Goodlette-Frank Road which would allow a use of this property for a community facility type of' land use as permitted by the "Cl' zoning district in the Land Development Code. Currently this land is set aside as opm space. In the process of accomplishing the above, certain changes are proposed to d~a~sity and intmsity of currently authorized development. This includes a reduction in total housing units from 5600 lo 5100 dwelling units, and revision to commercial space and uses as follows: Retail uses, 500,000 square feet to 300,000 square feet; offices uses, 350,000 r, quare fetl. t to 200,000 r~:luare feet; and hotels, 280 rooms to 400 rooms. The following land use summary matrix succinctly describes the changes in development strategy represented by this petition. Authorized by 1995 DO 95-1 Land US~ Magnitude of Development .! 997 NOpe: Change Residential Units 5,600 dwelling units 5, I00 units -500 dwelling units Activity Center 80 acres 80 acres 0 Retail Commercial Office Commercial 575,000 sq. ft. (50 ac.) 350,000 sq. ft. (inc. up to 100,000 sq. ft. of med. office) 345,000 sq. ft. 200,000 sq. ft. (up to 50,000 sq. ft. med. office) -230,000 sq. ft. -150,000 sq. ft. Hotel Units 280 4OO +120 Cultural Center 80,000 sq. ft. (750 seats) 80,000 sq. fi. (750 seats) 0 Golf Course 36 holes 63 holes +27 holes Conservation Area 294 acres 330.4 acres +36.4 acres Open Space 59 acres 114.2 acres +55.2 acres AG[ND^ IIEM'x "o. DEC 0 [' 1997 PI. Finally, other changes to the PUD include the following: i) ii) iii) iv) v) vi) vii) viii) Assisted Living Facilities and various types of care housing is added to the residential areas as they apply to the area lying east of Airport Road. Allows habitable rooms without cooking facilities to be separated from main residences but in a unified architectural representation. Establishes a ratio of ALF units to conventional dwetling units of 4 to 1. Allows multi-family dwelling unit floor area of '750 square feet for multi-family development east of Airport Road. Allows golf teaching facilities in GCO district. Deletes Cultural Center district and replaces same with Community Facility district while eliminating cultural uses and adding CF uses to include churches, governmental buildings, child care facilities and civic, social and fraternal organizations. Allows residential units detached from main hotel to function under management of hotel and equivalent ora hotel unit. Under General Development Commitments modifications include: a) Provision for ROW for Livingston Road b) Provision for landscaping public ROW with 75% reimbursement from impact fee credits. c) WCI will study and propose methods of shielding field lights at Veterans Park and reimburse County for implementing corrective measures. LAND USE IMPACTS: The revised development program should have no effect on land uses external to the Pelican Marsh community with the exception of property lying contiguous to the Pelican Marsh boundary at Goodlette-Frank Road and Vanderbilt Beach Road. Currently the Pelicac, Marsh Master Plan sets this land aside as open space. With this amendment the land area may be developed with a use authorized by the CF zoning district which may include churches, governmental buildings, civic, social and fraternal organizations and ekild daycare facilities. The adjacent property is part of the North County Collier Water Plant and an FPL substation. Internally, land adjacent to the areas where development strategies are being revised is land owned by the petitioner WCI Communities L.P. as in thc .':a.~e of the enlargement of the northwest commercial node. GROWTH MANAGEMENT PLAN CONSISTENCY: Even though a spatial reallocation of land uses is taking place, nevertheless, the amended Pelican Marsh development order approval will not bring about greater density or intensity of land use. In fact the authorized number of dwelling units will decrease by five hundred (500) dwelling units while revisions to commercial development authorization will have a null effect on commercial land use intensity and its concomitant traffic generating characteristics. When the Pelican Marsh PUD was approved on January 24, 1995 it was deemed consistent with all applicable elements of the Collier DEC O 5:1997 County GIMP. Nothing has changed since that approval that would alter a finding of consistency with applicable elements of the GMP. Two relationships to GM? elements are significant in terms of their optimization of the goals, and objectives of the GM?, one is on traffic impacts which are estimated to be eighteen point four (18.4) percent less than the currently authorized development approval, and two, increases in open space and conservation areas amounting to approximately one hundred and twenty-four (123.6) acres. FFISTORIC/ARCHAEOLO GICAL IMPACT: As a function of its DRI relationship an assessment of historic and archaeological impacts was conducted through the ADA, DRI Application for Development Approval. Consequently, the DRI Development Order as approved specifically addresses conditions under which construction activities which uncover an accidental find triggers a specie.! analysis of that find. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a. review by the Community Development Environmental and Engineering staff', and the Transportation Department, however, all County agencies with related jurisdictional concerns are asked to review the amendment. Coordinating staff has not received any review of this PUD amendment which would argue for I~ revising the current PUD document. Given the nature of this petition and its DRI status which was comprehensively reviewed only a short time ago the application was administratively reviewed by staff' on behalf of the EAB. No changes proposed by the amendment erode either water management or natural resource protection requirements and in fact a greater area of land will be preserved in its natural state as a result of this amendment. Relative to transportation related issues it should be noted that the amendment language under transportation development commitments makes provision for dedicating right-of-way for Livingston Road. ANALYSIS/ELEVALUTION: This is a PUD amendment even though the process is one ofrezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of adminislrative convenience because it avoids the requirement to tract amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staffis ofthe opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Pelican Marsh PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoni ~g DEC 0 £~ 1997 With one exception the changes proposed by :he new Master Plan will have no impact on any land contiguous to Pelican Marsh. The provision establishing of a "CF" district of 4.7 acres out of a' current open space designation for property located on the southeast corner of Vanderbilt Beach Road and Goodlette-Frank Road will have no adverse impact on the lands contiguous to this "CF" district considering the fact that this land is owned by Collier County and functions as its north water treatment plant, and further contains two large above ground water storage tanks. The possibility of a church or fraternal lodge locating next to the County's water distribution center should have no adverse impact on the County's facilities plant. Relative to internal compatibility, none of the area of Pelican Marsh where the Master Plan proposes a revised land use configuration lies adjacent to any existing development. Therefore, no person who has invested in Pelican Marsh by the way of home ownership will be affected by revisions to the Master Plan. Specific changes not addressed by the above with an assessment of their impact is as follows: i) A perimeter amendment shrinking the area of Pelican Marsh by 3.4 acres will have no effect on land use relationships. ii) The addition of various types of care housing is limited to the area of Pelican Marsh lying east of Airport Road where no development has occurred to date. iii) An amendment which would allow multiple family housing to locate next to single family development contiguous to Pelican Marsh has been added with the further requirement that there be an open space separation with a 100% view blockage of a height of at least ten (10) vertical feet. Given the requirement for open space and view blockage, staff believes the integrity of the original requirement for similar housing to be located next to residential development adjacent Pelican Marsh is maintained. iv) Provision is made for allowing detached living quarters without kitchens when said quarters function as an integral pan ora single family home as in the case of an interior court yard home design. This provision has no negative connotation. v) The minimum floor area for multiple family housing will be reduced for development lying east of Airport Road. This standard will not affect any existing development. vi) Revisions are made to the Activity Center district with respect to the type of commercial development authorized. The revisions will have the effect of reducing retail and office space in lieu of an increase in hotel space, without however increasing the total land area devoted to commercial development. The current and revised plan has an eighty (80) acre activity center distributed on the N.W. and N.E. quadrants of Airport Road and Vanderbilt Beach Road. These changes remain consistent with provisions of the FLUE for master planned activity centers which allow departures from the strict notion of forty (40) acre squares at each intersection. ' ^6£NO& I'r, lrM.~ NO. ~ OEO 0 '-3 i997 P~. ¢ An amendment to the PUD proposes allowing multiple family housing in the ~ctivity center. While developers in the past have optimized non-residential development in activity centers, nevertheless, the FLUE encourages mixed uses including residential development in activity centers, therefore, this amendment is consistent with activity center goals. viii) Specific provision is made for residential type dwelling units as accessory to a hotel managed by the hotel in the activity center. Each dwelling unit will count as one hotel unit. While this addition implicitly increases the impact of authorized hotel units, nevertheless, staff is of the opinion that it has negligible effect on level of service standards negating the difference between current development authorizations and those proposed by the amendment. ix) Revision to General Development Commitments are consistent with County requirements, and involve the following: a) b) c) Provision is made for dedicating ROW for Livingston Road with re- imbursement for land value as a credit towards impact fees. Allows developer to utilize excess ROW for landscaping subject to County with 75% of costs paid for by impact fee credits. Allows developer to pay the County for installation of light shields on Veterans Park field light standards and to receive impact fee credits. STAFF RECOMMENDATiON; That petition PUD-93-1 (3) representing an amendment to the Pelican Marsh PUD however having the effect of repealing the current Ordinance and PUD for Pelican Marsh and readopting a new PUD and Master P;an as illustrated by the draf~ Ordinance for adoption and PUD document and Master Plan'exNbits be approved. / ' CHIEF PLANNER DATE REVIEWED BY: 'RO EPa' $. tatum!mil X cv CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP "~ ~ PLANNING SERVICES DEPARTMENT DIRECTOR. DATE DATE AG£ND~ IT£M · DEO 0 5 1997 Pe. CO~ DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-93-1 (3) Staff'Report for the November 20, 1997 CCPC meeting. COLLIER COUNTY PLANNING C~SSION: MICHAEL A. DAVIS, CHAIRMAN PUD-93-1 (3) STAFF REPORT/ixt. DATE AGENDA NO. ~ DEC 0 ,S 1997 // PETITION NUMBER APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES Name of Applicant(s) SEP 0 2 1997 Communities. L.P. Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State FL Zip 34134 Applicant's Telephone Number: (941) 947-2600 Is the applicant the owner of the subject property? x . Yes ~, No ~(a) If applicant is a land trust, so indicate and name beneficiaries below. x (c) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 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. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. 2. Name of Agent George L. Vamadoe Firm young, van Assenderp & Vamadoe Agent's Mailing Address 801 Laurel Oak City Naples Agent's Telephone Number: 1-0132-31431.1~%113 State, FL Zip (941) 59%2814 34101 Page I ~f4 AGENDA. ITEM DEC 0 $1997 o PUD Ordinance and Number: (Previously amended by Ordinance #'s 93-27) PUD 94-9 Detailed legal description of the properly covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; I" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section ~ Township 48 South Range Address or location of subject property: The su~ect property, is currently under the. ownership or control of WCI Communities. L.P.. 24301 Walden Center Drive. Bonita Springs. Florida 34134 Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Type of Amendment: ~ A. X B. x C. Does amendment comply with the comprehensive plan: If no, explain: PUD Document Language Amendment PUD Master Plan Amendment Development Order Language Amendment , x Yes I ,Or T]-:~.-01 Pag, · No AGE:ND& Fi'EM. DEC 0 S 1997 2 of 4 10. H~ a public hearing been held on this property with~ the last year7 If so, in whose name? Yes. WCI Communities. L.P, Petition Number: PUD 94-9(2) Date: 1215196 Has any portion of the PUD been sold and/or developed? Are any changes propo~ for the area sold and/or developed7 If yes, descn'be. (Attach additional sheets if necessaxy.) Portions of the PUD have been sold to and/or devel .oped by separate entities for the intended pu .rpose of development. I, Susan Hebel Watt% being fa'st duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sk&ehes, data, and other supplementary matter attachM to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. Signature of Owner STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this g~) day of~gt04 199_.~, by Susan I-Iebel Wart&, who is person,ail;/kno_wn to me or who has p~;~tueed as identification a~l who did (did not) take an oath. . ~ / { ignature of Notary Public) I)E¢ 0 ,q lg97 Page STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me th/s ,2 ~. day of/4n~ e, ~,"7-7-'. 199~'~y G~oree L. Varnadoe., who is pcrsonally known to me or who has roduccd. ~/ - : . . P t'~'°r~ £e¢~'~e.. as ~denttfication and who did (did not) take an oath. (Signature of Notary Public) WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership General Partncr: Class A Limited Partner: Class C Limited Partners: Investors of WCI, Inc., a Delaware corporation 24301 Walden Center Drive, Bonita Springs, FL 34134 Communities Investor Limited Partnership 140 South Dearborn, Suite 1 I00, Chicago, IL 60603-5285 Donald Ackerrnan & A1 Hoffi'nan 24301 Walden Center Drive, Bonita Springs, FL 34134 E. Leslie Peter 510 Vonderburg Drive, Suite 3000, Brandon, FL 33511 OEC 0 9 1997 CONSENT A/qD APPOIN~NT OF AGENT This Cogsent and Appointment of Agent is made this ~__day of i ~%~'~'4- , 1997 by WCI Communities Limited Partnership (he~in~ter referred to as the "Owner,'). WITNE S SETH W}{EREAS, the Owner has a mailing address of 24301 .Walden Center Drive, Bonita Springs, Florida 34134; and ~HEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the "Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact ("DRI") which was approved in Development Order 95- 1 issued by Collier County on January 24, 1995; and W~EREAS, the Owner intends to carry out development on the Subject Property described in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the state of Florida and agencies of local government; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law firm of YoUng, van Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, FL 34108, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner's plan of development for the Subject Property described in Exhibit "A". Properties, including amendments to the DRI Development PUD zoning or rezoning on the Subject Property. These ac entities may include, but shall not be limited to, the 2. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject 'enc' N DEC 0 $ i997 ,,,._/? a. The Collier County Board of county commissioners and all departments, divisions and sub-units of collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other gabinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owner, WCI Communities Limited Partnership has signed below. OWI~ER: WCI COMMUNITIES LIMITED PARTNERSHIP WITNESSES: P~inted Na~e Signature Printed Name ] .wc! \JCAAOA AGENDA OEC 0 .9 1997 .,. If ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH I~CLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TNE UNINCORPORATED AREA OF COLLIER COUNTY, ~'LORIDA, BY AME~DING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8525N, 8525S, 8527N, 8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S AND 853536 BY CHANGING THE ZONING CLASSIFICATION OF THE NEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN MARSH, FOR PROPERTY LOCATED IMMEDIATELY NORTH OF AND CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R. 901), US 41 NORTH, TO THE PLANNED LIVINGSTON ROAD RIGHT-OF-WAY IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2072.88 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95-1, AS AMENDED, THE FORMER PELICAN MARSH PUD; AND BY PROVIDING AN EFFECTIVE DATE. (COMPANION TO DOA-97-4) WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe, P.A., representing WCI Communities, L.P., petitioned the Board of County Co~issioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIO:JERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which i$ incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8525N, 8525S, 8527N, B535S, 8536N, 8536S and 853536, as described the Collier County Land Development Code, are 8527S, 8534N, 8534S, 8535N, in Ordinance Number 91-102, hereby amended accordingly. SECTION TWO: No. ~ DEC 0 (.. 997 SECTION THREE: This Ordinance shall become effective upon filing with the Oepartment of State. PASSEP AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney BY: TIMOTHY L. HANCOCK, Chairman -2- AGEND& ITEM DEC 0 .q 1997 P~. _ J~ PELICAN MARSH CO,~fU~TrY A PLANNED uNTr DEVELOPMd~WT 2072.88:t: Acres Located in Sectlo~ 25, 27, 34, 35 & 36 Township 48 South, Range 25 ~ Collier County. Horida PREPARED FOR: WCI COMMUNITIES, L.P. 24301 Walden Center Drive Borfim Springs, Florida 34134 PREPARED BY: WII.~ON, MILLER, BARTON & PEEK, INC. 3200 Bailey [~ne, Suite 200 Naples, Florida 34105 PUD 93-1, ORDNANCE 93-27 - ORIGINAL PUD 94-9(1), ORDINANCE 95-50 - AMENDMENT (SCRIVENER'S ERROR) PUD 94-9, ORDINANCE 95-4 - AMENDMENT DATE FILED 10/31/94 DATE REVIEWED BY CCPC 1/5/95 DATE APPROVED BY BCC 1/'24/95 ORDINANCE NUMBER 95-4 AGENDA LT EJd ~ DEC 0 g lg97 / TABLE OF CONTI~N'I'S LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION E SECTION El SECTION IV SECTION V SECTION VI SECTION VII SECTION LEGAL DESCRIPTION, PROPERTY OWNERSH~. & GENERAL DESCRIPTION PROYECT DEVELOPMENT RESIDENTIAL DISTRICT GOLF COURSE, RECREATION & OPEN SPACE DISTRICT RESERVE DISTRICT CULTURAL C~ DISTRICT ACTIVITY CENTER DISTRICT GENERAL DEVELOPMENT COMMITMENTS III 1-1 2-1 3-1 4-1 5-1 6-I 8-I AGEND& ITEM'x DEC (; c.; i997 LIST OF EXHIBITS MASTER PLAN (WMI3&P. Inc. File No. RZ-219-H) AGENDa, ~T£M~ DEC 0 ? t997 P~' ~ I STATF~%~2x~r OF COI~PLIANCE The purpose of this section is to express the intent of the WCI Communities, L.P., hercLrafter referred to as WCI or the Developer, to create a Planned Unit Development ('PUD) on 20'/2.g8:l: acres of land l~.~ted in Sections 25, 27, 3,4, 35, & 36 Township 4g ~mth, R,'mge 25 East, Collier Court, Florida. The name of this Planned Unit Development s~ll be Pelican Ivi~r~h Community. The development of Pelican Mzrsh Community will be in general complim~ce with the planning goals and objectives of Collier County ~ set forth in the Grovah Management Fl~n. The development will be consistent wkh ~ grow',h policies ·nd land development re~ul~tlons ~dopted thereunder of the Growth Mzr~geme~ Plan Furore Land Use Element and other ·pplicable real, dons for the following rea.sons: The subject pre. ri7 is within the Urban Mixed Use DL~'icEUrban Residential SubdL~trict as ide:.dfied on the Furore Land Use Map as r~quired in Objective 1, of the Future ~ Use Element (FLUE). The purpose of the Urban Residential Subdis~ct is to provide for higher density r~sidential uses in an ~ with relatively few mmral resou,~e constraints and where existing and pi·treed public facilities are concentrated. The proposed dcr~ity of Pelican Marsh Corrm'~unity is 2.5 units p~r acre and less than the rraximum density pertained by [he FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject propen7 qualifies for · base demity of four units per acre. Ceftin pans of the subject property are further subject m der~ity adjustments i~cluding a proximity to Activity Cen~zr density bonus, roadway ·cc. ess density bonus, and long range ~c congestion ~rea and interconnecdon deralty reduction, which when t~ken collectively ~xl ·pplied to the properly yield an ·llowable density grea~r than thr~ units per acre. I Pelican Marsh Community is compatible with uxl complementm'y to existing and future surrounding ~ uses as required in Policy 5.4 of the Futur~ Lind Use Eleraent. Improvements am planned to be in substantial compl[znce with applicable land development re~ulations as ~et forth in Objective 3 of th~ Furore Land Use Element. The development of Pelican Mar~h Community will result in an efficient and economical extension of community f·cilltles and services as rcqu[red in Policies 3.1.H and L of [he Fumm ~ Use Element. Pelkan Marsh Community is planned to incorporate natural systems for water m,'magem~nt in accordance with ~x:ir natural funcfior~ ~ capabilities as may be required by Objective I .$ of the Drainage Sub-Elemer~ of c~ Public Facilities Elemem. Pelican ~ Community is a I~rge ~.~lc furr~onally [n~rr~l~d community, a~ ~ pl~ m e~mgc inge~i~, i~vation a~ ~on u ~ fo~ ~ ~ Collier ~ ~ ~l~m ~e Pla~ U~t ~I~ Dk ~ AGEND~ IT[M ~ iii II DEC 0 9 1997 Pcli~n Ma~h Conm~nip/ rc-prc~n~s · large sc~I¢ L~qll commurdcy whh[n ;he Urban DLsu'~. thereby ~Lscouraging u~'oan sprawl as rcquircd by Policy $.3 of' Oc l~u~ur~ La,nd U~c Eicmcm. SHORT 'XTrLE This ordinance shall be known and cited as thc 'PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". [¥ AGENDA DEC o ~, 1997 SECTION I LEGAL DESCRIPTION, pROPERTY OWN~ERSHIP, AND GENERAL DESCRIPTION 1.1 1.2 I~J~OS£ The purpo~ of chis section is to sc~ forth the legal description ~,d o~n~P of Pell~ M~h Co~, a~ to d~n~ ~ cxistin~ coUrt'on of LEG~ D~C~ON PE~C~ M~H, ~ing ~roxi~tely 2072.88 acr~, is legally dc~r~ ~ follows: B~G at ~ s~west co~r of ~tion 27, To~p 48 ~. ~ge 25 ~t. Coll~ ~, ~ along ~ w~ li~ of uid ~on 2~ i~ ~ ~rly dght~f-~Y I~ of U.S. 41 No~ ~8'20' W~t 2623.~ f~ to ~ west 1/4 co~r of ~id ~on 27; ~ co~ ~long ~ ~st li~ of uid ~ion 27 ~ sdd rilht~f-way No~ ~39' 12" W~t 827.69 f~: ~ ~ving ~id !~ N~ 8~0'4S' ~t 3~.5~ f~ to ~ ~s~rly dght~Dway 1i~ of pr~ ~le~-F~ R~d ~s r~o~ed ~ Plat B~k 13, page 58. ~bli: ~ ~long ~ ~rly rigger-way li~ in ~ following four (4) ~n~ coups: I) ~ 05'~'4g' ~ 3~5.~ f~t m ~ ~ I~ of ~ ~ion 27: 2) ~ OS*3Y 10' ~t 2~2.1~ 3) ~ly 620.~7 f~ ~long ~ ~ of a c~ ~di~ of 27~.93 f~ ~h a ~ ~gle of 12'42'I~' by a cho~ which ~a~ ~ ~47'59" West 619.~ 4) ~ 07'~'08' West 1675.~ f~t to ~ ~a~ li~ of ~ plat of Pt~ ~dge ~o~ ~mion ~ ~o~ in Plat ~k I0, page g6 of ~ ~blic ~o~ of Collier C~n~, ~ ~l~i ~ ~ of ~id Pi~ ~dge ~ ~ion in d~r~ ~: 1) ~ 8~50'58' W~ 88.21 2) No~ 31'~'~" W~t 120.19 3) No~ 05'37' 10' W~ 956.47 4) ~ 74'~'39" W~t 379.98 5) ~ 12~'43' ~st ~.53 6) ~ ~2~'43' West 2~.~ f~; ~w~rly 18S4.~ f~ along ~ a~ of · ~n-~genti~l ci~l~ ~e ~ ~w~rly ~ving a ~d~s of I~;26 f~ ~! ~ a ~1 ~gle of 17~.~ f~ No. lgg? I-I 8) North 81'13'22" West 737.85 feet; thence leaving said plat boundary North 0(~03'39' West 707.85 feet; thence South 89~3'32' Fast 336.81 feet; then:e North 00~26'28" East 180.64 feet: Ihe~ee northerly 37.60 feet along the ar~ of a ch'cular curve concave easterly i~ving a ra~k~ of 130.00 feet through a c~al angle of 16*34'19' and beLng subtended by a cho~ which bears North 05°43'37' East 37.47 feet; th~nc~ North 17~0'47' Ea~ 181.41 feet; tbence ~orthw~terly 654.92 feet along the arc of a ch'cular curv~ concave southwesterly havh~g a radh~ of 395.00 fe~ through a central angle of 94°59'52' ~ being subtended by a cho~ which bears North 30~29'09° West $82.4~ ~F~nce Not~ T7°59'05' W~ IN.30 th~n~ northwesterly 41g.87 feet along the are of a ch'cular curve concave having a r~ius of 800.00 feet through a c~ntral angle of 29°59'57' and being subtended by a chord which bears North 62°59'06' West 414.10 feet tht~ce North 47'59'08' W~t 100.03 feet; th~r~ westerly 615.18 feet along the arc of a ch'cular curve concave southerly having a radius of 1~26.09 feet through a central angle of 42*40'04' and being subtended by a chord wl~ch be. ars North 69~19'10' West 601.07 feet; thence South 89~20'48' West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; tl~nce along ukl line North 00~59'20' West 665.92 f~et to th~ Point of Begin~fing; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as ~corded in Plat Book 22, pages 88 through 89 Public R~ords of Collier County, Florida being more particular described as follow~; BEGINNING at the northwesterly corner of said Pelican Marsh Urfit Five; thence along the boundary ef said Pelican Marsh Unit Five South 89°33'32- East 306.56 feet to a point on the ~.~t lin~ of Tract WF-1 (Drainage Fa~menO according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 6? through ?0, Public R~cord$ of Collier County. Florida: thence along said line South 00°00'00' Fast 481.17 fc~ to a point on tim north line of Tract 'B' (Vanderbilt Beach Road) according to th~ Plat of Pelican Marsh Unit Five. Plat Book 22. pages 88 through 89, Public R~ord~ of Collier County, Florida; thenc~ southwesterly, 306.37 feet along the arc of a non-tangential circular curve concave to the ~ouuhe~t, having a radius of 2430.00, through a cenu~l angle of 07°13'26- and being subtend~ by a chord which bea~ ,~outh 88'15'16' W~st 306.17 feet to a point on the boundary of ~aid Pelican Marsh Unit thence along ~aid line Nor~ 00°03'39' West 492.8? feet to the POINT OF BEGINNING of the parecl herein described; Containing 3.~0 acr~ mor~ or less; Subject to e~.~emenu and ~striction~ of record. Bearings are bas~ on the north line of said Pelican Marsh Unit Five being South 89o33'32* East. A(~ E N Di~, DEC 0 containing 5'/3.98 acres more or less: subject to e. ascnm~ and restrictions of record; thence South 72*59'03' thcnc: South 00'39' 15' fl-~nce North 89~20'45' thence South 00'39'15' thenr.~ South, 89~20'45" ~cscn'bcd; TOGETHE~ WITH THE FOLLOW~G DF.,SCK1~ED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida tx:lng mot: particularly described as follows: Commencing at the w~t 114 corner of said Section 27; thence along said west line North 00~39'12' West 82'/.69 feet: thence leaving uld lira Nor~ 89'20'43' East 57'7.78 feet to the POINT OF BEGINNING of the parcel herein described; thence North 33'e43"39' ~,ast 46.92 feet; thence North 68~3'21' East 110.88 feet; thence North 0C~9'12' West 1ff7.32 f~t; Ihew~ North Tr'43'40' East 373.08 feet; East 3'85.48 feet; East 27.3'1 feet; Eaat 503.78 feet; East 100.64 feet; West 1933'.22 feet to the Point of Beginning of the parcel herein Subject to eascmeras and restrictions of record. Containing 9.3 $:rts more or less. Bearings are based on the west line of said Section 27 as being North 00'39'12" West; AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCEI~: All that part of Section 27. Township 45 South. Range 23 East. Collier County. Florida and being more particularly described as follows: Conunencing at the west one quarter corner Section 27. Towmhip 48 South, Range 23 East; thence along the west line of said Section 27 North 00°39. 12' West 823'.69 feet: thence leaving said s~:tion line North 89'20'45' East 55.00 feet to the Point of Beginning of thc area thereon descn'bed; thenc~ Nobth 89"20'43" East 366.45 feet; thence South (X)~9'13" East 34.09 feet; thenc~ r, outheasttrly 47.33 feet along the arc of a non-tangential circular cur~e concave southw~t~rly having a radi~ of 70.00 feet through a c~ntral angle of 38'4Y23' and beLug subtended by a chord which be~rs South 64'19'09" ~ast 46.43 ftct to a p~int of compound curvature; _ DEC O '.., 1997 _ ~uuch~iy 2~9.~2-Z~. fc~i mlong ~ ~ of m c~ ~ ~ ~ly bjv~g ~ ~ ~'14'23' ~ 241.20 f~ ~ a ~ of ~ ~; ~ ~ ~'~'~' ~ 142.~ f~ ~ly 120.22 f~ nl~g ~ ~ of a c~ ~ ~ ~rly ~v~g a 70.~ f~ ~gh a ~l ~g]e of 9~'12' ~ ~ ~b~ by a chord ~ 12'~6'10' W~t 105.98 f~ ~y 48.75 f~ along ~ ~ of a c{~ ~ ~ ~{Y ~v~g a ~ 3~57'58' ~t ~.79 f~; ~.~ f~ ~ a ~i ~{le of 14'16'43' ~ ~{ ~b~ by m cho~ ~ 23'49'37' ~t 19.89 a ~on{cmi~ i{~ ~ ~*13'14' ~ 158.41 f~; ~5'24' ~ 183.78 f~; ~'~' ~t 261.28 f~; No~h ~'~' W~t 3~.~7 f~; No~ ~'~' ~ 271.73 No~ ~'13'14' W~t 120.32 ~ 76'~'51' Wot 89.~ f~; No~ ~8~'21' W~ 65.19 f~; N~ 2~'47' ~ 171.~I f~; N~ 73~'14' W~ ~.78 f~ ~ 4~16'~' W~ 112.78 No~ ~'~9' W~ 50.49 f~; No~ ~39'12' W~t 303.49 f~t 7.8 ~ ~r= or ~; ~ ~ ~~ of ~ b~ on ~ ~ 1~ of ~ion 27. To~p 48 ~. ~nge i-4 AGENDA BEC O 997 All that pan of Section 27, Township 45 South, Range 25 East, CoLllcr County, Florkia being more particularly dcsc'n2~i as follows: Conurmx:ing at the w~st 114 corncr of said Scctlon 2'7; ~ along said west linc North 00.39' 12' W~t 827.69 fee~; tbencc lc~ving saki linc North 89.20'45' East 2469.55 fcct to the POINT OF BEGIlqT4ING of thc parcel herein dcscr~ocd; tt~x~ continac North 89'20'45' East 78'/.88 feet: ~ South g4'45'32' Wcst 23.43 feet; ~ South 74'.~6'42' West 121.32 feet; rh~c: South 79'49'51' Wcst 45.93 feet; thcnc: wcsu:rly 45.51 t'eet along the arc of a tangcr~ial cLrculaz curve concave to thc north having a radius of 66.00 feet through a ccntral angle of 39'30'16' and being sulxcnclcd by a chord which bears North ~'0f West 44.61 feet to a point of reverse curvature; thcrr, c northwesterly 52.92 feet along thc arc or' a tangential circular curv~ corcave to thc south having a radius ot' 150.00 fee~ through a eentral angle of 20.12'$7' and being sutxcmdcd by a chord which bears Nor',h 70'46'21' Wc~t 52.65 feet; thc. ncc North 80.52'50' '9¢cs~ 56.59 feet; thence westerly 46.17 feet along thc ~rc of a t,~ngentlal cL,-culaz curve concave to the south having a radius of 80.00 feet through a cenznl angle of 33'04'13' and tx:lng sublcnd~ by a chord which Ixars South 82°35'04" 9,'cst 45.54 feet to a point of r~.¢r~c ~ w~Irrly 38.16 fc~t along thc arc ora tangential circular curve concave to thc nor~ havi;~ a radius of 60.00 feet ~ugh a central angle of 36'26'18' and being su~ by a chord which bears South 84'16'06' Wcst 37.52 feet to a poini of rcvcrsc ~ westerly 68.84 feel alon~ the arc of a tangential circular curve concave to the south having a radius of 30~.00 feet through a corm-al angle of 12°55'58- and being sutxcncied by a chord which bears North $3°$g'44' We~t 68.70 feet; u'mac: South 89'33'17' Wcs~ 18.36 feet; thence South 8939'11' Vv'cs~ 71.63 fca; thence North 89'35'03' We~ 36.03 foci; ~ Sou~ 86'06'33' Wc~ 42.94 feet; tl-,cncc South $3'44'08' West 26.23 feet; thence South 51'01'05' West 27.49 feet; ~ Souih 33'2~'42' V/cst 19.95 feet; ~ South 15°39'57' Wea 20.54 feet; tImx: South 10'54'31' '9/est 34.64 feei; ~cncc South I~J~20'06" Wcst 101.06 feet; thc, ncc North 10.45'5g' East 10!.42 feet to the Point of Beginning of tt~ parcel herein dcs:n'ocd; Subject to ~t, crncnts and restrictions of record. Corminir~ 0.48 acr~ rno~ or ~- Bc~ings are bas~ on tbe w~t llnc of said Section 27 as being Nora I-5 1997 I;)EO 0 All that part of Section 27, Towmhip ~ .~uth, Range 2~ Fast, Collier Count, Florida berg m~ particularly de~-n~nl ~ follow~: Commenc~ at th~ w~t 1/4 corner of saki Section 27; drawee along saki west line North 00'39'12" West 827.69 feet; thc-ncc leaving saki line North 89'20'45' East 3401.12 feet to the POINT OF BEGINNING of the p~-cel ~in __ecsc_ri'bed; three continue North 89'20'45' E~ 443.43 feet; ~ South 05*34'48' F,~st 147.72 feet; thct~ South 89'20'45' West 51.~6 fee~; thence North 23'.56'01' West 13.07 feet; ~er~e northerly 30.72 feet along the ~'c of a ~genthl circular curve concave to the e~st h~ving a r~dk~s of 80.00 feet through a centr~! ~ngie of 21'$9'53" ~d being sub~ct~;d by a chord which ~ North 12'56'04' West 30.53 fc~; ~ North 05'01'01' West 31.56 feet; thence North 36'19'27' West 32.02 feet; thence North 56.04'43' West 35.11 feeg thence North 80'39'23' West 32.53 feet; thcr~e North 88'39'20' West 97.78 fee~; thence North ~6.04'48' West 45.79 feel; thence North 89'49'56' West 132.T7 feet;. ther~ North 69'40'18" West 37.23 feet ~o the Point of Beginning of the p~,cl herein described; Subjee~ to e~semems and restrictions of r~cord. Conuh~g 0,38 ac~z mot~ or le~. Bearings ~r~ bz.~.d on th~ west line of said Section 27 ~s being North 00~39'12' West: AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING at the northw~t comer of said Section 35; thence along the north line of said Section 35 North 89'45'35' East 5231.69 feet to the west right-of-way lirg of Airport.Pulling Road (C.R. 31); thence along said westerly righ[.of-way line South 00'31'47' East 5258.31 fee~ to the south line of said Section 35; thence aldnft said south line South 89*39'22' West 2341.65 feet to the south 1/4 comer of said Section 35; thence conti~c along said south line South 89~39'32' West 264133 feet m ~e southwest comer of s,~d Section 35; t~ence along the soc~ lir~ of said Section 34 South 89'51'02' We~t 391.57 feet to the bour~ry line ora parcel descn~ [n O.R. Book 524, page 121 oftbe Public R~cord~ of Collier Coup, Florida; thence alor~ the b~ndary of said p,~l North 01'03'33' West 295.29 feet; thence continue along t~ Ix~nd~y of said l:m'cel South $9'51'02' West 443.22 feel to thc castcrly fight-of-way linc of proposcd Goodlct~-Frank Rcn 13, page 52 of thc Public Rgco~ of Collier County, Florida; thence along said easterly right-of-way line North 07.09'08" E I-4 at 1729.52 fe~; BEC, O 'i997 ~ contirme along tak~ e~s~rly dght-of-way lin~ r~rtl~rly 649.69 f~ along of n c~ ~ ~ ~ly ~g a ~s of 2~9.93 ~ of 12'42'1g" ~ ~g ~b~ by a c~ ~ ~ No~ ~4T59' ~8,37 f~; ~ l~v~g uld ~ght~f-~y li~ a~ along ~ ~ li~ of 8~31'31' ~t 7~2,91 f~ ~ ~ Poim of co~i 208.39 ~ ~ or ~; ~D T~~ ~ ~E FO~O~G D~C~ED p~CEL B~G at ~ ~ ~r of ~id ~ion 36; ~ along ~ e~t li~ of uid ~ion, ~ ~t 2671.63 f~ ~ ~ ~ 1/4 ~r of ~ ~ 36; ~ contac lira of ~ ~on 36 ~ ~'~' ~ ~19.~ f~ ~ a ~ on ~ m~rly ~ght~f-~y !~ of VaMe~ilt ~ ~; ~ along ~id ~ly fi~f-~Y lira ~o~ 8~39'39' W~t 2~55.35 ~riy 6g~f-~Y tim of A~-~l~g ~ (C.R. 31); 619,49 f~ of u~ ~i~ 36; ~ al~g ~ ~ li~ of~ ~ ~ 8~7'52' W~ 15.~ f~ to ~ e~t right- of-~y li~ ofAi~ R~ (C.~ ~ ~g ~ ~f.~y N~ ~1'42' W~t 539.49 f~t ~ along u~ ~ lira No~ 8~T5~" ~t 39~4.~ f~ m ~ ~t co~ of ~ ~t 1~ of ~ ~ l~ of ~ ~i~ ~; ~ ~ ~o~ ~ ~ !~ of~ ~ 1~ of~ ~ 1~ of~ ~ ~ No~ R~d (C.R. ~; ~on ~; 1/4 ~r of ~ion ~ ~ ~ nlong uid ~t li~ of ~ion ~ ~ ~'~' ~t 26~0.~ f~ ~e Potat of containi~ 799.67 ~:r~ mo~ or I~ss; ~! lm~l conmim 20'/6.2~ 2,072.~ acr~ more or AGENDA IT F.M, DEC; 997 1.! subject to castrncnu uxt rtsu~ctions of to:oral: - bearings are bzsed on the State Plane Coordinates 1983 datum 1990 adjustment, the north linc of Scction 35, b~ing North 89'45'35' East. PROPERTY OWF~H~ The subject property h currently under the equitable ownership or con~rol of WCI Communitlcs, L.P., whose acidrtss Ls 2430t Walden Center Drive, Bonita Springs, Florida 34134. Dc'~lled ownership inforrratlon is provid~ on Att~chrne~ 4-1 of the Pelican Marsh Corn~nunity Application for Ek:velcrprne~ Approval. 1.2 GENERAL DESCRIPTION OF PROPERTY A. Th~ projec~ si~ is Iocar~i in Sections 2~. 27, ~, 3~. & 36 To~p 48 ~. ~ge ~ ~t, ~ h g~lly ~ on ~ ~t by T~ T~ No~ ~.S. 41); on ~ ~ by ~c~l~ ~, V~ P~ Su~i~ion, C~ ~ ~, F~r ~ ~ ~hl~ ~ (C.R. ~); on ~ ~ ~ ~ p~. ~ I~flon of ~ si~ B s~ on Map A of ~ Pcli~ M~h Co~u~ Appl~tlon for ~vel~ A~w~. B. ~ ~ c~siC~tion of ~ mb~ ~ ~ of ~ mb~ h P~ ~ U~t ~vcl~nt), A ~u~ A~lm~) ~ A-~. C. ~atio~ wi~in t~ si~ nnge f~ 6' ~ 14' a~ve ~ ~ kvcl wi~ ~ a~ge of sppwx~ely Il.0 f~. P~ ~ F~ Map ~ N~. 12~- 0193D, 019iD, 0B81D, a~ 03~D ~ I~ ~, 19~, ~ ~1~ M~h s~ on Map C of ~ ~1~ Manh C~ A~l~i~ for ~1~ A~w~l. D. ~ ~il ~ on ~ site g~ly iwl~ ~l~ f~ ~; My~ f~ ~v~, I~ ~mm: ~ f~ ~; Hol~w fi~ ~; U~ ~; U~n ~ Hol~w B~Ingcr C~Icx; U~n ~ ~I~ O~ ~lcx. ~il ~atbn ~ ~ of wB ~ h s~ ~ Map E of ~ ~I~ M~h C~ A~l~fi~ for ~1~ A~. ]' OEO Ptl:~r, and Melalcuca dominated art. as, Cyprus ~ mixat pine .aTd C~, disturbed are.u, an:l Saw Palm~o prairies. Dc.~l~d vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Ek:veloprnera Approval. The project sim is located within the Cocoha~,hce River Basin as depicted within the Collit:r County Drainage Atlas (1993). The general surface drainage patLern of the site west of Airport Road runs in a south m north direction imo O~e Pine l~idge Canal. The drainage patmm of the site e~st of Airport Road runs in a ~ to west direction into the Airport Road Carol. Both carols evenmm!ly discharge into the Cocoh~tchee River. The Stormw~ter Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Developmem Approwl. 1.3 DEVELOI~fENT OF REGIONAL I~.fPACT 1.4 Due to its scope, the Pelican Marsh Communlty has been r~viewed and approved by Collier County purstnni to Section 380.06, ElllliilL,flaitl~, as a Developrr~ni of R~ioml Impact (DRI). Developer has also r~ceived approval from the Florida Deparvnen~ of Community Affairs (DCA) for an application for a Prelimim~ Developrne~ Ag~'mni (PDA) encompassing 1,086.5 ac'a~ of th~ Pelican Marsh Community. This approval provided the State's authorization for the commenc~'nem ~ developn'~nt of the first phase of the community, which is below 80% of any applicable DRI threshold. DI~'~SITY Acreage of the Pelican Marsh Community is approximately 2072.88 acres and the ~ of dwelling units authorize! to be built punuant to ~ PUD is 5100. The gross project density, therefore, will be a maximum of 2.5 units per acr~. At ~i1 times all property included within the Pelican Marsh Community shall be included in determining project density including property reserved or dedicated for public uses. such as, but not limit~xl to, public roadways. 1-9 SECTION II PROJECT DEVELOPN[ENT 2.1 pLrRPOSE The purpose of this Section is to generally describe the plan of development for Pelican Marsh Community, and lo identify relationships Io ~pplicable County ordinances. policies, ~ proc:dura. 2.2 GENERAL DESCPdFlqON OF PRO/ECT PLAN A.ND PROPOSED LAND USES Pelican Marsh Community, a private community, will include a broad range of single family and multi.family housing, 63 holes of golf with clubhouses and other associatzd facilities, a rna.s~r planned activity center including a resort hotel and cultural facilities, stormwater rr~.nagement lakes, open spaces, and r~,erve areas. The Maser Plan is illustrated graphically on WMB&P, L,x:. File No. RZ-219-H. A Land Use Summary indicating approximate land use acreages is shown on the plan. Th~ location, slx, and confi~ration of individual tracts shall be determined at the time of PrelL, ainary Subdivision Plat approval with minor adjusur~n~ at the time of Final Plat approval, in accordance with Ankle 3, Division 3.2, Section 3.2.'/, of the Collier County Land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. P~gulations for development of Pelican Marsh Community shall be in accordance with tl~ contcr~ of this PUD Ordh,,anc~ and applicable sections of the Collier County Land Development Code (to the exm'~t they ar~ rxx inconsistent with this PUD Ordinance) w~Jch am in effect at the time of issuara:e of any development order to which said regulatiom relate which auuhoriz-'s the consu'uction of improvements, such as but not limit~l to Final Subdivision Plat, Final Site Development Plan, Excavation Permit asxi Preliminary Work Authorization. Pr~limimry Work Authorization w~ approved by th~ Board of County Commissioners on May 20, 1993 and amcrded on April 19, 1994. Where ~ PUD Ordinance or subsequeraly adopted Ctxm'mmlty De~isn Guklelincs and Stand~xls fail to provide developmental standards, then the provisions of the most sinuilar zoning district or section of the Collier County Land Development Code shall apply. B. Unless otherwi~ defir~d herein, or as .nec__es_~rily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collk:r County La~; Development Code in effect at fl~e time of development order application. DEC 0 S 1997 Do Ik-~ioprner~ permktcd by th~ spproval of this PUD will be .mbje~'t to · conourrency r~view under hSe Adequate Publk Facilities Ordinam~ Article 3, Divhkm 3.1~ of~-~ Collier County ~ D~v~lol:mx~ Cod~. Unkss modified, waived or excepted by ~ds PUD or by subsequer~ requ~. ~e provisions of otha' applicable land development ~ remain in effect wi~h respect to the development of the hnd which comprises this PUD. Ail condkions imp,'~d herein or as represented on tbe Pelican Marsh Community Masu~r Plan are part of use reguhfions which govern ch~ nmnr~ in which ~e land may be developed. The Subdivisions Division of fl~e Collier County Land Developmem Code (Article 3, Division 3.2) shall apply to Pelican Marsh Community, excc~ wher~ an exemption ~s sec for~ herein or otberwi.~ ~ ixu'xttara to Lxnd Develolm'~r~ Code Section 3.2.4. Go Th~ Sit~ Developmen~ Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) s~ll a~ly m Peli~ M~h Co~, exit w~ an exemption ~ ~t fo~ ~rein or o~ g~ ~nt to ~ ~vcl~ C~e ~fion 3.3.4. 2.4 CO~13.JNITY DEVELOPMENT DISTRICT Th~ developer has est~blisbed fl~e Pelican Marsh Community Developmem Disuict ('PMCDD) to design, cortsu~a, manage, and maintain bu~'as~m and communi~ facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensur~ the provision of facilities and infrastru~mr~ for fl~e proposed development. Such infrastmcmr~ ~s may be construc~--'d, mamged and £manced by th~ PMCDD shall be subject m, and shall not be h'~consist~nt with, the Collier Count' Growth Mamgemen~ Plan a~l all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. Tbe land area is amenable lo infrastrucmr~ provision by a district that has the powers set forth ~n the charter of a Community Deveiopmem District under Se~ion 190.006 through 190.041, ~. Such a district h a legitimate alternative available both to the Count7 and to th~ landowner for the timely and sustaL,~l provision of quali~/ infrastructure under the ~rms and conditions of County development approvzl. 2-2 AGE,iDA 17[M, I~o. I~ O/(.~J DEC 0 997 2.S ROADWAYS Roadways within the Pelican M~r~h Community ~re included as one of the PMCDD providc~ infmtructur~ irnprovcrncnts. Stand~ for roads sh~ll be in compliance with rig applic3ble provisions of Collicr CouP/ L3nd Dcvelopmcnt Code r~gulating ~ub4ivisions. unless othcr~vise modif~d, waived or excepted by ~2tis PUD or approved during Prclimir~r7 Sutxlivision Pt~t approval. Tbe Developer reserves thc right to request ~bstitutions to Code design ~tandar~ in ~ccord3sr.= with Article 3, Division 3.2.. Section 3.2.7.2 of the Collier County L3nd Development Code. Thc Dcvelopcr. also rescrvcs the right to establish gates, gu3_~lhouscs, ~nd oiler access controls as may be deemed appropriate by the Developer on ali privately owr~ ;h'xl maintained project roadways. 2.6 LAK~ S~-'TBACK AND EXCAVATION Tha h~ke ~ctback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of rig Collier County Land Developracnt Code may bc reduced with thc administrative approva! of the Collier County Developmcnt ser~iccs Director ~d thc Pelican Marsh Design Review Committe~ (PMDRC). All L~cs grater th~n two (2) g:r~ may be exc3vated to rig n~ximum comrrgt~i~t exc~vatlon dcpths r, ct forth in Section 3.5.7.3.1., howcver rcmoval of fill from Pellc3n Mh'sh Community sh~ll be limited to an amount up to 10 percent per I~e (to a rn~imum of 20,000 cubic yards) of the total volume exc3vated unless a commcr~ excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY Uiilization of l~nd~ within all project rights-of-way for lzndscaping, decorative entrance ways, and sigrage may be allowed subject to r~vgw ~d administrative approval by the Developer and the Collier County Development Services Director for engir'~-dng aM safety considerations during the development r~vic'w process and prior to ~Y installatio,~. 2.8 MODEL HO~F_,S/SALES CENTERS Model homes, sale~ centers and other uses and str'act'ur~ relat.~d to the promotion ~ s~le of t'~l estate such as, but no~ limited to, p~vilic~, viewing platforms, gazebos, parking ar~s, tents, and signs, sh~ll be permitted principal uses throughout Pelican Marsh Community ~ubject to the requir~nents of Article 2, Division 2.6, Section 2.6.33.4 ~nd Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County La~ Development Code. 2.9 CItANGES AND AMEI~ME:NTS TO PUD DOC~fI~'T OR ~ ~ ~ ~ ~le 2, Di~ion 2.7, ~ 2.7.3.5 of ~ CoH~ ~ ~ ~vel~ ~. Mi~r c~g~ ~ ~r~ ~ d~ ~ ~ 8.3 of ~ P~ d~ ~y ~ ~ in co--ion wi~ ~ ~ of ~1~ ~ ~t a~l~flon ~i~ by ~ Collier C~ ~ ~!~ ~. 2.10 COI~{ON AREA MAINTENANCE Most common ar~a rnaira~mnc~ will be provided by 'the PMCDD. Tbe PMCDD h a legitimat~ alternative for the timely and ~-us~ined provision of quality common ar~a infi-a.m'ucmr~ and main~narr~ un~r the t~rms and conditions of a Coum). doelopment a~roval. For thos~ ar~as no~ mainlined by the PMCDD, u'~ I~vdoper has c,~_-:~--~ a properly owr~rs assochtion or asscx:iations, who~ functions r2ali include provision for u~ perpetual ma~¢ of common faciliti~ and ~ ~pac~. Tbe PMCDD or u'~ property owmrs association, as applicable, shall be rr..slxms~k for tt~ o~, mairacnanc~, and managen'zm of ~ ruffac~ water and stormwa~r manag~nent ~ and reserves r~rving Pelican Marsh Communiqr, in ~r~:ordanc~ with th~ provisions of Collier Coun~ Ordinanc~ 90-48 and Resolution 90-292, wgedzr with a_ny applicabk permits from th~ Florida Dq)artr~nt of Envirormen~ Regulation, U.S. Ann)' Corps of Engineers, and South Florida Water Managm~-nt District. 2.I1 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, Ixrrns, fences and walls ar~ gemrally permitted as a principal us~ 0u. oughout Pelican Marsh CommunRy. Th~ following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1 :I Sm2cmral walled berms - vertical Fence or wall maximum height: six feet (6'). as measured from [he fmhhed grade of the ground at the base of the fence or wall. For the purpo~ of this provhion, fmhhed grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landw,.ape berm. In these cases the wall shall not exceed__ six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:l or less, ~I No. DEe 0 £' 1997 2-4 I feet (4') in heist from thc top of berm clcvatlon for berms with Ln a.ycrage side slope of grcar~'r than 4:1 (i.e. 3:1). ~pe b~ffcrs, tm'Tm, t'¢rr..cs a.,'xi w~lls may bc consmictcd along the perimc~ of thc Pclkan Ma"~h Corm'nunlt~ PUD boundary prior to prd~ sulxtivL~ion plat and si~ development plan submittal. All such ar~s must be included in a landscape easement on fu'~l phis, or in · separa~ recorded Fences snd walls which are an inteD'~l pan of security ~d nccess control sLructures such as gate lxxlses and control gates shall nol be sub~cI to thc hei~,l~ limJalions se~ forth under 2.11 B, and shall be goven~ by h~c beiF, h~ limir~rlons for principal structures of ~e dL~ct in which g'~ ~re locked. In t~e case of a~-ss cor~rol su'ucmres within right-of-rays adjoining ~wo or more different districts. ~ more restrictive height sta~ shall apply. Pcdesthan sktcwalks and/or bike paths, water mamgcmcnt sys~ms and drainage may be allowed in landscape buffers subject to review ~d approval by ~ PMDRC. 2.12 FILL STORAGE Fill ltorale is generally permit~d as a principal use u~'oughout Pelican $~rsh Communit)'. Fill materi~l gencrl',~:d from properties owned or P4,sed by ~ developer may be t. mnspor~ sr'4 s~ckpiled wi~in ar~s which have been dismrbe~f~'ned. Prior to stockpilLng in these locations. · L~ter of Nod£~.~don alor~ with plans showing the Ioc~tions and cross-sections shall be submitt, cd to Colllcr County Project P, zwicw Services for review znd al:~'oval. T~ following standards shall apply: A. Stockpile maximum side slope 3:I B. Stockpile m~imum heiiM: thinT-fivc feet Fill storage areas shall be screened with a security fence at least six feet (6') in heigM nbove ground lr~l. Thc following FLUCCS Codc lands as shown on Map F of the Pclic.~n Marsh Community Application for Dcv~loprnent Approval may be used for fill storage: 200, 212, 214, 422, 424,740. Fill storage in excess of five feet (S') in height shall be located no closer than ~ hundred feet 000') from any dev~loped r~sidential properties. Soil erosion control shall be provided in accordame with Collier County Land Dcvclopmem Code Division 3.7. AGENDA DE0 0,0. 1997 2.13 DESIGN GUIDELINES AND STANDARDS The Collier County ph~nned Unit Development Distr~ h ~ to encourage ingenuity, innovation and imagination in the planning, d:si~n and ~k, vel~ or redevelopment of relatively large tracts of hnd under unified ownt-a~p or cresol, as forth in tbe Collier County Land Development Code, Ankle 2. Division 1.2. 2.1.20.1. Pelican Mar~h Community ~s planned as a private, large-scale, fm-'~d~y community under unified control, to be developed over ~n extended time period. Developer ha~ e~tablishcd community-wide design guidelines m",d standards to emure a high and eortsistent level o/' quality for comnmnity features srd facilities, which include features and facilities s~ch as landscapini, hardscape, water~.apes, si/nag¢, ligl~ing. ix~estrian systems, bicycle patl~, pavement treatmenis, roadway medhm, fences, walls, buffen, berms and other similar facilities. Upon approval of specific desl/n guidelines and standards by Collier County and Developer, those guidelines shall be comidered as mpplernental standards or r~l'air'mm~ of ~s Planned Unit Develolxneni Ordinance. Developer will also establi.O, supplemenIal design guidelines ~ smxhrds by rnean~ of r~:orded coveranu, condhiom, and restriaions, the cxism'r.e of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. ,Said cov, man~. conditions and restrictions shall provide that prior to submittal of ~n application for Preliminm~ Sulxlivision Plat, Final Subdivision Plat or Site Developmer~ Plan Application to Collier County, ~n applicant must fu'~ submit tl~ application to PMDRC for review And ,pproval. CoUier axmv snail not wept any such application for pr _c,o~__sing unless it is accompanied by a le~r indkadnl Developer's review ~nd approval. 2.14 REQUIRED ENVIRONMENTAL PERMITS Wbere t~ development of land within this Planned Unit Development r~quires a permit from a local, state, or Federal Agency with jurisdiction over tlz property (r~mlating agtmcy) pwpo~d for d~velopment, then tl~ Devdoper shall obtain such permits as may be required prior to the commenc~nent of comtruction or alter~k~a of the ~ specifically requiring such permit. Wher~ such regulating agency issues a permit. Collier County shall not impose conditions, exactions or modificatiom that are in conflict with or excoed the requirements of the issued permit, provided that Collier County may impose co~itions that ¢x¢--'¢~- And are not in conflict with the hsued permit if Collier County's regulatory jurisdiction a~ provided in the Collier County Gwwth M,magemeat Plan azxl Land Development Code ez__~__s tl~t of the other rtguhting agemies, la such a ca~. relative to thc specific Comay permit only. 2-6 DEC O 9 1997 Construction approvals from Collier County may be ph~d to allow ~ of portions of a particular use t,~at do not impact lands wttich require an cnvirorunct~ i~rmlt, provided fl~t such environmen~l permiu h~ve ~ applied for and are m~d~r process by the approprb, r~ agencies, ~xl subject to ~he unders~xli~ ~t h is ~h~ Developer's sole risk ii :'ich permiu are not funally issu~l to allow compl~on of the proposed use. 2.15 PRELLMINARY SUBDMSION PLAT PHASING Due io the siz~ and anticipated build-out period of Pelican Marsh Community. submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Cemin uses sh~ll be considered general permi~ uses r~'oughout the Pelic~ Marsh Commu~t7 PUD except in P~serve District. General permJr~d uses ar~ those uses which generally serve the Developer and residents of Pelican Marsh Community and a~ ~ypic~lly pan of the common infr~su'ucmre or m considered community facilities. A. General Permitted Uses: Essential s~rvices as set for~ under Collier County ~ Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary s~wage m:aument facilities. Lakes including lakes with bulkl~ds or other archi~:tural or mcmral bank trea[rr~nr~. Guardhouses, gatehcuses, and access control structures. Community and neighborhood parks, recreational facilities, community centers. Tempora~ construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants. including necessary access ways, parkin~ ~ and related uses. Landscape f~tures including, but not limi~l to, larglsc~pe buffers, bcrms, fences aM walls subject to th~ stand,mis set forth l:,-"-..,,.c~,~; '~" ct '~':~ .... .o. l //'.zd 2-? P~. 9. Fill storage subject to t~ standards set forth in Section 2.12 of'this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Bo IN:velopmcnt Standards: Unless otherwir~ set forth in this document, thc following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feet (IS') except for ~uard houses, gatehouses, ard access control structures which sh~ll have no required setback. Setback from property lines - one half ('A) the height of the su'ucture. Minimum disunce between structures which are par~ of an architecturally unified grouping - five feet (5'). Minimum distance between unrelated structures - ten feet (10'). Maximum height cf structures - ~enty-five feet (25'). 6. Minimum floor area - None required. 7, Mirdmum lot or parcel area - None required. Sidcwallcs. bikepaths, and cart paths may occur within Counv/ required buffers: however the width of the ro:lU~d buffer shall be increaso:i proportionately to the width of the paved surface of thc sidewalk. bLkcpath, or can'path. Standards for parking, landscaping, signs and other land uses where such sa.nda~s are not specified herein or within adopted Pelican Marsh CommuMty design sidelines and sm'xi~-ds, ~ to be in accordance with Collier Co,ney I..a. e41 D~vcloptnent Code in effect at t~ ticne of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS open space/buffer desigmtiom. These areas, in conjunction included within the Residential District, fully satisfy the open Thc PUD Master Plan identifies approximately 1211.8 acres included in thc Golf Course/Recreation and C)pcn Space Distxict. Reserve District, lake. and miscellaneous ~pace rm~.~trctnents of 2-1 Article 2, Divblon 2.6, Section 2.6.2'/and Section 2.6.32 of the Collier County I. and Development Code. 2.15 NATIVE VEGETATION I~TENTION REQ~ Pur~a~nt to Policy 6.4.6 of the Conservation and Coastal Managemem Element of the Collier County Growth Management Plan, 25% of the vhble naturally functioning native vegetation on site shall be retained. The total ar~a of vhble natural funaioning native vegetation within the PUD boundary is 871.9 acres, therefore 218.0 acres are required to be reaLtY. This requirement is fully satisfied within the Reserve District and no further preservation is rtquired. 2-9 SECTION IH RESIDENTIAL LA~'D USE DISTRICT 3.1 PURPOSE TIz purpose of figs Section is to identify permitted use~ and development ~trgard~ for arc~s wi~n Pelican Marsh Community designated on t~ Masu:r Plan as 'R." 3.2 MAX~II~I DWELLE~'G U,'NTFS A maximum number of 5100 rtsidcnfial dwelling units may be constructed on lands designated 'R.' .3.3 GENERAL DESCRIPTION A.re~ designau~d a~ "R' on the Master Plan are designed to accommodate a full range of reskicndal dwelling tylxs, compatible non-residcnlhl uses, a full range of r~weafional and educational facilities, essential service~, and customary accessory uses. The approximate acreage of the 'R' district is indicated on th~ PUD Mas~ Plan. This acrtage is based on concepn~l designs and is approximate. Actual acrt~gcs of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier Couruy 1.2nd Dev¢lopmenl Code. ResidenIial h-acts are designed to sccornmoda~e internal roadways, open spaces, parks and amenity arras, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PEIL",IITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erec~.d, alto'ed or used. or land used. in whole or pan, for other than the following: A. Principal Uses: Skngle Family Detached Dwellings. Single Family Patio and Zero Lot Line Dw~lli~gs. Two-family and Duplex Dwellings. Single Family Attached and Townhouse Dwellings. Multi-Family Dwellings including Garden Ap~ o Churches aM o~ber places of worship, subject to ColBcr ~ounty surf a~lmh~trative approval during Site Dcvel~ ~ rcv~"w to ~ddress site location, s~.e, ~ an~ cLu'ess, a~l buff~tng requirement, and subject to the Multi-family Development Standards set forth tn Table L Schools (public or private). Assisted Living Facilities, Group Care Facilities (Category I and ID, Care Unit~, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. Any other principal use which is comparable tn ramre with the foregoing uses and which thc Devcloprnent Services Director determines to be compatible in thc "R" District. Accessory Uses and Structures: I. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Scwices Director determines to be compatible in the 'R' District. 3.5 DEVELOPMENT STANDARDS Do Table I leu forth rl~ development standards for land uses within the 'R' Residential District. Site development standards for categories I - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to plated parcel boundaries. Standards for parking, landscaping, signs and other land uses where such stan~rds are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the ~ of Site Development Plan Approval. Ur. less otherwir~ indicated, required yards, heights, and floor acta standards apply to prir~ipal strucrares. In the case of residential structures with I common property dcvelopmcnt regulations may be waived or is approved by the Collier County Planning ~sic 3-2 Development standards for uses not specifically set forth tn Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3,3. of th~ Land Development Cc)dc in accordart, c with those standards of the zoning district which is most similar to the proposed use. provided a site plan Ankle 2, Division 2.6, Section 2.6,27.4.6 of the Collier Court/ ~ Dcvelopmem Code, Common open space requiremcnu are dccmod satisfiod pqrsuant to Section 2.17 of this PUD. Ho R~sider~l l~ts abusing those areas of Victoria Park Subdivision ~ ~F-3, F~r ~ Su~iv~ion zo~d ~F-2, ~ ~ s~ll ~ l~i~d zo single f~ily dwell~gs, muM-f~ly d~ll~gs,. ~r ~gc~nt f~ilitics a~ l~es, a~ ~sto~ s~gle f~ly ac~ ~s. Residential la~s abuning ~o~ ~e~ of Victoria P~k Su~ivision zo~ or ~Fq2, a~ Quail W~s ~s zo~ ~F4 s~ll ~fa~ly, a~ multi-family dwellings, wa~ ~gc~ f~ili~ ~ I~ a~ ~s:~ residen~hl accesso~ u~s. ~ multi-f~ily s~gle family uses. ~re shall ~ a minim ~mtion of o~ hu~r~ f~ (1~') ~ccn ~e two uses. In addition, a plaid ROW or planed la~ buffer wi~ a mi~um width of ~ feet (30') m~i ~ provid~ wi~ ~e o~ hu~red feet (1~'). Oft' street parking required for multi-family uses shall be accessed by parking aisles or driveways which arc separate from any roads which serves a development exceeding 96 uniu. A cul-de.sac road within the development may have abutting surface parking where thc parking serves 24 units or less. A green space area of not less than ten fe~t (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less. Single family patio and zero lot linc dwellings arc identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot linc dwellings shall be defined as any type of detached single f;mily structure employing a zero or reduced side yard as s~ forth herein. and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. A~ched or detached cour'O'ard residences which includcd cabana bedrooms separately accessed from the courtyard and not from the main house am pertained providing that: 1) The cabana structure must be connected to oiho' portions of the residence in a manner that gives the entire residence the appcaram¢ in elevation from the street of being one single family residence; 2) The cabana structures must he accessible only from the enclosed courtyard and must no~ be accessible directly from the street; and 3) The cabana structure may not contain prinm'y cookin,, facilities. Lv , TABLE I FELICAN ~L~I~SH CO~ DEVELOPMENT STA,~DARDS FOR "R" RF. SIDI~'rIAL A~ SINGLE PATIO & TWO $1~GL£ FAMILY ~IULTI A$SIXTED PERMFFTED USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY STANDARDS DE~'ACHED LINE DUPLEX TOWNHOUSE DW'ELLXNGS FACILITIES Ca~lory 1 2 3 4 5 Minimum L~ Atca 7,500 SF $,000 SF 3.500 $F°4 3,000 SF I AC I AC Fron{ Y~d 25 20 '~ 20 '3 20 ~J 25 25 Fron~ Yard fcc 15 10 10 10 IS Si~ Yar~ 7.~ '$ 0 or 7J 0 o~ .~ BN J ~H 20 OR .5 BH Rear Yard Principal 20 l0 20 20 BE BH Rear Yud Accessory 10 5 l0 10 15 IS Rear Yard Special '1 10 5 10 I0 .$ BH .$ BH Muimum lBuildinl Fleigh{ 3.~ 35 35 35 ~ Dis{znc~ ~et~en 12S 10 0 ~ I.~ .$ SBH .~ SBH Principal Stmcmrts Floo~ Area Mm. ($.F.) INtDO SF 1600 5F 1600 SF 1200 SF 1000 SF'8 haw i nvmmum fiooc s~a o4' ?~Q $.F. SEC'nON IV GOLF COURSE, RECR.EATION AND OPEN SPACE DISTRICT 4.1 FURI~SE The purpose of this Section is to identify permitted uses ~ development standards for ar~as within Pelican Marsh Community designated on the Master Plan as 'GCO' and Miscellaneous Open Space/Buffer. 4.2 GENERAL DESCRIPTION Areas designated as 'GCO" and Miscellaneous Open Space/Buffer on the blaster Plan arc designed to accommodate a fi:Il range of golf course, recreational, water management and open space uses, as well ~ to provide lands for community.related ancillary uses and essential services. 4.3 PER,MITTED USES AND STRUCTURF~ No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in pan, for other than the following: Permitted Principal Uses and Structures Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tcrmis clubs, health spas, equestrian clubs, and other recreational clubs. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds. water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks. nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any oiher principal use which is comparable in natur~ with the foregoing uses lnd which the Development Services Director determine} I9 ..~-- compatible in the 'GCO" and Miscellaneous Open SI: ~ce/Bufl~ ~lltici~"' .. r '.~.: i . B. Permir~t Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. Pro-shops. practice areas and ranges, golf ~ barns, rest rooms, shelters, snack bars, golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as. but not limited to. golf, tennis, and recreational related sales. Restaurants. cock'tail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis couru, swirru'ning pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. Any other accessory use which is comparable in nature with the foregoing uses and which thc Development Services Director determines to bc compatible in the 'GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS Co Principal structures shall be setback a minimum of twenty, feet (20') from "GCO' and Miscellaneous Open Space/Buffer dis~ct boundaries and private roads, and fifty feet (50') from all PUD boundaries ~ residential tracts, except where thc PUD abuts the Collkr County Wastewater Treatmen~ Plant or a public right of way, in which case Ne setback shall be one half ('/~) the height of ~ su-ucn~re. Accessory structures si'all setback a minimum of ten feet (10') from 'GCO' and Miscellaneous Open Space/Buffer district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential ~cu, exert where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half ('fi) the height of the structure. Lighting facilities shall be arranged in a manner which will prote~t roadways and residential properties from direct glare or ur.reasonable interference. Maximum height of structures. FIR5' fc~t (50'). Minimum distance between principal or accessory stru~ an architecturally unified grouping - Ten feet (10'). 4.2 G. H. I. $. MLuimum ~L~unce be~een all oO~er prlncip~l ~trucmrc~. Twemy fcc~ (20'). Minimum distance between all other acce~ory structures. Ten feet (10'). Mirdmum floor area - None required. Minimum lot or parcel area - None required. Puking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking Standards for parking, landscaping, signs and other la.nd uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier Count9' Land Development Code in effect at the time of Site Development Plan Approval. Ur~ess otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4-3 SECTION RESERVE DISTRICT ~.1 PURPOSE The purpose of thL~ Section is to identify permitted uses and development standards for areas within Pelican Marsh Cornmunity designated on the Master Plan, as Reserve. S.2 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary. purpose of the Reserve district is to retain viable mturally functioning wetland and xeric upland syster~, to allow for restoration and enhancement of impacl~:l or degraded wetland systenu, and to provide an open space amenity for the enjoyment of Pelican Marsh Community residents, 5.3 PERMITTED USES A.N'D STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Passive recreational areas, boardwalks, including recreational shelters and restrooms. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). Paved golf can pat. lu and unpaved pedestria~ paths in xeric upl~ds. Water management facilities, structures and Izkcs, including lakes with bulkheads or other archReclural treatments. Mitigation areas as provided in the Cocohatchee Strand Restoration Pl~n and other applicable permits. Roadway crossings and utility crossings at Pelican Marsh Boulevard. Vanderbilt Beach Road. Goodlev. e-Frank Road, and thc Cocohatchee Strand Golf Co~rse crossing/reconnection area. Utility lines in xeric uplands. Any other conservation and related open space activity or usc which is comparable in nature with the foregoing us~s and which the l~velopn~nt Servkes Director determines u) be compatible in the Resowe District. S.4 D EVELO PMF..N'r STANDARDS Ao All structures snail s~tback a minimum of five feet (5') from Reserve disuSct boundaries and roads, exc~p~ for pathways, boardwalks and water managcumu structures, which shall hive Ix) required setback. Lighting facilities shall be arranged in z manner which will protect roadways and residcnlial properties from direct glare or unreasonable inlerfercnce. C. M~irnum height of struaures - Twenty-five feet (25'). D. Minimum distance between principal su'ucturcs - Tc~ feet (10'). E. Minimum distance between accessory structures - Five feet (59. F. Minimum floor area o None required. G. Minimum lot or parcel area. None required. S~andards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Communiry Design Guidelines and Standards, are to be in accordance with Collier Court, Land Development Code in effect at the time of $i~ Development Plan Approvai. Unless otherwise indicated, required yards, heights, and floor arc~ sundards apply to principal ~tmcrorcs. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or u'act is required by Collier Coup~' Land Development Code Section 3.2.8.4.T.3 for preservation la. rxh included in the Rtservc District. In addition to Collier County, a conservation easement tray also be required by other regulatory agencies with jurisdiction over Resa-ve Distric~ lands. In addition to complying with provisions of the Collier County Land IX-vel~ Code, said e:csen-,ent shall be provided in accordance with the terms set forth in the applicable l:ermit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve Disu'/c~. Conservation casemcnu shall bc recorded in conformance with the Prelimi~,-.~ amended on April 19. 1994. / No. SECTION V~ C01~C~.'NITY FACILITY DISTRICT 6.1 The purpose of this sect{on L~ to identify permkted uses and deve{opment standards for areas within Pel}can Mar~h Community designated on the Master Plan as ' CF.' 6.2 MAXL~! SQUARE FOOTAGE A maximum of $0,000 square feet (gross floor area) of Commuaity Facility Uses may be constructed on lands designated * CF.* 6.3 GENERAL DESCRIPTION Areas designated as ' CF' on the ),{aster Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approxknatc acreage of the ' CF" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Ax:ml acreages of all development tracts will be provided at the time of Site Development Plan or PrelLminary Sulxlivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water mamgement facilities, and other similar uses. 6.4 PEP~MITTED USES AN'D STRUCTURF.,S No building or structur~ or part thereof, shall be erected, altered or used. or land used. in whole or part, for other than the following: Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings Child daycare facilities Civic, social and fraternal associations 6-1 Any other principal usc which is comparable in natur~ with tbe foregoing uses and which the D~velopment Services Director determir~s to be compatible in the "CF" District. Accessory Uses and S~'uctures: Accessory uses an4 structures customarily associated with the principal uses I~rrni~d in this district. 2. Recrcatio~l facilities. 3. Classroom facilities. 4o Any other accessory usc which is comparable in mture with the foregoing uses and which the Developmcm Services Director determines to be compatible in the ' CF' District. 6.5 DEVELOPMEN'r STANDARDS Bo Eo Principal structures shall be setback a minimum of twenty feet (20') from 'CF' district boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. Accessory structures shall be setback a minimum of twenty feet (20') from district boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. Setback from lakes for all principal and accessory uses may be zero feet (03 provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier Counp/ Development Services Department. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures. Eighty feet (80'). Mh'fimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). G. Minimum distance between all other principal structures - Twenty feet (20'). H. Minimum distance between all other accessory structures. Ten feet (10'). 1. Minimum floor area - None required. AGE~ ~.~ I',L,, · .-L-' Minimum lot or parcel a~ea - None ~quL"od. Standards for parking, landscaping, signs and other Iznd uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collie~ County Land Development Code in effect at the tLrne of Site Development Plan Approval. Un]ess otherwise indicated, r~quired yards, heighu, anti floor area standards apply (o principal structures. SECTION VII ^cTivrrY CEKTER DISTRICT 7.1 PLrRPOSE Thc Purl~se of this section is to idemify permitted uses ~xl devclopmem standax~ for ~ with~ Pclic~l Marsh Community desigrnted on the Master Plan ~s 'AC.' 7.2 btAX~I'L~! SQUARE FOOTAGE/ROOMS A rnzximum of 300,000 square feet legible floor ~ of reuil uses: 200,000 squ~re fee~ gross floor area of office uses. including up to 50,000 square feet of medical off~'s: 400 howl rooms and 80.000 square feet (750 scat) of cultural facilities may be consmicted on Izlxls desigr~cd 'AC.' 7.3 GENERAL DESCRIPTION A.rea~ designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and custortm'y accessory uses. The approximate acreage of thc "AC' dhtriet is indicated on the Maater Plan. This acreage is based on conceptual desig~ and is approximate. Actual ~r~g~s of all development tracts will be provided at the time of Site Development Plan or Preliminary Sutxtivision Plat approvals in accordance with Article 3, Division 3.3. and Diviaion 3.2 respectively, of the Collier County LaM Development Code. Activity Center tracts are designed to acco~ate internal roadways, open spaces, lakea and water management facilities, and other similar uses found in Activity Center areas. 7.4 PEI~XITTED USES AND STRUCTLq:LE$ No building or structure, or pan thereof, shall be erected, altered or used, or land uaed. in whole or part, for other than the following: A. Pertained Principal Uses and Structures: 4. 5. 6. Accounting, Auditing and BooUceeping Services (Group 8721). Amuaement~ and Recreation Services - Indoor (Groups 7911-7941. 7991. 7993.7997}. Apparel and Accessory Stores (Groups 5611-5699). Automotive Dealen and O~oline Service Ststiona (Groups 5511-5599). Automo~.ive Repair, Services, and Carwashes (Groups 7.514, 7515. 7542). 35. '7. Business Services (Groups '7311-'/352, `7359 excel~ airplane, industrial truck, portable toilet and oil field equipment renting and leasin8. 7361- .77397 except armored car and dog fermi, 7389 exce~ aucfioneering. bronzing, field warehousing, ralvaging of damaged mer~handi~). 8. Commercial Printing (Group 2`7752, excluding m'wspa~). 9. Depository Instirufio~ (Groups 6011-6099). 10. Eating and DriVing Establishments (Groups 5812.5813). 11. Engineering. Accounting. Research. lvlanage~ and Related Ser¥ices (Groups 8'711-8748). 12. Food Stores (Groups 5411-5499). 13. General Merchandise Stores (Groups 5311-5399). 1,1. Glass and Glazing Work (Group 1793). 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992..799`7. `7999 ) 16. Group Care Facilities (Category I and TI), Care Units. Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals. 8052. 8059). 1'7. Health Services (Groups 8011-8049, 8082. 8093. 8099). 18. Holding and Other Investment Offices (Groups 6,712-6,799). 19. Hotels and l~lotels not to exceed 400 rooms (Groups '701 I. ,7021. ,7041), :20. Home Furniture. Furnishing. and Equipment Stores (Groups 5,712-5,736). 21. Insurance Carriers. Agents and Brokers (Groups 6311-6399. 6411). 22. Legal Services (Group 8111). 23. Libraries (Group 8231). 24. Membership Organizations (Groups 8611-8699). 25. Miscellaneous Repair Services (Groups 7622-,7641, .7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning. coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaninS, :;mmithing, tractor repair). 26. Miscellaneous Retail (Groups 5912-5963.5~92-5999). 2'/. Motion ?icrure Theaters (Group `7832). 28. Multi-Family Dwellings including Garden ^panmenu. 29. Non-Depository Credit Institutions (Groups 6111-6163). 20. Personal Services (Groups ,7211. 7212, ,7215. ,7216 non-industrial dry' cleaning only, ,721,7. ,7219-,7261 except crematories. 7291-,7299). 31. Real Estate (Groups 6512, 6531, 6541). 32. Resort Recreation Facilities including but not Ih'hated to Tennis Clubs. Health Spas. Equestrian Clubs and other Recreational Clubs (Groups 7991..7999) 33. Public Administration (Major Groups 91.92.93, 94.95.96.9'/) 2,4, Recreation Services (Groups '/911..7922, .7929..7933, ,7941..7991..7993. .799.7. ,79~9) Security and Commodi~ Brokers. Dealer, (Groups 6211-6289). ACEN&~ ITEM Ea chaiq J es~l:r)ic e s 36. Social Services (Groups 8322-8399). 37. United States Postal Service (Group 4311 except major distribution center). 38. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 39. Video Tape Rental (Group 7841). 40. Vocational Schools (Groups 8243-8299). 41. Uses permitted under Section 3.4 of this PUD, subj~:t to the Development Standards of' Section 3.5. 42. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which thc Development Services Director determines to be compatible in the 'AC:' district. B. Pcrrni.cd Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permit[ed in this district. 4o C'ustomar'y accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishmenu, dancing and s~ged entertainn~nt facilities, and meeting rooms and auditoriums where such uses are an integral pan of a hotel or a motel, with common architectural standards, even if conuined in a free. standing building. Other accessory uses include, but are not limited to. recreational facilities that serve as an integral par~ of the permitted uses such as pool, tennis facilities, park~, playgrounds and playficlds. Separate dwelling units, such as villas or casitas may be under the management of a hotel without being considered a hotel room. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the 'AC" district. 7.5 DEVE LOP,'.,iENT STANDARDS A. Minimum Yard Requirements: Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a Izke for ail principal and accessory ,,~ (0') provided architectural bank treatment is incorporated ~.t~d~i~ 7.3 a.,xl subject to written approval from PMDRC. PMCDD and Collier Courm/Development S~rvic~s D~annznt. B. Exterior lighting shall be arranged in · manner which will prot~'t roadways and r~idential properties from direct glare or unro~rmble C. M~iznum ~ight of structures - One hundred fee~ (I00'). D. Minimum distnnce bctw~n all or, her principal s'm,~rcs - Twct~ f~t (20'). E. Minimum dis~nce between all o~cr accessory st, ruc~ur~s (excluding drive.t~,ough f~cilities) - Ten feet (10'). F. Min,i~num floor area - Seven hundred [700) squzrc fc~ gross floor arc~ on t, hc ground floor. G. MinZrnum lot or parcel area - Ten ~housand (10.000) square fc~. H. Mir~num lot width - Seventy five fc~ I. $~xtzrds for parking, land,aping, signs and or~r l~d uses who-e such s't.~ds arc not specified herein or wi~in adopt~ Pelican Marsh Corfu'hurtle' design guidelines and s~ndards, arc to be in accord~'~cc with Collio' Count,' Land Development C~e in effect at Re time of S:,~ Dcvelopn~n~ Plan Approval. Un. less o~hcrwisc indicated, requital y~rds, heights, and floor ar~ sundards apply ~o principal str~cturcs. J. The rr~x~um density for Adult Congr~gat~ Living Facilities and o~hcr q'pcs of elderly housing sh~ll be twenty.six C26) u~ts per ~n'oss acr~. K. Thc net plated pan:el density or' howl rooms po' ~ rr~y exceed ~wenv.six (26) rooms ~r acre; however. ~he ~o~1 r~mber of howl rooms permiucd in thc Activiv Ccn~r Distric~ shall be 400. 7-4 AGENDA NO. ~ ' "- ,,? 8.1 8,:2 PURPOSE GENERAL DEVELOPM]ENT CoMMrrMEN'~ The purpose of this Seclion is to set for',h the development commitments of Developer wi~n Pelican M~rsh Community. GENERAL All facilities shall be constructed in accordance with the f'mal site development plans, ~e final subdivision plats, and all applicable sta~e and local laws, codes and regulations relating to the subdivision of the land. except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of thc pertaining agencies. Final master plans. £mal site development plans or final subdivision plats, and standards and specifications of thc Collier County Land Development Code relating to the sarnc shall apply to this project, except as otherwise set forth herein. In addition, thc Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in thc rezone heazing before the Board of County Commissioners, shall control and be applicable to development of the subject prolxrty. The Developer. its successors and assigns shall be bound by said documents, commitments, and stipulations. 8.3 MASTER PLAN Thc Master Plan, WMB&P. Inc. File No. RZ-219-H, is an illustrative prelimimry development plan. The design elements and layout iilustr~t, ed on the Master Plan shall be understood to be flexible, so that the final design rmy satisfy thc Developer's criteria and comply with all applicable requirements of this ord--. The Devclolm'lent Services Director shall be authoriz~l ~o approve minor changes r~fu~rncms ~o the Pelican Marsh Community Mast~' PI~ upon wrim:n rc~lues~ of the Developer. The following limitations shall apply to such requests: Thc minor change or refinement shall be consist-at with thc Collier County Oro~ Managemer~ Plan and thc Pelican Marsh Community PUD document. L Co Do The minor change or refinement shall meet the criterion of Section 380.C)6(19)(e)2., Florid~ Statutes, and shall not require a ~Trninat~n and Public Hearing pursuant thereto. The minor change or refinement shall not constlnue a substantial change pursuant to Article 2, Division 2.7, Subsc~aion 2.?.35.1. of the Collica- County Land I)cvelopmcnt Code. 4. The minor change or refinemer~ shall be compatible with adjacer~ land uses and shall not create detrimental impacu Io abutling land uses. management facilities, and Reserve areas within or cx',tr~ ~o the PUD. The following shall be considered minor changes or refinements, subject to thc limitations of PUD Section 8.3A: Reconfiguration of Reserve areu, jurisdictional wetland limits, and mitigation fean~res as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier Couray, and where there is no funber encroachment into Reserve areas. Reconfiguration of golf course envelopes and design features. Internal realignment of rights-of, way other than a relocation of access points to the PUD.. Reconf}guration of residential parcels when there is no encroachtnent into Reserve areas. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in comp[lance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not eonstirute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. : ...... 8.4 POLLING PLACES Pursuant to Article 3, DivLsion 3.2, Section 3.2.8.3.14 of the Collier County Development Code, accommodation shall be made for ~e future use of buHdLng space within common areas for ~e purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of ~e Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common ar~as including homeowners associations or tenants associations. This agreement provides for said community recreation/public building/public room or sknilar common facility to be used for a polling place it' determined to be necessary by the Supervisor of Elections. 8.5 MONITOR.LNG REPORT An annual monitoring report shall be submiacd pursuant to Article 2. Division 2.7. Section 2.7.3,6 of the Collier County Land Development Code. 8.6 SUNSETTLNG This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such lime as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and eff~tive date shall govern. 8.7 TILL\'SPORTATION Th~ developer shall provide appropriate left and/or right mm lanes at all community access poin:s to public rights-of-way at the time of construction of each access. The developer shall provide arterial level s~eet lighting at all community access points to State or County public rights-of, way at the time of comtruction of each The developer shall provide a fair share conu'ibution toward the capital cost of mffic signals at any community access points to a public right-of-way when dc~mcd warranted by thc County. Thes~ signals will be owned, operated and maintained by Collier County. Do Fo Collier County and Developer entered into an Agreement dalai Janua~ 12, 1993, (herein 'Agreement') to address the alignment and environmental permitting for Vanderbilt Beach Road (herein 'VBR') through the Pelican Marsh Community property; and to address environmental permitting for the expamion of Goodies-Frank Road from Immokalee Road to VBR. As is set forth in the Agreement, Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property, Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental permits. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by Developer. upon request by Collier County, so long as that right-of-way is the alignn~nt depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to Developer, Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes. 1992. as is further t~ forth in Section 8.12 hereof. The value of said right-of, way dedication shall be equal to Developer's cost of acquisition of the property. There are acknowledged bemfits to both the County and Developer in the alignment of VBR shown on the Pelica~ Marsh Community PUD Master Plan. and as referenced in the Agreement and hereinafter as the 'Preferred Alignment'. However. there is the potential that the cost of envirormaemal permitting. mifigetion, design, and construction of the road sesment in its Preferred Alignme~ co, id be more expensive than an alternative alignment within the area of consideration referenced in Attachmem I to the Agreement. If the ultimate aligranent of V'BR within the Pelican Mar%h Community PUD boundarie~ is the Preferr~ Alignment or the ultimate alignment is otherwi.~ acceptable to Developer. Developer agree~ to pay the *Differecaial Cost" for the segment of VBR within Pelican Mar~h Community PUD boundaries. "Differential Cost' rmam the rr, asonably ascertaimble additional cost of envirorn'nental permitting. enviroramr~! mitigation, design and construction of that ~egn'mat of VBR within the Pelican Marxh Community PUD boundaries as compared to ~ total of the same cost elements for permltlable alternative alJgrm'~ents within the area of consideration referenced in Attachment I to the A~'eemem. Developer shall not be emitled to reimburserm, m under the Agr~ment or Road ~ Fee credi~ for the 'Dill'ciera. iai Cost' described herein. overpass Struc'm~. approved by the Board of act. ommodate ~ to s~x (6) lar~, is ncx ~e County's r~ix~ns Thc cost for ~csig-n, pertaining and ~ of th~ C, oodlc~-Frank Road Ko Mo Payment of Road Impact Fees shall be in accordance with ~ applicable ordinanc~ as amen~xl with the stipulation that paymem shall occur at the time of buildin~ permk issuarr, e o¢ in accordance with the requir~men~ of the Collier County Land Development Code. Division 3.15. Adequate Public Facilities. No Thee tran.stx~-,ation stipulations se~ forth in Section 8.7 of the PUD are not ~ as a novation of the referenced Vanderbilt Beach Road Air,~'ment: said Agre~n~ r,:rnains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right-of, way ami north of Hickory Road right-of-way. This buffer shall include a minimum slx foot berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of VandcrbiR Beach Road for public use. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed ia a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pulican Marsh to exit the Community. Such access may be restricted by the developer to maintain thc privacy aM security of the Pelican Marsh Community residents, Vehicular, pedes~ian and bicycle access connections between the Pelican Marsh Communi~3' and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalce Road/U.$. 41 intersection shall not be requb'ed. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airl:>On-Pulling Road to U.S. 41. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-ram funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41. Vanderbilt Beach Road. and Goodlerte. Frank Road. - AC',.N,. ~. The Pelican Marsh Community PUD Master Plan indicates access ~~'~") Pelican Marsh Community Activity Center which are coast: ient with,the Collier .., k..., '9~. s-J pg. ~ Po County ~ Development Code Access Management Plan ~ .M~p. The ea.~st mss from Vanderbilt B~ch Road to t~ P¢Ik~n M~rsh Ac6vity Cen~r (easl quadran0 was not shown on Collier County ~ Developmen~ Code Map 11 b~use that Map does not reflect ibe reconfi~ratlon of ~ Pclic~,n M~rih Community M~ster Planr~ Aclivity Center. Map 11 of ~ Collier County l~l Development C~e s~ll ~ d~ ~ by ~ ~tion of ~ P~ to reflect ~ ~onfi~tion of ~ A~ivi~ Center ~ ~e addition of ~ ~s~ost ~ss ~ sho~ on ~ Pcli~ M~h Co~u~ PUD M~r PI~. Developer alrees to dedicate (or cause to h~ve dedicated) w Collier County ~e road riiht-of-way required for thai section of proposed Livinlston Road wiu'gn ~ Pelican Marsh Community PUD boundaries, TI~ conveyance shall dedicate all property within the Pelican Marsh Community PUD e~st of the FPL easement to th~ County ·nd be by general warranty deed with · disclaimer ~ to ~ui~ability of purpose. Th~ timing of ~ dedication shall be at the request of Collier County · nd Collier County shall be responsible for all cos~ of conveyance. Developer sl~ll be entitled to impact fee credi~ for this dedication purn~nt to Ordimnce 92- 22 and Section 350.06(16). Florid· Stature, (19T/). The value of the property in 199'/for purposes of impact fee credi~ is $26,000 per acre. Credit per acre shall increase ever)' year based on adjustmenu to the Consumer Price Index. If Developer. at it~ ~ole option, chooses to landscape any pan of Vanderbilt Beach. Livingston or Air~n Road right-of-way in the vicinity of Pelican Marsh Community PUD. pursuant to a plan approved by County staff, the value of ·ny impact fee credits due for dedication of right-of-way m~de imrsuant to this PUD shall be available to reimburse Developer for expenditures in said landscaping efforu at the rate of 75% of said expenditures made pursuant to an approved plan. 8.8 WATER MANAGEMENT A. An Excavation Permit wiU be required for proposed lake(s) and Pine Ridge Carol r~location in accordance with Divbion 3.$ of CoIller County Ordinance No. 91- 102 and South Florida Wa:er M·mgemem Distric~ rules. Bo Co A copy of · South Florida Water M·mgement District Permit or Early Work Permit is required prior to comtmction plan approval. A letter of no objection from the Collier County Utility Division stating that no ~verse impacts on ~ percolation ability of the ·dj·cent wast:water tr~ument ponds will occur as · result of the Pine Ridge C·ml relocation shall be provided prior to subdivision construction plans approval or Prelimirm'y Work Authorization, which ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, on April 19. 1994. Eo 8.9 MI off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the t~ne of subdivision consm~ction plan approval. The fixed crest wek with emergency under~ow gate which r~laces ~ exist.~ng ~nil gate will be reviewed and approved by Collier County at the tLme of Cocohatchee Strand Restoration Plan construction plans or Prelin~nry Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19. 1994. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immo~lee Road (CR 846), Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The r~habilitation will be limited to normal refurbishment of the gates (including the bearings and access wal~) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations. if required, will not be the responsibili~ of Developer, the PMCDD. or their assigns. Collier Coun~T will contribute $9,000.00 to thc cost of design and construction. The rehabilitation shall be completed by the time the Cncohatchee Strand Restoration Plan is certified complete to South Florida Water Management District. Water rn~mgemcnt and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1~94. If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a poir~ inu'nediatcly south of thc lmmokalee Road amil gates. Maintenance responsibility by the PMCDD for this Portion will cease at the time of final development order for thc properts, encompassing said Portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to aM along the canal possible. The rate of post-development stormwater discharge into the Pine Ridge Canal, Airl:xm Road Canal and Immokalee Road Canal will be deten'Mned by SFW'MD during the surface water management permitting process. UTILITIES Ao Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D or irrigation wells. N~,. ~ ot ~ldin~ ~ foe ~ dis~l sub~ ~ ~in~ u~ F.A.C. lODe. ~ ~Y use ~uble a~ ~ation wefts. ~ proj~t w~ll ~ ~ed by cen~l ~uble wa~r dis~bu~on. ~ ~o~fion ~ ~wage ~ll~tion f~iliti~. l~gation wamr will ~ provid~ wi~ a ~arate d~ti~ sys~ ~li~ by omi~ wells, ~la~d water or ~r ~n-~ble ~r ~. Wamr dls~i~tlon, ~wage coll~ion a~ ~$sion f~Hiti~ to ~e proj~t are to ~ dcsigmd, com~c~, c~, o~ ~ ~i~ in a~rda~ wi~ Collier C~n~ ~di~ No. 88-T6 (~fer to a~ ~t approved PMCDD, Resolution ff93*lST), as ~¢d, a~ o~r a~licable C~n~ ~les a~ re~latio~. PMCDD will ~ res~iblt for i~allin; ~able wa~r aM ~igation water ~ice co~tio~ to dis~i~tion ~i~ for single f~ily oMy. U~ of ~micel will ~ a~roved on fi~l i~tion a~ a~me by Collier C~n~. All custo~n conmctin~ to the water distri~tion a~ ~wa~e collection to ~ comtmcted will ~ custome~ of ~ C~n~ aM will ~ billed by County in accordame with ~ County's esablisMd rites. ~¢ on-site water distribution system se~in~ ~e project must ~ coveted to Collier Coun~ Waler-~wer Oistrict'l (~ Diane) water ~[n available adjacent to ~e Co~ni~ ~ie$ com~nt wi~ ~ ~ requiremen~ s~clfied in the project's Utili~ Master Plan and exte~cd ~gh~t ~ proj~t. ~ring design of ~ facilities de~ e~ ~im s~ll miMm~d by I~pin$ ~ inte~i pi~lim m~ork wMm fmible. ~ proj<t's ~velo~r(s) his MSi~M or mccesson ~y mgotia~ an Ailment with ~e Dis~ct for ~ u~ of tmat~ ~wage ¢~uent wi~in ~ proj<t l~i~. for i~igation ~s. ~e ~v¢l~r w~ld ~ ~s~ible for providin$ all on- site pipin~ aM pumping factlit~s ~om ~ C~n~'s ~im of delive~ to proj<t tM mg~ia~ with ~ C~n~ to p~vide ~II or pm~l o~site facilities, as ~quir~ by ~ ~ comistent wi~ ~ vol~ of w~r ~ ~ utili~d. ~ utili~ co.traction d~nu for ~ proj~t'l ~nge sys~ s~ll pmpa~ ~ ~t ~11 ~wage flowin~ to ~ C~'s ~ ~ salton ~a~miR~ by om (1) ~in on-site ~mp ~tion for each ~wage coll~tlon basin. ~ ~ ~ design aM confi~ntion of ~ ~r ~ safion, flow by into ~ salton will ~t ~ ~ssible. ~ ~vel~r's En$tmer ~11 ~ · e Coun~ laff prior to co~eming pmpantlon of :om~ction dnwings, ~lt Ill M~ of ~e ~nge system design can ~~'~ Count's ~wer ~ster plan. Ho. ~ L"-..;: ' ':? I No Tl~ ~zl~ting off-slte udlity facillde~ of ~paci~ ~ ~e ~ proj~t wi~ ~ Count's Wa~r M~r Plan hydraulically provide d~s of ~ projecl r~u~e~n~ will ~ waiv~ provid~ s ~ s~ ~ o~ ~om Collier C~n~ Udlides Division s~tin~ capacities ~o ~e ~[ p~ of ~ proj~t at ~ ~ udli~ ~i~ ~ ~i~. The existini off-site sew, ge transmission facilities of the Dhtrict must be evaluated for hydraulic capacity to ~erve this project and improved as requh'~ outside the project's boundary lO provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing t;ansmission facilities. This requirement will be waived provided J. wrinen statement is obuined from Collier County Utilities Division suting that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. Within the Pelican Marsh Community landscaping (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of i utility line. Canopy trees may be located seven feet (?') from ~e utility line (seven feeI ~') being measured from the trunk of the tree to the centerline of the utility line). Reconstruction of sidewalk/pathways or mogification/re-insullation of plant materials due to necessary maintenance of utility line will be the responsibility of the Developer its successors or assigns. Collier County Utilities Division si.all allow the installation of potable water and irrigation water service connections to distribution maim during construction of the single family suktivision utilities. The inst,,tllation will be scheduled upon request and payment of fees by the developer, its successors ~ncl/or assigns. The installation will be in accordance with ~he approved plans sad spe~:ificadons. current policies and procedures, and performed by the developers' contractor. The conLractor must be approved for the installation by t21e Collier County Utilities Division. Fees will be determined by the currrnt ordirar~ in effecl at the time of the request for connections. Reimbursement of ~tion fees will be rebated to the developer annually based on meter installations. Developer will prepar~ a study to determine the most effective and efficient means so shield the light source spill-over from the sports field ii~,hts at Vet_-,ran*s ?wk. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County ar · Director for review and approval. Developer will pro ~ engineered drawings and specifications suitable for bide [1'~ by the r'c~s~,/ I-9 I / Developer will pay fl~ County ~he value of ~ liiht shield tnstall~do~l ~1 receive impact f~e cr~lits for tt~ value of ~e work. 8.10 A. In order to avoid r~itive r~view of envtronma~l issues in subsequem mgcs of · e Cour~ dcvelopmcnt approval process, ~ requb'cment for obta~'Rng spprov~ of an EnviroP.menul Impaa S~t~nen~ (EIS) pursuant ~o Division 3.8. Section 3.8.3 of ~ Collier County Land E)evelopmo~ Cod~ shall be d~rn~d satisfiod for all furore ~ctivities which tak~ plac~ within ~ Pelican M,~'sh Cornmu~ty PUD boundaries that require County permits for or Cau~ approval of dcvelopmc~ or sir~ alteration. This provision is based upon (1) approv~l of thc ?elic~n Marsh Community application for Development of Relior~l Impact and the Pelican Marsh Community £nvironmental Supplcmcrg submittal in conjunction with this Application For Public Hearing for PUD Rezone; and (2) the Pelican Community PUD £IS submi~..d in conjunction with the Application for Public Hearing for PUD Rezone which was approvcci via County Ordinance ff93-27. This provision shall apply to the Developer, its successors, or assigns. B. Pursuant to Collier County Land Dcvelopmcn~ Code Article 3, Division 3.8. Section 3.8.8, thc ?clican Marsh PUD ES cited in provision 8.10.A above sh,xll constitute Collier Counv/'s review and approvaJ of all cnvironmem,xl resources and environmental quali~y issues cor~ined in the l~lica~ Marsh Community Application for Dcvclopmc~ of Region,xl Impact in so f~ as said issues spccifically pertain to lands contained within fl~e Pelican Marsh PUD boundaries. as defined via County Ordinance C. Provisions 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed cnvironment~l conditions on thc site relative Io species of spcchl status pursu,x~ to Collier Counp/Land Developrnen! Code Section 3.8.5.4.1.5.cl. and e. D. Thc Collier Count' 'ST' overlay has been ¢limina~d and replaced by this Planned Unit Development. however all existing Collier County wellficld and/or groundwater protection zones shall remain in effccl unless o~grwisc modified by Collier County. £. Thc Cocoh~tchee Strand Mifiplion Bank is hereby creau~d ~nd incorpor~r--'d this PUD by reference. Tie Cocoha~chee Strand Reswration Flan (WMB&P, Inc. ]:ile No. ENV-88) depicts the improvements corgemplav.'d under the Cocohatchcc Strand Restoration Progr~'n a~d itemizes in tabular form the Cocohatcbee Strand Mitigation Bank features including mitigation ~fios a~l ~v~ilablc credits for impacts to Collier County jurisdiaion~i wetlands. It is unde~ both the Cocohatchee Strand Resloralion Program ~xl th~ Mitigation Bank rn~y be required by re/ulating agencies. I1 need to modify or revis~ the Cocoha~:hee So'and Rest 8-10 such Mitiiation Bank as depict:d on the P, tstoration Plan, such modif~.ations and revisions may be administratively approved by the Colli,:r County Dev~l~ Services staff. Fo In accordance with Policy ?.3.$ of the Conservation and Coastal Mamgemem Elemen~ of the Collier Coun~ Growth Management Plan, gopher tortoises shall be relocated to the 'GCO' District and to the Xeric Scrub C~tion Area. Compensation for lost habitat whose extent has been approved by thc Florida Game and Fresh Water Fish Commission (FGFWFC) sl~l be in accor~nc~ with FGFWFC policy. Collier County shall deter all environmental permitling regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collicr County on all approved permits. 8.11 SUBDMSION REQUIREM'E.\'TS AN'D STANDARD DESIGN SUBSTITUTIONS Pelican Marsh Community shall be required to conlrorm with thc subdivision improvement requirements scl forth in Collier County Land Development Code Ankle 3, Division 3.2. Section 3.2.8 unless otherwise sated in this PUD. The following substitutions to the improvcmen, standards arc approved for Final Subdivision Plat requiremenu: Sidewalks, bike paths shall conform with Subsection 3.2.8.3.1'/except as follows: I. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bik~ath on each side of the street. 2. All other th,rough streets shall be considered local streets and shall be required to have a sidewalk or bikcpath on one side of thc street. All cul-dc.sacs ~rving more than fifty ($0) sinile family lots shall be required to have a sidewalk or bikepath on one side of ~ strc~. All cul-de.sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or biktpath provided the following conditions arc satisfied: The right-of, way section shall include two twelve foot (12') wide travel lanes, and the gross density of the cul-de-sac shall be less than two (2) units per acre. uo. I._~ Bo Private stTeets shall conform with ihe right-of-way ~ pav.cmeni width requiremenLs of Subsection 3.2.8.4.15.5 exc.~t as follows: Cul-de-sac and local streets less than one tlx~tsand feet (1,000') in length are required to have a minimum forty fc~ (40') right-of-way width and two ten foot (I0') wide tr~vel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. All od~er cul-de-sacs are required to have a minimum fifty feet (50') right- of-way width and two a:n foot (10') wide travel lanes, subject ~ to the conditions of Section 8.11.A.4 of th.ls PUD. All o~hcr local streets are required to have a minimum rift7 feex (50') right-of-way and two twelve foot (12') wide travel lanes. Where sidewalk design substitutions arc desired per Section 8.11.A.4 of Ss PUD. cul-de-sac su'eets shall have a minimum of two twelve foot (12') wide travel lanes. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand f¢~t (1000'). Tangenu between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet C7~'). Eo Su'eet grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida ~ of T~rtation. Manual of Uniform Minimum St,~cl~ds CFDOT MUMS) and AASHTO criteria are met. Roadside slopes within private street rights-of-way may be allowed to a maxLmum of 3:l in accordance with FDOT MUMS, page 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal wigan the PUD boundaries will be relocated as shown on the Pelican Marsh .Community Master Plan. The de~i~ of the relocated carol incorporates fe3tures intended to fully mitigate for any ~ associ~xl with its construction and elimination of the existi~ ca~O, tnd shall therefore ncx requite the use of mitigation credits established under the Cocoha~bee Strand Re, oration Plan. Maintenance of the Pine Ridge Canal and associated cont:ol structures within tie boundary of the Pelican M~-sh Community PUD shall be the respons~ility of the PMCDD. : - ." i.~ ;~. %, · ' ·... 8-12 8.13 DEDICATIONS All dedications of proper~ or facilities for a public purpose, wheeler I~ ea.~mem or cle~, rnay, at ~vel~'s ~tion, co~in a ~i~on l~g ~ ~ ~ ~d ~bl~ ~. ~ a~idon, said d~i~tion, at ~l~r's ~on. ~y co~ ~ ~ cla~ ~ ~ ev~ ~ ~blic ~ ~ ~ d~~ ~ ~ c~ w~ a ~mb~ t~ ~. ~ '~mblc t~' will ~ a~ ~ ~ ~ ~1~ aM ~ ~nt~ at ~ time of ~ d~iotion, it ~ing ~ ~ of ~ ~ m M~ su~ciem ~ to co~ ~ u~ of ~ dedication. $.14 PELICAN MARSH CO~L'",~d'~ITY SCHOOL SITE The Pelican bfarsh Community School Site as shown on thc PUD Master PIY shall be subject to the following stnndards and restrictions: A. Permitted Usc Thc school site sh~ll only bc improved for and used as 3 school for school purposes. B. Building Setback Lines, Siz~ of Building and Building Height The minimum s~tback of any structur~ (including temporary, accessory and portable structures) from a property {inc or fight-of-way linc sh~II be twenty.five (25) feet on the northern and western property lines and tiff7 (50) feet on th~ eastern and sou[hem properry lin~. o No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty (20) fc~ in height. The maximum height of any structure shall be rncasured as sci forth in the Collier Coumy land Development Code. landscaping All areas not cover~! by structures, walk'ways or paved pa.,'kLng f~cilides shall be reasonably maintained and hT~gatod as lawn or landscape tr~2s to the pavement edge of any abutting s~s. to the property {inc and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water tranagcmcnt treas. No stone, gravel or paving of any type shall be used as a lawn. All required hwns and landscaping shall be comple~ at the time of completion of the su'uctur~s evidenced by thc issuance of a cenif'm.a~e of occupanc '~-..,-- · . .ency. -: -- .o. .. - . . ..~ Eo Signs Any sign inst211ed in, on or placed wi~n ~ School Site s~ll be no larger than ~en (10) feet in length by five (5) feet in height. Ligl~ng of any sign may be fluorescent upllght from grade, N'o neon or colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. Exterior Lighting All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use f~xtures, light source, insullation and control techniques to conuin light within t~e School Site and elh'ninate or minimize light spillage into or onto adjacent properxies. There shall be no nighttime lighting of athledc or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and B~pe. and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacc~ properties. All active sports areas including baseball, soccer, bask~ball, football. etc.. shall be setback twenty-five (25) feet from thc easterly and sourly'fly property lines. 8.15 NOTIFICATION OF PROX~IITY TO COUNTY FACILITY Developer shall include the following Notice in its ules cor~racts with purch,uers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest bound~y of the Coum3,'s Wastewater Treaunent Plant parcel on Goodlette Road: within 500 linear feet of the property boundary of Collier Cc Wastewater Treatment Plant. This notif~:ation is made request of Collier County.' 'This is to notify you that the property you are acquiring is located ~"/" ....""'" 1-14 ~ above notification will no longer be required wl~,n and if the Coun:y adopts tn ordinance or regulation addressing ~ subject: provk~d ~wever tl~t Developer s~ll comply wit~ tl-,e rcquirtments of said ordinance ot regulation, wi,crc applicable. LIS EXECUTIVE SUM~Y PETITION NO. PUD-97-13, MICHAEL R. FERNANDEZ, AICP, OF PLANNING DEVELOPMENT INCORPORATED, REPKESENT1NG ANTHONY J. HARTIG, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A MIXED USE PROJECT THAT ESTABLISHES TWO TRACTS, TRACTS "A" (1.82 ACRES) AND "B" (6.94 ACRES) FOR MEDICAL AND RELATED USES ON TRACT "A", AND MEDICAL AND RELATED USES, OR PUBLIC FACILITIES AND INSTITUTIONAL USES, OR 42 MIXED RESIDENTIAL DWELLING UNITS ON TRACT "B" FOR PROPERTY FRONTING ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), LYING APPROXIMATELY 300 FEET WEST OF VETERANS PARK DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.'76 ACRES, MORE OK LESS. OBJECTIVE: This petition seeks to have certain property as herein described rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. This property contains 8.76 acres more or less. CONSIDERATIONS: The property fronts upon the south side of Immokalee Road, west of Veterans Drive and Veterans Park Medical Center PUD, currently used as a produce market and landscape materials sales center. Veterans Park Center is a planned development with a potential mixture of land uses which include medical offices and support facilities, medically related uses, public facilities and as an alternative residential uses which are consistent with th~. provisions of the Collier County Comprehensive Plan. The subject property is comprised of two tracts which are defined by the south and west top of the bank of Horse Creek which traverses the subject property. The northeast tract, Tract A, of the subject property has an area of 1.82 acres. Total development on this parcel shall not exceed 20,000 square feet, which uses, are limited to medical offices and medically related uses. The southwest tract, Tract B, has an area of 6.94 acres. Total development on this tract shall not exceed 78,000 square feet of medical offices and/or medically related uses, or in the alternative 42 residential units, or a public service facility as delineated and described by an alternate PUD Master Plan (Exhibit C) which illustrates the development of Fire District Administrative Offices, a Fire Station and fire Suppression Training facility. Tract 'B" cannot be developed with more than one of the alternative uses. AGEND& No. DEC 0 9 1997 An evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiting staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be, 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 included with this executive summary. The property is located within the urban designated area on the FLUE Map. Consistency determinations are as follows: Land use and Density Medical Offices and Medical Sut~t~ort Services: By virtue of its proximity to a hospital (i.e. one quarter (1/4) mile) the property qualifies for uses of land which are medically related, such as medical practitioner offices, and related activities for human care. The FLUE contains no policies relative to commercial intensity. ~esklendal Uses; Pursuant to the density rating system the property qualifies for a density of six (6) dwelling units per acre by virtue of its thrill status. The petition is structured to allow forty.two (42) dwelling units on 6.94 acres of the site's master plan for a density of six (6) dwelling units per acre, therefore, the alternate residential development proposal is consistent with the FLUE. Public Services Facility Land Use; The FLUE authorizes various public facilities inclusive of fire suppression services through a rezoning or conditional use approval process. In this instance one of the two development tracts, tract B may be developed specifically for a fire district administration building, fire station and fire suppression training facilities. Inasmuch as this is a rezoning action it meets the consistency test for allowing public facilities in the urban residentially designated area. Other applicable elements were deemed consistent with the GMP as described in the approved staff r~on. Dev¢looment Standards: Development standards are provided for the various development scenario's. The maximum height of buildings is limited to forty-five (45) feet on Tract "A" and thirty-five (35) feet on Tract 'B". The setback from Immokalee Road is forty (40) feet for a building height of forty (40) feet and increases an additional foot for each additional foot of height up to forty-five (45) feet. Development standards are otherwise similar to those of similar commercial and residential zoning districts. A twenty (20) foot landscape buffer will be provided along Immokalee Road. With respect to LDC provisions having general applicability (i.e. parking, landscaping, sign~ standards) these all apply to this PUD. 2 BEG 0 9 1997 The Collier County Planning Commission reviewed this petition on November 20, 1997 and unanimously (7 to 0) recommended its approval to the Board of Commissioners as described by the PUD regulatory document and Master Plan attached to the Ordinance of Adoption. No communications were received in opposition to this petition nor were any presentations made to the CC'PC in opposition to the approval of this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on thc County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds fi.om other revenue sources in order to build needed facilities. GROWTH MANAGEI~IENT IMPACT: As described above the land use, density and intensity of development of the subject properW were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development Development permitted by the approval of this pelition 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 COMMISSION RECOMMENDATION: That Petition PUD-97-13, be approved as described by the drai~ ordinance of adoption and exhibits thereto (i.e. PUD document and master plan). .3 ?8.-- CHIEF PLANNER ROBERT J. MULHERE, AICP CURRENT PLANNING MANAGER DATE DONALD W. ARNOLD, AICP A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL $VC$. PUD-97.13 EX SUMMARY/md DAT~' ~ AGEN D~ I~T E I~ DEC 0 9 1997 P~* ~ AGENDA ITEM 7-H TO: FROM: DATE: RE: 3RA.NDUM CO G COMMISSION CO .......... · --~, ;~ur~ml~ r SERVICES DMSION OCTOBER 30, 1997 PETITION NO: OV, qNER/AGENT: PUD-97-13, VETERANS PARK CENTER Agent: Ch~ncr: Michael R. Fernandez, AIC? Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34103 Anthony J. Hartig c/o John P. Wilkes, P.A. 150 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33301 REOUESTED ACTION; This petition seeks to have certain property as herein described rezoned fi.om its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development. This property contains 8.76 acres more or less. GEOGRAPHIC LOCATION; The property fronts upon the south side oflmmokalee Road, west of Veterans Drive and the Veterans Park Medical Center PUD, currently used as a produce market and landscape materials sales center. (See location map following page) PURPOSE/DESCRIPTION OF PROJECT: Veterans Park Center is a planned development with a potential of a mixture of uses which include medical offices and support facilities, medically related uses, public fax:ilities and as an alternative residential uses which are consistent with the provisions of the Collier County C The subject property is comprised of two tracts which are defined by the south bank of Horse Creek which traverses the subject property. DE~ 0 9 1997 L: ""-~---- The northeast tract, Tract A, of the subject property has an area of I.$2 acres. Total development on this parcel shall not exceed 20,000 square feet, which uses, are limited to medical offices and medically related uses. The southwest tract, Tract B, has an area of 6.94 acres. Total development on this tract shall not exceed 78,000 square feet of medical offices and/or medically related uses, or in the alternative 42 residential units, or a public service facility as delineated and described by an alternate PUD Master Plan (Exhibit C) which illustrates the development of Fire District Administrative Offices, a Fire Station and Fire Suppression Training facility. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: The site's singular prominent natural feature is in the form of Horse Creek. The south top of the bank of this creek defines the boundary between the northeast tract and the southwest. The site is generally vegetated. Tract B likely includes wetlands along the creek, which may have been, in pan, created or maintained as a result of the Big Cypress Basin Structure located between the subject parcel and Immokalee Road. The subject property supports a variety of habitat including scrub oak and pine and the creek supports a variety of trees and understory vegetation including palmetto, oaks, and pine. The site has the following designation relative to flood - FEMA FIP~M Flood Zone AE (Special flood hazard areas inundated by 100 year flood, base elevation of 11 NGVD). Community-Panel Number 120067 0193 D, Panel 193 of 1125 for Collier County; Map's effective date: June 3, 1086. North- To the north lies Immokalee Road, Cocohatchee Canal and residential development. East - To the east lies a landscape materials sales yard and produce stand which is zoned "PUD" for a medical and professional office district. South - To the south lies the Veterans County Park. To the west lies the property known as the Southwest Professional Health Park PUD. Currently an Assisted Living Facility is under construction on a portion of the property. AGENDA ITEI~ No. ~ DEC 0 9 lg97 P~. 7 GROWTH MANAGEMEN'T PX,.AN CONSISTENCY: The property is located within the urban designated determinations are as follows: area on the FLUE Map. Consistency Land Use and Density Medical Offices and Medical Suv~rt Servic¢~;~ By virtue of its proximity to a hospital (i.e. one quarter (1/4) mile) the property qualifies for uses of land which are medically related, ~ch as medical practitioner offices, and related activities for human care. The FLUE contains no policies relative to commercial intensity. Residential Use~: Pursuant to the density rating system the property qualifies for a density of six (6) dwelling units per acre by virtue of its infill status. The petition is structured to allow forty-two (42) dwelling units on 6.94 acres of the site's master plan for a density of six (6) dwelling units per acre, therefore, the alternate residential development proposal is consistent with the FLUE. Public Services Faciliw Land Use: The FLUE authorizes various public facilities inclusive of fire suppression services through a rezoning or conditional use approval process. In this instance one of the two development tracts, tract B may be developed specifically for a fire district administration building, fire station and fire suppression training facilities. Inasmuch as this is a rezoning action it meets the consistency test for allowing public facilities in the urban residentially designated area. Traffic Circuli~ticm Element: In the opinion of staff based upon a review of the petitioners TIS and application of traffic generating standards, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) for any of the alternative development plans established in the PUD document and Master Plan. Therefore, the project is deemed consistent with Policy 5.1 and 5.2 ofthe Traffic Circulation Element. Policy 5.1 and 5.2 read as follows: Polio' S.I: The County Commission will review all rezone requests with consideration of their impact on the overall system and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate within one year at an unacceptable Level of Service unless specific mitigating stipulations are approved. Policy 5.2: Significant Impact is hereby defined as generating a volume oftraffic equal to or greater than 5% of the Level of Service "C" peak hour volume of an impacted roadway. No road within the projects radius of development influence is expected to operate below its designated LOS rating (i.e. "D" or "E") within one year ofthis approval. No. 121~ 1{3 DEO 0 9 1997 P~. ~,e~:reation And Open Space: This element ha~ application only with respect to policies relative to enhancing the amount of open space on a project by project bases as required by provisions of the Land Development Code. The LDC requires mixed use projects to provide thirty (30) percent of its area to be allocated for purposes qualifying as open space. It is not always possible to discern this on project~ which do not have jurisdictional wetlands (i.e. Preserves) identified on the Master Plan as in this petition. Nevertheless, general provision statements require compliance With applicable provisions of the LDC where the PUD lacks the definition to show consistency with "open space" preservation or enhancement features. This provision in such cases is therefore involved at subsequent development approval actions such as platting or site development applications. The provision of recreation services is generally a county responsibility which is given geographic specificity on the bases of identified needs, and available monies from impact fees. ~on~ervation And ~'oastal Management Element: Provisions contained within the development commitments section of the PUD ensure that the CCME policies will be achieved at the time of subsequent development approval actions. Water, Sewer and Storm Water Management: The subject property is served by the County's sewer system and water system. The project will be designed according to LDC requirements for storm water management. During the site development plan approval process the project will be required to be consistent with all relevant provisions of the LDC. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. This petition was reviewed by the EAB on November 5, 1997. Their recommendations are included in the Development commitments section of the PUD as well as those of jurisdictional staff. ANALYSIS: Staff completed a comprehensive evaluation of this land ~e petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The li~ted criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code evaluation and comment, and shall be used as the basis for a recommendation o: by the Planning Commission to the Board of County Commissioners. Each of t~ thus requiring ~taff appeal e potent~aI irfi]Ya~cts DEC 0 9 1997 Pg. ~ or considerations identified during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure (i.e., sewer, water, storm drainage and private utilities and other infrastructure (i.e. community facilities and services) and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Relations;hip to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. By virtue of its FLUE relationship the land may be rezoned in a manner which permits a multi- use project of residential and medically related offices and scm:ices, and public facilities. Similarly the development strategy may be structured to present "either or" development scenarios as the Veterans Park Center PUD proposes. Relative to the evaluation criteria of compatibility for non-residential uses it should be noted that the subject property lies contiguous to two PUD's where similar land uses (i.e. medical offices and medically related land uses) are approved, and is also contiguous to a regional county park: facility that provides a host of recreational opportunities that extend into the evening hours. In the opinion of staff, of the uses proposed, residential uses appear to be the least desirable, however, inasmuch as its FLUE designation is urban residential we cannot justify, not permitting residential useage. Clearly, therefore, a public use such as that proposed by the Fire Station and Training Facility affords an equally desirable use of the land based upon measures of compatibility. With respect to the matter of density, should development conditions dictate a residential response, it is staffs opinion that the proposed six (6) dwelling units per acre is justified given its location, and the fact that the only reasonable response to housing would be a multiple family product. Development of this property is timely given surrounding development characteristics and commitments, and is consistent with planning theories in support of maximizing the use of urban infi'astructure. Traffic: As indicated above approval of this petition would be consistent with GMP and in particular the 5% significant impact test. traffic policies, AGENDA ~T£M, DI C 0 9 1997 On-site and off-site circulation has inter-dependent relationships which if not concluded will affect the use of the land. The use of tract "B" for a fire administrative and fire suppression facility is dependent upon the provision of a fifty ($0) foot easement upon which an access road is to be constructed from Collier County. From the perspective of providing fire protection services it is essential that direct access be accomplished to Veterans Park Drive because of its median provision with Immokalee Road. Under terms of the PUD the fire district will be responsible for the costs of designing, purchasing and installing a traffic signal at the intersection of Immokalee Road and Veterans Park Drive. In the event Tract "B" is developed with medical offices, medically related uses, care housing or conventional housing its access will be achieved through Tract "A" requiring a crossing structure for a road over Horse Creek. Access to Immokalee Road will be limited to right-in/right-out together with a deceleration lane. An appropriate stipulation to this effect should be added to the PUD together with requirements to provide turning lanes as requested by Collier County at the time of SDP approval and to require consistency with the County's Access Management Plan. Utility Infrastructure (i.e. Sewer, Water Storm Water): Development occurring at this properly will be connected to the County's sewer and water distfibutien system, evidence which further attests to the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdividing or for approval of SDP's whichever first occurs. This project is divided into two development tracts by Horse Creek which will serve as the drainage outfall for this project and ultimately the Cocohatchee River. Staffrecommendations advise of the desirability of cleaning exotics and debris from Horse Creek and therefore enhancing and restoring its areawide surface drainage function. A stipulation to this effect shall be reflected in the PUD document. Community Services Su~ort Facilities; Both fire, police and other emergency services can be readily provided from the appropriate provider jurisdiction. Master Plan and PUD Developme.nt Standards: Master Plan: The master plan illustrates Land Development Code requirements relative to landscape buffers and water management and is other~vise subject to all applicable provisions of the LDC. The relative importance of an internal street system is dependent upon whether or not access will be provided along the south boundary thereby directing all traffic in connection with the development of Tract "B" to Veterans Park Drive, otherwise all traffic generated by site development will enter and/or exit Immokalee Road in a controlled fight-in/fight, out manner, therefore minimizing its effect on vehicular movements along the south lanes of Immokalee Road. Development Standards: scenario's. The maximum height of buildings is limited to forty-five (45) feet thirty-five (35) feet on Tract "B". The setback fi.om Immokalee Road is thirty- building height of thirty-five (35) feet and increases an additional foot for eacl: height up to forty.-five (45) feet. Development standards are otherwise similar Development standards are provided for the various development i've ~.2K~t~tS~ ~I~'~ additioni[~dff6f commercial and residential zoning districts. A twenty (20) foot landscape buffer will be provided along Immokalee Road. With respect to LDC provisions having general applicability (i.e. parking, landscaping, signs and architectural standards) these all apply to ikis PUD. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-97-13, as described by the draft ordinance of adoption and exhibits thereto (i.e. PUD document and master plan). CHIEF PLANNER KEVIEV, rED BY: ~HE P-~, AICP CURRENT PLANNING MAN~SI~R DO~. ARN0~_.D, AICP -- PL~SER. VlCES DEP..KKTMENT DIRECTOR VINCENT A. CALrrERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL $VC$. DATE DATE Petition Number PUD-97-13 StaffReport for November 20, 1997 CC'PC meeting. ~~L ~,MMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-97-I3 STAFF REPORT/md FInDInGS FOR PUD PUD-97-13 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Findinl: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that ail infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findinl~: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Find!ne: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the StaffReport. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 3. AG£NDAITEM~ No. i~ DEC 0 9 1997 ~ The PUD Master Plan has been designed to optimize internal land use relationships. Specific projects are required to provide buffering between projects. This will enhance internal compatibility. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. ~ The amount of open space set aside by this proiect will be made consistent with provisions of the Land Development Code at the time of subsequent permitting approvals.. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, ¥indinl~: Timing or sequence of development in light of concurrency requirements is not a significant problem. Its urban location in an area of intense development gives us assurance that a highly developed system ofurban infrastructure is in place. The ability of the subject property and of surrounding areas to accommodate expansion. ~indinE: The property now lies in the middle of intense urban development which is an indication that its timing for development is now ripe. This is fi~rther enhanced by its excellent access to the County's arterial highway system. These two conditions support the ability of this property to accommodate development. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. FindinE: The PUD has been designed in a manner consistent with current development standards as they apply to commercial and residential zoning districts. These together with requirement to comply with applicable provisions of the LDC all serve to achieve the public purpose of these regulations. FINDINGS FOR PUD-97-13/pd 2 OEO 0 '1997 REZONE FINDINGS PETITION PUD-97-13 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 consid~ed the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the element~ of the Growth Management Plan; Pro/Con: Evaluation not applicable. ~;ummary Findines: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objecti','es and policies. This consistency analysis is addressed at length in the staff report. Companion PU'D Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The site's singular prominent natural feature is in the form of Horse Creek. The south top of bank of this creek defines the boundary between the northeast tract and the southwest. The site is generally vegetated. Tract B likely includes wetlands along the creek, which may have been, in pan, created or maintained as a result of the Big Cypress Basin structure located between the subject parcel and Immokalee Road. The subject property supports a variety of habitat including scrub oak and pine and the creek supports a varieW of trees and understory vegetation including palmetto, oaks, and pine. The site has the following designation relative to flood - FEMA FIRM Flood Zone AE (Special flood hazard areas inundated by 100 year flood, base elevation of 11 NGVD). Community-Panel Number 1200670193D, Panel 193 of 125 for Collier County' Map's effective date: June 3, 1086. AGENDA iTI[M DEC 0,9 1997 Surrounding North - To the north lies Irnmokalee Road, Cocohatchee Ca~nal and residential development. East - To the east lies a landscape materin/s sales yard and produce stand which is zoned "PUD" for a medical and professional office district. South - To the south lies the Veterans County Park. West - The possible creation districts; To the west lies the property known as the Southwest Professional Health Park PUD. Currently an Assisted Living Facility is under construction on a portion of the property. of an isolated district unrelated to adjacent and nearby Pro/Con: Evaluation not applicable. S,mmarv FindinGs: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, a.n action which is expected given that timing is appropriate. Availability of adequate in.6'astructure, nearby urban development, support the timing relationship and justin, the rezoning action.. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Pro/~?gn: Evaluation not applicable. Summary Findinl~s.'_ The district boundaries are logically drawn and is the result of rezoning actions made permissible under the FLUE to the GMS. Whether changed or changing conditions make the passage of the proposed amendment necessary; pro/Cgn~.' Evaluation not applicable. Summary Findinl[s: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one and therefore supports the actio i~, .... land strategy contained within the PUD. DEC 0 9 1997 2 Whether the proposed change will adversely influence living conditions in the neighborhood: Pro'._ The subject property does not abut any residential area and as tach will have no adverse impact on nearby residential areas. Con: (i) None. Summary Findines: The proposed change will not adversely irffluence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least ~mount of adverse impact on adjacent and nearby developments. Additionally the degree to which this project is non.residential will have no adverse effect on nearby residential areas. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety; prg,:, (i) The property will access directly to Immokalee Road, a four lane median dMded highway now operating at a LOS which is convenient to the motoring public (ii) Analysis finds approval to be consistent with the Traffic Circulation Element. Con: (i) Unless improvements are made in a timely manner, urban intensification and expansion deteriorates LOS conditions on major roads which inconvenience the motoring public. Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP and was found consistent, which is a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; Pro:. (i) Immediate relationship to Horse Creek and the Cocoha immediate storm drainage capacity. 3 Pi:._ (-t~' - 10. 11. Urban intensification has potential to create short term drainage problems under unusual rainfall conditions. _~_~mman' Findings_: Every project approved in Collier County involving the utilization of iand for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Its proximity to a drainage canal system facilitates surface water management requirements. Whether the proposed change will seriously reduce light and air to adjacent areas; ~Pro/Con'.. Evaluation not applicable. $umman' Findings~ All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. In this particular project heights are similar or less than those allowed for contiguous properties. Whether the proposed change will adversely affect property values in the adjacent area; Pro..._.2 (i) Adjacent properties are already zoned for optimum usage while the land use proposed for this development are similar to abutting lands and should have no effect on property values. gon:. (i) None. ~;umman' Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. It should be noted however tD.t the development strategy proposed in part for the subject property is similar to adjoining land. Whether the proposed change will be a deterrent to the improvement or development of adjacent properD' in accordance with existing regu ation~a£ND,~T.£.~ ~ NO. ~ 1997 12. 13. 14. 15. Pro/Con: Evaluation not applicable. Summar~ Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of tiffs fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ]~ro/Con: Evaluation not applicable. Summary Findings: Thc subject property is zoned "A" Rural Agricultural. This is considered a "holding zone" particularly in the contcx't of its location and therefore it is expected that the property will be rezoned when marked conditions decide. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/C~n.'_ Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. Summary Findings: Whether or not there are other similarly zonec irrelevant. 5 AGENDA IT(M, · .,o.. restoentlaJ arras IS DEC 0 9 1997 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification; Pro/Con: Evaluation not applicable. ~rv~ The site will be altered to the ex'tent necessary to execute the developn,ent strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended; .Pro/Con: Evaluation not applicable. l;ummarv Findini~s: StatTreviews for adequacy of public services and levels ofserdce determined that required infrastructure meets with GMP established relationships. NOTE: ~ as used herein means the Collier County Growth Management Plan. FLLrE means the Future Land Use Element of the GMP. REZONE FIN-DINGS PL'D-97-13/pd 6 AGEHD^ ITEMt DEC 0 9 1997 o PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR REZONE / REZONE TO PLANNED UNIT DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant: Anthony d. Harti~, Applicant's Mailing Address: c/o John P. Wilkes, P,A, 150 North Federal Highway. Suite 200 City Fort Lauderdale State Florida Zip 33301 Applicant's Telephone Number: Res.: Bus.: 954 / 467-9200 Is the applicant the owner of the subject property? yes no ~ (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limit partnershipor other business entity, so indicate and name of principals below. X (d) If applicant is an owner, indicate exactly as recorded, and list all owners, ifany. See Exhibit "B" to this application for list ofall 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 actual owner(s) name and address below. Name of Agent: Firm: Agents Mailing Address: City Telephone No. Re.: Michael R. Fernandez. AICP Planning Development Incorporated 5133 Castello Drive Sltif¢ 2 State Florida Zip Bus.: 941/263-6934 94IA 34103 DEC 0 9 1997 DETAILED LEGAL DESCRIPTION OF PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit four (4) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTION ARISE CONCERNING THE LEGAL DESCRIPTION. AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 26 TOWNSHIP ,/85' RANGE See Exhibit "A" to this document. Address or location of subject property: 258*l-feet west qf the intersection of lmmokalee Road and Veterans Park Drive: immediately west of Veterans Park Medical PUD o 10. Existing land elevation Count' Flood Elevation 4,~ to 7.7 NGI'D FEMA Elevation II NGVD a° Date subject property acquired ~) or leased ( ): 16'~ day of March ,1984 Term of lease rg'a yrs./mos. b. If, Petitioner has option to buy, indicate date of option: n/a and date option terminates: rg'a Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property, no THIS APPLICATION IS INq'ENDED TO COVER: (Check which type of petition you are requesting): A. REZONING: PRESENT ZONING REQUESTED ZONING A - Ag'riculture Planned Unit Development REASON WHY APPLICATION SHOULD BE APPROVED: Reasons include: consistent, with and furthers the intent of the Growth Management Plan 11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTION? Yes X No IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. DE0 0 9 1997 P~. 12. IS THIS REQUEST A RESULT OF A VIOLATION? NO WAS THE NOTICE SERVED? 13. IF SO. TO W'HOM HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? /gQ 14. ARE THERE EXISTING STRUCTUKES ON THE PROPERTY? TYPE: CBS , FKAME , MOBILE HOME , OTHER I, Michael R. Fernandez. A/CP. President of Plannin? Deve/opment Incorporated [agent) being first duly sworn, depose and say that am the land owner's agent of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter anached to and made part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a heating can be advertised. We further permit the undersigned agent to act as our representative in matters regarding this Petition. Michael R. Fernandez. AICP Printed Name of Agent State of Florida County of Collier The foregoing instrument was acknowledged before me this 2tip day of August, 1997 by Michael R. Fernandez. AICP who (is ~rsonallv known to me) (has produced as identification) and who did f. lti.~;l.a~) take an oath. NOTARY PUBLIC - Theresa F. Fernandez (Printed Name) AG£NDA My commission expires: OEO 0 9 1991 0.3 COVENANT OF UNIFIED CONTROL I do hereby swear and affirm that I, Michael R. Fernandez. AICP. President of Planning Development lncort~orated- as have full power and authority to represent and bind all legal and equitable owners oi' prol:~'rty that is the subject of a rezone to Planned Unit Develovment (PUDI on the prolx'zty hereinafter descrilxd: Le~a! Description: See attached, Ex.b. ibh "A". Further, I affirm that I am authorized to file the application for the rezone and related petitions and any/all subsequent amendments or modifications. I understand that all terms and conditions ofthe r. g2o~ are binding on all owners and owner's heirs, successors and assigns. August 20. 1997 Date Michael R. Fernandez. AICP Printed Name of Applicant's Agent State of Florida County of Collier The foregoing instrument was acknowledged before me this 20 day of Aggg,5l, 1997 by Michael R. Fernandez. AICP who is ~rsonally known to me and who ~ take an oath. r4OT ¥ PU Uc / Theresa F. Fernandez (Printed Name) My commission expires: EXHIBIT "A" LEGAL DESCRIPTION OF SUBJECT PROPERTY TRACT / PARCEL "A"; A PARCEL OF 1.82 ACRES. MORE OR LESS: A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. THENCE NORTH 89 DEGREES 14' 12" EAST. ALONG THE NORTH LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET: THENCE SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF I $0.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458. PAGE 1300, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH 00 DEGREES 45' 45" EAST. A DISTANCE OF 50.00 FEET: THENCE NORTH 89 DEGREES 14' 12' EAST, A DISTANCE OF 29.62 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK I-t$8. PAGE 1300. SOUTH IS DEGREES 17' sg" EAST. A DISTANCE OF 26.55 FEET: THENCE SOUTH 01 DEGREE I0' 24' EAST. A DISTANCE OF 68.$$ FEET: THENCE SOUTH 1 g DEGREES 42' 47" EAST, A DISTANCE OF 50.69 FEET'. THENCE SOUTH 3-1 DEGREES 27' 53" EAST, A DISTANCE OF 63.15 FEET: THENCE SOUTH 62 DEGREES .43' 21' EAST. A DISTANCE OF 78.05 FEET: THENCE SOUTH 22 DEGREES 33' ! 1" EAST. A DISTANCE OF 78.94 FEET: THENCE SOUTH 50 DEGREES 09' 23" EAST. A DISTANCE OF 35.36 FEET: THENCE SOUTH 64 DEGREES 45' 48" EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE.QUARTER OF SAID SECTION 26: THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 26. NORTH 01 DEGREE 1 i'49" WEST. A DISTANCE OF 421.72 FEET. THENCE SOUTH 89 DEGREES 14' 12' WEST, A DISTANCE OF 185.~5 FEET TO A POINT O1'4 THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458, PAGE 1300, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH 00 DEGREES 45' 48" EAST, A DISTANCE OF 50.00 FEET. THENCE SOUTH 89 DEGREES 14' 12' WEST. A DISTANCE OF 80.38 FEET TO THE POINT OF BEGINNIN(3. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26, TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 89 DEGREES 14' 12" EAST. Page 1 of 2 DEl:) 0 9 1997 TRACT / PARCEL "B'; A PARCEL OF 6.94 ACRES. MORE OR LESS: A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE.HALF OF THE EAST ONE.HALF OF THE NORTHWEST ONE.QUARTER OF THE NORTHWEST ONE. QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNI'Y. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. THENCE NORTH 89 DEGREES 14' 12.. EAST. ALONG THE NORTH LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET; THENCE SOUTH 00 DEGREES 45' 48" EAST, A DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF A PARCEL DESCRIBED IN OFF1CIAL RECORD BOOK 1458. PAGE 1300, PUBL1C RECORDS OF COLLIER COUNTY. FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCKIBED; THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL, SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 14' 12' EAST. A DISTANCE OF 29.62 FEET: THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 14S8, PAGE 1300. SOUTH IS DEGREES 17' 59" EAST, A DISTANCE OF 26.55 FEET; THENCE SOUTH 01 DEGREES 10'24' EAST. A DISTANCE OF 68.55 FEET: THENCE SOUTH 18 DEGREES 42' 47" EAST, A DISTANCE OF 50.69 FEET; THENCE SOUTH 34 DEGREES 27' 53" EAST, A DISTANCE OF 63.15 FEET: THENCE SOUTH 62 DEGREES 4Y21" EAST. A DISTANCE OF 78.05 FEET; THENCE SOUTH 22 DEGREES 33' I I" EAST. A DISTANCE OF 78.94 FEET: THENCE SOUTH 50 DEGREES 09'23" EAST. A DISTANCE OF 35,36 FEET; THENCE SOUTH 64 DEGREES 45' 48" EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONCE.QUARTER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 26. SOUTH 01 DEGREES 11' 49" EAST, A DISTANCE OF 745.98 FEET TO THE SOUTH LINE OF THE ~EST ONE.HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST O~x~E-QUARTER OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE WEST ONE.HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE. QUARTER OF SAID SECTION 26. SOUTH 89 DEGREES 23' 52' WEST. A DISTANCE OF 33 I.g2 FEET TO THE WEST LINE OF THE WEST ONE.HALF OF THE EAST ONE.HALF OF THE NORTHWEST ONE.QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SAID SECT]ON 26. NORTH 01 DEGREES 10' 24' WEST. A DISTANCE OF 1166.76 FEET: THENCE NORTH 89 DEGREES 14' 12" EAST. A DISTANCE OF 32.47 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA AS BEING: NORTH 89 DEGREES 14' 12" EAST. TOTALING 8.76 ACRES, MORE OR LESS. Page 2 of 2 ,BB/18/1997 ~1:09 94Z6496215 62 ~J(X) I((IUI HgFIlllll I~lhl DEC 0 ~) 1997 ORD~NAJ~CE SO. g~- AN ORDINANCE ~ENDING ORDINANCE NL~{BER 91-102 THE COLLIER COUNTY LAND DEVELOPI~NT CODE ~ICH INCLUDES THE COMPREHENSI%~ ZONING REGULATIONS FOR THE UNINCORPORATED AP, FA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8526N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED RFJtL PROPERTY FROM 'A" RURA/, AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOFMENT KNOWN AS %rETERANS PARK CENTER PUD, FOR A MIXED USE PROJECT THAT ESTABLISHES TWO TRACTS, TRACTS ~A~ FOR F~EDICAL AND RELATED USES (1.82 ACRES) AND FOR MEDICA/, AND RELATED USES OR PUBLIC FACILITIES AND INSTITUTIONAL USES OR 42 MIXED RESIDENTIAL DWELLING UNITS {6.94 ACRES) FOR PROPERTY FRONTING ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), LYING APPROXIFATELY 300 F~ET WEST OF VETERANS PA.%K DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 FAST, COLLIER COL~:TY, FLORIDA, CONSISTING OF 8.76 ACRES, MORE OR LESS; ~D BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP, of Planning Development Incorporated, represen:ing ~.:hony J. Hartig, petitioned the Board of Coun:y Cormi~$~cners =o chan~e the zoning classiflca=lcn of the herein described real ~r:perty; NOW, iHERE~RE ~E iT CRiAi::ED by =he Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classlficatlcn of the herein described real property located in Section 26, Township 48 South, Range 25 Ea$:, Collier County, Florida, is changed from 'A" Rural Agricultural to "PUD" Planned Uni: Development in accordance with :he Veterans Park Center PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Ntnnber 8526N, as descrlbed in Ordinance N=.~ber 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with :he Department of State. -1- AGENDA I DEC 0 199 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT £. BROCK, Cler~ BY: TIMOTHY L. HARCOCK, Chairman Approved as =o Form and Legal Sufficiency Har~orie H. $=udenc Assis=ant Coun=y Attorney -2- DEO 0 9 1997 ,,._ ..2? VETERANS PARK CENTER A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Anthony J. Hartig c~o the Law Office of John P. Wilkes, P.A. 150 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33301 Prepared By: Michael R. Fernandez, AICP of Planning Development Incorporated $133 Ctslello Drive Suite 2 Naples, Florida 34103 941 / 263-6934 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE [)EO 0 ~ '1997 TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE ii 111 iv SECTION I II III IV V VI PROPERTY OWNERSHIP & DESCRIPTION 1-1 PROJECT DEVELOPMENT 2-1 COMMERCIAL TRACT A 3-1 COMMERCIAL TRACT B 4-I RESIDENTIAL ALTERNATIVE FOR TRACT B 5-1 GENERAL DEVELOPMENT COMMITMENTS 6-I 1-5 2-4 3-2 4-2 5-5 6-4 DE0 0 9 1997 LIST OF EXHIBITS AND TABLES EXI-tlBIT A EXHIBIT B EXHIBIT C TABLE I TABLE II PUD Master Plan Location Map PUD Master Site Plan Exhibit Land Use Table Summary of Development Standards for Ail Residential Structures AGEND~ IT,E M~ DEC 0 9 1997 Pg. ~ STATEMENT OF COMPLIANCE The development of approximately 8.76 acres of property in Collier CounIT, as a Planned Unit Development to be known as Veterans Park Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Comprehensive Plan. The commercial and residential facilities of Veterans Park Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Comprehensive Plan for the following reasons: 1.. The project development is compatible and complemen/a.ry to existing and future surrounding land u~es as required in Policy 5.4 of the Future Land Use Element. 2. The project development will result in an efficient and economical extension of community facilities and services az required in Policies 3.1.H and L of the Future Land Use Element. 3. The project will be served by a complete range of services and utilities as approved by the County, 4. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 6. The development is eligible for the development provisions of Comprehensive Plan Future Land Use Element, Future Land Use Designation Description Section. Urban Designation for support medical uses within 1/4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment. 7. The project meets the requirements and intent of the residential in-fill provision of the Comprehensive Plan's Density Rating System which is applicable if: a. the project is compatible with surrounding land uses; The proposed development is compatible with surrounding lands uses the implementation of the development standards contained within this document for setbacks, landscape buffers the site's existing natural features. b. the property, in question has no common site development plan with adjoining property,; Aa~.? ~ FY? ~ The subject property has no common site development plan wtth adjo nlng p~~ DEC 0 9 1997 iv There is no common ow-nership ~4th any adjacent parcels; and the parcel in question was not created to take advantage of the in-fill residential density. The land owner does not own any adjacent parcels. The subject parcels were obtained in 1984 and therefore not created to take advantage of the in-fill residential der~ity provision. The subject property is w~tl~n the Urban Residential Land Use Designation as identified on the Futu~'e Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE) and therefore is eligible for the base density as provided by the FLUE Density Rating System. The Density Rating System contained in the FLUE makes the property, eligible for a density of up to four (4) dwelling units per acre. The FLUE also contains an applicable provision for density reduction for lands within the County's Traffic Congestion Area which reduces by one (1) dwelling unit, the yield per acre; and. a provision for residential in-fill which provides for an additional 3 units per acre yield. Therefore the following tabulation is applicable: Base Density in Urban Area Traffic Congestion Area Reduction Residential In-fill 4 du/a - 1 du/a 3 du/a Total Eligible Density 6 du/a The site's residential component is 6.94+/- acres, see Table 1. Therefore. the maximum number of units this development is eligible for is 42 units and the proposed development is for a maximum of 42 units. The project site (not inclusive of Tract "A") will have a densi~' of 6,0 units per acre. This density is deemed consistent with the densi~' provided for by the County's Growth Management Plan. This parcel, a parcel of 8.76 acres is eligible for consideration for a Planned Unit Development (PUD) zoning district under the provision for In-fill Development which is applicable to parcels under the following definition: A parcel not less than t~'o acres in size, that due to its location and relationship to other developed parcels or parcels approved for development, may require special design standards for development ensuring its compatibility. Such design standards may include adjustments to yard~, height, size of structure, landscaping and buffering, and conformance with a common architectural theme. v DEC 0 9 1997 t 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpo~ of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Veterans Park Center. LEGAL DESCRIPTION The subject property being: SITUATED IN COLLIER COUNTY. FLORIDA. AND BEING THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER (W 'fi OF E V~ OF NW I/4 OF NW I/2) OF SECTION 26, TOWNSHIP 411 SOUTH, RANGE 25 EAST, LESS THE NORTH 100 FEET THEREOF AND LESS THE FOLLOWING DESCRIBED PROPERTY. FROM THE NORTHWEST CORNER OF SAID SECTION 26 BEAR NORTH 119 DEGREES 14' i 2" EAST. ALONG THE NORTH LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET TO THE INTERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF THAT CERTAIN DI'U~INAGE CANAL AS RECORDED IN OFFICIAL RECORDS BOOK IS11. PAGE 1111. COLLIER COUNTY. FLORIDA. PUBLIC RECORDS. AND AS SHOWN ON "PALM RIVER ESTATES UNIT NO. 7". A SUBDIVISION IN SECTION 23. TOWNSHIP 411 SOUTH. RANGE 25 EAST. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 12. PAGE 29. COLLIER COLrNTY. FLORIDA. PUBLIC RECORDS: THENCE. SOUTH 00 DEGREES. a5' 411" EAST. A DISTANCE OF I00.00 FEET TO THE INTERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 1146 AND THE POINT OF BEGINNrNG: THENCE, CONTINUE SOUTH 00 DEGKEES 45' 411"EAST, A DISTANCE OF 100.00 FEET; THENCE, NORTH S9 DEGREES 14' 12" EAST, A DISTANCE OF 110.00 FEET; THENCE. NORTH 00 DEGREES 45' 4g" WEST, A DISTANCE OF 100.00 FEET TO THE INTERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 846. THENCE, SOUTH 119 DEGREES 14' 12" WEST. ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF I I0.00 FEET TO THE POINT OF BEGI'NrNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.25 ACRES. PARCEL 6A-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHWEST 114 OF SECTION 26. TOWNSHIP 411 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY D FOLLOWS: ].] OEI~ 0 9 1997 COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF IMMOKALEE ROAD (S.R. $46), A !00.00 FOOT RIGHT-OF-WAY; THENCE RUN N. 89 DEGREES 55' 32' E. ALONG THE NORTH LINE OF THE NORTHWEST I/4 OF SAID SECTION 26 AND ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 696.09 FEET; THENCE RUN S. 00 DEGREES 04' 28" E. FOR A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S. iX) DEGREES 04' 28" E. FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 89 DEGREES 55' 32' W. FOR A DISTANCE OF 32.4? FEET TO THE WEST LINE OF THE WEST % OF THE EAST % OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, THENCE RUN N. 00 DEGREES 29' 50' W. ALONG THE WEST LINE OF THE WEST I/2 OF THE EAST % OF THE NORTHWEST I/4 OF THE NORTHWEST I/4 OF SAID SECTION 26 FOR A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD: THENCE RUN N. 89 DEGREES 55' 32" E. ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 32.84 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03? ACRE, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO AN ASSUMED BEARING OF N. 89 DEGREES 55' 32" E. ALONG THE NORTH LINE OF THE NORTHWEST l/4 OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. PARCEL 6B-T DESCRIPTION: ROAD RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTH~,qEST I/4 OF SECTiON 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF IMMOKALEE ROAD (S.R. 846), A 100.00 FOOT RIGHT-OF-WAY; THENCE RUN N. 89 DEGREES 55' 32' E. ALONG THE NORTH LINE OF THE NORTHWEST I/4 OF SAID SECTION 26 AND ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 696.09 FEET; THENCE RUN S. O0 DEGREES 04' 28' E. FOR A DISTANCE OF I00.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N. 89 DEGREES 55' 32' E. ALONG SMD RIGHT-OF-WAY LINE FOR A DISTANCE OF 1 I0.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 185.46 FEET TO THE EAST LINE OF THE WEST ~ OF THE EAST % OF THE NORTHWEST I/4; OF ~ NORTHWEST 1/4 OF SAID SECTION 26; THENCE RUN S. O0 DEGREES 31' 14" E. ALONG THE EAST LINE OF THE WEST ½ OF THE EAST i/~ OF THE NORTHWEST !/4 OF THE NORTHWEST I/4 OF SAID SECTION 26 FOR A DISTANCE OF 50.00 FEET; THENCE RUN S. 89 DEGREES 55' 32" W. FOR A DISTANCE OF 188.85 FEET; THENCE RUN N. 00 DEGREES 04' 28" W. FOR A DISTANCE OF 50,00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.217 ACRE, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO AN ASSUMED BEARING OF N. 89 DEGREES 55' 32' E. ALC 1-2 AGEND& iT, EM,, LR~ OF THE NORTHWEST I/4 OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. nd, alternatively described I~)' th e following l'ract / Parcel Descriptions: _TRACT / PARCEL "A": A PARCEL OF 1.82 ACRES. MORE Ol~ LESS: A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. TH~ZNCE NORTH 89 DEGREES ! 4' 12" EAST. ALONG TH~ NORTH LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET: THENCE SOUTH 00 DEGREES 45' 4g" EAST. A DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 145g. PAGE 1300. PUBLIC RECORDS OF COLLIER COUNTY. FLOKIDA: THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH 00 DEGREES 45' 4g' EAST. A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES ]4' 12" EAST. A DISTANCE OF 29.62 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 145g. PAGE 1300. SOUTH 15 DEGREES 17' 59" EAST. A DISTANCE OF 26.55 FEET: THENCE SOUTH 01 DEGREE 10' 24" EAST. A DISTANCE OF 68.55 FEET: THENCE SOUTH DEGREES 42' 47" EAST. A DISTANCE OF 50.69 FEET: THENCE SOUTH 34 DEGREES 27' 53" EAST. A DISTANCE OF 63.15 FEET: THENCE SOUTH 62 DEGREES 43' 21" EAST. A DISTANCE OF 78.05 FEET: THENCE SOUTH 22 DEGREES 33' 1 l" EAST. A DISTANCE OF 75.94 FEET: THENCE SOUTH 50 DEGREES 09' 23" EAST. A DISTANCE OF 35.36 FEET; THENCE SOUTH 64 DEGREES 45' 48" EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHg~ST ONE-QUARTER OF SAID SECTION 26: THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26. NORTH 01 DEGREE I I' 49" WEST. A DISTANCE OF 421.72 FEET. THENCE SOUTH 89 DEGREES 14' 12" WEST. A DISTANCE OF 188.85 FEET TO A POINT ON THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458, PAGE 1300. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF 50.00 FEET. THENCE SOUTH 89 DEGREES 14' 12" WEST. A DISTANCE OF 80.38 FEET TO THE POINT OF BEGFN%'ING SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION :26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 89 DEGREES 14' 12" EAST. TRAt:T / PARCEL "B": A PARCEL OF 6.94 ACRES. MORE OR LESS: A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST, THENCE NORTH 89 DEGREES 14' 12" EAST, ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 696.09 FEET: THENCE SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF a PARCEL .... 1-3 DEC 0 9 1997 [,,,. n. 0.7 OFFICIAL RECORD BOOK 1458. PAGE 1300. PUBLIC RECORDS OF COLLIER COUNTY. FLOR/DA. AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF 50.00 FEET; THENCE NORTH g9 DEGREES 14' 12" EAST. A DISTANCE OF 29.62 FEET: THENCE LEAVING 1'}t1:_ NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECOR. D BOOK 145g. PAGE 1300. SOUTH I$ DEGREES 17' $9" EAST. A DISTANCE OF 26.$$ FEET: THENCE SOUTH 01 DEGREES I 0' 24" EAST. A DISTANCE OF 68.$$ FEET: THENCE SOUTH 18 DEGREES 47" EAST. A DISTANCE OF $0.69 FEET: THENCE SOUTH 34 DEGREES 27' 53" EAST, A DISTANCE OF 63.15 FEET: THENCE SOUTH 62 DEGREES 43' 21" EAST. A DISTANCE OF 78.05 FEET: THENCE SOUTH 22 DEGREES 33' 1 I" EAST. A DISTANCE OF 78.94 FEET: THENCE SOUTH $0 DEGREES 09' ~23" EAST. A DISTANCE OF 35.36 FEET: THENCE SOUTH 64 DEGREES 45' 45" EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26'- THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26. SOUTH 01 DEGREES I 1' 49" EAST. A DISTANCE OF 745.91~ FEET TO THE SOUTH LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORT}D,VEST ONE-QUARTER OF SAID SECTION 26: THENCE ALONG THE SOUTH LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-OUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26. SOUTH g9 DEGREES 23' 52" WEST. A DISTANCE OF 331.82 FEET TO THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26: THENCE ALONG THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26. NORTH 01 DEGREES 10' 2-1" WEST. A DISTANCE OF 1166.76 FEET: THENCE NORTH 89 DEGREES 14' 12" EAST. A DISTANCE OF 32.47 FEET TO THE POINT OF BEGINNING. SUB.IECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 2~. TOWNSHIP ..18 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 89 DEGREES 14' 12" EAST. 1.3 1.4 P,ROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of the Anthony J. Hartig, hereinafter called "applicant or developer". GENERAL DESCRIPTION OF PROPERTY AREA Ao The project site is located within Section 26, Township 48S, Range 25 E. The parcel of approximately 8.76+/- acres is located on and south of County Road 8.46 (Immokalee Road) and approximately 250 feet west of the intersection with Veter~s Park Drive. The location can be further described as located approximately 1-I/4 miles east of US 41 North, ',6 mile east of Ooodlette-Fra.nk Road and 3/4 mile west of Airport-Pulling Road. The zoning classification of the subject property prior to the date of this approved PUD Document was A/Agriculture. 1-4 DF..¢ 0 9 1997 1.5 PHYSICAL DESCRIPTION The site's singular prominent natural feature is in the form of Horse Creek. The south top of bank of this creek defines the boundary between the northeast tract and the southwest. The site is generally vegetated. Tract B likely includes wetlands along the creek, which may have been, in pan, created or maintained as a result of the Big Cypress Basin Structure located between the subject parcel and Immokalee Road. As the site has an area greater than five acres, the development of the parcel will require the retention of a minimum of 15 percent of the subject property's viable habitat. The subject property supports a variety of habitat including scrub oak and pine and the creek supports a variety of trees and understor}' vege~tion including palmetto, oaks and pine. The site has the following designation relative to flood -FEMA FIRM Flood Zone AE (Special flood hazard areas inundated by 100 year flood, base elevation of 11 NGVD). Community-Panel Number 120067 0193 D, Panel 193 of 1125 for Collier County; Map's effective date: June 3, 1986. 1.6 PROJECT DESCRIPTION Veterans Park Center is a planned development of commercial acreage with a potential for a mixture of uses limited to medical support, medically related and other uses which are consistent with the provisions of the Collier County Comprehensive Plan. The subject property is comprised of two tracts which are defined by the south and west top of bank of Horse Creek which traverses the subject property. The northeast tract, Tract A, of the subject property has an area of 1.82 acres. Total development on this pared shall not exceed 20,000 square feet. The southwest tract, Tract B, has an area of 6.94 acres. Total development on this tract shall not exceed 78,000 square feet, or in the alternative 42 residential units or a public service facility as delineated and described by Exhibit "C" - Conceptual Site Plan, to this document. 1.7 fiE.O. RY_YLT_LE This Ordinance shall be known and cited as the "Veterans Park Center Planned Unit Development Ordinance." 1-5 AGENDA liEN( DEO 0 9 1997 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project's plan of development, relation.ships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. Ao Regulations for development of Veterans Park Center shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Comprehensive Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction ofimprovements such as Final Subdivision Plat, Final Site Development Plan. Excavation Permit and Preliminary Work Authorization. Where the regulations of this PUD Document fail to provide developmental standards then the provisions of the most similar district in the Count5' Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set for'th in Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of Veterans Park Center shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits. the provisions of other sections of the Collier County Land Development Code. where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan. including and use of land for the acreage noted, is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be two_ general land n~:,- tracts/acreage, which is graphically depicted by Exhibit "A". AB£nDb JTg-~-$ .o. 2-1 I EO 0 9 1997 VETERANS PARK CENTER ESTIMATED LAND USE SUMMARY NORTHEAST TRACT 20,000 SF 1 .$2+/- SOUTHWEST TRACT '/8,000 SF or 42 RESIDENTIAL UNITS or THE PUBLIC SERVICE FACILITY AS SHOWN ON EXHIBIT "C" 6.94"'/- TOTAL $.76+/- Includes open space or recreational areas that may be located within residential acreage. Total tract acreage utilized in the determination of residential densit)'. Table I is a schedule of the intended land uses. wi'b, approximate acreage of the total project indicated. The arrangement of these land areas are shown on the Master Plan (Exhibit 'A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. Modification to all boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, ~bject to the provisions of the Collier County Land Development Code or as othenvise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessary. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of AGENDt. lTEl~ common facilities. .o./~ 2-2 DEO 0 1997 2.4 2.5 2.6 Tract "B" may developed singularly as a commercial tract or in the alternative. singularly as a residential development or in the alternative for the specific public service use depicted by Exhibit "C" to this PUD document. Any combination of these is prohibited. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The intensits' for the proposed development shall not exceed 20,000 square feet developed on 1.84+/- acres within Tract A (10,870+/- SF per acre) or 78,000 square feet or a residential density of 42 units within Tract B (11,240+/- SF per acre or 6 units per acre). ~LATED PROJECT PLAN APPROVAL REOUIREMENTS Ao Prior to the recording of a Record Plat, and/or Condominium Plat for ail or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan. and as applicable, the Section 3.2 of the Collier Count5' Land Development Code and the platting laws of the State of Florida. Bo Exhibit "A". PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat. if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code. when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrasu'ucture improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Eo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Division 3.2. MODEL HOMES AND SALE FACILITIES WITHIN TRACT B Model homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the residential development of said tract as permitted by the Collier County Land Development Code. AGENDA IT£M~ No. I~ 2-3 DEO 0 9 1997 2.7 LANDSCAPE BUFFERS. BERMfi. FENCES AND WALLS 2.8 2.9 2.10 Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout Veterans Park Center PUD. DEVELOPMENT SCHEDULE The applicant has set a preliminary development schedule for the subject property for completion of improvements within Tract A by January 1999 and within Tract B by January 2003. This projection of the project's development can be no more than an estimate based on current m~rket knowledge. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities, v-hose ownership and maintenance responsibility is common to all of the subsequent purchasers of property within said development in which the common interest is located, that entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or another appropriate entity whose fimction shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Subsection 2.2.20.3.8. 2-4 No. t.6g,.lrd, u~-~. DEC 0 9 I 3.1 3,2 3.3 SECTION III COMMERCIAL - TRACT A The purpose of this Section is to set forth the regulations for the area designated on Exhibit "A", PUD Ma.~et Plan, as "Commercial-Tract A". A maximum of 20,000 ~quare feet of commercial shall be developed within Tract A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in pan. for other than the following: A. Permitted Principal Uses and Structures: 1. The commercial uses are as follows: ao Medical Office Medical Support and Medically Related Uses Pharmacies Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. permitted Accessory, Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Essential services and facilities. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. C. Conditional Uses Public facilities and institutional uses as may be approved through the Conditional Use review and approval process. DEVELOPMENT STANDARDS: A. ~: 20,000 square feet B. ~: 100 feet 3-1 AGENDA 17~ DEC 0 9 1997 Do Go 1. Front Yard: 2. Side Yard: 3. Rear Yard: 40 feet plus one foot for each foot of building height over 40 feet. 15 feet. 25 feet. Distance Be~'een Princit~al Structures: None. or a minimum often (10) feet with unobstructed passage from front to rear yard. Maximum Height of Structures: Forty-five (45) feet. Minimum Floor Area of Princit~al Structures: One thousand (1,000) square feet per building on the ground floor. ArchiTectural Common Theme: Structures within this Tract shall have a common architectural theme, inclusive of common use of materials and colors, as established by the development of the initial structure within the Tract. 3-2 DEC 0 9 1997 4.1 4.2 SECTION IV COMMERCIAL - TRACT B The parpos~ of this Section is to set forth the regulations for the area designated on Exhibit "A", PUD Master Plan, as 'Commercial - Tract B". A maximum of 78,000 square feet of commercial shall be developed within Tract B. Note: Tract B may be developed as residential as an alternative to commercial, see Section V of this PUD Document for applicable residential development standards. Tract B may be developed as a public service facility as depicted by Exhibit "C" to this PUD document as an alternative to commercial development. Tract "B" may developed singularly as a commercial tract or in the alternative, singularly as a residential development or in the alternative for the specific public service use depicted by Exhibit "C" to this PUD document. Any combination &these is prohibited. No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in pan. for other than the following: A. Permitted Principal Uses and Structures: 1. The commercial uses are as follows: Medical Office Medical Support and Medically Related Uses Pharmacies ACLF (with a maximum of 26 units per acre) Any other use which is comparable in nature with the foregoing uses and which thc Development Services Director determines to be compatible. Public facilities and institutional uses as are approved on the PUD Master Plan Site Plan Exhibit "C" to this document. B. Permitted Accessory_ Uses and Structures Accessory uses and structures customarily associated with the uses permitted in the above districts. Essential services and facilities. 4-1 AGENDA ITF~ DEB 0 9 1997 4.3 3. Any other use ~ich is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. C. Conditional Uses I. Public facilities and institutional uses not provided for by Exhibit "C" to this document, as may be approved through the Conditional Use review and approval process. DEVELOPMENT STANDARDS: 20,000 squar~ feet 1')0 feet Do Eo Go Setbacks: I, 2. 3. Front Yard: 25 feet. Side Yard: 15 feet. Rear Yard: 25 feet. Distance Between Princinal Structures: None, or a minimum often (I0) feet v, ith unobstructed passage fi.om front to rear yard. Maximum Height of Structures: Thirts'-five (35) feet. Minimum Floor Area of Princinal Structures: One thousand (1,000) square feet per building on the ground floor. Architectural Common Theme: Structures within this Tract shall have a common architectural theme, inclusive of common use of materials and colors, as established by the development of the initial structure within the Tract. 4-2 AGE.NP~ IT.,E,M ~ ,,,. DEC 0 9 1997 ....... .,,,. V7 5.1 5.2 5.3 SECTION V LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN TRACT B ALTERNATIVE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A" as Tract B, should it be developed for residential development. MAXIMUM DWELLING UNITS There shall be a maximum of 42 residential units developed within the Tract "B". _USES PERMITTED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family units shall not be mixed with single family units. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family structures. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the subdivision tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the LDC's Type "A" landscape buffer. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Uses: (1) Single family detached dwelling units (2) Single family attached, cluster homes, zero lot line and patio homes. (3) Duplex, triplex, fourplex dwelling units (4) Townhouses, garden apartments/condominiums, rental apartments (5) Common Recreational Facilities (6) Any form of attachment of dwelling units generally consistent with the uses listed above. ~ AGENDA ~7~&4 5-1 DEC 0 9 1997 5.4 (7) The clustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Code. (g) Open space or preserve area. (9) Water management facilities and lakes. (10) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Accessory Uses: (1) (2) Customary accessory uses and structures, including private garages. Recreational uses and facilities such as swimming pools, tennis courts. children's playground areas or similar uses. Such uses shall be visually and functionally compatible v, dth the adjacent residences which have use of such facilities. (3) Gatehouse/Guardhouse. (4) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. DEVELOPMENT STANDARDS (See Table II. for greater specificity) ~: All yards and set-backs shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word setback is used relative to a measurement be~en the buildings and a lot line and/or perimeter boundary ora parcel of land upon which buildings are to be consu'ucted, it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, the setback, 5-2 4) S) the road easement or property line. Principal buildings shall be set back a distance sufficient to provide for t~vo back to back parking spaces, one ofwhich may be in an enclosed space. When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of, way or non-planed drive, a minimum distance often (10) feet shall separate the principal building and any related parking facility, and a green belt often (I0) feet shall separate said right-of- way, or other non-planed private drive, from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such cases a parking apron of at least fifteen (l 5) feet shall separate the enclosed parking space from the edge of curb on a private fight-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. 5-3 AGEND,~ ITEM. DEC 0 9 1997 TABLE I I: -qUMM. A~,Y OF DEVELOPMENT STANDARDS FOR ALL R£SIDENTIAL STRUC-I/rRES PERMITTED USES SINGLE PATIO FAMILY (ZERO) 2 FAMILY/ SINGLE TOWNHOUSE/ FAMILY VILLAS/APARTMENTS MIN. LOT AREA PER STRUCTURE OR PER DWELLING UNIT 6,000 4,$00 2,400 2,400 2,400 S.F. SITE WIDTH 50 40 24 20 20 FEET MIN. AVERAGE CORD LENGTH 26 26 20 16 18 FEET SITE DEPTH MIN. AVERAGE 100 100 100 100 100 FEET FRONT YARD SETBACK ca) PRINCIPAL STRUCTURE (ii) ACCESSORY FOR MULTI-FAMILY COVERED PARKING 18 18 18 18 FEET 10' 10' 10*FEET SIDE YARD SETBACK 5 5**OR 0'* 7.5** 7.5'** 1S***FEET REAR YARD SETBACK (i) PRINCIPAL STRUCTURE 15 15 15'* 15'** 15***FEET MAX. BUILDING HEIGHT (i) ABOVE MFL 100 YEAR 35 35 35 35 35 FEET Cii) ACCESSORY STRUCTURE 3S 35 35 35 35 FEET FLOOR AREA MINIMUM/D. U. 1,200 1,000 1,000 1,000 800 S.F. Ho~es: For Principal Structures, ten (10) feet of w~tlands and/or wetland buffer may b~ included wx:hxn the required rear 7~rd setback; fo= ACCtlKr7 Stz'ucturel, £i~1 (S) fate; for the side yard of a Town~ouse, Villa or Roy House, ~en (10) feet. f~s~ ~ ~d~c~n~ OR HALF THE SUM OF TWE HEIGHT OF THE ~"I~tUCTUR~S; TWENTY-FIVE FEET Il LAK~' $ MAINTENANCE (21 ~ A 'T ~( i DEC, 0 9 1997 RESIDENTIAL DWELLING UNIT DEFINITION Patio/Zero Lot Linel: Means one wall of the residential structure is co-linear with a side propert3.' line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Single Family Attached/Town,house/Row House: means a multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. Villa: Means a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. ]~tlIllilllrff_~l:~: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villa. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed directly from the outside or from a common interior location. ~: Means a housing structure containing two dwelling units either vertically or horizontally attached. Clustered Housing: Means the placement ofm, o or more housing JtrucnJres of the r/pc de~ribed on a p~reel of landor/tract undcr common owncrship notwithstanding rJ)c condominium form of o~'ncrshlp of individual dwelling tmltJ, 5.5 AGENDA ITEM. DEC 0 9 1997 .... SECTION VI DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 6.4 The purpose of th.is Section is to set forth the development commitments for the development of the project. All facilities shall be constructed in accordance with Final Site Development Plans. Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, is subject to the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is subject to any commitments within this agreement. PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessary easements, dedications, or other insmunents shall be granted to insure the continued operation and maintenance ofall service utilities and all common areas in the project. MONITORING Pd~PORT AND SUNSET PROVISIONS The Veterans Park Center PUD shall be subject to the Sunset Pro, 2.7.3.4 of the Land Development Code. 6-I DEC 0 9 1997 6.5 Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. TRANSPORTATIO~ The development of this PUD Master Plan shall be subject to and governed by the following conditions: Immokalee Road access is limited to right-in / right-out only and its design shall include an appropriate deceleration lane. Arterial level lighting shall be provided at all PUD access points from or to public right-of, way when required by Collier County Transportation Division Staff. C D. Access to Immokalee Road shall be limited to a singular driveway. Tract A shall provide vehicular and pedestrian intercormection to the PUD located east of the subject property. Should Tract "B" be developed as a Public Service Facility Use under the provision of Exhibit 'C" to this PUD Document, then the end user shall be responsible for the cost of design, purchase and installation of a traffic signal at the intersection of Veterans Park Drive and Immokalee Road. This improvement shall be made concurrently with the development of the public facility and its funding shall be provided to Collier County prior to Final Site Development Plan approval. Collier County shall maintain and operate this traffic signal. The proposed traffic signal shall benefit Veterans Community Park and the proposed public service facility.. In partial consideration for the above commitment, Collier County shall provide a nonexclusive 50 foot ingress/egress, landscaping and maintenance easement along the north property line of Veterans Community Park adjacent to and from their common property line to Veterans Park Drive. This driveway shall serve as the access to the proposed public service facility. The improvements shall include a traffic control system at the intersection of the access easement and Veterans Park Drive. The end user shall be responsible for the development and maintenance of all improvements within this easement and such improvements shall be subject to the approval of the Collier County Parks and Recreation Department. Additionally, the North Naples Fire Control and Rescue Dia concurrent with the development of the proposed facilit, 6-2 tct sh~~ ~ an / DEC 0 9 1997 6.6 6.7 6.8 6.9 sidewalk/bike lane parallel and east of Veteran's Park Drive. The sidewalk/bike lane will commence at lmmokalee Road and terminate at the Park's gated entrance. LANDSCAPE BUFFERS AND LANDSCAPING FOR OFF-STREET PARKING In order to facilitate the retention of existing vegetation/trees, rows of parking may contain more than ten (I0) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) parking spaces are maintained within the overall development. Sidewalks, pedestrian walks and bike paths may be placed within required buffers, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, pedestrian walk or bike path. Monumental signs/community identification signage for the residential component of this PUD may be developed at all project entrances and within the commercial acreage in addition to the signs permitted by Division 2.5 of the Land Development Code. WATER MANAGEMENT The developer will remove all exotics, debris, trash, and other significant impediments to the flow of waters for the total width and length of Horse Creek within the project boundary. ENVIRONMENTAL This PUD shall comply with the environmental sections of the Collier County Land Development Code and Comprehensive Plan Conservation and Coastal Management Element at the time of final development order approval. Bo An exotic vegetation removal and maintenance plan shall be submitted at the time of Site Development Plan review pursuant to the provisions of the Collier County Land Development Code. Petitioner shall retain fiReen percent of the existing native vegetation on site (by area) or mitigate according to section 3.9.5.5.4 of Collier County Land Development Code. A Gopher Tortoise relocation / management plan shall be submitted to Current Planning Environmental Staff for review and approval. Prior to f~ al Final Site Development Plan or other final development order, as rr ay be 6-3 DEC 0 9 1997 6.10 Ee the petitioner shall submit a copy of the Florida Game and Fresh Water Fish Commission Gopher Tortoise Permit. The project's environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and applications shall be subject to review and approval by Collier County Current Planning Environmental Staff. Buffers shall be provided around wetlands, extending a least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands to remain on site. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Collier County Current Planning Environmental Staff. Petitioner is encouraged to accommodate the maximum amount of xeric oak habitat which is compatible with the proposed development. Specifically, consideration should be made to adjust the location of the lake and infrastructure shown on the Master Site Plan Exhibit attached to the PUD Document. The adjustment can minimize the impacts to the active Gopher Tortoise burrows which appear to share habitat with the property located east of the subject parcel. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement providing for such a use as a polling place shall be recorded in the official records ofthe Clerk ofthe Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6-4 AGENDA. IT£M ,, DEC 0 9 1997 ......... ~l llll i .......... i~11 ....................... [] ................ II I ......... IIIII I INS iNS DEO 0 9 1997 PARK ENTRANCE PUD EXHIBIT "C ^GEND DEC 0 9 EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 95-.22, WHICH ESTABLISHES THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY OBJECTIVE: To have the Board of ~ounty Commissioners amend Collier County Ordinance No. 95-22, which establishes the Immokalee Enterprise Zone Development Agency. The adoption of this ordinance will authorize the appointment of the Director of' the Department of' Agriculture as an ex-officio and a non-voting member of the agency. CONSIDERATION: The Board of County Commissioners discussed during their August 5, 1997, meeting, the merits of staffserving as voting members &their advisory committees. The intent expressed at the meeting was to appoint a staffmember as an ex- officio member of the board. By adopting this amendment their goal will be achieved. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance Amendment to Collier County Ordinance No. 95-22, which establishes the Immokalee Enterprise Zone Development Agency. SUBMITTED BY: "'"3 '/t'~,-~.~.t- Date: ///,/c7,7 '~J../awrence Perez~ HUI Mdnager REVmWED BY: ~-~r~/~'~t-''~ Date:/~-/?'~ .) "- Greff~ihalic, HUI, Dirjctor · ., ~ , j ,/' ~.5~'..~ "' z ~r~nce~t A. Cautero, AICP, Administrator Pt. _4_ 1 2 4 5 7 8 9 10 1! 12 13 14 16 19 20 21 22 23 25 26 27 28 29 3O 31 33 36 ORDINANCE NO. 97- AN ORDINANCE AMEND1NG COLLIER COUNTY ORDINA2CCE NO. 95.-22 BY REVISING SECTION TWO, THREE AI~'D FIVE; PROVIDING FOR AN EX-OFFICIO MEMBER TO TIlE I3,IMOKAI..EE ENTER. PRISE ZONE DEVELOPbIENT AGENCY {EZDA); SETTING FORTH AUTltORITY AND POWERS OF THE EX-OFFICIO MEMBER BY MODIFYING SECTION ~ ADDRESSING OFFICERS, QUORUM, RULES OF PROCEDURE OF THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AI~'D ORDINANCES; PROVIDING FOR EFFECTIVE DATE '~.TIEREAS. the Board of County Commissioners of Colher County. Florida. has adopted Ordinance No 95.22. Establishing the Immokalce Enterprise Zone De~,elopmcnt Agency (EZDAI; and WH£REAS. COlher County Go~emmcnt has a po)cy that no Co[l~¢r Count> cn:ployce shall serve on Board ot'County Commissioners Ad,,'~sor~' Boards or Commmecs; and '¢.TIEREAS. the Director of the Department of Agriculture for Collier County has had. and will continue to have, an integral role in the purposes and activities of the EZDA. it is necessary to appoint the individual holding that position as liaison to th,' EZDA and to direct that individual to assist the EZDA in attaining its goals pursuant to Sections 290.001 - 290.016. Florida Statutes. and Collier County Ordinance No. 95-22. NOW, THEREFOR.E, BE IT HEREBY ORDAIN'ED BY THE GOVEIL\'I'NG BODY, THE BOARD OF COUNTY COMMISSION'ERS, COLLIER COUNTY, FLORIDA that: SECTION ONE: Section T~ of Collier County Ordinance lgo. 95-22, entitled "Appointment and Compensation of the lmmo 'kalee Enteq~se Zone De~'¢lopment Agency" is hereby amended by adding a new subparagraph to authorize the appointment of an ex-officio member of the Al~enc>. as follows: SECTION TWO A~oointment and Compensation of thc lmmokalce Entemris~ l>¢vclo~ment Aecnc¥ A. The Agency shall consist of not fewer than eight (8) or more than thirteen (13) members which shall consists o fat least one representative fi.om each of thc following entities: Words underlined are added; words :::'::~ i No. DEO 0 9 1997 I I ) thc Immokalee Chamber of Commcrce. 2 :2) a Financial or lns~'~nce entity, 3 3) a business operating in ~he nominated Enterprise Zone, 4 4) a resident living in the nominated Enterptlse Zone, 5 $) a nonprofit community-based organization operating with the nominated 6 Enterprise Zone, 7 8 6) a local private industry council. 9 7) a local code enforcement agency, and 10 8) a local law enforcement agency. I 1 B. The importance of minority representation on the agency shall be considered in 12 making appointments so that the agency generally reflects the ethnic and gender composition of 13 the Immokalee community, 14 C. Members of the A~,.':ncy shall be appointed by and serve at the pleasure of the 15 Board of County Commissioners. 16 D Th~ ~rcc:or of thc Depanrne.nt qf Agriculture of ~ollie.r ('¢untv ~hall ~ ~' apps~;nted ~:s ;.; Cx-,,f:¥..,' ::Wmhcr ef :1~e Ag,;.,nc,~ ;md ,~h~I1 he a n,,;~.-voting re.ember of the, 18 A~encv_. 19 SECTION TWO: Section Three o£ Collier County Ordinance No. 95-22, entitled Te,rms of 20 Qffice of the Immokalcc Entemrlse Zone Dcvelooment Atencv. is hereby amended by adding a 21 new subparagraph as follows: 22 SECTION THREE: Teems of Office of thc l'mmokale¢ Entemfise ~one Development 23 Aeencv 24 The initial term of office of the Agency shall be a.s follows: 25 A) Two (2) members shall be appointed/'or a term of three (3) years. 26 B) Two (2) members shall be appointed for z terra of two (2) years. 27 C) One (I) member shall be appointed for z term of one (1) yell'. 28 D) The remaining initial members shall be appointed for a term of four (4) years. 29 Thereafter. such appointment or reappointment shall be for a term of four (41 years. Words url4¢rlfne4 are added; words ::.".':!: :F..':"g~ ar~ 2 delcte o. 0 DEC 0 9 1997 I Appointments to fill any vacancies on the Agency shall be for the remainder or the 2 unexpired term ororfice. 3 As the ex-offcio m~nb~r, the D~rector or the D~ar~ment or Acricultur¢ shall be 4 aDoointed to a term lastin~ for the lire ~rthe AIzencv. unless other~vise removed by the Board of 5 County Commissioner[, 6 SECTION THREE: Section Five of Collier County Ordinance No. 95-22, entitled Officers: ? Ouorum: Rules or Procedure 9f Ibc Immokal~ Enterorise Zone Devclooment A~encv is hereby 8 amended by adding a no~' subparagraph as follows: 9 ~ Officers: Ouorum: Rules or'Procedure orthe Immokalee Entervrise 10 Zone Develovment Ae~cv I I A) The Board ot' County Commissioners shall elect a chairman and vice chairman 12 from among the members, exclusive or the Director or the Deoar~¢nt 91~ A~'i~'uhure member. 13 Ol'ficers' terms shall be for one (!) )'ear, with eligibility for'reelection. 14 B) A majority or the votin~ membo's of the Agency constitutes a quorum for the 15 purposes of conducting business and ex~'cising the pow~s or' the Agency and rot all other 16 purposes. 17 C) Action may be taken by the Agency upon a vole or' a majority or the voting Ig members present. Copies of ali Agency minutes, resolutions, reports, and exhibits shall be 19 submitted to the Board of'County Commissioners. 20 SECTION FOUR: CONFLICTA.'~'D SEVEKABILITY 21 In the e%'¢nl this Ordinmce conflicts with any other ordinance of Collier Count)' or other 22 applicable law, the more rm~ctive shall apply. Itany ph~.~ or portion of this Ordinance is held 23 invalid or unconstivational by any court ofcomp~ent jurisdiction, such portion shall be deemed a 24 separate, distinct, and independent provision and such holding shall not affect the validity of the 25 remaining portion. 26 27 28 Words underlined arc ~dcd; words ~ ~ d 3 :]ctccC No. ~ DEC 0 1997 9 10 II 12 13 I-~ 15 16 17 I$ 19 20 21 22 23 26 27 SECTION Fl%q~: INCLUSION INTO THE COLLIER COUNTY CODE OF IoAWS ~,ND ORDINA~'CES The ~)rovisjons of this Ordinance shall become and be made a ~ar~ of the Code of Law~ and Ordinances of Collier Counlv. Florida. The sections oflh¢ Ordinance may be renumbered or rel¢ltered ~o accomplish such. and Ihe word "ordinance" may be chaneed to 'section." "ar~icl¢' or any olher ao~rooriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of S~te. PASSED AND DULY ADOPTED by' the Bo~d of County Commissioners of Collier County, Florida, this day of ,1997. ATTEST: D~.qGHT E. BROCK, CLEI~K BO.-M:~D OF COU.'N'rY COMMISSIONERS OF COLLIER COU.'NTY, FLORIDA By: Depuly Clerk By: TIMOTHY L. HANCOCK, Approved as to form and I~ sufficiency: Words underlined are added; words r,,~aa~hr, e4~ ar~ del 4 DEC 0 9 1997 EXECUTIVE SUMMARY RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE PELICAN MARSH DEVELOPMENT ORDER DOES/OR DOES NOT CONSTITLrrE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPME~ OF REGIONAL IMPACT REVIEW. The objective of this executive summary is to solicit from the Collier County Board of Commissioners a ruling that the proposed amendment to the Pelican Marsh Development of Regional Impact (DR/) Development 95-5 does not constitute a substantial deviation requiring further Development of Regional Impact review. CONSIDERATIONS: Chapter 380, Section (19)(b)(1) thru (16) define threshold revisions that constitute a substantial deviation to a Development of Regional Impact (DRD that would require further review. Generally these thresholds refer to increases in density or intensity of land use or decreases in open space. The proposed modification to the Pelican Marsh Development Order is for the purpose ofreducing the area covered by the Development Order and to make other minor changes. The result of this action does not abridge any of the thresholds for determining the significance of the change. A notification from the Regional Planning Commission or the DCA that they do not plan to attend the public hearing generally suggests that they consider the amendment insubstantial. Both the Regional Planning Council and DCA have been advised of your local public hearing and have advised that the amendments do not constitute a substantial deviation. Determination of substantialness pursuant to Florida Statute Chapter 380. I9 are not reviewed by the Collier County Planning Commission. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: Staff recommends that the Collier County Board of Commissioners determine amendment to Development Order 95-5 does not constitute a substantial deviatio~ Development of Regional Impact purmaant to Statute Chapter 380.06(10) (O (5). DEC 0 9 1991 RONALD F. ~NO, AIC-P CHIEF PLANNER REVIEWED BY: ~0~ERT J. MULHERE, AICP CURRENT PLANNING MANAGER DATE DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMIlqISTR~R ~)ATE COMMUNITY DEV. AND ENVIRONMENTAL SVC$. DATE PELICAN MARSH DPd EX SUMMARY/md 2 AG£NDA,ZT£M _ DEC 0 9 1997 RESOLUTION' NO. 9'7 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DETER~qlNING T~L~T REVISIONS TO THE PELICAN MARSH DEVELOPMENT ORDER 95-01 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. WHEREAS, the Board of County Com~isstoners of Collier County, Florida, approved Development Order 95-01 (the Development Order) on January 24, 1995, which approved a Development of Regional Impact CDRI) known as Pelican Marsh; and WHEREAS, Section 380.06(29)(f}2, Florida ~tatutes, requires that proposed changes to a Previously approved Development of Regional Impact (DRI) be submitted by the developer to the local government, the regional planning council, and the state land planning agency; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, Section 380.06{19)(f)5, Florida Statutes, requires that the local government shall determine whether or not the proposed change to the Previously approved DRI development order constitutes a substantial deviation requiring further Development-of-Regional.impact review~ and WHEREAS, the 8oard of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC} and held on -- _ a public hearing on the petttion~ and WHEREAS, by separate action the Board of County Commissioners will cause the Pelican Marsh DRI Development Order to be amended to reflect the proposed revisions which do not constitute a substantial deviation requiring further Development-of-Regional_Impact review; NOW, THEREFORE, BE IT RESOLVED by the Boar]i o£ ~ DEO 0 9 1997 The proposed revisions to the Pelican Harsh DRI ~velopment Order 95-01, as described in Petition DOA-97-4, noted as Exhibit "A' and hereto made a part of this Resolution do not constitute a substantial deviation requiring further Development of Regional Impact review. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. ° This Resolution adopted after motion, second and majority Vote. Done this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk TIMOTHY L. F~NCOCK, Chairman Approved as to Form and Legal Sufficiency Marj~rie M. Student - Assistant County Attorney f/DOA- ~17-4 -2- AGENDA ITEM DEC 0 9 1997 P,~. _ Z~ FORM RPM-BSP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHAN~E TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the · state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned owner/authorized representative of WCI Communities, Limited Partnership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning pouncil, and to Affairs. the Bureau of State Planning, Department of Community Exhibit 1997 CONSENT AND APPOINTMENT OF AaENT ~"da This Consent and hppointment of ~gent is made ehis o'~ y of ]-~ o,~c~"~- , 1997 by ~CI Communities Bimtted Partnership {He~ein~ter referred to as the "Owner"). WITNES SETH WHEREAS, the Owner has a mailing address of 24301 .Walden Center Drive, Bonita Springs, Florida 34134; and WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the "Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact ("DRI") which was approved in Development Order 95- I issued by Collier County on January 24, 1995; and WHEREAS, the Owner intends to carry out development on the Subject Property described in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other · agencies of the state of Florida and agencies of local government; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law firm of YoUng, van Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, FL 3~108, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner's plan of development for the Subject Property described in Exhibit "AM. 2. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the · Properties, including amendments to the DRI Development O!derw~. ~_~ PUD zoning or rezoning on the Subject Property. These ag~ncies'~~-'~'~ entities may include, but shall not be limited to, the 1997 a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other gabinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TOANDAPPOINTMENTOFTHE AGENT named above, the Owner, WCI Communities Limited Partnership has signed below. OWNER: WCI COM~FJNITIES LIMITED PARTNERSHIP Dated: WITNESSES: SignatU~ Printed N~e Signature Prineed ~'WCI \JCAAOA Applicant (name, address, phone). WCI Communities, Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (941) 947-2600 Authorized Agent George L. Varnados Young, van Assenderp & Varnadoe, P.A. SunTrust Building 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 587-2814 Location (City, County, Township/Range/Section) of approved DRI and proposed change· The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, Collier County, Florida. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval· Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh Community DRI was approved by Collier County on January 24, 1995, in Resolution No. 95-71, ~pproving Development Order 95-1. Several months after the Pelican Marsh Community DO was issued, the applicant entered into a Boundary Settlement Agreement with the adjacent property owner to the north of the project. A Notica of Proposed Change was submitted to incorporate the new boundary. Collier County approved the NOPC on September 26, 1995, in Resolution No. 95- 555, approving Development Order 95-5, which resulted in a net addition of one acre within the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette-Frank Road on the east. Development Order 95-5 increased the size of the Pelican Marsh Community by one acre to & total of 2,076 acres. -2- DEC 0 9 1997 Significant development of the Pelican Marsh Community has occurred during the past 2~ years primarily on the western portion of the site. The opportunity to create a destination golf resort on the land east of Airport-Pulling Road and a desire to refine the previously approved plan of development have led to this Notice of Proposed Change. The changes proposed in this NOPC, described below, will result in a net decrease in the amount of approved development, accompanied by a decrease in impacts resulting therefrom, while increasing the acreage of recreational use, the areas set aside for preservation, and the acreage of miscellaneous "open space." The total number of residential dwelling units at Pelican Marsh is being reduced from 5,600 units to 5,100 units (a decrease of 500 units). The proposed DO amendments will maintain the same SO-acres of 'activity center" use approved in the original 1995 Pelican Marsh Development Order/PUD. The authorized maximum amounts of retail and office uses within the activity center will be decreased while adding some hotel units and increasing the applicant's flexibility to relocate the approved cultural center to within the designated activity center. The proposed amendment requests that the designated activity center contain the following land uses and magnitudes: 345,000 square feet of retail use (a decrease of 230,000 s.f.)~ 200,000 square feet of office use, of which up to 50,000 may be medical office use (a decrease of 150,000 s.f.)~ and 400 hotel rooms (an increase of 120 rooms). The golf course use, currently 36 holes on approximately 346 acres, is proposed to be increased to 63 holes on approxi- mately 572.4 acres, an increase of 27 holes and 226.2 acres. The preserve acreage is being increased by 36.4 acres, from 294 acres to 330.4 acres. In addition the amount of miscellaneous open space will be increased from 59 acres to 114.2 acres, a gain of 55.2 acres. The revised Pelican Marsh Master Plan also designates a 4.7 acre parcel at the southeast corner of the Vanderbilt Beach Road/~oodlette-Frank Road intersection for "CF" use (6ommunity facility). A very minor boundary change on the southwestern perimeter of the western most parcel will result in a deletion of 3.4 acres from the Pelican Marsh Community, reducing the total size of the project to 2,072 acres. No land is being added to Pelican Marsh by this NOPC and all other changes proposed to the Pelican Marsh Master Plan occur within the boundaries of the project approved in the 1995 Development Order. The proposed changes to the Pelican Marsh land uses are shown in the chart below, which compares the approved land use -3- PEG 0 9 'i997 amounts contained in Development Order 95-1 to the requested land uses that will result from approval of this NoPe. La. nd Usc Au~orizcd by 1995 DO 95-1 1997 NOPC CIIANG£ Magnitude of Development Rcsidcntlal Units $,600 dwelling units 5,100 units .:500 dwelling units Ac~vity Centtr 80 acres 80 acres 0 Retail Corru~ercial ~75,000 sq. ~ (50 ac.) 34~,000 sq. R. -230,000 sq. iL O~cc Commcrci&l 350,000 sq. fL (inc. up to 200,000 sq. R. -150,000 sq. fL ! 00,000 ~. fL of reed, office) (up to 50,000 SCl.IL med. office) Hotel Units 280 400 +120 Cultural Center 80,000 sq. ~. (?50 seats) 80,000 sq. R. (750 seats) 0 Golf Course 36 holes 63 ho~¢s +27 holes Conservation Area 294 acres 330.4 acres +36.4 acres Open Space 59 acres ! 14.2 acres +55.2 acres All of the above land use changes to the Pelican Marsh Cow-~unity are depicted on the Proposed Master Plan, attached as Exhibit i to this NOPC. The reduction of 500 residential units, coupled with the significant decrease in both retail and office uses will result in a substantial reduction in the transportation and other impacts generated by the Pelican Marsh Community which will more than offset the proposed addition of a 120 hotel units. A revised transportation analysis demonstrating the reduced traffic impacts of Pelican Marsh, prepared by David Plummet and Associates, is attached as Exhibit 3. The original Pelican Marsh Development Order required.that the golf course clubhouseB, or other approved buildings be utilized as hurricane evacuation shelter space. Collier County has agreed to accept the Pelican Marsh Elementary School (approximately 148,000 square feet) as shelter space in lieu of the golf course clubhouses. The Development Order wording is being changed to reflect Collier County's acceptance of the Pelican Marsh elementary school site for this purpose, and satisfaction of the shelter space mitigation requirement. by the development. The proposed changes to the Pelican Marsh DRI will reduce, and will not result in any net increase of the impacts generated These changes -4- do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the developmeDt. If no change is proposed or has occurred, indicate no change. See the attached substantial deviation determination chart. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? The Pelican Marsh Community remains entirely within the Jurisdiction of Collier County. There is no additional land being added by this Notice of Proposed Change. A minor boundary correction to the southern boundary of the western parcel will result in a decrease in size of the Pelican Marsh Community by approximately 3.4 acres. The proposed changes are all contained within the original boundaries of the Pelican Marsh Community DRI, as approved. There has been one previous Notice of Proposed Change to the Pelican Marsh Community which resulted in an additional one acre being added to the northern boundary of the western parcel, between U.S. 41 on the west and Goodlette-Frank Road on the east. The previous NOPC was the result of a Boundary Settlement Agreement with the adjacent property owner to the north, which resulted in the exchange of approximately 9 acres of land from each land owner to the other, with the net result being an increase of one acre to the Pelican Marsh Co~unity. The notice of proposed change was approved by Collier County on September 26, 1995, in Resolution 95-555 approving Development Order 95-5. There have been no other changes or amendments to Development Order 95-1 since it was issued by Collier County on January 24, 1995. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order· Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. -5- 1997' 10. 11. 12. 13. No additional land has been purchased for option by WCI Communities, Limited Partnership, within ~ mile of the original DRI site since the approval by Collier County in January of 1995. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380 06(19) (e)2 Florida Statutes? ' '' YES NO X Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No. The Development Order remains in effect unt~l Januaz-y 24, 2010, fifteen years from the date of its adoption on January 24, 1995. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See attached revised Master Plan, marked as Exhibit 1. Pursuant to Subsection 380.06(19) (f), Florida ~tatutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. Ail proposed specific changes to the nature, phasing, and buildout date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number -6- AGENDA ITEM.. ~ No. ~ DEC 0 9 1997 n -- I .... Il Ill Ifil I' ~1 of units; and other major characteristics or components of the proposed change} See the enclosed revised Master Plan, Exhibit l; also see all proposed wording changes contained in the revised Development Order attached as Exhibit 4. ' An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; A minor deletion of 3.4 acres from the Pelican Marsh Community is reflected in the revised legal description for the Pelican Marsh Community attached as Exhibit 2. A proposed amended development order deadline for commencing physical development of if applicable; the proposed changes, Not applicable. Development commenced pursuant to a pre- development agreement entered into in 1993. A proposed amended development order 'termination date that reasonably reflects the time required to complete the development; Not applicable; no change is requested. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and Not applicable~ no change is requested. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. -7- AGENDA ITEM DEC 0 9 1997 DEC 0 9 1997 AGENDA ITEM, DEC 0 9 1997 I-.,I 0 DEC 0 9 1997 H 0 0 1997 I/I 0~ ~ 0 ~ m ou~ O0 O~ O~ 0 0 AGEI',,IQ~, JT EM. DEC 0 9 1997 ,! II PELICAN MARSH LEGAL DESCRIPTION PELICAN MARSH, being approximately 2072.88 acres, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly fight.of-way line of U.S. 41 North 00°38'20" West 2623.40 feet to the west 1/4 comer of said Section 27; thence continue along the west line of said Section 27 and said fight-of-way North 00°39'12" West 827.69 feet; thence leaving said llne North 89~20'45" East 3844.57 feet to the westerly fight-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; I) South 05°34'48' East 3545.96 feet to the south line ofsaid Section 27; 2) South 05°33'10' East 2642.17 feet; 3) southerly 620.87 feet along the arc ora circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12o42'18' and being subtended by a chord which bears South 00°47'59' West 619.60 feet; 4) South 07009'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded' in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses; 1) 2) 3) 4) 5) 6) 7) s) thence South 89°50'58" West 88.21 feet; North 31°34'00" West 120.19 feet; North 05°37'10" West 956.47.feet; South 74°46'39" West 379.98 feet; South 12°04'43" East 23.53 feet; South $7°09'43" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64°46'40" and being subtended by a chord which bears North 48°50'02" West 1757.26 feet; North 81 ° 13'22" West 737.85.feet; leaving said plat boundary North 00°03'39" West 707.85 feet; thence South 89°33'32" East 336.81 feet; thence North 00°26'28" East 180.64 feet; .Ex~'b~ 2 I DEC 0 D 1997 thence northerly 37.60 feet along the arc cfa circular curve concave easterly having a radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a chord which bears North 08°43'37' East 37.47 feet; thence North 17°00'47" East 181.41 feet; thence northwesterly 654.92 feet along the are of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94°59'52" and being subtended by a chord which bears North 30~29'09' West 582.44 feet thence North 77°59'05" West 144.30 feet; thence northwesterly 418.87 feet along the are of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29°59'57" and being wabtended by a chord which bear~ North 62°59'06" West 414.10 feet thence North 47°59'08" West 100.03 feet; thence westerly 615.18 feet along the are cfa circular curve concave southerly having a radius of 826.09 feet through a central angle of 42°40'04" and being subtended by a chord which bears North 69°19'I0" West 601.07 feet; thence South 89°20'48" West 204.55 feet to the west line of .said Section 34, and the east fight-of-way line of U.S. 41; thence along said line North 00°39'20" West 665.92 feet to the Point of Beginning; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particular described as follows; BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five; thence along the boundary of sald Pelican Marsh Unit Five South 89°33'32'' East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00°00'00' East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the are cfa non-tangential ch'cular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07°13'26" and being subtended by a chord which bears South 88°15'16, West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00°03'39'' West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements and restrictions of record. Beatings are based on the north llne of ~aid Pelican Marsh Unit Five being 89033'32" East. DEC 0 9 1997' containing 573.98 acres more or less; subject to easements and restrictions of record; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Ail that part of Sectlon 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00°39'12, West 827.69 feet; thence leaving said line North 89~20'45' East 577.78 feet to the POINT OF BEGINNING of the parcel herein described; thence North 57°47'59' East 46.92 feet; thence North 68°35'21" East 1 I0.85 feet; thence North 00°39'12" West 187.52 feet; thence North 77°43'40" East 573.08 feet; thence South 72°59'03" East 785.48 feet; thence South 00°39'15" East 27.71 feet; thence North 89°20'45" East 503.78 feet; thence South 00°39'15' East 100.64 feet; thence South 89°20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00°39'12" West; AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the west one quarter comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00°39'12" West 827.69 feet; thence leaving said section Iine North. 89~20'45" East 55.00 feet to the Point of Beginning I li~ Ill41111 Yr. el 14]lldl · Exh~it 2 3 of the area thereon described; thence North 89020'45" East 366.45 feet; thence South 00°39'15" East 34.09 feet; DE.P, 0 9 1997 thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 35°45'23" and being subtended by a chord which bears South 64°19'09" East 46.45 feet to a point ofcompound curvature; thence southerly 259.5252 feet along the arc ora circular curve concave westerly having a radius of 197.21 feet through a central angle of 75"24'06" and being subtended by a chord which bears South 07°14"23" East 241.20 feet to a point ofreverse curvature; thence southerly 151.40 feet along the arc ora circular curve concave easterly having a radius of 130.00 feet through a central angle of 66°43'37" and being subtended by a chord which bears South 02°54'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc ora c~ular curve concave westerly having a radius of 70.00 feet through a central angle of98~24'12" and being subtended by a chord which bears South 12°56'10" West 105.98 feet; thence South 62°08'16" West 75.07 f~et; thence southerly ,~8.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93°06'13" and being subtended by a chord which bears South 15°35'10" West 43.56 feet; thence ~ South 30°57'58" East 34.79 feet; thence southerly 19.94 feet along the are of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14°16'43" and being subtended by a chord which bears South 23°49'37" East 19.89 feet; thence along a non-tangential line South g4°13'14" East I58.41 feet; thence South 80°55'24" East 183.78 feet; thence South 81°52'51" East 180.90 feet; thence South 00°00'00" East 261.28 feet; thence North 90°00'00" West 394.57 feet; thence North 00°00'00" East 271.73 feet; thence North 84°13'14" West 120.32 feet; thence South 33°05'40" West 54.13 feet; thence South 76°56'51" West 89.04 feet; thence North 58°35'21" West 65.19 feet; thence North 15°31'55" West 74.80 feet; thence North 00°41'4I" West 115.24 feet; thence North 28°22'47" East 171.51 feet; thence North 17°11'45" West 106.79 feet; thence North 13°02'52" East 28.51 feet; thence North 73°36'14" West 54.78 feet; thence South 49°16'08" West 112.7g feet; thence South 89°47'08" West 53.08 feet; thence North 58°00'49" West 50.49 feet; AGENDA ITEM DEC 0 9 1997 thence North 00°39'12" West 303.49 feet to thc Point of Beginning of the area herein described; Contain~g 7.8 acres more or less; Subje~:t to easements and restri~ona of record; Bearings ar~ based on tl~ west lin~ of Sectlon 27, Towr~hip 48 South, Range 25 East, Collier County, Florida being Noah 00°39'12" West; and All that part of Section 27, Townsl~p 48 South, Range 25 East, Collier County, Florida being more particularly described as follow~: Commencing at the we~ 1/4 comer of sald Section 27; thence along sam west line North 00°39'12" West 827.69 feet; thence leaving sa.id line North 89020'45" East 2469.55 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89°20'45" East 787.88 feet; thence South 84°45'32" West 23.43 feet; thence South 74°56'42" West 121.32 feet; thence South 79°49'51" West 45.93 feet; thence westerly 45.51 feet along the are ora tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39°30'16" and being subtended by a chord which bears North 80°25'01" West 44.61 feet to a point of r~ers~ curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet tkrough a central angle of 20°12'57" and being subtended by a chord which bears North 70°46'21" West 52.65 feet; thence North 80°52'50" West 36.59 fe~; thence westerly 46.17 feet along the are ora tangential cLrcular curve concave to the ~outh having a radius of 80.00 feet through a central angle of 33°04'13" and being subtended by a chord which bears South 82°35'04" West 45.54 feet to a point ofrever~ curvature; thence westerly 38.16 feet along the arc ora tangential cixeular curve concave to the noah having a radius of 60.00 feet tla'ough a central angle of 36°26'18" and being subtended by a chord which bears South 84°16'06" West 37.52 feet to a point ofrever~ curvature; thence westerly 68.84 feet along the arc ora tangential ch-eular curve concave to the south having a radius of 305.00 feet though a central angle of 12°55'58" and being subtended by a chord which -bears North 83°58'44" We~ 68.70 feet; thence South 89°33'17" West 18.36 fe~; thence South 89°39'11' We~t 71.63 feet; thence North 89°35'03" West 36.03 feet; thence South 86°06'33" West 42.94 feet; thence South $3°44'08" West 26.23 feet; ! IM'//9%~'~ 1 IS Wa':. 0 II.~d~k. im £xhbit 2 $ 1997 thence South 51°0I'05" West 27.49 feet; thence South 33'"25'42" West 19.95 feet; thence South 15°39'57" West 20.54 feet; thence South 10°54'31" We~'t 34.64 feet; thet-~e South 89~20'06" West 101.06 feet; thence North 10°45'58" East 101.42 feet to the Point of Beginning ofthe parcel herein described; Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of maid Section 27 as belng North 00°39'I2" West; and All that part of Section 27, Township 48 South, Range 25 East, Collier County, FIodda being more particularly described as follows: Commencing at the west 1/4 comer ofsaid Section 27; thence along said west line North 00°39'12'' West 827.69 feet; thence leaving said line North 89°20'45" East 3401.I2 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89°20'45" East 443.43 feet; thence South 05°34'48" East 147.72 feet; thence South 89°20'45" West 51.56 feet; thence North 23°56'01" West 13.07 feet; thence northerly 30.72 feet along the arc ora tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21°59'53" and being subtended by a chord which bears North 12°56'04" West 30.53 feet; thence North 05 °01'01" West 31.56 feet; thence North 36°19'27" West 32.02 feet; West 35.I 1 feet; West 32.53 feet; West 97.78 feet; West 45.79 feet; West 132.77 .feet; West 37.23 feet to the Point of Beginning of the parcel heroin thence North 56004'43" thence North 80039'23" thence North 88039'20" thencc North 86004'48" thence North 89049'56" thence North 69°40'I 8" describe; Ex~t'blt 2 6 Subjcct to easements and restrictions of ree, ord. Containing 0.38 acres more or le~s. Bearings are based on the west line of said Section 27 as being North 00°39'12" West; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; No. ~ OEO 0 9 1997 , PI, ~ BEGINNING at the northwest comer of said Section 35; thence along the north line of said Sectio:t 35 North $9°45'35" East 5231.69 feet to the west right-of-way line of Aixport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00'31'47" East 5258.31 feet to the south linc of said Section 35; thence along sa~d south linc South $9'39'22' West 2541.65 feet to thc south I/4 comer of said Section 35; thence continue along said south line South 89*39'32" West 2641.33 feet to the southwest comer ofsald Section 35; thence along the south line of said Section 34 South g9°51'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01'03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89'51'02" West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07*09'08" East 1729.52 feet; thence continue along said easterly right-of-my line northerly 649.69 feet along the arc ora circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12'42'15" and being subtended by a chord which bears North 00*47'59" East 648.37 feet; thence continue along said right-of-way line North 05'33'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of raid Section 34 South 89*3 I'31" East 772.91 feet to the Point of Beginning; containing 708.39 acres more or less; subject to easements and restrictions of record; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL BEGINNING at the northeast comer of said Section 36; thence along the east line of said Section, South 02°12'03" East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east line of said Section 36 South 02°06~28" East 2519.08 feet to a point on the northerly right- of-way line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89°39'39" West 2855.35 feet; thence continue along ~ald line North 89°43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00'31'47" West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 fe~:t ofthe north 619.49 feet of said Section 36; thence along the south line of said land North 89°2T57" East 15.00 feet; Exhibit 2 ? DEC 0 9 1997 = - I -I ' -IIIIIIIIII II ..... III III I thence along the east llne of~ald land North 00o31'47" We~t 80.00 feet; thence along the north line of said land South 89~757" West 15.00 feet to the east right-of- way line of Airport Road (C.IL 31); thence along said fight-of-way North 00°31'47" West 539.49 feet to the north line of said Section 36; thence along tald north line North 89~27'57" East 3914.28 feet to the southwest comer of the east 1/2 ofthe east 1/2 of~a~d Section 25; thence along the west line of the east 1/2 of the east 1/2 of said Section 25 North 01°54'09" We. st 2668.19 feet; thence continue along the west line ofthe east 1/2 of the east 1/2 ofratid Section 25 North 01°5716" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said fight-of-way North 89°I4'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02°06'59" East 2569.75 feet to the east I/4 comer of Section 25; thence continue along ~aid east line of Section 25 South 02°00'46" East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or le~; total parcel contains 2076.28 2,072.88 acres more or less; subject to easements and restrictions of record; bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89°45'35" EasL Ex~it 2 DEC 0 9 1997 PELICAN MARSH COMMUNITY NOTICE OF PROPOSED CHANGE TRAFFIC STUDY' Project #97515 August 20, 1997 Exhibit 3 Prepared by: David Plummer & Associates, Inc. 1531 Hendry Street Fort Myers, Florida 33901 PELICAN MARSH COMMUNITY NOTICE OF PROPOSED CHANGE TRAFFIC STUDY Pelican Marsh Community is a mixed us~ residential Development of Regional Impact (DP, I), approved in 1995. The Project is bounded by Immokale~ Road to the north, Vanderbilt Beach Road to the south, Future Livingston Road to the east and US 41 to the west. The Project location is shown on Exhibit 1. The original DKI development order and traffic assessments evaluated and approved residential, commercial, office and recreational uses. The Project's originally approved development parameters are summarized below. Approved Develooment Parameters Residential Single Family 1,200 d.u. Multifamily 4,400 d.u. Hotel 280 rooms Retailm 500,000 sq. ti. Office General Office Medical Office 250,000 sq. ft. 100,000 sq. ft. Cultural Center 80,000 sq. ft. Golf Course 36 holes total Health Club 5,000 sq ft. Tennis 18 courts Park 20 acres DEC 0 9 1997 a9 Study Objective Originally approved for the above identified land uses, Pelican Marsh Community is proposing to reduce single-family and multi family residential units and retail, office and medical office square footage. At the .~.me time, the community is proposing an increase in hotel units and golf holes and the designation ora 4.7 acre parcel for "community facility" use. Also, the plan has been revised to reflect the construction of the Pelican Marsh Elementary School, which is in operation on a 20- acre parcel. The purpose of this study is to determine what eff'ect the proposed land use changes within the Pelican Marsh Community will have upon external trips that will be generated by the Project. Since the ememal trips are being reduced substantially from what was originally approved, there will be fewer traffic impacts, as .a result of the change, than were originally forecasted. Land Use Parameters A comparison of the approved and revised land use parameters is presented in Exhibit 2. For traffic analysis pu.~ses, buildout is considered to be the year 2008. No change in the anticipated buildout year for traffic purposes, therefore, is contemplated. Trip Generation Comparison The peak hour trip generation associated with the revised development parameters was calculated and compared to the trip generation associated with the originally approved DRI parameters. The trip generation associated with the revised development parameters for Pelican Marsh Community (Exhibit 3) was calculated using contemporary trip generation factors from ITE Trip ~, Fifth Edition. The resultant trips were then compared to the approved traffic forecasts for Pelican Marsh Community reported in the Southwest Florida Regipnal Planning Council Staff Assessment, which are also based on ITE Trip Generation, Fifth Edition. The approved total, internal and external trips for Pelican Marsh Community were derived from Table H-I in the Development of Regional Impact Assessment for Pelican Marsh Communi_ty (11-9394-123), November 1994, prepared by the Southwest Florida Regional Planning Council. This trip generation comparison is summarized below. 2 DEC 0 9 1997 Trip Generation Comparison Two-Way PM Peak Hour Approved p, evised ~ Percent Total 5,487 oa) 4,594 (2) -893 -16.3% Intemal 944 799 o) N/A N/A External 4,543 o) 3,795 -745 -16.5% Pass-By 394 410 (2) N/A N/A Net New 4,149 (') 3,385 -764 -1g.4% ~') ~ StaffAs~ssrrnnt, T~Ic H-I. m ITE Trio Generation. Fifth Edition. "~ Internal orientation of approximately I 7 percent from R. PC Staff Alser~menL Based on this comparison of the approved PM peak hour trips under the original RPC Staff Assessment and the PM peak hour trips based on the revised development parameters being proposed for the Project, a reduction of 18.4 percent in net new external trips is expected as a result of the change in Project development parameters. As indicated above, the following conclusions are apparent. The revised development parameters, using contemporary trip generation factors (i.e., ITE ~, Fifth Edition), are expected to generate 1 $.4% fewer peak hour net new external trips than the approved development parameters, also using contemporary ITE T.l:ilZ.O.¢.ll~i~ (Fifth Edition) trip rates and adjustments, as per the R.PC Staff Assessment. The revised development parameters clearly result in less than a "...I 5 percent increase in the number of external vehicle trips.., above that which was projected during the original development-of-regional-impact review." Therefore, the revised development does not, from a traffic standpoint, result in a substantial deviation from the original. 97515: PE L_NOPC.RPT AGE~DA I~_£M, . ~" DEC 0 9 lg97 i OP .------ I III!1 i Laai(I LOCATIOK MAP DEC 0 9 1997 PELICAN MARSH COMMUNITY SUMMARY OF REVISED DEVELOPMENT PARAMETERS Land Use !:2r. iglnal.I2~ Ad_iusted Plan Res;dentlal Single Family 1,200 d.u. 900 d.u. Multifamily 4,400 d.u. 4,200 d.u. General Office 250,000 sq. fl. 150,000 sq. fL Medical Office I00,000 sq. ft. 50,000 sq. fi. Retail o) Shopping Center 500,000 sq. ft. 300,000 sq fi. Hotel Hotel 280 rooms 400 rooms Recreation Cultural Center $0,000 sq. ft. ~0.000 sq. ft. Health Club 5,000 sq. ft. 5,000 sq. ft. Tennis 18 courts 18 courts Golf 36 holes 63 holes Park cn 20 Acres 0 Acres School m 0 Students 950 Students Church o) 0 sq. ft. 50,000 sq. ft. Footrxxel; Percent -300 d.u. -25.0% -200 d.u. -4.5% -I00,000 SCl. fL -40.0% -50,000 SCl. fL -50.0% -200,000 sq. fL -40.0% +120 rooms +42.9% N/A N/A N/A N/A NIA N/A +27 holes +75.0% -20 Acres - 100.0% +950 Students N/A +50,000 sq. ft. N/A Thc ~-ovcd retail ~oor Izta is S75.000 gl. tL of gross floor area (GFA). of whlch 500.000 sq. R. is gross Icuable floor ~tta (GLA). GLA is used for trip jcncritlon p~rposcs. Thc 300,000 sq. ~ K'poflcd is ~ leasable szea (GLA). Thc 20 acres of p&-k havc been convcrted to a 9.50 student clementai'y scahooL m be a ch putpeses ' S~ AGE D ITEM The specific community u~c (4.7 ac'rcs) is to be dctcn~inc~L but is assumcd urch fo~ of this trip ra~on / 0E0091997 EXI. ISgT 3 PEt. IC,N~ MARSH NOPC ~9751S ITE TRIP GENERATION EST1MATE B~..DOUT - 2006 (I) rTE ADJ. (I) LA,NO U~E (LUC) S~. UMT TRiP TYPE FACTO~ IH OUT TOTAL SINGLE .FAJ~L.Y-OE TAC. HE O 210 900 D.U. TOTAL 509 274 783 780g f4TEI:t~,AL. M~C. 71~ 32 32 ~,4 (2) 5,~ ('2) I~rTERNAL - REC. FAC. 6% 32 32 ~4 (3) 638 ('3} IFC/'E~ - C,O~M. FAC. I% I 1 2 (4) 65 E.XTE~ 444 20g 6~3 6521 P.,~q~SY O% 0 0 0 0 NET NEW 444 20g ~ 6521 t&X.TFAMIL.YI 230 4.200 D.U. TOTAL 877 4~2 132~ 15622 Sf~7~,.FA,M~Y..ATTACHED ~.IA:~G. 7% 55 55 10g (2) 1171 ~2) INTERNAL- REC. FAC. 6% ~ 54 108 (3) 1276 ('3) I~'rERNAL-~FAC. 1% 2 2 3 (4) 1:31 (4) EXTERNAL 7E4 341 1107 13044 PA$~.SY 0~ 0 0 0 0 NET NEV~ 764 341 1107 130.44 RECJ~,C~. CENTER 495 80,030 ~1- Ft. TOTAL 31 7~ 110 1222 (5') I,~I'ERN,~-I,~C. 50% 28 28 ~ ~ 611 ~ ~ · ~C. F~. ~ 0 0 0 0 ~. ~. F~. ~ 0 0 0 0 p~ ~ 0 0 0 0 ~T~W 3 51 ~ 611 RETNL 820 Sq. FL TOTAL 661 661 1322 14043 g4TERNAL-~. 8'N, 53 53 106 (2) 1123 CZ) g4TERNAL. - REC. FAC. 0% 0 0 0 0 INTERNAL. COMM. FAC. 0~ 0 0 0 0 F. XTE~N,AL ~08 506 I216 12920 P..~S~.18Y 31% 205 205 410 (6) 4353 (5') NET t~W 403 403 ~06 8567 GENEP. A~. OFFICE 710 150.000 SCl. FLTOTAL 43 206 251 1907 INTERNA~ · MISC. 6% 10 10 20 (2) 153 FITERNAL - REC. FAC. 0% 0 0 0 0 INTERNAL o ~IVi. FAC. 0~ 0 0 0 0 EXTERNAL 33 196 231 175,4 P,t.S~-SY 0% 0 0 0 0 NET NEW 33 lg~ 231 17~4 MEDICAL OFFICE 720 ~1. I~.TOTAl. 58 138 1~4 1612 ~TE~. k~C. 6% 8 e 18 ~ 1~ ~E~ - REC. F~. ~ 0 0 0 0 ~E~ - ~. F~. ~ 0 0 0 0 ~ ~ 128 178 I~ P~Y ~ 0 0 0 ~ 0 ~T NEW ~ 126 178 I~ HOTEL. 310 400 Room~ TOTAL 156 133 289 3462 INTE~. Mt, SC. 8% 12 12 24 (2) 260 lffTERNAL - REC. FAC. 8% 12 12 24 (3) 283 f4TERNAL. COMM. FAC. ~ 0 0 0 0 EXTERNAL. 132 109 241 2919 PA..~.~BY ~ 0 0 0 0 NET NEW 132 10g 241 2919 ELEMENTARY SCHOOl, 520 gs0 Sttxfefl~ TOTAL f, rTERNAL. MtSC. 0~ 0 0 iNTERNAL - REC. FAC. mN, 0 0 E4TF.~. COMI~ FAC. EXTE~ 4 4 P.~,-BY O~ 0 0 NET NEW 4 4 10 1036 0 0 0 F. J3.iOIT 3 P~t.JC),N MARSH FK:)PC 1975I$ ITE TRIP GEHERATK:)N ESTII~TE 6UP_CX:~rT. 2006 (1) rTE )~1. (1) LA/4~U~£ (1.Ut) ~ UNIT TI:UP TYPE FA~TOI:t Iit OUT TOTAL. C)AX.Y C~K,I:~CH S6G S0.(XX) $q. FLTOTAL. 11 10 21 272 (7) INTERN~ - I~SC. 0% 0 0 0 0 ~ - REC. FAC. 0% 0 0 0 0 IKI'~.COMM. F)C,. 15% 2 2 3 (4) 41 (4) E;C~ g. ~ 18 231 P~SS-6Y O% 0 0 0 0 NET ~ g ~ 1~ 231 GCX.F CCx.,~E (PRN^TE) ~ 18 ~ GOI. F CCXJRS E (PUSUC} ~ 18 HoM TOTAL. 31 29 60 645 INTE~- ~. 0% 0 0 0 0 I~TERNAL - REC. FAC, ~ 15 15 30 (3) 323 INTERN~ - CO~M. FA4=. 0% 0 0 0 0 EXTERN~ 16 14 30 322 P),SS-SY 0% 0 0 0 0 rCET NEW 16 14 30 322 GOlF COURSE (PUBUC) 43O 27 I..k)MI TOTAL 48 44 g2 106~ ~. IA.,SG. 0~ 0 0 0 0 I~rEFU'U~ - REC. F.A~. S0% ~ ~ ~ ~ ~ ~. F~. ~ 0 0 0 0 ~ 25 21 ~ ~ p~ ~ o 0 0 o ~T ~W 25 21 ~ ~ OTHER REC~F..ATION HEN.TH CLUB 4~3 $.(XXI TEM',IIS 491 18 SUgTOTAL 13 e 22 244 SU~TOTN. 26 25 51 (8) 600 TOTAL, 39 34 73 ~.44 I(TERN,~ - M~... 0% 0 0 0 0 I,(rZ~,q../~C. FAC. ~)% ~1 ~ M C3) 760 (3) ~. COMM. FA~. 0% 0 0 0 0 F,.XTERN~ S I 7 ~4 PASS-BY 0% 0 0 0 0 NET HEW 6 I 7 84 TOTAL Pe~k Hour D~,~ SMit/Pezk4o-C~ily Rgdo TOTAL 2500 2O94 ~ 50184 f,~"~ R/~&3. o MISC. 19~ 19~ ~ (2) 44332 ~. ~C.F~ 1~ I~ ~ ~ ~ F~. S S 11 (~ ~ 2101 1~ 3~ 41~ p~ ~ ~ 410 ~ 4~ ~T~ I~ 14~ ~ 37013 PI. TGEN0eC2.WK4 IIII .......... iii -II~11 ........ -- DEVELOPMENT ORDER 97- DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR PELICAN MARSH COMMUNITY LOCATED IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AMENDING DEVELOPMENT ORDER 95-1. W~EREAS, WCN Communities, Inc., (herein "WCN") filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 380.06(6), Florida Statutes; and W~EREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 95-5 by Resolution 95-555, amending Development Order 95-1, on September 26, 1995, to change the legal description of the Pelican Marsh Community; and W~£RF2%S, WCI Communities, a limited partnership (herein "WCI") the successor in interest to WCN desires to amend the legal description of the Pelican Marsh Community to delete a 3.4 acre parcel of land, to make certain revisions to the plan of development and development order for the Pelican Marsh Community and to make certain changes to the amount of development approved herein; and W~EREAS, WCI, through its authorized agent, has filed its application and notification of a proposed change to Development Order 95-1; and WHEREAS, the Board of County Commissioners as the governing b~y of the unincorporated area of Collier County , with Jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican Marsh Community DRI Development Order 95-1 ; and 1 Words underlined are additions; words ~~ are deletions. DEO 0 9 1997 W~£REAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have b~en satisfied; and W~EREAS, the Collier County Board of County Commissioners has passed Ordinance No. 97-.. on , 1997, which amended the PUD zoning for the Pelican Marsh Community approved in Ordinance No. 95-4 on January 24, 1995; and W~EREAS, the issuance of a development order pursuant to Chapter 380.06(19), Florida Statutes, does not constitute a waiver of any power or rights regarding the issuance of other development permits not consistent herewith by the County or the State; and W~EREAS, on , 1997, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, having considered WCI's application and · Notice of Proposed Changes to the Pelican Marsh Community Development Order 95-1 and the record made at said hearing, and having considered the record of the documenta..ry and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; the report and recommendations of Collier County Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves th~ following Pelican Marsh Community Development Order, as amended: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit 2. The application is consistent with Subsection 3S0.06(6), Florida Statutes, (1989). 3. The applicant submitted to the County an ADA and ~ufficiency responses, hereby referred to as compositeExhibit "B', which by reference thereto are made a part hereof to the extent that they are not inconsistent with =he terms and conditions of this Order. 2 Words ~ are additions; words ~ are deletiona. %i .o. ~/ 0 9 1997 4, WC! submitted t° the County a Notice of Proposed Chang~ and Exhibits thereto, hereby referred to as Comoosite Exhibit which by reference are made a part hereof to the extent that t.he~ are not inconsistent with the terms and conditions of this Order, The applicant proposes the development of the Pelican Marsh Community consisting of 2,$?S 2.072 acres~ ~--~ Pelican Marsh includes ; ~0 80 acres of ~ ~ · use which will =nc=m-a==~ -.-,-..f"~ ~^ contain the followfn~ land usesl up to 345,000 square feet of gross floor area (GFA) ~ 200.0Q~ square feet of GFA~izclu~fn~ ,~^,~^ :==ar= ~--' of office commercial use. with up to 50.000 GFA of medical office use; 400 hotel rooms; and an 80,000 ~ GFA Cultural Center (Attraction Facility) with 750 seats and 400 parking spa=esT contain a maximug of S.100 residential dwelli~ units: 63 holes ~olf and clubhouses: 330,4 acres of conservation area, (some of which is within e an FP&L easement)-,..=~^ 1~4.2 acres of open space~- thc F~&L =aaamcnt): and a 20 acre school site. 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes. 6. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an ;trea of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 3 Words ]~S&~ are additions; words ~ are deletiona. AGEUD~tl£~ . \~1~ No. ~ 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County,.as amended. 10. The development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on this, the 24th day of January, 1995, that the Pelican Marsh Community Application for Development Approval submitted by WCN is hereby ordered approved, subject to ~he following conditions= 1. ENERGY The Pelican Marsh Community Development of Regional Impact will incorporate the following energy conservation features: A. Provision of a combination bicycle/pedestrian system connecting all major land uses, to be placed along collector roads within the project. This system will be consistent with local government requirements. B. Provision of bicycle racks or storage facilities in recreational and commercial areas. C. Cooperation in the locating of bus stops, shelters, and ocher passenger and system accommodations for a transit system to serve the project area. D. Applicant shall encourage builders: (1) to use energy-efficient feacures in window design; (2) to use operable windows and ceiling fans; and (3) to install energy-efficient appliances and equipment. 4 Words ~ are additions; words ~ are deleCions. DEC 0 9 1997' E. Creation of deed restrictions, covenants, and design guidelines that would encourage energy consery, ation efforts. F. Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. G. Installation of energy-efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. H. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute {at 60 pounds of pressure per square inch). I. Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. J. Planting of native shade trees to provide reasonable shade for all recreation areas, streets, and parking areas. K. Placement of trees to provide needed shade in the warmer ~on=hs while not overly reducing the benefits of sunlight in the cooler months. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. M. Provision for structural shading wherever practical when natural shading cannot be used effectively. N. Encourage builders to include porch/patio areas in residential units. O. Consideration by the project architectural review committee(s} of energy conservation measures (both those noted here and others} to assist builders and 5 Words underlined are additions; words ~ are deletions. AGE~I:IA ITEM . DEC 0 9 1997-- .... -- ~ - ...... I IIII frill I_ ~ .... ,.,,~ -- II II I Illl ...... ~ 2.o residents in their efforts to achieve greater energy efficient%, in the development. HIS~ICAL/ARC~{AEOI,OGICAL A. Any excavation, de-mucking or tnvasive activities involving the semll wetland i~mediately west of site 8~70~ (S~ ~tland ~12} shall ~ ~nitored on-site ~ a cert~fied, pro~essional no hu~n ~r~als are contained within =he adjacent wetland. B. ~rtng ~nitoring, should const~c=~on activ~=ies at any time unc~er hu~n re. ins, these activities shall cease and the State ~chaeol~is= shall be notified at once pursuant to the retirements of Chapter 872, Florida Statutes. HOUSIN~ A. In accordance with the methodol~ approved by Collier County, Southwes~ Florida Regional Planning Council, and the Florida Department of Co~nity Affairs, WCI has conducted an analysis affordable housing impacts associated with the Pelican Marsh Community, which concludes that there is and will be an ads.ate supply of affordable housing proximate to the proJec: to meet the demands created by the project throughout the life of the project. Notwithstanding the results this analysis, WCI shall contribute $50,000 to the First-Time Momebuyer Closing Cost ~sistance Program being administered by the Collier County Department of Mousing and Urban Improvemen~ (CCD~I). This contribution shall be exclusively used to provide interest free deferred pa~ent assistance to ~alifying homebuyers for either closing costs or do~ pa~ents associated with 6 Words underlined are additions; words ~ are deletions. - DE0 0 9 1997 thsir purchase loan. Applicants must be first time homebuysrs employed by any business located within the Pelican Marsh Community, including WCI. Applicants must meet all of the guidelines of the program such as, but not limited to, income limitations and repayment obligations. These funds shall be administered by the CCDHUI for the sole purpose stated above. Funds will be held by WCI and disbursed as needed at the time of approval of each applicant. Funds that are subsequently reimbursed upon sale or refinancing of the home shall be paid directly to the CCD}~UI or to an appropriate not-for-profit entity selected by CCD~UI. Should Collier County adopt a proportionate share funding mechanism to mitigate development related affordable housing impacts, this contribution shall be credited toward any obligations otherwise imposed on WCI, its successors and assigns, as a result of development in the Pelican Marsh Community project. This contribution shall also be deemed to satisfy WCI's entire obligation relating to affordable housing. HURRICANE EVACUATION/FLOODPLAINS ppli -~"~ ...... A. The a cant~ckall has provided for the donation of the 20 acre site of the Pelican Marsh £1ementarv School to the Collier County School Board. The Pelican Marsh Elementary School consist~n~ of 148.200 s~uare feet 9f oross floor area has been constructed on the ~ite and is in ooerat~on. The Collier County Qffice of £mer~enc¥ Management has approved and ? Words underlined are additions; words ~ are deletions. '1997 acceoted the Pelican March £1emen:arv School as a hurricane evaculatlon shelter. The aoollcant'e comoletes the aooltcant's Obltaatton to orovide hurricane ~helter ~a~e (or the red,denim The appltcan=, or The Founds=ton of Pelican Mar~h (property o~ers associa=ton) shall annually distribute to all residents Collier County's 'Hurricane Info~tton" document, which provides info~ation on the need for residents evacuate, preparation~ for an approaching sto~, and hurricane evacua~ion routes, should desire to leave the development. 8 Words underlined are additions; words~are dele:Lone. DEC 0 9 1997 The hotel management shall distribute Collier County's 'Hurricane Information' document in the event of a hurricane emergency. At a minimum, hotel management shall recommend early evacuation for all rooms at elevations below 14.8 feet NGVD. Hotel management shall: {1) evacuate all c~ests~ (2) provide shelter space for evacuated guests in upper floor interior hallways and unoccupied roo~s not exposed to direct wind impact~ or (3) direct guests to shelters in the project° The applicant shall meet with the Collier County Office of Emergency Management0 as appropriate° to coordinate the use of any excess shelter space [if available) by the general public. All ~eeds to property located within the Pelican Marsh Community shall be accompanied by a disclosure statement in the for~ of a covensnt stating that the property is located in a hurricane wlnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and/or hurricane shelter spaces are limited. All units will be required to have finished first floor elevations at or &bore ~1.0 feet due to SFWMD and FEMA requirements for water management and flood control. This elevation requirement results in the units being above 11.0 feet, the minimum Category 3 Flood Zone according to SLOSH, which ~nables them to qualify for vertical evacuation under the Special Hurricane Preparedness District in Rule 9J-2.02S~, Florida Administrative Code. Ail commitments made by the applicant within the ADA and subsequent sufficiency round infor~ation, Words~are additions; words~are deletions. DEC 0 9 1997' . w~=h ~he above recommendations, incorporated in~o ~he development conditions for approval. 5. VE~ETATIONANDWILDLIFE/WET~ANDS A. related to Ouestion 16 (Floodplains) and Ouestion 23 (Hurricane Preparedness), and not in conflict shall be Co Do If all mitigation credits permitted within the Cocohatchee Strand Mitigation Bank are depleted to offset wetland impacts within the SFWMD ~urisdictional areas mitigation activities for wetland impacts shall be performed elsewhere (e.g. on or off-site). Off-site mitigation is recommended, but not required to be a single contiguous parcel located in the south (below Alligator Alley) Belle Meade area, within or adjacent to the Corkscrew Regional Ecosystem Watershed Conservation and Recreational Lands project boundary, or within an approved wetland mitigation bank. As an alternative to 'A' above, the applicant may increase the on-site wetland preserve to meet the avoidance and wetlands impact reduction criteria of the wetland regulatory agencies. On-site preserves are recommended to be connected so that a large contiguous habitat preserve is established. These m£t£gation activities ~ay be subject to review through a Notice of Change process pursuant to Subsection 380.06(19), Florida Statutes. All reserve areas shall be designated as preserve and protected by appropriate restrictive easements, deed restrictions and covenants, or designation as preservation tracts. Major recreational facilities such as tennis courts, barbecues, gazebos, recreational shelters, 10 Words~l~lCr./j~lc~are additions; words e~are deletions. D£O 0 9 1997 restroo~s, swimming Ix>ols, recreation centers, shuffleboard courts, etc. shall be prohibited by the referenced res=rictive easements or d~ed restrictions in preserve areas. E. The Xeric Scrub Preserve area shall be protected from landscape irrigation on adjacent areas, such as the golf course. F. Impacts to gopher tortoises shall be minimized by relocating all tortoises to locations within the golf course and associated open space areas, or to the Xeric Scrub Preserve area. G. All commitments made by the applicant, within the ADA and subsequent sufficiency round information, related to Questions 12 and 13 (Vegetation and wetlands), and not in conflict with the above recommendations, shall be incorporated as conditions for approval. Remove and relocate on-site listed plant species to the extent practicable during construction. SOLiD/HAZARDOUS/KEDICALWASTE A. Any business located within the Pelican Marsh Development, which generates hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 17-730.030, Florida Administrative Code), shall be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such businesses. ~owever, there shall be no siting of hazardous waste storage facilities contrary to Collier County Zoning Regulations. B. Areas within buildings where hazardous materials or waste are to be used, displayed, handled, generated or s~ored shall be constructed with impervious floors, with adequate floor drains leading to separate impervious holding facilities which are 11 Words l~.X/dk~are additions; words~'~4~T~are deletions. Co adequate to contain and safely facilitate cleanup of any spill, leakage, or contaminated water. There shall be no outside storage of bio hazardous or medical waste. The applicant shall ensure that a contractor is available to provide maintenance of grease trap systems associated with restaurants and food establishments. Hotel pools using gaseous chlorine shall be equipped with chemical sensors or alarm devices. Facilities qualifying under the Superfund Amendments Reauthorization Acts (SARA) Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous material reporting applications in accordance with applicable state and federal regulations. Applications shall be updated annually by each reporting facility. No facilities are needed for handling, generation and/or emergencies other than normally assoc£ated with medical offices as a permitted use in the office district. If any such use does exist, it shall abide by all applicable federal, state and local requirements. STORI~WATER~-NAGEMENT A. The portion of the Master Surface Water Management System for those portions of the Pelican Marsh Community west of Airport-Pulling Road have been previously permitted by the South Florida Water Management Districu. That portion of the development located east of Airport-Pulling Road does not yet have an approved Water Management Plan. Prior to the issuance of a surface water management permit for the area east of Airport- 12 Words~B&~c~are additionsr words e~h are deletions. Pulling Road, the applicant shall resolve, to the satisfaction of South Florida Water Management District and Collier County staffs, issues related to wetland Jurisdictional delineations, impacts of development to wetland areas, submittal of a mitigation plan for wetland impacts, and verification that proposed control elevations and final development plans are in compliance with wetlands protection pursuant to SFI4}4D criteria. B. The development shall require a South Florida Water Management D£etrict water use permit for any proposed dewatering activities, associated with the construction of project lakes and/or road or building foundations, which have not been previously approved by the District. C. At the time of permit application for the area east of Airport-Pulling Road, the applicant shall provide a floodplain mitigation proposal District staff, for any portion of the remaining development where floodplain encroachment is proposed. D. At the time of SFWMD construction permit application for the area east of Airport-Pulling Road, the applicant shall provide deta£1ed stage/storage calculations to District staff. £. At the time of SFWMD construction permit application for the area east of Airport-Pulling Road, the applicant aha11 be required to demonstrate to the staffs of the South Florida Water Management District and Collier County that proposed control elevations of water management areas adjacent to wetlands provide adequate hydroperiode to ensure continued environmental 13 Words underlined are additions~ words et-t-~e~-t-k~ai~kare deletions. · 'DEC 0 9 1997 ] health of on-site wetlands, pursuant to SFWMD criteria. F. A= the time of permit application for the area east of Airport-Pulling Road, =he applicant shall demons=rate =ha= =he capacity of the proposed receiving bodies (=he Airport Road Canal and the Immokalee Road Canal) are sufficient to accommodate the proposed discharge volumes. G. Pretreatment of the first 1/2 inch of runoff shall be required for all commercial areas within the Pelican Marsh Community, unless the applicant provides reasonable assurances that hazardous materials will not be generated, used, or stored within such areas. H. The post-development stormwater management system shall provide for limitation of =he post- development peak discharge rate to the outfalls at a rate equal to, or less than, the pre-development rate for the 25-year, 3-day storm event. I. Elevations corresponding to a 100-year flood shall be used to se= minimum building elevations on =he site, taking into account =he backwater elevations along the various on-site flowways. J. Best management practices for wa=er quality shall be included on construction plans for development and shall be submitted to Collier County and =he South Florida Water Management District for review and approval. K. Ail internal stormwater ~anagement lakes and ditches shall be included in recorded drainage easements. S=ormwater lakes shall include adequate maintenance easements around the lakes, with access to a paved roadway. 14 Words~are additions;wordse%'m*~k--t~j~are dele=ions. · AG£t~D& ITEM . DEC 0 9 1997 During construction activities, the applicant shall employ best management practices for erosion and sedimentation control. These practices shall be included with, or presented on, all construction plans, and should be subject to approval by the appropriate agencies prior to =heir implements=ton. Any construction pertod etlt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the applicant or =he entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of construction. Any shoreline banks created along on-site stormwater lakes or wet detention areas shall include littoral zones constructed as required by District permitting criteria and shall be planted in native emergent or submergent aquatic vegetation. The applicant shall ensure, by supplemental replanting if necessary, that at least 80% cover by native aquatic vegetation is established within the littoral zone for the duration of the project, unless an alternative is permitted by SFWMD. The applicant, its successors or assigns shall conduct annual inspections of the stormwater management systems within the Pelican Marsh Community in order to ensure that the systems are being maintained in keeping with the final approved design, and that the systems are capable of accomplishing the level of stormwater storage and treatment for which they were intended. 15 Words~are additions;words~are delettona. Te The applicant shall design ~he proposed surface wa~er management systems in & manner that avoids impacting plant and/or animal species listed by U.S. Fish and Wildlife Service or the Florida Game and Fresh Water Fish Convnission. Where such impacts are not avoidable, the applicant shall provide mitigation which satisfies the requirements of the South Florida Water Management District and Collier County. The applicants, its successors or assigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas wi=bin ¢o~mercial portions of the development. The applican~ shall encourage private parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. The applicant shall participate in any ongoing or future efforts by Collier County to establish a count~wide stormwater management system. Ditch and swale slopes shall be designed minimize dischar3es so that these facilities ~a¥ provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass and/or appropriate native vegetation. The grassed stormwater treatment areas shall be mowed on a. regular basis as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdrain systems, shall be cleaned from the 16 Words ~nderlined are additions: wordse~ek-e%w~are deletions. DEC 0 9 1997 j · detention/retention areas on a regular basis. Any erosion to banks should be repaired immediately. U. Underdrain systems and grease baffles in commercial areas shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. V. Stormwater Management System maintenance requirements shall include eradication of mosquito productive nuisance plant species (water lettuce, water hyacinth, cattails, and primrose willows) from all system nodes, reaches, and percolation basins, as well as from the lake littoral zones employed in the systems. W. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird "pools" constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mos~uito larvae predators, such as Gambusia affinis. X. All co~mitmentm made by the applicant with the ADA, and subsequent sufficiency round information, related to Question 14 (water) and Question 19 (Stormwater Management), and not in conflict with the above recommendations, shall be incorporated in the Collier County Development Order as conditions for approval. ~%.NSPORTATION A. The applicant, its successors or assigns shall be fully responsible for site-related roadway and intersection improvements required within the Pelican Marsh Community DRI. The applicant shall be required to pay its proportionate share of the cost for any intersection improvements (including 17 Words underlined are additions; words e~are deletions. DEO 0 9 199; but not limited to signalization, turn lanes, and additional side street or driveway through lanes) found to be necessary by Collier County or the Florida Department of Transportation (FDOT) for the project's access intersections onto U.S. 41, Vanderbilt Beach Road including its Extension, Airport-Pulling Road, Immokalee Road and Livingston Road. Access to Goodlette-Frank Road will be limited to maintenance access on1¥. The site access points shall be located and developed consistent with FDOT'a and Collier County's access management standards and permit requirements, unless otherwise approved by the Florida Department of Transportation and/or Collier County. The following roadways and intersections are projected to be significantly impacted by the Pelican Marsh Community (5% of LOS D, peak hour- peak season) and are forecasted to fall below the adopted level of service standard prior to project build-out. (i) ROADWAYS 1) Airport-Pulling Road -North Community Entrance to South Community Entrance -South Community Entrance to Vanderbilt Beach Road -Vanderbilt Beach Road to Pine Ridge Road -Pine Ridge Road to Golden Gate Parkway 2) Goodlette-Frank Road -Pine Ridge Road to Solana Road -Solana Road to Golden Gate Parkway 3) Immokalee Road -U.S. 41 to Goodlette-Frank Road -Ooodlette-Frank Road to Airport-Pulling Road 18 Words MA~C~L/l~are additions; words e%~e~--~q~are deletions. DEC 0 9 1997 (iii) -Livingston Road to 1-75 4) U.S. 41 -Old U.S. 41 to Immokalee Road INTERSECTIONS 1) U.S. 41/O14 U.S. 41 ~) U.S. 41/Wiggins Pass 3) U.S. 41/Immokalee Road 4) U.S. 41/Community Entrance 5) U.S. 41/Vanderbilt Beach Road 6) Immokalee Road/Airport-Pulling Road 7) Airport-Pulling Road/North Community Entrance 8) Airport-Pulling Road/South Community Entrance 9) Airport-Pulling Road/Vanderbilt Beach Drive 10) Airport-Pulling Road/Pine Ridge Road 11) Immokalee Road/Goodlette-Frank Road 12) Pine Ridge Road/Goodlette-Frank Road 13) 1-75 West/Immokalee Road 14) 1-75 East/Immokalee Road 15) Immokalee Road/Livingston Road (Community Entrance) 16) Vanderbilt Beach Road/Community West Entrance 17) Vanderbilt Beach Road/Community East Entrance In addition to the above-listed road segments and intersections, the Pelican Marsh Community may have a significant impact on the following road segments and intersections prior to project buildout: 1-75 -Bonita Beach Road to Immokalee Road Logan Boulevard 19 Words~.L~are additions; wordse~4~~are deletions. DE0 0 9 '!99 -Pine Ridge Road to Green Boulevard -Logan Boulevard/Pine Ridge Road -Logan Boulevard/Vanderbilt Beach Road Not later than ninety (90) days following completion of Phase One of the Pelican Marsh Community as defined in the DRI/ADA, the applicant or its successor(s) or assigns shall conduct s traffic study to determine if the Pelican Marsh Community will have, at Project buildout, a significant traffic impact on these listed roadway segments and intersections. The methodology for the traffic study will be submitted for review and comment to the Southwest Florida Regional Planning Council, the Florida Department of Community Affairs, Florida Department of Transportation, and the Collier County Transportation Division, prior to initiation of the study. The traffic study will include peak hour and 24-hour traffic counts at all Project entrances/exits and will include an origin-destination survey of motorists entering and exiting the Pelican Marsh Community. Based on that su~ey of Pelican Marsh motorists, the study will determine if the Project will have at buildout, a significant impact on the two roadway segments and/or two intersections under study. Significant impact is defined as set forth below in 8.I.(iv). In the event that the traffic study indicates that the Pelican Marsh Community will have, at buildout, a significant impact on any listed segment or intersection, then that segment or e 2O Words underlined are additions; words~are deletions. DEC 0 9 1997' Co intersection shall be deemed added to the list of significantly impacted road segments and intersections listed in paragraph 8.B.(i) or (ii) above, and the Project shall be subject to all Development Order stipulations relative to roadways for that segment or intersection. In the event that the traffic study indicates that the Pelican Marsh Community will not have, at buildout, a significant impact on any listed segment or intersection, then the Project shall not be subject to any further conditions, stipulations, or concurrency management for that segment or intersection. The completed traffic study shall be submitted to the Southwest Florida Regional Planning Council, Florida Department of Community Affairs, Florida Department of Transportation, and the Collier County Transportation Division. Based on the transportation assessment of significant project impacts, construction of the following transportation improvements or acceptable substitutes or alternatives shall be needed coincident with, development of the Pelican Marsh Community DRI, if adopted level of service conditions are to be maintain, d through buildout (2008) on significantly impacted regional road segments and intersections. Phase i (2000) Airport-Pulling Road -North Community Entrance to Widen to 6 lanes* South Community Entrance -South Community Entrance to Widen to 6 lanes* Vanderbilt Beach Road 21 Words underlined are additions; words~-~hare deletions. -Vanderbilt Beach Road to Widen to 6 lanes* Pine Ridge Road *or widen U.S. 41 (Myrtle Road to Immokalee Road) to 6 lanes if.deemed an appropriate alternative by FDOT. . U.S. 41/Old U.S. 41 -westbound dual left turn lanes -Signal retiming U.S. 41/Wiggins Pass -Signal retiming U.S. 41/Immokalee Road -North and southbound through lanes -Signal retiming U.S. 41/Community Entrance -North and southbound through lanes -Restripe westbound for left turn and through/right lanes -Signal, if warranted U.S. 41/Vanderbilt Beach Road -North and southbound through lanes -Signal retiming Immokalee Road/Airport-Pulling Road -Signal retiming Airport-Pulling Road/North Community Entrance Airport-Pulling Road/South Community Entrance Aix7ort-Pulling Road/ Vanderbilt Beach Drive Airport-Pulling Road/Pine Ridge Road Immokalee Road/Goodlette- Frank Road Pine Ridge Road/Goodlette- Frank Road 1-75 West/Immokalee Road 1-75 East/Immokalee Road Vanderbilt Beach Road/ Community West Entrance Buildout (2008) -Eastbound left turn lane -Eastbound right turn lane -Northbound left turn lane -Southbound right turn lane -Signal, if warranted -North and southbound left turn lanes -North and southbound right turn lanes -East and westbound left turn lanes -East and westbound right turn lanes -East and westbound through lanes -Signal, if warranted -Signal, if warranted -Signal retiming -Signal retiming -Northbound through lane -Southbound right turn lane -Signal retiming -Signal, if warranted -Signal, if warranted -Eastbound left turn lane -Westbound right turn lane -Southbound left turn lane -Southbound right turn lane -Signal, if warranted 22 Words~are additions; words e~-~e~are deletions. DEC 0 9 1997 Airport-Pulling Road -North Community Entrance to South Community Entrance oS~uth Community Entrance to Vanderbilt Beach Road oVanderbilt Beach Road to Pine Ridge Road -Pine Ridge Road to Golden Gate Parkway Widen to 6 lanes Widen to 6 lanes Widen to 6 lanes Widen to 8 lanes* *or construct Livingston Road (Pine Ridge Road to Golden Gate Parkway) Goodlette-Fr~nk Road -Pine Ridge Road to solana Road -Solana Road to Golden Gate Parkway Immokalee Road -U.S. 41 to Goodlette-Frank Road Widen to 6 lanes Widen to 6 lanes Widen to 6 lanes or alternatively, construct Vanderbilt Beach Road Extension Widen to 6 lanes or alternatively, const.ruct Vanderbilt Beach Road Extension .Goodlette-Frank Road to Airport-Pulling Road -Livingston Road to 1-75 Widen to 6 lanes* *or construct Vanderbilt Beach Road (U.S. 41 to Airport Road) U.S. 41 -Old U.S. Road 41 to Immokalee U.S. 41/01d U.S. 41 U.S. 41/Wiggin~ ~ass U.S. 41/Immok&le~ Romd Widen to 6 lanes or alterna- tively, construct Livingston Road Extension -North and southbound through lanes -Signal retiming -No,th and southbound through lanes -Restripeeast and westbound for left turn and through/right lanes -signal retiming -North and eastbound dual left turn lanes -signal retiming U.S. 41/Community Entrance -Westbound right turn lane -Signal retiming U.S. 41/V&ndarb£1t Beach Road -Southbound dual left turn lanes -Eastbound left turn lane -Westbound left turn lane 23 Words Dnderlined are additions; w°rda~are deletions. Immokalee Road/Airport- Pulling Road Airport-Pulling Road/North Community Entrance Airport-Pulling Road/South Community Entrance Airport-Pulling Road/ Vanderbilt Beach Drive Airport-Pulling Road/Pine Ridge Road Immokalee Road/Goodlstte- Frank Road Pine Ridge Road/Goodletts- Frank Road -Westbound right turn lane -Signal retiming -Northbound dual left turn lanes -westbound dual left turn lanes -Signal retiming -Westbound left turn lane -Westbound through lane -westbound right turn lane -Eastbound through lane -Northbound right turn lane -Southbound left turn lane -Signal retiming -Signal rettming -North and southbound through lanes -Signal retiming -Network expansion* -Signal retiming -East and westbound through lanes -Northbound dual left turn lanes-Northbound right turn lane-Signal retiming -North and southbound through lanes -Network expansion*-Signal retiming *Network expansion, including Vanderbilt Beach Road Extension and/or Livingston Road Extension, potential grade separation. 1-75 West/Imm~kalee Road I-TS East/Immokalee Road Immokalee Road/Livingston Road (Community Entrance) Vanderbilt Beach Road/ Co~nity West Entrance Vanderbilt Beach Road/ Co~munity East Entrance -East and westbound through lanes -Signal retiming -East and westbound through lanes -Eastbound dual left turn lanes-signal retiming -East and westbound through lanes -Eastbound right turn lane-Westbound left turn lane-Northbound left turn lane-Northbound right turn lane-Signal, if warranted -East and westbound through lanes -Signal retiming -Eastbound left turn lane -East and westbound through lanes -Westbound right turn lane -Southbound left turn lane -Southbound through/right lane -Signal, if warranted 24 Words underlined are additions; words~are deletions. DEO 0 9 199/' The applicant shall mitigate its impacts on the regional and local roadway and intersections identified herein as follows: (i) The Applicant shall make the site related improvements specified in 8.A. hereof. (ii) The Applicant shall pay its proportionate share of intersection improvements at its access points to public roadways specified in (iii) The Applicant shall be subject to all lawfully adopted transportation impact fees. (iv) The Applicant shall be subject to the Concurrency Management System of the county as set forth herein. The regional roadway segments and intersections on which this project has significant impacts are wholly within the jurisdiction of Collier County for purposes of concurrency management. The county has made the decision to plan for and manage the impacts of this DRI through its duly adopted comprehensive plan. The County has considered the regional roadway segments and regional roadway intersections set forth in 8.B. hereof, and has determined to require the project to be subject to and to comply with the Concurrency Management System (CMS) of Collier Co,~nty as adopted in its Growth Management Plan and implemented by the Adequate Facilities Ordinance (APF) Ordinance No. 93-82, a copy of which is attached hereto as Exhibit "C". After due consideration of the alteznatives, the County has determined that to require compliance with concurrency as mandated by the CMS, in addition to the other mitigations required in 8 hereof, is the appropriate way to 25 Words~L]~are additions; words ee~,~k--~-h~aare deletions. DEC 0 9 '1997 , accon~nodate the impacts of this project and to assure that transportation facilities are provided concurrently with the transportation impacts of this project. The Adequate Public Facilities Ordinance (APF) requires the Growth Management Director to complete an Annual Update and Inventory Report (AUIR) by August 1st of each year on roads and public facilities based on the adopted level of service. The applicant shall provide within fifteen (15) days of publication each year a copy of said AUIR on the regional facilities set forth in 8.B. to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs (DCA). The Board of County Commissioners is required by the APF to establish Areas of Significant Influenc~ (ASI) around any road segment or intersection which is operating a= an unacceptable level of service (LOS} or is projected to operate at an unaccepted LOS and is not scheduled for improvement in the Capital Improvement Element (CIE) of the Comprehensive Plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to the APF. Projects within the boundaries of an ;%SI are, with few exceptions not relevant herein, prohib~ted from obtaining further Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity, if any, of these road segments or additional impacts to the deficient oz potentially deficier~t facility. The applicant shall notify SWFRPC and DCA within five (5) working days after receipt of notice of a public hearing to determine 26 Words underlined are addi~ions; words e~e~J~are deletions. ~he boundaries of any ASI on any facilities listed in Section 8.B. hereof. If any of the road segments identified in this paragraph 8.B. become deficient, the County shall establish an Area of Significant Influence around such segment pursuant to criteria set forth in the APF. In addition to the provisions of the Collier County APF Ordinance: (i) The Pelican Marsh Community Development of Regional Impact is subject to the specified requirements of the Adequate Public Facilities Ordinance No. 93-82 as that Ordinance existed on the effective date hereof. Any amendment to the transportation portions of that Ordinance by Collier County shall not be effective or applied to the DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. (ii) In the event that Collier County designates an ASI around a deficient road se.c~ment that is predicted to be substantially impacted by Pelican Marsh, and the ASI does not include this DRI, then the applicant shall be required to file a Notice of Chamge of this Development Order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant to Subsection 380.06(19), Florida Statutes. (iii) the applicant shall file a Notice of Change within sixty (60) days from the date the County creates an ASI for such a deficient road segment that excludes the DRI. The 27 Words underlined are additions; words e~-~are deletions. DEC 0 9 1997' applicant shall file with the Notice of Change, a current traffic analysis and other information attempting to establish that the DRI is not having a substantial impact upon the pertinent road segment, or other Justification of the County's exclusion of the DRI from the ASI. If an ABI is established for any deficient road segment listed in Paragraph 8.B. of this Development Order that does not include the Pelican Marsh DRI, the' DRI shall not apply for or be issued any further Certificates of Public Facility Adequacy until: (1) the Notice of Change decision is made by Collier County, if neither DCA nor ZWFRPC participates in the public hearing on this No~ice of Change pursuant to Subsection 380.06(19)(f), Florida Statutes and the change is adopted by Collier County, as proposed; or (2) until any appeal of such decision to the Florida Land and Water Adjudicatory Commission is resolved. (iv) For purposes of this Development Order, the DRI shall be deemed to have a significant impact upon a deficient road segment if its traffic impacts exceed five percent (5%) of LOS D, peak hour-peak season, capacity of the roadway. (v) The County shall provide the r~quisite public notice and hold a public hearing on the Notice of Change as exl)editiously as possible. Following a public hearing, Collier County shall amend the DRI Development Order to record its determination whether or not the DRI is having a substantial impact upon the 28 Words~are additions; words o~~M3~are deletions. deficient road segment or otherwise should not be included within an ASI for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to the DRI. The amendment to this Development Order is appealable pursuant to Subsection 3S0.06(19) and Section 380.07, Florida Statutes. (vi] If neither DCA nor SWFRPC participate in the public hearing on the Notice of Change pursuant to Subsection 380.06(19) (f), Florida Statutes and the change is adopted by Collier County as proposed, the DRI may be issue~ Certificates of Public Facility Adequacy following the County's Development Order decision. If either DCA or SWFRPC participates in the public hearing, the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes and no appeal has been filed. Collier County and the applicant may consider other options to provide adequate commitments for needed improvements to transportation facilities set forth in 8.B. hereof provided that said options meet the follcwing criteria: (i) The transportation impacts to the roads and intersections outlined herein shall be addressed consistent with SWFRPC policies and said options or mitigative measures shall be Words~L~L~kll~are additions;words~aek--~'~are deletions. AGENDA J?EM . DEC 0 9 1997 Roadway adopted in accordance with Sections 163.3220- 163.3243, Florida Statutes, which authorize local government development agreements or as authorized by Rule 9J-2.0255, Florida Administrative Code, Transportation Policy Rule. {ii) Any such option would be implemented only after a Notice of Change procedure as outlined above. The applicant, its successors or assigns shall submit an annual traffic monitoring report to the following entities: Collier County, Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), and the Southwest Florida Regional Planning Council (SWFRPC). The first traffic monitoring report will be submitted one year after the date of the issuance of this DRI Development Order. Reports must be submitted annually thereafter until buildout of the proJect. The annual traffic monitoring report will contain the following information: (i) ;~ and PM peak hour turning movement counts at all site access points onto U.S. 41, Vanderbilt Beach Road and its Extension, Immokalee Road, and Livingston Road, and a comparison of the Project's measured trip generation to the Project's trip generation assumed in the DRI analysis. (ii) A summary of the status of road improvements a~sumed to be committed in the ADA, including the following. Segment Improvement Schedule 3O Words ~l~j~ are additions; words~are deletions. AGF-,NDA ITE, M . -- DEC 0 9 1997 Airport Road Golden Gate Fkwy 6L 1994/95 to Fine Ridge Rd U.S. 41 Immokalee Rd to 6L 1997/98 Vanderbilt Beach Rd Logan Blvd Green Blvd to Fine 4L 1994/95 Ridge Road The above traffic monitoring report, in combination with the Annual Update and Inventory Report (AUIR) referenced in Condition 8.F. above, represents the annual traffic monitoring requirements for the Felican Marsh Community. WASTEWATERMANA~EMENT/WATER SUPFLY A. Any development shall require a South Florida Water Management District Water Use Permit for any proposed modifications to existing groundwater or surface water withdrawals on the project site. B. The development shall encourage water-conserving devices/methods, consistent with the criteria outlined within the water conservation element of the South Florida Water Management District Water Use Fermit for Collier County Utilities, or as consistent with criteria contained within the water conservation element of the final approved potable water provider for the development. C. Frior to the availability of reclaimed water from Collier County Utilities, the developer shall continue to investigate the feasibility of obtaining reclaimed water through interconnection with other reclaimed water suppliers. The developer shall actively participate in discussions and negotiations with potential suppliers of reclaimed water. The developer shall provide a summary of these ongoing activities within the Annual Monitoring Report for the development. D. The South Florida Water Management District has previously permitted the portion of th~ Pelican Words~are additions; words e~are deletions. Marsh Community located west of Airport-Pulling Road for withdrawal of 61.1 million gallons per month from the Lower Tamiami Aquifer for agricultural purposes. Unless otherwise permitted by SFWMD, the applicant shall not exceed this existing allocation west of Airport Road during conversion of this property to other land uses. Consequently, the applicant shall be required to identify an alternate source of non-potable water; preferably recycled wastewater; should projected irrigation requirements exceed the previously allocated amount. For the purpose of non-potable water conservation, the Pelican Marsh Community shall utilize xeriscape principles, and drought-tolerant native vegetation, in the design of the development's landscaping· The project shall obtain potable water, and wastewater treatment, from the Collier County Utilities Division, if Collier County Utilities determines that it has sufficient capacity to se~;e the project. Should Collier County Utilities Division determine that they do not have sufficient capacity, the Applicant shall either construct interim potable water and wastewater treatment facilities, or shall postpone development until such time as Collier County Utilities' service capacity is available to the project. Any interim facilities constructed by the applicant shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Applicant's expense, upon connection to the County facilities. Whether potable water and wastewater facilities are provided on-site or off-site, the applicant shall demonstrate to Collier County that Words~.are additions; words e~%~,e~are deletions. AGENDA.,ITF..,M . -- · NO.~ DEC 0 9 1997 adequate wastewater treatment capacity is available at the time of final plan approval for that phase of development. As the Pelican Marsh Community intends, and may be required, to utilize treated effluent for irrigation, on-site lakes, wetlands, and the stormwater management systems shall be adequately protected from possible effluent contamination, per FD£P regulations. Industrial effluents, if generated by the project, will be pretreated prior to discharge into the County wastewater system in accordance with Florida Department of Environmental protection criteria. Temporary septic systems may be utilized in conjunction with construction and sales offices and model homes. Septic systems shall not be allowed on-site, other than for construction and sales offices and model homes, due to the possibility of hazardous wastewater generation by the retail and office portions of the development. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm at the time when permanent or interim wastewater treatment plants come online. All construction plans, technical specifications, and proposed plats, as ap~licable, for the proposed water distribution and wastewater collection systems, and any possible on-site treatment facilities, shall be reviewed and approved by the Collier County Utilities Division prior to commencement of construction, in accordance with the Collier County Land Development Code. All potable water facilities, including any possible on-site potable water treatment system, Words underlined are additions; words e~are deletions. " · DEl:} 0 9 1997 10. 11. shall be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate required by applic~ble regulations. L. The lowest quality of water for the proposed uses shall be utilized for all non-potable water uses. M. All commitments made by the applicant within the ADA and subsequent sufficiency round information, related to Question 17 (Water Supply) and Question 18 (Wastewater Management), and not in conflict with the above recommendations shall be incorporated as conditions of approval within the Collier County Development Order for the Pelican Marsh Community. CONSISTENCY W~THTHE LOCAL COMPRE~ra~SIVE PLAN A. Collier County has determined that the Pelican Marsh Community project is consistent with the Collier County Comprehensive Plan and that the project's phasing is consistent with the County's concurrency management plans relative to public facilities necessary to support the project. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project apprcval outlined above are officially adopted as conditions for ~pproval. B. Pursuant to Subsection 380.06(16), Florida Statutes, the applicant shall receive credit for contributions, construction, expansion, or acquisition of public facilities if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local 34 Words ~nderlined are additions; words~are deletions. DEC 0 9 1997 ,.,. government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. 12. PUD DOCUI(ENT A. There is a PUD document (Ordinance 9S-4) approved by the Board of County Commissioners on January 24, 1995, which also governs the Pelican Marsh Community. WCN acknowledges that the conditions and commitments of the PUD document also govern the development and use of property wi:bin :he Pelican Marsh Community, even though the PUD document (Ordinance 9S-4) is specifically not made a par: of this Development Order. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order. 2. This Development Order shall remain in effect for fifteen (15) years from the date of adoption. The County acknowledges :hat significant physical development has commenced within the Pelican Marsh Community pursuant to the provisions of a Preliminary Development Agreement between WCN and the Department of Community Affairs, dated May 28, 1993 (Amendment dated October 1, 1993), and a PLTD document (Ordinance 93-27) adopted by C~11ier County on the 2Sth day of May, 1993. 3. The definitions contained in Chap:er 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Qrder. 4. Pursuant to Subsection 380.06(1S) (c)3, Florida Statutes, this project is exempt from down-zoning or intensity or dens£ty reduc:ion for a period of ten (10) years from the date of adoption Words underlined are additions; words e~are dele:ions. DEC 0 9 1997 of the Development Order, subject to the conditions and limitations of said Subsection of the Florida Statutes. 5.- The applicant or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J- 2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format", as maybe amended, provided by the SW}~PC. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present. Upon a finding that either of the following is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida Statutes, pending issuance of an amended development order. A. A substantial deviation from the terms or conditions of this Development Order, a ~ubstantial deviation to the project development phasing schedule, a failure to carry out conditions, commitments or mitigation measures to the extent or in accord with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida Regional Planning Council; or B. An expiration of the period of effectiveness of this Development Order as provided herein. 36 Words underlined are additions; words e%~4~-~are deletions. AGENDA ITE~, DEO 0 9 1997 P~- ~ C. If the local government, during the course of monitoring the development, can demonstrate that substantial change~ in the conditions underlying the approval of the Development Order have occurred or that the developmen: order was based on substantially inaccurate information provided developer, resulting in additional substantial regional impacts, :hen a substantial deviation shall be deemed =o have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining addition substantial regional impacts. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all o:her applicable local, state o~ federal perm£tting procedures. 8. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 9. Appropriate conditions and commitments contained herein may be assigned to or assumed by the Pelican Marsh Community Development District. 10. In :he event :hat any portion or section of :his Order is determined :o be invalid, illegal, or uncons:itu:ional by a cour: or agen~l of competent Jurisdiction, such decision shall in no manner, affect :he remaining portions of thiu Order which shall remain in full force and effect. 11. This Order shall be binding upon the County and :he Developer, their assignees or successors in in:eres:. 12. This Developmen: Order shall become effec:ive as provided by law. 13. Certified copies of this Order shall be provided to :he Departmen: o~ Community Affairs and :he Southwes: Florida Regional 37 words underlined are additions~ words e~are dele:ions. 1997' Planning Counci! as provided in Subsection 380.05(25)(g), Florida Statutes. Cocunissioner offered the foreg~tng Resolution and moved its adoption, seconded by Commissioner _----- and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: DONE AND ORDERED this .... day of _, 1997. BOARD OF COUNTY COMMISSIONERS COLLZER COUN'fY, FLORIDA DWIGHT E. BROCK, CLERK By: TIMOTHY L. HANCOCK Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: FdtRJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY Words underlined are additions$ words e4~ae~-~-ae~ are deletions. · DEC 0 9 1997 Exhibit Exhibit Exhibit Exhibit "D' LIST OF EXHIBITS PELICAN MARSH COMMUNITY DEVELOPMENT ORDER Legal Description ADA and Sufficiencies (by reference) APF Ordinance Master Plan 39 Words underlined are addicions~ words e~-~~are deletions. EXECUTIVE SUMMARY PETITION NO. DOA-97-4, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP AND VARNADOE, P.A., REPRESENTING WCI COMMUNITIES, L.P., FOR AN AMENDMENT TO THE PELICAN MARSH DEVELOPMENT ORDER 95-1, AS AMENDED BY DEVELOPMENT ORDER 95-5, RESOLUTION 95-555, FOR THE PURPOSE OF REDEFINING THE DEVELOPMENT STRATEGY AND MASTER PLAN FOR THAT PORTION OF PELICAN MARSH LYING EAST OF AIRPORT-PULLING ROAD (C.R. 31), AND THE AREA OF VANDERBILT BEACH ROAD/GOODLETTE-FRANK ROAD INTERSECTION FOR A 4.70 "CF" PARCEL, WHICH WILL RESULT IN A REDUCTION TO THE NUMBER OF DWELLING UNITS AUTHORIZED FROM 5,600 TO 5,100 DWELLING UNITS WHILE REVISING THE AUTHORIZED AMOUNT OF COMMERCIAL DEVELOPMENT BY DECREASING RETAIL AND OFFICE SPACE, AND INCREASING HOTEL SPACE, AS WELL AS PROVIDING FOR A NEW MASTER PLAN ILLUSTRATING A TWENTY-SEVEN (27) HOLE GOLF COURSE AND INCREASED OPEN SPACE IN THAT PART OF THE PELICAN MARSH COMMUNITY LYING EAST OF AIRPORT-PULLING ROAD AND DESIGNATING A 4.7 ACRE PARCEL OF LAND AT THE SOUTHEAST CORNER OF VANDERBILT BEACH ROAD/GOODLETTE-FRANK ROAD FOR A COMMUNITY FACILITY TYPE OF LAND USE, AND A BOUNDARY CHANGE ON THE WESTERN MOST PARCEL HAVING THE EFFECT OF DELETING 3.4 ACRES FROM THE PELICAN MARSH COMMUNITY, FOR PROPERTY LOCATED IMMEDIATELY NORTH OF AND CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R. 901), FROM AIRPORT-PULLING ROAD (C.R. 31) TO U.S. 41 NORTH IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 2072 ACRES. (COMPAN'ION TO PUD-93-1(3). OBJECTIVE: This petition seeks to have the Pelican Marsh Development of Regional Impact (DRI) Development Order amended for the purpose of revising the authorized number of dwelling units, the distribution of commercial land uses, the legal description and boundary, findings of fact regrading hurricane evacuation, and by reference the PUD Master Plan. CONSIDERATIONS: The land area lies north of Vanderbil! Beach Road extending from U.S. 41 Nframiami Trail North to the Livingston Road right-of-way with some exception for land lying south of Vanderbilt Beach Road at the intersection of Vandcrbilt Beach Road and Goodlette-Frank Road and encompasses an area of 2,072.88 acres. The changes proposed wiil result in a net decrease in th~ amount of approved development accompanied by a decrease in impacts resulting therefrom, while increasing the acreage of recreational use, areas set aside for preservation, and the acreage of miscellaneous "open space". The total number of residential dwelling units at Pelican Marsh is being reduced from $,600 units to 5.100 units (a decrease of 500 units). The proposed DO amendments will maintain th ~-sam~.gLtk~'~/;~ ~ of 'activity center" use approved in the original 1995 Pelican Marsh Development authorized maximum amounts of retail and offic~ uses within the activity center ~ili Utt~ .. ' i while adding some hotel units and increasing the applicant's flexibility to relocate the approved cultural center to within the designated activity center. The proposed amendment requests that the designated activity center contain the following land uses and magnitudes: 345,000 square feet of retail use (a decrease of 230,000 s.f.); 200,000 square feet of office use, of which up to 50,000 may be medical office use (a decrease of 150,000 s.f.); and 400 hotel rooms (an increase of 120 rooms). The golf course use, currently 36 holes on approximately 346 acres, is proposed to be increased to 63 holes on approximately 572.4 acres, an increase of 27 holes and 226.2 acres. The preserve acreage is being increased by 36.4 acres, from 294 acres to 330.4 acres. In addition the amount of miscellaneous open space w~ll be increased from 59 acres to 114.2 acres, a gain of 55.2 acres. The revised Pelican Marsh Master Plan also designates a 4.7 acre parcel at the sot.-theast corner of the Vanderbilt Beach Road/Goodlette-Frank Road intersection for "CF" use (community facility). A very minor boundary change on the southwestern perimeter of the western most parcel will result in a deletion of 3.4 acres from the Pelican Marsh Community, reducing the total size of the project to 2,072 acres. No land is being added to Pelican Marsh by this amendment and all other changes proposed to the Pelican Marsh Master Plan occur within the boundaries of the project approved in the 1995 Development Order. The proposed changes to the Pelican Marsh land uses are shown in the chart below, which compares the approved land use amounts contained in the current Development Order to the requested land uses that will result from approval of this amendment. Authorized by 1995 DO 95-1 Land Use Magnit.ude 9f.Development ] 997 NOPC Chan~e Residential Units 5,600 dwelling units 5,100 units -500 dwelling units Activity Center 80 acres 80 acres 0 Retail Commercial 575,000 sq. ft. (50 ac.) 345,000 sq. ft. °230,000 sq. ft.. Office Commercial 350,000 sq. fl. (inc. up to 100,000 sq. ft. of med. office) 200,000 sq. fi. (up to 50,000 sq. fi. med. Office) -150,000 sq. ft Hotel Units 280 400 +120 Cultural Center 80,000 sq. ft. (750 seats) 80,000 sq. ft. (750 seats) Golf Course 36 holes 63 holes +27 holes Conservation Area Open Space 294 acres 59 acres 2 330.4 acres 114.2 acres +3¢ +5 The Collier County Planning Commission reviewed this petition on November 20, 1997 and unanimously (7 to 0) recommended its approval to the Board of Commissioners as described by the Development Order Resolution. ;: '" " No communications were received in opposition to this petition nor were any presentations made to the FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. 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: Specific provisions are contained within the current development order regarding accidental finds of historic/archaeological artifacts. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition DOA-97-4 an amendment to the Pelican Marsh Development Order 95-I as described by the amended Development Order Resolution and Exhibits thereto. DEC 0 9 1997 DOA-97-4 EX SUMMARY/md 4 DEC 0 91997 AGENDA ITEM 7-X MEMORANDUM TO: FROM: NNING COMMISSION 'MENT SERVICES DMSION DATE: PETITION NO: DOA-97-4, PELICAN MARSH OWNER/AGENT: Agent: Mr. George L. Vamadoe Young, vanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: WCI Communities, L.P. 24301 Walden Center Drive Bonita Springs, Florida 34134 lt.EOUESTED ACTION: This petition seeks to have the Pelican Marsh Development of Regional Impact (DRI) Development Order amended for the purpose of revising the authorized number of dwelling traits, the distribution of cormnercial land uses, the legal description and boundary, findings of fact regarding htm'icane evacuation, and by reference the PUD Master Plan. GEOGRAPHIC LOCATION; The land area lies north of Vanderbilt Beach Road extending from U.S. 41 N./'ramiami Trail North to the Livingston Road right-of-way with some exception for land lying south of Vanderbilt Beach Road at the intersection of Vanderbilt Beach Road and Goodlette-Frank Road and encompasses an area of 2,072.88 acres. (See location map following page) PURPOSE/DESCRIPTION OF I~ROJECT: The changes proposed will result in a net decrease in the amount of approved development, accompanied by a decrease in impacts resulting therefrom, while increasing the acreage of recreational use, areas set aside for preservation, and the acreage of miscellaneous "open space." The total number of residential dwelling units at Pelican Mar~.h is being reduced from 5,600 units to 5,100 units (a decrease of 500 units). The proposed DO amendments will maintain the same 80 - acres of"activity center" use approved in the original 1995 Pelican Match Develol The authorized maximum amounts of retail and office uses within the activ decreased while adding some hotel units and increasing the applicant's flexibiI ,ty cel~. r~J ty to relocate the DE0 0 9 1997 approved cultural center to within the designated activity center. The proposed amendment requests that the designated activity center contain the following land uses and magnitudes: 345,000 square feet of retail use (a decrease of 230,000 s.f.); 200,000 square feet of office use, of which up to 50,000 may be medical office use (a decrease of 1:50,000 s.f.); and 400 hotel rooms (an increase of 120 rooms). The golf course use, currently 36 holes on approximately 346 acres, is proposed to be increased to 63 holes on approximately 572.4 acres, an increase of 27 holes and 226.2 acres. The preserve acreage is being increased by 36.4 acres, from 294 acres to 330.4 acres. In addition the amount of miscellaneous open space will be increased from 59 acres to 114.2 acres, a gain of 55.2 acres. The revised Pelican Mar~h Master Plan also designates a 4.7 acre parcel at the southea':t comer of the Vanderbilt Beach RoacVGoodlette-Frank Road intersection for "CF" use (community facility). A very minor boundary change on the southwestern perimeter of the western most parcel will result in a deletion of 3.4 acres from the Pelican Marsh Community, reducing the total size of the project to 2,072 acres. No land is being added to Pelican Mar~h by this amendment and all other changes proposed to the Pelican Marsh Master Plan occur within the boundaries of the project approved in the 1995 Development Order. The proposed changes to the Pelican Marsh land uses are shov,'n in the chart below, which compares the approved land use amounts contained in the current Development Order to the requested land uses that will result from approval of this amendment. Land Use AuthoriZed by 1995 DO 95-1 Magnitude of Development 1997 NOPC Change Residential ACtivity ¢'enter [Zetail ¢grnmercial Office Corranercial ,~,~00 dwelling units $0 acres ~?$.oo0 sq. ft. ($0 a.c,} 350,000 sq. ft. (inc. up to I00,000 sq. ft. of med. Office) Hotel Units ~It~rai Center {~olf Course ¢0nservatior} Area Open Space 80.0O0 ~a. fr.. ¢750 seats) 794 acres $9 acres 4O0 80.000 sa. ft. ¢750 seats) ~ holes ~0.4 aces i 14.2 acres +1~9 0 +~7 hgles *~,4 acres +$$.2 acre~ AGENDA ITF.~I, DEC 0 9 1997 SOUTH REGIONAL PLANNING COUNCIL: On October 16, 1997 the SWRPC heard the Notice of A Proposed Change To A Previously Approved Development Of Regional Impact (NOPC) pursuant to Subsection 380.06(19) Florida Statute. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify Collier County, the Florida Department of Community Affairs (DCA), and the ,~pplicant that the proposed changes do not create additional regional impacts or any r,:gional impacts not previously reviewed by the Southwest Florida Regional Planning Council, and the Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Notify the Florida Department of Community Affairs that thdr participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. 3. Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DCA or the County. ~;TAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DKI land use authorizations. DRI Development Orders are structured first and foremost to contain regulation that respond to relationships dictated by State Administrative Rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submission as part of the NOPC. It is *hat information which upon review by the SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. The reduction of 500 residential units, coupled with the significant d~a-ease in both r~adl and office uses will result in a substantial reduction in the transportation and other impacts generated by the Pelican Marsh Community which will more than offset the proposed addition ora 120 hotel mxits. A revised transportation analysis demonstrating the reduced traffic impacts of Pelican marsh ~s amended is shown as follows: DEC 0 9 1997 Trio ~ell~atiola COrn_var/son Two-Way PM Peak Hour Avvroved Revised Chang~ Percent Total 5,487 o.:) 4,594 ~:) -893 Internal 944 799 o) N/A External 4,543 m 3,795 -748 Pass-By 394 410 o) N/A Net New 4,149 (' 3,385 -764 -16.3% N/A -16.5% N/A -18.4% Foot/lores: RYE Staff Asseaarnent, Table H-1. IT~ Tri~ Gen~'rafiOn, Fifth Edition. Internal orientation of approximately ! 7 percent from RYC StaffA$~essment. Based on this comparison of the approved PM peak hour trips under the original RPC Staff Assessment and the PM peak hour trips based on the revised development parameters being proposed for the Project, a reduction of 18.4 percent in net new external nips is expected as a result of the change in Project development parameters. The original Pelican Marsh Development Order required that the golf course clubhouse~, or other approved buildings be utilized as hunieane evacuation shelter ~aee. Collier County has agreed to accept the Pelican Marsh Elementary School (approximately 148,000 square feet) as shelter space in lieu of the golf course clubhouses. The Development Order wording is being changed to reflect Collier County's acceptance of the Pelican Marsh elementary school site for this purpose, and satisfaction of the shelter space mitigation requirement. The proposed changes to the Pelican Marsh DRI will reduce, and will not result in any net increase of the impacts generated by the development. These changes do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. Approval of this amendment will allow the BCC to do. al with amendments to the zoning ordinance as represented by a companion petition. STAFF RECOMMEND/~TION; That the Collier County Planning Commission (CCPC) recommend approval of Petition DOA-97-4 an amendment to the Pelican Marsh Development Order 95-1 as described by the amended Development Order Resolution and Exhibits thereto. AGENDA. IT£M,,. DEC 0 9 1997 p~. ~P RONA~D F, NINO, AI'C~'~ '~ CHIEF PLANNER REVIEWED BY: I~OB~,RT I. MULHERE, AICI~ CURREWr PLANNING MANAGER DONALD W. ARNOLD, AICP P~~_~ERVICES D~ARTMENT DIRE CT OR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number DOA-97-4 Staff Report for November 20, 1997 CCPC meeting. DATE ' /o DATE DA'~E% / DATE COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN DOA-974 STAFF REPORT/md 5 AGENDA ITFJd , -- DE0 0 9 1997 PETITION APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES Name of Applicaal(s) Applicaat's Mailing Address City Bonita Snrin~s State Applicant's Telephone Number: Is the applicant the owner of the subject property? DATE x (c) __(e) SEP 1997 WCI Corrrmunities. L.P. 124301 Walden Center Drive Zip 34134 Yes (94 !) 94%2600 ,~ No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals b~low. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, amch copy of contract, and indicate actual owner(s) name ~M address below. Name of Agent Georee L. Varnadoe Firm young, van Assendero & Vamadoe Agent's Mailing Address 801 laurel Oak City Nanles Agent's Telephone Number: I.OI 3~.33.01,11~'t/D State FL (94D 59%2814 Zip 34101 Page no. ~/ DEC 0 9 1997 of 4 PI. ,/t~ , PUD Ordinan~ and Number: pUD 94=9 (Previously amended by Ordinance #'s 93-27) D~tai~ed legal description of the property covered by the application (if space is inadequate, attach on t~.-parate 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, ~ubmit five ($) copies of survey; 1" to 400' scale). The applicant is responsible for ~pplying the correct legal description, If questions arise concerning the legal description, an engineer's certification shall be required. %ction./~ Township _ 4~ South Range ~ lea~t Address or location of subject property: The sub_iect p _roperty is currently under the ownership or control of WCI Communities. L.P.. 24301 Walden Center Drive. Bonita Springs. Florida 34134 Does property owner own contiguous property to the subject property?. If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) Type of Amendment: x A. PUD Document Language Amendment x B. PUD Master Plan Amendment × C. Developmem Order Language Amendment Does amendment comply with the comprehensive plan: x Yes If no, explain: Page __ No 10. Has a public hearing been held on this properly within the last year?. If so, in whose name? Yes. WCI Communities. L,p. P~ition Number: PUD 94-9(2'~ Date: 1215196 · Has any portion of the PUD been sold a.,xl/or developed? Are any changes proposed for lhe area sold and/or developed? If yes, describe. (Attach additioml sheets if necessary.) Portions of the PUD have been sold tO and/or devel .oped bv senarate emi6~ for the intended .tm _rpose of develorrmeut. I, Susan Hebel Warts. being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed heating; that all the answers to the questions in this application, and ail sketches, data, and other supplementary matter attached to and made a pan of ihis application, are hones~ and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any ma~rs regarding this Petition. Signature of Owner Susan Hebel Watts, Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged I~rore me thisbe) day offS. 199c7, by Susan Hebel Wa~, who is personally kno~wn to me or who has p~(l:~tuced _ as identification and who did (did not) take an oath. (Sigmtum of Nolm'y PUblic) ffi o~ 1997 ....... Hilll III IIlII I I I1' STATE OF FLORIDA COUNTY OF CO~.t IER The foregoing Application was acknowledged before me ~ ,2 2.-- day of~tt~, ~ ~,~'~--', 199'7~ C. eorge L. Var~d~, who is perSOnally known t~ me or who l~s produced. ~'--~,"tv.~,.~ L~¢~,~..~e,. as identification and who did (did not) take an oath. (Signature of Notary Public) WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership General Partner: Class A Limited Partner: Class C Limited Partners: Investors of WCI, Inc., a Delaware corporation 24301 Walden Center Drive, Bonita Springs, FL 34134 Communities Investor Limited Partnership 140 South Dearborn, Suite 1100, Chicago, IL 60603-5285 Donald Ackerman & Al Hoffman 24301 Walden Center Drive, Bonita Springs, FL 34134 E. Leslie Peter 510 Vonderburg Drive, Suite 3000, Brandon, FL 33511 no. I~ CONSENT AND APPOINTMENT OF A(~ENT This Co~ent and Appointment of Agent is made this '- day of ~ ~'~'r , 1997 by WCI Communities Limited Partnership (hefein~ter referred to as the "Owner"). W I TNE S SETH WHEREAS, the Owner has a mailing address of 24301 .Walden Center Drive, Bonita Springs, Florida 34134; and WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the .Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact ("DRI") which was approved in Development Order 95- i issued by Collier County on January 24, 1995; and WHEREAS, the Owner intends to carry out development on the Subject Property described in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the state of Florida and agencies of local government; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law firm of YoUng, van Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, FL 34108, are hereby designated and appointed the agent/representative of the .Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner's plan of development for the Subject Property described in Exhibit "A". 2. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for che Owner with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PUD zoning or rezoning on the Subject Property. These ag~Inci~£~?£M~, entities may include, but shall not be limited to, the f,,llo~~~;. DEC 0 ,9 1997 a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other gabinet level offices and agencies. · e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owner, WCI Communities Limited Partnership has signed below. OWNER: WCI COMMUNITIES LIMITED PARTNERSHIP WITNESSES: Signatur~ Printed Na~e Signature Printed Name AGENDA IT~2/, · DEC 0 9 1997 FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHANOE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REOIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, ~eorge L. Varn&4oe, the undersigned owner/authorized representative of WCI Communities, Limite4 Partnersh&p, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Eureau of State Planning, Department of Community Affairs. 0(Date) ' AGENDA DEC 0 9 1997 CONSENT AND APPOINTMENT OF AaENT this ~Q_~_day This Consent and Appointment of Agent is made of · ~~- , 1997 by WCI Communities Limited Partnership (herein~2~ter referred to as the "Owner"). WITNESSETH WHEREAS, the Owner has a mailing address of 24301.Walden Center Drive, Bonita Springs, Florida 34134; and WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the "Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact ("DRI") which was approved in Development Order 95- i issued by Collier County on January 24, 1995; and WHEREAS, the Owner intends to carry out development on the Subject Property described in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other · agencies of the state of Florida and agencies of local government; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law firm of YoUng, van Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, FL 34108, are hereby designated and appointed the agent/representative of the Owncr, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner's plan of development for the Subject Property described in Exhibit 2. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably obtaining approval of proposed development on the Properties, including amendments to the DRI Development PUD zoning or rezoning on the Subject Property. These ag entities may include, but shall not be limited to, the a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other ~abinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TOANDAPPOINTMENTOFTHE AGENT named above, the Owner, WCI Communities Limited Partnership has signed below. OWNER: WCI COMMUNITIES LIMITED PARTNERSHIP Dated: ~[~D~- WITNESSES: Signatu~ Printed Na~e Signature Printed Name 3'WCI\JC~A OEO 0 9 1997 o Applicant (name, address, phone)· WCI Communities, Limited partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (941) 947-2600 Authorized Agent George L. Yarn&doe Young, van Assenderp & Yarn&doe, P.A. SunTrust Building 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 587-2814 Location (City, County, Township/Range/Section) of approved DRI and proposed change. The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, Collier County, Florida. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. · pelican~arsh Community DRI was approved by Collier County o%~n January 24, 1995, in Resolution No. 95-71, Development Order 95-1. Several months after ~he Pelican Marsh Community DO was issued, the applicant entered into & Boundary Settlement Agreement with the adjacent property owner to the north of the project. A Notice of submitted to incorporate the new boundary. Collier County approved the NOPC on Sept,~her 26, 1995, in Resolution No. 95- 555, approving Development Order 95-5, which resulted in& net addition of one acre within the northern boundary o£ pelican Marsh between U.S. 41 on the west and Goodlette-Frmnk Road on the east. Development Order 95-5 increased the size of Pelican Marsh Community by one acre to a total of 2,076 acres. -2- AGENDA ITF.~ No./:Jo, C~l DEC 0 9 1997 occurred d~ring the past 2½ years primarily ~ -.- .. .- ortion of the site. The opportunity to create ~-o~- to refine the previously approve~_ plan o= proposed in this NOPC, described below, will result in .& .n.et decrease in the amount of approved development, &ccom~anle~ Dy a decrease in impacts resulting therefrom, while increasing acres · of racreational use, the areas set aside for Marsh is being reduced from 5,600 ~nits co ~,A~Uu~.A~ .~ decrease of 500 units). The proposed DO amen0men=s w~ maintain the same 80-acres of Sactivity centsru use approves in the original 1995 PelicanMarsh Development Order/PUD. The ,uthori ,d ma im amount, of r.t,il off f.e the activity center will be decreased while au=xng some units and increasing the applicant's flexibility to relocate the approved cultural center to within the designated activity center. The proposed &mendment requests that the designated activity center contain the following land uses and magnitudes: 345,000 square feet of retail use (a decrease of 230,000 s.f.); 200,000 square feet of office use, of which up to 50,000 may be medical office use (a decrease of 150,000 s.f.)$ and 400 hotel rooms (an increase of 120 rooms). The golf course use, currently 36 holes on approximately 346 acres, is proposed to be increased to 63 holes on approxi- mately 572.4 acres, an increase of 27 holes and 226.2 acres. The preserve acreage is being increased by 36.4 acres, from 294 acres to 330.4 acres. In addition the amount of miscellaneous open space will be increased from 59 acres to 114.2 acres, a gain of 55.2 acres. The revised Pelican Marsh Master Plan also desi~nates a 4.7 acre parcel at the southeast corner of the Vanderbilt Beach Road/~oodlette-Frank Road intersection for ~CF" use (6ommunity facility). A very minor boundary change on the southwestern perimeter of the westernmost parcel will result i~ a deletion of 3.4 acres from the Pelican Marsh Community, reducing the total size of the project to 2,072 acres. No land is being added to Pelican Marsh by this NOPC and all other changes proposed to the Pelican Marsh Master Plan occur within the boundaries of the ~roJect approved in the 1995 Development Order. The proposed changes to the Pelican}~arsh 1&nd uses are shown in the chart below, which compares the approved land use -3- AG£N. D~, iTEM,. DEC 0 1997 P~. ~/ amounts contained in Development Order 95-1 to the requested land uses that will result from approval of this NOPC. Land Use Authorized by 199~ DO 92-1 1997 NOPC CHANGE Mag, nitudc of Development .......... Residtntitl Uniu ~,~ dwcllin~ un~ 5,1~ uni~ .~ dweHin~ un~ R~I ~~ 57~,~ ~. ~ (50 ~.) 345,~ ~. · .~0,~ ~. · ~ ~~1 3~,~ ~. · (inc. up m 2~,~ ~. ~ -150,~ ~. · I~,~ ~. · ofm~. o~) (up m 50,~ ~.~ m~. o~) Howl Uni~ 280 ~ ~120 Culm~ Center 80,~ sq. · (750 ~a~) 80,~ ~. · (750 sea~) 0 Golf ~u~e 36 holes 63 holes +2~ hol~ ~ation A~a 294 acres 330.4 ac~s +36,4 ac~s ~n Space 59 ac~s 114.2 ac~s +55.2 a~s All of the above land use changes to the Pelican Marsh Community are depicted on the Proposed Master Plan, attached as Exhibit i to this NOPC. The reduction of 500 residential units, coupled with the significant decrease in both retail and office uses will result in a substantial reduction in the transportation and other impacts generated by the Pelican Marsh Community which will more than offset the proposed addition of a 120 hotel units. A revised transportation analysis demonstrating the reduced traffic impacts of Pelican Marsh, prepared by David Plum~er and Associates, is attached as Exhibit 3. The original PelicanMarsh Development Order required.that the golf course clubhouses, or other approved buildings be utilized as hurricane evacua,~ion shelter space. Collier County has agreed to accept the Pelican Marsh Elementary School (approximately 148,000 square feet) as shelter space in lieu of the golf course clubhouses. The DeveloFment Order w~rding is being changed to reflect Collier County's acceptance of the Pelican Marsh elementary school site for this purpose, and satisfaction of the shelter space mitigation requirement. The proposed changes to the PelicanMarsh DRI will reduce, and will not result in any net increase of the impacts ~enerated by the development. These changes do not constitute a -4- AGENDA IT E,i~. DEC 0 O 1997 o substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the developmept. If no change is proposed or has occurred, indicate no change. See the attached subst~ntial deviation determination chart. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? The Pelican Marsh Community remains entirely within the Jurisdiction of Collier County. There is no additional land being added by this Notice of Proposed Change. A minor boundary correction to the southern boundary of the w~stern parcel will result in a decrease in size of the Pelican Marsh Community by approximately 3.4 acres. The proposed changes are all contained within the original boundaries of the Pelican Marsh Community DRI, as approved. There has been one previous Notice of Proposed Change to the Pelican Marsh Community which resulted in an additional one acre being added to the northern boundary of the western parcel, between U.S. 41 on the west and Qoodlette-Frank Road on the east. The previous NOPC was the result of · Bounc~ary Settlement Agreement with the adjacent property owner to the north, which resulted in the exchange of approximately 9 acres of land from each land owner to the other, with the net result being an increase of one acre to the Pelican Marsh Co~Inity. The notice of proposed change was approved by Collier County on September 26, 1995, in Resolution 95-$55 approving Development Order 95-5. There have b~en no other changes or amendments to Development Order 95-1 since it was issued by Collier County on January 24, 1995. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. -5- AG£ND6 NO. ~ DEC 0 9 1997 o 10. 11. 12. 13. No additional land has been purchased for option by WCI Communities, Limited Partnership, within ~ mile of the original DRI site since the approval by Collier County £n January of 1995. Indicate if the proposed change is less than 40% (cumul4tively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19) (e)2 Florida Statutes? '' YES NO ~ Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No. The Development Order remains in effec~until January 24, 2010, fifteen years from the date of its adoption on January 24, 1995. Will the proposed change require an amendment to the local government comprehensive plan? NO. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. See attached revised Master Plan, marked as Exhibit 1. Pursuant to Subsection 380.06(19) (f), Florida ~tatutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address .~nd quantify: a. All proposed specific changes to the nature, phasing, and buildout date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number AG£ND~{TE~ -6- No.~ DEC 0 9 1997 e e o of units; and other major characteristics or components of the proposed change; See the enclosed revised Master Plan, Exhibit 1; also see all proposed wording changes contained in the revised Development Order attached as Exhibit 4. ' An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; A minor deletion of 3.4 acres from the Pelican Marsh Cc~unit7 is reflected in the revised legal description for the Pelican Marsh Co--unity attached as Exhibit 2. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. Development commenced pursuant to a pre- development agreement entered into in 1993. A proposed amended development order termination date that reasonably reflects the time required to complete the development; Not applicable; no change is requested. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and Not applicable; no change is requested. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. -7- AGI:'N DA JTF.~ DEC 0 9 1997 AGENDA ITEM No. ~ DEC 0 9 1997 AGENDa, IT, F..M DEC 0 9 1997 P~.~7 g 0 o 0 u~ AGENDA ITEM No. ~ DEO 0 9 1997 AGENDA DEC 0 9 1997 H 0 m '~ 0 AGENDA, ITEM_ DEC 0 9 19~7 '.1 ,:II ~ ,~ ~t '. ',', ~ I '., _~ '. ~ ' .... I "-; ::' :,' I~'~' ~t:.: : ~ ~:::.::~' II I ' ~ ~ ..... I-c~ ..~.~ · ~.~%~--~, ...~, ,~:¢~.. :::: ............ ...... :~..~ .............. AGEND&,;T[~ -' [ i ' 11 j J~,, , Map H Pelican, ~ ~ ~ ~Marsh Communities DEC ,C S:~ .:~. ~_, - , , Master Plan DZ'V'ET.,0PHEI~ OP..OEIL NO. ~7- ,, ]LZSOLUTION NO. A P.E$OLC~TZO~ AJ(:E:I~N~ DEYZ~OPI4Z:NT OP..~t NO. 95-~, A~ AXZ:ND]~, ~O~ ~ PELZ~SH D~LO~ OF ~Z~ ~A~ BY PZOYZDIN~ SE~ION O~, ~~S TO D~LO~ O~ BY ~IN~ 4, FI~IN~S OF FACT TO SH~ ~IS~ A~ES A~IB~LE TO ~I~ ~A~ATION/FL~DP~INS, CON~USIONS OF ~W ~E~TIN~ TO ~E PROVISION OF ~I~ S~LTERS~ ~E~I~ ~, P~S OF SE~ION ~E, CONCLUSIONS OF ~W~ ~ SE~ON FO~, EF~ OF P~IOUSLY ISS~ D~LOP~ O~ER, ~I~ TO DEP~ OF C~I~ ~FAIXS ~ EFFE~I~ DA~. ~R~, W~ Co~uniCiee, Inc., (herein 'W~") filed on Nove~er 90, 199~, wi=h the Coun=y of Collier an Applica=ion for D~velo~men= Approval (~A) of a Developmen= of Regional (DRI} known a Pelican Marsh Community in accordance with Subsection 380.06(6), Florida Sca=uces~ and ~ERE~, =he Board of County Commissioners of Collier County, Florxda, a~prove~ Developmen= Order 95-1 (the "Developmen= Order"} for the Pelican Marsh Community DRI on Janua~ 24, 1995; and ~IEREAS, =he Board of Coun=y Commissioners of Collier County, Florida, approved Development Order 95-5 by Resoluclon No. amending Deveiopmen= Order 95-1, on Sep=e~er 26, 199S, co change =he legal descrip=ion of the Pelican Marsh Communi=y~ and ~EREAS, WCl Co=munXcies, a limlCed partnership {herein che successor in in=eresK =o W~ desires =o amend the legal descrip=ion of the Pelican Marsh Community Co d~lece a 3.4 acre parcel of land, =o make cst=sin revisions co =he plan developmen= and Developmen= Order for the Pelican Marsh Communi=y and =o make cst=sin ,~anges co =he amount of ~evelopmen= approved herein~ and ~ER~S, WCI, through irs authorized agent, has filed applies=ion and notifies=ion of a propose~ change =o Developmen= Order 95-1, as amended, which Xs attached hereto and by reference, marked as Exhibi= 'A"~ and ~EEE~, the Board of County Commissioners as che governing body of the unincorporated area of Collier County. wi=h ]urisdic=ion pursuant co Seccxon 380.06, F10rida $cacu=es. 1 underlined are sddit~onl! words DEC 0 9 1997 authorized and empowered =o consider proposed changes =o the Pelican Marsh Community DR! Development Order 95-1, as amended; and W~£R£AS, =he Collier County Board of County Commissioners has passed Ordinance No. 97-__ on ,, 0 1997, which amended the PUD zoning for the Pelican Marsh Community approved in Ordinance No. 9S-4 on January 24, 1995; and W%iEKEAS, the issuance of a development order pursuant Chapter 380.06(19)0 Florida Statutes0 does no= cons=i=~te a waiver o! any power or rights regarding the issuance of other development permits no= consistent herewith by the County or State; and WHEREAS, on , 1997, the Board of County Commlaeionerl, a= a public hearing in accordance with Sec=ion 380.06, Florida Statutes, having considered wcI's application and No=ice of Proposed Changes to the Pelican Marsh Community Development Order 95-1, aa amended, and =he record made a= said hearing, and having ¢onsldered the record of the documentary and oral evidence presented to =he Collier County Planning Commission; the report and recommends=ions of =he Collier County Plannxng Commxasion; =he report and recommends=ions of =he Collier County Staff and Advisory Boards: =he report and recommends=ions of the Southwest Florld& Regional Planning Council, =he Board of Commx~sionera of Collier County hereby approvel =he followxng Pelican Marsh Communx=y Development Order, as amended: SECTION ONEs AKENDMENTS TO D~'VEhOPMENT O~DER A. Paragraph 4 of =he Findings of Fac= Sec=ion of Development Order 95-1, as amended (Resolution 95-71, as amended) is hereby amended to read as follows: 4. The applicant proposes =he development of =he Pelican Marsh Community consisting of ~v~ ~ acres~ ~elican Marsh includes ~ ~: ~.~ acres of ........... --- ^~- contain the .activity center" use which will followinu land uses: up to 345~000 square feet of gross floor area ...... of ~ commercial uhich -~il! zn:cm-a:; ..... ~ use: uo to 200,000 square feet of GFA~--~ 2 AGEND~IT£M Words ~ are addi~ionsj Words eee.~ek--%~%~re deletions, DEC 0 9 1997 .,. ~,^~^ .... ...... ~ ......... '--' 9f office commercial use with up to 50.00D GFA of medical office use; ::~ 400 hotel rooms; :,~ ~wcllins unit:, and an 80°000 ~ GFA Cultural Center (Attraction Facility) with ?50 seats and 400 parkin~ ~l:ipl~ ~;If c~ur=:~, :n~ 2~. The P~lican Marsh Community will contain a maximum of 5.100 residential dwellin~ units: 63 holes of ~olf and clubhouses: 330.4 acres of conservation area, (some of which is within e an FP&L easement), :~: 114.2 acres of ~hc ~&~ ~&~c~n:); and a 20 a~e school site. B. Paragraph 4, "Murricane Evacuation/Floodplains" of the Conclusions of Law Section of Development Order 95-~, as amended. (Resolution 9~-7~, as amended) is hereby amended to read as I~'UltRI CAN1: ~VACUAT I ON / FLOODPLAINS A. The applicant=..---..= ~ c=n=truc~ =n c..~=~ ~ =~ has ~rovided for the donation of the ~0 acre site o{ th~ P~lican Marsh Elementary ~chool to the Collier County School Board. The Pelicag Marsh Elementa~ School consistin~ of 148.200 s~are feet of ~ross floor area has been constructed on the site and is in operation. The C911ier Cgunty Office of Emer=encv Management has approved and acceDte,~, the Pelican Marsh E!ementa~ School as a hurricane evacuation shelter. The applicant's donation of this school site satisfies and hurricane ~helter space for the residents of the worda ~ are addf~lons~ Words I DEC 0 9 1997 follows: 4. 4 The applicant, or The Foundation of Pelican Marsh (proper:y owners association) shall annually dis:ribu:e ~o all residen=s Collier Ccun=y's "Hurricane Informa=ion" document, which provides informa=ion on the need for residen:s evacua:e, prepara:ions for an approaching and hurt:cane evacua=ion rouces, should reslden=s desire :o leave =he development. The ho:el management shall dis=ribu=e Collier County's "Hurricane Info~acion' documen: in even~ of a hurricane emergency. A= a minimum, hotel managemen~ shall recommend early evacua=icn for all rooms a= elevations below 14.8 feet NG~. Ho:el managemen= shall: (1) evacua=e all guests; (2) provide shel~er space for evacuated gues=s upper floor in=erior hallways and unoccupied 0 9 rooms not exposed =o direct wind impact: or {3) direct Tuests to shelters in the project. G ~. The applicant shall meet with the Collier County Office of Emergency Management, as appropriate, to coordinate the use of any excess shelter space (if available) by the general public. ~ ~. All deeds to property located within the Pelican Marsh Community shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and/or hurricane shelter spaces are llmi=ed. ~ ~. Ail units will be required to have finished firs= floor elevations a= or above 11.0 feet due to S~WMD and FEYA re~-uirements for water management and flood control. This elevation requirement results in =he units being above 11.0 feet, the minimum Cs=egory 3 Flood Zone according =o SLOSH, which enables :hem =c qualify for vertical evacuation under the Special Hurricane Preparedness District ~n Rule 9J-2.0256, Florida Administrative Code. ~ Q. Ail commitments made by the applicant within the ADA amd subseTuent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Nurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated into the development order as conditions for approval. SECTION TWO~ FINDINGS OF FACT A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. DEC 0 9 1997 B. The application is in accordance with Sec=ion 380.06{19}, Florida Statutes. C. The development of Pelican Marsh Community on 2,072 acres of land shall include =he land uses described in =he above Findings of Fact at paragraph 4. D. The requested amendment =o =he previously approved Development Order is consistent with =he report and review of =he SWFRPC. £. A comprehensive review of =he impact genera=ed by =he requested amendment has been conducted by =he County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant =o the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consls:ent with the report and recommendations of ~he SWFRPC and does not constitute a "substantial deviation" pursuant to Section 380.06{19), Florida Statutes. B. The proposed amendment to =he previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment =o the previously approved development is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR z EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER(S) TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 95°5, as amended shall remain in full force and effect, binding :n accordance with its terms cn all parties =hereto. This amended Development Order sba1! take precedence over all other applicable Words underlfn&d ars addl~ions; Words /,Gl'fl&lA ITL~I ~ iqlG'e deletions. DEC 0 9 1997 previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order 97- shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. £E IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board. This Resolution adopted after motion, second and majority vote. Done this __ day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Mar]o~ie M. Student Assistant County Attorney Words ~ ire sdd/CLonsl #ordl ~ AG[NDA ITEM DEC o 9 1997 EXECUTIVE SUMMARY PETITION OSP-97-3, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING SHOPPE, REPRESENTING JAMES S. UNDSAY, BANK DIRECTOR OF FIRST NATIONAL BANK OF NAPLES - GOLDEN GATE BRANCH, REQUESTING APPROVAL OF OFF-SITE PARKING AND A BANK ATM, FOR PROPERTY DESCRIBED AS LOTS 31 AND 32, BLOCK 84, GOLDEN GATE UNIT 3 (LESS THE EASTERLY 40 FEET OF LOT 31), TO SERVE THE EXISTING BUSINESS LOCATED ON LOTS I-3, BLOCK 84, GOLDEN GATE UNIT 3, WHICH BUSINESS IS LOCATED AT 4794 GOLDEN GATE PARKWAY SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LYING SOUTH AND WEST OF US 41, COLLIER COUNTY, FLORIDA. OI~ECTIVE: The petitioner requests approval of 12 off-site parking spaces to serve the existing Golden Gate branch of Fi,st National Bank of Naples, and an off-site Automated Teller Machine (ATM). CONSIDERATION~J. The First National Bank of Naples Golden Gate branch is a 3240 square foot building with ddve through windows and an ATM. Calculated at 1 parking space per 250 square feet, the bank is required by the Land Development Code to have 13 parking spaces. Twenty one parking places exist on site, therefore, the bank is not required by Code to aCd more spaces. However, the bank par~ng lot is overcrowded on Fddays, and the additional off-site parking is proposed to alleviate this ~ituation. The petitioner also seeks approval of an ATM on the subject lots. The petitioner considers the ATM an accessory to the parking lot. However, Staff considers the ATM an accessory use to the bank. The Planning Commission recommended approval of the parking lot with the ATM. FISCAL IMPACT; Approval of this petition will have no direct fiscal impact, on Collier County. DEC ' ' gg7 _ _ OI~OW'I'H MANAGEMENT IMPACT: Section 2.3.4.11 of the LDC requires that off-site parking in a residential district shall serve water-related uses, or shall meet Iocational requirements for commercial uses as identified in the Future Land Use Element of the Growth Management Plan: a. The subject parcel must be bounded on both sides by improved commercial property or commercial zoning consistent with the Future Land Use Element or commercial property granted an exemption or compatibility exception as provided for in the Zoning Re-Evaluation Ordinance and should not exceed 200 feet in width, although the width may be greater at the discretion of the Board of County Commissioners. Uses that meet the intent of the C1/T district are only required to be bounded on one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as provided in the Zoning Re-Evaluation Ordinance; b. The proposed use must not generate in excess of five percent of the average daily traffic on abutting streets; and c. The proposed use must not exceed a floor area of 25,000 square feet. The first criterion requires that the subject parcel be bounded on two sides by commercial zoning, or on one side if the use is consistent with the C1/l' district. Automobile parking is a permitted use in the Cl/T district, therefore the parcel meets that criterion. Transportation analysis has determined that the proposed use as a parking lot does not generate in excess of 5% of LOS 'C" design capacity on Tropicana Boulevard. The requirement that the floor area not exceed 25,000 square feet is not applicable because the proposed use is for a parking lot and not a commercial building. In conclusion, if the Board of County Commissioners finds that this interpretation of the Iocational criteria of the commercial under cdteda provision is appropriate for purposes of this petition, the cF'f-site parking portion of the petition would be consistent with the FLUE of the GMP. Staff believes that the ATM is an extension of the bank and not an accessory use to the parking lot, therefore, it is staff's opinion that th~ ATM is not consistent with the FLUE of the Growth Management Plan. The petition will be reviewed for consistency with the Land Development Code at the time of Site Development Plan review. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. AGE D - 2 DEC 1997 pLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition at its meeting of November 20, 1997 and by unanimous vote, recommended that the Board of Zoning Appeals approve petition OSP-97-3. PREPARED BY: FRED R~ISCHL, PLANNER II CURRENT PLANNING SECTION //. ~.~ .~' .'7 DATE REVIEWED BY: ~¥0BERT J MUL~I~RE, AICP, MANAGER CURRENT PLANNING SECTION DATE DONALD W. ARNOLD, AICP, DIRECTO~ PLANNING SERVICES DEPARTMENT ~II~CE-NT A. CAUTERO, AlCP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION extculNe m,,mmm'y~-g7-3 3 AGEND~ DEC 0 -" 1997 Pa. AGENDA ITEM 7-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SEPTEMBER 30, 1997 PETITION OSP-97-3 OWNER/AGENT: AGENT: OWNERS: William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive, Suite 220 Naples, FL 34103 First National Bank of Naples 4794 Golden Gate Parkway Naples, FL 34116 James A. McTague, Inc. 4530 Tamlami Trail North Naples, FL 33940 REQUESTED ACTION: The. petitioner requests approval of 12 off-site parking spaces to serve the existing Golden Gate branch of First National Bank of Naples, and an off-site Automated Teller Machine (ATM). AGENDA :TEM, .o. DEC, !997 GEOGRAPHIC LOCATION: The subject property is located south of and adjacent to the existing Golden Gate branch of First National Bank of Naples (4794 Golden Gate Parkway), legally described as Lot 31 less the eastedy 40 feet, and Lot 32, Block 84, Golden Gate Unit 3. LOCATION HAP SITE HAP PURPOSE/DESCRIPTION OF PROJECT: The First National Bank of Naples Golden Gate branch is a 3240 square foot building with drive through windows and an ATM. Calculated at 1 parking space per 250 square feet, the bank is required by the Land Development Code to have 13 parking spaces. Twenty one parking places exist on site, therefore, the bank is not required by Code to add more spaces. However, the bank parking lot is overcrowded on Fridays, and the additional off-site perking is proposed to alleviate this situation. SURROUNDING LAND USE & ZONING: Existing: Surrounding: North: East: South: West: Undeveloped, grassed lot; zoned RMF-12 First National Bank of Naples; zoned C-4 Four-plex; zoned RMF-12 25~ Place SW ROW, across which undevelol:~:l property; zoned RMF-12 Tropicana Boulevard ROW, ac a multi-fami1]y building; zoned F is ~Ss ~ ~s IV- ~ MF.12~o. 1.~/~-/../. '0 View lo ~4 ncxln from 251" I~ac~ $W GROWTH MANAGEMENT PLAN CONSISTENCY: Section 2.3.4.11 of the LDC requires that off-site parking in a residential district shall serve water-related uses, or shall meet Iocational requirements for commercial uses as identified in the Future Land Use Element of the Growth Management Plan: a. The subject parcel must be bounded on both sides by improved commercial property or commercial zoning consistent with the Future Land Use Element or commercial property granted an exemption or compatibility exception as provided for in the Zoning Re-Evaluation Ordinance and should not exceed 200 feet in width, although the width may be greater at the discretion of the Board of County Commissioners. Uses that meet the intent of the Cl/T district are only required to be bounded on one side by improved commercial property or consistent commercial zoning or commercial property granted an exemption or compatibility exception as pro, vided in the Zoning Re-Evaluation Ordinance; b. The proposed use must not gen,:rata in excess of five percent of the average daily ~raffic on abutting streets; and c. The proposed u.~e must not exceed a floor area of 25,000 square feel The first criterion requires that the subject parcel be bounded on two sides by commercial zoning, or on one side if the use is consistent with the Cl/T district. ,N.C,~mobile parking is a permitted use in the C1/T district, therefore the parcel meets that criterion. Transportation analysis has determined that the proposed use as a parking lot does not generate in excess of 5% of LOS 'C" design capacity en Tropicana Boulevard. The requirement that the floor area not exceed 25,000 square feet is n, because the proposed use is for a parking lot and not a commercial building DEC 1997 In conclusion, if the Board of County Commissioners finds that this Interpretation of the Iocational criteria of the commercial under criteria provision is appropriate for purposes of this petition, the off-site parking portion of the petition would be consistent with the FLUE of the GMP. Staff believes that the ATM is an extension of the bank and not an accessory use to the parking lot, therefore, it is staff's opinion that the ATM is not consistent with the FLUE of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL IMPACT: This petition has been reviewed by all of the appropriate County agencies assigned jurisdictional oversight, none of which have offered any objection to the approval of this petition, subject to the stipulations contained in the Resolution and Off-Site Parking Agreement. ANALYSIS: There are seven requirements which must be satisfied in order to be granted approval of off-site parking. These requirements are as follows: Co All of the lots are under the sam,* ownerehip. The subject lot is under contract to the First National Bank of Naples, and the agreement will not be valid until title is transferred to the bank. No off-s;te parking space Is located further than 300 feet from the building or use they are Intended to serve, measured by the shortest feasible walking dlstance, unless special circumstances exist under Section 2.3.4.11.5. No off-site parking space is located further than 300 feet from the bank. The lots are not separated by an arterial roadway as design Traffic circulation Element of the Growth NIanagement Plan. The lots are separated by a public alley. rated in the 4 PI. 7 do fo At least 6'7% of the required parking for the development is located on the lot with the principal structure unless special circumstances exist under Section 2.3.4.11.5. One hundred percent of the required parking is located on the bank lot. The off.site parking will serve an existing .structure or land use. · The proposed off-site parking ~[II serve ~he ~<isting ban~ Where off-site parking is proposed for commercial uses, all of the lots proposed for off.site parking shall meet the Iocational requirements for commercial uses as Identified in the Future land Use Element of the Growth Management Plan or are designated to serve water.dependent and/or water-related uses as described In the Urban Residential subdistrlct' of the Future Land Use Element of the Growth Management. Plan. Use of the subject lots is consistent with the provisions of the C1/T zoning district and Iocational requirements for commercial uses as identified in the Future Land Use Element of the Growth Management Plan. g. The off.site parking facility shall be designed to mitigate any negative effects of this parking facility on neighboring residentially zoned property. Mitigation shall Include,~ uniess,,,.$pecific:al½y.::determine,d., bY. the Board of Zoning Appeals not to be necessary: 1. No vehicular egress shall occur on local streets opposite of residential homes or within the building lines of unimproved single family residentially zoned property. Proposed egress will be a right-turn-only ·xit onto Tropicana Boulevard. Tropicana Boulevard is a four lane divided road which. · although not specLfically listed as a~Aljooc, cOIl,e.~o[, fugctions as one. 2. Lighting shall be shielded, pointing downward' and not over 20 feet in height so as to prevent glare upon all neighboring residential properties. Proposed lighting meet,,; these criteria. 3. A 15 foot wide landscape buffer strip shall be provided around the entire perimeter where it directly abuts residentially zoned . property~ Six'foot-high archlfi'~[r"u'i~lly''''lTtilsh~d wall, fence, hedge or berm combination and ten.foot-tall' shade trees spaced no more than 20 feet apart on center shall be required. The Board of Zoning Appeals may reduce the six.foot-hlgh screening requirement to four.foot-hlgh within front yard setback areas. The proposed landscape plan exceeds these criteria. '* 11 5 Ezls~ng F~! N~Ik:me! B~nk of Nal::~, ~ C.~le branc:~ REVIEW CRITERIA: aa. The proposed off-site parking facility, including the Ingress and egress, is safe and convenient for motorists and pedestrians: Access to the site shall be from the existing parking lot and from Tropicana Boulevard. An exit-only driveway shall al,ao be constructed on Tropicana Boulevard. A five foot sidewalk is required to be constructed around the off- site parking. Staff proposes that the sidewalk be constructed around the entire bank site. bb. The proposed off-site parking facility does not adversely Impact the character and quality of the neighborhood nor will hinder the proper future development of surrounding properties: The site shall, be buffered from the adjacent residential property by a Type 'B' buffer, in addition, the petitioner has proposed that 50% more trees than required by Code be planted. Parking lots are the usual parking facility for RMF-12 residential areas, therefore the proposed off-site parking is not out of character with the neighborhood. The ATM, hc,~vever, is not normally found in ,msl~leqtial districts. ! AGENDA ITEM I "°. 6 l LIEC · 1997 ·PI. --~ cc. Approval of the petition will not create parking problems for any neighboring property: The lot is curr, ently vacant and, at this time, should not be used for any parking. dd. Other, more viable parklng solutions are not available to the petitioner: The bank is located on the corner of Golden Gate Parkway and Tropicana Boulevard, therefore two sides are adjacent to major roadways and unavailable for expansion. The adjacent property to the east has an existing commercial building. The subject site is the only available option for parking expansion at thi.~ location. The alternative would be relocation of the bank to another site. STAFF RECO~,MENDATION: Staff recommends that the CCPC forward Petition OSP-97-3 to the Board of Zoning Appeals with a recommendation for approval of the parking lot only, without the ATM, subject to the stipulations in the Resolution and Off-Site Parking Agreement. 7 AG£ND~ ITEM NO. ~ DEC' PREPARED BY: CURRENT PLANNING DATE REVIEWED BY: ROI~'ERT J. MULHEREi AICP, MANAGER CURRENT"~'~~ ~L~-~I PLANNING ~ DONALD W. ARNOLD, AICP, DIRECTOR PLANNING SERVICES DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition OSP-97-3 Staff Report for the November 20, 1997 CCPC meeting. This petition has been tentatively scheduled for the December 9, 1997 BCC meeting. COLLIER COUNTY P~,~COMMI~SION: MICHAEL A. DAVIS, CHAIRMAN OSP-g?-3STAFF REPORT COLLIER COUNTY - MAJOR SITE DEVELOPMENT PLAN APPIJX~CA~I~N~-~. SDP f: S DP 9 ~ '! 8 ~ ~-~ Date received: Coordinating Planner: ~~ ~£~~ _ Agent Owner:/J-y' /%/w~,'o,,~l ~'~,~ k o~ .~J___--- · z--~__ . Project Name:~~,¥,,=/ W=~A o~%w/~'~z~,no ~_~*~i~. If this project is located in a PUD or it has a Conditional e or a Variance approved, please indicate the PUD name and/or CU or Variance Application ~: ~/~ Date approved: Location : SECTION: ~ TO, SHIP: ~3 ~IT: '~ BLOCK: ~ Y LOT: ~4, ~.:~.[~MO' Subdivision Name: ~O/~n ~/e Property I.D. General location and Cross Streets:.~O~F,,~ O~ Zoning: ~~-/~ Type of development proposed:~r/f,~ Total area of the project:~, f of Units: ~ Density: nDJAC_NT ZONING AJD ~3:D USE: I hereby submi~ and certify the application to be complete and accurate. SIGNATURE OF AGENT S'-Zo- ?? DATE DEC, ':997 ~,~. /.2.- rzz CALCULATi0F~ Residential: $425.00 plus $9.00'per unit plus $21.00 per residential building structure: Non-Residential: $425.00 plus $.01 Per Gross Square Foot plus $21.00 per structure: .. '?3-. ,¢/~ ~,, /~,%~ ~' ~ ~ ~ i Additional information or corrections that will be required for formal submittal: PLA/~iNG REVIEW CHECKLIST/SDP/1453/md AG-rNDA =T£.M. DEC f: ' Directors of FNB of Naples C. C. Coghill Edward J. Mace Richard C. Myers Anita M. Pittman David H. Schaeffar Larry A. Wynn Richard L. Jaeger Donald W. Major Arlene M. Nichols James R. Rehak, DDS Gary L. Tice William Campbell James S. Lindsay Peter Mortenaan Joseph R. Pelletler Gerrett S, Richter Michael E. Wetkina Officers of FNB of Naples Gary L. Tice C. C. Ccghill Terry Walston C. William Root, Jr. Brian Hafenbrack Penny Calloway Dan Hartwein Lisa Prokop Linde Schenell Barbara Wartberg Pete Martinez Scott Schombarg Ken Warner Michelle Belch Chairman Exec. VP Senior VP Senior VP Senior VP Vice Pres. Vice Pres. Vice Pres. Vice Pres. Vice Pres, Garret"t S. Richter Donald Agnew Diana Halter Ronald Rucker William Caldwall Sondra Combs Nancye Hire Charles Sammons Darrell Ward Gabriel Irizarry Assistant VP Aliette Pettay Vice Pres. Mark Smith Acct. Officer Ann Wright Marketing Officer President & CEO Senior VP Senior VP Senior VP Vice President Vice President Vice President Vice President Vice Preaidant ,~\ssistant Vice Presidont Assistant Vice Preaident Assistant Vice Prealdent Merchant Services Officer AG~ N D~, iTEM Page 2 - Officers Karen Brazelton John Campbell Nancy Ortega Susan Grinvalsky Jeff Kukuda Paul Menley Robert Elizabeth Saucier Loan Op-~rations Officer Mortgage Loan Officer Assistant Vice Pres. Assistant Vice Pres. Collections Officer Bus. Development Officer Bus. Development Officer Mortgage Loan Officer Karen Brooks Mary Cone Kris Greenberg Mortgage Officer Credit Officer Ops. Officer Richard Koenigsknecht OP$. Officer Kathy Lyon Suzanne Orschell Frank Rodridguez Cuat. Service Officer Admins. Officer CL Officer RESTRICTED COVENANT AND OFF-SiT£ PARKING AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991, by and between First National Bank of Naples (the 'Petitioner") and the Collier County Board of County Commissioners, (the 'Board'). James A. Mctague, 1nc., the owner of the shared parking area (the 'Owner") RECITALS WHEREAS, Petitioner is the owner of the property on which the First National Bank of Naples - Golden Gate Branch is located (hereinafter the "Subjec= Property"), more particularly described as Lots 1, 2 and 3, Block 84 Golden Gate Unit 3, in Sec:ion 28, Tcwnshlp 49 South, Range 26 East, Collier County, Florida; and WHEREAS, the Petitioner wishes to operate an aut:mated teller mac~lne (ATM) and cfr-sire parking facilities on lands of the Cwner more partlcular!y descr:be~ as Lot 31, less the easterly (0 feet and Lot 32, Block 84, Golden Gate Unlt 3, OR Book 1028 Page 1836, in an P~F-12 2:n:ng 21strlct; and WHEREAS, the proposed ATM and off-site parking area does nc: a3'zersely lmpac: the character and quality of the nelghborhocd ncr hinter the proper future development of surrounding properties; and WHEREAS, the propoae~ off-zite parking is in conformance w~th all of the criteria set forth in Section 2.3.4.11.6 of the Land Development Code; and WHEREAS, Che proposed off-site parking will provide twelve (12) parking spaces which will provide n~cessary parking for the Subject Property; an~ WHEREAS, the Board, sitting as the Board of Zoning Appeals, has passed Resolution No. 97- , attached hereto as Exhibit ~A~, relating to Petition OSP-97-3, approving the proposed off-site parking. NOW, THEREFORE, in consideration thereof, the Petitioner and Owner agrees: AGENDA JTEM No. ~ BEC :' 997 -~- P~../~' 1. The a~ove recitals are ~rue and correct and incorporate~ hereln by reference. 2. That the proposed off-site parking areas shall never be encroached upon, used, sold, leased, or conveyed for any purpose except for use in conjunction with the Subject Property and use so long as the off-site park:ng facilities are required and that this Agreement constitutes a restrictive covenant. 3. Petitioner is to bear the expense of recording this Agreement in the Official Records of Collier County which shall bind the owner and his heirs, successors and assigns. 4. Petitioner shall abide by all of the conditions and stlpulaticns descrlbed in the Reso!utlon noted as Exhibit "A" and by the slte plan note~ as £xhiblt "B" attached hereto and incorporated by reference hereln. 5. Ail of the requlremen=s for a Board of Zoning Appeals de=erminat~n for cff-sl=e parking referenced in Petition O$P-97-3 have been met and approved by staff. 6. This Agreemen~ shall remaln in full force and effect unless and until terminated ~y the Board. 7. T~.is Agreement shall be voided by the Board if other off-s/re ,a~..~tles are Drcvided in accordance with the requirements of parking ' ''~ ' Division 2.3 of the Collier County Land Development Code. 8. That upon failure %o conform to any of the provisions of this Agreement or the attached l-.~solution, this Restrictive Covenant and Off-Site Parking Agreement shall becume void and of no effect and the Petitioner shall be required to conform to all zoning regula:ions as contained in the Collier County Land Development Code. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above written. BOARD OF County COMMISSIONERS COLLIER COUNTY, AGENDA ITEM .o. TIMOTHY L. HANCOC ~, Chairman -2- ATTEST: DWIGHT E. BROCK, Clerk ~£~esses: FIRST NATIONAL BANK OF NAPLES $igna~ure By: Name Wi=hesse,: OWNER: P:in:e= Name James A. McTague, inc. Appr=ved as =o Form and Leg&l c ~, · .. ~ac]or~e M. S:uOen: Assi$=an= County A%=orney -3- I, "" RESOLUTICN 97- . RELATING TO PETITION NUMBER OSP-9~-3 FOR OFF-SITE PARKING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 225, Florida Statu%es, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Dewelcpment Code (Ordinance No. 91-102) which establishes regulations for =he zoning of par:Icular geographic divisions of the County, among which is =he allowance cf off-site parklng, and WHEREAS, :he Board of Zcn;ng Appeals, being the duly elected cons%i:uted boar= for Collier Ccunty which includes the area hereby affected, has held a public hearlng after notice and has considered the a=vLsa~iii:y cf an automated re!let machine (ATM) and off-site ~arkin~ as shown cn :he at=ached plo% plan, Exhibit "A", In an RMF-%2 zone for the proper=y herelnaf:er described, and has found as a matter cf fact that satisfactory ~r:v~$icn and arrangement have been made concerning all appl~caD!e mat%ers required by said regulations and in accordance w;th SuDsez:Icn 2.2.5.3, Section 2.7.5 and Division 3.3 of the Co!lief County Land Develcpmen~ Code, for the un:nc:rpora=ed area of Collier Coun=y, and WHEREAS, all interested par:les have been given cpportunxty ~o ~e heard ~Y this Board in a public meeting and the Board having ¢cnsldere~ all matters presente~, NOW THEREFORE BE iT RE,sOLVED BY THE BOARD OF ZONING APPE~J,S of C:i!ier County, Florida, that the petition filed by William L. Hoover, AICP of Hoover Planning Shoppe, representing First National Bank of Naples - Golden Gate with resp,.ct to the property hereinafter described as: Lot 31, &ess the easterly 40 feet, and Lot 32, Block 84, Golden Gate, Unit 3. be and the same hereby is approved for an ATM and off-site parking as shown on the attached plot plan, Exhibit "A", of the RMF-12 zoning dis%flor wherein said property is located, subject to the followino condltlcns: AG£NDAITEM. :prove1, an' Prior to Final Site Development Plan off-site parking agreement shall be approve of County Commissioners, and the applicant cost of recording the restric=ive covenant -1- ~nd off-$i=e , /P parking agreement in %he public records, and shall provide the Plann%ng Services Department with a copy of the recorded document when submit:lng %he final SDP approval. 2. The undeveloped portion of this property contains numerous cabbage palms. Prior to final site development plan approval, petitioner shall provide a site clearing plan including: a. Limits of clearing. b. Note on plan indicating me%hods of barricading %o be used %0 pro%er% vegetation :o remain. c. Note on plan stating :ha: barricades will remain in place un:il completion of cons:rut:ion- 3. peri%loner shall retain ten percent of the existing native vegetation on sire {by area) or mitigate according :o Section 3.9.5.5.4 of the Land Development Code. For :his property, petitioner may u~ilize a %rea count of cabbage palms with above ground trunks %0 calculate this requirement- Include :he above men:loned calculations on the site plan. 4. Prior to final site development plan approval, a note shall be placed on the sire plan stating %ha% all exotic vegeta::on, as defined ~Y County code, shall be removed from the si:e, and that the property owner shall be responsible for subseguen: annual exotic removal. 5. pail%loner shall submi: :he appropriate site clearing fee, 6. Prior %o ~inal Site ~evelcpment Plan approval, %he pa%it:Char shall submi% a landscape and irrlga%ion plan which mee:s the requlrements of Section 2.4 of :he Land Development Code and increases the number of required trees by fifty percent. ~. Prior to Final Site Development Plan approval, the site plan shall indicate a sidewalk, a minimum of 5 fee% in vid:h, along $%reet frontages of the existing bank and %he off-s1:e parking lot. 8. This Resolution is for parking and an au:cmated teller machine only. All o:her commercial activit[es shall occur on the portion cf the property zoned General Commercial [C-4). BE IT R£SCLV£D %ha~ this Resolution rela%ing to Petition Num.~er O$P- 97-3 be recJrded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. day of , 1997. Done this .... BOARD OF ZONING APPEALS ATTEST: DWIGHT E. BROCK, Clerk COLL[£R COUNTY, ~LORIDA BY: ~IMOTMY L. H3~NCOCK, Chaxrman Approved as to Form and Legal Sufficiency: Asa[scan: County Attorney tlOIt-i · ~ ~ .... ...- . .. .. . · ~'..;~,'.~ . '., ..~.,...: E X_ECUTIVE SUMMARY PETITION CU-97-17, BEAU KEENE, PE, REPRESENTING JERRY R. HOOKS AND 'CATHERINE J. BOYETTE, REQUESTING CONDITIONAL USE "23" OF THE "A" ZONING DISTRICT FOR A SPORTING AND RECREATIONAL CAMP INCLUDING AIRBOAT TOURS, FOR PROPERTY DESCRIBED AS THAT PART OF SECTION 36, TOWNSHIP 51 SOUTH, RANGE 27 EAST, LYING SOUTH AND WEST OF US 41, COLLIER COUNTY, FLORIDA CONSISTING OF '194+1- ACRES. The petitioner requests approval of a conditional use for sporting and recreational camps, specifically for airboat tour operations. CONSIDERATIONS; The petitioner requests a conditional use for airboat tour operations on a parcel of land approximately 194 acres in size. This petition results from a Code Enforcement action. A complaint was received by the Code Enforcement Dep~rtment regarding unpermltted alrboat tour operations, and a meeting was held on August 5, 1996 with the petitioner and representatives of Planning Services, as well as Code Enforcement. Initially, based on representations from the applicant that no physical improvements were to be, made to the property, and patrons would only be t~'ansported to the site from other locations, it was determined by staff that conditional use approval was not warranted. Upon further review, staff opined that a Conditional U~e permit was in fact req=!-ed, regardless of whether site improvements were made, since the recreational use was occurring on the property. Therefore, a Notice of Violation was served, with the stipulation that an application for a Conditional Use be submitted by June 27, 1997. The County Attorney opined that, during the processing of the Conditional Use petition, the petitioner be allowed to continue operations. A summary of the major Pro/Cons from the Conditional Use Finding Report is as follows: AG£N a,~ 17JCM, DEC (; 1997 PRQ, This petition is consistent with the Future Land Use Element of the GMP. The conditions proposed by the Environmental Advisory Board and the Planning Commission ameliorate possible disturbances to wildlife. The proposed airboat tour operation has access from US 41. The site generated traffic will not lower the level of service below adopted LOS 'D" within the project's radius of development influence. Airboat tours are a form of oco-tcurism. The airboat tour operation is adjacent to the Picayune Strand State Forest, the Ten Thousand Islands National Wildlife Refuge, and Collier-Seminole State Park. Airboat noise may disturb wildlife in the area. Intensification of agricultural property is often perceived negatively by surrounding property owRers. The site will generate approximately 150 to 250 trips per day. FI,$QAL IMPACT: Approval of this petition will have no direct fiscal impact on Collier County. ~tQW'TH MANAGEMENT IMPA(;;;T: The subject site is located within the Area of Cdtical State Concern as designated on the Future Land Use Map of the Growth Management Plan. The existing zoning is Rural Agflcultural with an Area of Critical State Concern and Special Treatment Overlay (A- ACSClST). Therefcre it is staff's opinion that the proposed conditional use Is consistent with the Growth Management Plan. Tha petition will be reviewed for consistency with the Land Developmsnt Code at the time of Site Development Plan review. HI~TORIClARCHA_EOLOGICAL IMPACT; Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. 2 DEC '3 1997 EAB RECOMMENDAT[qN: The Collier COunty Environmental Advisory Board, at it's November 5, 1997 meeting, heard petition CU-97-17 and by a unanimous vote recommended approval, su'o~,~ to the stipulations in the Resolution. PLANNING COMMISSION RECOMMENDATIQN, The Collier County Plann~3g Commission heard this petition at its meeting of November 20, 1997 and by a vote of 5 to 2, recommended that that the Board of Zoning Appeals approve petition CU-97-17. PREPARED BY: i:'RED' _R. EISCHL, PLANNER II CURRENT PLANNING SECTION !/~EWED BY: EP?r"~J. MU~ILIERE, AICP. MANAGER CURRENT PLANNING SECTION DATE DATE t - DONALD W. ARNOLD, AICP, DIRECTO (~~ING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DA COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CU-97-17 AG£_NOA IT£~4~ .o. ~..V..~. (~) DEC (; .'- ;997 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER CCUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 1, 1997 RE: PETITION CU-97-17 (WIND DANCER AIRBOAT TOURS) G®G®®®®GGG®GGG®GG®GGG®®GGG®®G®GGGGGGGGGGG®GGGGGG OWNER/AGENT: AGENT: Beau E. Keene, PE Keene Engineedng 240 Aviation Drive No~h Naples, FL 34104 OWNER: Jerry R. Hooks & Catherine J. Boyette d/b/a Wind Dancer Airboats 6574 Trail Boulevard Naples, FL 34i 08 REQUESTED ACTION: The applicant requ~.sts approval of a c. onditianal use for sporting and recreational camps, specifically for airboat tour operations. GEOGRAPHIC LOCATION: The subject property consists of all lands lying south and west of US 41 in Township 51 South, Range 27 East, containing 194+ acres. DEC ,:: :997 pa._z// LOCATION HAP SITE HAP PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a conditional use for airboat tour operations on a parcel of land approximately 194 acres. This petition results from a Code Enforcement action. A complaint was received by the Code Enforcement Department regarding unpermitted airboat tour operations, and a meeting was held on August 5, 1996 with the petitioner and representatives of Planning Services, as well as Code Enforcement. Initially, based on representations from the applicant that no physical improvements were to ,.~e made to the property, and patrons would cnly be transported to the site from other locations, it ,vas determined by staff that conditional use approval was not warranted. Upon further review, staff opined that a Conditional Use permit was in fact required, regardless of whether site improvements were made, since the recreational use was occurring on the property. Therefore, & Notice of Violation was ~erved, with the stipulation that an application for a Conditional Use be submitted by June 27, 1997. The County Attorney opined that, during the processing of the Conditional Use petition, the petitioner be allowed to continue operations. AGEND. A |T£M. p~. .~ SURROUNDING LAND USE AND ZONING: Existing: Vacant parcel with some fill and canals; zoned A-ACSC/ST Surrounding: North East South West US-41 ROW, across which is undeveloped land within the boundaries of the Picayune Strand State Forest; zoned A-ACSC/ST US--41 ROW, across which is undeveloped land within the boundaries of the Picayune Strand State Forest; zoned A-ACSClST Undeveloped land within the boundaries of the Ten Thousand Islands National Wildlife Refuge; zoned A-ACST/ST Undeveloped land within the boundaries of Collier-Seminole State Park; zoned CON- ST Hi~TORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Waiver of Historic and Archaeological Survey & Assessment is not required. T~NSPORTATI..ON, INFRASTRUCTURE AND ENVIRONMENTAL. IMPACT; The ITE Trip Generation Manual indicates that the proposed airboat facility will generate approximately 150 to 250 trips on a weekday. Based on this datum, the site generated traffic will not exceed the significance test standard (5% of the LOS 'C" design volume) on US-41. Furthermore, this petition will not lower the level of service below any adopted LOS 'D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with P.-:,.licies 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists US-41 as a two lane arterial road east of CR-92. The current traffic count for this segment is 4,967 AADT and is operating at LOS 'B". It should be noted that this segment is not proiected to be deficient within the next five years. As a result, there are no road improvements required within the next five years. Therefore this petition complies with Polir:ies 1.3 and 1.4 of. the TCE. The Traffic Accident Report for 1996 shows the intersection of US-41 and the project entrance as having a Iow traffic accident rate of under I 0 per year. The petition has been reviewed by Current Planning environmental star Environmental Advisory Board. STAFF ANALY~I~; a. Consistency with this Code and the Growth Management Plan, STAFF FINDINGS: The subject site is located within the Area of Critical State Concern as designated on the Future Land Use Map of the Growth Management Plan. The existing zoning is Rural Agricultural with an Area of Cdtical State Concern and Special Treatment Overlay (A-ACSC/ST). Therefore it is staff's opinion that the proposed conditional use is consistent with the Growth Management Plan. The petition will be reviewed for consistency with the Land Development Code at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access In case of fire and catastrophe. PRO: -- .-....-...... .:._ .. - - . Proposed access ,o the site would ::::'-;--~i~~'~ be from an existing driveway off US-41 in an area that is generally undeveloped. There is little, if any pedestrian traffic. . oo.: ........... ............. operation will increase traffic in the , ~.~.~ ~. agricultural, tourist-related and through traffic. ,._ STAFF FINDINGS: tour operation will not adversely affect vehicular traffic. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. ExISTiNG BORROW PIT PRO: Tl~e use, although more intense than many permitted uses in the Rural Agricultural district, shall be required to meet the co~3ditions in the Resolution which will mitigate their intensity. AG£ND~. No. 4 CON: An airboat tour operation is, by nature, noisy and creates a disturbance for area wildlife. The subject property is surrounded by state and federal parks. The wildlife within these parks do not respect man-made property lines, therefore this airboat tour operation will have effects beyond its boundaries. STAFF FINDINGS: Staff solicited input from the managers of Picayune Strand State Forest, Collier- Seminole State Park, and the Ten Thousand Islands National Wildlife Refuge with regard to potential impacts to their parks by an adjacent airboat tour operation. At this writing, those comments were not available. It is stall's opinion that the use as an airboat tour operation is a traditional South Florida business, and although it will generate noise and have an effect on area wildlife, the conditions in the Resolution are intended to mitigate the intensity of the use. d. Compatibility with adjacent proper[les and other property in the district. PRO: The airboat tour operation is a form of eco-tourism and will be a tourist destination, as are the surrounding parks. CON: An airboat tour operation will be very noisy compared to the surrounding park uses. Disturbances to area wildlife are probable. STAFF FINDINGS: It is staff's opinion that, with the conditions in the Resolution, the airboat tour operation will be compatible with the surrounding parks. ~AB RECOMMI~ND,~TION: The Collier County Environmental Advlsory Board, at it's November 5, 1997 meeting, heard petition CU-97-17 and recommended approval, subject to the stipulations in the Resolution. AG£~I DAIT£t,4. DEC :' i997 P~. STAFF RECOMMENDATION; Staff recommends that the Collier County Planning Commission forward Petition CU-97- 17 to the Board of County Commissioners with a recommendation of approval subject to the conditions in the Resolution. PREPARED BY: F~ISCHL, PLAN~-ER II CUR'RENT PLANNING REVIEWED BY: DATE ~(~ER~J'~MULHERE, AICP, MANAGER CURRENT PLANNING DATE DATE PI.ANN G SERVICES fVINCE'ht a. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PETITION CU-97-17 Staff Report for the November 20, 1997 CCPC meeting. This petition has been tentatively scheduled for the December 9, 1997 BCC meeting. MICHAEL A. DAVIS, CHAIRMAN CU-97.17 Staff Report DEC t; ? I997 COLLIER COUNTY _~.. ~.ff~ APPLICATION FOR CONDITIONAL USE RE{L~F~ PETITION NO ~ Ir... ~ - . Applicant Name (Agent): Beau Keene. P.E. ofKeene En~neering ' ' ", Address: ~ 'v Phone: ~Fax: 403-0576 Property Owner (Petitioner) Name and Address: lerrv P.. Hoo~ and Catherine J'. Boyle Wi ' ' 7 ' v $66-9115 (Petioners are also the 0rop¢~v' owners.) Deta~led Legal Deacription of Subject Property: Section ~ Townah~p ~ Range ~ All of Section 36. Townsh~o 5! South. Ramze 27 East. lvin~z south and west ofU. S, 4] (Tamiarrfi Tra~l East) in_Collier CounL?'. Florija. - - - Property Identification #: ~ Size of Property: 2800' X 3500' x 4500' (tfian~lar-shaped) = 194_+ Acre~ General Location of Subject Property: The southw¢.,n side of U.S. 41 aovroximatelv I miles east of the intersection between C.R. 92 and U.S, 41. -- Zoning of Subject Property: Am"ieultural Existing Land Use: Type of Conditional Use Requested: ?23. Cultural. edueatignal, or recreational faeilitie~ and their relatoff modes of' transportin~z partJeipants.~ewer$ or natrons where aonlicable~ subject to all a0plicable federal, state andd[.~t~ll.l~ - -- Adjacent Zoning nnd Land Use: ZONING N . WILQ A: - C/sT S - ~-ACSC/ST E- A-ACSC/ST W - A-ACSC/ST LAND. USE U.S. 41 and vacan! Collier Seminole State AG£ND~ II£M. No. ~ DEC (3 ~' 1997 NOTE: o o Staff recommendation to the Planning Commission and the Planning commission recommendation to the Board pt' Zoning Appeals shall be based upon the foil°wing criteria. Please respond to the t'otlowin8 criteria: Is this request consistent with the Land Development Code and Growth Management Plan? The Growlh Management Plan designates the sub_Sect _m'o_oerty_ M Asp'i_ 'cultural/Rural with an overlay as an Area of Environmental Concern. which p~-mits the re~uesled recreational a~ivit,,jes The L-snd De~elopmem Code also permits ~ucational and recreational boatimz activities, via Conditional Use l~itions. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of' fire or catastrophe. These issues should not be a concern for the proposed The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. The proposed uses should not have · negative effect regarding noise, glare, economic and odor due to lhe _ _wpes of'uses and the pro~9~ed site plan. Compatibility v)ith adjacent properties and other properties in the district. The proposed usc will ~i~aily be compatible with neighboring and adjacent properties. Signature of Petitioner or Agent Date AGENDA NO. ~ DEC ' '.,997 NOTARIZED LETTER OF AUTHORIZATION RE: Wind Dancer Air Boats, Located in all of Section 36, Township 51 South, Range 27 East, lying south and west of U.S. 41 in Collier County, Florida To VVhom It May Concern: Please be advised that Beau Keene, P.E. of Keene Engineering, 240 Aviation Drive North, Naples, FL 34104 ;~".~ '.*/~'.~:.~. L. H::';:.-, .".'.CP -'" ........ "-- ~'"--"~ ,,,,,,., -,__.,_ ,-,--~-- ,,,-,,, ,,--,-- ~,--:-,-. '?.~.0~_ have been officially engaged by the under-signed owners of the subject property to act as authorized agents and to request necessary applications during the Conditional Use petition and related developmental/ permitting processes for the subject project. Sincerely, - ignatu Signature ,/ Catherine J. Boyetl, e/Owner STATE OF FLORIDA , COUNTY OF The foregoing instrument was ackn...o'~v_ ledged before Re this --5~aY of 1996 b j~ Y//,"~,~' C,f.7',,~,4'//,,'~ ~P~u£/'Ta,,t'ro is/are ,o~rs~n~lly known to._me or has/have produced as idsnti~cation and ,~b.9..~id not) take 3n oath. N 6'~n~Y'P Ubl J-c' "~ta~e °f Fl°rid a My Commission Expires: //' ~' '/~, AGENDA ITEM. OEO .J ~: '~997 I 2 3 4 6 7 9 10 II 13 14 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SPORTING AND 9ECREATIONAL CAMP INCLUDING AIRBOAT TOURS, CONDITIONAL USE '23" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, }-LORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 15 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has 16 conferred on Collier County the power to establish, coordinate and 17 enforce zoning and such business regulations as are necessary for the 18 protection of the public; and 19 WHEREAS, the County pursuant thereto has adopted a Land 20 Development Code (Ordinance No. 91-i02) which includes a 21 Comprehensive Zoning Ordinance establishing regulations for the zoning 22 of particular geographic divisions of the County, among which is the 23 granting of Conditional Uses; and 24 WHEREAS, the Collier County Planning Commission, being the duly 25 appointed and constitute~ planning board for the area hereby affected, 26 has held a public hearing after notice as in said regulations made and 27 provided, and has considered the advisability cf Conditional Use 25 of Section 2.2.2.3 in an "A" Rural Agricultural zoning district for a 29 sporting and recreational camp including airboat tours, on the 30 property hereinafter described, and has found as a matter of fact 31 (Exhibit "A") that satisfactory provi~ion and arrangement have been 32 made concerning all applicable matters required by said regulations 33 and ir, accordance with Subsection 2.7.4.4 of the Land Development Code 34 for the Collier County Planning Commission; and 35 WHEREAS, all interested parties have been given opportuni:y to be 36 heard by this Board in a public meeting asse~bled and the Board having 37 considered all matters presented. 38 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPF. ALS of 39 Colliex County, Florida that: 40 The petition filed by Beau Keene, P.E., representing Jerry R. 41 Hooks and Catherine J. Boyette with re:~pect to the pr6pert~&G£.~D,A I.T£M,~ 42 hereinafter described as: 43 DEC :3: 997 Exhibit "B" which is attached hereto and incorporated by reference herein I be and the same is hereby approved for Conditional Use '23~ of Section 2.2.2.3 of the "A" Rural Agricultural zoning district for a sporting and recreational camp including airboat tours in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following 7 conditions: 9 a. I0 11 13 1¢ 16 18 b. 19 20 21 22 23 24 c. 25 26 27 28 d. 29 30 31 34 e. 35 36 37 39 40 41 f. 46 g. 47 51 h. 55 i. 6& 6~ 6] 6~ The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application. Permits or letters of exemption from the U.S. Army Corps of Engineers, Florida Department of Environmental Protect(ch and the South Florida Water Management District shall be presented prior to final site development plan approval. The building permit is subject to a forty-five (45) day appeal period by the Florida Department of Co~=nunity Affairs. Prior to the issuance of a Certificate of Occupancy, all exotic vegetation, as defined by County Code, shall be removed from the area depicted on the Conceptual Master Plan (Exhibit "C"). This area shall be malntained free cf exotic vegetation. At the time of private airboat tour operation commencement, the petitioner shall install and maintain no trespassing $ignage along the entire property line every 300! yards. The entire property shall be utilized specifically for commercial conservation/ecological tours and exhibits. The Petitioner shall utilize existing airboat trails in a round trip method according to the proposed existing trails identlfied on the aerial photograph submitted on September 12, 1997. The Petitioner shall assist and work with the applicable state and federal agencies (i.e., U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, etc.) to prepare base-line environmental studies. The airboats shall only be equipped with non-aircraft engines including spark arrestors and properly muffled to reduce noise. Airboats shall be limited to a maximum length of sixteen (16) feet and no more than six ¢6) people aboard, excluding the pilot. No more than four (4) airboats shall be permitted to operate at this site, at any one time. -- AG£NDA/T£M. DEO ,. '.' 1997 -~- p~. I 6 '7 9 I0 11 32 The alliga:or farm shall be utilized for exhibit purposes only. No commercial farming of alligators or crocodiles shall be permitted. Only native Florida species of crocodllians shall be permitted on =he subject property. Airboats shall only be permitted to operate during daylight hours, one hour after sunrise =o one hour before sunset. BE IT ~JRTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 14 This Resolution adopted after motion, second and majority vote. Done this day of , 1997. 16 17 18 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 19 20 ~2 ATT£$T: ~3 DN~HT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman 24 26 Approved as to Form and 27 Legal Sufficiency: 28 19 Mar]orle M. $%uden% 30 Assistant Coun%y Attorney 32 33 -3- DEC ' !997 LEGAL DESCRIPTION: SECTION 36 TOWNSHIP 51 SOUTH, RANGE 27 EAST ALLLANDS LYING SOUTH & WEST OF US-4.1 CONTAINING 194'+ ACRES COLLIER COUNTY, FLORIDA ..... Exhibit '.997 E~C~S'~NG 144qS~.~,)J~OS - NO S~OC D.UdN tUPROV~UCf'/TS PR~OUSLY p£R~I*I'TrD US (200' SCC~Y G~1/ 20' LA~O SC,~[ No. I~ DEC '.':" ENVIROnmENTAL ADVISORY BOARD STAFF REPORT MEETING OF NOVEMBER 5. 1997 Item V.D. L lYe NAME OF PETITIONER/PRO/ECT: Petition No.: Petition Name: Applic~nrfDeveioper: Engineering Consultant: Environmentzl Consultant: Conditional Use Petition No. CU-97-17 / Special Treatment Permit No. ST-97-1 Vfmd Dancer Airboat Tours and Alligator Farm ~erry k Hook~ and Catherine $. Boyet~e Keene Engineering Collier Environmental Con.valtants The subject property is a tri~gular shaped parcel ofland located on the south side of U.S. 41, immediately em of Collier Se,'r. inole State Park in Section 36, Township 51 South, Range 27 East, CoLlier County, Florida. ]~..~_~.QN OF SURrOUNDInG PROPERTIE~,: Surrounding properties are undeveloped with the following zoning ¢l~sificatiora: DESCRIPTION A-ACSC/ST ('Picoyune Strand State Fore~) Undeveloped R.O.W. U.S. 41 CON-ACSC/ST (Ten Thou.~nd Islands National Wildlife Refuge) Undeveloped W - CON-ST (Collier Seminole State Park) PRO.IECT DESCRIlrFiON: Developed park site The petitioner is requ.e~ng a conditional use for a/rboat tour,~c.,-~9%~. _p~.l o.f land. ap. pro .x~t.t.ely 1.94 acres in size. Proposed site p g, voat aoczs, aammartrat~on building and alligator exh%it. [ DEC .': 997 1' ,,,. /t' EAB Meeting November 5, 1997 CU-97-17/ST-97-1 (Wind Dancer Airboat Tours and Alligator Farm) Page 2 Plan or_Re¢o : Water Management: W'md Dancer Airboat Tours and A1/igator Farm Conditional Use Ma~er Plan, pr~ared by Beau Keene, P.E,, Con.ml~ng Engineer, da~ed J'une 26, 1997, received by Collier County Planning Services on October 22, 1997. Environmental: W'md Dancer Ai. rboat Tours and Alligator Farm Conditional Use Master Plan, prepared by Beau Keene, P.E., Consulting Engineer, da~ed Sune 26, 1997, received by Collier County Planning Services on October 22, 1997. Wind Dancer Airboat Tours Threatened and Endangered Species Survey, prepared by Collier Env;.ronmema~ Cons'~Itants, received by Coll~er County Planning Services on September 12, 1997. STAFF COMM~_ NT~: Water .~lanagement: Water quality will be achieved by on-site retention of rainf~ as per the criteria set forth in Collier County Ordinance 90-10. Water quantity impacts are not a consideration. EnvironmenCtl: The applicant is requesting a condition~l use for aLrbo~t tour operations on a parcel of land approximately 194 acres in ,,ize. This petition results from a Code Enforceme.,Tt action. A complaLnt was received by the Code Enforcement Depa~ment resani~g tmpennined tirboa: tom' operations, and a meeting wa.,~ held on Au~tlst 5, 1996 with the petitioner and represemztives of Planning Services, as well a~ Code Enforcement. Initially, based ,- ,--..,, u paa-on~ wotua omy oe trmsponed to the site fi'om other io~tiorts, it ws~ determined by sta~ ~ coz~Litional use approval ~ not wana~ted. Upon further review, sta~'opined ~ a Conditional Use pen~ w~s in fat required, reg~u'diess of' whether si~e improveme:~ were m~ie, ~s~.~ EEO :: ' !9-37 EAB Meeting November 5, 1997 CU-97-17/ST-97-1 (Wind Dancer Airboat Tours and Atligator Farm) Page 3 recreational use wu oeoarrin8 on the property. Therefore, a Notice of Violation was served, with the stipulation that an application for a Conditional Use be submiued by June 27, 1997. The Coumy Attorney opined that, during the processing of the Conditional Use petition, the petitioner be allowed to confirme The subject property is primarily a salt ,.water marsh with scatt~ tree islands of rnangrove and cabbage palm. A borrow pit and upland spoil area are also located on the property adjacent to U.S. 41. The following is a description of'the ~ite as given in the Threatened and Endangered Species Survey for W'md Dancer ALrboat Tours. "The site corairts of a salt water marsh system imerrupted with islands of cabbage palm and mangroves. These islands are scattered tl'roughout the site. The trees within these islands comists primarily of black rrangrove, Avicennia germinanr, red rn~grove, Rhizophora rrumgle, white mangrove, Laguncularfa racemo.ra, and buttonwood, Conocarpuz erectu~ with a ground cover of leather fern, Acrosnchum aureum. The typical stand has mangrove vegetation, dominates entirely on the forest margins. A diverse and highly variable assemblage of' vegetation iruhabits the interior of these islands. The most common tree species identified was cabbage palm, Sabalpalmetto. One particular island has a small oak hammock, with dahoon holly, Ilex ca. mne and wax myrtle, Myr~ca cerifera as midstory. Some pocket~ of pond apple, Ann,ohS glabra, were also identified within the projec~ site. However the most prevalera habkat type is that of a tidal marsh. The vegetation within this area varies. Iflemified Sl:~cies include cord grass, Spartina alternaflora, black rush, Juncu~ app., saltgras~ Dt~'tchIL~ ~'picata, knotgrass, Parpalum dLrtlc3um, cm'ta~ 7'ypha app. and saw grass, Cladium jamaicertre. The frequency of 'he, e species is dependent on several factors iacluding elevation and tidal inttux. The presence of' some pockets of' cat-tails 2'ypha spp. indicates a lowering of salinity levels." A threatened and endangered species survey of the property was conducted during the month of' August, 1997. Observations were performed during early morning (0730-1000), mid-day (ll0CLIS00) and late-day (1500-1800) time periods. An airboat and stationary observation poLnts were u~ill-ed for the survey. L~efl AGEND.~ lIEN. ,o.13(,';./,r~-) DEC C ~ 1997 ~. _,=20 FAB Meeting November 5, 1997 CU-97-17/ST-97-1 (Wind Dancer Airboat Tours and Alligator Farm) Page 4 wildlife species idemi~ed on site i~clude snowy egret, Egretta thula, F~le blue heron, E~err~ c~r~lea, and osprey, P~m~ion ix~li~ms. Most of the birds identified during the survey were actually flying through the project site and not util;,ing it. Two species of air plant (Til~a) were observed on the property. Both species ~re listed by the state of'Flori~ p~y due to commerc~ reasons. A complete list of' plants and animus identi~ed on site is found in the threatened and endangered species survey. A review of' the official I-F. ustoricagAr¢l~eological Probabilhy lVisps for Collier County indicate no archaeologic~l or historical shes loc~ed on the subject property. The petitioner has indicated the presence of'm Indian midden on site, on one of the tree islands. The midden will be left intact and undisturbed. The subject property is a salt water marsh ecosy~em similar to that found at Evergl~Ics Private Airboat Tours (Conditional Use Petition No. CU-92-16). The envfi'onmen~ stipulations in this staff report sre consistent with those of CU-92- 16. The petitioner ku requested that six a~rboats be allowed to operate on ~he subject property, at any one time. Given the size differmce between the two parcels, (194 acres for CU-97-17 vs. 1,016 acres for CU-92-16), st~,ffr~m~ that no more tMn three ah'boats be allowed to operate on the subject properly, at any one time. Notification letters were mailed on October 10, 1997 to the managers of the Ten Thousand Islmds National W'fldiife Refuge, Collier Seminole Stste Park a~d Picayune Strand S*,ue Forest. Written commems were rec, eiv~ on October 24, 1997 from /'un Krakowski, Refuge lVlan&ger, Ten Thousand ~ N~onal W'ddlife Refuge ('Exhibit "A"). Additional stipulations ar~ recommended in Mr. Kr~owski's letter. RECOIVfM'ENDATION~: Staff recommends approval of Conditional Use Petition No. CU-97-17 / Spechd Treatment Permit No. ST-97-1, "Wind Dancer Aixboat Tours and Alligator Farm" with the following stipulations: Wl~r Management: AGENDa, IT£M DEC ' 1997 Pa. ~ F..A.B Meeting November 5, 1997 CU-97-17/ST-97-1 (NVind Dancer Airboat Tours and Alligator Farm) Page ~ 1. At the time. of private airboat tour operation commencement, the petitioner shall install and maintain no trespa~sinl~ sil~nal~e along the entire property line every 300+_ yards. The entire property shall be utilized specifcs~ for commercial conservation/ecolol~ical tours and exl~. There shall be no other perrnitted uses associated with this conditional use. 2. The applicant shall utilize ex~v3ag airboat trails in a round trip meabod accordini~ to the proposed exis~ini~ trails identified on -,he aerial ~ on September 12, 1997. 3. Permits or letters of' exemption from the U.S. Army Corps of~ Florida Department of Environmental Protection and tim South W~ter Manasement District shall be presented for the boat docks prior to the issuanc'- of a fmal site development plan approval. 4. Prior to the issuance of a Ce.r~cate of Occupy-ney ail exotic ~ as d¢fned by the Collier County Land Development Code shall be remov~ ax a minimum of' ~ (50) foot buffer from the approved ~ plan development footprim. The ~ (50) foot ~ m and ail developed areas si'aH be maintained free of exotic ve~xlion (Collier County Land Development Code Se~on 2.2.24.7.4.15). 5. Upon issuance, the buildins permit is subiect to a f'orty-fr~ (45) d~y appeal period by the Florida Det:'.u'muent of'Conununit'y Affairs (DCA). 6. The petitioner shall ~,sist and worlc with the applicable sta~ and federal agencies (i.e., U.S. Fish and W'mt~_!lre Service, Florid~ Came and Fresh Water Fish Commission, etc.) to prepare base line environmental studies. 7. The airboats shall only be equipped with non-alrcra~ engines includin~ spark arrestors and proper~y rrn,med to reduce the noise as much as possible. S. Airboats shall be limited to a maximum ien~h of eil~hteen (1S) feet and no more than ten (10) people aboard, includin~ the driver. A~.~ .o. EAB Meeting November S, 1997 CU-97-17/ST-97-1 (Wind Dancer Atrboat Tour~ and Al~gator Farm) Page 6 No more than tltr~ (3) ~a~o~ ~ be ~llow~ to ~ ~t ~ ~ ~t my one tim~. SENIOR ENGINEER STEPHEN LENBERGER ~O~A.L SPECIALIST DATE DATE PdSVIEWED BY: DATE ~Ot~F.~T $. MUI2-IERE, AICP CURRENT PLANNING MANAGER DATE so./~ DEC ',': 1997 p,. _ ,,,?...3 EXHIBIT A United States Department of the Interi6r FISH AND ~ r~LIF~ SERVICE Ten Thousand Islands National Wildlife Refuge 3860 Tollgate Blvd., Sa. 30 N~les, FL 34I I4 Octob,r 23, 1997 Stephen Lcnbcr~,r Collier County Govcmmmt Community D~velcrpmeat -q~ic~s Division 2800 North Horseshoe Dr~ve Naples, FL 33942 Condkimaal Use Petition ~'U-97-17 Wind Da. uccr Airbost Tm ~mt All~ator Farm Section 36, Townah/p ~1 Souda, 1Ltng¢ 27 Fast CoL County, FL Dear Mr. Lcnb~rg~r:. Thank you for giving me the oppommi~ to comment on th: above developmcrit petition. The proposed venture is located adjacent to Ten Thousand Islands National Wildlife Refuge. Because the venture may have aa impact on uhe refuge, I would suggest thc following conditions: I. The venmze's airboat tra~c should ,'~,intain a distance ofaI least 50 yards from the boundary of the refuge. Any closer travel would scare birds th~ are on the refuge close to the vmmre's boundary. Birds or other animals on the refuge should not be disturbed by the veurur¢'s opera, on. 2. In rcfcrtnce to the alligator farm, we have a concern about exotic, aliem species that may be rabed or c~cd for at the locat/~. Animals may er~at:~c from the facility or a hurdcmeJmajor storm event may disperse animah from thc fscility. These ,,~imals may find there way onto the r~fugc and cause problems. I would recommend that only naive, endemic species be raised. Again thank you for the opportunity to comment. Please contact mc if you have any questions, (941) 353- 84~2, ext :27. Sincerely, Jim Kralmwski Refuge Manag~ AGENDA EXECUTIVE SUMMARY PETt't'ION NO. V-97-13, DENNIS CRONIN OF BOND, SCHOENECK & KING, P.A. REPRESENTING W. FRANKLIN & CAROL B. ELLIS, REQUESTING AN AFTER-THE- FACT VARIANCE OF 2.39 FEET FROM THE REQUIRED SIDE YARD SETBACK OF 7.5 FEET TO 5.11 FEET FOR AN EXISTING POOL SCREEN ENCLOSURE LOCATED AT 710 HOLLYBRIAR LANE IN PELICAN BAY. The petitioner is requesting the above described variance in order to remove the existing setback violations caused in 1989. CONSIDERATIONS: In June 1986, Collier County Building Department issued a permit to build a pool (Permit # 86.3674) on this property. County records do not indicate any permit applied or is3ued for the enclosure. In 1989, Borelli Construction Corporation, obtained permission from the Pelican Bay Design Review Committee to build a screen enclosure over the pool. The WCl letter stated:' We are not approving the section marked 'proposed future screen enclosure" located on the south side of the home. The plans indicate the owner's desire to add screening to the top of the existing prfvacy wall. It is our u~derstanding that such an addition would be in violation of Collier County Building Code~, because of the enc~achment into the side setback area~. Furthermore, this enclosure encroaches into the drainage easement area. Since that time, the property was sold twice. In Apdl 1997, the present owners purchased this residence. A survey prepared for the closing showed the setback violation. The new owners are applying for this after-the-fact variance in order to remove the violation. The Collier County Planning Commission reviewed this petition on November 20, 1997 and by a vote of 7-0 recommended approval. FISCAL IMPACT: None. GROW'tH MANAGEMENT IMPACT: None. AGEND~ No. ~ DEC ~ '-'.. 1997 ~STORIC/ARCHA EOLOGICAL 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 COMMISSION RECOMMENDATION. That the Board of Zoning Appeals approve V-97-13. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE 'ROBERT J. MUt. HERE, AICP, MANAGER CURRENT PLANNING SECTION DATE DONALD W. ARNOLD, AICP, DIRECfO~--~ PLA~/~J~ G SERVICES VINCENT A. CAUTERO, ADMINISTI:~TOR bATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DEC, 0 1997 AGENDA ITEM 7-C TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION November 2, 1997 PETITION V 97-13 AGENTIAPP LICANT: Agent: Dennis P. Cronin, Esq. Bond, Schoeneck & King, P.A. 1167 Third Street South Naples, FL. 34102 Owner: W. Franklin & Carol B. Ellis 710 Hollybriar Lane Napl=.s, FL. 34108 J~EQUESTED ACTION: The petitioner is requesting an after-the-fact variance of 2.39 feet from the required side yard setback of 7.5 feet to 5.11 feet for an existing pool screen enclosure. GEOGRAPHIC LOCATION: The subject property is located at 710 Hollybriar Lane and is further described as Site One (1), Block B, Pelican Bay, Unit 4, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: In June 1986, Collier County Building Department issued a permit to build a pool (Permit # 86-3674) on this property. County records do not indicate any permit applied or issued for the enclosure. In 1989, Borelli Construction Corporation, obtained permission from the Pelican Bay Design Review Committee to build a screen enclosure over the pool. The WCi letter stated:' We are not approving the section marked "proposed future screen enclosure" located on the south side of the home. The plans indicate the owner's desire to add screening to the top of ~he existing prfvacy wall. It is our understanding that such an addition would be in violation of Collier County Building Codes, because of the encroachment into the side setback area". Furthermore, this enclosure encroaches into the drainage easement area. Since that time, the property was sold twice. In April 1997, the present owners purchased this residence. A survey prepared for the closing showed the setback violation. The new owners a~ a applying for this after-the-fact variance in order to remove the violation. ^G~.~qX .o. I~ DEC ~ i' DEC .~ 1997 SURROUNDING LAND USE AND ZONING; Existing: Single Family Residence, zoned PUD Surrounding: North -Single Family Residence, zoned PUD East -Single Family Residence, zoned PUD South -Single Family Residence, zoned PUD West -Single Family Residence, zoned PUD HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or environ ment. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: ae Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or bulldlng Involved? No, there are no circumstances or conditions peculiar to this site. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? The applicant purchased the residence in 1997. This encroachment was created in 1989. The property was first sold in 1993. At that time the violation was not discovered. This is a pre-existing condition and was not caused b '.the applicant. AGENDA ITEM No. ~ DEC 0 ~ 1997 -2- P~. ~ Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? If this variance is denied, the applicant must remove the encroaching portion portion of the structure. de Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, this variance is the minimum variance that will remove the existing violation. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a setback which is less than the required setback for the district. However, this variance, if granted, will only remove an existing violation. Will granting the variance be in harmony with the general Intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required side yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? NO. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this vadance will not affect or change the requirements of the Growth Managemer, t Plan. NOTE'. Staff is aware of the fact that the encroachment was not caused by the present owners of the property. Since the construction of the encroaching structure, the property was sold twice. However, it appears that this encroachment occurred when the contractor, without a building permit and in violation of the letter isst Design Review Committee, illegally installed the enclosure. -3- DEC 0 .q 1997 ' STAFF RECOMMENDATION: Staff recommends that the CCPC recommendation for denial. forward Petition V 97-13 to the BZA with a PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER DATE CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECT~-'~- - DATE SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE ' Petition Number: V-97-13 Staff report for November 20, 1997 CCPC meeting. This Petition has tentatively been scheduled for December 9, 1997 BZA Public Hearing. Collier County Planning .C~~ion: MICHAEL A. DAVIS, CHAIRMAN A¢~._NgA ITeM .o.~ DEC 0 9 1997 RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-97-X3, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102} which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 2.39-foot after-the-fact variance from the required side setback of 7.5 feet to 5.11 feet as shown on the attached plot plan, Exhibit "A", in a 'PU6" zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Sec%ion 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested p~rties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE £T RESOLVED BY THE BOARD OF ZONING APPF. ALS of Collier County, Florida, that: The Petition V-97-13 filed by Dennis P. Cronin, Esquire of Bond, Schoeneck & King, P.A., representing W. Franklin Ellis and Carol B. Ellis, with respect to the property hereinafter described as: Site 1, Block B, Pelican Bay Unit 4, as recorded in Plat Book 13, Pages 30-32, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 2.39-foot variance from the required side setback of 7.5 fee~ ~ f t er~T~ZM ~ No. I~ to 5.11 feet as DECp 0 .1997J shown on the attached plot plan, Exhibit "A", of the 'PUD' zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number V-97-!3 be recorded in the minutes of this Board. 7 I 10 11 12 14 1! 21 22 24 This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Approved as to Form and Legal Sufficiency: Mar]c0rie M. S=uaent Assistant County Attorney Chairman -2- AG£N_DA DEC 0 1997 LAND SURVEY SITE 2 / / ~.a' NO m ;" SITE ~ II ~,2 BLOCX B / / / -- · x / -,. / ~/~ NO CAP SITE $9 IILCX~ A \ / 5,/a ROD / / NOTES: ADDRESS: 710 HOLLYI3RIAR LANE FLOOD ZONE *X' PANEL NO. 120067 0381 E. BASIS OF BEARINGS WEST PROPERTY UNE N57'I0'.~4*W. D=OEED, U=MEASURED, C=CALCULATED ~.=CENTER LINE, UE=UT1LITY EASEMENT WM-WATER METER, PE-POOL EQUIPMENT Feb 1~. lqq7 NOT VALD UNLE55 D"~O55~D WITtt 5ElL LEGEND r.a~r ~.rz zc:~l m C1 OCLi^ J or,~'ll.d:, AGEND~ I'VE, Mx ~ PETITION NO. PROJECT PLANNER VA~%IANCE PETITION (VARIANCE FROM SETBACK(S) REQUIRED FOR A PARTICULAR ZONING ~, ~' 9 g ' 1 3 ,~' OCT (~OVE TO Bg FILLED IN BY STAFF) PETITIONER'S NAME W. Franklin Ellis and C~rol B. Rlli~ PETITIONER'S ADDRESS 710 HolYbriar Lan9 Naples, FL 34108 TELEPHONE AGENT'S ADDRESS Dennis P. Croninr Esquir.~r Bond, Sqhoeneck & King, P., 1167 Third Street South, Naples~ FL TELEPHONE_941~.~62-6812 LEGAL DESCRIPTION OF SUBJECT PROPERTY: ~One (~LOCK(S) B Pelica~ Bay, Unit 4, Plat Book 13, Pages.30-3~ ' SUBDIVISION SECTION 4 TWp.4~s RANGE 25E (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY PUD EXISTING LA/~D USE ON SUBJECT PROPERTY Residential ADJACENT ZONING & LAND USE ZONING LAND USE PUD PUD PUD PUD Residential Residential Drainage Easement Residential. MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY · FRONT: 30 co~R ,,oT: ~O/~C~RCLE ONE) SIDE: 7.~ WATE~FRON LOT:~YES (CIRCLE ONE) 1997 NATUR~ OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18': when property owner purchased property; when existing principal structure was built (include building permit number if possible]; why encroachment is necessary: how existing encroachment came to be; etc. The owners, Mr. and Mrs. Ellis took title to the property on A~ril 7, 1997. A survey prepared for that closiog disclosed _ the sideyard setback violation. The records of the Pelican Bay . Design Review Committee indicate approval on June 8, 1989 of construction of a screen enclosure by Borelli Construction. The completed construction violated the sideyard ~etback with 232 square feet of improvements within the sideyard setback ranging from 5.11' to 6'. Therefore, request is made for the reduction of the ~ sideyard setback on this property from 7.5' to 5.11'. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zon'ing Appeals shall be guided in ~ts determination to approve ur deny a variance petition by the below listed criteria (1-6). (Pleas~ address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. As a corner lot, this property has two (2) fronts and two (2) sideyard setbacks. Existing improvements which are stkuctually sound and.have remaining value located on the property since 1989 according tc Design Review Committee.[see'~let~ef'~a~ted 'Jun~ Westinghouse Communities t.~Bore~ii Cons.t~uctic Pelican Bay_ · 1989 from ,)-. .' .v ~,.~ ~ ..,'~I~'~L ~'.'..:~j , '~. Are there ~pecial conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Present owner took conveyance in April 1997. Predecessor in title took conveyance in July of 1993 . Present Will a literal interpretation of the provisions of ~his zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Relocation of the screen enclosure to comply with the 7.5' setback would constitute an expensive hardship since the condition has existed in its current footprint since 1989. o Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. Approval of the variance request is the minimum necessary to remove existing setback violation. will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. .. No special prlvileqe w~ll inure tQ the applicant through granting of this variance and approval will not change the character of the area or establish an inconsistent land use. 3 DEC 0 9 997 -' ............................... ' .......... IR] .... II ...... 1 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The appli~ant__~s___no_~taware of any public detriment or_ injury to the neighborhood or the public welfare. This modest dimensional variance will not change the homoqeneous res~entia] character of the area. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No natural conditions are impacted by varian6e approval. Will granting the variance be consistent with the growth management plan. APPrOvglp~_the variance w~ll no~ ~ {ncgn~{~eene wjeh or in derogation of the qrQwth manggemCnt p]~ _- DEli 0 9 1997 ,'Pg" , -/'E'.' .~ u), F, ej=iN tN cc.L.< I, ~/%~.~L ~. ~'C~ being first duly sworn, depose and say that I am the owe'er or,he property described herein and which is the subject matter of the proposed hearing; that all the answers t6 the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be co~leted and accurate before a hearing can be advertised. I further pe~it 9~f ~. C~o~ __ to act as my State of Florida County of Collier SIGNATURE- OF OWI~ER The foregoing Agreement Sheet was acknowledged before me this ______, who i<~erson~!ly known to__~ or who has produced as identification. VINC51,'~ ,,':'2PHY My (:~.mm L ..p. 7/29100 8o,'~¢~,J C'.7 ~,ewice Ins N:. C',-;47144 ~ph~yO t a ry ~ublic) NOTARY PUBLIC Commission # da ~-~ 7; ~ My co~isston Expires:-- /2R,/ ) SIGNATURE OF AGENT State Of Florida County of Collier The foregoing Agreement Sheet was ack~%owledged before me this day of , 19~. by --' i' who is personally known to me or who has produced . -' as identification. (Signature of Notary Public) VARIANCE Ap ~LICATION/md 5 NOTARY PUBLIC Commission # DEC, 0 S 1997 p~. /.~' EXECUTIVE SUMMARY PETITION V-97-10, MR. KELLY HUFF REQUESTING AN AFTER-THE-FACT VARIANCE OF 10 FEET 5 INCHES FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 19 FEET 7 INCHES FOR PROPERTY LOCATED ON THE NORTH SIDE OF 11ra AVENUE SW., FURTHER DESCRIBED AS THE EAST 180 FEET OF TRACT 53, UNIT 26, GOLDEN GATE ESTATES SUBDMSION, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. ,. This petition seeks an after-the-fact variance of 10 feet 5 inches from the required 30 foot side yard setback to 19 feet 7 inches to allow an encroaching garage/storage building to remain as it currently exists. CONSIDERATIONS: The subject site is a platted and conforming lot of record that is currently developed with a single family dwelling and includes the encroaching detached garage/storage building. The current property owner states that when they purchased the property in 1985 the side setback requirement for thc Estates Zoning District was 10 percent of thc lot width not to exceed 30 feet. Since the subject lot is 180 feet in width, thc side setback requirement would have been 18 feet. Therefore, if thc garage/storage building were built at that time with a valid building permit, thc s~-ucturc would bc dcerned a legal non- conforming structure. However, thc zoning ordinance was amended in 1991 to require a minimum 30 foot side yard scthack for a conforming lot of record. Thc encroachment occurred in 1993 when thc current owner constructed thc subject 30 foot by 50 foot garage/storage building ~thout building ~ using thc old side setback requirernent of I0 percent of thc lot width. Because thc property owner constructed thc structure without a building permit, they were unaware that thc side setback for thc Estates Zoning District was increased to a minimum of 30 feet in 1991. Therefore, a variance is now necessary to allow thc property owner to obtain after-thc-fact building permits. It should bc noted that there arc other nearby properties on this sas:lc street that contain similar structures that were approved (with building permits) using thc less restrictive side yard setback requirement which was in effect at that time thc building permits were issued. . TMs encroachment was only discovered when a new survey was prepared for the sale of thc property. A variance is necessary to allow the em'rent owner to complete the after-the-fact building permits for the garage/storage buildfag. Once this issue is resolved, the sale of the property can be completed. Furthen'nore, the existing structure complies with all other setback requirements in the Estates Zoning District. The petitioner claims ~at the literal interpretation of the code would require that the garage/storage building to be moved to meet thc required 30 foot setback. However, due to the size of the structure, it is estimated that it will cost more to move the structure than it is worth structm'e would have to be demolished. The petitioner indicates no com[ 1997 PI. structure was built in 1993. Furthermore, duc to thc large land area of the Estates district, thc structure ia over 100 feet from any structure on the adjacent property. It is staff's opinion that the granting of this variance will not be in keeping with the general intent and purpose of the Land Development Code. However, it is unlikely that any detriment to the public welfi,~ would result from its approval since the existing structure is still over 19 feet from the side lot line. In addition, there are natural conditions that exist such as the large lot area of the subject property which results in the garage building being over 100 feet from any other structure. The site is also thickly wooded so that the encroaching structure is not visible from the adjacent property. Therefore, the requested variance will not have any adverse impact on the circulation of light and air between structures. The Collier County Planning Commission (CCPC) heard this petition on November 20, 1997 and voted 5 to 2 to forward Petition V-97-10 to the Board of Zoning Appeals with a recommendation of approval of the requested variance based on their finding that natural conditions exist whleh abate the impacts of the encroachment. The two planning commissioners that voted to deny the variance petition cited the fact that there was not a land related hardship. Staff has not received any correspondence opposing the variance, however, the petitioner submitted letters from the adjacent property owner that support the variance request. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with the applicable provisions of the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) forward Petition V-97-I0 to the Board of Zoning ~.peaJs ['~ZA,) with a rer~rnme, t~d~tirm Bi." "~37 PREPARED BY -- RAY ~.~ELLOWS ~RINCIPAL PLANNER ROBERT J. MUL"ttERE, A1 CP, MANAGER C~ NT..pLANI~JNG SECTION DATE DATE ~ ' DONAL.~W. ARNOLD, AICP, DIRECTOR PI.,AN~ING SERVICES DF..PARTMENT VINCENT A. CAUTERO, ADMINISTRATOR DATI~ COMMUNITY DEV. AND ENVIRONMENTAL SVCS. V-97- I 0?~.X SUMMARYfI~VB/rb 3 DEO 0 ~ 1997 ~..~ AGENDA ITEM 7-B MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION OCTOBER 25, 1997 PETITION NO: V-97-10 OWNER/AGENT: Agent/Owner: Kelly B. Huff.and Betty A. Huff 4393 11~ Avenue SW Naples, Florida 34116 REOUESTED ACTION: The petitioner requests an after-the-fact variance of 10 feet 5 inches from the required side yard setback of 30 feet to 19 feet 7 inches to allow an encroaching garage/storage building to remain as it currently exists. GEOGRAPIIlC LOCATION: The property fronts upon the north side of 11~ Avenue SW and is further described as the East 180 feet of Tract 53, Unit 26. Golden Gate Estates, in Section 15, Township 49 South, Range 26 East. (See illustration following page). PU~OSE~ESC~PTION FOR VARIANC.~d. The purpose of this petition is to seek relief from the required side yard setback dimension of thirty (30) feet to 19 feet 7 inches for an existing garage/storage building. The subject site is a platted and conforming lot of record that is currently developed with a single family dwelling and includes the encroaching detached garage/storage building. The current property owner states that they purchased the property in 1985. At that time, the side setback requirement for the Estates Zoning Distil,ct was l0 percent of the lot width not to exceed 30 feet for all conforming lots of record. Since file subject lot is 180 feet in width, the side setback requirement would have been 18 feet. Therefore, if the garage/storage building were built at that time with a valid building permit, the structure ~vould be deemed a legal non.-confo~i~ng structure. However, the zoning ordinance was amended in 1991 to require a minimum 30 foot side y~ conforming lots of record. The encroachment occurred when the current owaer e rostrum/ I DE0 0 9 1997 9 1997 EXHIBIT "A" N NO. gEO., O 9 1997 subject 30 foot by 50 foot garagetstorage building in 1993 (without building permits) using the old side setback requirement of 10 percent of the lot width. Because the property owner constructed the structure wi.d~out n building permit, they were unaware that the side setback for the Estates Zoning District was increased to a minimum of 30 feet in 1991. Therefore, a variance is now necessary to allow the property owner to obtain after-the-fact building permits. It should be noted that there are other nearby properties on this same street that contain similar structures with reduced side yard setbacks. However, they were legally constructed (with building permits) using the less restrictive side yard setback requirement of 10 percent of the lot width which was in effect at that time the building permits were issued. The encroachment was only discovered when a new survey was prepared for the sale of the property. A variance is necessary to allow the current owner to complete the after-the-fact building permits for the garage/storage building. Once this issue is resolved, the sale of the property can be completed. Furthermore, the existing structure complies with all other setback requirements in the Estates Zoning District. SURROUNDING LAND USE AND ZONING: Existing: Single family residential; Zoned: Estates. Surrounding: North- Single family; Zoned: Estates. East - Single family; Zoned: Estates. West - Single family; Zoned: Estates. South-11~' Avenue SW & Single family; Zoned: Estates.. GROWTII MANAGEMENT PL.-\N CONSISTENCY: The requested variance does not hax c any impact on this property's consistency with the County's Growth Management Plan. EVALUATION FOR INFRASTRUCTURE: ENVIRONMENTAL. TRANSPORTATION AND Approval of this variance request will have no effect on infrastructure, transportation or the environment. Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: ae Are there special conditions and circumstances existing which are location, size and characteristics of the land, structure, or building inn ~ecullar to the AGEND~ IT.K~d ~ .,. q/ DEC 0 °o 1997 No, the subject site is located on a platted conforming lot of record in the Golden Gate Estates Subdivision. If thc owner would have obtained a building permit when the structure was built in 1993. they would have been informed that the proper side yard setback is a minimum of 30 feet. Furthermore, if the garage/storage structure were constructed at it's present location with a valid building permit prior to the change to the zoning ordinance, the subjcct structure would be deemed a legal non-conforming structure. Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No. The structure was built bx the current property owner. Will a literal interpretation of the provisions of this Land Development Code work unnecessar3.' and undue hardship on the applicant? A literal interpretation of thc Code would require that the garage/storage building to be moved to meet the 30 foot setback requirement thereby allowing the building permits to be issued. Because of the size of the structure, it is estimated that it will cost more to move the structure than it is xx orth. Therefore, the structure would have to be demolished. The petitioner indicates no complaints have been filed since the structure was built in 1993. Furthermore, due to thc large land area of the Estates district, the structure is over 100 feet from any st~cture on the adjacent property. de Will the variance, il' granted, be the minimum variance that will make possible the reasonable use of the land. building or structure and which promote standards of health, safety and welfare? Yes, the structure is cxistin~: and is the minimum variance required to bring the existing structure into compliance with the requirements of the Land D~velopment Code. Will granting the variance request,ti confer on the petitioner any special privilege that is denied by these zoning regulations to o,lher lands, buildings, or structures in the same zoning district? Yes, the granting of' the requested variance will allow the petitioner to have a structure closer to the side property line than is currently required by the Estates zoning district, hoxvever, all variances effectively do ti'tis. Will granting the variance be in harmony with the general Intent and purpose of this Land Development Code, and not be inlurious to the otherwise detrimental to the public welfare? DEC 0 .997 It is staff's opinion that thc ,__,ranting of this variance will not be in keeping with the general intent and purpose et' the Land Development Code. However, it is unlikely that any detriment to the public welfare would result from its approval since thc existing structure is still over 19 feet fi'om the side lot line, In addition, duc to the large lot area of the subject property, the encroaching structure is over 100 feet from any other structure, therefore, it will not have any adverse impact on the circulation of light and air between structures. Furthermore, there are other nearby properties on this street that contain similar structures that were constructed (with building permits) using the 10 percent of the lot width setback requirement. Today, these pre-existing structures are deemed to be legal non-conforming structures. As a result, the granting of this variance will not be injurious to the neighborhood. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The existing structure encroaches I0 feet $ inches into the required 30 foot side yard setback. Since the enrage/storage building is over I00 feet from another structure, it will not cause an)' adverse impact on the circulation of light and air between structures. he Will granting the variance he consistent with the Growth Management Plan? The granting of thc requested x ariance will not affect or change the requirements of the Growth Management Plan. , It should be noted that the existing side yard encroachment will not adversely impact the light/air circulation or visually impact the adjacent property. The encroachment will also not block site distance and/or create other safety concerns that would necessitate a minimum 30 foot side yard setback. As a result, the structure will not be injurious or otherwise detrimental t{~ the adjacent land uses. However, the existing encroachment is the result of the applicant's failure to obtain a building permit for the structure when it was built in 1993. Therefore, staff is constrained from recommending approval. S_TAFF RECOMMENDATION: Staff recommends that the Collier County l'lar,,ting Commission forward Petition V-97-I 0 to the o Board of Zoning Appeals with a recommendation of dcaial due to the fact that the encroachment was created by the :,pplicant and duc ;o a lack of any land related hardship. pP,.EPAKED BY: RAYr~j~LLOWS R.EVIEWED BY: ~)ON-,~_LD W. ARNOLD, AICP, DII~CTOR P~nN~3~O SE~.WCES V~NCEI~ A. CAUTERO, ADMINISI KATOR COMMGNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number V-97-10 Staff Report for November 20, 1997 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: M1CHAEL A. DAVIS, CHAIRMAN V.97-10/~TAFF REPOP. T/RVB/rb /~ -~.$-77 bAT~ DATE View from front yard. View from southeast side of garage. East Elevation Vie~ along t~e west side of encroaching structure. LEGAL DESCRI?TIO*g Or' SUS3ECT [~OPERTY: SUBDIVI$ ION__ SECT ION TWP · {[[ legal description is len~hY, ~.e. me~es & b~nds description, a%tach ,~ttional pa~e, ~~ CU~NT ZONinG O~ S~J'CT ~O~Z~ -- ~ [XISTiNG ~,D ~ ON 5UB~T ~O~TY ADJACENT ZONING ' ~P ~SZ ~INI~ Y~D ~U~ENTS F:R SUBJECT PROPERTY ~ ELEP~IONT'~__ -- S[DS: "~0 t C0P~IER LOT:~.~ {CIRCLE ONE) WA~ER?RON LOT:~_~ (CIRCLE DEC 0 S 1997 __~ ~.... 13 _. encroachment proposed using nu~ers, i.e. reduce f=on~ setback ~ron 25' to lB'; when property o.~ner purchased property: when existing principal structure was built (include buiXding per. It ...... l,-. ~f ¥~,~.1~1: ~V ~ea~)~¢nt ia nco~nnnr~) ~ow oxi£ti~q encroachment ca~e to be~ etc. ~.~L~, please nnre that sta:~ an~ the Collier county Planning Ce~.isslon Appeals, and that the ~oard o: zoning Appeals shal~ be guided i~ its deter~inatio~ to ~ppro~e or deny a variance petitio~ by the belo~ listed criteria (1-61. ~lease address this criteria using ~ddi:ional pages i~ necessary.] l. Are :here special conditions and circumstances existimg which are peculiar to the location, size and charac:erlstics o: the land, structure, or building involved- 1997 /'Y_ Are there special conc~ltions and circumstances ~hlch do not ~eou~ ~rom tho 3o~ian o~ ~h~ ~p~ic~nt ~,,~h ~ ~r~-~v~ln~ con~tions tela~Lve to the propet~M which is the s~ec~ cf ~he variance request, will a l£teraX interpretation of the prov£sions oL this zoning code work unnec~s~:Y d,,d undu* hardship or crea~e prac~ical difficulties on the applicant. u~tuLv ~4~ ~]li~h p~'o~oce =~andard~ of hcol~h, ~afccy In the same zoninv dis%ric~. . ; . AGENDA I, Ti~ M DEC 0 1997 Pg. ~ o · · Will granting :he variance be. in harmony with the intent: and pu:pose o: this zoning code, and not be in~utious to the neighborhood, or otherwise detrimental to the public ~el:a:e .... t ...... ...... ~ .~ ~~c ~ .~ on} or p Y v s of the ,,~,,,e (~:,1~ ...... als and object, · conditions that ameliorate ~'~.~ ~es. qolf coucse, :egula~on sBcB as ~atural p~cae:ves, ...... will granting the variance l:e consistent with the r.a na ~e~en t plan. Plo. ~ DEC 0 9 1997 Ig _ answers to the questions in this app%ica%ion, and all data. and other supplementary matter attached to and made a part of this application, are honest and true to %he best o! my knowledge and belief. ~ un,ers:and this application must be completed and accurate before a hearing can be advertised. ~o act as my further permit representa~ive in any mat%ers regarding this petition. State o~' Cuu~Ly uL - as identification and who did (did not) take an oath. M7 Co~i~iO~ ~xp~re~: ~SZG~4ATUP~ Of A~ ~a~e o~ The fore9oing Agreement Shee: was acknowledged before Ne this 199~ by '---"" who iS persona£1¥ ~zu-;, [" m* or who h~ N~LIC Co~isston l_ My Commission Exp~es: .o. DEC 0 9 1997 ,,,. /? one guest house (Subject to Section 8.38). 3) (a) ~ and other places of (b) oolle~es havin~ a ccnventi~ academic curriculum. (c) Recreational facilities not aocesscry to ~rinciDal use. (d) P~v. ~10 (e) Social and fraternal organizations. (subJ~t to Se~ 8.u.) Owner occupied child care centers (Subject to Section 8.48) Rev. 110 (f) Group Care Facilities (C~tegory Iard Category ;;); c=e uni~; ~u m=~i~ m~ (subject to Section 8.53). 4) ~ited Uses ar~ Stru~: Any ~ c~ ~t~uctur~ not specifically, prcvisi~y, cr by I~' Z,o~4~-0~,~ reasonable l~i~tion per~i~ herein, cr ~ "';' ',~ _ --'-' permissible by special ~on. 1) MiniImm~ Lot Area: Two ar~ c~~ (2~) acres. 2) Mintnum Lot Width: One hundred fifty (150) feet. 3) ~ Ya~ R~u~~: (a) Front Y~%rd: Seventy-five (75) feet. ---~ (b) Side Yard: Ten (10%) percent of the width of the lotnottoexceed amaximm: r~q~dr~ment of thirty (30) feat. (c) R~ar Yard: Seventy-five (75) feet. * Rev.7 Ord 84-7 * P~=v. 13 Oral 86-10 R~v. 110 Ord. 91-34 31 4381 11th Ave. S.W. Naples, Florida 34116 September 20, 1997 To Whom It May Concern, We live adjacent to the property of Kelly Huff. This letter is to verify that the garage located at the rear of their property has never been a concern to us. This garage is not visible from our home and we have never been aware of its presence. If there are any further questions, please feel free to contact us. Sincerely, Jack and NancyVisg~itis '~ AGE.Np& ITeM .~ DEC 0 0 1997 -- I November 17, 1997 Board of County Commissioners Planning Board Collier County Naples, Fl. To Whom it may concern: Our property is located behind the property of Betty & Kelly Huff. We do not have a problem with the variance that the Huff's are requesting. Thank you. Respectfully, 4330 Pine Ridge Ext. Naples, F1 34119 AGENDA DII:'P ,": laa"t pg. C:~I 2 · RESOLUTION NO. 97-_ ..... RELATING TO PETITION NUMBER V-97-10, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ? s WHEREAS, the Legislature of the State of Florida in Chapter 125, ~ FLorida Statutes, has conferred on all counties in Florida the power to 10 establish, coordinate and enforce zoning and such business regulations 1~ as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land ~3 Development Code (Ordinance No. 91-102) which establishes regulations 14 for the zoning of particular geographic divisions of the County, among 15 which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public la hearing after notice as in said regulations made and provided, and has 19 considered the advisability of a 10-foot 5 inch variance from the :0 required 30 foot side yard setback to 19 feet 7 inches as shown on the 21 attached plot plan, Exhibit "A", in an 'E" Estates zone for the 22 property hereinafter described, and has found as a matter of fact that 25 satisfactory provision and arrangement have been made concerning all 2¢ applicable matters required by said regulations and in accordance with :5 Section 2.7.5 of the Zoning Regulations of said Land Development Code 2~ for the unincorporated area of Collier County; and 27 WHEREAS, all interested parties have been given cpportunity to be 28 heard by this Board in public meeting assembled, and the Board having 29 considered all matters presented; 30 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of 3~ ~ollier County, Florida, that: 32 The Petition V-97-10 filed by Kelly B. and Betty A. Huff, wi~h 33 respect to the property hereinafter described as: The East 180' of Tract 53, Golden Gate Estates, Unit No. 26, as recorded in Plat Book 7, Pages 15-16, of the Public Records of Collier County, Florida. 38 be and the same hereby is approved for a 10-foot 5 inch variance from 39 the required 30 foot side yard :~etback feet to 19 feet 7 inches as 40 shown on the attached plot plan, Exhibit DEC 0 ,q 1997 0,%3- dis:tic= wherein said proper:y is located, subject to the following conditions: The variance is only for ~he 10 foot $ inch side yard encroachmen= as dep£c=ed on the at~ached plo~ plan. BE IT RESOLVED that this Resolution rela~ing to Petition Number V-97-10 be recorded in the mEnu=es of this Board. This Resolution adopted after motion, second and majority yore. Done this day of , 1997. 10 it ATTEST: ~2 DWIGHT E. BROCK, Clerk 14 15 17 lS Approved as to Form and Legal Sufficiency: 19 2O ~R Marjc~ie M. Stuoe ~ Assistant County Attorney 24 26 27 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman -2- ,o · EXHIBIT "A" N Oo HO. ~ DEC O ~, 1997 ~:.._,~-'/ -__. EXECUTIVE SUMMARY PETITION V-97-12, ALFRED W. FRENCH, REPRESENTING SEACREST COUNTRY DAY SCHOOL REQUESTING A 6 FOOT HEIGHT VARIANCE FROM THE REQUIRED 30 FOOT MAXIMUM HEIGHT LIMIT IN THE ESTATES ZONING DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD AND OPPOSITE BERKSHIRE LAKES IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks a 6 foot height variance from the maximum 30 foot maximum height limit to 36 feet to allow for a proposed Resource Center building. CONSIDERATIONS: Thc subject site currently contains an existing private school that was first constructed in 1986. Thc Board of Zoning Appeals approved a conditional use on June 24, 1997 to allow for the expansion of the existing school onto the remaining undeveloped land. Subsequently, a site development plan was approved with conforming building heights. However, to improve the architectural appearance of thc campus, the Resource Center building was redesigned with a hipped roof and clock tower which will serve a.s a focal point of the proposed expanded campus. The hipped roof design is intended to complement both the existing and the proposed buildings. Thc additional 6 feet in height is needed to obtain thc proper roof pitch to compliment the scale of the proposed building. It should be noted that the surrounding campus buildings will all conform to thc 30 foot maximum height limit. Since thc proposed Resource Center building is located in thc middle of the property (approximately 107 feet from the east property line), thc proposed increase in height will not result in a structure that will overlook the adjacent properties. The criteria for measuring the building height for a hipped roof is defined in the Land Development Code as follows: The vertical distance from the first finished floor to the mean height level between the eves and ridge of gable, hip, and gambrel roofs. Rooftop re~.reational space, mechanical and/or air conditioning equipment and accessory facilities (including clock towers) are exempted from the limitations established for measuring the height of buildings. As shown on the attached building elevation, the building height is 36 feet while the overall height including the clock tower is 50 feet. The petitioner claims tha'~ the literal interpretation of the code concerning the application of the maximum height limit requirements contained in the Estates Zoning District will work unnecessary and undue, hardship since a fiat roof building would not be architecturally compatible and would be out of scale with the other buildings on campus. Furthermore, the petitioner has indicated that it would be an extreme hardship to redesign the existing and proposed buildings to accommodate the loss of ~ace and would also necessitate a change in the architectural conc~t of the campus. The current design uses the Resource Center building as a focal point. Lastly, the petitioner is only seeking the minimum amount necessary to allow for a hipped roof which will support a clock t¢ ~,a ,~.A~~a architecturally compatible with the surrounding buildings. DEC 0 9 It is staff's opinion that the granting; of this variance will not be in keeping; with the general intent and purpose of the Land Development Code. However, it is unlikely that any detriment to the public welfare would result from its approval since the proposed 6 foot height variance is only for the Resource Center building; that is centrally located on the lot and is over 107 feet from the east property line and 132 feet from the west property line. As a result the proposed variance will not have any adverse impact on the circulation of light and air between structures. Therefore, the granting; of this variance will not bc injurious to thc neighborhood. The Collier Count)' Planning Commission (CCPC) heard this petition on Novemb~' 6, 1997 and voted g to 0 to forward Petition V-97-12 to the Board of Zoning Appeals with a recommendation of approval. During the public hearing of this item, one person spoke in support of the proposed height variance. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed variance is consistent with the applicable provisions of the Growlh l~danagement Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) forward Petition V-97-12 to the Board of Zoning Appeals (BZA) with a recommendation of approval. PREPARED BY LOWS PRINCIPAL PLANNER DATE REVIEWED BY: ~6~G£R CURRENT PLANNING SECTION _.~. DoNAI, D W. ARNOLD, AICP, DIRECTOR I~E--NT A. CAUTERO, ADMINIS'IllATOR coMM I DEV. ANX E ',aRO E rrAL SVCS. V..~/-! 2/EX SUMMARY/RVB2~ DATE DAT~ DATE BEC 0 AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNI~ DEVELOPMENT SERVICES DMSION OCTOBER 13, 1997 PETITION NO: V-97-12, SEACP,.EST SCHOOL OWNER/AGENT: Agent: Owner: Mr. Alfred W. French 649 Fifth Avenue South Suite 211 Naples, Florida 34102 Seacrest Country Day School 7100 Davis Boulevard Naples, Florida 34102 _REQUESTED ACTION: This petition seeks a 6 foot height variance from the required 30 foot maximum height limit in the Estates Zoning District to 36 feet to allow for a proposed Resource Center building. GEOGRAPHIC LOCATION: The property fronts upon the south side of ..'Davis Boulevard and opposite the Berkshire Lakes PLqD, in Section g, Township $0 South, Range 26 East. (See illustration following page). pURPOSE/DESCRIPTION FOR VARIANCE: The purpose of this petition is to seek relief from the required maximum height limit of thirty (30) feet to 36 feet to allow for the construction of a proposed Resource Center building as part of the Seacrest School building expansion program. The subject site currently contains an existing private school that w~ first constructed in 1986. The Board of Zoning Appeals existing school approved a conditional use on June 24, 1997 to allow for the expansion of thc onto the remaining undeveloped land. Subsequently, a site development plan wa conforming building heights. However, to improve the architectural appe~ranc~ the Resource Center building was red~igned with a hipped roof and clock tc 1 of tha~/ wet which will DF.O 0 9 1997 ..... iii lllllili ........................... I IIIIII ....... I ~ ,, ~jOc~ .0-.0; 0 0 {3£tZ 0 9 ~997 serve as a focal point of thc proposed expanded campus. The hipped roof design is intended to complement both the existing and the proposed buildings. The additional 6 feet in height is needed to obtain the proper roof pitch to compliment the scale of the proposed building. However, the surrounding campus buildings will all conform to the 30 foot height limit. Since the proposed ResotLrce Center building is located in the middle of the property (approximately 107 feet from thc east property line), the proposed increase in height will not result in a structure that will overlook the adjacent properties. The criteria for measuring the building height for a hipped roof is defined in the Land Development Code as follows: The vertical distance from the first finished floor to the mean height level between the eves and ridge of gable, hip, and gambrel roofs. Rooftop r~-a-eational space, mechanical and/or air conditiordng equipment and accessory facilities (clock towers) are exempted from the limitations established for measuring the height of buildings. As shown on the aRached building elevation, the building height is 36 feet while the overall height including the clock tower is 50 feet. SURROUNDING LAND USE AND ZONING: Existing: The site is partially developed with a private school and is zoned and is zoned "E" Estates. Sarrounding: North- Developed residential; Zoned: Countryside PUD. East - Developed residential; Zoned Falling Waters PUD. West - Vacant, Zoned Estates. South- Unity Church; Zoned Estates. The requested variance does not have any impact on this property's consistency xvith the County's Growth Management Plan. EyALUATION FOR ENVIRO~ INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines :o be~ Commission in making a determination. Responses to items in this Subsection :z tiEC 0 '1997 I:'~o ~ Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, the subject building is located within the existing Seacrest School campus which is located on a platted lot that is long and narrow. The peculiar lot shape dictates the arrangement of the various buildings along the center courtyard axis. In order to provide a unified architectural design and a focal point to the design of the campus, it is necessary to design the Resource Center building with a hipped roof. The additional 6 feet in building height is only for the Resource Center building and only applies to a small roof area that comprises only 1,600 square feet. Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, the pre-existing parcel is long and thin, thus limiting the area for expansion. The resulting building envelope is unusually small to construct all the required school additions in a Iow and open plan. Therefore, there is a need to construct a taller central building to serve as a focal point for visitors and students. Furthermore, this narrow parcel was not created by the applicant. Lastly, the Estates zoning district provides for a 30 foot maximum height limit that is primarily intended for single family homes. The conditional use that was approved earlier this year only concerned the expansion of the non-residential school use and placement of buildings on site. Therefore, the petitioner could not address issues of building height at that time. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The Re.~ource Center is designed to serve as a focal point to the existing and proposed school campus. A two story building is needed to meet size, space and program requirements of the school. In addition, a fiat roof building would not be architecturally compatible and would also be out of scale with the other campus buildings. The petitioner states that it would be an extreme hardship to redesign the existing and proposed buildings to accommodate the loss of space and change in the architectural concept of the campus that uses the Re~.:,mrce Center as a focal point. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the petitioner is only seeking the minimum amount to allow the hipped roof that supports a clock tower cupola which is architecturally compatible with the surrounding buildings. DEC 0 1997 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of the requested variance will allow for an increase in the maximum building height limit, however, all height variances effectively do this. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare'?. It is staff's opinion that the granting of this variance will not be in keeping with the general intent and purpose of the Land Development Code. However, it is unlikely that any detriment to the public welfax¢ would result from its approval since the proposed 6 foot height variance is only for the Resource Center building that is centrally located on the lot and is over 107 feet from the east property line and 132 feet from the west property line. As a result the proposed variance will not have any adverse impact on the circulation of light and air between structures. Therefore, the granting of this variance will not be injurious to the neighborhood. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, there are physically induced conditions such as the central location of the Resource Center and the arrangement of other school buildings around a court yard that provide a campus like setting. As a result, the building serves as a focal point and architectural centerpiece to the school. Since the proposed height increase is only for one building that is centrally located on site, there will be no adverse impact on the circulation of light and air between s~ructures on adjacent properties. In addition, the project provides ample landscaping and buffer areas around the perimeter of the property. Will granting the variance be consisteat with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Gro'~th Management Plan. STAFF' RECOMMEN_D. AILQ~ That the Collier County Planning Commission (CCPC) recommend approval of Petition V-97-12 being a petition seeking a 6 foot variance to the maximun~ height limit of 30 feet to 36 feet for property described in the Resolution of Adoption. 1997 PREPARED BY: R~'~ELLOWS PRINCIPAL PLANNER REVIEWED BY: ~ PLANNING SECTION . DONALD W. ARNOLD, AICP, DIRECTOR. ~'NCENT A. C,~_FrERO, ADMINISTRATO COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number V-97-12 Staff Report for November 6, 1997 CCPC meeting. to- iq ..?7 DATE DATE DATE ' DATE COLLIER COUN'IW PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN V-97-12/STAFF REPORT/RVB/rb DEC 0 O I997 q PETITION NO. PROJECT PLANNER VARIANCE PETITION (VARIANCE FROM SETBACK(S) 9 ~Y -1 "' SEP 2.9 Igg/ ~' DATE PETITION RECEIVED (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME PETITIONER'S ADDRESS AGENT'S ADDRESS SEACREST COUNTRY DAY SCHOOL 7100 Davis Boulevard Naples, FL 34104 TELEPHONE 793-1986 649 Fifth Avenue Southr Suite 211 Naples, FL 34102 LEGAL DESCRIPTION OF ~UBJECT PROPERTY: SUBDIVISION - SECTION ~ TWP. (If legal description is lengthy, i.e. metes & bounds description, attach additional page) See legal description attache{ CURRENT ZONING OF SUBJECT PROPERTY Cond. Use, Estates Zone TELEPHONE .263-7150 LOT(S) BLOCK(S) EXISTING LAND USE ON 'SUBJECT PROPERTY ~DJACENT ZONING & LAND USE School ZONING LAND USE ., N PUD ~m,3ntrys~de S E/PU Unity Church E PUD Falling Waters W E Vacant FRONT: SIDE: REAR: .MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY 75' CORNER LOT:~YE~, (CIRCLE ONE) 40' E, 30' W WATERFRON LOT:~YE~ (CIRCLE ONE) 75' DE0 0 ~ i997 ~TURE OF pETITION provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce f~ont setback from 25' to 18'; when property owner purchased pIopertY; when existing principal stIuctuze was built (include building permit numbe~ if possible); why encroachment is necessary; how existing encroachment came to be;. etc. · va ' a~ 'v · - u' w wi rmcm mn b 'n~~~~- ' r. c d' ' i m m Cu · The Ow~ e ~_$_9A~ a u th~ fir~ ~chool bu%ldiDa in ~986~ i D v m ~ a ~. E ra ' b a a a d z d ar hi a m m n t _______h~Q~~ · ' b m w D_.2:12), which is not - h wn d aw' Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional AGE M pages if necessary.) "o. ~,,,~ DEC 0 9 1997 ,,..11 Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, oz building involved. 7709 proposed Resource Center is sited in the middle of _ the propertY, approx. 107 feet and 132 feet frqm ~h~ ~ast an4 wpst property lines respectively. A variance is reo~ested only for the roof of this building - not the 9%her buildings in the campus. Thus the area of roof penetrating the 30 ft. envelope is less than 1.600 s.f.! Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. ?~opertY is long and ~b~n, thus limiting the area for expansion. The Resource Center, however, is located approximately in the middle of the site. The proposed .~tructures have considerable setbacks from nei~hborin~ .._ propertY, and should not be v~sible at all from Davis Blvd, Will a literal interpretation of the provisions of this zoning code work unnecessary and the undue hardship or create practical difficulties on the applicant. Yes, It ~ill result in a building which is different ~han, and out scale with, the ~xistinq buildings at the $¢hool. A two story building is needed to meet proqram will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. YP~. Qn~Y a va~ia~g~ ~Qm ~h~ cur~nt height ~estriction is recruited for the roof of the Resource ~enter. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Not that we are aware of, The proposed variance does not al't~r the use. increase the student capacity, or_ mpdif¥ the ~ize of the prOPOSed expansion program. - The newly permitted Site Development Permit (1997) has 9stablished those limits. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. Tb~s is a compatible and harmonious ladd use. The proposed buildings, especially the new Resource Center w~h its clock tower, will make an attractive settinG. ne public welfare should be enhanced, Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Yes. New landscaping along Unity way add a napu~a~ preserve just east of the proposed Resource Center will e~fectivel¥ ~minish its visibilitY, will granting the variance be consistent with the growth management plan. ¥¢~. A~lowing this private institution, which is an asset ~9 ~he cQ,~,unitv, to be as attractive a~ possible i~ consistent with ~he Growth management DlaP, AGE, ,,ITEM_. DEC O 1997 Mr. Alfred W. Freach ltl, AIA, AICP Altred French and Assoctales inc. 649 Fgth Avenue South Suite 211 Var~ Petition Seacrest Country Day School Dear Mr. French: This letter will authorize you to act as agent in behalt ol Seacrest School for the proposed Collier County Vm-iance Petitlo~. It is my understanding that the variance is requested to increase the aJk:~we, ble height o~ the Resource Center, in accordance with the proposed etevatior~ prepar~ by your firm. These were mvlewed by the Board Septembe~ 24, 1~97. To the best of our know~ and belief, the inform~tion furnished in this petitioa is honest and true. Seacmsl Country Day School DEC 0 1997 AFFIDAVIT ; .... ' I, gq~= bOu~~~4~O~'being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further pea--mit ~C~ F-~t~;~(.44 to a~:~'~ "~. (AGENT'S N~) representative in any matters regarding this Petition. State of Florida County of Collier The foregoing Agreement Sheet was acknowledged befo4~e me this , who is-De~$onally known to me or who nas pro -- ~,I~NATURE OF CWNZK as identification and who did (did not) take an oath. State of Florida County of Collier (Si' GLORIA J. THOIIA OF AGENT The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by --, who is personally known to me or who has produced as identification and who did (did not) take an oath. .) (Signature of Notary Public) VARIANCE A~PLICATION/md 5 NOTARY PUBLIC Commission ~ - - My Commiss~ on ~~> DEC 0 9 1997 '' ' I RESOLUTION NO. 97-__.__ RELATING TO PETITION NUMBER V-97-12, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA- WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102} which establishes regulations for the zoning of particular geographic divisions of the county, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6-foot variance from the required 30 foot maximLun height allowed to 36 fe~t as shown on the attached plot plan, Exhibit "A", in an "E" Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangeme have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier county; and WHEREAS, all interested parties have been given opportunity to ~e heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier county, Florida, that: The Petition V-97-12 filed by Alfred W. French, of Alfred French & Associates, Inc., representing Seacrest Country Day School, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 6-foot variance from the required 30 foot maximtun height to 36 feet as shown on the attached plot -1- DEO 0 9 1997 plan, Exhibit "A", of the "E" Estates zoning district wherein said proper~Y i~ located, subject to the following conditions: 1. The 6 foot height variance is only for the s~ructure depicted on the attached plot plan. BE IT RESOLVED that this ~esolution relating to Petition Number ¥-97-12 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. , 1997. Done this day of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~IMOTHY L. HANCOCK, Chairman Approved as to Form and Legal sufficiency: M~rje~rie M. Student Assistant County Attorney -2- DEC 0 9 1997 .0- .0-.C£ 0 o !t!/ :! {'~!! -'_ ;ll}l il & & "/ E EXHIBIT "A" DEC 0 ~ i997 ~,.. /.~:,~ I F-C-_.-AI '--qC IDTION THE fAST HALF O? THE WEST u,, r 0." THE NORTHW-'EST QUARTER OF .. NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER C0gNTY, FLORIDA, LESS THE NOR~ TS.00 F~ET ~[R[OF FOR ROADWAY, BEING MORE RARTICU~ARLY DESCRIBED AS FOLLO'~: COMMENCE AT ~E NORTH~ST CO~NER OF SEC~ON 8, TO~SHI~ 50 SOUTH~ RANGE 26 EAST, COLLIER COUNTY, FL0~IDA, THE SAME BEING A POINT THE CENTERL!N~ 0F DA~S BOULEVARD, A 150.00 FOOT RIGHT-Of-WAY; THENCr RUN N. 89'56'07" E., ALONG THE NORTH LINE O~ ~[ NOR~ST QUARTE~ OF SAID SECTION 8, FOR A DISTANCE OF 2557.74 FEET TO NORTH ~," - ~.A~TER CORNER OF SAID BECKON 8: ~HENCE RUN N. ~., ~LONG T~E NORTH L~NE OF TH~ NOR~AST QUARTER OF SAID SEC~ON E AND ALONG SA~D CEN~RLINE, FOR A DISTANCE OF 3~2.02 FE~T TO A POINT ON THE ~ST LINE OF ~E EAST HALF OF THE Y~ST HA~~ OF THE NOR~ST QUAR~R OF THE NOR~EAST QUAR~R OF SAID SECTION 8: THENCE RUN S. OO'47'G6" E., ALONG SAID '~ST LINE, FOR A DISTANCE OF 75.0: FEET TO A POINT 75.00 FEET SOUTH 0F AS MEASURED AT RIGHT ANGLES T0 THE NOR~ LINE OF ~E NORTHEAST QUAR~R OF SAID BECKON 8, SAID POINT ALSO BEING THE FOINT 0F BEGINNING OF ~E PARCEL OF ' ','~ HEREIN DESCRIBED: 7~ENCE CONTINUE S. 00'47'~6" E., ALONG SAiD WEST L'.NE, FOR A DISTANCE OF ~2~2.91 FEET TO A POINT ON THE SOOTH LiNE OF THE NOR~H~ST QUAR~R OF THE I,JO~HEAST QUARTER S~'D SECTION 8: THENCE RUN S. 89'49'00" [, ALONG SAID SOUTH _~NE, fOR ; D:STANCE CF ~2.7~ FE~T TO A ~OINT ON THE ~AST L:N[ -~: ¢,'E~T ~ ~F O~ T'~E NOR~N'~ST O~'A~R O~ ~E NORTHEAST E~.D S~CTION ~: THENCE ~UN N. 00'49'2g" W.. A_ONG SAID EAST 70~ ~ D'STA~,CE Or '284.57 ~[T TO · ~O[NT LV:NG 75.00 FEET SObT~ ~S VEASU~D ~T RIO~T ANGL~ TO ~E NORTH ~,N~ OF THE NORTHEAST C'L ARTE~ OF SAID SECTION ~: T~ENC~ RUN ~ ~9'5~'5&" W., PARALLEL W,T- S~.: ',CRT~ ~'.NE. FOR A D;STANCE 0F 332.06 FEET TO THE ~r =:~;,~NIN~, 20HTAiNiNG 9.79 ACRES MOR~ OR LESS. EXgIBIT 'B' DEC 0 ? 1997 RECOMME~DATION TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER A~D SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "STELLA MARIS" OBi, To grant final acceptance of "Stella Maris" CONSIDERATION~ 1. On November 7, 1995, the Board of County Commissioners granted preliminar~ acceptance of the roadway, drainage, water and sewer improvements in "Stella Marls". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT, The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. ~.ROWT~{ MANAGEME_NT IMPACT, None Executive Summary Stella Marls Page 2 ~ECO~KENDATION~ That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Stella Marls" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date Engineering Review Manager Donald W. Arnold Planning Services Director Vincent A. C~utero~Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Date JRH:ew DEC 0 9 1997 PI. ~ 1 2 3 4 5 6 7 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. 97-~ RESOLD'rlON AUTtIORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. WATER AND SEWER IMPROVEMENTS IN STELLA MARLS, RELEASE OF TI~ MAINTENANCE SECLrRITY, AND ACCEPTING TIlE MADCTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, t~ Board of County Commissioners of Collier County. Florida, on November 7, 1995, approved the plat of Stella Maris for record~g; and WHEREAS, the developer has constructed and maintained the roadv.'ay, draiaage. water and sewer improvements in accordance with the approved plans and specifications and as required by the Land D~vclopment Code (Collier County Ordinance No. 91-102. as amended); and the Utilities Standards and Procedures Ordinance (Collier County. Ordinance No. 97-17, and WHEREAS. the dcvclo~r has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS. the Compliance Services Section of the Development Services Department ha~ inspected thc roadway, drainase, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BO.M:LD OF COUN'rY COMMISSION'ERS OF COLLIER COL,'N'rY, FLORIDA. that final acceptance be granted for those roadway, drainage, water and sewer improvements in Stella Marts. and authorize thc Clerk to release ~c maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept ~`' future maintenance and other ancndant cost~ for the roadway, drainage, water and sewer improvements that are not required to be maintain~ by the homeowners association. This Resolution adopted after motion, second and majority vote favoring sa;--,'. DATE: ATTEST: DWIGHT E. BROCK, CLERK CHAIRaMAN BOARD OF COb.'~'l~' CO.XL',IISSIO),'ERS COLLIER COUN'TY. FLORIDA By:. TIMOTHY L. 1-Lad~COCK, 44 45 46 47 48 49 51 5:) 53 55 Approved as to form and legal 56 sufficiency: 5g H¢idi F. Ashton Assistant Collier County Attorney DEC 0 9 1997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A PERMIT FEE WAIVER FOR A SPECIAL EVENT TO BENEFIT THE BOY SCOUTS OF AMERICA TROOP 274. OBJECITVE: To approve the $75.00 special event temporary use permit fcc waiver, as requested by Terrance Kepple, on behalf of BSA Troop 274. CONSIDERATIONS: On D~crnbcr 2, 1997, Mr. Kcpple r~u~-tcd that the Board of County Commissioners waive the $75.00 permit fcc associated with the Boy Scout troop fund raising special event. The antique and classic car and truck show is an annual fund raiser for thc troop and is scheduled to be held on December 13, 1997 at Sam's Club. Mr. Kepple indicated in his presentation that this is the third consecutive year that the troop has requested the fee waiver. The Board has previously approved a fee waiver for this event. FISCAL IMPACT: Funds for the $75.00 permit fee are available in General Fund Reserves 001-919-010 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends that the Board of County Commissioner's exempt Boy Scout Troop 274 from the permit fee and direct staff to process a fund tra~fer in the amount of $75.00. Prepared By: Donald W. Arnold, AICP Planning Services Department Director Date ' / Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division DEC 0 91997 PI- ~ BSA I TROOP 274, YMql)ERBILT PRESBTrERIAI CHUR November 18. 1997 Robert Fernandez Courtly lviaaagcr Collier County 3301 E. Tamiami Tr. Naples, FL Re: Boy Scout Troop 274 V~derbil! Prcsbytcrian Church Dear Mr. Fernandez 721 I09~Av~.N, Naples, FLiR108 (.94D598-2r~' wk403-17801 Troop 274 I~s scheduled uheir 7th Annuat Antique and Classic Car Show for Se :urdsy. l~c. 13, I~7. For ~hc third s~ighi year lhc cvcni ~ll ~ held in ~c S~'s C1 p~king !ol off lmmokalee Rd. As in the pas{, ail pr~ will ~ u~d ~s~ or--ping equipment and regis~ralion fees for s~mef camp. As in the p~ ~ are gques~ing ~he Bo~d of Co~ Commissione~ waiv~ Events ~it fcc of S75.00 I ~s~ctfuily ~k lhat ~ou schedule ~is requesl ~o~ Bo~d of Co~' Commissioners at the c~licst ~ssiblc t~me. I Mvc cnci~d ~ co~ of this ycm cn~ s~hcauon ~d flycr, for your info~ion. you hsvc Shy qt~gions, picsse ~11 mc .~ 40~.17~0, Sincerely, Terra.nee L. Kepplc S~u~nn.~er Troop 274 DEC 0 9 1997 P~. ~ FAG[ ~ 'll/: 1~97 15:$4 $414031787 '/th Annual Troop 274 Antique-Classic Car & Truck Show Saturday, December 13th, 1997 10:00 A.M.- 3:00 P.M. SAM'S CLUB Immokalee & Airpor~ Rd. Adv. registration - S10.00 ..... Deadline No~. 25th, 199'/ Gate registration - SlS.O0...Starti=g at 9:00 A.M. TROPHY CLASSES: 195 · ' Pre 0': clauics. SO's classics, 6064 clasfici & 6-r,--69, '/O's classics, taus le cars. Special interest, trucks, cora'et~es,.-~3-6./& 68.-present, mustangs 64..'/4 &iat f 4-.pr~ent. I Questions? Call 941.598-264'/ Free Admission for Spectators.....Refresh ents Name (Detach and Mail) Phc. ne Address (Street) (City) (ZiD) Year Make ' Model Class .Make checks payaable to: B.S.A. Troop 274 Mail check and form to: Terry Kepple. '/21 109th Ave. N., Ntple~, FL 34108 "?th ANNUAL TROOP__~4 ANTIQUE-CLASSIC & s oW SATURDAY, DECEM .BEI~ '~i 10:00 A.M. - 3-0..0 P'M' i SAM'S CLUB i '~'~.E ADMISSION FOR SPECT~TOP,.S _ Gate Registration For Exhibitors - $15[.00 Trophy Classes: Two classes for Corvettes & Mustangs, ol pre 50's, 50% 60- 64's, 65-69's, 70's, special m,..terest, muscle cars, & trucks ted b B.S.A.Troop 274- V,_anderbflt Pres yt Refreshments and Lun~te ': ~. '~" F°r M°r¢ Inf°rmati°n Call' (14 ~5~}~'1~47 1~ EXECUTIVE SUMMARY Authorize staff to reject the response from RFP 97-2724 ("Financial Audit/Solid Waste Collection Service Contractors") and re-bid using different specifications. OBJECTIVE: Reject response from RFP 97-2724 ("Financial Audit/Solid Waste Collection Service Contractors") because the single bidder did not address all items within the RFP and to re-bid using different specifications. CONSIDERATIONS: RFP 97-2724 ("Financial Audit/Solid Waste Collection Service Contractors") was sent to various vendors with only one responding. The RFP is for auditing the franchisees for District 1 and 2, the Solid Waste Mandatory Garbage. Collection Program. The RFP requested two (2) separate types of audits for both franchisees. One was to provide an audit of assets, liabilities, revenues, etc. The other was to provide a count of all units being served in the current contract and to establish whether they are served curbside or dumpster. A response from Schultz, Chaipei & Co., responded to the financial audit, but not the unit count audit. Staff is recommending rejecting this response and re-bidding. Staff would like to change the specifications and request that the potential bidders may bid on the financial audit or the unit count audit or both. Staff believes this will garner more responses. FISCAL IMPACT: Not applicable GROWTH MANAGEMENT IMPACT: Not applicable RECOMMENDATION: That the Board of County Commissioners rejects the response to RFP 97-2724 ("Financial Audit/Solid Waste Collection Service Co,ntractors") and approve staff to re-bid. PREPaREOBY /~'~~/~, K ~.~ : ' · DATE //' 4/'_ ~ T~resa A. Riesen, Revenue ManagedRSD Joh~ ~. Yonkosk.~[2ir~-ctor/RSD ~ Steve/C~ell, Director/Putrchasing David W. Russell, Dire~or/Solid Waste fid Ils~iner, ~blie Works Administrator DATE Il/~'/~ ? DATE ~,~??~7 EXECU. TIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO THE MASTER'S GROUP, INC. FOR. COCOHATCHEE EAST & WEST AMIL GATES REPAIR AND REHABILITATION, BID NO. 97-2752. --'- OBJECTIVE: To re~ive Board approval and award of a construction contract for repair and rehabilitation of the Cocohatchee East & West Amil Gates to the firm of Masters Group, Inc. of Clewiston Florida for $61,930 in ac. cordan~ with Bid No. 97- 2752. CONSIDERATIONS: The Stormwater Management Department has prepared ~etailed specifications and sketches calling for the repair and rehabilitation of two (2) Amil Gates located just south of Immokalee Road and east of the intersection of Goodlette Frank Road and Immokalee Road. The gates are sited in two different locations, approximately 1,000 feet apart. These water level control structures serve as primary salt water intrusion barrier facilities and connect with the Cocohatchee River. Over the years, these metal gates immersed in this salt water environment have deteriorated and are presently leaking beyond normal tolerances. The work to rebuild these 2 gates will involve repairing/repainting the gates and either repairing or replacing the side./bottom invert seals. Staffestimated that this work would cost $50,000. The bidding phase activities and results for this project are summarized below: !) The Project was advertised for bids on October 27, 1997 and invitations sent to 121 vendors. 2) A pre-bid conference was held on November 7, 1997. One contractor attended the conference which included an on-site inspection of the Amil Gates. 3) The bid opening was conducted on November 19, 1997 by the Purchasing Department Staff. Four bid proposals were received as tabulated below beginning with the lowest bid amount: TOTAL BID BIDDER __~ase + Alternate)___. Master's Group, Inc. $69,450 Douglas, N. Hi,gins, Inc. 73,900 .. Kelly Brothers, Inc. 85,000 - Thomas Marine Construction, Inc. 88,000 Engineers Estimate 50,000 Executive Summary "Construction Contract/Amil Gates" Page 2 The low bidder, Master's Group, Inc. was awarded the contract for the Haldeman Creek Amil Gate Repair and Restoration Project this past May, and performed the work in an acceptable timely manner. This new project is almost identical in nature, and the past professional working relationship formed between the Stormwater Department and the Contractor as well as. the technical knowledge gained on the previous project should insure the County of a quality job. FI$I~AL IMPAqYr; The Specifications for this project provided for the award ofbid to be determined on the basis of the ~ including Base and Alternate Bids. The Base Bid calls for r_e. gll.Q.0g, the side/bottom invert seals rather than just repairing them. The condition of the invert seals will not be known until the site is dewatered and the invert seals visible for inspection. The A_mil Gates may also need to have P-seals installed if a proper seal cannot be achieved after the Gates have been re-installed. The Purchase Order will be issued assuming the worst case scenario of the Base Bid only (557,530) plus Alternate Bid No. 8 for the P-seals ($4,400) or a total of $61,930. The best case scenario would involve r~pairing the invert se. als instead of replacing them and finding that the P-seals would not be needed. In this case, the cost of the project could be as low as $55,350. Selection of the appropriate base/alternatives will be made by the Project Manager once the structures are dcwatcred and inspected as prescribed in the contract documents. Funds in 001-172930-634999-0000 (Other Contractual Services) are sufficient to cover the worst case scenario of $61,930 in Aquatic Plant Control in the General Fund (001). GROWTH MANAGEMENT IMPACT: None Executive Summary "Construction ContracttAmil Gates" Page 3 RECOMMENDATION: 1) 2) That the Board of County Commissioner~: Award a construction contract to Master's Group, Inc. ba.~d on the worn ~ scenario amount of $61,930 ~ the lowest, qualified and responsive bidder. Direct the Board Chairman to execute the construction contract. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Stormwater Management Coordinator Jo~lnrl. l~oldt, P.E., P.S. . Stormwater Management Director Stephen'¥. Cm't~l Purchasing Department Dire.nor Ed Ilschner Public Works Administrator Date Date Date EXECUTi~E SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT BETWEEN COLLIER COUNTY AND CENTEX HOMES, INC. FOR ROAD IMPACT FEE CREDITS IN RETURN FOR THE DEVELOPER ACCEPTING STORM WATER RUNOFF FROM THE GOODLETTE-FRANK ROAD FOUR-LANE PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD (C.I.E. 065). ~ To obtain board approval of a Developer Contribution Agreement (Attachment No. I) vdth Centex Homes, Inc. to provide road impact fee credits in return for Centex accepting the roadway storm water runoff from the future four-lane project for Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road (C.I.E. 065). CONSIDERATIONS; The Collier County Road Impact Fee Ordinance, Ordinance 92-22, as amended, provides for the establishment ora road impact fee credit (Section 3.06) in return for the donation of land or other related appurtenances necessary for the implementation of Transportation Capital Projects listed in the Capital Improvement Element of the Collier County Growth Management Plan. Centex Homes, Inc. is the developer of a portion of the project originally rezoned as "The 300-Acre Goodlette PUD". A portion of that project (north of Orange Blossom Drive) was sold to Touchstone Communities, Inc. (the "Calusa Bay" prqject) and the remainder (south of Orange Blossom Drive) was sold to Centex. The Centex project is now known as "Autumn Woods". The Autumn Woods project is designed 'to accept the roadway runoff from the future four-lane project for Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road. The Goodlette-Road four-lane project will consist of paving, medians, sidewalks, bike paths and other roadway elements requiring about 13 acres of fight-of-way. This roadway project will require about three acres of land dedicated to detaining and pre- t'reating storm water runoff from the roadwc:y and its appurtenances. By routing the roadway drainage outfall through the Centex project, the County avoids the costs of procuring the additional la'ad and the construction of pipe and other facilities to convey the water to the drainage areas at the time the road is four-laned. Providing road impact fee credits to Centex in an amount equivalent to the avoided costs of the drainage facilities in advance of the proposed four-lane construction is prudent and ia the public interest. Staff has reviewed the proposed site plan and the Estimate of Probable Construction Cost provided by the developer's engineer and concurs with the estimate. Staff has also reviewed the valuation of the ~voided cost of the additional land for the drainage facilities and finds it to be reasonable and consistent with the fair market value of comparable ]and in the area. FISCAL IMPACT; The cost estimate (Attachment No. 2) places a value of $343,g83.42 on the land, improvements, engineering fees and permitting costs. The Road Impact Fee District One Trust Account (Fund 331 ) will suffer a loss in accruals in this amount; however, such loss is not anticipated to adversely affect the cash flow or liquidity of the funds in the account. The loss in accruals is offset by savings in project expenses because there is not a need to acquire land for vater management controls for the future Goodlette-Frank Road 4-Lane Project. There is over $1.5 million in available carry forward revenue to be appropriated in the Fund in FY 98. GROWTH MANAGEMENT IMPACT' Approval of this Agreement will be consistent with the Goals, Objectives and Policies of the Collier County Growth Management Plan with respect to providing capacity improvements to the County's arterial roadway network. RECOMMENDATIONS: That the Board approve the attached Agreement; authorize the Chairman to execute it on behalf of the Board; authorize Staffto proceed in accordance with the direction of the Board. q PREPARED B¥.'~~ Edward ~J. Kant, P~ REVIEWED BY~ REVIEWED BY: / ' . k DAT~: David l:.~Boban~k, Interim T~s~tion Semites Director ~tor, Real P~o~Te~y~~ REVIEWED Bye. ~,~.~.~ Ed llschner, Pu~'lic Works Administrator Attachments: No. 1 - Developer Contribution Agreement NO. 2 - COSt Estimate EXHIBIT 1 (Continued) Golden Gate Parkway Golden Gate Parkway/Naples High School/Coastland Mall Golden Gate Parkway/Bear's Paw Trail Golden Gate Parkway/50th Strtet Southwest Golden Gate Parkway/Tropicana Boulevard Golden Gate Parkway/Coronado Parkway/West 47 Street Golden Gate Parkway/Sunshine Boulevard Davis Boulevard/Shadowlawn Drive Davis Boulevard/Lakewood Boulevard Davis Boulevard/Kings Way Davis Boulevard/County Barn Road ./' DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT {hereinafter referred to as the 'Agreement') is made and entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as 'County") whose mailing address is 3301 Tamiami Trail East, Administration Building, Naples, Florida 34112, and CENTEX HOMES, a Nevada general partnership, its successors and assigns (hereinafter referred to as 'Developer') whose mailing address is 6702 Lone Oak Boulevard, Naples. Florida 34109, and Centex Development Company, L.P. (hereinafter referred to as 'CDC"} whose mailing address is 151 Southhall Lane, Suite 230, Maitland, Florida 32751. RECITALS: WHEREAS, the future four-laning of Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road is listed as C.I.E. Project No. 65 under the Transportation Element of the County's Comprehensive Plan. Goodlette-Frank Road, C.I.E. 65, is within the current Five Year Work Program and, from a permitting and cost management perspective, it is prudent and in the interest of the public for staff to initiate and complete the construction of storm drainage outfalls from Goodlette-Frank Road advance of the roadway construction from Pine Ridge Road to Vanderbilt Beach Road. WHEREAS, Ordinance No. 95-8, the Three-Hundred Acre Goodlette Planned Unit Development, was approved by the Board of County Commissioners on February 1995; and WHEREAS, Developer and CDC, collectively, are the Owners (herein so called) the owner of the property described in Exhibit "A", which is attached hereto and made a part hereof, {hereinafter referred to as the "Property"); and WHEREAS, Ordinance No. 95-8 requires that the Owners shall grant an easement associated with the improvements to Goodlette-Frank Road across the Owner's property for the purpose of conve'/ing and pre-treating storm water runoff from the C.I.E. Project 65; and WHEREAS, Owners shall receive Road Impact Fee Credits pursuant to Ordinance No. 92-22, as amended, for constructing the storm water outfalls; and WHEREAS, it has been determined that THREE HUNDRED FORTY-THREE THOUSAND, EIGHT HUNDRED EIGHTY-THREE AND 42/100 {343,883.42) DOLLARS. is the certified cost estimate prepared by Wilson, Miller, Barton & Peek, Inc., the Developer's Engineer {Exhibit B}, for the Developer to construct the storm drainage outfal~s from Goodlette-Frard,, Road through the project to the east property line and the Developer's ultimate outfall to the Gordon River drainage basin; and WHEREAS, all parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run with the property, and shall be reduced by the amount of the Road Impact Fee due f,;r each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed; and WHEREAS, all parties to this Agreement acknowledge Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which Developer is responsible in connection with the development of the =roperty; and WHERE,~S, such proposed plan is in conformity with contemplated improvements and additions to the transportation network; and WHEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the transportation network; and I ....... '- , I L IPA ._ z. _ 2 WHEREAS. s~.h proposed plan, viewed in conjunction with other existing or proposed plans, will not create I detHmenlsl imbalance between the arterial and cotlectcr roadways; end WHEREAS, the proposed plan iS consistent with the public interest; end WHEREAS. ell parties to this Agreement acknowledge that the failure o! this Agreement lo address any permit, co~dition term cr restriction, lhei~ not relieve lny pMly, or their successcrs, el the necessity o! complying with any law. ordinance, rule cr luOtdetion govorl~f~ auld pormitlh~ requirements, conditions, terms or restrictions; and WHEREAS, ell plrties to this Agreement acknowledge thet the bufdena end benefits of this Agreement shaft be binding u~on and shill inure tO the successors in interest to the parties to this Agreement; end WHEREAS, ell parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Development Agreement Act. WI-I£REAS, Developer and CDC have entered into em agreement wherein DeveiOl:)cr has agreed to buy, and CDC has agreed to sell. the portion of the Property owned by CDC, which shall be conveyed to Developer: and WHEREAS. it is the intention end agreement of CDC and Developer that D~veioper shall be primarily responsible for construction of the storm drainage outfeils herein described, and, provided that Oeve!oper constructs such storm drainlga outfalls in compliance with this agreement, the Road Impact Fee Cr4dits herein described shell inure to the exclusive use end benefit of Developer, even if s portion of such storm drainage outfsll structures are constructed upon portions of the Property owned by CDC. WlTNESSETH: NOW, THEREFORE, for end in conaidarltion of the premises and respective undertaking of the parties hereinafter set forth and the sum of TEN ($I0.00! DOLLARS, end other good and valuable consideration, the receipt end sufficiency of which era hereby mutually acknowledged, it il agreed by end between th~ parties as follows: 1. The above recitals are true end correct end are herewith incorporated part of this Agreement. 2. The Developer shall templet[' ;he construction of the storm drainage outfalle from Goodlette-Frenk Road to the Gordon Pi-er drainage basin on or befcre October 1, 2000. u~less such date is mutueP~' extended, In writing, by both parties. In the event the Dtveloper'e facilities ere not completed by that date, it shall bo the responlibility of the Developer to construct a suitable drainage outfall without any additional cost to the County. Unless the date described above ia extended in writing, then any construction after October 1, 2000, shall not be entitled to toad impact fee credits. Partial construction of iny one of the three drainage areas will also not be entitled to I road impact fee credit. DeY~lo~)er agrees to grant drainage easements necessary for the storm drainage crJtfeil construction, in accordance with the pleating requirements of Collier County. 3. In exchange for the storm drainage outfeil construction as noted above. the developer shall be entitled to a Road Impact Fee Credit for the total value of the Improvements. which shall not .txceed $343,B83.42. The total value of the improvements will be divided into three |31 drainage areas hereby labeled G.1, G-2 and G-3, corresponding with end aa fu~her described in the Engineer's Esl. amirs labeled Exhibit B-Page schematic drawing libeled Exhibit B-Page 2 of 2. G-I is fu~her by itetloning points baaed on the center line of Orlnge Blossom Road as -- Station t/38+20 through 857+20 end drainage area G-2 Is furthe~ ,3-.--. DATE: 'VL Cn~-s' (Stinicurl) (L~r~nc or T~pe) Witness (Signature} Name: (PHnt or Type} Approved es to form and legal aufficlency: id~ F. Ashto~, Ass}trent County Attorney CENTEX HOMES I Nevada generel plnnerlhip By: Centex Reel Estate Corporation · Nevlde Corpo~ltlo~ ay: TtM6THY J. RUEMLER Division President AND CENTEX DEVELOPMENT COMPANY, L.P. a Delaware limited partnership By: 3333 De, velol~en~:orporltlon ,,: 7Y/ ~E'LLS~WE RS Attorney In Fact 3 described as Station #20+ 10 through #38+20. Drainage area G-3 is further described as Station #0 +,50 through //20 + 10. The parties agree that the amounts associated with each area shall be made available es Transportation Impact Fee Credits to Developer upon the completion of the storm drainage outfalls of each of those specific drainage arees, The three 13i drainage areas are hereby estimated to be valued es follows: G-1 = $140,045.89 G-2 = S100,257.92 G-3 = $103,579.61 These amounts will be available upon the certification of construction of each drainage area, and the receipt by the County of the total value of the improvements, certified by a professional engineer, registered in the State of Florida, as being true and correct. Notwithstanding any of the above, the aggregate total cost of improvements of the three (3) drainage areas for which impact fee credits are available shall not exceed $343,883.42. Developer shall retain adequate records and supporting documentation which concern or reflect total project cost of the improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five [5) years from the termination of this Agreement. 5o Effective as outlined above, until development of the Property is completed, or until the balance of the Road Impact Fee Credit has been reduced to zero {0) the County shall apply portions of the road Impact Fee credit toward the Road Impact Fees which the Developer is required to pay for each building permit which is applied for on the Property, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit so issued. County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of Exhibit C (Road Impact Fee Cre¢it Ledger). shall serve as the ledger shuet to document Developer's balance of Road Impact Fee Credits, With each building permit issued on the Property, the County shall subtract from the Road impact Fee Credit balance the amount of Road Impact Fees appropriate to that particular permit and shall enter the new balance in the ledger column labeled Impact Fee Credit Balance. Next to this new credit balance, both the County Official issuing the building permit and the Developer's Representative applying for the building permit shall print and sign their names. Developer acknowledges that the donations or ,~ontributions contemplated under the Agreement shall be construed and characterized a.~ work done and property rights accuired by a highway or road agency for th~ improvement of a road within the boundaries of a right-of-way. 9o 10. County shall record this Agreement in the Public Records of Collier County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners. Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for enforcement of the Agreement. 11. This Agreement may be amended or canceled only by the mutual consont of the parties to the Agreement or by their successors in interest. 4 12. This written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no prior to contemporaneous written or oral agreements, understandings promises, warranties or covenants not contained herein. 13. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one Agreement. 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. 15. The parties acknowledge that Developer may transfer and assign Road Impact Fee Credits to any other proiect of Developer or a related entity for any building permit with respect to any property located from time to time within Road Impact Fee District No. 1. 16. Developer hereby covenants and agrees to indemnify CDC from and against any and all costs and expenses of every character arising from, or incidental to, the performance of this agreement, including, without limitation, all costs of construction of the storm drainage outfall structures, and CDC hereby conditionally assigns all of its right, title and interest, in and to, any and all Road Impact Fee Credits arising from the performance of this agreement by Developer. Notwithstanding the foregoing, CDC shall retain all right, title and interest in all Road Impact Fee Credits arising from CDC's performance of this agreement in the event of Developer's default. 17. The County acknowledges that although the rights and obligations herein described shall run with and burden the Property, and shall be enforceable against Developer or CDC or their successors or assigns, the exclusive right to receive credit for the Road Impact Fee Credits herein established, shall be a personal right of the entity whose funds pay for construction of the storm drainage outfall structures, and, if more than one entity constructs a portion of the storm drainage outfall structures, the County will award Road Impact Fee Credits to each entity so performing in the amounts expended by such entities for construction. No successor in title to any' portion of the Property who does not pay for construction of a portion of the storm drainage outfall structures shall be entitled to exercise the right to any Road Impact Fee Credits unless such rights ere duly assigned to such successor in title by a party entitled to exercise the same. Notwithstanding the foregoing, the County shall not award Road Impact Fee Credits exceeding the amount set forth herein in the aggregate. IN WITNESS WHEREOF, the County and the Owners have caused this Agreement to be signed on the day and y~.ar first written above. AS TO cOUNTY: DATE: ATTEST: DWIGHT E, BROCK, Clerk BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman WILSON, MILLER, BARTON & PEEK., I'NC. All t~at part of Scctlo~ 3 and 10, Township 49 South, Range 25 East, Collier County, Florida and bein8 more particularly dcscrrocd es follows; B£GINhTNO at the not,.~east cornet of said Section 10; thence aloft8 thc east line of laid Sca,Jarl I0, Sout~ G0'3.~'.~8' ~st 2629.71 feet to the cast 1/4 corner of sald Section 10; thence continue tloflI said east line, South 00'46'24' Fast 239.12 feet; then,to laavlnl raid line, South 89'29'$7" West 2221.40 fact to e p'.:nt on the easterly rtght-of-w=y Eno of?rank Boulevard (C-851) recorded tn ?Sat Book 13, p.'qe 58, Public Records of Cailler County, Florida: O~ence along said lite, North 07'06' 13' East $666.85 feet :n P. :~oln: on ~a .,out.hotly linc of On.n~e Blossom Drive, recorded in Offichl Record f~oo'~ 1314, l~.:ae ~766 ~774, CoIHcr Count,, thence alan8 sald lL~e In t~,¢ following four (4) described cours;s; 1) easterly and ~"r~e~sterly 638.79 feet alan8 thc ar~ of a t~o.'~.tznger, tlal c~cular c~t~e conca'~e '.o t?,e t~orthwest, havln= a radius of 610.00 ac:et, tEtough a central angle of 60'00'00' :~nd being sub:ended by a char:: whl,'h bears North 67'06'13' East 610.00 feet to, a point of reverse curvature; 2) nor~easterly and ~stetly 660.~9 fee: along th'. arc of a circular curve concave to the sout~, herin3 a radius of 5~5.00 feet, t.~tough a cemrel angle of 67°00'00" and being subtended by a chord which bears Nor~ '/0'36'13' East 623.69 feet to a polar of reverse ~rvature; 3) easterly I~1.59 feet alan8 the arc of e circular curve concave to the north, herin8 a ndlus of 72;..$$ feet, t~toulh a central angle of ]4'25'10' and beln= subtended by a chord which beats South 13'06'22" East 181.11 feet; 4) algal t ta~fenthl line, Nort~ 89'4 !'03" East 89.47 feet to a point on the east of said Section 3; thence ,lon~ said line, SouLh 01'18'10' East 3!59.29 feet to ~e Point of Begfm'~ng of the parcel l~reln describ:',3; contaL'~g 245..'7~ acres more o: less; subject to easemenu I~d res,tlc,tom of record; beat~as are ba~.d on the ea:t line of Sec,ton 3, betn~ Sou:.h 0:":~1'10' East. WILSON, ),G'LLER, ]~ARTON & ?EE~, INC. ~arcus I. Bcrmin, P.L.,,e. #.~086 Not v~ltd unless embossed v~ ~e ~:ofcss{o~zl's stzl. W.O. 33786 Reft 40-1035 sheet 3 of 3 ~:~ D~te: Septemb~ 19, 1994 Page 1 o~ 3 WILSON, MILLER, BARTON & PEEK, INC. ~al Description bc~n~ I ptn o~Se~don 10, To~s~p ~9 S~l~ ~ln~c 25 ~, Collier C~fltT, (CHURCH PARCEL) ~I ~h~r p~ o~Sccdcn 10. To~s~p 49 ~h. ~ngg 2~ ~sL Co,er Counl~. ~o~d~ bong mo~ p,~;~hrly described es tollo~: Co~cndng :t Iff: nonflc:~ comer o~sdd Se~ion ]0; thence along the ~st I;ne o~sa~d Section 10, South 06'J3'18" E~s12629.71 ~c~ Io lhe ~ 114 comer o~s:id Section 10; thence continue ~rong Ibc tis: fine otj~ld Section I0, South 00'x~'24" E~ 239.12 feet; ~hencc ~ei~ng Ibc czs: fine of sz~d Section 10, South I~'29'5r West 1200.90 ~c~ Io Iht Po~m thence condnu~ Sou~h 8~'29'5~ West 1020.50 fee~ to the e~erly Kghr~.~y fine Boul~rd (C-151) as recorded in ?Iai Book ]J, Pzce 51 o~the Public Records oFOolfier C~n:y. thence along sa;d easterly ~gfl/-o~.way J~ne ~onh 07e~'~ ~" Bast ]527.61 feet; l~ence lea~ng stld czstedy Hgt,-of. way ~ne South S?f3'4?' E~st 513.04 fee~; ~ence Sou[h 07'05'13" Wcsl 495.14 lflence S~h 47'0I';5" E~st JJ ].00 feet; ~flence South 20'51'21" %'cst 213.00 feet; thence S~th 0'*'0~'I~" West 248.7I t~cnc: Sou:h ~1 '2~'J0" Easc 374.00 ~eet IO l~t ?0~' Con~l~ 23.00 acres ~.ore er less. Sub~t~ lo cz scmen/s ~n~ rcstHck~ons c~record. ~0~, h~LE~ B~TON & PEE~[ ~C. Rcj~.crcd Engineers a~d ~nd Su~,o~ Not ~lid u~ess embossed ~:h l~e Prorcssionzl's ReE 20444:~ W.O. Page 2 o~ 3 ATTACHMENT NO. ,AaE Of ..?4 IATTACHMEN*[ PAGE i i i J ii iJ Jj I i fill Iii t I I i i Jl i Jl i ii!, JATTACHMENT NO. PAGE '7 / oF ~'/- EXHIBIT 'C' DEVELOPER'S ROAD IMPACT FEE CREOIT LEDGER II E~2"~4-19c3'7 12:4W~ ~ Ceflte;~ Ho.~s/'CT',< TO 14g'7-661~-2~'5 I, Joel Sowers, being first du!y sworn, depose and say that I am an At-uDrneyan-Fact of Cenzex Development Company, LP'.. ~ Delaware Limhed Partnership, the jobq: ow;let of'the p¢-openy dcs~ed here, in. On bahaff of the Centex Development Company, LP., Centex Homes, a~ A$~Tgnee, and ks Agent, W~lson, MelTer, Barton & Peek, Inc., ate authorized to act on our behalf S~ ob:alnJng a South Florida Water Marmgarnen: DTslzict Pen-nTt, aJong with other relgtad documerrrl, to al. nd for al~ agencies In regm-d to ~he sub~ect property. ' CENTEX DEVELOPMENT COMPANY, L.P. A Delaware Limked Partnership b-rATE OF FLOR/DA COUtaTY OF_ ~) (' r~,e,,? 'l'hl foregolng W~S aeEno~g~d before me by, ~ ~ona~ k~o~ to ~ ho~ ~odu~ ide~c~n; and W~d~~take an o~h. Signature of Notary Pubfi¢ Printed Name of Notar~ Put~c ;. My Camr/d~sfoa Expires: IATTACH E T "0. JPA( E. t' OF TOT~-&. CERTIFIED CORPORATE RESOLLrrlONS I, Betty N~Tnan, Assistant S~retary of Centex Real Estate Corporation, a corporation duly organized and existing under the laws of thc State of Nevada, do he~eb)' c~rtify that I have access to the recorcLs and minutes o£th~ proce~ings of the Board of Directors of said Corporation; that the resolutions set forth in the ~ attaclw, d hereto, initialled each page thereof by the Secretary or an Assistant Secretary of said Corporation for identification, and hereby made a part hereof, were duly adoptext by the Unanimous Written Consent of said Board of Dirtctors as of Nov~nba' 15, 1985; that said resolutions and the adoption thereof are consistent with the la,a;s of said State, and with the Articles of Incorporation and the By-laws of said corporation; and that said resolutions have not b~en revoked or amended and are now in full £orc~ and efl'~cL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Corporation this 24th day of January, 1996. On ~s 24th day of January, 1996, before me, a Notary Public, personally appea.,'~l Betty Newman who acknowl~g~ that she executed the above instrument. . [SEALI Notary Public in and for State of Text's. My commission expires: lo ATTACHMENT NO. PAC-E m / ~ OF KESOLVED, that the Chairman of the Board, the President, any Executive Vice PresMent and any Presider of the Corporation shall have authority limited to matters relating to the ordinary course of business of the Corporation; th.e Division Presidents, Division Vice Presidents, Division Managers and Division Controllers shall have authority limhcd to mat~ers relating to the ordinary course of business of the respective corporat~ division of which they are office's; and Project Managers shall have authority limited to matters relating to the ordinary.course of business of the Corporation relative to their projects; and further P,.E~OLVED, that the Chairman ofth~ Board, the President, any Executive Vic~ President and any Vice President oftl~ Corpc~tion ~ her~y each individually authorized on behalf of this Corporation, with respect m th~ operaticms of tl~ Cocpo~tion, to ex'ex~ut~ and deliver on behalf of this Corporation, in such cities, towns, villages, counges a:xi ~-~__te~_ whe~ tl~ Corporation d,:~es business and has opcafions, with or withouI · corporate seal, (i) applications, tentative and final subdivision plats and maps, development agreements and all other documents which sr~ rel~vant or incident to the development of real property in which-the Corporation has any interest, ('u') o:mlzacIs, deeds of convr~raz~ce and all other documents which are relevant to the sale and closing of the sale of'homes to ~ and ('gi) all other documents necessary or appropriate to accomplish the purposes of this resolution; and fi.trther RESOLVED, that the Division Presidents, Division Vice Presidents, Division Managers and Division Controllers of each of the Corporation's divisions are each hereby individually authorized on behalf of this Corporation, with reslXX~ to operations of the Corporate division for which he or she is an officer, to execute and deliver on behalf of th.is Corporation, La such cities, towns, villages, counties and states where such Corporate divizion does business and has operatio~ts, with or without a corporate seal, (i) applications, tentative and t'mal subdMsion plats and maps, development agreements and all other documents which are relevant or incident to the development or real property in which the Corporation has any interest, (ii) contracts, deeds of conveyance and all other documents which ar~ relevant to the sale and closing of the sale of homes to consumers and (iii) all other documents necessary or appropriate to accomplish the purposes of this resolution; and further KESOLVED, thai the Project Managers of this Corporation are each hereby individually authorized on behalt'ofthis Corporation, ,Mth r~pect to operations of the Corporation relative to the Project managed by such Project M~ger, to execute and deliver on behalfof this Corporation, in such city, town, village, county or state where such project ii located, with or without a corporate seal, (i) applications, tentative and f'mal subdivision plats and maps, development agreements and all other documents which are relevant or incident to the development of real property in which the Corporation has any interest, (ii) contracts, deeds of conveyance and all other documents which are relevant to the sale and closing of the sale of homes to consumers and (iii) all other documents necessary or appropriate to accomplish the purposes of this resolution. ATTACHMENT NO. / PAGE ~,,~ OF ...~' ~ CEKTIFICAT£ OF INCUMBENCY I, Betty Next. an, hereby ce~.ify that ! am the duly elected md incumbent Assistant Secretary of Centex Real Estate Corporation, a Nevada corporation. I further certify that the following individuals have been duly clec~ to, and currently hold, the respective ol'fices in said corporation set forth opposite said individual's names. Nam~ Tim Ruemler President-Naples/Ft. Meyers Division Michael S. McLeod Controller-Naples/Tr. Meyers Division and Assistant Secretary IN WITNESS '~,q-'IEREOF, I have hereunto set my hand and affixed the corporate seal or said Corporation this 24th day of'January, 1996. STATE OF TEXAS COUNTY OF DALLAS Ass/stant Secretary Centex Re, al F~ate Corporation On this 24th day of January, 1996, before me, a Nota.T Public, personally appeared Betty Newman who acknowledged that she executed the above i~trument. Notary Public in and for State of Tex~s My commission expires: ~ CI~R. TIFI~D CORPORATI! RF-.SOLUTIONS L Be, ay Newman, A.~si.slant Secretary of' Centex R~al Estate Corporation, a corporation duly organized t, nd cxi.sting under d-~ laws of'the State of Nevada, do herr. by cerfi fy that I have access to the records and minutes oftl~ proc_~d_ings of the Board of Directors of said Corporation; that the resolutions set forth in the Exhibit A attached hereto, initialled ~ch page thereof by the Secre~.ary or an Assistant Secretary of said Corporation for identification, and hereby made a part hercot', were dull,' adopted by the Unanimous Written Consent in Lieu of Araual Meeting of'said Board of'12)kcao~ as of Suly 21, 1995; that said resolutions ~nd the adoption thereof'are cons~t ~ith the laws of'raid Sta~ ~ with th~ Articles of Incorporation and the By-laws of'said corporation; and that said resolutio~ have not been revoked or amended and are now in full force and efrecL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Corporation Otis 17th da)' of January, 1996. Assistant Stgcrctary Centex ILeal Est,ate Corporation [AITACHN~ENI NO. PAGE /~ OF . AMENDED AND RESTATED PARTNERSHIP AGREEMENT OF CENTEX HOMES (formerly Ybta Part~ers) THIS AMENDED AND RESTATED PARTNERSHIP AGREEMENT (the "Agreement") is entered by and among Vista Mortgage & Realty, Inc., a Delaware corporation ("Vista Mortgage & Realty"), Braewood Development Corp., a Nevada corporation ("Braewood Development"), Panoramic Land, Irt¢., a Nevada corporation ("Panoramic Land"), and Centex Real Estate Corporation, a Nev_x~!a corporation (formerly known as "Vista Properties, Inc.") ("CREC"). WITNESSETH: WHEILEAS, as of September 21, 1993, VL~ Mortgage & Realty, Braewood Development and Panoramic Land (collectively, the "Initial Partners") entered into a Partnership Agreement (the "Initial Partnership Agreement") providlng for the formation of the Partnership (as hereinafter defined) purs-.nt to the Nevada Act (as hereLnafler defined); WHE~, prior to thc date hereof, eazh of thc Initial Panners has made certain contributions to the Partnership; WHEREAS, concurrently with the execution and delivery hereof, each of the Initial Partners .nd CREC (each, a "Partner" and, collectively, the "Partners") are exccuti~ cc~n Oencral Indentures of Conw. yance, Transfer and Assi?ment, dat~.xi as oflunc 30, 1996 (thc "Indentings"), pun',s,~t to which thc Partners ar~ contributi~ to the Partnership undivided tnter~ in certain assets ~peclfied in the Indentures (collectively, the "Homebuild~_ng Assets") and tho Partnership is assuming certain liabilities and obligations specified therdn (collectively, the "Homebuilding Liabilities"); and WHEREAS, the parties hereto desir~ to amend and restat~ tho Initial Partaersh¥ Agreement in its entirety in order to reflect, among other things, (i) the DAL02:I 11215.3 NO. /'1 ¢ont.dbutior' by the Partners of the Homebuilding Assets and the assumption by the Parmership of the Homebuilding Liabilities, (ii) the admission of CI~C as a partner of the Parme~p, (',ii) ~he appointment of CItEC as the Mar~g Partner (as herdnafler defined) of thc Partnership with full power and authority to operate and manage the business and affairs of the Partnership, (iv) the change of the r,,me of the Partnership from "Vista Parma" to "Centex Homes" and (v) a change ia ihe fiscal year of the Partnership; NOW THER.EFOP,.B, in consideration of the'pr~mises, th~ terms md provisiom set forth ~ thc mutual benefits to be derived fi-om the performmc~ thereof ~d other I~ood and wluable ~o~ideratlon, the receipt and s~,~ciency of which are hereby acknowledged, the par~es hereto agree as follows: ARTICLE I GENERAL 1.1 ~rship. Subject to the provisions of this Agreement, the Parmers hereby continue the Partnership as a general parmership pursuant to the provisions of the Nevada Unifoi'm 'Parmership Act, Chapter 87 of Tide 7 of the Nevada Revised Statutes, as it may b,.* ~mended from t~e to time, and any successor to such Act (the 'Ncvada Act"). Bxccpt m cxprcssly, provided hcrcM, the rights and obligations of the Parmers and the administration and termination of the Pa.nnemhip sb,ll be governed by the Nevada Act. 1.2 ]SAIIIA. The business of the Parmership shall be conducted under the name "Centex Homes" or such o~er n,me or ~ames as the Managing Partner shall from lime to time designate. 1.3 ' t~Mlllil~. Thc purpose md business of the Parm~hip sb,,l! be to succeed to and coniinue the businesses and aclivilies conduc~i by th~ Partners prior W the execution ofU~ ImitiaI Parmership ~ent or tkts ~ (as li~ case .may be)a~ pumuant ~o the Nevada Act. Any or.all of ~ foregoing activities may ~ com~,=,~ dimcdy by the Parmership or in~Y ~mough mother parmenhtp, joinI venture, or other IAII'ACHMENI NO. PAGE /.~ -2- 1.4 ~iI1. The Parmership shall continue in existence un61 ~e close of P~e~p b~e~.on J~e 30, 2024 or ~ ~e ~lfer te~On of ~e P~e~p in sceo~e ~ ~e p~io~ o[ s~on ~.1 of~ A~eemen~ 1.5 Principal O~ of P~e~p: Addresses of P~e~. (a) p~~p O~. ~e p~ci~ o~ of~ P~~P s~ be 3333 ~ P~Y, St4~ 11~, D~, Te~ 75219, or ~ch o~er pla~ ~ ~e p~ ~y ~m ~e to !line desi~te. ~e P~~P may m~ offices a~ o~er pla~ or pla~s ~ ~e M~a~g P~er dee~ ad~ble. ~) Add~sses of P~e~. ~e ~ess of ~h P~er of ~e P~e~p s~l ~ ~e ~s of ~ch Pa~er ~ set fo~ on ~e si~e page hereof. ARTICLE I1 DEFINITIONS The following definltio~s shall apply to the terms used in this Agreement, unless otherwise clearly indicated to the conl~a'y in this Agreement: "Code" me~n~ t.he lntemal Revenue Code of 19g6, as amended and in effect from time to time. "Nom'e~urse Deductions" has the melming set forth in Section !.704-2(b)(I) of the Regulations. "No~urse Liability" has the meaning set forth in Seciion 1.704-2Co)(3) of the Regulations. "Parmer Nom'ecourse Debt" has the meaning set forth in Section 1.704-2(b)(4) of the "Parmer Nom'ec~o~ Deb~ Mi~i,'n-m Oain" me-n. an amotmt, with r~-pect to each Parmer Nom~,o~tr~e Debt, equal ~o the Parme'iship Ml,,i,,-,m ~ that would r~sult ii'such Parm~r Nom'ecour~ Deb~ ~ u,~aled as aNonr~co~ Liability, determined in a~.ordanc~ with Section 1.704-2(i)(3) of tho P..esula6ons. DAI. OI:IIIII$.3 IAiTACHMENI NO / -3- "Partner Nonrecourse Deductions" has the me~'dng set forth in Sections 1.704-2(i)(I) and 1.704-2(i)(2) of the Regulations. "Parmership" means the general partn~p which was formed pursuant to Nevada Act ~ contemplated by the Initial PamaersMp AIFeement 'Partnership Interest" m~_~ the inte~st acquired by a Partner in the Partnership including, without l~itation, such Partnces fight: (a) to an allocable share of th~ profits, losses, deductions, and credits ofthe Pa.,-m~rsMp, Lb) to a distributive share of the assets of the P~'tnership, (c) to vote on Partnership matters, and (d) to manage and operate the Partnerahip. "Partnership Minimum Gain" has the m~ming set forth in Kegulations Sections 1.704-2Co)(2) and 1.704-2(d). "Percentage Interest" means the percentage set forth opposite each Partner's name on Armex A to this Agreement, as such Annex may be. amended from time to rime in accordance With thi~; Agreement. "Person" meafis an individual or a corporation, partnership, trust, estate, unincorporated organization, association, or other entity. "Regulations" means the Department of Treasury Po:gulations promulgated under the Code, as emended and in effc~zt (including co;-respond~ng provisions of succeeding regulations). "Regulatory ALlocationz" hzz the meaning set forth in Section 3.4 hereof. 3.1 .~l~it~ Contributions. Prior to the date hca'eof, the Initial Pax'mm conMbuted to the Partn~Ma~p the property described ia Part I of Annex B hereto. As of the Effective Time (as h~r~ deEned), the Partnm am contribviing to the P~p the additional prope~y dc~-ribed in Part II of Anu~x B h~-to. No additional capital contributions shall be requir~ of any Partn~, but the Partners may conm'bute cash to the DAL02:III21~.] ATTACHMENT NO. / .1 PAGE ' ~ OF .,3 ~.- Partnership, in proportion to their Percentage Interests, in the amounts and at the times necessary to fund P/rtnership operations. 3.2 _Gcneral Allocations of' Profits and Losses. (a) Profits and losses for any fiscal ye. ar shall be allocated to the Partners in proportion to their r~-pectiv¢ Percentage Interests. Notwithstanding the preceding gntcnce, the Managing Partner is authorized to make any allocations reqtfimd by Section 1.704-1(b) or 1.704-.IT(b) of the Regulations in order to ensure that the allocations of profits and losses pursuant tn this Agreement am respected for federal income tax purposes. (b) In ,,ccordance with Code Section 704(c) and the Regulations thereunder, income, g:~in; loss and deduction with respect to any property contributed to the capital of the Partnership shall, solely for tax purposes, be allocated among the Partners so as to take account of any variation between the adjusted basis of such property to the Partnership for federal income tax purposes and its initial fair market value (as determln~t and taken into account for purposes of Section 3.7(aXi) hereof). Any elections or other decisions r~lating to such allecation shall be made by the Managing Panner acting in good faith and in a r~asonable manner. AllocatiOns pursuant to this Section 3.2(b) am solely for purposes of federal, state, and local taxes and shall not affect or in any way be taken into account in computing my P~rtner's capital account or sha~ of profits, losses, and other items or distributions pursuant to any provision of this Agreement. 3.3 S?eci?.l Allocations. The following Sl~Cial allocations shall be made in ~.e following order: (a) Minimum Gain Char~eback. Except as otherwisc provided in Section 1.704-2(0 of the Regulations, notwithstanding any other provision of this Article III, if them is a net dc, crease in Partnership Minimum Cain during any fiscal year, each Partn~ shall be sp~ially allocated items of Partnership income and gain for .such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to such Partner's share of rite net decrease in P .a:rtnershi.'p Minimum Gain, determined in accordance With Regulations Section 1.704-2(g). Allocations pursuant tn the ~ous sentence shall be made in proportion to the respective amounts required to be allocated to each Partner pursuant thereto. The items to be so allocaled shall be determined in accor,4,,nce with Sections 1.704-2(f)(6) and 1.704-21jX2) of the Regulations. This Section 3.3(a) is intended to comply with the mh~imum gain chargeback requirement in Section 1.704-1(f) of the · Reg~gations and shall be interpreted consistently therewith. DAL02:III2IS.] -5- ATTACHMENI NO ,PAGE /J' AF ~'~ (b) Partner Minimum Craln Chargeback. Except as otherwise provided in Section 1.704-1(0(4) o£the Regulations, noV,vith.sia~ding any other provision of*,~is Section 3, if there is a ncr decrease ic. Partner Nonrecourse Debt lVl'inlrnum Gain attributable to a Panner Nonr~.x)urse Debt ciuring any Parmership risc. al year, each Panner who has a shoe of the Pm'mcr Nonrecourse Debt Mtn;mum (}nin attributable to such Pm-mcr Nonrecourse Debt, de~errnlned ia a~..ordmce with Section 1.?04-2(iX$) of the P. egulr~ions, sl:m/l be specially allocated items of Pm'mer~hip income and g~in for ~ch ~ )'em' (and, if nece~sa.9,, subsequea ~ yea,s) ia aa amount eq,,,! to such Parmer's sl~m~ of the ne~ decease ia Pm"mcr Nom-ecourse Debt Minimum (}ala attribu~ble to such Panner Nonrecourse Debt, determined Ln a~:or~ce with Regulations Section 1.?04-2(iX4). Allocations pursuant to the previous sentence shall be made ia propor6on to the respective amounts requLr~ to be allocated to each Panner pursuant thereto. The items to be so allocated shall be determined in ~.,cordance with Sections I.?04-2(iX4) and 1.704-20)(2) of the Regulations. Th~s Section 3.3Co) is intended to comply with the minimum gain chargeback requirement in Section 1.704--2(0(4) of the ReD~ladons and shall be interpreted consistently therewith. (c) Nonrecourse Deductions. Nonrecourse Deductions/'or any fiscal year shall be specially allocated among the Panners In proportion to their Percentage Int'erests. : (d) P_2rtner Nortrecourse Deductions. Any Partner Nonrecourse Deducdom for any fiscal year shall be specially allocated to the Parmer who bears the economic risk of loss with respect to the Partner Nonrecourse Debt to which such Parmer Nonrecourse Deductions are attributable in accordance with Regtdations Section 1.704-2(0(I). (e) ~di Section ?54 Adjustment. To/he ext~nt an adjustment to the adjusted tax basis ofaay Par~er~hip asset pun'uant to Code Section 734{'o) or C.,odo~ Section 743Co) is r~cluit~ pursuant to Regul~ons Section 1;704-1CoX2XivXIIIX~ or Regulations Section 1.704-1Co)(2Xiv)(/IO(~, to be t~en into a~.~.o~t in detel'min~ng capital as the result of a distribution to a Partner in complet~ liquidation of his interest in the Parmership,/he mount of such adjustment to/he capital accounts shs~l be lreated as an iran of sain (if the adjustment in~.ases the basis of/he asset) or loss 0f/h~ decreases such basis) and such gain or loss sh,l! be specially all&:ated to the Parm~ in aw~ce with their interests in the Parm~p in tho ~t~nt Regulations Station 1.704-1CoX2XivXii1K2) applies, or to the Partners to whom such distribution was made in the event Regulations Scion 1.704-1Co){2)(iv)(lll)(.~) applies. DAJ~02: I 1121 ~..~ -6- ATTACHMENT NO PAGE / q OF (f) Allocations Relatin _~ to Taxable Issuance of Partnership Interests, ,amy income, gai~ loss or deduction realized as a direct or indirect result of the issuance of an interest in the Partnership to a Partner (the "Issuance Items") shall be allocated among the Partners so that, to the ext~t possible, the net amount of such Lssu~ce Items, together with all other allocations under this A~ment to each Panner, shall be equal to the net amount that would have lx~n allocated to each such Panner if the Iss,_,,nce Items had not b~-n realize. 3.4 Curative Allocations. The allo~tions set forth in Sections 3.3(a), 3.3Co), 3.3(c), 3.3(d) snd 3.3(e) hereof (the "Rel~mlatory Allocations") ar~ intended to comply with certain requirements of the Rei~tlations. It is the intent of thc Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Reg'ulatory Allocations or with special allocations of other items of Partnership income, gain, loss, or deduction pursuant to this Rcction 3.4. Therefore, notwithstanding any other provision of this Section 3 (other than the Regulatory Allocations), the Managing Partner shall make such offsetting special allocations of Partnership income, gain; loss or deduction in whaler manner he determines appropriate so that, after such off.setting allocations are made, each Parmer's capital account balance is, to the extent possible, equal to the capital account balance such Parmcr would have had if the RcD.tlatory Allocations were not part of the Agreement and'all Par~nersl~ip itims were allocated pursuent to Sections 3.1 and 3.:2 hereof. In exercising his discretion under this Section 3.4, the Managing Parmer shall take into account future Re~mlatory Allocations under Sections 3.3(a) and 3.3(b) that, although not yet made, are likely to offset other Regulatory Allocations previously made under Sections 3.3(c) end 3.5 !~,r.~llocation Rules. (a) Thc Partners am aware of the income tax consequences of the allocations made by thi~ Article [] and hereby agree to be bound by the provisions of this Article ITl in reporti~., g their shar~ of Partnership income and loss for income tax purposes. (b) For purposes of determlnlng the pwfits, losses, or any other items sllocable to any period, profits, losses, and any such other items shall be determined on a daily, monthly, or oth~ bads, as determined by the Mana~in8 Partner using any permissible method under Code Section 706 and the Kegulstions thereunder. (c) Solely for pu.,'po~ of dcf/.'w~inlng a Partner's proportionate share of the "excess nonrecourse tiabilitics" of the Parmership, within thc meenin~ of Regulations DALO2:IIIIlI.I -7- Section I.?$2-3(aX3), the Panners' intcr~sts tn Partnership profits ar~ in proportion to their pe,-c~ntage Interests. (d) To the ,~ct~nt perrnitt~ by Sm'tion 1.704-2(hX3) of the Kegulalions, the Managing Partner shall end:avor not to treat distributions as having been made from the proceeds of a Nonrmourse Liability or a Partner Nonrmours~ Debt. 3.6 Digli.lll~;ai. The ~.Partner shall review the Partnership's accounts from time to time to determine whether distributions am eppropriate, in its sole discretion. The Managing Partner may make such distributions as it may determine, without being lirnlt~d to curr~nt or accumulated income or gains, but no such distribution shall be made out of funds r~quir~ to make currrat payments on Partnership indebt~xtn~s. Except to the extent Sections 5.2 or 5.3 ar~ applicable, all distributions shall be made in accord-~ce with the Partners' Percentage Interests. 3.7 Capital Accounts. (a) ~. The Partnership shall matnt~n for each Partner a separate capital account in accordance with this Section 3.7(a), which shall control the division of ~ssets upon liquidation of the Partnership es provided in Section 5.2 of this Agreement. Such capital account shall b~ maintained in accor~ar~ce with the following provisions: (i) Such capital ac. count shall be incxas~ by the cash amount and the fair market value of' all capital contributions made by such Panner to the Partnership purn.,:,~t to this ^gr~ment, by such Partner's allocable sI~re ofprofits and by the amount of any Partnership liabilities essum~d by nmb Panner or that are secured by any prol~rty distribut~i to such Partner. (ii) Sv, ch capital aw,,ount shall be decreased by the ¢~_;b amount and the fair market valu~ of' any prolmrty distributed to such Partner pursuant to Sections 3.6, $.2 or $.3 of this ^gr~mn~t, by such Partn~s allocable share of losses and by the amount of any liabilities of such Partner assumed by the Partner~p or any liabilities secured by any property contribvted by such Panner to the Parm~P. (Lii) In the ~vent all or a portion of an inm.~t in the Partnership is transferral in acco~s,~c~ with the terms of this Agrmment, th~ transl,'ce shall succeed to the capital account of the tr~r~feror to the ex~nt it relates to the DAL02:I I -8- The foregoLng provisions and the other provisions of tl~is Agreement relating to the maintena~oe of capit~l accounts aze intended to comply with Sections 1.704-1(b) and 1.704-2 of the Regulati0r, s and shall be interpreted and.applied in a rna~er consistent with such Regulation. Lb) ~e~ative Capital Accounts. It'my Pa.,'met has a deficit baJmce in its c~pital ac.c. ou~t, such Partner shall l~ve no obligation to restore such negative balmce or to n'~e my capital contribution to the capit~l or' the Paztners~p by reason thereof, and such negative balance sh~ll not be considered m asset of the P~ners~p or or' any P~'tnet. (c) ~. No interest shall be paid by the Pa.,'tnersl~p on capital con~butio~ or on balances in capit~l accounts. (d) ~..0..-~~. No P:u'mer shall be entitled to withdraw any part or- his capi~ contribution or l'~s capi~ account or to receive ~ny distribution from the p~'~nership, except ~s provided in Section 3.6 and Article V or'this AgreemenL' (e) Lo~ns l:rorn P~cners. Lores by a P~'tner to the P~tnership sh~l not be c'o~idered capi~l con~butions. (0 Ownership or' A_~sets. All ,~sets ~nd property of the Partnership shall be owned by the Pa.nnership, sub~ect to the terms ~nd provisions of thLs Agreement, and no Partn:r, individually, sh~ll h~ve any ownership of such ~ssets o~' property. Sub.~e~t to that certrd n Title Holding Agreement bet'ween CI~C ~ 2'728 Holding Corporation, legal title to all asse~ and property of the Pa~'tnership shall be held and conveyed in the mine or-the Partnership. 3.8 ~Cornpensation ot' P~rtners. Tbe Pa.,'cnets may, with. ~¢ consent of all Panners, receive corr~pensatio~ from the Partnership for services rendctocl l~U~nt to ag;frame,ts wit~ ~ Pa.,'tnership, provided t~t any such ago'cement sl~ll be o~ ten:~ w~lch ~re no le~ ~vorable to the Paztnershlp ~ the P~-tnershJp could ob_tale f~'om an thL-d pa~y i~ m e.m's.l¢~gth tnmsa:tion. 3.9 ]~a~ks. Records. (a) Records end~A~ccount~n~z. The IV[~nag~nlz Pal'~et to be kept appropriate books md records wi~ respect to the Pattnet~hlp's bu~i~e~. -9- Co) The fiscnl y~ar of tho pnsmership slmll be the ye.= (~) [h.~_ g'~tion ofT~x Re~rn.s. T~e ~ pgl;n~r s~ ~ge for ~ p~fion ~d ~ely ~ of~ ~ of P~~P ~me, loss, ~d o~ ~ ~o~fion ~bly ~~ for f~ ~d ~te ~me ~ ~~ p~s. s~b~ble to o~fio~ of ~ P~~P ~d ~t ~c~ ~es -- ~ P~~p. ~) I~ Con~ve~ies. Subj~t to ~ p~io~ h~of, ~e M~g~g p~ h d~i~ ~ T= ~ P~er (u d=~ ~ $g~on 6231 of~e ~=), ~d is au~ofl~ ~d req~ed to represent ~= P~e~p, at ~ p~=~p's e~e, co~ection ~ ~1 e~6o~ of ~= p~~p's ~ by ~ au~oH~s. proceedings. (c) p~o~biled El~tlo~. (i) No ~l~on ~ ~ ~ by ~= P~=~P or ~y P~ for P~e~p to ~ excluded ~m ~ appli~on of ~Y of ~ p~io~ of Su~pgr ~ ~r I of Sub,Re A of ~e ~= or ~m ~y s~l= ~io~ of ~y ~g ~ ~' ii) The Par~ership sad ~ach Partag ar~ prohlbtt?d from making the election provided ia Section 754 of the Code sad tho Regulations th~r~uack'r. -10- ARTICLE IV MANAGEME~ OF THE PARTNERSHIP; RIGHTS AND OBLIGATIONS OF PARTNERS 4.1 ~Authoritv and Reliance. (a) CREC is hereby desig;~ated the managing general parmer of the Partnership (the "Maz'~aging Partner"). The Ma.~aging Partner shall have the exclusive authority to operate and mazage the business and affairs of the Parmership. Except as expressly provided in this Agreement or ~s required under the Nevada AC't, all decisteres r~gardi~ my ~ set forth brain or otherwise relating to or arising out of the business of the Partnership shzdl be made by the Managing Partner. (b) Persons dealing with the Partnership are entitled to r~ly conclusively on the power and authority of the M~ging Partner as set forth in this Agreement. Notwithstanding any other provision of this Agreemer~t, in no event shall any person dealing with the Managing Partner or the Pa.,-mers~p with r~spect to any business, property or asset of the Partnership be obligated to ascertain that the terms of this Agreement have be~n complied with, or be obliglited to inquire into the necessity or expediency of any act of the Managing Partner, or be required to verify any representation by the M:~r~,ging 'Partner as to its authority to take any action on behalf of the Partnership, inclu,"-~ without llm[tation encumbering, se]Hr~i, or otherwise using; any assets or prope~e$ of the Partne~hip. All persons shall be entitled to rely exolusively on ~ch representatio~ and shall be entitled to deal with the Maaaging Parmer on ali Partnership matters as if it were the sole paa'y in interest therein, both legally and beneficially. Every co~ltract, agreement, deed, mortgage, security agreement, promissory note, or other im'mlment or doct..ment executed by the Mlmaging Pa~er with respect, to any business, property or asset of the Partnership sh~ll be conclusive evidence in favor of any md every person relying thereon or claimlag thereunder that (i) at the ~me of the execution snd delivery thereof, this Agreement was in full forc~ and effect, (ii) such instrument or document was duly executed in ac~r~ with the ten~'a~d provisions of this Agreement and is binding upon the Parmership and all tho Partners, and (iii) the l~..-mgi~g Partner was duly authorized and empo~,:r~ to execute and deliver any and every such instrament or document for and on behaLf of the Par~ership. (c) The Managing Parmer shall in no ~vent b~ d~*m~ the aBent or r~preseatadve of any of the other Parmers, but shall only be authorized to a~ in the name and on behalf of the Partnership as provided her~in. DAI.,OI: I 1121t..1 -11- I~,T ~,.,C, Ht,~EN 0 / -1 · -' TN ,,,1.7 (d) Except as other'.se requL,'ed by the Nev~e Act, the Pettaem o~er ~ the Maz,.38~g ?az'mCr sh~I1 not Mve ~ny authority to operate ~d mm~g¢ the bus~aess of ~e p~ne~sl~ip. ~.2 ~u ~d oblig~o~ ~t fo~ cI~c~ ~ ~s A~mcn~ ~c M~g P~ s~l ~ve ~c follo~ fi~ ~d obliga~o~: (a) ~ ~c M~g P~ s~l ~ndu~ ~ ~d exercise ~11 ~n~ol over ~1 acG~cs of ~c P~c~p. ~ ~flon to ~e ~wc~ now or hc~ ~t~ ~I ~w~ ~d au~ofl~ to do business of ~c P~c~p, ~clud!ng, c~dcn~s of ~dcbt~css, ~d ~c ~c~n~ of ~y obligaflo~ it d~ nc~s~ or advisable for disposi~o~ mo~g~gc, pledge, cnc~b~, ~c ~sc~ of~c P~~P; 0v) ~c ~ of~e ~se~ of~c P~c~p for ~y P~~P p~sc (v) ~c ncgofiaflo~ cx~u~o~ ~d ~ffo;~ of~y ~n~ dcs~blc, ~c~, or ncccss~ to ~bu~on of P~~p ~h or o~ ~; (~) ~c sclc~o~ ~g, ~d ~s~ of cmploy~, a~omcys, ~e dereliction oreck ~~, ~d ac~ of~c M~g~g Pam~ ~ ~ to ~c fo~a~bn of~c P~~P. '~) 9U~ide Acfi~fles. ~c P~c~ or ~y ~ ~c~f ~d ~y ~r, offi~, ~ploy~ ~ or ~~~vc of~c P~ or ~y ~ ~f ~ct ~m~fion ~ ~c P~~P. Nd~cr ~c P~~P nor ~y of ~o P~ s~l Mve ~y h~by ~ ~y b~ v~ of~e o~ P~, ~Y ~e ~ or ~ ~r, -12- (c) ~. The Partnership shall [udenmify and hold harmless cnch Partner and any d/rector, o~ccr, employee, agent, or representative of any Partner, al~a/nst all liabilities,'losses, and dama/es incurred by any of thc~n by reason ofany act performed (or alle&ed to be perfomod or omitted to be performed) or omitted ~o be pedormed in the name of or on ~hnlf' of the Partnership, or in connection with thc parm~p's busine, ss, includinlt atWmeys' fees and any amounts expended in the scttl~'mml of any cld~ or liabilities, losses, or dama/~, to the fullest extent permitted by thc Nevada Act, if su,:h ind~mitoe r~soz~oly believed such acts or. omissions to be in the best interests of the Partnership and such acts were not performed or omitted to be pcfl'ormed fraudulently or in bad faith or as a resdt ofl~ross nel~I/tence, wil~. misconduct, or a breach of any material provisions of this AI/;reement (d) Liab~liw_ of Partners. No Partner nor their respective directors, officers, employees, agents, or representatives shall bc l~able to the Partnership or any Partner for errors ~n judgment or for any acts or omissions that do not constitute gross negli/~encc or willful or wanton misconduct. (e) Limitations on Mana_~in_~ Partner. The following actions may be ukcn'by thc Man~4n~ Partner orfly if approved pr/or thereto by ali Partners: (|) the merger or coruolidadon of the ?arm~-sMp with or into any entity, cr (ii) admission of any Persons as partners of the Partnership. ' (f) Removal of Mana_dn_~ Partner'. Successors. The Managin't Parmer may be removed at ~uy ~mc for any reason by the unanknous vote of thc other Partners. A successor Managing Partner may be elected only with the unanknous vo~¢ of ail Partners ([ncludin~ thc removed Managing Partner). ~4.3 Transfer of In~-su. 'No Partnership Interemt of a Parmcr shall be transferred, in whole or in part, exccp~ with the written consent of all Partners, which con~cnt may be ~onably withheld in their sole discretion. 4.4 .~thdrawa~s From Parmership. No Partner shall withdraw from the ?artncrsh/p except with thc written consent of all other Partners. -1:3- ARTICLE V DISSOLUTION AND WINDING UP The Partnership shall be dissolved only upon: (a) the expiration of' its term as provided in Section 1.4 of this Agreement; or (b) an election to dissolve thc Partnership by thc affumativ¢ vote of Partners holding seventy-five p~rcent (75%) of the Percentage Intercsts.' No otber cvent,' whether or not specked under thc Nevada Act, shall cause the Partncrship's dissolution. 5.2 ~. Upon dissolution of the Partnership, the Managing Partner, or, in thc cvcnt thc Managing Partner has becn dissolved, becomcs bankrupt or withdraws from thc Partnership (other than pursuant to a transfer under Section 4.3), a liquidator or liqddating comrnittc¢ sclected by ail of the Limited Partners, shall be the Liquidatnr. Thc Liquidator ('tfother than the MamM~ing Partner) s_l~ll bc entitled to such compensation for its services as may bc approved by the Limited Partners. Except as cxprcssly provided in this Article V, the Liquidator appointed in thc m~,~,~er provided heroin sh~n have and may cxcrcls¢, without further authorization or consent of any of the parties hereto, all ofthc powcrs confuted upon the Managing Partner under the terms of this Agr~cment (but subjcct to all ofthi applicablc limitations, contractual and otherwhe, upon thc excrcisc of such powers) to thc extent necessary or desirable in thc good faith judgment of thc Liquidator to can7 out the dulics and functions of the Liquidator hereunder for and during such p~od of time as shall be reasonably required in the good faith jud~ent of the Liquidator to cotnplcte the winding up and liquidation of the Partnership as provided for h~-eim Thc Liquidator shall liquidate the assc~s of the Partnership and apply and distribut~ the procee~ of such liquidation in the following order of priority, unl¢.ss otherwise required by mandatory provisions of applicable law:. (al To the t~ayment of the expenses of the ter~,-,-,,i uausactio~ in~lucLing, witho.ut.~..l~,,~3itation, brokerage comm,.<~[on, legal fees, accoun~g fe~ an closing costs; (b) the paTment to creditors of th¢ ParmersMp, including Pazlners, in order of priority provided b7 lavw, and .I4- IAiiACHN~EN! NO PAGE OF (c) w the Parmers in ar.~rdance with the positive balmces in their respeciive capital .~r.~ts as provided in Section l.?04.1(bX2Xii)(b)(2) o~ the P, egulations, provided ho,,v~ver, tha the Liq~dator may plar~ in escrow · reserve of cash o~ other as.sets of the P~P for cor~li~er~ liabilities in an amotm~ de~lr~ed by the Liquida~ to be approprlat~ £or such purposes. $.3 D__istribution in Kind. Notwithstanding the provisions of Section 5.2 of this Asreement which require the liquidation of the assets of the Partner~Mp, but subject to the order of priorities set forth therein, if it is not necessary to liquidate all the assets of the Partnership to make the payments required by Section 5.2(a) or $.2Co) (for creditors other than Partners), then the Liquidator may, in its sole discr~on, make an in kind distribution of any remaining Partnership property to the Partners ia lieu of a cash distribulion. Amy such in kind distribution shall be made in accordance with the provisions of Section 5.2(c) and shall be subject to any pre-existing aueements governing the operation of such properties and to such other conditions relating to the disposition and management of such properties as the Liquidator deems reasonable and equitable. The Liquidator shall value any property distributed in kind based upon such propi'rtT's fair market value as determined using such reasonable method of valuation as it may adopt. Any difference between such fair market value and the Partnership's adjust~ book basis in the property shall be treated as profit Or loss and allocated to the Partners in accordance with Section 3.2. $.4 Return of Copital. The Partners shall not be personally liable for the return of the Capi~ Contributions of other Partners, or any portion thereof, it being expressly understood that any such return shall be made solely from Partnership assets. 5.5 Wai¥~r of Pm'dtion. Each Panner hereby waives any rights to parti,.ion of the Partnership property. ARTICLE VI AME~~ OF AGREEMENT 6. l Amendments to the A_m-eement. The A~r~ment may be _,mended only with the written approval of all Partners. -15- j.., ,,...,.,HN~LNI NO / ARTICLE VII GENERAL PROVISIONS 7.1 ~men~ment emd Res-t~tement The Init~el ParmersMp A~eement s~ ~ ~end~ ~d ~ M i~ cn~ ~ set fo~ helm eff~fivo ~ of~c clo~ of b~Me~ ~ D~I~, Te~ on J~o 30, 1996 (~e "Bff~vo T~e"). 7.2 Addresses ~d Nofi~s. ~y nofi~, de~d, r~ue~ or m~ req~ or ~~ m ~ given or mdc to a P~r ~der ~s A~ment ~ ~ ~ ~fing ~d s~l ~ d~m~ ~vcn or made when dclivc~ ~ ~on or ~ ~ys ~ ~Mg scnt by U~I~ S~t~ ~~ or ~fi~ ~ to ~o P~ at ~ ~ ~ sho~ on ~e ~r~ of~c P~~P, ~g~s of~y claim of~y P~on ~o my havc ~ ~lc~st ~ ~y P~c~p ~tcrcst by rc~on of~ ~si~cnt or o~c~sc. 7.3 Titles ~d ~pdo~. ~l ~clc ~d s~don ~ ~d ~pdo~ ~ ~s A~mcnt ~c for ~nvc~cn~ o~y, s~l not ~ dccmcd p~ offs A~cmcn~ ~d ~ Except ~ s~ci~ly pro~idcd o~c~sc, rcfcrcnccs to ~clcs~ ~d ~S~o~' ~c ~o 7.4 pronouns ~nd Pl~ls. ~cnc~cr ~c ~ntc~ ~y ~q~c, ~y nc~cr fo~, ~d ~c s~ fo~ ofno~, pronmms, ~d ~crbs sb~ll ~cludc ~c pl~ 7.5 ~. ~c p~ s~ll cx~ ~ d~~, p~dc ~ to ac~eve ~e p~s offs A~men~ 7.6 ~ ~ A~m~t ~ ~ b~g ~n ~d ~ to ~pmse~;~6v~, ~d ~~ ~si~. 7.7 ~ ~s A~t ~~ ~ ~ ~~ ~o~ · e p~ he~ ~ ~ ~e ~bj~t ~r h~f ~d ~~ ~ ~or IAiiACHMEN~ NO .__/__ ...... PAC. E -16- 7.S ~ff.g.y.~. No failure by any party to insist upon the strict perforce of any covenant, duly, a&reement, or condition of this Agreement or to exercise any right or remedy consequ~t upon a breach thereof shall constitute waiver of any such breach or any other covenant, duty, al~'~ement, or condition. ?.9 ~. This ~=nt may be execu~ in co~, all of which together :hall constitute one a~r~mcnt binding on all the parti~ hereto, notwithstanding th,al all such panics are not sii;natorics to the ori~n,! or the same 7.10 ~;~. This Agreement sh~ be construed in accordance with and governed by the laws of the State of Nevad~ without regard to the principles of conflicts of l~w. 7.11 Invalidity of' Provislol~. If any provision of this A~r~ement is declared or found to be illegal, uncni'orceable, or void, in whole or hi part, then the parties shall be relieved ofall obligations arising under such provision, but only to the extent that it is illeg~l, uneni'orceable,'or void, it being the intent and agreement ofthe parties that th/s Agreement shall be deemed amended b.y modifying such provision to the extent necessary to m~ke it legal and enforceable'while preserving its intent or, if' that is not possible, by substituting therefor mother provision that is legal and enforceable and achieves the same objectives. ATTAC}tMENI NO / PAGE ~5 ,~ OF -~ 4 , , , , ~ ,, ~ .................. IIIII II I I IN WITNESS WKEREOF, tho partiea hereto have executed this Agreement on June 27, I996 to be effective as of the Effective Time. ADDRESS: 5950 Berkshire L~e Suite 400 Dallas, TX 75225 VISTA MORTGAGE & REALTY, INC. .By: Tide: P're.; ADDRESS: 5950 Berkshire Lane Suite 400 Dallas, TX 75225 BRAEWOOD DEVELOPMENT CORP. Tide: re. Ge ADDRESS: 5950 Berkshire Lane Suite 400 Dallas, TX 75225 PANORAMIC LAND, INC. ADDRESS: 3333 Lee Parkway Suit~ 1100 Dallas, IX 75219 CENTEX REAL ESTATE CORPORATION (form~y k~owa ss "Vista Properties, DAL01:I 11215.3 -18- ~,ITaCHI~ENI NO. / ?g~E $ / O~ -~Sz ANNEX A PARTNERS AND PERCENTAGE INTERESTS ]~ercenta_~ InteresI Vista Mortgage & P. calty, Inc. 55% Braewood Developmcnt Corp. 28% Pa~orarrfic La~d, Inc. Centex Real Estate Corporation (formerly known as "Vista Properties, Inc.") 2% DAL02:I ! 12t~-1 A'[IACHMEN'[ NO . 0-'~'~ ~"~ PAGE ANNEX B DESCRIPTION OF PROPERTY CONTRIBUTED BY THE PARTNERS Part I: Initial Contributions I. Property contribu~ by V'~ta Mortt~a~e & Kealty, Inc.: Ail assets, subject to all liabilitics, spcc~ed indmt cert-~- Omnibus Assilp~.ment, Conveyance and Bill of Sale with Ass,;,~ption of Liabilitics dated Scptcmber 21, 1993 by and. between Vista Mortsaie & Realty, Inc. and the Partnership. 2. Property contributed by Bracwood Development Corp.: Ail assets, subji~ct to all liabilities, specified in that certain Omnibus Assignment, Conveyance and Bill of Sale with Assumption of Liabilities dated September 21, 1993 by and between the Partnership and Braewood Development Corp. 3. Property contributed by Pano~,~ic Land, Inc.: Ail assets, subject to all liabilities, specified in that certain Omnibus Assi~r~ent, Conveyance and Bill ot'Sal¢ with Assumption of Liabilities ~tcd September 21, 1993 by and between the Partncrship and Panor~,,nlc Land, Inc. Part Ih Additional Contribution~ 1. Propcrty contributed by Vista Mortsa~¢ & Realty, Inc.: All asscts, subject to all liabilities, spccified in thai c~_.~- C-cncral Indenture of Conveyance, T~n~fer and Assii~'~ment dated as of Sun¢ 30, 1996 by and between Vista Mortgafle & Realty, Inc. and the Partnership. 2. Propcrty con~buted by Braewood Devt:Iopment Corp.: All assets, subject to ail liabilities, specified in that c~-~- (]~n~ In&mtm~ of Conv~-yance, Transfer and ,~,i~nmcnt dated as of,Tune 30, 1996 by and between Bracwood Development Corp. and the Permer~p. · Assi~rnent dated as of June 30, 1996 by and between Panorsmio Land, Inc. and tho Partnership. 3/, 4. Prope~ contributed by Centex Real ~ Corporation (formerly known as 'Vista Properties, Inc."): All assets, subject to all liabilities, specified in that certain Ocncral Indenture of Convcyancc, Transfcr and Assil~ment dated as of Sun¢ 30, 19.96 by mad between Centex ~ Estate Corporation and the Partnership. DAL02: I 1121S.2 IAllACHMENl NO / PAGE ~'~ OF ~ 4 $? 42O ~ 4.10 ceres 144,197 ~ ac~ $ 42.472.S6 $44,897 pe~ loft S 40,497J~ Im~r~,~ment Cost: Catch'Twit .a,-ta G1 Exc~vl ~Sc~ c~ $lorrnv~ler De~a~ po~d ~ C~4t (10% o~ LT~.eme~! Co;ts) Pond I O.OC~ CY I~r A~re G1 $u'Mota~ S '.97,573.33 30" RCP I,(XX).O t.Jn~al Foot $32 p~' LF S 32.0(X).00 4~<4V~cfk~ ~<)x 2.0 eac~ $1,200.00 S 2,44:30.00 30' M~ld FAd 2.0 each $~0.00 $ 1,800.00 10.300.0 C~o~c Y,~d (CY') $1.75 per CY S 18,02S.00 $ S.4OZ50 G2 So~lotaf S 59,760.83 RCm ~,ooo.o 4'x CAr-,cSm Box 2.0 ea4:~ $1,2~:X).00 $ 2,400.00 Mjb, ed End 2.0 each --t-~--.00 $ IAO0.00 9,460.0 Cubic Yard (C~ S!.75 per CY $ 16,S55.C)Q $ $ 333.34 03 SLd~lotaf $ M,143.84 Gl Subtotal ( Land + ~ Costs) S 140,045.19 02 S4JiXO~ { Land + ~ Costs) $ 100,257.92 03 SddoUf ( L,r,d + ~ Cosb) ' $ 1~S79.60 Total f.~frk,i~d C4s! S ~' 343,883.42 /. '[TACHM, ENT NO. ~XI~ CUTIV~ SUMMARY AWARD A CONTRACT FOR MAX HASSE COMMUNITY PARK BASKETBALL PAVILLION BID 97-2730. ~ To award a construction contract for the Basketball Pavillion cov~d roof at Max I-Iaase Community Park project #80054. CONSIDERATIONS; Max Has~ Basketball court was provided at the time th~ park ~as constructed in 1996 with a basketball area and foundation for a future ~e¢l ~ucture to cover the area. This contract is to provide for the steel structure cover, fighting and repainting of the play area. Bids were received on November 19, 1997 from five construction firms. The three lowest bids were: Taylor Pansing, Inc. Gulf Coast Construction, Inc. Highpoint General Contracting, Inc. $119,490.00 $127,721.00 $141,791.00 It is recommended that award in the amount of $119,490.00 be made to Taylor Pansing, Inc. based upon review of the final construction document by the County Attorney. FISCAL IMPACT:. Funds are available in the amount of $1:1.9,490 in: Fund. Cost Center: Project No: 368 Max Hasse Community Park 156431 Golden Gate Estates Park 80054 Max Hasse Community Park GROWTH MANAGEMENT PLAN~ None RECOMMENDATION: That the Board of County Commissioners authorize the Ch~man to execute a construction contract with Taylor Pansing, Inc. for $119,490.00 for con~mction of a roof covering for the Max Haase Community Park. Thomas ~. Donesan. P.E., Pricer Manager Public Works Dixision Date: TAD pas [~XECI, ITIVE SUMMARY RATIFY AND APPROVE A ONE-YEAR EXTENSION TO CONTRACT 9~-2388, MATERIAL TESTING SERVICES. ~ To extend Contract 95-2388 in accordance with contract terms for Material Testing Services. CONSH)ERATIONS: Contract 95-2388 approved by the Board of County Commissioners on September 19, 1995 Agenda Item 16 (B~ 5 included an additional one year renewal clause that may be renewed twice. The three firms under contract were advised by letter of June 26, 1997 agreement to renew for the period starting September 17, 1997 and ending September 18, 1998. There is no change in the price schedule. Therefore, one year renewals starting September 17, 1997 are recommended for: Ardaman & Associates Law Engineering, Inc. Universal Engineering Services, Inc. FISC,S,[, IMPACT: Funding for services under this contract shall be provided by the user division and contracted by Work Order and Purchase Order funded by the using agency. GROWTH, .MA, NA~;EMENT IMPA~"'T; None RECOMMENDATION: That the Board of County Commissioners authorize renewal for a one year period of Contract 95-2388 in accordance with Purchasing Policy. Tlmmas A. Doncgan. P.E.. Project Manager Il Office of Capital Projects Mamgemem Purchasing IX--partment ~ Adolfo A. Gonzal~, P.E., Direr ' REVIEWED BY: Public Works Die,sion Date: Dale: Date: 4/~ ¢/q'7 TAD pal; r~m'a, nat malt~.m-v doe EXECUTIVE SUMMARY AWARD BID NO. 9%2743 TO HORTICULTURAL INDUSTRIES, INC. FOR DAVIS BOULEVARD PHASE I MEDIAN IRRIGATION AND LANDSCAPING .IMPROVEMENTS (U.S. 41 TO AIRPORT-PULLING ROAD). ~ To execute a construction contract with Horticultural Industries, Inc., as the lowest and most responsive bidder, for installation of Davis Boulevard Phase I irrigated median landscaping improvements. CONSlDERATIONS~ On April 1, 1997 [under Agenda Item No. 8 (B) 2], as an additional step in a series of project approvals, the Board approved a Memorandum of Agreement with the Florida Department of Transportation to address grant dollars and maintenance costs for landscaping improvements along Davis Boulevard west of Airport- Pulling Road. This Board action resulted in the Florida Department of Transportation, through the Florida Beautification Council, agreeing to provide Collier County with a project grant equal to $149,945.35, or approximately 37.3°,4 of the total construction contract value of the project ($401,876.00). This total construction contract value includes 568,376.00 for installation of irrigation casing sleeves currently underway by Cabana Construction, Inc., and the 5333,500.00 low bid for landscaping and irrigation work described below. The landscape design was forthwith completed, and the project was advertised for construction bids. A prebid conference was conducted on October 16, 1997, and immediately thereafter on October 29, 1997 three (3) construction bids were received and publicly opened by the County's Purchasing Department staff· A bid tabulation sheet issued by the Purchasing Department is attached, v,'ith results as summarized below: Name and Business Amount of Total Lump Sum Bid Location of Bidder (1) Arazoza Bros., Corp. $357,658.25 (Homestead, Florida) (2) Hanley Landscape Services, Inc. $333,914.80 (Loxahatchee, Florida) (3) Horticultural Industries, Inc. $333,500.00 (Sarasota, Florida) No local (Collier County) bids were received for this highway landscaping project. The low bid amount of $333,500.00 submitted by Horticultural Industries, Inc. is approximately 6.5% above the Design Professional's landscape and irrigation construction estimate of $313,215.70. Staff recommends that the Board authorize a direct negotiation of the bid after contract execution and commencement to converge as closely as possible to the 5313,215.70 estimate. Undertaking cost negotiations after construction start will keep this critically important project on schedule. ~'""" ,/,,,{~ '~)' "' Executive Summary - Davis Blvd. Phase I Median Irrigation & Landscaping November 2,,1, 1997 Page 2 Staff anfibutes this bid overage to the following causative factors: a. Loss of overall competitive pricing since no local contractors submitted a bid; b. Insufficient contingency in the construction estimate to account for maintenance of traffic requirements on a State highway system; c. Some line item bid amounts by the Iow bidder, Horticultural Industries, Inc., exceed average pricing. As part of the bid evaluation process, staff conducted an interview meeting with company officers of Horticultural Industries, Inc. primarily to determine the firm's current capacity to take on additional contract commitments and to assess prior contract performances along the west coast of Florida. The outcome of this background check on Horticultural Industries, Inc. is favorable, with the Design Professional for this project (George Bother, ASLA) having issued a Bid Award Recommendation letter dated November 13, 1997 (copy attached). As outlined in Mr. Botner's letter, the recommendation to award a contract to Horticultural Industries, Inc. is based upon a critique of eleven (11) evaluation factors. Background on Horticultural Industries, Inc. I. Family owned business; 2. Operations in Florida, Alabama, Georgia and Carolina; 3. In business for over three generations; 4. Specializes in government landscape maintenance and construction projects; 5. Past clients include Walt Disney World, Walman, Tampa International Airport, U.S. Defense Department, Florida D.O.T., City of Sarasota, County of Sarasota, and the Collier County School Board (Pelican Marsh School); 6. Approximately 250 full ume employees; 7. Has continuing term contracts with FDOT for landscape maintenance; 8. Company tends to utilize "a large amount of local vendors to supply materials and support ser-,'ices for this project"; 9. Has internal resources to perform irrigation construction, so no reason to subcontract this portion of the work scope; and 10. Company's Project Manager for Davis Boalevard is a certified Arbofist, and is also certified as a Worksite Traffic Supervisor by the American Traffic Safety Services Association. It is also noted that the Florida Department of Transportation has approved the bid submitted by Horticultural Industries, Inc., and has issued Collier County a Notice to Proceed with the xvork (as required under the Memorandum of Agreement dated October 8, 1997). Executive Summary - Davis Boulevard Phase I Median Irrigation and Landscape November 24, 1997 Page 3 FISCAL IMPACT: Funds are available in the current fiscal year budget to support the ~" contract award amount of S333,500.00. Ftmd: Coat Center: Project: 313 (Gasoline Tax) 163673 (Surplus Gas Tax) 60013 - Davis Boulevard Phase I Landscaping (U.S. 41 to Airport-Pulling Road) It is noted that FDOT will provide S149,945.35 as a grant contribution to this project. GROVe'tH MANAGEMENT IMPACT: This landscaping project along Davis Boulevard is not a Capital Improvement Element of the Growth Management Plan. ~IECOMMENDATION:. That the Board of County Commissioners: 1. Award a construction contract to Horticultural Industries, Inc. for bid no. 9%2743 in the amount of $333,500.00; 2. Direct the Board Chairman to execute the Construction Agreement upon presentation by staff; and 3. Authorize and direct staff to undertake negotiations with Horticultural Industries, Inc. after commencement of c?,,r~ction to ascertain cost reduction possibilities in the work scope on the orde. r'6f.,69~fthe bid a~nouBt. , Office cfi Capital Projects .~an~ger ~,~t ~ //7~ Adolfo A. G~zal~ P.£., D~rect~ OH~ce of Capital l~ojec~s Management Ed Ilschner, Administzator - / Public Works Division Attachment: Bid tabulation; 11'13n}? letler cc: Da~d Bobamck. Transpor~a{mn Director pas ~ex ~urndavisim $1a~l~lt'ap doc _ : , November 13, 1997 Mr. Ladd Ryziw Project Manager Office o£ Capital Projects Management 3301 E Tamiami Trail - OCPM Bldg. Naples, FL 34112 Re: Davis Boulevard Phase I Landscape Bid No. 97-2743 OCPM Projec~ No. 60013 pCEIVED ~rr~r ~'~ Rid Award Recommendation De.v Mr. Ryziw: George Bother ASLA (GBASLA) in its capacity as project landscape architect has reviewed the bid tabulation and documents submined in response to the above bid procedure. We understand the following: Collier County has administered a competitive bid procedure in accordance with all state regulations and county policies and procedures. o Collier County has determined ',hat bids received are qualified as meeting all submission requirements for the following bidders: Horticultural Industries, Inc. Hanley Landscape Sen,'ices, Inc. Arazoza Brothers Corporation Project Cost Estimates for Plantings and Installation, Irrigation and Installation, and Traffic Control in accordance with plans and specifications prepared by GBASLA is I;34 !,965.70. 4. Bid amounts submitted by the 3 pre-qualified contractors were as follows: Horticultural Industries, Inc ............................. $333,$00.00 Hanley Landscape Services, Inc ........................... $333,914.00 Arazoza Brothers Corporation ........................... S357,658.25 GEORGE BOTNER ASLA ~l.I Exchange Avc-St¢ A · NJplcs. · PLANNING AND LANDSCAPE ARCHITECTURE FL 34104 · 941.'649-4.176 · Fax:941:649-7627 · email:GBASLA~aol.com November 13, 1997 ". · Bid Award Recommendation '.. ;.' Page Two ...,... . 5. Bill do~um'en{s, ProjeCt ind Owner references and additional support documentation . "'hb. ge b~fi'iuppli'ed to GBASLA by O.C.P.M. for reference, · · RECOMMENDATION GBASLA has reviewed the three bids on the basis of the following criteria: 3) 4) ?) 8) I0) 11) Past performance Experience w/project type Skill and size of staff' Equipment Longevity of operations Certifications as required Materials specified Ability to meet schedule Unit price schedules Local operations capability, and Bid price Upon review of the above criteria along with a personal interview, GBASLA recommends this landscape construction contract award to: HORTICULTURAL INDUSTRIES, INC. 4824 Ashton Rd Sarasota, FL 34233 Tel. 1-800-560-0600 Fax 941-924-01'70 Respectfully submitted, Parmer, GBASLA Fla. State Reg. No. 422 SEAL GEORGE BOTNER 'ASLA 358.1 Exck~al. Av~.$t, A · N~ples, · PLANNING AND LANDSCAPE ARCHI'~ECTURE FL ~t4104 · 9Jl1649-4,t?~ · Yax:941t~49-Td27 · email:OBASLA~aol.com EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY GOVERNMENT AND INSURANCE AND RISK MANAGEMENT SERVICES, INC. FOR PROPERTY AND CASUALTY INSUKANCE BROKERAGE SERVICES. ~ To receive approval of an agreement with Insurance and Risk Management Services for Property and Casualty insurance brokerage services. CONSIDERATIONS: In May, 199'7, the Board approved a contract option to extend the current agreement with Insurance and Risk Management Services, Inc. for two additional years. This contract called for IRMS to provide property and casualty insurance related brokerage and contracting services to the county on a flat fee basis. These services include the procurement of property, liability, workers compensation, automobile and other insurance coverages on a net of commission basis. The contract also calls for the provision of insurance consulting sen'ices as relates to general insurance and contractual matters. Upon review of the existing agreement it was determined that it did not contain a clear description of certain services related to the county's self-insured program which must be procured by the contractor ~rid which are being provided as part of the current agreement. These include third party adiusting services for Workers Compensation and Property and Liability. Further, the current contract did not recognize the addition of Environmental Impairment Liability insurance, Builders' Risk insurance, and Contingent Law Enforcement insurance in the list of coverages applicable to the agreement. The agreement states in Section l, Paragraph E that, "If the COUNTY chooses to add additional Insured Lines of Business or services, then the parties agree that such additions shall be added by addendum to this Agreement and a reasonable Fee shall be negotiated between the COUNTY and CONTRACTOR." The addition of Environmental Impairment Liability insurance, Builders' Risk insurance, and Contingent Law Enforcement insurance falls within the scope of Section 1, Paragraph E and thus an additional fee is due the contractor and the ccntract should be amended. In an effort to clarify these matters a new agreement was drafted for approval by the Board. The contract calls for the contractor to be paid a fiat fee for services provided as opposed to a commission. A current commission schedule was sought from IRMS which indicated that in the absence of this contract, normal commissions due the broker for the county's program would be $219,099. The fee under the current contract with IRMS totals $ 101 ,$00. This fee has not increased since the inception of the current agreement in October, 199zL The proposed fee under the revised contract is $110,000. Even with the increased fee in the revised contract, the County will still enjoy a savings of $109,099. Given the increased scope of services in the new agreement, this increase in fees is most reasonable. - DEC 0 9 1997 The contract commences October l, 1997 and continues throu~ September 31, 1999 pursuant to the Board's approval in May, 1997. It has been approved by the County Attorney's Office for legal sufficiency. Therefore, it is recommended that the attached contract for services be approved. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: This contract change will result in an increased fee of $8,$00. Funds ambudgeted':i.n 1;he Properl;y &Casual. t.y Fund (516-3.21650) for 'l;hese services. REC(~MMENDATIoN: It is recommended that the Board approve the attached con~'act with Insurance and Risk Management Services, Inc. ?P~PAR~D BY:~Y'/~//~-~ ~ DATE: 1/~//,~'/ ~eff Wa~er, CPCU, ARM, R~k M~n~gemem Director R.EVIEWEDBY: ' ~ ~'i'~-J~,-:'~ DATE: Leo £, Oehs, Jr., Suppb~ Services Administrator OEC 0 9 I p~o ~,~ CONTRACT BETWEEN COLLIER COUNTY GOVERNMENT INSURANCE AH'D RISK MANAGE~ SERVICES, INC. This CONTRACT is entered into on October l, 1997, between Collier COUNTY Gov'ernment, 3301 East Tamiami Trail, Naples, Florida, a public corporation of the State of Florida (COUNTY), and INSURANCE AND RISK MANAGEMENT SERVICES, INC., 3200 Bailey Lane, Naples, FL 34105-8506 (CONTRACTOR). WITNESSETH WHEREAS, the COUNTY is empowered to enter into contractual arrangements with public agencies, private corporations or other persons pursuant to Florida Statutes; and WHEREAS, the COUNTY desires the professional services of a Property and Casualty Insurance Broker to implement a project entitled "Property and Casualty Insurance Brokerage Services"; and WHEREAS, the CONTRACTOR represents that it possesses the required skills, knowledge, expertise and resources and is capable of providing the desired services within the time frame and parameters required by the COUNTY; and WHEREAS, the COUNTY has found the CONTRACTOR'S expertise and resources to be acceptable and wishes to enter into a CONTRACT with the CONTRACTOR; NOW, THEREFORE, in consideration of the benefits flowing from each to the other, the parties agree to the following: ]. Unless extended or terminated, the period of performance of this CONTRACT shall commence on October 1, 1997 and continue for a period of twenty-four (24) months, terminating on September 30, 1999. The COUNTY may, at its option, renew this CONTRACT for two (2) Ldditional DEC 0 9 199'7 ....... ~ ....... . I I IIIIII III ....... II1 one year periods subject to the same terms and conditions and fee structure. o As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts shown in the FEE STRUCTURE, hereinafter stated in this CONTRACT. Payment of funds shall be made monthly upon receipt and acceptance of the CONTRACTOR'S invoice. A. Introduction The COUNTY and the CONTRACTOR agree that the Fee Structure for the term of this Agreement shall be based upon the definitions and conditions outlined in this section. B. Insured and Uninsured Programs 1. "Insured Lines of Business and Related Services" Defined. "Insured Lines of Business and Related Services" shall be defined as insurance lines, programs, and related services required by the COUNTY to establish and manage its property & casualty risk financing program and through which the COUNTY utilizes the CONTRACTOR to procure such lines, programs, and related services. Insured Lines of Business shall include the traditional types of insurance which may be purchased by the COUNTY on the basis of receiving payment for a claim or loss on a first dollar basis or on a deductible basis. A deductible basis shall mean the purchase of an insurance CONTRACT where the COUNTY assumes the payment of the deductible. Insured Lines of Business shall also include the purchase of excess insurance above a self-insured retention assumed by the COUNTY. Aself-insuredretention shall apply toaloss whereby a portion of the loss is assumed by the COUNTY pursuant to a contract of insurance and whereby any amount above the retention is insured by excess insurance up to the limit o'f the excess insurance policy. Related Services shall include any and all ancillary and/or support services provided by third party vendors necessary to administer the insurance program and shall include but not be limited to claims administration services required by the COUNTY to investigate, resist or adjudicate a claim as may be presented by a claima~ u,~o^,,~?i,~ . DEC 0 9 1997 self-insured insurance program, loss control services, and managed care programs for Workers' Compensation insurance. It is understood that the CONTRACTOR is not an insurance carrier or "Related Services" provider. Rather, the CONTRACTOR is a broker/consultant for such services. Below are listed the insurance lines and services included under thc terms of this agreement: a) Property Insurance (Including) Real and Personal Property Extra Expense Business Interruption Valuable Papers Crime Computer (EDP Hardware & Software) Contractors Equipment b) Automobile Insurance (Including) Liability Physical Damage Uninsured Motorists Personal Injury Protection Medical Payments c) General Liability Insurance d) Public Officials Liability Insurance e) Aircraft lusurance (Including) Aircraft Liability Aircraft Physical Damage f) Accidental Death & Dismemberment (Statutory) g) Boiler & Machinery h) Public Officials Bonds i) Difference In Conditions j) Flood Environmental Impairment Liability (Pollution) 1) Contingent Law Enforcement Liability m) Workers' Compensation and Employer's Liability Insurance n) Workers' Compensation Claims Administration Services o) Workers' Compensation Managed Care Programs Property and Liability Claims Administration Services q) Safety and Loss Control Services r) Builder's Risk s) Airport Liability It is agreed that this agreement shall not apply to lines of insurance which are purchased directly by the Collier COUNTY Sheriff's Department. If any of these lines of insurance become part of this agreement, then the provisions of Article E, "Additions to Insured Lines of Business", shall apply. 2. Uninsured Lines of Business Uninsured Lines of Business shall be defined as those types of insurance where the COUNTY determines it is in its best interests to not purchase insurance or where the COUNTY has decided to discontinue the purchase of insurance for that type. 3. Uninsured Losses The COUNTY recognizes that there may be losszs that are not insured under the terms and conditions of insurance policies purchased by the COUNTY. Every insurance policy is structured with an Insuring Agreement which outlines the insurance protection afforded. Each type of policy also contains Exclusions which preclude coverage for certain types of losses. And, each type of policy contains certain Conditions which must be met by the COUNTY in their relationship with the insurance carriers or losses may not be covered. DEC 0 9 1997 C. Annual Fee 1. It is agreed between the COUNTY and the CONTRACTOR that the Annual Fee for the Scope of Services provided by the CONTRACTOR during the term of this Agreement shall be $110,000 per year. The parties to the Agreement recognize that one or more insurance companies may have a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. If that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available from the insurance company and shall fully disclose the amount of commission to the COUNTY. If a commission is paid by an insurance company to the CONTRACTOR, the parties agree that the Annual Fee shall be reduced by the amount of the commission paid to the CONTRACTOR. Notwithstanding this provision, the CONTRACTOR shall be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as proof tha! commissions were not paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for cancellation of this CONTRACT. 2. It is further agreed between thc COUNTY and thc CONTRACTOR that if certain major Insured Lines of Business become Uninsured Lines of Business during the term of this Agreement that there shall be modification to the Annual Fee. The major Lines of Business subject to this reduction and the amount of the reduction are as follows: Lines of Business General Liability $10,000 Automobile $10,000 Public Officials Liability $ 5,000 Environmental Impairment Liability Property $ 2,500 $10,000 Workers' Compensation and Employer's Liability $10,000 D. Fee Payment Schedule It is agreed between thc COUNTY and the CONTRACTOR that the Annual Fee shall be billed on a monthly installment for the term of the Agreement beginning with the first payment payable on October 31, 1997. E. Additions to Insured Lines of Business It is agreed between the COUNTY and the CONTRACTOR that it may be in the best interest of the COUNTY to add other types of Insured Lines of Business or additional services to this Agreement. If the COUNTY chooses to add additional Insured Lines of Business or services, then the parties agree that such additions shall be added by addendum to this Agreement and a reasonable Fee shall be negotiated between the COUNTY and the CONTRACTOR. Further, Section C., paragraph 2 shall also be amended to reflect a fee reduction should such Insured Line of Business become an Uninsured Line of Business at a future date. Scope of Services It is understood that the CONTRACTOR: Shall be responsible for providing assistance in the design of the COUNTY'S Property, Liability and Workers' Compensation program as to program design, coverages, and retentions based upon the COUNTY'S loss experience and program philosophy. At the direction of the Risk Management Director, CONTRACTOR shall submit program design and coverage quotations to the Risk Management Director forty five (45) days prior to po;.icyrenewal. Where possible, the broker shall submit at least three (3) coverage quotations per line. Shall not withhold any coverage quotations which would prove to be advantageous for the COUNTY to select due to a relationship between the Broker and any other carrier. Such withholding shall be grounds for the cancellation of this agreement. Must be able to submit a range of programs consisting of first dollar to "bare" programs. "Bare" programs are those insurance programs wh_,,ereby ! DEC 0 9 1997 I no insurance coverage is purchased either on a primary or excess basis. Shall be responsible for the completion of or assistance in the completion of all applications necessary to place coverage. Shall be responsible for issuing Certificates of Insurance as requested as soon as practical. Shall provide advice and counsel on contractual insuran.ce matters as required. Shall provide names of qualified insurance companies that may be approached for insurance premium quotations and provide information on the financial ratings of these insurance companies. 9. Shall provide assistance in preparing insurance coverage specifications for review by the Risk Management Director ninety (90) days prior to renewal. I0. Shall assist the Risk Management Director in the negotiations with underwriters for certain coverages as may arise from time to time and take primary responsibility for the negotiation of other insurance coverages and their terms, as directed by the Risk Management Director. II. Shall submit to the COUNTY an annual renewal proposal including the following: a) Schedule of all insurance in force, showing expiration dates, net and gross annual premiums, limits and deductible/retentions. b) Assessment of current conditions of insurance market and outlook for market over the next twelve (12) months. c) A review of market conditions various policies and their effect upon the COUNTY'S program. 12. Shall hold quarterly meetings to review performance of the program. 13. Shall when requested, coordinate notice of claims and/or losses to underwriters and carriers and shall also make inquiries and petitions on behalf of the COUNTY to carriers as may be appropriate. IT~ 1991 14. Shall obtain answers from underwriters to policy coverage questions as requested. 15. Shall review certain contracts, leases and agreements for insurance requirements, coverage interpretations and other risk management issues as requested. 16. Shall assist in the preparation and/or handling of all first and third party claims, as requested. 17. Shall follow up for timely issuance of all policies and endorsements and submit originals to the Risk Management Director. 18. Shall, where possible, provide to the COUNTY premium invoices at least twenty-one (21) days prior to the payment due date in accordance with the payment terms required of the CONTRACTOR by the insurance carrier. 19. Shall, where professional expertise exists, provide training to COUNTY employees regarding various insurance and risk management related issues as requested. This training shall not exceed twenty (20) hours per year. A. The Project Manager for the COUNTY is the Collier County Risk Management Director. The Project Manager shall be responsible for overall coordination and oversight of the performance of this CONTRACT. B. All legal notices to the CONTRACTOR under this CONTRACT shall be in writing and sent certified mail to: Insurance and Risk Manak.:ment Services, Inc. 3200 Bailey Lane Naples, FL 34105-8506 C. All legal notices to the COUNTY under this CONTRACT shall be in writing and sent certified mail to the Project Manager at: Collier COUNTY Government Center 3301 E. Tamiami Trail Naples, FL 34112 DEC 0 9 1997 .... /_(::) calendar days from receipt of notice to correct the deficiency. If the deficiency is not corrected within this time, this CONTRACT shall terminate at the expiration of the sixty (60) day time period. The CONTRACTOR shall procure and maintain through the term of this CONTRACT, Professional Liability insurance. Insurance coverage shall have minimum limits of $1,000,000 per occurrence. K. The CONTRACTOR shall provide insurance certificates as proof of insurance prior to the commencement of performance. Insurance certificates shall be written by a company acceptable to the COUNTY. The CONTRACTOR shall notify the COUNTY at least thirty (30) days prior to cancellation or modification of this insurance policy. Lo The CONTRACTOR shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this CONTRACT without prior written consent of the COUNTY. Mo If either party initiates legal action, including but not limited to appeals, to enforce this CONTRACT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon fair market value of services provided. The CONTRACTOR shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap or sex, be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination in any activity under this CONTRACT. The CONTRACTOR shall take all measures necessary to effectuate these assurances. O. Thc laws of thc State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary for either party to initiate legal action regarding this CONTRACT, venue shall be in thc 20'h Judicial Circuit for claims under state law and in the Middle District of Florida, Fort Myers Division, for any claims which have jurisdiction in federal court. P. This CONTRACT may be amended only with thc written approval of the parties. A failure or waiver of the COUNTY'S right to enforce any covenant, condition, or provision of this CONTRACT shall not operate as a discharge of or invalidate such covenant, condition or provision, or impair the_ i ~A~::. j,iC)A, Z ~..i:" ! DEC09 1997 ]o enforcement fishts of the COUNTY. T states the entire understanding between the ps.rtl.es and R. This CONTRAC . - ...... --,-- ts neeot~at~ons, or s an written or oral represelltatlons, ~,~,.men., . supersede Y Th~ CONT~CTOR recosmzes that ~ny sireemcnts.to the contras. . . s statements or negotiations made by COUNTY staff do not represente~on.l · - · ntractual relationship unless . suffice to lcia~lY btnd thc COUNTY m s ~o . ._ . . cch reduced in w~tint, authorized and stoned by en ~utnon~ea they htvc b _. _ ,,:. ~w~viCT shell brad th~ pt~tes, thetr COUNTY rcpresentsuvc. ~m~ ~,----- sssiins, end successors in interest. Thc parties or their duly authorized representatives hereby executive this CONTRACT on the date written above. DA~: BO~ O~ CO~ CO~SIO~ A~ST: COL~ CO~, ~O~A D~G~ E. BRO~ ~E~ BY: Deputy Clerk BY: TIMOTHY L. HANCOCK, APPROVED AS TO FORM AND LEGAL SUPr'ICIENC~: DAVID C. WEIGEL, COL~ ATTORNEY wrrNESSETH: " INSURANCE AND RISK MANAG~ 11 CERTIFICATE OF INSURANCE I~ ISSIJED AS A MAITEi[ Ot~ II~ORMATION ONLY AND COl~u.S NO RIGh-Y-~ CO~._C~__ AFFO~ED BY ~ PO~C3ES ~rlz'~OW. . Ialurla~ l~mplal, lat,. ~151 Slm=o~ ~olah, POBox 12129 TiIIAIIjIII~ ltl 3ZIIT-21D A,r}'O~G COVERAGE: , N1ozaber:. ME.07164721 12.01 AM: 01/01/97 Exp. 12:01 AM: 01~IF)D CO--GE Each Chim Limit: SS,ooo,ooo AgB%.g~t~ ! ~i~ $6,000,000 Hol~': COLLI~ COUNTY BOARD OF COU'~rI'Y COMM~$SI~ ]tL~ ~ D~A~IEMENT 3301 FAST TAML~ff TRA/L NAPLES, FL ]4112 ~ll ,,,,,4,.~.m- to mail I0 data ~Thtaa ~ ~ ll~ ~: _ ~'t~Nm. SON t_i_to APPROVAL OF THE ATTACHED BUDGET AMENDMENT RECOGNIZING FUNDS RECEIVED FROM CABLE FRANCHISE RENEWALS. _QO~JECTIVF-~ To recognize funds received from Media One and Time Warner Cable franchise renewals. CONSIDERATION:- Both Media One and Time Warner Cable, as part of their franchise renewals, as approved by Board of County Commissioners on August $,h, 1997 and September 2nd, 1997 respectively made contributions to Collier County and the Office of Franchise Administration for the improvement of its board room meeting coverage and channel 54 production capabilities. FISCAL IMPACT: The contributions total $195,000 and have been received. Approving this budget amendment will increase the MSTD General fund budget by $50,000 in revenue (111-100210 - 366900) and $145,000 in carry forward (111.919010-489200) and $195,000 in capital expenditures (111 - 100210-764370). ~)~~~.G.~a~~: None. ~.~~aI~.]~: Staffrecommends Board approval of~he attached budget amendment, which places fund into an expenditure account. SUBMITTED BY: ~.~ ~']~ Date: _/I-~,~:f~ _ . - es l~t~el~, Fiscal Analy~, Franchise Adm~n. lean Me~'dk Ma~nager, Francl'd~e Admin. o ~'~hael X. McNess,--Assistant County Admiriistralc BUDGET AMENDMENT REQUEST ~ P,A# ............................... ! J~'~ ................................. [ B^iO~ .............................. .A.F.IL ~ ....................... ---------- 1 11 -----'--- ~NERAL ------~Attach Ex~"U"five Summary ~ 1/17/97 / Item No. · ! if previously approved. ~DETAIL EXPENSE Expenditure Object Code 764370 Expenditure Title Audio Visual Equipment [tlcrease (Decrease) 195,000 Budget TOTAL 195,000 Budget 250,000 REVENUE BUDGET DETAIL REVENUE ----'~ 919010 No.--~Project Title -~ Project RESERVES I ~Cost Center Cost Center Titlej ,enue :venue Object Code Title 489200 Forward B :urrent udget TOTAL 145,000 No. Revised et 2,753,800 fM REVENUE BUDGET DETAIL_.__.~p STO GENE~'=~-=~ 100210 ~ [Cost Center Title ~ Cost Center Project Title roject No. Revenue Revenue Titl-'-'-~--- Increase Current Revised Object Code (Decrease) Budget Budget 366900 Contributions- 50,000 0 $0,000 private sources TOTAL 50,0 EXPLANATION Why are funds needed? For Audio Video improvements to the Board Room and for improvements to Channel 54 broadcast and production capabilities. Where are funds available? Through franchise renewals for Time Warner Cable and Media One as approved by the Board of County Commissioners. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Ad~nin.: Input by: B.A. No.: DATE //- BOARD OF COUNTY COMMISSIO~RS MISCELLANEOUS CORRESPONDENCE DECEMBER 9, 1997 ~:OR BOARD ACTION: 1. ~VIISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Pathway Advisory Committee ofthe Metropolitzn Plarming Organization - minutes of August 29, 1997 and October 15, 1997 agenda. Referred to BCC. 'AGENDA ITEM No. I~, ~, · OEC 09 '!997 J _EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE THE AGKEEMENT IN THE LAWSUIT ENTITLED COLLIER COUNTY VS. COMMUNITY DEVELOPMENT CORPORATION OF sOUTHWEST FLORIDA - IHCKORY BAY WEST, ET AL: AND TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT AND ALL NECESSARY DOCUMENTS PERTAINING THERETO ' ~ That the Board of County Commissioners approve and authorize the Chairman to execute the Agreement between the parties in the case entitled Collier County vs. Community Developrnent Corporation of Southwest Florida - Hickory Bay West, Case No. 94-2934-CA-01- his a eement will allow the Collier County Office of Capital Projects 'lB. Acceptance of t gr ................ ,;,., r~,,,, ment to complete the Management, in conjunction with the c. omer ~ounty ~ran~pu, ,~,,~:, remaining tasks necessary for the satisfaction of the Stipulated Flna! juagment reiauv¢ to matter, and ordered by the Circuit Court in and for Collier County on October 31, 1995. CONSIDERATIONS'. This matter concerns the County's action in eminent domain, relating to the above-named defendants and with respect to the Bonita Beach Road Improvement Project, Project No. 60021. This project rests in the final stages of completion, requiring only the performance of certain enumerated tasks by Collier County, as required by the aforementioned Stipulated Final Judgment. Under the terms of this agreement the County agreed and was ordered to provide an additional drainage inlet on the owncr,'dcfendants property for the purpose of providing improved stormwater management and to prevent flooding of portions of the condominiums' parking lot. Upon additional investigation of County staff in 1997, it was learned that an existing drainage system, privately owned and operated by the condominium association, was present on the property and that if this existing system were to function properly and in conjunction with the new drainage inlet, the existing system would have to be cleaned and flushed. In the spirit of final resolution of this matter, the County is willing to perform this work through the use of Count3' equipment and personnel. However, in order to prevent the possibility of an action against the County based upon inverse condemnation, the County is required to obtain the owners permission prior to entering upon this property and completing the above referenced maintenance work. The instant agreement provides the County with the required permission. FISCAL IMPACT~ There is no cost to the County in this matter aside from the use of County equipment during the maintenance operation. GROWTH MANAGEMENT IMPACTA None. AGENDA ITEM, No._lO 1997 pg._ £xecu6ve Sumrmry CC vs. Comm. Dev, Corp. SW Fl. BECOMM~NDATION: That ~e Bo~ of Co~n~ Co~ission~ acc~t ~e A~e~t in t~s ma~ ~d au~odze ~c ~m to ~u~e ~y doc~ts a~roved by ~e Coun~ A~om~s O~ce to achieve clo~e of ~is ma~. J.,~rrence S. Piv~ck Assistant County Attorney Approved by: David C. Weiser County Attorney Date Date AGENDA ITEM. No._/e DEC 0 9 ' 97 AGREEMENT THIS AGREEMENT is entered into this,.~"_.~_.~day °f (?")c _~ o.~c~-- j 1997, by and between IIICKOILY BAY WEST CONDOMINIUM ASS--O(~IATION, INC., a Florida not-for- profit corporation (the "ASSOCIATION"'), and COLLIER. COUNTY, FLORIDA (the "COUNTY"). WI IEREAS. as a condition to that certain Stipulated Final Judgment between the COUNTY and the ASSOC1ATION (among other paaies), the COUNTY was to provide an additional drainage inlet on the ASSOCIATION'S property and connect same to the existing drainage facility; WI IEREAS, the COUNTY has determined that it is advisable to clean and flush the existing drainage system in conjunction with the installation and connection of the new drainage inlet; WItEREAS, tile COUNTY has requested the authorization of the ASSOCIATION to proceed to flush and clean the existing drainage system, provided it is acknowledged by the ASSOCIATION that the COUNTY shall have no additional responsibility with respect thereto. NOW, TI tEREFORE, For and in consideration of the sum often Dollars ($10.00) and other good and valuable consideration paid by the ASSOCIATION, the receipt of which is hereby acknowledged, the parties hereby agree as follows: i. Tile ASSOCIATION hereby grants unto the COUNTY the right to enter upon the ASSOCIATION'S land for the purpose of flushing and cleaning the exisling drainage system at the cost and expense of the COUNTY. 2. Upon completion ofthe work by the COUNTY as described above, the COUNTY shall have no further responsibility except as otherwise provided in that certain Stipulated Final Judgment recorded at O.R.. Book 2116, page 1962, et ,seq. of'the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the parlles have caused these presents to be executed the date and year first above written. WITNESS: '~itness//2 ItlCKORY BAY WEST CONDOMINIUM ASSOCIATION, INC. Don StraiTord, President,," OI1N^p~1.12 ~ I 1.01 STATE OF FLORIDA COUNTY OF COLLIER. 4(- The foregoing Agreement was acknowledged before me this~ay of 6~.~e:~,o ]~er- ..., 1997, by Don Stratford, as President of Hickory Bay West Condominium Association, Inc., who is personally known to me or who has produced /_, identification. as BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Typed;'Jfi4n~ed Name of Notary My Commbslon l':xpires: ,/ By: TIMOTHY L. HANC~DCK, Chairman #1 c~UNTY Assistant Count~orncy Witness tt2 ATTEST: DWIGHT E. BROCK, Clerk 'I'E OF TY OF (2 The foregoing ___, 1997, by to me or who has ~s identification. acknowledged before · ence S. Pavicek, Jced his day of ~unty Attorney, who is Approved as to form and legal sufficiency: at~f~,]~~.o~Ounty Attorney My CommissioNres: